The copy of the records described in ORCP 55 H or ORS § 136.447 is admissible in evidence to the same extent as though the original thereof were offered and a custodian of hospital records had been present and testified to the matters stated in the affidavit. The affidavit is admissible as evidence of the matters stated therein. The matters stated therein are presumed to be true. The presumption established by this section is a presumption affecting the burden of producing evidence. [1973 c.263 § 4; 1979 c.284 § 77; 1995 c.196 § 4]

Terms Used In Oregon Statutes 41.930

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.

 

ORCP 55 was repealed and replaced by the Council on Court Procedures Amendments promulgated on December 8, 2018, and effective January 1, 2020. The text of 41.930 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 41.930 for the repeal of ORCP 55 has not been made. See the ORCP 55 Cross-Reference Chart available from the Council on Court Procedures.

 

[1973 c.263 § 5; repealed by 1979 c.284 § 199]

 

[1973 c.263 6,7; repealed by 1979 c.284 § 199]