ORS 115.195
Proof for court allowance of disallowed claim

  • claims for recovery of public assistance or medical assistance

(1)

A claim that has been disallowed by the personal representative may not be allowed by any court except upon some competent, satisfactory evidence other than the testimony of the claimant.

(2)

Intentionally left blank —Ed.

(a)

Notwithstanding subsection (1) of this section, claims for recovery of public assistance as defined by ORS 411.010 (Definitions) or medical assistance as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) may be allowed based on evidence in the form of documents from the Department of Human Services or the Oregon Health Authority that contain information relating to that public assistance or medical assistance, such as the date that services were provided to the decedent, the classification of those services, the name of the provider or the provider’s identification number, and the amount of the public assistance or medical assistance payment made for the services. The documents may be prints obtained from microfilm or microfiche, or printouts from computer records or other electronic storage medium.

(b)

A document described in paragraph (a) of this subsection is prima facie evidence of the information contained in the document and is not excluded from introduction as hearsay, and extrinsic evidence of authenticity of the document as a condition precedent to admissibility is not required, if the document bears a seal that on its face is the seal of the Director of Human Services or the designee of the director, or the Director of the Oregon Health Authority or the designee of the director, and:

(A)

For a print obtained from microfilm or microfiche, also bears a statement indicating that the print is a true copy of the microfilm or microfiche record, signed by a person who purports to be an officer or employee of the department or the authority; or

(B)

For a printout from computer records or other electronic storage medium, also bears a statement indicating that the printout accurately reflects the data retrieved, signed by a person who purports to be an officer or employee of the department or the authority. [1969 c.591 §159; 2003 c.523 §2; 2011 c.720 §61; 2013 c.688 §20; 2021 c.282 §19]

Source: Section 115.195 — Proof for court allowance of disallowed claim; claims for recovery of public assistance or medical assistance, https://www.­oregonlegislature.­gov/bills_laws/ors/ors115.­html.

Notes of Decisions

“Competent, satisfactory evidence” means evidence that establishes prima facie case without testimony of claimant being considered. Lawrence v. Ladd, 280 Or 181, 570 P2d 638 (1977)

Testimony of witness that decedent told her that plaintiff would be paid for taking care of him was insufficient to make out prima facie case, because it merely expressed an intention to pay plaintiff and could not be construed as statement on decedent’s part that he had agreed or promised to pay her. LaTrace v. Estate of LaTrace, 55 Or App 1005, 640 P2d 703 (1982)

Plaintiff established prima facie case for reasonable value of her services where there was sufficient evidence, apart from her own testimony, for jury to find that she provided valuable services to decedent and that decedent requested or acquiesced in services and knew that they were not gratuitous. Johnson v. Ranes, 67 Or App 667, 680 P2d 688 (1984)

Testimony of claimant’s daughters provided sufficient corroboration of plaintiff’s claim that her aunt promised to pay plaintiff for taking care of her to justify trial court’s judgment in plaintiff’s favor on claim against aunt’s estate. Kohler v. Armstrong, 92 Or App 326, 758 P2d 407 (1988)

“Claim that has been disallowed by personal representative” does not include claim to partnership interest in real property and business operation. Wilkinson v. Higgins, 117 Or App 436, 844 P2d 266 (1992)

Green check means up to date. Up to date

Current through early 2024

§ 115.195’s source at oregon​.gov