OEC 200s

Question 1

ORS 40.060
Rule 201(a). Scope

Answer 1

ORS 40.060 (Rule 201(a). Scope) to 40.085 (Rule 201(g). Instructing the jury) govern judicial notice of adjudicative facts. ORS 40.090 (Rule 202. Law that is judicially noticed) governs judicial notice of law. [1981 c.892 §7]

Question 2

ORS 40.065
Rule 201(b). Kinds of facts

Answer 2

A judicially noticed fact must be one not subject to reasonable dispute in that it is either:

(1) Generally known within the territorial jurisdiction of the trial court; or

(2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. [1981 c.892 §8]

Question 3

ORS 40.070
Rules 201(c) and 201(d). When mandatory or discretionary

Answer 3

(1) A court may take judicial notice, whether requested or not.

(2) A court shall take judicial notice if requested by a party and supplied with the necessary information. [1981 c.892 §9]

Question 4

ORS 40.075
Rule 201(e). Opportunity to be heard

Answer 4

A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. [1981 c.892 §10]

Question 5

ORS 40.080
Rule 201(f). Time of taking notice

Answer 5

Judicial notice may be taken at any stage of the proceeding. [1981 c.892 §11]

Question 6

ORS 40.085
Rule 201(g). Instructing the jury

Answer 6

(1) In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact or law judicially noticed.

(2) In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed in favor of the prosecution. [1981 c.892 §12]

Question 7

ORS 40.090
Rule 202. Law that is judicially noticed

Answer 7

Law judicially noticed is defined as:

(1) The decisional, constitutional and public statutory law of Oregon, the United States, any federally recognized American Indian tribal government and any state, territory or other jurisdiction of the United States.

(2) Public and private official acts of the legislative, executive and judicial departments of this state, the United States, any federally recognized American Indian tribal government and any other state, territory or other jurisdiction of the United States.

(3) Rules of professional conduct for members of the Oregon State Bar.

(4) Regulations, ordinances and similar legislative enactments issued by or under the authority of the United States, any federally recognized American Indian tribal government or any state, territory or possession of the United States.

(5) Rules of court of any court of this state or any court of record of the United States, of any federally recognized American Indian tribal government or of any state, territory or other jurisdiction of the United States.

(6) The law of an organization of nations and of foreign nations and public entities in foreign nations.

(7) An ordinance, comprehensive plan or enactment of any county or incorporated city in this state, or a right derived therefrom. As used in this subsection, “comprehensive plan” has the meaning given that term by ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325). [1981 c.892 §13; 2007 c.63 §1]

BURDEN OF PERSUASION; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS