Evidence Code
Rule 407. Subsequent remedial measures
(Rule 407)
Notes of Decisions
Evidence of remedial measures taken by manufacturer to correct warning label before accident occurred is admissible. Hackett v. Alco Standard Co., 71 Or App 24, 691 P2d 142 (1984), Sup Ct review denied
This rule does not exclude evidence of change of language of warning sign after accident as change would not have made accident less likely to occur and no evidence indicated change was caused by accident. Van Gordon v. PGE, 298 Or 497, 693 P2d 1285 (1985)
This section applies to strict liability cases as well as negligence cases. Krause v. American Aerolights, 307 Or 52, 762 P2d 1011 (1988)
Investigation and report concerning cause of event are not excludable as remedial measures because they are not capable of having been taken prior to event. Ensign v. Marion County, 140 Or App 114, 914 P2d 5 (1996)
Law Review Citations
68 OLR 235 (1989)
(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.