40.015 Rule 101. Applicability of Oregon Evidence Code

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

(a) A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501 (Appeals to tax court to be heard by magistrate division) ;

(b) The small claims department of a circuit court as provided by ORS 46.415 (Circuit judges to sit in department) ; and

(c) The small claims department of a justice court as provided by ORS 55.080 (Formal pleadings unnecessary) .

(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 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) relating to privileges apply at all stages of all actions, suits and proceedings.

(4) ORS 40.010 (Rule 100. Short title) to 40.210 (Rule 412. Sex offense cases) and 40.310 (Rule 601. General rule of competency) to 40.585 (Rule 1008. Functions of court and jury) 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 (Rule 104. Preliminary questions) .

(b) Proceedings before grand juries, except as required by ORS 132.320 (Consideration of evidence) .

(c) Proceedings for extradition, except as required by ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) .

(d) Sentencing proceedings, except proceedings under ORS 138.052 (Appeal from judgment of conviction and sentence of death) and 163.150 (Sentencing for aggravated murder) , as required by ORS 137.090 (Considerations in determining aggravation or mitigation) or proceedings under ORS 136.765 (Notice to defendant) to 136.785 (Burden of proof) .

(e) Proceedings to revoke probation, except as required by ORS 137.090 (Considerations in determining aggravation or mitigation) .

(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 (Oregon Evidence Code to apply in preliminary hearings) .

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

(j) Proceedings under ORS 813.210 (Petition) , 813.215 (Eligibility for diversion) , 813.220 (Matters to be considered by court in determining to allow diversion agreement) , 813.230 (Diversion agreement) , 813.250 (Motion to dismiss charge on completion of diversion) and 813.255 (Termination of diversion) to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.

0 (Petition) , 813.215 (Eligibility for diversion) , 813.220 (Matters to be considered by court in determining to allow diversion agreement) , 813.230 (Diversion agreement) , 813.250 (Motion to dismiss charge on completion of diversion) and 813.255 (Termination of diversion) to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.

(k) Proceedings under ORS 147.530 (Hearing on claim, response or motion) relating to victims’ rights, except for the provisions of ORS 40.105 (Rule 305. Allocation of the burden of persuasion) and 40.115 (Rule 307. Allocation of the burden of producing evidence) . [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]

Note: The amendments to 40.015 (Rule 101. Applicability of Oregon Evidence Code) 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.

40.015 (Rule 101. Applicability of Oregon Evidence Code) . (1) The Oregon Evidence Code applies to all courts in this state except for:

(a) A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501 (Appeals to tax court to be heard by magistrate division) ;

(b) The small claims department of a circuit court as provided by ORS 46.415 (Circuit judges to sit in department) ; and

(c) The small claims department of a justice court as provided by ORS 55.080 (Formal pleadings unnecessary) .

(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 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) relating to privileges apply at all stages of all actions, suits and proceedings.

(4) ORS 40.010 (Rule 100. Short title) to 40.210 (Rule 412. Sex offense cases) and 40.310 (Rule 601. General rule of competency) to 40.585 (Rule 1008. Functions of court and jury) 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 (Rule 104. Preliminary questions) .

(b) Proceedings before grand juries, except as required by ORS 132.320 (Consideration of evidence) .

(c) Proceedings for extradition, except as required by ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) .

(d) Sentencing proceedings, except proceedings under ORS 138.052 (Appeal from judgment of conviction and sentence of death) and 163.150 (Sentencing for aggravated murder) , as required by ORS 137.090 (Considerations in determining aggravation or mitigation) or proceedings under ORS 136.765 (Notice to defendant) to 136.785 (Burden of proof) .

(e) Proceedings to revoke probation, except as required by ORS 137.090 (Considerations in determining aggravation or mitigation) .

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

(g) Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173 (Oregon Evidence Code to apply in preliminary hearings) .

(h) Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (Disposition required) (2) and 419C.400 (Conduct of hearings) (4).

h warrants.

(g) Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173 (Oregon Evidence Code to apply in preliminary hearings) .

(h) Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (Disposition required) (2) and 419C.400 (Conduct of hearings) (4).

(i) Proceedings under ORS 813.210 (Petition) , 813.215 (Eligibility for diversion) , 813.220 (Matters to be considered by court in determining to allow diversion agreement) , 813.230 (Diversion agreement) , 813.250 (Motion to dismiss charge on completion of diversion) and 813.255 (Termination of diversion) to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.

(j) Proceedings under ORS 147.530 (Hearing on claim, response or motion) relating to victims’ rights, except for the provisions of ORS 40.105 (Rule 305. Allocation of the burden of persuasion) and 40.115 (Rule 307. Allocation of the burden of producing evidence) .

Source: Section 40.015 — Rule 101. Applicability of Oregon Evidence Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).