Oregon Law Review : Vol. 89, No. 4, p. 1407-1444 : Should Oregon Adopt the New Federal Rules of Evidence?
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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.