Oregon Statute | Act | Code |Title 03 Remedies And Special Actions And Proceedings| US Code - US Statute

The effect of a
judgment, decree or final order in an action, suit or proceeding before a
court or judge of this state or of the United States, having jurisdiction
is as follows:

(1) In case of a judgment, decree or order against a specific thing
or in respect to the probate of a will or the administration of the
estate of a deceased person or in respect to the personal, political, or
legal condition or relation of a particular person, the judgment, decree
or order is conclusive upon the title to the thing, the will or
administration, or the condition or relation of the person.

(2) In other cases, the judgment, decree or order is, in respect to
the matter directly determined, conclusive between the parties, their
representatives and their successors in interest by title subsequent to
the commencement of the action, suit or proceeding, litigating for the
same thing, under the same title and in the same capacity. A
judicial order, other than a judgment, decree or final order, in an
action, suit or proceeding before a court or judge of this state or of
the United States creates a disputable presumption concerning the matter
directly determined between the same parties, their representatives and
their successors in interest by title subsequent to the commencement of
the action, suit or proceeding, litigating for the same thing, under the
same title and in the same capacity. The parties are the same when those
between whom the evidence is offered were adverse in the former case, and
a judgment, decree or other determination could have been made between
them alone, though other parties were joined. That only is determined
by a former judgment, decree or order which appears upon its face to have
been so determined or which was actually and necessarily included therein
or necessary thereto. Whenever,
pursuant to ORS 43.130 to 43.160, a party is bound by a record, and
stands in the relation of surety for another, the latter is also bound
from the time that the latter has notice of the action, suit or
proceeding and a request from the surety to defend against it. The effect
of a judicial record of a sister state, the District of Columbia or a
territory of the United States is the same in this state as in the place
where it was made, except:

(1) It can be enforced in this state only by an action, suit or
proceeding; and

(2) The authority of a guardian, conservator, committee, executor
or administrator does not extend beyond the jurisdiction of the
government under which the guardian, conservator, committee, executor or
administrator is invested with authority. [Amended by 1973 c.823 §90;
2005 c.22 §33] The
effect of a judicial record of a court of admiralty of a foreign country
is the same as if it were the record of a court of admiralty of the
United States.

Any judicial record may be
impeached and the presumption arising therefrom overcome by evidence of a
want of jurisdiction, collusion between the parties, or fraud in the
party offering the record. The jurisdiction sufficient to sustain a
record is jurisdiction over the cause, over the parties and, when a
specific thing is the subject of the determination, over the thing.Relevant official records and files of the Departments of the
Army, Navy and Air Force of the United States shall be accorded prima
facie probative value in evidence before any court or agency in which
there is an issue of fact as to the death or disappearance of any person
while serving in or with the Armed Forces of the United States.

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