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Oregon Revised Statutes

Or. Rev. Stat. § 135.173 (2026)

Oregon Evidence Code to apply in preliminary hearings; exception

✓ current as of May 2026
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      135.173 Oregon Evidence Code to apply in preliminary hearings; exception. The Oregon Evidence Code shall apply in any preliminary hearing under this chapter, except that hearsay may be admitted if the court determines that it would impose an unreasonable hardship on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing, and if the witness furnishes information bearing on the informant’s reliability and, as far as possible, the means by which the information was obtained. [1981 c.892 §88b]

 

(Discharge or Commitment)

Notes of Decisions
Cited in 4 cases, 1984–2019 · leading case: State v. Wright, 843 P.2d 436 (Or. 1992).
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State v. Wright, 843 P.2d 436 (Or. 1992). · cites it 14× “[5] Defendant argues that the hearsay rules apply, because ORS 135.173 makes the evidence code applicable to "any preliminary hearing under this chapter.”
State v. Brown, 687 P.2d 751 (Or. 1984). ““(g) Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173. “(h) Proceedings to determine proper disposition of a child in accordance with ORS 419.”
State v. Wright, 829 P.2d 93 (Or. Ct. App. 1992). · cites it 6× “[1] Defendant contends that OEC does apply to hearings on motions to suppress, because such a motion is a "preliminary *95 hearing" within the meaning of ORS 135.173: "The Oregon Evidence Code shall apply in any preliminary hearing under this chapter, except that hearsay may be…”
State v. Slight, 456 P.3d 366 (Or. Ct. App. 2019). “” OEC 101(4)(h), in turn, limits the applicability of the Oregon Evidence Code in “[p]roceedings under ORS chapter 135 relating to condi- tional release, security release, release on personal recog- nizance, or preliminary hearings, subject to ORS 135.173.” Specifically, for…”
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