# ORS § 40.025: 40.025 Rule 103. Rulings on evidence

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.025

## Section

- **Citation:** ORS § 40.025
- **Heading:** 40.025 Rule 103. Rulings on evidence
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 4 / Chapter 40 / Section 40.025

## Text

(1) Evidential error is not presumed to be prejudicial. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and:

(a) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or

(b) In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.

(2) The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. It may direct the making of an offer in question and answer form.

(3) In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.

(4) Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court. [1981 c.892 §4]

Source: Section 40.025 — Rule 103. Rulings on evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 40.010 40.010 Rule 100. Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.010.md)
- [ORS § 40.015 40.015 Rule 101. Applicability of Oregon Evidence Code](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.015.md)
- [ORS § 40.020 40.020 Rule 102. Purpose and construction](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.020.md)
- [ORS § 40.025 40.025 Rule 103. Rulings on evidence](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.025.md)
- [ORS § 40.030 40.030 Rule 104. Preliminary questions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.030.md)
- [ORS § 40.035 40.035 Rule 105. Limited admissibility](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.035.md)
- [ORS § 40.040 40.040 Rule 106. When part of transaction proved, whole admissible](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.040.md)
- [ORS § 40.060 40.060 Rule 201(a). Scope](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.060.md)
- [ORS § 40.065 40.065 Rule 201(b). Kinds of facts](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.065.md)
- [ORS § 40.070 40.070 Rules 201(c) and 201(d). When mandatory or discretionary](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.070.md)
- [ORS § 40.075 40.075 Rule 201(e). Opportunity to be heard](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.075.md)
- [ORS § 40.080 40.080 Rule 201(f). Time of taking notice](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.080.md)
- [ORS § 40.085 40.085 Rule 201(g). Instructing the jury](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.085.md)
- [ORS § 40.090 40.090 Rule 202. Law that is judicially noticed](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.090.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.025. Check the current official text before relying on it. Not legal advice.