ORS 40.505
Rule 901. Requirement of authentication or identification

(1)

The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.

(2)

By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of subsection (1) of this section:

(a)

Testimony by a witness with knowledge that a matter is what it is claimed to be.

(b)

Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.

(c)

Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.

(d)

Appearance, contents, substance, internal patterns or other distinctive characteristics, taken in conjunction with circumstances.

(e)

Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.

(f)

Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if:

(A)

In the case of a person, circumstances, including self-identification, show the person answering to be the one called; or

(B)

In the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.

(g)

Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.

(h)

Evidence that a document or data compilation, in any form:

(A)

Is in such condition as to create no suspicion concerning its authenticity;

(B)

Was in a place where it, if authentic, would likely be; and

(C)

Has been in existence 20 years or more at the time it is offered.
(i)
Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.

(j)

Any method of authentication or identification otherwise provided by law or by other rules prescribed by the Supreme Court. [1981 c.892 §68]

Source: Section 40.505 — Rule 901. Requirement of authentication or identification, https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html.

See also annotations under ORS 42.060 and 42.070 in permanent edition.

Notes of Decisions

Authentication is receipt of conditionally relevant evidence, not preliminary determination of admissibility. State v. Park, 140 Or App 507, 916 P2d 334 (1996), Sup Ct review denied

Where victim had video recordings of physical altercation with defendant, and victim testified at pretrial hearing regarding authenticity of recording, testimony and recording were sufficient evidence to authenticate recordings under this section. State v. Sassarini, 300 Or App 106, 452 P3d 457 (2019)

Law Review Citations

19 WLR 428 (1983)

40.010
Rule 100. Short title 40.015
Rule 101. Applicability of Oregon Evidence Code 40.020
Rule 102. Purpose and construction 40.025
Rule 103. Rulings on evidence 40.030
Rule 104. Preliminary questions 40.035
Rule 105. Limited admissibility 40.040
Rule 106. When part of transaction proved, whole admissible 40.060
Rule 201(a). Scope 40.065
Rule 201(b). Kinds of facts 40.070
Rules 201(c) and 201(d). When mandatory or discretionary 40.075
Rule 201(e). Opportunity to be heard 40.080
Rule 201(f). Time of taking notice 40.085
Rule 201(g). Instructing the jury 40.090
Rule 202. Law that is judicially noticed 40.105
Rule 305. Allocation of the burden of persuasion 40.110
Rule 306. Instructions on the burden of persuasion 40.115
Rule 307. Allocation of the burden of producing evidence 40.120
Rule 308. Presumptions in civil proceedings 40.125
Rule 309. Presumptions in criminal proceedings 40.130
Rule 310. Conflicting presumptions 40.135
Rule 311. Presumptions 40.150
Rule 401. Definition of “relevant evidence.” 40.155
Rule 402. Relevant evidence generally admissible 40.160
Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay 40.170
Rule 404. Character evidence 40.172
Rule 404-1. Pattern, practice or history of abuse 40.175
Rule 405. Methods of proving character 40.180
Rule 406. Habit 40.185
Rule 407. Subsequent remedial measures 40.190
Rule 408. Compromise and offers to compromise 40.195
Rule 409. Payment of medical and similar expenses 40.200
Rule 410. Withdrawn plea or statement not admissible 40.205
Rule 411. Liability insurance 40.210
Rule 412. Sex offense cases 40.211
Rule 412-1. Evidence not admissible in civil proceeding involving sexual misconduct 40.215
Rule 413. Measures and assessments intended to minimize impact of or plan for natural disaster 40.225
Rule 503. Lawyer-client privilege 40.227
Rule 503-1. Right of client to communicate with lawyer 40.230
Rule 504. Psychotherapist-patient privilege 40.235
Rule 504-1. Physician-patient privilege 40.240
Rule 504-2. Nurse-patient privilege 40.245
Rule 504-3. School employee-student privilege 40.250
Rule 504-4. Regulated social worker-client privilege 40.252
Rule 504-5. Communications revealing intent to commit certain crimes 40.255
Rule 505. Spousal privilege 40.260
Rule 506. Member of clergy-penitent privilege 40.262
Rule 507. Counselor-client privilege 40.264
Rule 507-1. Certified advocate-victim privilege 40.265
Rule 508a. Stenographer-employer privilege 40.270
Rule 509. Public officer privilege 40.272
Rule 509-1. Sign language interpreter privilege 40.273
Rule 509-2. Non-English-speaking person-interpreter privilege 40.274
Rule 509-3. Legislative branch offsite process counselor privilege 40.275
Rule 510. Identity of informer 40.280
Rule 511. Waiver of privilege by voluntary disclosure 40.285
Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege 40.290
Rule 513. Comment upon or inference from claim of privilege 40.295
Rule 514. Effect on existing privileges 40.310
Rule 601. General rule of competency 40.315
Rule 602. Lack of personal knowledge 40.320
Rule 603. Oath or affirmation 40.325
Rule 604. Interpreters 40.330
Rule 605. Competency of judge as witness 40.335
Rule 606. Competency of juror as witness 40.345
Rule 607. Who may impeach 40.350
Rule 608. Evidence of character and conduct of witness 40.355
Rule 609. Impeachment by evidence of conviction of crime 40.360
Rule 609-1. Impeachment for bias or interest 40.365
Rule 610. Religious beliefs or opinions 40.370
Rule 611. Mode and order of interrogation and presentation 40.375
Rule 612. Writing used to refresh memory 40.380
Rule 613. Prior statements of witnesses 40.385
Rule 615. Exclusion of witnesses 40.405
Rule 701. Opinion testimony by lay witnesses 40.410
Rule 702. Testimony by experts 40.415
Rule 703. Bases of opinion testimony by experts 40.420
Rule 704. Opinion on ultimate issue 40.425
Rule 705. Disclosure of fact or data underlying expert opinion 40.430
Rule 706. Impeachment of expert witness by learned treatise 40.450
Rule 801. Definitions for ORS 40.450 to 40.475 40.455
Rule 802. Hearsay rule 40.460
Rule 803. Hearsay exceptions 40.465
Rule 804. Hearsay exceptions when the declarant is unavailable 40.470
Rule 805. Hearsay within hearsay 40.475
Rule 806. Attacking and supporting credibility of declarant 40.505
Rule 901. Requirement of authentication or identification 40.510
Rule 902. Self-authentication 40.515
Rule 903. Subscribing witness’ testimony unnecessary 40.550
Rule 1001. Definitions for ORS 40.550 to 40.585 40.555
Rule 1002. Requirement of original 40.560
Rule 1003. Admissibility of duplicates 40.562
Rule 1003-1. Admissibility of reproduction 40.565
Rule 1004. Admissibility of other evidence of contents 40.570
Rule 1005. Public records 40.575
Rule 1006. Summaries 40.580
Rule 1007. Testimony or written admission of party 40.585
Rule 1008. Functions of court and jury
Green check means up to date. Up to date

Current through early 2024

§ 40.505’s source at oregon​.gov