USA Statutes : oregon
Title : TITLE 03 REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
Chapter : Chapter 41 Evidence Generally
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 of evidence, the
establishment of the fact by evidence.
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 is
insufficient evidence. (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 of
an act, contract or instrument when such true character is not otherwise
plain, but usage is never admissible except as a means of interpretation.
[Amended by 1981 c.892 §86]
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 show the general appearance and condition of the victim while
alive. [1987 c.2 §8] 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] Certain evidence is necessary to the
validity of particular acts or the proof of particular facts. 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. [Amended by 1969 c.591 §271] 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, or some
memorandum thereof, be in writing, and either subscribed by or in the
handwriting of the party to be charged. 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 subscribed by the party
making it or by the lawfully authorized agent of the party. 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 authority of the
sender, shall be held to be in writing. (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 by the party to be charged,
or by the lawfully authorized agent of the party; evidence, therefore, of
the agreement shall not be received other than the writing, or secondary
evidence of its contents in the cases prescribed by law:
(a) An agreement that by its terms is not to be performed within a
year from the making.
(b) An agreement to answer for the debt, default or miscarriage of
another.
(c) An agreement by an executor or administrator to pay the debts
of the testator or intestate out of the estate of the executor or
administrator.
(d) An agreement made upon consideration of marriage, other than a
mutual promise to marry.
(e) An agreement for the leasing for a longer period than one year,
or for the sale of real property, or of any interest therein.
(f) An agreement concerning real property made by an agent of the
party sought to be charged unless the authority of the agent is in
writing.
(g) An agreement authorizing or employing an agent or broker to
sell or purchase real estate for a compensation or commission; but if the
note or memorandum of the agreement is in writing and subscribed by the
party to be charged, or by the lawfully authorized agent of the party,
and contains a description of the property sufficient for identification,
and authorizes or employs the agent or broker to sell the property, and
expresses with reasonable certainty the amount of the commission or
compensation to be paid, the agreement shall not be void for failure to
state a consideration.
(h) An agreement, promise or commitment to lend money, to otherwise
extend credit, to forbear with respect to the repayment of any debt
payable in money, to modify or amend the terms under which the person has
lent money or otherwise extended credit, to release any guarantor or
cosigner or to make any other financial accommodation pertaining to an
existing debt or other extension of credit. This paragraph does not apply:
(A) If no party to the agreement, promise or commitment is a
financial institution as defined in ORS 706.008, a consumer finance
company licensed under ORS chapter 725 or a mortgage banker as defined in
ORS 59.840; or
(B) To a loan of money or extension of credit to a natural person
which is primarily for personal, family or household purposes and not for
business or agricultural purposes or which is secured solely by
residential property consisting of one to four dwelling units, one of
which is the primary residence of the debtor.
(2)(a) Except as provided in this subsection, defenses and
exceptions created by provisions of the Oregon Revised Statutes or
recognized by the courts of this state do not apply to subsection (1)(h)
of this section.
(b) An agreement, promise or commitment which does not satisfy the
requirements of subsection (1)(h) of this section, but which is valid in
other respects, is enforceable if the party against whom enforcement is
sought admits in the party’s pleading, testimony or otherwise in court
that the agreement, promise or commitment was made. The agreement is not
enforceable under this paragraph beyond the dollar amount admitted.
(c) Nothing in subsection (1)(h) of this section precludes a party
from seeking to prove the modification of any term relating to the time
of repayment.
(3)(a) If a financial institution as defined in ORS 706.008, a
consumer finance company licensed under ORS chapter 725 or a mortgage
banker as defined in ORS 59.840 lends money or extends credit, and
subsection (1)(h) of this section applies to the loan or extension of
credit, the financial institution, consumer finance company or mortgage
banker shall, not later than the time the loan or extension of credit is
initially made, include within the loan or credit document, or within a
separate document which identifies the loan or extension of credit, a
statement which is underlined or in at least 10-point bold type and which
is substantially to the following effect:
___________________________________________________________________________
___
Under Oregon law, most agreements, promises and commitments made by
us concerning loans and other credit extensions which are not for
personal, family or household purposes or secured solely by the
borrower’s residence must be in writing, express consideration and be
signed by us to be enforceable.
___________________________________________________________________________
___
(b) The financial institution, consumer finance company or mortgage
banker shall obtain the borrower’s signature on the original document
described in paragraph (a) of this subsection and shall give the borrower
a copy. [Amended by 1989 c.967 §§1,19; 1993 c.508 §39; 1997 c.631 §373;
2003 c.386 §1]
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, or to
make an item in the sum of the evidence, the object may be exhibited to
the jury, or its existence, situation and character may be proved by
witnesses. The exhibition of the object to the jury shall be regulated by
the sound discretion of the court.
(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 licensed under ORS chapter 441, medical staff committees of the
Department of Corrections and similar committees of professional
societies, a health care service contractor as defined in ORS 750.005, an
emergency medical service provider as defined in ORS 41.685 or any other
medical group or provider of medical services in connection with bona
fide medical research, quality assurance, utilization review,
credentialing, education, training, supervision or discipline of
physicians or other health care providers or in connection with the
grant, denial, restriction or termination of clinical privileges at a
health care facility. “Peer review body” also includes utilization review
and peer review organizations.
(2) As used in subsection (3) of this section, “data” means all
oral communications or written reports to a peer review body, and all
notes or records created by or at the direction of a peer review body,
including the communications, reports, notes or records created in the
course of an investigation undertaken at the direction of a peer review
body.
(3) All data shall be privileged and shall not be admissible in
evidence in any judicial, administrative, arbitration or mediation
proceeding. This section shall not affect the admissibility in evidence
of records dealing with a patient’s care and treatment, other than data
or information obtained through service on, or as an agent for, a peer
review body.
(4) A person serving on or communicating information to any peer
review body or person conducting an investigation described in subsection
(1) of this section shall not be examined as to any communication to or
from, or the findings of, that peer review body or person.
(5) A person serving on or communicating information to any peer
review body or person conducting an investigation described in subsection
(1) of this section shall not be subject to an action for civil damages
for affirmative actions taken or statements made in good faith.
(6) Subsection (3) of this section shall not apply to proceedings
in which a health care practitioner contests the denial, restriction or
termination of clinical privileges by a health care facility or the
denial, restriction or termination of membership in a professional
society or any other health care group. However, any data disclosed in
those proceedings shall not be admissible in any other judicial,
administrative, arbitration or mediation proceeding. [1963 c.181 §1; 1971
c.412 §1; 1975 c.796 §11; 1977 c.448 §9; 1981 c.806 §1; 1991 c.225 §1;
1995 c.485 §1; 1997 c.791 §6; 1997 c.792 §§29,29a](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 judicial proceeding except as provided under ORS 676.175.
However, nothing in this section affects the admissibility in evidence of
a party’s medical records dealing with a party’s medical care.
(2) On request, an emergency medical service provider shall submit
data not subject to ORS 676.175 to any committee or governing body of the
county, counties or state as provided for by state or county
administrative rule.
(3) A person serving on or communicating information to any
governing body or committee shall not be examined as to any communication
to that body or committee or the findings thereof.
(4) A person serving on or communicating information to any
governing body or committee shall not be subject to an action for civil
damages for affirmative actions taken or statements made in good faith.
(5) As used in this section:
(a) “Committee or governing body” means any committee or governing
body that has authority to undertake an evaluation of an emergency
medical services system as part of a quality assurance program and
includes any committee of an emergency medical service provider
undertaking a quality assurance program.
(b) “Data” means all oral communications or written reports, notes
or records provided to, or prepared by or for, a committee or governing
body that are part of an evaluation of an emergency medical services
system and includes any information submitted by any health care provider
relating to training, supervision, performance evaluation or professional
competency.
(c) “Emergency medical service provider” means any public, private
or volunteer entity providing prehospital functions and services that are
required to prepare for and respond to medical emergencies including
rescue, ambulance, treatment, communication and evaluation.
(d) “Emergency medical services system” means those prehospital
functions and services that are required to prepare for and respond to
medical emergencies, including rescue, ambulance, treatment,
communication and evaluation. [1989 c.1079 §1; 1997 c.791 §7; 1997 c.792
§30] 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 therefore there can be, between the
parties and their representatives or successors in interest, no evidence
of the terms of the agreement, other than the contents of the writing,
except where a mistake or imperfection of the writing is put in issue by
the pleadings or where the validity of the agreement is the fact in
dispute. However this section does not exclude other evidence of the
circumstances under which the agreement was made, or to which it relates,
as defined in ORS 42.220, or to explain an ambiguity, intrinsic or
extrinsic, or to establish illegality or fraud. The term “agreement”
includes deeds and wills as well as contracts between parties.
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 and shall be inadmissible as evidence. Such attempts to comply
with a demand shall not be considered an admission of engaging in the act
or practice alleged to be unlawful nor of the unlawfulness of that act.
Evidence of compliance or attempts to comply with the provisions of ORCP
32 I may be introduced by a defendant for the purpose of establishing
good faith or to show compliance with the provisions of ORCP 32 I.
[Formerly 13.310; 1981 c.912 §3]
(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 action arising out of the same accident or occurrence to
prove or negate the facts upon which such judgment was rendered.
(2) A plea of guilty by a person to a traffic offense may be
admitted as evidence in the trial of a subsequent civil action arising
out of the same accident or occurrence as an admission of the person
entering the plea, and for no other purpose.
(3) Evidence that a person has entered a plea of no contest in the
manner described in ORS 153.061 (2)(b) to a charge of a traffic offense
shall not be admitted as evidence in the trial of a subsequent civil
action arising out of the same accident or occurrence. [1975 c.542 §1;
1981 c.892 §87; 1999 c.1051 §242] 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 this state, except as evidence of unlawful interception.
(2) Under ORS 165.540 (2)(a) shall not be admissible in any court
of this state unless:
(a) The communication was intercepted by a public official in
charge of and at a jail, police premises, sheriff’s office, Department of
Corrections institution or other penal or correctional institution; and
(b) The participant in the communication, against whom the evidence
is being offered, had actual notice that the communication was being
monitored or recorded. [1955 c.675 §6; 1959 c.681 §5; 1979 c.716 §12;
1983 c.824 §4; 1993 c.178 §1; 2001 c.385 §5] 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 thereof were offered and a
custodian of hospital records had been present and testified to the
matters stated in the affidavit. The affidavit is admissible as evidence
of the matters stated therein. The matters stated therein are presumed to
be true. The presumption established by this section is a presumption
affecting the burden of producing evidence. [1973 c.263 §4; 1979 c.284
§77; 1995 c.196 §4]
