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(1) Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (2) of this section.
Subject to the provisions of ORS 40.415, a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness.
The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn from a claim of privilege.
ORS 40.070 (OEC 201(c) and 201(d)) allows the court to take judicial notice whether or not any party has so requested and requires the court to ?take judicial notice if requested by a party and supplied with the necessary information.? ORS 40.075 (OEC 201(e)) provides that ?[a] party is entitled upon timely request to ...
ORCP 69 requires the court or clerk to enter an order of default on a showing by affidavit or declaration that a party against whom a judgment is sought has been served with Summons or is otherwise subject to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law.
The victim must file a Petition to Waive the No-Contact Order with the court that has jurisdiction over the case; and. The court must find, after a hearing on the Petition, that waiving the no-contact order is in the best interest of the parties AND the community.
Contesting (Objecting To) the Restraining Order To ask for a hearing, you must fill out the form called ?Request for Hearing? and mail or deliver it to the court before the end of 30 days from the date you were served with the Restraining Order. The court's address should be on the form.
ORS 40.070 (OEC 201(c) and 201(d)) allows the court to take judicial notice whether or not any party has so requested and requires the court to ?take judicial notice if requested by a party and supplied with the necessary information.? ORS 40.075 (OEC 201(e)) provides that ?[a] party is entitled upon timely request to ...