2021 Oregon Revised Statutes
Chapter 040 - Evidence Code
Section 40.275 - Rule 510. Identity of informer.


(a) The federal government or any state or political subdivision thereof;
(b) A university that has commissioned police officers under ORS 352.121 or 353.125; or
(c) A tribal government as defined in ORS 181A.940, if the information referred to in this section relates to or assists in an investigation conducted by an authorized tribal police officer as defined in ORS 181A.680.
(2) A unit of government has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of law to a law enforcement officer or member of a legislative committee or its staff conducting an investigation.
(3) The privilege created by this section may be claimed by an appropriate representative of the unit of government if the information was furnished to an officer thereof.
(4) No privilege exists under this section:
(a) If the identity of the informer or the informer’s interest in the subject matter of the communication has been disclosed to those who would have cause to resent the communication by a holder of the privilege or by the informer’s own action, or if the informer appears as a witness for the unit of government.
(b) If it appears from the evidence in the case or from other showing by a party that an informer may be able to give testimony necessary to a fair determination of the issue of guilt or innocence in a criminal case or of a material issue on the merits in a civil case to which the unit of government is a party, and the unit of government invokes the privilege, and the judge gives the unit of government an opportunity to show in camera facts relevant to determining whether the informer can, in fact, supply that testimony. The showing will ordinarily be in the form of affidavits, but the judge may direct that testimony be taken if the judge finds that the matter cannot be resolved satisfactorily upon affidavit. If the judge finds that there is a reasonable probability that the informer can give the testimony, and the unit of government elects not to disclose identity of the informer, the judge on motion of the defendant in a criminal case shall dismiss the charges to which the testimony would relate, and the judge may do so on the judge’s own motion. In civil cases, the judge may make any order that justice requires. Evidence submitted to the judge shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the unit of government. All counsel and parties shall be permitted to be present at every stage of proceedings under this paragraph except a showing in camera, at which no counsel or party shall be permitted to be present.
(c) If information from an informer is relied upon to establish the legality of the means by which evidence was obtained and the judge is not satisfied that the information was received from an informer reasonably believed to be reliable or credible. The judge may require the identity of the informer to be disclosed. The judge shall, on request of the unit of government, direct that the disclosure be made in camera. All counsel and parties concerned with the issue of legality shall be permitted to be present at every stage of proceedings under this paragraph except a disclosure in camera, at which no counsel or party shall be permitted to be present. If disclosure of the identity of the informer is made in camera, the record thereof shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the unit of government. [1981 c.892 §38; 2011 c.506 §2; 2011 c.644 §§10,37; 2013 c.180 §§2,3; 2015 c.174 §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.