Evidence
Evidence tests the Oregon Evidence Code, ORS chapter 40, including relevance, character, impeachment, hearsay, privileges, expert testimony, and authentication. Oregon's rules are code-based, so cite the OEC article rather than the Federal Rules.
Core rules
- OEC 401 defines relevant evidence; OEC 403 permits exclusion for unfair prejudice, confusion, or waste of time.
- OEC 404 bars propensity character evidence but allows character when it is an element, and permits other-act evidence for purpose, intent, plan, identity, or absence of mistake.
- Hearsay is an out-of-court statement offered for its truth. OEC 803 lists exceptions available regardless of declarant availability; OEC 804 requires unavailability.
- Impeachment includes prior inconsistent statements, bias, conviction under OEC 609, and reputation for truthfulness under OEC 608.
Worked example
A victim tells an officer, ten minutes after a robbery and while shaking and crying, that the defendant took her purse. The statement is hearsay if offered for its truth. It fits OEC 803(2), excited utterance, because the startling event and stress are shown. It is not OEC 803(1), present sense impression, because ten minutes is not contemporaneous. If the victim testifies, the statement may also be used to impeach. Reasoning: identify the declarant, the truth purpose, then the exception.
Traps
Do not use FRE 403 language without OEC 403; do not admit prior consistent statements automatically; do not forget the Confrontation Clause for testimonial statements; do not treat expert testimony as a legal conclusion.