2021 Oregon Revised Statutes
Chapter 040 - Evidence Code
Section 40.015 - Rule 101. Applicability of Oregon Evidence Code.

(a) A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501;
(b) The small claims department of a circuit court as provided by ORS 46.415; and
(c) The small claims department of a justice court as provided by ORS 55.080.
(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 to 40.295 relating to privileges apply at all stages of all actions, suits and proceedings.
(4) ORS 40.010 to 40.210 and 40.310 to 40.585 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.
(b) Proceedings before grand juries, except as required by ORS 132.320.
(c) Proceedings for extradition, except as required by ORS 133.743 to 133.857.
(d) Sentencing proceedings, except proceedings under ORS 138.052 and 163.150, as required by ORS 137.090 or proceedings under ORS 136.765 to 136.785.
(e) Proceedings to revoke probation, except as required by ORS 137.090.
(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.
(i) Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (2) and 419C.400 (4).
(j) Proceedings under ORS 813.210, 813.215, 813.220, 813.230, 813.250 and 813.255 to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.
(k) Proceedings under ORS 147.530 relating to victims’ rights, except for the provisions of ORS 40.105 and 40.115. [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 by section 37, chapter 649, Oregon Laws 2013, become operative July 1, 2023. See section 38, chapter 649, Oregon Laws 2013. The text that is operative on and after July 1, 2023, is set forth for the user’s convenience. (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;
(b) The small claims department of a circuit court as provided by ORS 46.415; and
(c) The small claims department of a justice court as provided by ORS 55.080.
(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 to 40.295 relating to privileges apply at all stages of all actions, suits and proceedings.
(4) ORS 40.010 to 40.210 and 40.310 to 40.585 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.
(b) Proceedings before grand juries, except as required by ORS 132.320.
(c) Proceedings for extradition, except as required by ORS 133.743 to 133.857.
(d) Sentencing proceedings, except proceedings under ORS 138.052 and 163.150, as required by ORS 137.090 or proceedings under ORS 136.765 to 136.785.
(e) Proceedings to revoke probation, except as required by ORS 137.090.
(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.
(h) Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (2) and 419C.400 (4).
(i) Proceedings under ORS 813.210, 813.215, 813.220, 813.230, 813.250 and 813.255 to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.
(j) Proceedings under ORS 147.530 relating to victims’ rights, except for the provisions of ORS 40.105 and 40.115.

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