Oregon Administrative Rules
Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES
Section 859-550-0040 - Objections to Evidence
Universal Citation: OR Admin Rules 859-550-0040
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
documents;
(b) The ability of a
witness to have observed and have personal knowledge of an incident;
(c) The credibility of the witness and
whether the witness has bias or interest in the matter.
(2) The youth, the youth's attorney or attorney representing the state may object to any evidence. The Board shall then decide to do one of the following:
(a)
Sustain the objection and deny the admission and consideration of the evidence
on the grounds that it is not material, relevant or reliable;
(b) Overrule the objection and admit the
evidence and in considering the weight given to that evidence, consider the
reason for the objection; or
(c)
Grant a continuance for a period of time not to exceed 60 days to allow a
witness to appear or be subpoenaed to testify about the evidence under
consideration.
Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 161.395, 419C.532
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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