OEC 900s Flashcards
ORS 40.505
Rule 901. Requirement of authentication or identification
(1) The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
(2) By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of subsection (1) of this section:
(a) Testimony by a witness with
knowledge that a matter is what
it is claimed to be.
(b) Nonexpert opinion as to the
genuineness of handwriting,
based upon familiarity not
acquired for purposes of the
litigation.
(c) Comparison by the trier of
fact or by expert witnesses with
specimens which have been
authenticated.
(d) Appearance, contents,
substance, internal patterns or
other distinctive characteristics,
taken in conjunction with
circumstances.
(e) Identification of a voice,
whether heard firsthand or
through mechanical or electronic
transmission or recording, by
opinion based upon hearing the
voice at any time under
circumstances connecting it with
the alleged speaker.
(f) Telephone conversations, by
evidence that a call was made to
the number assigned at the time
by the telephone company to a
particular person or business, if:
(A) In the case of a person,
circumstances, including self-
identification, show the
person answering to be the
one called; or
(B) In the case of a business,
the call was made to a place of
business and the conversation
related to business reasonably
transacted over the
telephone.
(g) Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.
(h) Evidence that a document or data compilation, in any form:
(A) Is in such condition as to create no suspicion concerning its authenticity;
(B) Was in a place where it, if authentic, would likely be; and
(C) Has been in existence 20 years or more at the time it is offered.
(i) Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.
(j) Any method of authentication or identification otherwise provided by law or by other rules prescribed by the Supreme Court. [1981 c.892 §68]
ORS 40.510
Rule 902. Self-authentication
(1) Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(a) A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.
(b) A document purporting to bear the signature, in an official capacity, of an officer or employee of any entity included in subsection (1)(a) of this section, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.
(c) A document purporting to be:
(A) Executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation; and
(B) Accompanied by a final certification as provided in subsection (3) of this section as to the genuineness of the signature and official position of:
(i) The executing or attesting person; or
(ii) Any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation.
(d) A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with subsection (1)(a), (b) or (c) of this section or otherwise complying with any law or rule prescribed by the Supreme Court.
(e) Books, pamphlets or other publications purporting to be issued by public authority.
(f) Printed materials purporting to be newspapers or periodicals.
(g) Inscriptions, signs, tags or labels purporting to have been affixed in the course of business and indicating ownership, control or origin.
(h) Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.
(i)Commercial paper, signatures thereon and documents relating thereto to the extent provided by the Uniform Commercial Code or ORS chapter 83.
(j) Any signature, documents or other matter declared by law to be presumptively or prima facie genuine or authentic.
(k) Intentionally left blank —Ed.
(A) A document bearing a seal purporting to be that of a federally recognized Indian tribal government or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.
(B) A document purporting to bear the signature, in an official capacity, of an officer or employee of any entity included in subparagraph (A) of this paragraph, having no seal, if a public officer having a seal and having official duties in the district or political subdivision or the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.
(L) Intentionally left blank —Ed.
(A) Any document containing data prepared or recorded by the Oregon State Police pursuant to ORS 813.160 (Methods of conducting chemical analyses) (1)(b)(C) or (E), or pursuant to ORS 475.235 (Burden of proof) (4), if the document is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police, and the person retrieving the data attests that the information was retrieved directly from the system and that the document accurately reflects the data retrieved.
(B) Any document containing data prepared or recorded by the Oregon State Police that is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police and that is electronically transmitted through public or private computer networks under an electronic signature adopted by the Oregon State Police if the person receiving the data attests that the document accurately reflects the data received.
(m) A report prepared by a forensic scientist that contains the results of a presumptive test conducted by the forensic scientist as described in ORS 475.235 (Burden of proof), if the forensic scientist attests that the report accurately reflects the results of the presumptive test.
(2) For the purposes of this section, “signature” includes any symbol executed or adopted by a party with present intention to authenticate a writing.
(3) A final certification for purposes of subsection (1)(c) of this section may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification. [1981 c.892 §69; 1995 c.200 §2; 1999 c.674 §2; 2001 c.104 §12; 2003 c.14 §21; 2003 c.538 §3; 2005 c.22 §31; 2005 c.118 §4; 2007 c.636 §4; 2009 c.610 §10]
ORS 40.515
Rule 903. Subscribing witness’ testimony unnecessary
The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing. [1981 c.892 §70]
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