Oregon Code § 40.135·Enacted ·Last updated March 01, 2026
Statute Text
Rule
311. Presumptions.
(1) The following are presumptions:
(a) A person
intends the ordinary consequences of a voluntary act.
(b) A person
takes ordinary care of the persons own concerns.
(c) Evidence
willfully suppressed would be adverse to the party suppressing it.
(d) Money paid by
one to another was due to the latter.
(e) A thing
delivered by one to another belonged to the latter.
(f) An obligation
delivered to the debtor has been paid.
(g) A person is
the owner of property from exercising acts of ownership over it or from common
reputation of the ownership of the person.
(h) A person in
possession of an order on that person, for the payment of money or the delivery
of a thing, has paid the money or delivered the thing accordingly.
(i) A person
acting in a public office was regularly appointed to it.
(j) Official duty
has been regularly performed.
(k) A court, or
judge acting as such, whether in this state or any other state or country, was
acting in the lawful exercise of the jurisdiction of the court.
(L) Private
transactions have been fair and regular.
(m) The ordinary
course of business has been followed.
(n) A promissory
note or bill of exchange was given or indorsed for a sufficient consideration.
(o) An
indorsement of a negotiable promissory note, or bill of exchange, was made at
the time and place of making the note or bill.
(p) A writing is
truly dated.
(q) A letter duly
directed and mailed was received in the regular course of the mail.
(r) A person is
the same person if the name is identical.
(s) A person not
heard from in seven years is dead.
(t) Persons
acting as copartners have entered into a contract of copartnership.
(u) Two
individuals deporting themselves as legally married to each other have entered
into a lawful contract of marriage.
(v) A child born
in lawful wedlock is legitimate.
(w) A thing once
proved to exist continues as long as is usual with things of that nature.
(x) The law has
been obeyed.
(y) An
uninterrupted adverse possession of real property for 20 years or more has been
held pursuant to a written conveyance.
(z) A trustee or
other person whose duty it was to convey real property to a particular person
has actually conveyed it to the person, when such presumption is necessary to
perfect the title of the person or the persons successor in interest.
(2) A statute
providing that a fact or a group of facts is prima facie evidence of another
fact establishes a presumption within the meaning of this section. [1981 c.892 §20;
2016 c.46 §2]
RELEVANCY
Plain English Explanation
This Oregon statute addresses Rule
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 40.135
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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