Chapter 43 — Public
Writings
2011 EDITION
PUBLIC WRITINGS
EVIDENCE AND WITNESSES
43.130 Judicial
orders that are conclusive
43.140 Judicial
orders that create a disputable presumption
43.150 When
parties the same
43.160 What
determined by former judgment
43.170 Effect
on principal of judgment against surety
43.180 Effect
of judicial record of other jurisdictions
43.200 Effect
of judicial record of foreign admiralty court
43.220 Impeachment
of judicial record
43.450 Official
records and files of United States Army, Navy and Air Force
43.010
[Repealed by 1981 c.892 §98]
43.020
[Repealed by 1981 c.892 §98]
43.030
[Repealed by 1981 c.892 §98]
43.040
[Repealed by 1981 c.892 §98]
43.050
[Repealed by 1981 c.892 §98]
43.060
[Repealed by 1981 c.892 §98]
43.070
[Repealed by 1981 c.892 §98]
43.080
[Repealed by 1981 c.892 §98]
43.110
[Repealed by 1981 c.892 §98]
43.120
[Repealed by 1981 c.892 §98]
43.130 Judicial orders that are
conclusive. The effect of a judgment, decree or
final order in an action, suit or proceeding before a court or judge of this
state or of the United States, having jurisdiction is as follows:
(1)
In case of a judgment, decree or order against a specific thing or in respect
to the probate of a will or the administration of the estate of a deceased
person or in respect to the personal, political, or legal condition or relation
of a particular person, the judgment, decree or order is conclusive upon the
title to the thing, the will or administration, or the condition or relation of
the person.
(2)
In other cases, the judgment, decree or order is, in respect to the matter
directly determined, conclusive between the parties, their representatives and
their successors in interest by title subsequent to the commencement of the
action, suit or proceeding, litigating for the same thing, under the same title
and in the same capacity.
43.140 Judicial orders that create a
disputable presumption. A judicial order, other than a
judgment, decree or final order, in an action, suit or proceeding before a
court or judge of this state or of the United States creates a disputable
presumption concerning the matter directly determined between the same parties,
their representatives and their successors in interest by title subsequent to
the commencement of the action, suit or proceeding, litigating for the same
thing, under the same title and in the same capacity.
43.150 When parties the same.
The parties are the same when those between whom the evidence is offered were
adverse in the former case, and a judgment, decree or other determination could
have been made between them alone, though other parties were joined.
43.160 What determined by former judgment.
That only is determined by a former judgment, decree or order which appears upon
its face to have been so determined or which was actually and necessarily
included therein or necessary thereto.
43.170 Effect on principal of judgment
against surety. Whenever, pursuant to ORS 43.130
to 43.160, a party is bound by a record, and stands in the relation of surety
for another, the latter is also bound from the time that the latter has notice
of the action, suit or proceeding and a request from the surety to defend
against it.
43.180 Effect of judicial record of other
jurisdictions. The effect of a judicial record of a
sister state, the District of Columbia or a territory of the United States is
the same in this state as in the place where it was made, except:
(1)
It can be enforced in this state only by an action, suit or proceeding; and
(2)
The authority of a guardian, conservator, committee, executor or administrator
does not extend beyond the jurisdiction of the government under which the
guardian, conservator, committee, executor or administrator is invested with
authority. [Amended by 1973 c.823 §90; 2005 c.22 §33]
43.190
[Repealed by 1975 c.542 §2]
43.200 Effect of judicial record of
foreign admiralty court. The effect of a judicial record
of a court of admiralty of a foreign country is the same as if it were the
record of a court of admiralty of the United States.
43.210
[Repealed by 1981 c.892 §98]
43.220 Impeachment of judicial record.
Any judicial record may be impeached and the presumption arising therefrom overcome by evidence of a want of jurisdiction,
collusion between the parties, or fraud in the party offering the record. The
jurisdiction sufficient to sustain a record is jurisdiction over the cause,
over the parties and, when a specific thing is the subject of the
determination, over the thing.
43.310
[Repealed by 1981 c.892 §98]
43.320
[Repealed by 1981 c.892 §98]
43.330
[Repealed by 1981 c.892 §98]
43.340
[Repealed by 1981 c.892 §98]
43.350
[Repealed by 1981 c.892 §98]
43.360
[Repealed by 1981 c.892 §98]
43.370
[Amended by 1967 c.489 §1; repealed by 1981 c.892 §98]
43.380
[Renumbered 432.175]
43.390
[Repealed by 1981 c.892 §98]
43.400
[Repealed by 1981 c.892 §98]
43.410
[Amended by 1961 c.150 §7; 1961 c.160 §3a; repealed by 1981 c.892 §98]
43.420
[Repealed by 1981 c.892 §98]
43.430 [Repealed
by 1981 c.892 §98]
43.440
[Repealed by 1981 c.892 §98]
43.450 Official records and files of
United States Army, Navy and Air Force. Relevant
official records and files of the Departments of the Army, Navy and Air Force
of the United States shall be accorded prima facie probative value in evidence
before any court or agency in which there is an issue of fact as to the death
or disappearance of any person while serving in or with the Armed Forces of the
United States.
43.460
[Repealed by 1981 c.892 §98]
43.470
[Amended by 1967 c.489 §2; repealed by 1981 c.892 §98]
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