ORS 40.015
Rule 101. Applicability of Oregon Evidence Code

(1)

The Oregon Evidence Code applies to all courts in this state except for:

(a)

A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501 (Appeals to tax court to be heard by magistrate division);

(b)

The small claims department of a circuit court as provided by ORS 46.415 (Circuit judges to sit in department); and

(c)

The small claims department of a justice court as provided by ORS 55.080 (Formal pleadings unnecessary).

(2)

The Oregon Evidence Code applies generally to civil actions, suits and proceedings, criminal actions and proceedings and to contempt proceedings except those in which the court may act summarily.

(3)

ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) relating to privileges apply at all stages of all actions, suits and proceedings.

(4)

ORS 40.010 (Rule 100. Short title) to 40.210 (Rule 412. Sex offense cases) and 40.310 (Rule 601. General rule of competency) to 40.585 (Rule 1008. Functions of court and jury) do not apply in the following situations:

(a)

The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under ORS 40.030 (Rule 104. Preliminary questions).

(b)

Proceedings before grand juries, except as required by ORS 132.320 (Consideration of evidence).

(c)

Proceedings for extradition, except as required by ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses).

(d)

Sentencing proceedings, except proceedings under ORS 138.052 (Appeal from judgment of conviction and sentence of death) and 163.150 (Sentencing for aggravated murder), as required by ORS 137.090 (Considerations in determining aggravation or mitigation) or proceedings under ORS 136.765 (Notice to defendant) to 136.785 (Burden of proof).

(e)

Proceedings to revoke probation, except as required by ORS 137.090 (Considerations in determining aggravation or mitigation).

(f)

Proceedings conducted in a reentry court under section 29, chapter 649, Oregon Laws 2013.

(g)

Issuance of warrants of arrest, bench warrants or search warrants.

(h)

Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173 (Oregon Evidence Code to apply in preliminary hearings).

(i)

Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (Disposition required) (2) and 419C.400 (Conduct of hearings) (4).

(j)

Proceedings under ORS 813.210 (Petition), 813.215 (Eligibility for diversion), 813.220 (Matters to be considered by court in determining to allow diversion agreement), 813.230 (Diversion agreement), 813.250 (Motion to dismiss charge on completion of diversion) and 813.255 (Termination of diversion) to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.

(k)

Proceedings under ORS 147.530 (Hearing on claim, response or motion) relating to victims’ rights, except for the provisions of ORS 40.105 (Rule 305. Allocation of the burden of persuasion) and 40.115 (Rule 307. Allocation of the burden of producing evidence). [1981 c.892 §2; 1983 c.784 §1; 1985 c.16 §444; 1987 c.441 §10; 1993 c.18 §13; 1993 c.33 §289; 1995 c.531 §1; 1995 c.650 §22; 1995 c.657 §22; 1995 c.658 §35; 1999 c.1055 §11; 2005 c.345 §2; 2005 c.463 §8; 2005 c.463 §13; 2005 c.843 §25; 2007 c.16 §2; 2009 c.178 §23; 2013 c.649 §32]
Note: The amendments to 40.015 (Rule 101. Applicability of Oregon Evidence Code) by section 37, chapter 649, Oregon Laws 2013, become operative July 1, 2023. See section 38, chapter 649, Oregon Laws 2013. The text that is operative on and after July 1, 2023, is set forth for the user’s convenience.
40.015 (Rule 101. Applicability of Oregon Evidence Code). (1) The Oregon Evidence Code applies to all courts in this state except for:

(a)

A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501 (Appeals to tax court to be heard by magistrate division);

(b)

The small claims department of a circuit court as provided by ORS 46.415 (Circuit judges to sit in department); and

(c)

The small claims department of a justice court as provided by ORS 55.080 (Formal pleadings unnecessary).

(2)

The Oregon Evidence Code applies generally to civil actions, suits and proceedings, criminal actions and proceedings and to contempt proceedings except those in which the court may act summarily.

(3)

ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) relating to privileges apply at all stages of all actions, suits and proceedings.

(4)

ORS 40.010 (Rule 100. Short title) to 40.210 (Rule 412. Sex offense cases) and 40.310 (Rule 601. General rule of competency) to 40.585 (Rule 1008. Functions of court and jury) do not apply in the following situations:

(a)

The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under ORS 40.030 (Rule 104. Preliminary questions).

(b)

Proceedings before grand juries, except as required by ORS 132.320 (Consideration of evidence).

(c)

Proceedings for extradition, except as required by ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses).

(d)

Sentencing proceedings, except proceedings under ORS 138.052 (Appeal from judgment of conviction and sentence of death) and 163.150 (Sentencing for aggravated murder), as required by ORS 137.090 (Considerations in determining aggravation or mitigation) or proceedings under ORS 136.765 (Notice to defendant) to 136.785 (Burden of proof).

(e)

Proceedings to revoke probation, except as required by ORS 137.090 (Considerations in determining aggravation or mitigation).

(f)

Issuance of warrants of arrest, bench warrants or search warrants.

(g)

Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173 (Oregon Evidence Code to apply in preliminary hearings).

(h)

Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (Disposition required) (2) and 419C.400 (Conduct of hearings) (4).

(i)

Proceedings under ORS 813.210 (Petition), 813.215 (Eligibility for diversion), 813.220 (Matters to be considered by court in determining to allow diversion agreement), 813.230 (Diversion agreement), 813.250 (Motion to dismiss charge on completion of diversion) and 813.255 (Termination of diversion) to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.

(j)

Proceedings under ORS 147.530 (Hearing on claim, response or motion) relating to victims’ rights, except for the provisions of ORS 40.105 (Rule 305. Allocation of the burden of persuasion) and 40.115 (Rule 307. Allocation of the burden of producing evidence).

Source: Section 40.015 — Rule 101. Applicability of Oregon Evidence Code, https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html.

Notes of Decisions

Hearsay rules of OEC do not apply to pretrial hearing on motion to suppress evidence in criminal case. State v. Wright, 315 Or 124, 843 P2d 436 (1992)

Applicability of Oregon Evidence Code “as required by ORS 137.090” in proceedings to revoke probation does not make evidence code applicable in adjudicatory phase of revocation proceedings. State v. Hammond, 218 Or App 574, 180 P3d 137 (2008)

Law Review Citations

62 OLR 514 (1983)

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 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 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 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 40.170
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 40.185
Rule 407. Subsequent remedial measures 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 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 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 40.375
Rule 612. Writing used to refresh memory 40.380
Rule 613. Prior statements of witnesses 40.385
Rule 615. Exclusion of witnesses 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 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 40.505
Rule 901. Requirement of authentication or identification 40.510
Rule 902. Self-authentication 40.515
Rule 903. Subscribing witness’ testimony unnecessary 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
Green check means up to date. Up to date

Current through early 2024

§ 40.015’s source at oregon​.gov