(a) "Confidential communication" means a communication by a spouse to the other spouse and not intended to be disclosed to any other person.
(b) "Marriage" means a marital relationship between two individuals, legally recognized under the laws of this state.
(c) "Spouse" means an individual in a marriage with another individual.
(2) In any civil or criminal action, a spouse has a privilege to refuse to disclose and to prevent the other spouse from disclosing any confidential communication made by one spouse to the other during the marriage. The privilege created by this subsection may be claimed by either spouse. The authority of the spouse to claim the privilege and the claiming of the privilege is presumed in the absence of evidence to the contrary.
(3) In any criminal proceeding, neither spouse, during the marriage, shall be examined adversely against the other as to any other matter occurring during the marriage unless the spouse called as a witness consents to testify.
(4) There is no privilege under this section:
(a) In all criminal actions in which one spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse;
(b) As to matters occurring prior to the marriage; or
(c) In any civil action where the spouses are adverse parties. [1981 c.892 §34; 1983 c.433 §1; 2016 c.46 §1]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
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 40.225 - Rule 503. Lawyer-client privilege.
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 40.290 - 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.