OEC 1000s Flashcards
ORS 40.550
Rule 1001. Definitions for ORS 40.550 to 40.585
As used in ORS 40.550 (Rule 1001. Definitions for ORS 40.550 to 40.585) to 40.585 (Rule 1008. Functions of court and jury), unless the context requires otherwise:
(1) “Duplicate” means a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, by mechanical or electronic re-recording, by chemical reproduction, by optical imaging or by other equivalent techniques that accurately reproduce the original, including reproduction by facsimile machines if the reproduction is identified as a facsimile and printed on nonthermal paper.
(2) “Original” of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original.”
(3) “Photographs” includes still photographs, X-ray films, video tapes and motion pictures.
(4)“Writings” and “recordings” mean letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, optical imaging, mechanical or electronic recording or other form of data compilation. [1981 c.892 §71; 1991 c.857 §1; 1995 c.760 §1]
ORS 40.555
Rule 1002. Requirement of original
To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in ORS 40.550 (Rule 1001. Definitions for ORS 40.550 to 40.585) to 40.585 (Rule 1008. Functions of court and jury) or other law. [1981 c.892 §72]
ORS 40.560
Rule 1003. Admissibility of duplicates
A duplicate is admissible to the same extent as an original unless:
(1) A genuine question is raised as to the authenticity of the original; or
(2) In the circumstances it would be unfair to admit the duplicate in lieu of the original. [1981 c.892 §73]
ORS 40.562
Rule 1003-1. Admissibility of reproduction
(1) If any business, institution or member of a profession or calling, in the regular course of business or activity, has kept or recorded any memorandum, writing, entry, print, representation or a combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, optical imaging or other process that accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity and the principal or true owner has not authorized destruction or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original.
(2) If any department or agency of government, in the regular course of business or activity, has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business, and in accordance with ORS 192.040 (Making, filing and recording records by photocopying) to 192.060 (Indexing and filing copied records) and 192.105 (State Archivist authorization for state officials to dispose of records), has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, optical imaging or other process that accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity and the principal or true owner has not authorized destruction or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original. [1995 c.760 §3]
ORS 40.565
Rule 1004. Admissibility of other evidence of contents
The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible when:
(1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;
(2) An original cannot be obtained by any available judicial process or procedure;
(3) At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or
(4) The writing, recording or photograph is not closely related to a controlling issue. [1981 c.892 §74]
ORS 40.570
Rule 1005. Public Records
The contents of an official record or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with ORS 40.510 (Rule 902. Self-authentication) or testified to be correct by a witness who has compared it with the original. If such a copy cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. [1981 c.892 §75; 1983 c.433 §3]
ORS 40.575
Rule 1006. Summaries
The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that they be produced in court. [1981 c.892 §76]
ORS 40.580
Rule 1007. Testimony or written admission of party
Contents of writings, recordings or photographs may be proved by the testimony or deposition of the party against whom offered or by the party’s written admission, without accounting for the nonproduction of the original. [1981 c.892 §77]
ORS 40.585
Rule 1008. Functions of court and jury
When the admissibility of other evidence of contents of writings, recordings or photographs under ORS 40.550 (Rule 1001. Definitions for ORS 40.550 to 40.585) to 40.585 (Rule 1008. Functions of court and jury) depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with ORS 40.030 (Rule 104. Preliminary questions). However, the issue is for the trier of fact to determine as in the case of other issues of fact when the issue raised is:
(1) Whether the asserted writing ever existed;
(2) Whether another writing, recording or photograph produced at the trial is the original; or
(3) Whether the other evidence of contents correctly reflects the contents. [1981 c.892 §78]
