Evidence Code
Rule 101. Applicability of Oregon Evidence Code
(Rule 101)
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)
(Generally)
Notes of Decisions
General rule is that polygraph evidence is inadmissible in proceeding governed by Oregon Evidence Code. State v. Brown, 297 Or 404, 687 P2d 751 (1984)
Party could introduce results of polygraph test taken by spouse for purpose of showing that response of party upon learning polygraph results was reasonable. Fromdahl and Fromdahl, 314 Or 496, 840 P2d 683 (1992)
Where state law completely precludes reliable, materially exculpatory evidence, exclusion of that evidence violates Due Process Clauses of United States Constitution. State v. Cazares-Mendez, 233 Or App 310, 227 P3d 172 (2010), aff'd State v. Cazares-Mendez/Reyes-Sanchez, 350 Or 491, 256 P3d 104 (2011)
Oregon Evidence Code articulates minimum standards of reliability that apply to many types of evidence for admissibility, including eyewitness identification evidence, and parties must employ code to address admissibility of eyewitness testimony. State v. Lawson/James, 352 Or 724, 291 P3d 673 (2012)
Law Review Citations
59 OLR 43 (1980); 19 WLR 343 (1983)
Evidence Code
Annotations are listed under the heading "Under former similar statute" if they predate the adoption of the Evidence Code, which went into effect January 1, 1982.