Oregon Revised Statutes

Or. Rev. Stat. § 138.630 (2026)

Evidence of events occurring at trial of petitioner

✓ current as of May 2026

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138.630 Evidence of events occurring at trial of petitioner. In a proceeding pursuant to ORS 138.510 to 138.680, events occurring at the trial of petitioner may be shown by a duly authenticated transcript, record or portion thereof. If such transcript or record cannot be produced, the affidavit of the judge who presided at the trial setting forth the facts occurring at the trial shall be admissible in evidence when relevant. When necessary to establish any ground for relief specified in ORS 138.530, the petitioner may allege and prove matters in contradiction of the record of the trial of the petitioner. When the record is so contradicted, the defendant may introduce in evidence any evidence which was admitted in evidence at the trial to support the contradicted matter and may call witnesses whose testimony at such trial supported the contradicted matter. Whenever such evidence or such witnesses cannot be produced by defendant for any reason which is sufficient in the opinion of the court, such parts of the duly authenticated record of the trial as support the contradicted matter may be introduced in evidence by the defendant. A duly authenticated record of the testimony of any witness at the trial may be introduced in evidence to impeach the credibility of any testimony by the same witness in the hearing upon the petition. [1959 c.636 §13]

Notes of Decisions

Cited in 5 cases, 1973–2014 · leading case: Adams v. Nooth, 245 P.3d 173 (Or. Ct. App. 2010).

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Adams v. Nooth, 245 P.3d 173 (Or. Ct. App. 2010). · cites it 6× “Also, ORS 138.630 governs evidence in the post-conviction relief proceeding of events that occur in the underlying criminal trial of a petitioner for post-conviction relief.”

Ogle v. Nooth, 330 P.3d 572 (Or. 2014). “See ORS 138.630 (setting out procedures for “contradiction,” in post-conviction proceeding, of the record of the petitioner’s criminal trial).”

Guinn v. Cupp, 747 P.2d 984 (Or. 1987). “1 Except as stated in the text at page 13, we express no opinion as to what the result should be in that hearing, nor do we express any opinion as to the evidence that the court might receive, other than to point out that ORS 138.630 provides: “In a proceeding pursuant to ORS…”

Perkins v. Tarno, 901 P.2d 953 (Or. Ct. App. 1995). “ORS 138.630. Neither party cites Oregon case law regarding the standards to apply in determining when to order a transcript at state’s expense for a post-conviction proceeding.”

Nunn v. Cupp, 515 P.2d 421 (Or. Ct. App. 1973). · cites it 2× “ORS 138.630 permits the introduction of the trial transcript in a post-conviction proceeding, so the transcript was clearly admissible, as the court found.”

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