State v. Benjamin

556 P.2d 558, 30 Or. App. 195, 1977 Ore. App. LEXIS 1533

• Court: Court of Appeals of Oregon
• Decided: July 18, 1977
• Docket: No. F83334, CA 8125
• Status: Published

Opinion

PER CURIAM.

The question presented is:

"Whether a transcript from the judicial record of a justice court of a sister state may be primary evidence of facts stated where there is not attached to the transcript a certificate of the clerk of the county, having official cognizance of the fact, under the seal of his office, that the person certifying the transcript was on that date a justice of the peace in the county and the signature is genuine, as required by ORS 43.210.”¹

As the state concedes, the answer is "no.”

Reversed and remanded.

1 "A transcript from the record or docket of a justice of the peace of a sister state, the District of Columbia or a territory of the United States, of a judgment given by him, and of the proceedings in the matter before and after judgment is primary evidence of the facts stated if there is attached to the transcript:

"(1) A certificate of the justice having legal custody of the record, that the transcript is complete and correct and the justice who gave the judgment had jurisdiction; and

"(2) A certificate of the clerk of the comity, having official cognizance of the fact, under the seal of his office, that the person certifying the transcript was on that date a justice of the peace in the county and the signature is genuine.” ORS 43.210.