Rule 103. Rulings on evidence
Source:
Section 40.025 — Rule 103. Rulings on evidence, https://www.oregonlegislature.gov/bills_laws/ors/ors040.html.
Notes of Decisions
Offer of proof of what would happen in trial was sufficient to permit trial court to rule intelligently on propriety of offered evidence; there was no need for further procedure to preserve assignment of error. State v. Foster, 296 Or 174, 674 P2d 587 (1983)
Treatise was improperly admitted as substantive evidence in medical malpractice case but admission did not prejudice substantial right of defendant because testimony was cumulative of other testimony. Travis v. Unruh, 66 Or App 562, 674 P2d 1192 (1984), Sup Ct review denied
Evidential error is not presumed prejudicial, and party alleging error must show error affected substantial rights. John Henry Company v. MacDonald, 92 Or App 659, 759 P2d 1126 (1988), Sup Ct review denied
Error is harmless only if it is unlikely that it affected verdict and court can say on record verdict would have been same without error. State v. Dillard, 100 Or App 645, 787 P2d 1307 (1990)
Even assuming that testimony in question was inadmissible hearsay, where result of trial would not have been different if trial court had excluded it, no substantial right of plaintiff was affected by admitting testimony and any error does not require reversal. Hager v. American Honda Motor Co., Inc., 101 Or App 640, 792 P2d 459 (1990)
Defendant was not required to make offer of proof to preserve error where offer would give additional information on legal question before court, parties had fully argued merits of issue, offer would not have altered court’s analysis and where evidence sought to be admitted was declared inadmissible as matter of law. State v. Olmstead, 310 Or 455, 800 P2d 277 (1990)
Substantial right of criminal defendant is not affected if there is substantial and convincing evidence of guilt and little likelihood that error affected result. State v. Abercrombie, 108 Or App 447, 816 P2d 656 (1991)
Appellant need not always establish that evidentiary error would produce different result since test is whether erroneously admitted evidence has some likelihood of affecting result. Hass v. Port of Portland, 112 Or App 308, 829 P2d 1008 (1992), Sup Ct review denied
Where pretrial ruling is made on evidentiary issue, failure to pursue discretionary relitigation of issue at trial does not render claim of error on pretrial ruling unpreserved. State v. Cole, 323 Or 30, 912 P2d 907 (1996)
Where record was adequately developed at trial to support affirmance under alternative theory, erroneous concession at trial that alternative theory was inapplicable does not prevent affirmance. State ex rel Juvenile Dept. v. Pfaff, 164 Or App 470, 994 P2d 147 (1999), Sup Ct review denied
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