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TITLE 4

EVIDENCE ANDWITNESSES

Chapter 40. EvidenceCode

41. EvidenceGenerally

42. Execution,Formalities and Interpretation of Writings

43. PublicWritings

44. Witnesses

45. TestimonyGenerally

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Chapter 40 — EvidenceCode

2009 EDITION

EVIDENCECODE

EVIDENCEAND WITNESSES

GENERALPROVISIONS

40.010 Rule100. Short title

40.015 Rule101. Applicability of Oregon Evidence Code

40.020 Rule102. Purpose and construction

40.025 Rule103. Rulings on evidence

40.030 Rule104. Preliminary questions

40.035 Rule105. Limited admissibility

40.040 Rule106. When part of transaction proved, whole admissible

JUDICIALNOTICE

40.060 Rule201(a). Scope

40.065 Rule201(b). Kinds of facts

40.070 Rules201(c) and 201(d). When mandatory or discretionary

40.075 Rule201(e). Opportunity to be heard

40.080 Rule201(f). Time of taking notice

40.085 Rule201(g). Instructing the jury

40.090 Rule202. Law that is judicially noticed

BURDENOF PERSUASION; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS

40.105 Rule305. Allocation of the burden of persuasion

40.110 Rule306. Instructions on the burden of persuasion

40.115 Rule307. Allocation of the burden of producing evidence

40.120 Rule308. Presumptions in civil proceedings

40.125 Rule309. Presumptions in criminal proceedings

40.130 Rule310. Conflicting presumptions

40.135 Rule311. Presumptions

RELEVANCY

40.150 Rule401. Definition of “relevant evidence”

40.155 Rule402. Relevant evidence generally admissible

40.160 Rule403. Exclusion of relevant evidence on grounds of prejudice, confusion or unduedelay

40.170 Rule404. Character evidence; evidence of other crimes, wrongs or acts

40.172 Rule404-1. Pattern, practice or history of abuse; expert testimony

40.175 Rule405. Methods of proving character

40.180 Rule406. Habit; routine practice

40.185 Rule407. Subsequent remedial measures

40.190 Rule408. Compromise and offers to compromise

40.195 Rule409. Payment of medical and similar expenses

40.200 Rule410. Withdrawn plea or statement not admissible

40.205 Rule411. Liability insurance

40.210 Rule412. Sex offense cases; relevance of victim’s past behavior or manner of dress

PRIVILEGES

40.225 Rule503. Lawyer-client privilege

40.230 Rule504. Psychotherapist-patient privilege

40.235 Rule504-1. Physician-patient privilege

40.240 Rule504-2. Nurse-patient privilege

40.245 Rule504-3. School employee-student privilege

40.250 Rule504-4. Regulated social worker-client privilege

40.252 Rule504-5. Communications revealing intent to commit certain crimes

40.255 Rule505. Husband-wife privilege

40.260 Rule506. Member of clergy-penitent privilege

40.262 Rule507. Counselor-client privilege

40.265 Rule508a. Stenographer-employer privilege

40.270 Rule509. Public officer privilege

40.272 Rule509-1. Sign language interpreter privilege

40.273 Rule509-2. Non-English-speaking person-interpreter privilege

40.275 Rule510. Identity of informer

40.280 Rule511. Waiver of privilege by voluntary disclosure

40.285 Rule512. Privileged matter disclosed under compulsion or without opportunity toclaim privilege

40.290 Rule513. Comment upon or inference from claim of privilege

40.295 Rule514. Effect on existing privileges

WITNESSES

40.310 Rule601. General rule of competency

40.315 Rule602. Lack of personal knowledge

40.320 Rule603. Oath or affirmation

40.325 Rule604. Interpreters

40.330 Rule605. Competency of judge as witness

40.335 Rule606. Competency of juror as witness

40.345 Rule607. Who may impeach

40.350 Rule608. Evidence of character and conduct of witness

40.355 Rule609. Impeachment by evidence of conviction of crime; exceptions

40.360 Rule609-1. Impeachment for bias or interest

40.365 Rule610. Religious beliefs or opinions

40.370 Rule611. Mode and order of interrogation and presentation

40.375 Rule612. Writing used to refresh memory

40.380 Rule613. Prior statements of witnesses

40.385 Rule615. Exclusion of witnesses

OPINIONSAND EXPERT TESTIMONY

40.405 Rule701. Opinion testimony by lay witnesses

40.410 Rule702. Testimony by experts

40.415 Rule703. Bases of opinion testimony by experts

40.420 Rule704. Opinion on ultimate issue

40.425 Rule705. Disclosure of fact or data underlying expert opinion

40.430 Rule706. Impeachment of expert witness by learned treatise

HEARSAY

40.450 Rule801. Definitions for ORS 40.450 to 40.475

40.455 Rule802. Hearsay rule

40.460 Rule803. Hearsay exceptions; availability of declarant immaterial

40.465 Rule804. Hearsay exceptions when the declarant is unavailable

40.470 Rule805. Hearsay within hearsay

40.475 Rule806. Attacking and supporting credibility of declarant

AUTHENTICATIONAND IDENTIFICATION

40.505 Rule901. Requirement of authentication or identification

40.510 Rule902. Self-authentication

40.515 Rule903. Subscribing witness’ testimony unnecessary

CONTENTSOF WRITINGS, RECORDINGS AND PHOTOGRAPHS