(a) Identify on the record the report, material or document, or information in the report, material or document, upon which the court intends to rely; and

(b) Subject to the court’s ruling on objections by the parties, either:

(A) Take judicial notice of a fact or law in the information pursuant to ORS 40.060 to 40.085 and 40.090; or

(B) Cause the report, material or document, or a part of the report, material or document, to be marked and received as an exhibit.

(2) If the court takes judicial notice of a fact or law under subsection (1) of this section, the court shall cause a list to be made that reasonably identifies, by reference to the source, any fact or law that is judicially noticed. The court may include the list in the order or judgment or set out the contents of the list in a separate document attached to the order or judgment.

(3) An exhibit marked and received under subsection (1) of this section and a list made under subsection (2) of this section are part of the record of the case maintained by the clerk of the court under ORS 419A.255 (1).

(4) If an appeal is taken from the order or judgment following the hearing or proceeding and the designation of record on appeal includes exhibits, the court or the trial court administrator shall cause the following to be transmitted to the appellate court as part of the record of the case on appeal:

(a) Exhibits;

(b) The list described in subsection (2) of this section; and

(c) Any report, material or document containing judicially noticed facts or law as identified on the list made under subsection (2) of this section. [2005 c.451 §2; 2013 c.417 §2]