Oregon § 40.565 Rule 1004. Admissibility of other evidence of contents

Oregon Statutes

§ 40.565 — Rule 1004. Admissibility of other evidence of contents

Oregon § 40.565

Vol.1

Title 4Evidence and Witnesses

Ch. 40Evidence Code

This text of Oregon § 40.565 (Rule 1004. Admissibility of other evidence of contents) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 40.565 (2026).

Text

The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible when:

(1)All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;

(2)An original cannot be obtained by any available judicial process or procedure;

(3)At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or

(4)The writing, recording or photograph is not closely related to a controlling issue.

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The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible when:
(1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;
(2) An original cannot be obtained by any available judicial process or procedure;
(3) At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or
(4) The writing, recording or photograph is not closely related to a controlling issue.