Evidence Code
Rule 504-2. Nurse-patient privilege
(Rule 504-2)
See also annotations under ORS 44.040 in permanent edition.
Notes of Decisions
Under Former Similar Statute (Ors 44.040)
Where public health nurse became acquainted with appellant through multi-faceted social service program and was not engaged in furnishing nursing care to appellant, nurse's testimony in termination of parental rights action as to her observations and opinions acquired during interviews and home visits with appellant was not covered by privilege of this section. State ex rel Juvenile Dept. v. Banker, 47 Or App 1125, 615 P2d 1168 (1980), Sup Ct review denied
Correction
The permanent edition citation for Nielson v. Bryson should be 257 Or 179, 477 P2d 714 (1970).
Law Review Citations
Under Former Similar Statute (Ors 44.040)
11 WLJ 329 (1975); 55 OLR 459-473 (1976)
(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.