Chapter 41 - Evidence Generally
- 41.010 Judicial evidence; proof.
Judicial evidence is the means, sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a question of fact. Proof is the effect...
- 41.020 [Repealed by 1981 c.892 §98]
- 41.030 [Repealed by 1981 c.892 §98]
- 41.040 [Repealed by 1981 c.892 §98]
- 41.050 [Repealed by 1981 c.892 §98]
- 41.060 [Repealed by 1981 c.892 §98]
- 41.070 [Repealed by 1981 c.892 §98]
- 41.080 [Repealed by 1981 c.892 §98]
- 41.090 [Repealed by 1981 c.892 §98]
- 41.100 [Repealed by 1981 c.892 §98]
- 41.110 Satisfactory evidence.
Satisfactory evidence is that which ordinarily produces moral certainty or conviction in an unprejudiced mind. It alone will justify a verdict. Evidence less than this...
- 41.120 [Repealed by 1981 c.892 §98]
- 41.130 [Repealed by 1981 c.892 §98]
- 41.140 [Repealed by 1981 c.892 §98]
- 41.150 [Repealed by 1981 c.892 §98]
- 41.210 [Repealed by 1981 c.892 §98]
- 41.220 [Repealed by 1981 c.892 §98]
- 41.230 [Repealed by 1981 c.892 §98]
- 41.240 [Repealed by 1981 c.892 §98]
- 41.250 [Repealed by 1981 c.892 §98]
- 41.260 [Repealed by 1981 c.892 §98]
- 41.270 Proof of usage.
(1) Usage shall be proved by the testimony of at least two witnesses. (2) Evidence may be given of usage to explain the true character...
- 41.280 [Repealed by 1981 c.892 §98]
- 41.310 [Repealed by 1981 c.892 §98]
- 41.315 [1987 c.774 §§1,2; repealed by 1995 c.688 §6]
- 41.320 [Repealed by 1981 c.892 §98]
- 41.330 [Repealed by 1981 c.892 §98]
- 41.340 [Repealed by 1981 c.892 §98]
- 41.350 [Amended by 1971 c.127 §1; repealed by 1981 c.892 §98]
- 41.360 [Amended by 1957 c.679 §1; 1961 c.726 §399; repealed by 1981 c.892 §98]
- 41.410 [Repealed by 1981 c.892 §98]
- 41.415 Photograph of victim in prosecution for criminal homicide.
In a prosecution for any criminal homicide, a photograph of the victim while alive shall be admissible evidence when offered by the district attorney to...
- 41.420 [Repealed by 1981 c.892 §98]
- 41.430 [Repealed by 1981 c.892 §98]
- 41.440 [Repealed by 1981 c.892 §98]
- 41.450 [Repealed by 1981 c.892 §98]
- 41.460 [Repealed by 1981 c.892 §98]
- 41.470 [Repealed by 1981 c.892 §98]
- 41.480 [Repealed by 1981 c.892 §98]
- 41.500 “Secondary evidence” defined for ORS 41.500 to 41.580.
As used in ORS 41.500 to 41.580, “secondary evidence” means a copy, or oral evidence, of an original writing or object. [1981 c.892 §81]
- 41.510 Indispensable evidence.
Certain evidence is necessary to the validity of particular acts or the proof of particular facts.
- 41.520 Evidence to prove a will.
Evidence of a will shall be the written instrument itself, or secondary evidence of the contents of the will, in the cases prescribed by law....
- 41.530 Evidence of representations as to third persons.
No evidence is admissible to charge a person upon a representation as to the credit, skill or character of a third person, unless the representation,...
- 41.540 [Repealed by 1977 c.479 §1]
- 41.550 [Repealed by 1961 c.726 §427]
- 41.560 Grant or assignment of trust.
Every grant or assignment of any existing trust in lands, tenements, hereditaments, goods or things in action is void, unless it is in writing and...
- 41.570 Contracts and communications made by telegraph.
Contracts made by telegraph shall be held to be in writing; and all communications sent by telegraph, and signed by the sender, or by the...
- 41.580 Statute of frauds.
(1) In the following cases the agreement is void unless it, or some note or memorandum thereof, expressing the consideration, is in writing and subscribed...
- 41.590 [Repealed by 1961 c.726 §427]
- 41.610 [Repealed by 1981 c.892 §98]
- 41.615 [1959 c.353 §§1,3 (subsection (2) enacted in lieu of 41.630); 1973 c.231 §1; repealed by 1977 c.358 §1 (41.616 enacted in lieu of 41.615)]
- 41.616 [1977 c.358 §2 (enacted in lieu of 41.615); repealed by 1979 c.284 §199]
- 41.617 [1977 c.358 §3; repealed by 1979 c.284 §199]
- 41.618 [1977 c.358 §4; repealed by 1979 c.284 §199]
- 41.620 [Repealed by 1979 c.284 §199]
- 41.622 [1977 c.744 §2; repealed by 1979 c.284 §199]
- 41.625 [1959 c.349 §1; repealed by 1977 c.240 §1; (41.626 enacted in lieu of 41.625)]
- 41.626 [1977 c.240 §2 (enacted in lieu of 41.625); repealed by 1979 c.284 §199]
- 41.630 [Repealed by 1959 c.353 §2 (subsection (2) of 41.615 enacted in lieu of 41.630)]
- 41.631 [1977 c.240 §4; repealed by 1979 c.284 §199]
- 41.635 [1977 c.240 §3 and 1977 c.358 §5; repealed by 1979 c.284 §199]
- 41.640 [Repealed by 1981 c.892 §98]
- 41.650 [Repealed by 1981 c.892 §98]
- 41.660 Admissibility of objects cognizable by the senses.
Whenever an object, cognizable by the senses, has such a relation to the fact in dispute as to afford reasonable grounds of belief respecting it,...
- 41.670 [Repealed by 1981 c.892 §98]
- 41.675 Inadmissibility of certain data provided to peer review body of health care providers and health care groups.
(1) As used in this section, “peer review body” includes tissue committees, governing bodies or committees including medical staff committees of a health care facility...
- 41.680 [Repealed by 1981 c.892 §98]
- 41.685 Inadmissibility of certain data relating to emergency medical services system.
(1) All data shall be privileged and are not public records as defined in ORS 192.410 and shall not be admissible in evidence in any...
- 41.690 [Repealed by 1981 c.892 §98]
- 41.700 [Repealed by 1981 c.892 §98]
- 41.710 [Repealed by 1981 c.892 §98]
- 41.720 [Repealed by 1981 c.892 §98]
- 41.730 [Repealed by 1981 c.892 §98]
- 41.740 Parol evidence rule.
When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and...
- 41.810 [Repealed by 1981 c.892 §98]
- 41.815 Evidence of compliance with or attempt to comply with ORCP 32 I; when admissible.
Attempts to comply with the provisions of ORCP 32 I by a person receiving a demand shall be construed to be an offer to compromise...
- 41.820 [Repealed by 1981 c.892 §98]
- 41.830 [Repealed by 1981 c.892 §98]
- 41.840 [Repealed by 1981 c.892 §98]
- 41.850 [Repealed by 1981 c.892 §98]
- 41.860 [Repealed by 1981 c.892 §98]
- 41.870 [Repealed by 1981 c.892 §98]
- 41.880 [Repealed by 1981 c.892 §98]
- 41.890 [Repealed by 1981 c.892 §98]
- 41.900 [Repealed by 1981 c.892 §98]
- 41.905 Admissibility of certain traffic offense procedures in subsequent civil action.
(1) A judgment of conviction or acquittal of a person charged with a traffic offense is not admissible in the trial of a subsequent civil...
- 41.910 Certain intercepted communications inadmissible.
Evidence of the contents of any wire or oral communication intercepted: (1) In violation of ORS 165.540 shall not be admissible in any court of...
- 41.915 [1973 c.263 §1; repealed by 1979 c.284 §199]
- 41.920 [1973 c.263 §2; repealed by 1979 c.284 §199]
- 41.925 [1973 c.263 §3; repealed by 1979 c.284 §199]
- 41.930 Admissibility of copies of original records.
The copy of the records described in ORCP 55 H or ORS 136.447 is admissible in evidence to the same extent as though the original...
- 41.935 [1973 c.263 §5; repealed by 1979 c.284 §199]
- 41.940 [1973 c.263 §§6,7; repealed by 1979 c.284 §199]
- 41.945 Application of ORS 41.930 and ORCP 55 H.
ORS 41.930 and ORCP 55 H apply in any proceedings in which testimony may be compelled. [1973 c.263 §8; 1979 c.284 §78]
- 41.950 [1971 c.331 §1; renumbered 18.500]
- 41.960 [1971 c.331 §2; renumbered 18.520]
- 41.970 [1971 c.331 §3; renumbered 18.530]
- 41.980 [1971 c.331 §4; repealed by 1981 c.892 §98]
