ORS Chapter 43 - Oregon Statutes

Chapter 43 — PublicWritings

 

2009 EDITION

 

 

PUBLICWRITINGS

 

EVIDENCEAND WITNESSES

 

43.130       Judicialorders that are conclusive

 

43.140       Judicialorders that create a disputable presumption

 

43.150       Whenparties the same

 

43.160       Whatdetermined by former judgment

 

43.170       Effecton principal of judgment against surety

 

43.180       Effectof judicial record of other jurisdictions

 

43.200       Effectof judicial record of foreign admiralty court

 

43.220       Impeachmentof judicial record

 

43.450       Officialrecords and files of United States Army, Navy and Air Force

 

      43.010 [Repealed by1981 c.892 §98]

 

      43.020 [Repealed by1981 c.892 §98]

 

      43.030 [Repealed by1981 c.892 §98]

 

      43.040 [Repealed by1981 c.892 §98]

 

      43.050 [Repealed by1981 c.892 §98]

 

      43.060 [Repealed by1981 c.892 §98]

 

      43.070 [Repealed by1981 c.892 §98]

 

      43.080 [Repealed by1981 c.892 §98]

 

      43.110 [Repealed by1981 c.892 §98]

 

      43.120 [Repealed by1981 c.892 §98]

 

      43.130Judicial orders that are conclusive. The effect of a judgment, decree orfinal order in an action, suit or proceeding before a court or judge of thisstate 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 respectto the probate of a will or the administration of the estate of a deceasedperson or in respect to the personal, political, or legal condition or relationof a particular person, the judgment, decree or order is conclusive upon thetitle to the thing, the will or administration, or the condition or relation ofthe person.

      (2)In other cases, the judgment, decree or order is, in respect to the matterdirectly determined, conclusive between the parties, their representatives andtheir successors in interest by title subsequent to the commencement of theaction, suit or proceeding, litigating for the same thing, under the same titleand in the same capacity.

 

      43.140Judicial orders that create a disputable presumption. A judicialorder, other than a judgment, decree or final order, in an action, suit orproceeding before a court or judge of this state or of the United Statescreates a disputable presumption concerning the matter directly determinedbetween the same parties, their representatives and their successors ininterest by title subsequent to the commencement of the action, suit orproceeding, litigating for the same thing, under the same title and in the samecapacity.

 

      43.150When parties the same. The parties are the same when those between whomthe evidence is offered were adverse in the former case, and a judgment, decreeor other determination could have been made between them alone, though otherparties were joined.

 

      43.160What determined by former judgment. That only is determined by a formerjudgment, decree or order which appears upon its face to have been sodetermined or which was actually and necessarily included therein or necessarythereto.

 

      43.170Effect on principal of judgment against surety. Whenever,pursuant to ORS 43.130 to 43.160, a party is bound by a record, and stands inthe relation of surety for another, the latter is also bound from the time thatthe latter has notice of the action, suit or proceeding and a request from thesurety to defend against it.

 

      43.180Effect of judicial record of other jurisdictions. The effect of ajudicial record of a sister state, the District of Columbia or a territory ofthe 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 administratordoes not extend beyond the jurisdiction of the government under which theguardian, conservator, committee, executor or administrator is invested withauthority. [Amended by 1973 c.823 §90; 2005 c.22 §33]

 

      43.190 [Repealed by1975 c.542 §2]

 

      43.200Effect of judicial record of foreign admiralty court. The effect of ajudicial record of a court of admiralty of a foreign country is the same as ifit were the record of a court of admiralty of the United States.

 

      43.210 [Repealed by1981 c.892 §98]

 

      43.220Impeachment of judicial record. Any judicial record may be impeachedand the presumption arising therefrom overcome by evidence of a want ofjurisdiction, collusion between the parties, or fraud in the party offering therecord. The jurisdiction sufficient to sustain a record is jurisdiction overthe cause, over the parties and, when a specific thing is the subject of thedetermination, over the thing.

 

      43.310 [Repealed by1981 c.892 §98]

 

      43.320 [Repealed by1981 c.892 §98]

 

      43.330 [Repealed by1981 c.892 §98]

 

      43.340 [Repealed by1981 c.892 §98]

 

      43.350 [Repealed by1981 c.892 §98]

 

      43.360 [Repealed by1981 c.892 §98]

 

      43.370 [Amended by1967 c.489 §1; repealed by 1981 c.892 §98]

 

      43.380 [Renumbered432.175]

 

      43.390 [Repealed by1981 c.892 §98]

 

      43.400 [Repealed by1981 c.892 §98]

 

      43.410 [Amended by1961 c.150 §7; 1961 c.160 §3a; repealed by 1981 c.892 §98]

 

      43.420 [Repealed by1981 c.892 §98]

 

      43.430 [Repealed by1981 c.892 §98]

 

      43.440 [Repealed by1981 c.892 §98]

 

      43.450Official records and files of United States Army, Navy and Air Force. Relevantofficial records and files of the Departments of the Army, Navy and Air Forceof the United States shall be accorded prima facie probative value in evidencebefore any court or agency in which there is an issue of fact as to the deathor disappearance of any person while serving in or with the Armed Forces of theUnited States.

 

      43.460 [Repealed by1981 c.892 §98]

 

      43.470 [Amended by1967 c.489 §2; repealed by 1981 c.892 §98]

 

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