# ORS § 40.135: 40.135 Rule 311. Presumptions > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.135 ## Section - **Citation:** ORS § 40.135 - **Heading:** 40.135 Rule 311. Presumptions - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 4 / Chapter 40 / Section 40.135 ## Text (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] Source: Section 40.135 — Rule 311. Presumptions , 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_S40.135. Check the current official text before relying on it. Not legal advice.