Evidence Code
Rule 504. Psychotherapist-patient privilege
(Rule 504)
See also annotations under ORS 44.040 in permanent edition.
Notes of Decisions
Where defendant telephoned Dammasch State Hospital and told receptionist that he wanted to speak to a doctor because he "just killed a man" communication was not confidential and, therefore, was not privileged; subsequent statements to psychiatrist were not communications made for purpose of diagnosis or treatment where psychiatrist's purpose was to keep defendant on telephone until police arrived rather than to establish psychotherapist-patient relationship and, therefore, those statements were not privileged. State v. Miller, 67 Or App 637, 680 P2d 676 (1984)
Defendant hospital's duty of confidentiality did not extend beyond patient to patient's family where facts disclosed did not concern family and did not arise out of any family involvement in patient's treatment. Doe v. Portland Health Centers, Inc., 99 Or App 423, 782 P2d 446 (1989)
Where legislature intended to exclude person who is specifically consulted for drug and alcohol dependency from definition of psychotherapist, mother could not claim psychotherapist-patient privilege as to evidence about her drug and alcohol treatment in termination of parental rights case. State ex rel Juv. Dept. v. Ashley, 312 Or 169, 818 P2d 1270 (1991); 112 Or App 153, 826 P2d 130 (1992)
Abrogation of privilege by ORS 419B.040 with regard to child abuse cases applies to psychotherapist communication with patient accused of abuse. State ex rel Juvenile Dept. v. Spencer, 198 Or App 599, 108 P3d 1189 (2005)
Law Review Citations
22 WLR 607 (1986)
(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.