OEC 300s Flashcards
ORS 40.105
Rule 305. Allocation of the burden of persuasion
A party has the burden of persuasion as to each fact the existence or nonexistence of which the law declares essential to the claim for relief or defense the party is asserting. [1981 c.892 §14]
ORS 40.110
Rule 306. Instructions on the burden of persuasion
The court shall instruct the jury as to which party bears the applicable burden of persuasion on each issue only after all of the evidence in the case has been received. [1981 c.892 §15]
ORS 40.115
Rule 307. Allocation of the burden of producing evidence
(1) The burden of producing evidence as to a particular issue is on the party against whom a finding on the issue would be required in the absence of further evidence.
(2) The burden of producing evidence as to a particular issue is initially on the party with the burden of persuasion as to that issue. [1981 c.892 §16]
ORS 40.120
Rule 308. Presumptions in civil proceedings
In civil actions and proceedings, a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence. [1981 c.892 §17]
ORS 40.125
Rule 309. Presumptions in criminal proceedings
(1) The judge is not authorized to direct the jury to find a presumed fact against the accused.
(2) When the presumed fact establishes guilt or is an element of the offense or negates a defense, the judge may submit the question of guilt or the existence of the presumed fact to the jury only if:
(a) A reasonable juror on the evidence as a whole could find that the facts giving rise to the presumed fact have been established beyond a reasonable doubt; and
(b) The presumed fact follows more likely than not from the facts giving rise to the presumed fact. [1981 c.892 §18]
ORS 40.130
Rule 310. Conflicting presumptions
If presumptions are conflicting, the presumption applies that is founded upon weightier considerations of policy and logic. If considerations of policy and logic are of equal weight, neither presumption applies. [1981 c.892 §19]
ORS 40.135
Rule 311. Presumptions
(1) The following are presumptions:
(a) A person intends the ordinary consequences of a voluntary act.
(b) A person takes ordinary care of the person’s own concerns.
(c) Evidence willfully suppressed would be adverse to the party suppressing it.
(d) Money paid by one to another was due to the latter.
(e) A thing delivered by one to another belonged to the latter.
(f) An obligation delivered to the debtor has been paid.
(g) A person is the owner of property from exercising acts of ownership over it or from common reputation of the ownership of the person.
(h) A person in possession of an order on that person, for the payment of money or the delivery of a thing, has paid the money or delivered the thing accordingly.
(i) A person acting in a public office was regularly appointed to it.
(j) Official duty has been regularly performed.
(k) A court, or judge acting as such, whether in this state or any other state or country, was acting in the lawful exercise of the jurisdiction of the court.
(L) Private transactions have been fair and regular.
(m) The ordinary course of business has been followed.
(n) A promissory note or bill of exchange was given or indorsed for a sufficient consideration.
(o) An indorsement of a negotiable promissory note, or bill of exchange, was made at the time and place of making the note or bill.
(p) A writing is truly dated.
(q) A letter duly directed and mailed was received in the regular course of the mail.
(r) A person is the same person if the name is identical.
(s) A person not heard from in seven years is dead.
(t) Persons acting as copartners have entered into a contract of copartnership.
(u) Two individuals deporting themselves as legally married to each other have entered into a lawful contract of marriage.
(v) A child born in lawful wedlock is legitimate.
(w) A thing once proved to exist continues as long as is usual with things of that nature.
(x) The law has been obeyed.
(y) An uninterrupted adverse possession of real property for 20 years or more has been held pursuant to a written conveyance.
(z) A trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to the person, when such presumption is necessary to perfect the title of the person or the person’s successor in interest.
(2) A statute providing that a fact or a group of facts is prima facie evidence of another fact establishes a presumption within the meaning of this section. [1981 c.892 §20; 2016 c.46 §2]
