115.195 Proof
for court allowance of disallowed claim; claims for recovery of public
assistance or medical assistance.
(1) A claim that has been disallowed by the personal representative may not be
allowed by any court except upon some competent, satisfactory evidence other
than the testimony of the claimant.
(2)(a)
Notwithstanding subsection (1) of this section, claims for recovery of public
assistance as defined by ORS 411.010 or medical assistance as defined in ORS
414.025 may be allowed based on evidence in the form of documents from the
Department of Human Services or the Oregon Health Authority that contain
information relating to that public assistance or medical assistance, such as
the date that services were provided to the decedent, the classification of
those services, the name of the provider or the provider’s identification
number, and the amount of the public assistance or medical assistance payment
made for the services. The documents may be prints obtained from microfilm or
microfiche, or printouts from computer records or other electronic storage
medium.
(b) A document
described in paragraph (a) of this subsection is prima facie evidence of the
information contained in the document and is not excluded from introduction as
hearsay, and extrinsic evidence of authenticity of the document as a condition
precedent to admissibility is not required, if the document bears a seal that
on its face is the seal of the Director of Human Services or the designee of
the director, or the Director of the Oregon Health Authority or the designee of
the director, and:
(A) For a print
obtained from microfilm or microfiche, also bears a statement indicating that
the print is a true copy of the microfilm or microfiche record, signed by a
person who purports to be an officer or employee of the department or the
authority; or
(B) For a
printout from computer records or other electronic storage medium, also bears a
statement indicating that the printout accurately reflects the data retrieved,
signed by a person who purports to be an officer or employee of the department
or the authority. [1969 c.591 §159; 2003 c.523 §2; 2011 c.720 §61; 2013 c.688 §20;
2021 c.282 §19]
115.200 [Repealed by 1969 c.591 §305]
Notes of Decisions
Cited in
13
cases, 1971–1993 · leading case:
Lawrence v. Ladd, 570 P.2d 638 (Or. 1977).
Lawrence v. Ladd, 570 P.2d 638 (Or. 1977).
· cites it 11× “The controlling issue to be decided in this case is whether there was sufficient evidence to support the verdict of the jury "other than the testimony of the claimant,” so as to satisfy the requirements of ORS 115.195, which provides as follows: "A claim that has been disallowed…”
Willbanks v. Goodwin, 689 P.2d 1004 (Or. Ct. App. 1984).
· cites it 3× “At issue was the application of ORS 115.195, which, like its predecessor § 11-504, Oregon Code 1930, requires corroborating evidence of a claim presented to and disallowed by the personal representative.”
Hein v. Thiel, 549 P.2d 514 (Or. 1976).
· cites it 2× “upon the ground that plaintiff failed to prove the alleged oral agreement by competent and satisfactory evidence other than the testimony of the claimant against the estate of a decedent, as required by ORS 115.195. It would serve no useful purpose, in our opinion, to review in…”
Gilbert v. Brown, 693 P.2d 1330 (Or. Ct. App. 1985).
· cites it 2× “ORS 115.195 provides: “A claim that has been disallowed by the personal representative may not be allowed by any court except upon some competent, satisfactory evidence other than the testimony of the claimant.”
Johnson v. Ranes, 680 P.2d 688 (Or. Ct. App. 1984).
· cites it 3× “Her third assignment is to the same effect — that the court denied her request that it instruct the jury to return “a verdict for defendant and against the plaintiff.” Again, defendant did not request an instruction as to each of plaintiff s claims separately 2 and does not…”
Hitchman v. Burkey, 769 P.2d 799 (Or. Ct. App. 1989).
· cites it 4× “315, 3 the court held that ORS 115.195 nonetheless applies. It provides: “A claim that has been disallowed by the personal representative may not be allowed by any court except upon some competent, satisfactory evidence other than the testimony of the claimant.”
LaTrace v. Est. of LaTrace, 640 P.2d 703 (Or. Ct. App. 1982).
“In the divorce settlement, plaintiff had received a house in which decedent retained a life estate.”
Schwartz v. Davis Mfg. Co., 189 N.W.2d 1 (Mich. Ct. App. 1971).
“195 (Oregon Laws 1969, e 591 § 159) provides: “A claim that has been disallowed by the personal representative may not be allowed by any court except upon some competent, satisfactory evidence other than the testimony of the claimant.”
Richardson v. Richardson, 648 P.2d 377 (Or. Ct. App. 1982).
· cites it 4× “270(l)(c); second, that the writings relied on by plaintiff do not evidence the alleged contract because no reference is made in' them to any contract; third, that plaintiffs’ evidence failed to meet the requirements of law in order to enforce a contract to make a will; and,…”
Schreiner v. Banton, 595 P.2d 510 (Or. Ct. App. 1979).
· cites it 3× “Defendant contends that (1) there was no clear and convincing evidence to support the finding and (2) that plaintiff failed to produce "some competent, satisfactory evidence” other than his own testimony as required by ORS 115.195. 1 We affirm. This court reviews suits in equity…”
Wilkinson v. Higgins, 844 P.2d 266 (Or. Ct. App. 1993).
· cites it 2× “Defendant, therefore, assigns error to the court’s failure to apply ORS 115.195: “A claim that has been disallowed by the personal representative may not be allowed by any court except upon some competent, satisfactory evidence other than the testimony of the claimant.”
Kohler v. Armstrong, 758 P.2d 407 (Or. Ct. App. 1988).
“2 Plaintiff remained and cared for Griffith until she died in October, 1986. Plaintiffs testimony, if believed, is sufficient to support the trial court’s judgment.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.