40.172 Rule 404-1

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

40.172 Rule 404-1. Pattern, practice or history of abuse; expert testimony.

(1)In any proceeding, any party may introduce evidence establishing a pattern, practice or history of abuse of a person and may introduce expert testimony to assist the fact finder in understanding the significance of such evidence if the evidence:

(a)Is relevant to any material issue in the proceeding; and

(b)Is not inadmissible under any other provision of law including, but not limited to, rules regarding relevance, privilege, hearsay, competency and authentication.

(2)This section may not be construed to limit any evidence that would otherwise be admissible under the Oregon Evidence Code or any other provision of law.

(3)As used in this section, “abuse” has the meaning given that term in ORS 107.705. [1997 c.397 §2]

Note: 40.172 was added to and made a part of 40.010 to 40.585 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.