proponent instruction (Oregon) · Go Syfert
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proponent instruction in Oregon

11 Oregon opinions name it 2 courts 1984–2025 8 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Johnson and Henderson Partnership v. Hendersongreen
orctapp · 2022 · cited in 2 Oregon opinions naming this issue, 2024–2024
2 sentences

2024We have held that this fact does not of itself require the exclusion of such testimony.” (Emphasis added.)); see also Johnson and Henderson Partnership v. Henderson, 321 Or App 134 , 142 n 6, 516 P3d 726 (2022), rev den, 370 Or 714 (2023) (“Of course, all declarations or testimony by a proponent of a claim to prove that claim * * * are ‘self-serv- ing’ to an extent.

2024We have held that this fact does not of itself require the exclusion of such testimony.” (Emphasis added.)); see also Johnson and Henderson Partnership v. Henderson, 321 Or App 134 , 142 n 6, 516 P3d 726 (2022), rev den, 370 Or 714 (2023) (“Of course, all declarations or testimony by a proponent of a claim to prove that claim * * * are ‘self-serv- ing’ to an extent.

22
State v. Jacksongreen
orctapp · 2024 · cited in 1 Oregon opinions naming this issue, 2025–2025
1 sentence

2025See Jackson, 334 Or App at 470 (“[C]onsidering the evidence in the light most favorable to the proponent of the instruction means that we do not attempt to resolve conflicts in the evidence * * *.

11
Burgdorf v. Westongreen
orctapp · 2013 · cited in 1 Oregon opinions naming this issue, 2022–2022
2 sentences

2022See Burgdorf v. Weston, 259 Or App 755, 775-76 , 316 P3d 303 (2013), rev den, 355 Or 380 (2014) (stating the test for determining whether an affidavit fails to raise a genuine issue of material fact because it directly contradicts earlier evidence or testimony). 6 Of course, all declarations or testimony by a proponent of a claim to prove that claim or, here, oppose summary judgment on that claim, are “self-serving” to an extent.

2022See Burgdorf v. Weston, 259 Or App 755, 775-76 , 316 P3d 303 (2013), rev den, 355 Or 380 (2014) (stating the test for determining whether an affidavit fails to raise a genuine issue of material fact because it directly contradicts earlier evidence or testimony). 6 Of course, all declarations or testimony by a proponent of a claim to prove that claim or, here, oppose summary judgment on that claim, are “self-serving” to an extent.

11
State v. Hansengreen
or · 1987 · cited in 1 Oregon opinions naming this issue, 2003–2003
2 sentences

2003See Kahn v. Pony Express Courier Corp., 173 Or App 127, 134 , 20 P3d 837 , rev den, 332 Or 518 (2001) (holding that it is incumbent on party seeking disclosure of privileged material to show that material is subject to exception to privilege); see also State v. Hansen, 82 Or App 178, 186 , 728 P2d 542 (1986), rev’d in part on other grounds, 304 Or 169 , 743 P2d 157 (1987) (holding that the defendant, as proponent, “had the burden of showing that [an] exception to the patient-psychotherapist privilege is applicable”).

2003See Kahn v. Pony Express Courier Corp., 173 Or App 127, 134 , 20 P3d 837 , rev den, 332 Or 518 (2001) (holding that it is incumbent on party seeking disclosure of privileged material to show that material is subject to exception to privilege); see also State v. Hansen, 82 Or App 178, 186 , 728 P2d 542 (1986), rev’d in part on other grounds, 304 Or 169 , 743 P2d 157 (1987) (holding that the defendant, as proponent, “had the burden of showing that [an] exception to the patient-psychotherapist privilege is applicable”).

11
State v. Hansengreen
orctapp · 1986 · cited in 1 Oregon opinions naming this issue, 2003–2003
1 sentence

2003See Kahn v. Pony Express Courier Corp., 173 Or App 127, 134 , 20 P3d 837 , rev den, 332 Or 518 (2001) (holding that it is incumbent on party seeking disclosure of privileged material to show that material is subject to exception to privilege); see also State v. Hansen, 82 Or App 178, 186 , 728 P2d 542 (1986), rev’d in part on other grounds, 304 Or 169 , 743 P2d 157 (1987) (holding that the defendant, as proponent, “had the burden of showing that [an] exception to the patient-psychotherapist privilege is applicable”).

11
Kahn v. Pony Express Courier Corp.green
orctapp · 2001 · cited in 1 Oregon opinions naming this issue, 2003–2003
2 sentences

2003See Kahn v. Pony Express Courier Corp., 173 Or App 127, 134 , 20 P3d 837 , rev den, 332 Or 518 (2001) (holding that it is incumbent on party seeking disclosure of privileged material to show that material is subject to exception to privilege); see also State v. Hansen, 82 Or App 178, 186 , 728 P2d 542 (1986), rev’d in part on other grounds, 304 Or 169 , 743 P2d 157 (1987) (holding that the defendant, as proponent, “had the burden of showing that [an] exception to the patient-psychotherapist privilege is applicable”).

2003See Kahn v. Pony Express Courier Corp., 173 Or App 127, 134 , 20 P3d 837 , rev den, 332 Or 518 (2001) (holding that it is incumbent on party seeking disclosure of privileged material to show that material is subject to exception to privilege); see also State v. Hansen, 82 Or App 178, 186 , 728 P2d 542 (1986), rev’d in part on other grounds, 304 Or 169 , 743 P2d 157 (1987) (holding that the defendant, as proponent, “had the burden of showing that [an] exception to the patient-psychotherapist privilege is applicable”).

11
State v. Henrygreen
or · 1987 · cited in 1 Oregon opinions naming this issue, 2000–2000
2 sentences

2000See Henry, 302 Or. at 521 , 732 P.2d 9 .

2000See Henry, 302 Or. at 521 , 732 P.2d 9 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Owen green
or · 2022
2 sentences

2025Because the error was not harmless, we reverse and remand.1 We describe the evidence “in the light most favorable to the proponent of the instruction” to determine whether the record “supported giving the instruction.” State v. Owen, 369 Or 288, 290 , 505 P3d 953 (2022).

2025Because the error was not harmless, we reverse and remand.1 We describe the evidence “in the light most favorable to the proponent of the instruction” to determine whether the record “supported giving the instruction.” State v. Owen, 369 Or 288, 290 , 505 P3d 953 (2022).

22025–2025
State v. Hatchell green
orctapp · 2022
1 sentence

2022In addition, to determine whether instructional error was harmless, we “consider[ ] in part the context of the evidence and record at trial, includ- ing the parties’ theories of the case.” Id. (internal quotation Cite as 322 Or App 309 (2022) 313 marks omitted).

12022–2022
State v. Payne green
or · 2020
2 sentences

2022State v. Payne, 366 Or 588, 607 , 468 P3d 445 (2020).

2022State v. Payne, 366 Or 588, 607 , 468 P3d 445 (2020).

12022–2022
Chaffin v. Ramsey green
or · 1976
1 sentence

1984The dissent argued that the correct rule for testing the evidence was that of § 339(1) combined with the holding in Wright v. Schutt Construction, supra, that there must be a “genuine pre-estimate of injury as of the time when the contract was made.” 276 Or at 443-444 .

11984–1984

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 161.085 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

AZ 304 (1980–2026) VA 205 (1992–2026) TX 153 (1988–2025) MO 63 (1968–2024) NY 60 (1895–2026) OH 59 (1997–2026) CA 52 (1915–2026) KY 28 (2002–2025) MI 27 (1975–2025) IL 21 (1887–2025) NV 20 (1998–2021) PA 19 (1985–2025) WA 18 (1975–2023) FL 18 (1971–2023) CO 12 (1986–2025) OR 11 (1984–2025) SC 11 (1997–2026) NM 10 (1985–2025) CT 7 (2000–2021) IN 6 (1986–2019) DC 6 (1980–2025) MN 6 (1986–1991) MD 6 (1992–2016) MA 6 (1997–2016) DE 5 (1989–2022) WY 5 (1979–1982) TN 5 (1939–2021) NC 4 (1992–2011) ID 4 (1960–2023) RI 4 (2001–2007) VT 4 (2024–2026) AR 4 (2002–2025) MS 4 (1990–2010) GA 3 (2014–2024) NJ 2 (1993–1995) WI 2 (2006–2011) LA 2 (1975–1996) NE 2 (2023–2024) OK 2 (1992–1993) AL 2 (1982–2011) ND 2 (2012–2012) SD 2 (1917–2004) VI 2 (2012–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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