Oregon Administrative Rules
Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
Division 200 - PSRB CIVIL COMMITMENT PROGRAM
Section 859-200-0095 - Objections to Evidence
Universal Citation: OR Admin Rules 859-200-0095
Current through Register Vol. 63, No. 3, March 1, 2024
The chairperson or acting chairperson shall rule on questions of evidence. Hearsay evidence shall not be excluded unless the chairperson or acting chairperson determines the evidence is not material, relevant or reliable.
(1) In determining whether the evidence is material, relevant or reliable, the Board shall consider the following:
(a) The age and source of the
documents;
(b) The ability of the
witness to have observed and had personal knowledge of the incidents;
(c) The credibility of the witness
and whether the witness has bias or interest in the matter.
(2) The person, the person's attorney or attorney representing the State may object to any evidence. The Board may decide the following:
(a) To
sustain the objection and deny the admission and consideration of the evidence
on the grounds that it is not material, relevant or reliable;
(b) To overrule the objection and admit the
evidence and in considering the weight given to that evidence, consider the
reason for the objection; or
(c)
To grant a continuance for a reasonable period of time to allow a witness to
appear or be subpoenaed to testify about the evidence under
consideration.
Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
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