Topic: Business

Last updated: January 17, 2020

You may also want to have the records keeper certify the number of pages making up the records to establish completeness. Similar certifications can be used for public records and other business records to avoid having to call in the custodian or records keeper, as these are preliminary questions of fact that may be decided by the court under ORS 40.030 (OEC Rule 104), which allows a court to consider matters outside of the record presented to the jury. Under OEC 104(a) you can sometimes establish foundational requirements outside of the presence of the jury. This portion of the Rule provides: “Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (2) of this section. In making its determination the court is not bound by the rules of evidence except those with respect to privileges.”
This means theoretically that the court is free to suspend the rules of evidence in making foundational determinations and could rely on otherwise inadmissible information in assessing whether an item meets the requirements for admissibility


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