Oregon Statutes 40.015 – Rule 101. Applicability of Oregon Evidence Code

(1) The Oregon Evidence Code applies to all courts in this state except for:

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Terms Used In Oregon Statutes 40.015

Arrest: Taking physical custody of a person by lawful authority.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

(a) A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS § 305.501;

(b) The small claims department of a circuit court as provided by ORS § 46.415; and

(2) The Oregon Evidence Code applies generally to civil actions, suits and proceedings, criminal actions and proceedings and to contempt proceedings except those in which the court may act summarily.

(3) ORS § 40.225 to 40.295 relating to privileges apply at all stages of all actions, suits and proceedings.

(4) ORS § 40.010 to 40.210 and 40.310 to 40.585 do not apply in the following situations:

(a) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under ORS § 40.030.

(b) Proceedings before grand juries, except as required by ORS § 132.320.

(d) Sentencing proceedings, except proceedings under ORS § 138.052 and 163.150, as required by ORS § 137.090 or proceedings under ORS § 136.765 to 136.785.

(e) Proceedings to revoke probation, except as required by ORS § 137.090.

(f) Proceedings conducted in a reentry court under section 29, chapter 649, Oregon Laws 2013.

(g) Issuance of warrants of arrest, bench warrants or search warrants.

(h) Proceedings under ORS Chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS § 135.173.

(i) Proceedings to determine proper disposition of a child in accordance with ORS § 419B.325 (2) and 419C.400 (4).

(j) Proceedings under ORS § 813.210, 813.215, 813.220, 813.230, 813.250 and 813.255 to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.

(k) Proceedings under ORS § 147.530 relating to victims’ rights, except for the provisions of ORS § 40.105 and 40.115. [1981 c.892 § 2; 1983 c.784 § 1; 1985 c.16 § 444; 1987 c.441 § 10; 1993 c.18 § 13; 1993 c.33 § 289; 1995 c.531 § 1; 1995 c.650 § 22; 1995 c.657 § 22; 1995 c.658 § 35; 1999 c.1055 § 11; 2005 c.345 § 2; 2005 c.463 § 8; 2005 c.463 § 13; 2005 c.843 § 25; 2007 c.16 § 2; 2009 c.178 § 23; 2013 c.649 § 32]

The amendments to 40.015 by section 37, chapter 649, Oregon Laws 2013, become operative July 1, 2033. See section 38, chapter 649, Oregon Laws 2013, as amended by section 25, chapter 78, Oregon Laws 2022, and section 6, chapter 572, Oregon Laws 2023. The text that is operative on and after July 1, 2033, is set forth for the user’s convenience.