Evidence Code

ORS 40.565
Rule 1004. Admissibility of other evidence of contents

The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible when:


All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;


An original cannot be obtained by any available judicial process or procedure;


At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or


The writing, recording or photograph is not closely related to a controlling issue. [1981 c.892 §74]

(Rule 1004)

See also annotations under ORS 41.640 in permanent edition.

Law Review Citations

19 WLR 443 (1983)

§§ 40.550 to 40.585

Notes of Decisions

Where testimony by appellant and appellant's son clearly and convincingly establishes that appellant had been involuntarily committed twice in past three years, original commitment order is not required by "best evidence rule." State v. Brungard, 101 Or App 67, 789 P2d 683 (1990), as modified by 102 Or App 509, 789 P2d 683 (1990)

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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)

Chapter 40

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.


Last accessed
Jun. 26, 2021