2021 Oregon Revised Statutes
Chapter 040 - Evidence Code
Section 40.135 - Rule 311. 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]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 01 - Courts, Oregon Rules of Civil Procedure

Chapter 040 - Evidence Code

Section 40.015 - Rule 101. Applicability of Oregon Evidence Code.

Section 40.025 - Rule 103. Rulings on evidence.

Section 40.030 - Rule 104. Preliminary questions.

Section 40.065 - Rule 201(b). Kinds of facts.

Section 40.070 - Rules 201(c) and 201(d). When mandatory or discretionary.

Section 40.085 - Rule 201(g). Instructing the jury.

Section 40.090 - Rule 202. Law that is judicially noticed.

Section 40.115 - Rule 307. Allocation of the burden of producing evidence.

Section 40.125 - Rule 309. Presumptions in criminal proceedings.

Section 40.135 - Rule 311. Presumptions.

Section 40.170 - Rule 404. Character evidence; evidence of other crimes, wrongs or acts.

Section 40.172 - Rule 404-1. Pattern, practice or history of abuse; expert testimony.

Section 40.175 - Rule 405. Methods of proving character.

Section 40.180 - Rule 406. Habit; routine practice.

Section 40.190 - Rule 408. Compromise and offers to compromise.

Section 40.200 - Rule 410. Withdrawn plea or statement not admissible.

Section 40.205 - Rule 411. Liability insurance.

Section 40.210 - Rule 412. Sex offense cases; relevance of victim’s past behavior or manner of dress.

Section 40.211 - Rule 412-1. Evidence not admissible in civil proceeding involving sexual misconduct.

Section 40.225 - Rule 503. Lawyer-client privilege.

Section 40.227 - Rule 503-1. Right of client to communicate with lawyer; inadmissibility of evidence obtained or disclosed without client’s consent.

Section 40.230 - Rule 504. Psychotherapist-patient privilege.

Section 40.235 - Rule 504-1. Physician-patient privilege.

Section 40.245 - Rule 504-3. School employee-student privilege.

Section 40.250 - Rule 504-4. Regulated social worker-client privilege.

Section 40.252 - Rule 504-5. Communications revealing intent to commit certain crimes.

Section 40.255 - Rule 505. Spousal privilege.

Section 40.260 - Rule 506. Member of clergy-penitent privilege.

Section 40.262 - Rule 507. Counselor-client privilege.

Section 40.264 - Rule 507-1. Certified advocate-victim privilege.

Section 40.272 - Rule 509-1. Sign language interpreter privilege.

Section 40.273 - Rule 509-2. Non-English-speaking person-interpreter privilege.

Section 40.274 - Rule 509-3. Legislative branch offsite process counselor privilege.

Section 40.275 - Rule 510. Identity of informer.

Section 40.285 - Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege.

Section 40.290 - Rule 513. Comment upon or inference from claim of privilege.

Section 40.320 - Rule 603. Oath or affirmation.

Section 40.350 - Rule 608. Evidence of character and conduct of witness.

Section 40.355 - Rule 609. Impeachment by evidence of conviction of crime; exceptions.

Section 40.360 - Rule 609-1. Impeachment for bias or interest.

Section 40.370 - Rule 611. Mode and order of interrogation and presentation.

Section 40.380 - Rule 613. Prior statements of witnesses.

Section 40.385 - Rule 615. Exclusion of witnesses.

Section 40.405 - Rule 701. Opinion testimony by lay witnesses.

Section 40.450 - Rule 801. Definitions for ORS 40.450 to 40.475.

Section 40.460 - Rule 803. Hearsay exceptions; availability of declarant immaterial.

Section 40.465 - Rule 804. Hearsay exceptions when the declarant is unavailable.

Section 40.505 - Rule 901. Requirement of authentication or identification.

Section 40.510 - Rule 902. Self-authentication.

Section 40.550 - Rule 1001. Definitions for ORS 40.550 to 40.585.

Section 40.560 - Rule 1003. Admissibility of duplicates.

Section 40.562 - Rule 1003-1. Admissibility of reproduction.

Section 40.565 - Rule 1004. Admissibility of other evidence of contents.

Section 40.585 - Rule 1008. Functions of court and jury.