Chapter 40 Evidence Code

General Provisions

§ 40.010		Rule 100. Short title
§ 40.015		Rule 101. Applicability of Oregon Evidence Code
§ 40.020		Rule 102. Purpose and construction
§ 40.025		Rule 103. Rulings on evidence
§ 40.030		Rule 104. Preliminary questions
§ 40.035		Rule 105. Limited admissibility

§ 40.040

Rule 106. When part of transaction proved, whole admissible

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Judicial Notice

§ 40.060		Rule 201(a). Scope
§ 40.065		Rule 201(b). Kinds of facts
§ 40.070		Rules 201(c) and 201(d). When mandatory or discretionary
§ 40.075		Rule 201(e). Opportunity to be heard
§ 40.080		Rule 201(f). Time of taking notice
§ 40.085		Rule 201(g). Instructing the jury

§ 40.090

Rule 202. Law that is judicially noticed

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Burden of Persuasion; Burden of Producing Evidence; Presumptions

§ 40.105		Rule 305. Allocation of the burden of persuasion
§ 40.110		Rule 306. Instructions on the burden of persuasion
§ 40.115		Rule 307. Allocation of the burden of producing evidence
§ 40.120		Rule 308. Presumptions in civil proceedings
§ 40.125		Rule 309. Presumptions in criminal proceedings
§ 40.130		Rule 310. Conflicting presumptions

§ 40.135

Rule 311. Presumptions

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Relevancy

§ 40.150		Rule 401. Definition of “relevant evidence”
§ 40.155		Rule 402. Relevant evidence generally admissible
§ 40.160		Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay
§ 40.185		Rule 407. Subsequent remedial measures
§ 40.170		Rule 404. Character evidence
§ 40.172		Rule 404-1. Pattern, practice or history of abuse

§ 40.175		Rule 405. Methods of proving character
§ 40.180		Rule 406. Habit
§ 40.190		Rule 408. Compromise and offers to compromise
§ 40.195		Rule 409. Payment of medical and similar expenses
§ 40.200		Rule 410. Withdrawn plea or statement not admissible
§ 40.205		Rule 411. Liability insurance
§ 40.210		Rule 412. Sex offense cases
§ 40.211		Rule 412-1. Evidence not admissible in civil proceeding involving sexual misconduct
§ 40.215		Rule 413. Measures and assessments intended to minimize impact of or plan for natural disaster

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Privileges

§ 40.225		Rule 503. Lawyer-client privilege
§ 40.227		Rule 503-1. Right of client to communicate with lawyer
§ 40.230		Rule 504. Psychotherapist-patient privilege
§ 40.235		Rule 504-1. Physician-patient privilege
§ 40.240		Rule 504-2. Nurse-patient privilege
§ 40.245		Rule 504-3. School employee-student privilege

§ 40.250		Rule 504-4. Regulated social worker-client privilege
§ 40.252		Rule 504-5. Communications revealing intent to commit certain crimes
§ 40.255		Rule 505. Spousal privilege
§ 40.260		Rule 506. Member of clergy-penitent privilege
§ 40.262		Rule 507. Counselor-client privilege
§ 40.264		Rule 507-1. Certified advocate-victim privilege
§ 40.265		Rule 508a. Stenographer-employer privilege
§ 40.270		Rule 509. Public officer privilege
§ 40.272		Rule 509-1. Sign language interpreter privilege
§ 40.273		Rule 509-2. Non-English-speaking person-interpreter privilege
§ 40.274		Rule 509-3. Legislative branch offsite process counselor privilege
§ 40.275		Rule 510. Identity of informer
§ 40.280		Rule 511. Waiver of privilege by voluntary disclosure
§ 40.285		Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege
§ 40.290		Rule 513. Comment upon or inference from claim of privilege
§ 40.295		Rule 514. Effect on existing privileges

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Witnesses

§ 40.375		Rule 612. Writing used to refresh memory
§ 40.380		Rule 613. Prior statements of witnesses
§ 40.310		Rule 601. General rule of competency
§ 40.315		Rule 602. Lack of personal knowledge
§ 40.320		Rule 603. Oath or affirmation
§ 40.325		Rule 604. Interpreters

§ 40.330		Rule 605. Competency of judge as witness
§ 40.335		Rule 606. Competency of juror as witness
§ 40.345		Rule 607. Who may impeach
§ 40.350		Rule 608. Evidence of character and conduct of witness
§ 40.355		Rule 609. Impeachment by evidence of conviction of crime
§ 40.360		Rule 609-1. Impeachment for bias or interest
§ 40.365		Rule 610. Religious beliefs or opinions
§ 40.370		Rule 611. Mode and order of interrogation and presentation
§ 40.385		Rule 615. Exclusion of witnesses

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Opinions and Expert Testimony

§ 40.405		Rule 701. Opinion testimony by lay witnesses
§ 40.410		Rule 702. Testimony by experts
§ 40.415		Rule 703. Bases of opinion testimony by experts
§ 40.420		Rule 704. Opinion on ultimate issue
§ 40.425		Rule 705. Disclosure of fact or data underlying expert opinion
§ 40.430		Rule 706. Impeachment of expert witness by learned treatise

Hearsay

§ 40.450		Rule 801. Definitions for ORS 40.450 to 40.475
§ 40.455		Rule 802. Hearsay rule
§ 40.460		Rule 803. Hearsay exceptions
§ 40.465		Rule 804. Hearsay exceptions when the declarant is unavailable
§ 40.470		Rule 805. Hearsay within hearsay
§ 40.475		Rule 806. Attacking and supporting credibility of declarant

Authentication and Identification

§ 40.505		Rule 901. Requirement of authentication or identification
§ 40.510		Rule 902. Self-authentication
§ 40.515		Rule 903. Subscribing witness’ testimony unnecessary

Contents of Writings, Recordings and Photographs

§ 40.550		Rule 1001. Definitions for ORS 40.550 to 40.585
§ 40.555		Rule 1002. Requirement of original
§ 40.560		Rule 1003. Admissibility of duplicates
§ 40.562		Rule 1003-1. Admissibility of reproduction
§ 40.565		Rule 1004. Admissibility of other evidence of contents
§ 40.570		Rule 1005. Public records

§ 40.575		Rule 1006. Summaries
§ 40.580		Rule 1007. Testimony or written admission of party
§ 40.585		Rule 1008. Functions of court and jury

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