Oregon State Laws on Optical Images

State Archivist and Records Manager:

Roy Turnbaugh, State Archivist

800 Summer St. NE, Salem OR 97310

503-373-0701 ext. 237

CHAPTER 40

Evidence Code

CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS

40.550 Rule 1001. Definitions for ORS 40.550 to 40.585

40.555 Rule 1002. Requirement of original

40.560 Rule 1003. Admissibility of duplicates

40.562 Rule 1003-1. Admissibility of reproduction

40.550 Rule 1001. Definitions for ORS 40.550 to 40.585. As used inORS 40.550 to 40.585, unless the context requires otherwise:

(1) "Duplicate" means a counterpart produced by the same impression

as the original, or from the same matrix, or by means of photography,

including enlargements and miniatures, by mechanical or electronic

re-recording, by chemical reproduction, by optical imaging or by other

equivalent techniques that accurately reproduce the original,

including reproduction by facsimile machines if the reproduction is

identified as a facsimile and printed on nonthermal paper.

(2) "Original" of a writing or recording is the writing or recording

itself or any counterpart intended to have the same effect by a person

executing or issuing it. An "original" of a photograph includes the

negative or any print therefrom. If data are stored in a computer or

similar device, any printout or other output readable by sight, shown

to reflect the data accurately, is an "original. "

(3) "Photographs" includes still photographs, X-ray films, video

tapes and motion pictures.

(4) "Writings" and "recordings" mean letters, words or numbers, or

their equivalent, set down by handwriting, typewriting, printing,

photostating, photographing, magnetic impulse, optical imaging,

mechanical or electronic recording or other form of data compilation.

<1981 c.892 s71; 1991 c.857 s1; 1995 c.760 s1>

40.555 Rule 1002. Requirement of original. To prove the content of a

writing, recording or photograph, the original writing, recording or

photograph is required, except as otherwise provided in ORS 40.550 to

40.585 or other law.

<1981 c.892 s72>

40.560 Rule 1003. Admissibility of duplicates. A duplicate is

admissible to the same extent as an original unless:

(1) A genuine question is raised as to the authenticity of the

original; or

(2) In the circumstances it would be unfair to admit the duplicate

in lieu of the original.

<1981 c.892 s73>

40.562 Rule 1003-1. Admissibility of reproduction. (1) If any

business, institution or member of a profession or calling, in the

regular course of business or activity, has kept or recorded any

memorandum, writing, entry, print, representation or a combination

thereof, of any act, transaction, occurrence or event, and in the

regular course of business has caused any or all of the same to be

recorded, copied or reproduced by any photographic, photostatic,

microfilm, micro-card, miniature photographic, optical imaging or

other process that accurately reproduces or forms a durable medium for

so reproducing the original, the original may be destroyed in the

regular course of business unless held in a custodial or fiduciary

capacity and the principal or true owner has not authorized

destruction or unless its preservation is required by law. Such

reproduction, when satisfactorily identified, is as admissible in

evidence as the original itself in any judicial or administrative

proceeding whether the original is in existence or not and an

enlargement or facsimile of such reproduction is likewise admissible

in evidence if the original reproduction is in existence and available

for inspection under direction of the court. The introduction of a

reproduced record, enlargement or facsimile does not preclude

admission of the original.

(2) If any department or agency of government, in the regular course

of business or activity, has kept or recorded any memorandum, writing,

entry, print, representation or combination thereof, of any act,

transaction, occurrence or event, and in the regular course of

business, and in accordance with ORS 192.040 to 192.060 and 192.105,

has caused any or all of the same to be recorded, copied or reproduced

by any photographic, photostatic, microfilm, micro-card, miniature

photographic, optical imaging or other process that accurately

reproduces or forms a durable medium for so reproducing the original,

the original may be destroyed in the regular course of business unless

held in a custodial or fiduciary capacity and the principal or true

owner has not authorized destruction or unless its preservation is

required by law. Such reproduction, when satisfactorily identified, is

as admissible in evidence as the original itself in any judicial or

administrative proceeding whether the original is in existence or not

and an enlargement or facsimile of such reproduction is likewise

admissible in evidence if the original reproduction is in existence

and available for inspection under direction of the court. The

introduction of a reproduced record, enlargement or facsimile does not

preclude admission of the original.

<1995 c.760 s3>

74.1120 Electronic presentment. (1) "Agreement for electronic

presentment" means an agreement, clearing house rule, or Federal

Reserve regulation or operating circular, providing that presentment

of an item may be made by transmission of an image of an item or

information describing the item ("presentment notice") rather than

delivery of the item itself. The agreement may provide for procedures

governing retention, presentment, payment, dishonor and other matters

concerning items subject to the agreement.

(2) Presentment of an item pursuant to an agreement for presentment

is made when the presentment notice is received.

(3) If presentment is made by presentment notice, a reference to

"item" or "check" in this chapter means the presentment notice unless

the context otherwise indicates.

<1993 c.545 s82>

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