Oregon Mock Trial Rules

West

OR · Capital: Salem

Evidence Rules

Oregon Evidence Code

Citation: OEC / ORS §§ 40.010–40.585

Key Differences from Federal Rules of Evidence

Oregon codified its evidence rules by statute (Oregon Evidence Code, ORS Ch. 40) rather than as court rules, giving the legislature direct authority over evidence law
OEC 702 (ORS 40.410) applies a modified relevance-reliability standard; Oregon rejected Daubert in State v. Brown (2013) and relies on its own framework from State v. O'Key
OEC 404(3) (ORS 40.170) allows other-acts evidence in criminal cases only if the proponent demonstrates the evidence is independently relevant by clear and convincing evidence

Notable Rules

Rule	Description
OEC 504-1 to 504-4 (ORS 40.225–40.240)	Oregon provides a comprehensive psychotherapist-patient privilege and a separate physician-patient privilege, both broader than the federal approach
OEC 803(18a) (ORS 40.460(18a))	Oregon's child abuse hearsay exception allows statements by children under 12 about sexual or physical abuse if the court finds adequate indicia of reliability
OEC 412 (ORS 40.210)	Oregon's rape shield law bars evidence of victim's past sexual behavior with limited exceptions requiring in camera hearing and constitutional necessity

Trial Procedure

Civil Procedure

Oregon R. Civ. P. (ORCP)

Criminal Procedure

ORS Title 14 (Crim. Procedure)

Key Features

Oregon uses fact pleading rather than notice pleading; complaints must state ultimate facts constituting the claim under ORCP 18
Oregon provides a right to speedy trial within a reasonable time; no fixed statutory deadline exists, though administrative rules set benchmarks
Oregon permits non-unanimous verdicts in civil cases (5 of 6 jurors) under the Oregon Constitution Art. VII (Amended), § 5

Jury Rules

Civil Jury Size

Criminal Jury Size

Unanimity Required

Civil juries consist of 6 jurors; verdicts require only 5 of 6 concurrence (non-unanimous)
Criminal felony juries consist of 12 jurors; since Ramos v. Louisiana (2020), unanimous verdicts are required for criminal convictions
Oregon historically allowed 10-2 criminal verdicts, but this was overturned by the U.S. Supreme Court in Ramos (2020)

Special Features

Non-Unanimous Civil Verdicts

Oregon permits 5/6 non-unanimous verdicts in civil cases, one of the few states allowing less-than-unanimous civil jury decisions.

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