(University of Oregon School of Law, 2011) Lininger, Tom
This essay explores whether Oregon should adopt the restyled
Federal Rules of Evidence (FRE), and if so, to what extent. Part I analyzes the most important
differences between the present versions of the Oregon
Evidence Code (OEC) and the FRE.
(This Part may be useful to students who need to memorize the
unique features of the OEC in order to prepare for the Oregon Bar
Exam.) Part II considers the primary reasons why the Oregon rules
have departed from the federal model over the last few decades. Part
III explores the advantages of adopting the restyled federal rules. Part
IV addresses the disadvantages of importing the restyled rules in the
OEC. Part V suggests one possible compromise that would preserve
the distinctive character of the OEC while benefiting from the
improvements to the FRE.
