Oregon Statutes 135.855 – Material and information not subject to discovery
(1) The following material and information shall not be subject to discovery under ORS § 135.805 to 135.873:
Terms Used In Oregon Statutes 135.855
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Work product, legal research, records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of the attorneys, peace officers or their agents in connection with the investigation, prosecution or defense of a criminal action.
(b) The identity of a confidential informant where the identity of the informant is a prosecution secret and a failure to disclose will not infringe the constitutional rights of the defendant. Except as provided in ORS § 135.873, disclosure shall not be denied hereunder of the identity of witnesses to be produced at trial.
(c) Transcripts, recordings or memoranda of testimony of witnesses before the grand jury, except transcripts or recordings of statements made by the defendant.
(d) Schematics, source codes or software of an instrument that was used to test a person‘s breath, blood or urine to determine the alcoholic content of the person’s blood that are not in the actual possession or control of the state.
(2) When some parts of certain material are discoverable under ORS § 135.805 to 135.873 or 135.970, and other parts not discoverable, as much of the material shall be disclosed as is consistent with the provisions thereof. [1973 c.836 § 218; 1999 c.304 § 5; 2007 c.581 § 2]