Oregon Statutes 40.585 – Rule 1008. Functions of court and jury
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When the admissibility of other evidence of contents of writings, recordings or photographs under ORS § 40.550 to 40.585 depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with ORS § 40.030. However, the issue is for the trier of fact to determine as in the case of other issues of fact when the issue raised is:
Terms Used In Oregon Statutes 40.585
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Whether the asserted writing ever existed;
(2) Whether another writing, recording or photograph produced at the trial is the original; or
(3) Whether the other evidence of contents correctly reflects the contents. [1981 c.892 § 78]