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Oregon · Through 2025 Edition

ORS 40.125: Rule 309. Presumptions in criminal proceedings.

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Where this section sits in the code
  1. 01 - Courts, Oregon Rules of Civil Procedure
  2. 4. Evidence and Witnesses
  3. Chapter 40 — Evidence Code

(1) The judge is not authorized to direct the jury to find a presumed fact against the accused.

      (2) When the presumed fact establishes guilt or is an element of the offense or negates a defense, the judge may submit the question of guilt or the existence of the presumed fact to the jury only if:

      (a) A reasonable juror on the evidence as a whole could find that the facts giving rise to the presumed fact have been established beyond a reasonable doubt; and

      (b) The presumed fact follows more likely than not from the facts giving rise to the presumed fact.

Collected 2026-09-03T23:50:10Z. Source file · JSON

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