ORS § 36.280 — OR Code / Title 3 / Chapter 36 / Section 36.280
36.280 Mediation of disputes related to interference with farming practices
Status: in_force

(1) If a person that is engaged in a farming practice, as defined in ORS 30.930 (Definitions for ORS 30.930 to 30.947) , has a reasonable belief that the planting, growing or harvesting of an agricultural or horticultural commodity on nearby land might interfere with or is interfering with the farming practice, and the person responsible for the planting, growing or harvesting disputes that it might interfere with or is interfering with the farming practice, the State Department of Agriculture shall, if requested by either party to the dispute:

(a) Provide mediation program services under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to assist the parties in attempting to reach a voluntary resolution of the dispute; or

(b) Refer the parties to the United States Department of Agriculture for the purpose of participating in a certified state agricultural mediation program.

(2) A person that is requested to participate in a mediation proceeding under this section may elect to have the proceeding conducted through the use of mediation program services described in subsection (1)(a) of this section or under a mediation program described in subsection (1)(b) of this section. However, if the State Department of Agriculture has referred the parties under subsection (1)(b) of this section, a person electing to instead use mediation services described in subsection (1)(a) of this section must pay any additional costs and fees resulting from that election.

(3) If the State Department of Agriculture provides mediation program services under subsection (1)(a) of this section, the total amount that the department may require of the parties as costs and fees for services provided in connection with the mediation of the dispute may not exceed $2,500. The party requesting the mediation services is responsible for paying the costs and fees unless both parties agree to divide the costs and fees. Unless the parties agree to a shorter time, the department shall conduct at least four hours of mediation proceedings to attempt to reach resolution of the dispute.

(4) If a party is offered dispute mediation under subsection (1) of this section and is unwilling to participate in a mediation proceeding, a court may consider that unwillingness when determining whether to grant or deny a preliminary injunction.

(5) If a court action arises out of an alleged interference with the use of land for a farming practice due to the planting, growing or harvesting of an agricultural or horticultural commodity on nearby land, and the parties to the action have not previously attempted to have the dispute mediated, the parties must participate in a mediation proceeding under a program described under subsection (1) of this section beginning no later than 270 days after the action is filed. This subsection does not require participation in a mediation proceeding if the action settles or is otherwise resolved within 270 days after filing or if all parties to the action agree to waive mediation. A court may impose sanctions against a party that is unwilling to participate for at least four hours, or for a shorter time that was agreed to by the parties, in a mediation proceeding required under this subsection.

(6) This section does not create any new cause of action or supersede any requirement, condition or prohibition otherwise established by law regarding the bringing of an action. [2015 c.630 §1; 2017 c.72 §1]

Note: Section 3, chapter 630, Oregon Laws 2015, provides:

Sec. 3. Section 1 of this 2015 Act [ 36.280 (Mediation of disputes related to interference with farming practices) ] does not apply to any dispute regarding the planting, growing or harvesting of a genetically engineered agricultural or horticultural commodity in a county that has in effect a valid ordinance lawfully adopted on or before the effective date of this 2015 Act [January 1, 2016] that regulates the planting, growing or harvesting of genetically engineered agricultural or horticultural commodities. [2015 c.630 §3]

Note: 36.280 (Mediation of disputes related to interference with farming practices) and 36.283 (Confidentiality of mediation communications and agreement) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 36 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 36.280 — Mediation of disputes related to interference with farming practices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.300 — OR Code / Title 3 / Chapter 30 / Section 30.300
30.300 ORS 30.260 to 30.300 exclusive
Status: in_force

ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) are exclusive and supersede all home rule charter provisions and conflicting laws and ordinances on the same subject. [1967 c.627 §11]

Source: Section 30.300 — ORS 30.260 to 30.300 exclusive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.515 — OR Code / Title 3 / Chapter 35 / Section 35.515
35.515 Required disclosures for business and farm operations
Status: in_force

To be eligible for the payment authorized by ORS 35.510 (Duties of public entities acquiring real property) , a business or farm operation must make its state income tax returns and its financial statements and accounting records available for audit for confidential use to determine the payment authorized. [Formerly 281.070]

Source: Section 35.515 — Required disclosures for business and farm operations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 36.536 — OR Code / Title 3 / Chapter 36 / Section 36.536
36.536 Prohibition on use of statements, admissions or documents arising out of conciliation proceedings
Status: in_force

When the parties agree to participate in conciliation under ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) :

(1) Evidence of anything said or of any admission made in the course of the conciliation is not admissible in evidence and disclosure of any such evidence shall not be compelled in any civil action in which, pursuant to law, testimony may be compelled to be given. However, this subsection does not limit the admissibility of evidence if all parties participating in conciliation consent, in writing, to its disclosure, provided that such consent is given after the statement or admission to be disclosed is made in the conciliation proceeding.

(2) In the event that any such evidence is offered in contravention of this section, the arbitration tribunal or the court shall make any order which it considers to be appropriate to deal with the matter, including, without limitation, orders restricting the introduction of evidence, or dismissing the case without prejudice.

(3) Unless the document otherwise provides, no document prepared for the purpose of, or in the course of, or pursuant to, the conciliation, or any copy thereof, is admissible in evidence and disclosure of any such document shall not be compelled in any arbitration or civil action in which, pursuant to law, testimony may be compelled to be given. [1991 c.405 §45; 1993 c.244 §14]

Source: Section 36.536 — Prohibition on use of statements, admissions or documents arising out of conciliation proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.610 — OR Code / Title 3 / Chapter 34 / Section 34.610
34.610 Grounds for discharge of prisoner in custody under order or civil process
Status: in_force

If it appears on the return that the prisoner is in custody by virtue of an order or civil process of any court legally constituted, or issued by an officer in the course of judicial proceedings before the officer, authorized by law, such prisoner shall be discharged only if one of the following cases exists:

(1) The jurisdiction of the court or officer has been exceeded, either as to matter, place, sum or person.

(2) The original imprisonment was lawful, yet by some act, omission or event which has taken place afterwards, the party has become entitled to be discharged.

(3) The order or process is defective in some matter of substance required by law, rendering the same void.

(4) The order or process, though in proper form, has been issued in a case not allowed by law.

(5) The person having the custody of the prisoner under such order or process is not the person empowered by law to detain the prisoner.

(6) The order or process is not authorized by any judgment of any court, nor by any provision of law. [Amended by 2003 c.576 §315]

Source: Section 34.610 — Grounds for discharge of prisoner in custody under order or civil process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.720 — OR Code / Title 3 / Chapter 36 / Section 36.720
36.720 Jurisdiction
Status: in_force

(1) A court having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.

(2) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) . [2003 c.598 §26]

Note: See note under 36.600 (Definitions) .

Source: Section 36.720 — Jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 37.320 — OR Code / Title 3 / Chapter 37 / Section 37.320
37.320 Participation of creditors and other interested persons in receivership
Status: in_force

(1) Any interested person may appear in a receivership, either in person or by an attorney. Before appearing in the receivership, an interested person who is not party to the receivership must file with the court a written notice of appearance, including the name and mailing address of the interested person, and the name and address of the person’s attorney, if any, and serve a copy of the notice upon the receiver. A creditor or other interested person may be heard with respect to all matters affecting the person, whether or not the person is joined as a party to the receivership.

(2) Persons who receive notice of the pendency of a receivership, whether actual or constructive, and creditors or other persons submitting written claims in the receivership or otherwise appearing and participating in the receivership, are bound by the acts of the receiver with respect to management and disposition of estate property, regardless of whether they are formally joined as parties to the receivership.

(3) Any person having a claim against or interest in estate property and having actual or constructive knowledge of the receivership is bound by acts of the receiver or orders of the court with respect to the treatment of claims and disposition of estate property, including sales of property free and clear of liens, regardless of whether the person receives written notice from the receiver and regardless of whether the person appears in the receivership.

(4) A person duly notified by the receiver of a proposed act by the receiver is bound with respect to the act, regardless of whether the person objected to the act or is joined formally as a party in the receivership.

(5) As used in this section, “bound” means barred from bringing a motion or proceeding to contest an act or order, either within or outside of the receivership. [2017 c.358 §32]

Source: Section 37.320 — Participation of creditors and other interested persons in receivership; effect of receivership on nonparties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.265 — OR Code / Title 3 / Chapter 30 / Section 30.265
30.265 Scope of liability of public body, officers, employees and agents
Status: in_force

(1) Subject to the limitations of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , every public body is subject to civil action for its torts and those of its officers, employees and agents acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276.598 (Carpools or vanpools) .

(2) The sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 (Public body shall indemnify public officers) or 30.287 (Counsel for public officer) is an action under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) . The remedy provided by ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) is exclusive of any other action against any such officer, employee or agent of a public body whose act or omission within the scope of the officer’s, employee’s or agent’s employment or duties gives rise to the action. No other form of civil action is permitted.

(3) If an action under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) alleges damages in an amount equal to or less than the damages allowed under ORS 30.271 (Limitations on liability of state for personal injury and death) , 30.272 (Limitations on liability of local public bodies for personal injury and death) or 30.273 (Limitations on liability of public bodies for property damage or destruction) , the sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 (Public body shall indemnify public officers) or 30.287 (Counsel for public officer) is an action against the public body. If an action is filed against an officer, employee or agent of a public body, and the plaintiff alleges damages in an amount equal to or less than the damages allowed under ORS 30.271 (Limitations on liability of state for personal injury and death) , 30.272 (Limitations on liability of local public bodies for personal injury and death) or 30.273 (Limitations on liability of public bodies for property damage or destruction) , the court upon motion shall substitute the public body as the defendant. Substitution of the public body as the defendant does not exempt the public body from making any report required under ORS 742.400 (Duty to report claim of professional negligence to licensing board) .

(4) If an action under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) alleges damages in an amount greater than the damages allowed under ORS 30.271 (Limitations on liability of state for personal injury and death) , 30.272 (Limitations on liability of local public bodies for personal injury and death) or 30.273 (Limitations on liability of public bodies for property damage or destruction) , the action may be brought and maintained against an officer, employee or agent of a public body, whether or not the public body is also named as a defendant. An action brought under this subsection is subject to the limitations on damages imposed under ORS 30.271 (Limitations on liability of state for personal injury and death) , 30.272 (Limitations on liability of local public bodies for personal injury and death) or 30.273 (Limitations on liability of public bodies for property damage or destruction) , and the total combined amount recovered in the action may not exceed those limitations for a single accident or occurrence without regard to the number or types of defendants named in the action.

(5) Every public body is immune from liability for any claim for injury to or death of any person or injury to property resulting from an act or omission of an officer, employee or agent of a public body when such officer, employee or agent is immune from liability.

(6) Every public body and its officers, employees and agents acting within the scope of their employment or duties, or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276.598 (Carpools or vanpools) , are immune from liability for:

(a) Any claim for injury to or death of any person covered by any workers’ compensation law.

(b) Any claim in connection with the assessment and collection of taxes.

(c) Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.

(d) Any claim that is limited or barred by the provisions of any other statute, including but not limited to any statute of ultimate repose.

(e) Any claim arising out of riot, civil commotion or mob action or out of any act or omission in connection with the prevention of any of the foregoing.

(f) Any claim arising out of an act done or omitted under apparent authority of a law, resolution, rule or regulation that is unconstitutional, invalid or inapplicable except to the extent that they would have been liable had the law, resolution, rule or regulation been constitutional, valid and applicable, unless such act was done or omitted in bad faith or with malice.

(7) This section applies to any action of any officer, employee or agent of the state relating to a nuclear incident, whether or not the officer, employee or agent is acting within the scope of employment, and provided the nuclear incident is covered by an insurance or indemnity agreement under 42 U.S.C. 2210.

(8) Subsection (6)(c) of this section does not apply to any discretionary act that is found to be the cause or partial cause of a nuclear incident covered by an insurance or indemnity agreement under the provisions of 42 U.S.C. 2210, including but not limited to road design and route selection. [1967 c.627 §§2,3,10; 1969 c.429 §1; 1975 c.609 §12; 1977 c.823 §2; 1981 c.490 §4; 1985 c.731 §31; 1987 c.705 §7; 1991 c.861 §1; 2005 c.22 §19; 2007 c.803 §4; 2011 c.270 §1]

Source: Section 30.265 — Scope of liability of public body, officers, employees and agents; liability in nuclear incident , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.460 — OR Code / Title 3 / Chapter 36 / Section 36.460
36.460 Waiver of objection to arbitration
Status: in_force

(1) A party who knows that any provision of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) or of any requirement under the arbitration agreement that has not been complied with and yet proceeds with the arbitration without stating an objection to such noncompliance without undue delay or, if a time limit is provided for stating that objection, within that period of time, shall be deemed to have waived the right to object.

(2) For purposes of subsection (1) of this section, “any provision of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) ” means any provision of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) in respect of which the parties may otherwise agree. [1991 c.405 §7]

Source: Section 36.460 — Waiver of objection to arbitration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.430 — OR Code / Title 3 / Chapter 34 / Section 34.430
34.430 Defect of form
Status: in_force

The writ shall not be disobeyed for any defect of form. It is sufficient:

(1) If the officer or person having the custody of the person imprisoned or restrained is designated either by name of office, if the officer or person has any, or by the own name of the officer or person, or if both such names are unknown or uncertain, the officer or person may be described by an assumed appellation; and anyone who may be served with the writ is to be deemed the officer or person to whom it was directed, although it may be directed to the officer or person by a wrong name or description, or to another person.

(2) If the person who is directed to be produced is designated by name, or if the name of the person is uncertain or unknown, the person may be described in any other way, so as to designate the person intended.

Source: Section 34.430 — Defect of form; designation of persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.905 — OR Code / Title 3 / Chapter 30 / Section 30.905
30.905 Time limitation for commencement of action
Status: in_force

(1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.

(2) A product liability civil action for personal injury or property damage must be commenced before the later of:

(a) Ten years after the date on which the product was first purchased for use or consumption; or

(b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(3) Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 (Action for wrongful death) discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.

(4) A product liability civil action for death must be commenced before the earlier of:

(a) Three years after the death of the decedent;

(b) Ten years after the date on which the product was first purchased for use or consumption; or

(c) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(5) This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) , or of a prefabricated structure, as defined in ORS 455.010 (Definitions for ORS chapter 455) . Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135 (Action for damages from construction, alteration or repair of improvement to real property) . [1977 c.843 §3; 1983 c.143 §1; 1987 c.4 §1; 1993 c.259 §6; 2003 c.768 §1; 2009 c.485 §1]

Note: Section 2, chapter 485, Oregon Laws 2009, provides:

Sec. 2. The amendments to ORS 30.905 (Time limitation for commencement of action) by section 1 of this 2009 Act apply only to causes of action that arise on or after the effective date of this 2009 Act [January 1, 2010]. [2009 c.485 §2]

Source: Section 30.905 — Time limitation for commencement of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.282 — OR Code / Title 3 / Chapter 30 / Section 30.282
30.282 Local public body insurance
Status: in_force

(1) The governing body of any local public body may procure insurance against:

(a) Tort liability of the public body and its officers, employees and agents acting within the scope of their employment or duties; or

(b) Property damage.

(2) In addition to, or in lieu of procuring insurance, the governing body may establish a self-insurance program against the tort liability of the public body and its officers, employees and agents or against property damage. If the public body has authority to levy taxes, it may include in its levy an amount sufficient to establish and maintain a self-insurance program on an actuarially sound basis.

(3) Notwithstanding any other provision of law, two or more local public bodies may jointly provide by intergovernmental agreement for anything that subsections (1) and (2) of this section authorize individually.

(4) As an alternative or in addition to establishment of a self-insurance program or purchase of insurance or both, the governing body of any local public body and the Oregon Department of Administrative Services may contract for payment by the public body to the department of assessments determined by the department to be sufficient, on an actuarially sound basis, to cover the potential liability of the public body and its officers, employees or agents acting within the scope of their employment or duties under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , and costs of administration, or to cover any portion of potential liability, and for payment by the department of valid claims against the public body and its officers, employees and agents acting within the scope of their employment or duties. The department may provide the public body evidence of insurance by issuance of a certificate or policy.

(5) Assessments paid to the department under subsection (4) of this section shall be paid into the Insurance Fund created under ORS 278.425 (Insurance Fund) , and claims paid and administrative costs incurred under subsection (4) of this section shall be paid out of the Insurance Fund, and moneys in the Insurance Fund are continuously appropriated for those purposes. When notice of any claim is furnished as provided in the agreement, the claim shall be handled and paid, if appropriate, in the same manner as a claim against a state agency, officer, employee or agent, without regard to the amount the local public body has been assessed.

(6) A self-insurance program established by three or more public bodies under subsections (2) and (3) of this section is subject to the following requirements:

(a) The annual contributions to the program must amount in the aggregate to at least $1 million.

(b) The program must provide documentation that defines program benefits and administration.

(c) Program contributions and reserves must be held in separate accounts and used for the exclusive benefit of the program, the contributing public bodies or any other program of self-insurance of which at least one of the contributing public bodies is a member.

(d) The program must maintain adequate reserves. Reserve adequacy shall be calculated annually with proper actuarial calculations including the following:

(A) Known claims, paid and outstanding;

(B) Estimate of incurred but not reported claims;

(C) Claims handling expenses;

(D) Unearned contributions; and

(E) A claims trend factor.

(e) The program must maintain an unallocated reserve account equal to 25 percent of annual contributions, or $250,000, whichever is greater. As used in this paragraph, “unallocated reserves” means the amount of funds determined by a licensed independent actuary to be greater than what is required to fund outstanding claim liabilities, including an estimate of claims incurred but not reported.

(f) The program must make an annual independently audited financial statement available to the participants of the program.

(g) The program must maintain adequate excess or reinsurance against the risk of economic loss.

(h) The program, a third party administrator or an owner of a third party administrator may not collect commissions or fees from an insurer.

(7) A program operated under subsection (6) of this section that fails to meet any of the listed requirements for a period longer than 30 consecutive days shall be dissolved and any unallocated reserves returned in proportional amounts based on the contributions of the public body to the public bodies that established the program within 90 days of the failure.

(8) A local public body may bring an action against a program operated under subsection (6) of this section if the program fails to comply with the requirements listed in subsection (6) of this section. [1975 c.609 §19; 1977 c.428 §1; 1981 c.109 §4; 1985 c.731 §21; 2005 c.175 §2; 2009 c.67 §19; 2023 c.230 §1]

Source: Section 30.282 — Local public body insurance; self-insurance program; action against program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.610 — OR Code / Title 3 / Chapter 31 / Section 31.610
31.610 Liability of defendants several only
Status: in_force

(1) Except as otherwise provided in this section, in any civil action arising out of bodily injury, death or property damage, including claims for emotional injury or distress, loss of care, comfort, companionship and society, and loss of consortium, the liability of each defendant for damages awarded to plaintiff shall be several only and shall not be joint.

(2) In any action described in subsection (1) of this section, the court shall determine the award of damages to each claimant in accordance with the percentages of fault determined by the trier of fact under ORS 31.605 (Special questions to trier of fact) and shall enter judgment against each party determined to be liable. The court shall enter a judgment in favor of the plaintiff against any third party defendant who is found to be liable in any degree, even if the plaintiff did not make a direct claim against the third party defendant. The several liability of each defendant and third party defendant shall be set out separately in the judgment, based on the percentages of fault determined by the trier of fact under ORS 31.605 (Special questions to trier of fact) . The court shall calculate and state in the judgment a monetary amount reflecting the share of the obligation of each person specified in ORS 31.600 (Contributory negligence not bar to recovery) (2). Each person’s share of the obligation shall be equal to the total amount of the damages found by the trier of fact, with no reduction for amounts paid in settlement of the claim or by way of contribution, multiplied by the percentage of fault determined for the person by the trier of fact under ORS 31.605 (Special questions to trier of fact) .

(3) Upon motion made not later than one year after judgment has become final by lapse of time for appeal or after appellate review, the court shall determine whether all or part of a party’s share of the obligation determined under subsection (2) of this section is uncollectible. If the court determines that all or part of any party’s share of the obligation is uncollectible, the court shall reallocate any uncollectible share among the other parties. The reallocation shall be made on the basis of each party’s respective percentage of fault determined by the trier of fact under ORS 31.605 (Special questions to trier of fact) . The claimant’s share of the reallocation shall be based on any percentage of fault determined to be attributable to the claimant by the trier of fact under ORS 31.605 (Special questions to trier of fact) , plus any percentage of fault attributable to a person who has settled with the claimant. Reallocation of obligations under this subsection does not affect any right to contribution from the party whose share of the obligation is determined to be uncollectible. Unless the party has entered into a covenant not to sue or not to enforce a judgment with the claimant, reallocation under this subsection does not affect continuing liability on the judgment to the claimant by the party whose share of the obligation is determined to be uncollectible.

(4) Notwithstanding subsection (3) of this section, a party’s share of the obligation to a claimant may not be increased by reason of reallocation under subsection (3) of this section if:

(a) The percentage of fault of the claimant is equal to or greater than the percentage of fault of the party as determined by the trier of fact under ORS 31.605 (Special questions to trier of fact) ; or

(b) The percentage of fault of the party is 25 percent or less as determined by the trier of fact under ORS 31.605 (Special questions to trier of fact) .

(5) If any party’s share of the obligation to a claimant is not increased by reason of the application of subsection (4) of this section, the amount of that party’s share of the reallocation shall be considered uncollectible and shall be reallocated among all other parties who are not subject to subsection (4) of this section, including the claimant, in the same manner as otherwise provided for reallocation under subsection (3) of this section.

(6) This section does not apply to:

(a) A civil action resulting from the violation of a standard established by Oregon or federal statute, rule or regulation for the spill, release or disposal of any hazardous waste, as defined in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) , hazardous substance, as defined in ORS 453.005 (Definitions for ORS 453.005 to 453.135) or radioactive waste, as defined in ORS 469.300 (Definitions) .

(b) A civil action resulting from the violation of Oregon or federal standards for air pollution, as defined in ORS 468A.005 (Definitions for air pollution laws) or water pollution, as defined in ORS 468B.005 (Definitions for water pollution control laws) . [Formerly 18.485]

Source: Section 31.610 — Liability of defendants several only; determination of defendants’ shares of monetary obligation; reallocation of uncollectible obligation; parties exempt from reallocation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 34.250 — OR Code / Title 3 / Chapter 34 / Section 34.250
34.250 Certain mandamus proceedings under Supreme Court’s original jurisdiction
Status: in_force

(1) The provisions of this section apply only to the exercise of the Supreme Court’s original jurisdiction in mandamus proceedings that challenge the actions of judges in particular cases in the circuit courts, the Oregon Tax Court or the Court of Appeals. The provisions of this section do not apply to the exercise of the Supreme Court’s original jurisdiction in mandamus proceedings that challenge the administrative action of a judge or court, or that challenge other action of a judge or court that is of an institutional nature. To the extent that any provision of ORS 34.105 (Definitions for ORS 34.105 to 34.240) to 34.240 (Appeal) is inconsistent with the provisions of this section, the provisions of this section govern in mandamus proceedings subject to this section.

(2) The case title of a petition in a mandamus proceeding that is subject to this section must be the same as the case title of the proceeding in the lower court, except that the relator must be designated as “relator” in addition to the relator’s designation in the lower court, and any party who is adverse to the relator must be designated as “adverse party” in addition to that party’s designation in the lower court. The petition must not name as a party to the mandamus proceeding the lower court or the judge whose action is challenged.

(3) The relator must serve a copy of the petition on all parties who have appeared in the lower court case and on the judge or court whose action is being challenged.

(4) The judge or court whose action is challenged in the mandamus proceeding may seek to intervene in the mandamus proceeding if the judge or court wishes to assert an interest separate from the parties. If the Supreme Court allows the judge or court to intervene, the judge or court shall be designated as “intervenor” in the mandamus proceeding.

(5) If the Supreme Court elects to issue an alternative writ of mandamus, the Supreme Court shall issue an order allowing the petition. The order may be issued in combination with the alternative writ of mandamus. The State Court Administrator shall mail copies of the Supreme Court’s order and alternative writ of mandamus to the relator, to the adverse party, to any intervenor, and to the judge or court whose action is challenged in the petition. Proof of service of an alternative writ need not be filed with the Supreme Court, and the judge or court to which the writ is issued need not file a return unless the alternative writ specifically requires a return.

(6) At any time after the filing of the petition for writ of mandamus or issuance of the alternative writ of mandamus, if the judge or court whose action is being challenged performs the act sought in the petition or required by the alternative writ, the relator shall notify the Supreme Court that the judge or court has complied. The judge, the court, or any other party to the lower court case may also give notice to the Supreme Court of the compliance. On motion of any party or on its own motion, the Supreme Court may dismiss a mandamus proceeding after receiving the notice provided for in this subsection.

(7) If the judge or court to whom the alternative writ of mandamus is directed does not perform the act required by the writ, the mandamus proceeding will proceed to briefing and oral argument as provided in the rules of the Supreme Court or as directed by the Supreme Court. An answer or other responsive pleading need not be filed by any party to the proceeding unless the alternative writ specifically requires the filing of an answer or other responsive pleading.

(8) If the Supreme Court has determined that the relator is entitled to a peremptory writ of mandamus, the court shall direct the State Court Administrator to issue a peremptory writ of mandamus. The peremptory writ of mandamus may be combined with the appellate judgment. If a combined peremptory writ of mandamus and an appellate judgment issue, the relator need not file proof of service of the writ with the court, and the judge or court to which the writ is issued need not file a return showing compliance with the writ.

(9) The State Court Administrator shall issue an appellate judgment showing the Supreme Court’s disposition of the matter, as provided in the rules of the Supreme Court, if:

(a) The court has issued an alternative or peremptory writ of mandamus, the mandamus proceeding is concluded and all issues in the proceeding have been decided; or

(b) The court has not issued a writ of mandamus, but the court has awarded costs and disbursements or attorney fees in the proceeding. [1997 c.388 §2]

Source: Section 34.250 — Certain mandamus proceedings under Supreme Court’s original jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.530 — OR Code / Title 3 / Chapter 30 / Section 30.530
30.530 Determining right of person claiming an office or franchise
Status: in_force

Whenever an action is brought against a person for any of the causes specified in ORS 30.510 (Action for usurpation of office or franchise, forfeiture of office or failure to incorporate) (1), the district attorney, in addition to the statement of the cause of action, may separately set forth in the complaint the name of the person rightfully entitled to the office or franchise, with a statement of the facts constituting the right of the person thereto. In such case, judgment may be given upon the right of the defendant, and also upon the right of the person so alleged to be entitled, or only upon the right of the defendant, as justice may require.

Source: Section 30.530 — Determining right of person claiming an office or franchise , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.462 — OR Code / Title 3 / Chapter 36 / Section 36.462
36.462 Prohibition on intervention by court
Status: in_force

In matters governed by ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) , no court shall intervene except where so provided in ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) or in applicable federal law. [1991 c.405 §8]

Source: Section 36.462 — Prohibition on intervention by court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.990 — OR Code / Title 3 / Chapter 30 / Section 30.990
30.990 Operators required to give skiers notice of duties
Status: in_force

Ski area operators shall give notice to skiers of their duties under ORS 30.985 (Duties of skiers) in a manner reasonably calculated to inform skiers of those duties. [1979 c.665 §5]

ACTIONS AGAINST SCHOOLS RELATED TO COVID-19

(Temporary provisions relating to actions against schools related to COVID-19)

Note: Sections 1, 2, 3 and 6 (1), chapter 4, Oregon Laws 2020 (third special session), provide:

Sec. 1. Definitions. As used in sections 1 to 3 of this 2020 third special session Act:

(1) “COVID-19 emergency rule” means an executive order, order of the Superintendent of Public Instruction, declaration, directive or other state or federal authorization, policy, statement, guidance, rule or regulation that creates a standard or waives, suspends or modifies otherwise applicable state or federal law, regulations or standards regarding the rendering of education services.

(2) “Education program” means programs or activities operated on school property and any school program or activity operated on or off school property.

(3) “School” means a common school district, a union high school district, an education service district, a public charter school, a private school providing instruction to any grade from kindergarten through grade 12 or a community college district. [2020 s.s.3 c.4 §1] Sec. 2. Limitation of liability. (1) A person may not bring a claim for damages related to COVID-19 infection suffered as a result of acts or omissions performed by a school:

(a) In the course of operating an education program; and

(b) When the school is operating in compliance with COVID-19 emergency rules in effect at the time of the act or omission.

(2) A person engaged in activities on school property that are not operated by a school may not bring a claim against the school for damages related to COVID-19 infection.

(3) The immunity provided by this section does not apply to reckless, wanton or intentional misconduct.

(4) This section does not limit any other cause of action or remedy available to an injured party, including but not limited to the following claims:

(a) Claims subject to ORS chapter 654;

(b) Claims subject to ORS chapter 656;

(c) Claims under state and federal leave and wage and hour laws and state and federal laws prohibiting discrimination and retaliation; and

(d) Claims under state and federal specialized instruction laws. [2020 s.s.3 c.4 §2]

Sec. 3. Motion to strike. (1) A school may move at any time to strike a claim in a civil action that is barred by section 2 of this 2020 third special session Act. A motion to strike under this section shall be treated as a motion to dismiss under ORCP 21 A but is not subject to ORCP 21 F. Upon granting a motion under this section, the court shall enter a judgment of dismissal without prejudice. If the court denies a motion under this section, the court shall enter a limited judgment denying the motion.

(2) Intentionally left blank —Ed.

(a) A school that moves to strike a claim under this section has the initial burden of making a prima facie showing that the claim is barred under section 2 of this 2020 third special session Act.

(b) If the school meets the burden under paragraph (a) of this subsection, the burden shifts to the plaintiff in the action to establish that a genuine issue of material fact exists that the claim is not barred under section 2 of this 2020 third special session Act. If the plaintiff meets the burden under this paragraph, the court shall deny the motion.

(c) The court shall consider only the pleadings and supporting and opposing affidavits in determining whether a genuine issue of material fact exists. If the court determines that a genuine issue of material fact exists:

(A) The fact that the determination has been made and the substance of the determination may not be admitted in evidence at any later stage of the case; and

(B) The determination does not affect the burden of proof or standard of proof that is applied in the proceeding. [2020 s.s.3 c.4 §3]

Source: Section 30.990 — Operators required to give skiers notice of duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.370 — OR Code / Title 3 / Chapter 31 / Section 31.370
31.370 Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police
Status: in_force

(1) In a claim for negligence based on the defendant’s failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State Police.

(2) A criminal records check conducted through the Law Enforcement Data System meets the requirements of this section. [2019 c.424 §2]

Source: Section 31.370 — Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.625 — OR Code / Title 3 / Chapter 36 / Section 36.625
36.625 Petition to compel or stay arbitration
Status: in_force

(1) On petition of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement:

(a) If the refusing party does not appear or does not oppose the petition, the court shall order the parties to arbitrate; and

(b) If the refusing party opposes the petition, the court shall proceed summarily to decide the issue as provided in subsection (8) of this section and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

(2) On petition of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue as provided in subsection (8) of this section. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

(3) If the court finds that there is no enforceable agreement to arbitrate, it may not order the parties to arbitrate pursuant to subsection (1) or (2) of this section.

(4) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

(5) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a petition under this section must be made in that court. Otherwise, a petition under this section may be made in any court as provided in ORS 36.725 (Venue) .

(6) If a party makes a petition to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

(7) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.

(8) A judge shall decide all issues raised under a petition filed under ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) unless there is a constitutional right to jury trial on the issue. If there is a constitutional right to jury trial on an issue, the issue shall be tried to a jury upon the request of any party to the proceeding. [2003 c.598 §7]

Note: See note under 36.600 (Definitions) .

Source: Section 36.625 — Petition to compel or stay arbitration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.765 — OR Code / Title 3 / Chapter 30 / Section 30.765
30.765 Liability of parents for tort by child
Status: in_force

(1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for actual damages to person or property caused by any tort intentionally or recklessly committed by such child. However, a parent who is not entitled to legal custody of the minor child at the time of the intentional or reckless tort shall not be liable for such damages.

(2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $7,500, payable to the same claimant, for one or more acts.

(3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.

(4) Nothing in subsections (1) to (3) of this section applies to foster parents. [1975 c.712 §§1,4; 1977 c.419 §1; 1991 c.968 §5]

Source: Section 30.765 — Liability of parents for tort by child; effect on foster parents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.660 — OR Code / Title 3 / Chapter 36 / Section 36.660
36.660 Immunity of arbitrator
Status: in_force

(1) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.

(2) The immunity afforded by this section supplements any immunity under other law.

(3) The failure of an arbitrator to make a disclosure required by ORS 36.650 (Disclosure by arbitrator) does not cause any loss of immunity under this section.

(4) In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:

(a) To the extent necessary to determine the claim of an arbitrator, arbitration organization or representative of the arbitration organization against a party to the arbitration proceeding; or

(b) To a hearing on a petition to vacate an award under ORS 36.705 (Vacating award) (1)(a) or (b) if the petitioner establishes prima facie that a ground for vacating the award exists.

(5) If a person commences a civil action against an arbitrator, arbitration organization or representative of an arbitration organization arising from the services of the arbitrator, organization or representative, or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (4) of this section, and the court decides that the arbitrator, arbitration organization or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization or representative reasonable attorney fees. [2003 c.598 §14]

Note: See note under 36.600 (Definitions) .

Source: Section 36.660 — Immunity of arbitrator; competency to testify; attorney fees and costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.864 — OR Code / Title 3 / Chapter 30 / Section 30.864
30.864 Action for disclosure of certain education records
Status: in_force

(1) Any person claiming to be aggrieved by the reckless disclosure of personally identifiable information from a student’s education records as prohibited by standards issued by the State Board of Education or the governing board of a public university listed in ORS 352.002 (Public universities) may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS 30.265 (Scope of liability of public body, officers, employees and agents) to 30.300 (ORS 30.260 to 30.300 exclusive) , for damages, or both. The court may order such other relief as may be appropriate.

(2) The action authorized by this section shall be filed within two years of the alleged unlawful disclosure.

(3) In an action brought under this section, the court may allow the prevailing party costs, disbursements and reasonable attorney fees. [1993 c.806 §8; 1995 c.618 §30; 2013 c.768 §102; 2015 c.767 §45]

Source: Section 30.864 — Action for disclosure of certain education records; limitation of action; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.297 — OR Code / Title 3 / Chapter 30 / Section 30.297
30.297 Liability of certain state agencies for damages caused by foster child or adjudicated youth
Status: in_force

(1) Notwithstanding ORS 125.235 (Liability of fiduciary) , the Department of Human Services is liable for damages resulting from the intentional torts of a foster child who is residing in:

(a) A foster home that has been certified by the department under the provisions of ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department) , even though the child is temporarily absent from that home;

(b) An approved home that is receiving payment from the department under the provisions of ORS 418.027 (Agreements for custody, care or treatment) or under the provisions of ORS 420.810 (Placement of youths in foster homes) and 420.815 (Placement agreements with persons or families) , even though the child is temporarily absent from that home; or

(c) A developmental disability child foster home that has been certified by the department under the provisions of ORS 443.830 (Definitions for ORS 443.830 and 443.835) and 443.835 (Certificate required) , even though the foster child is temporarily absent from that home.

(2) Notwithstanding ORS 125.235 (Liability of fiduciary) , the Oregon Youth Authority is liable for damages resulting from the intentional torts of an adjudicated youth who is residing in an adjudicated youth foster home that has been certified by the authority under the provisions of ORS 420.888 (Definitions for ORS 420.888 to 420.892) to 420.892 (Certification standards) , even though the adjudicated youth is temporarily absent from that home.

(3) Except as otherwise provided in this section, the liability of the department and the authority under this section is subject to the same requirements and limitations provided in ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , and a claim under this section shall be treated as a claim for damages within the scope of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) for the purposes of ORS 278.120 (Claims management) .

(4) Notwithstanding subsections (1) and (2) of this section:

(a) The department and the authority are not liable for any damages arising out of the operation of a motor vehicle by a foster child or adjudicated youth; and

(b) The department and the authority are only liable for theft by a foster child or adjudicated youth upon a showing by clear and convincing evidence that the foster child or adjudicated youth committed the theft.

(5) For the purposes of this section:

(a) “Adjudicated youth” has the meaning given in ORS 419A.004 (Definitions) .

(b) “Authority” means the Oregon Youth Authority.

(c) “Department” means the Department of Human Services.

(d) “Foster child” means:

(A) A minor child under the custody or guardianship of the department by reason of appointment pursuant to ORS chapter 125, 419A, 419B or 419C;

(B) A minor child under the physical custody of the department pursuant to a voluntary agreement with the parent under ORS 418.015 (Custody and care of needy children by department) (1);

(C) A minor child placed in a certified foster home, pending hearing, by any person authorized by the department to make that placement;

(D) A person under 21 years of age who has been placed in an approved home that is receiving payment from the department under the provisions of ORS 418.027 (Agreements for custody, care or treatment) or under the provisions of ORS 420.810 (Placement of youths in foster homes) and 420.815 (Placement agreements with persons or families) ; or

(E) A child residing in a developmental disability child foster home certified under ORS 443.830 (Definitions for ORS 443.830 and 443.835) and 443.835 (Certificate required) . [1991 c.756 §2; 1993 c.33 §370; 1995 c.664 §76; 1997 c.130 §1; 1999 c.316 §6; 2001 c.900 §10; 2003 c.232 §1; 2005 c.374 §4; 2021 c.489 §7]

Note: 30.297 (Liability of certain state agencies for damages caused by foster child or adjudicated youth) and 30.298 (Liability of certain state agencies to foster parents for injury or damage caused by foster child or adjudicated youth) were added to and made a part of 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 30.297 — Liability of certain state agencies for damages caused by foster child or adjudicated youth; conditions; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.695 — OR Code / Title 3 / Chapter 36 / Section 36.695
36.695 Remedies
Status: in_force

(1) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.

(2) An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration as may be specified in the arbitration agreement if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.

(3) As to all remedies other than those authorized by subsections (1) and (2) of this section, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under ORS 36.700 (Confirmation of award) or for vacating an award under ORS 36.705 (Vacating award) .

(4) An arbitrator’s expenses and fees, together with other expenses, must be paid as provided in the award.

(5) If an arbitrator awards punitive damages or other exemplary relief under subsection (1) of this section, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief. [2003 c.598 §21]

Note: See note under 36.600 (Definitions) .

Source: Section 36.695 — Remedies; fees and expenses of arbitration proceeding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.625 — OR Code / Title 3 / Chapter 35 / Section 35.625
35.625 Procedure to ascertain compensation and damages
Status: in_force

If private property is appropriated for the public use as authorized by ORS 35.605 (Authorization to acquire adjoining property for roadways) , and the compensation and damages arising from the appropriation cannot be agreed upon, the appropriation shall be made and the compensation and damages shall be considered, ascertained, determined, awarded and paid in the manner provided by this chapter. [Formerly 281.550]

Source: Section 35.625 — Procedure to ascertain compensation and damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 36.730 — OR Code / Title 3 / Chapter 36 / Section 36.730
36.730 Appeals
Status: in_force

(1) An appeal may be taken from:

(a) An order denying a petition to compel arbitration.

(b) An order granting a petition to stay arbitration.

(c) A judgment entered pursuant to ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) , including but not limited to a judgment:

(A) Confirming or denying confirmation of an award.

(B) Modifying or correcting an award.

(C) Vacating an award without directing a rehearing.

(2) An appeal under this section must be taken as provided in ORS chapter 19. [2003 c.598 §28]

Note: See note under 36.600 (Definitions) .

Source: Section 36.730 — Appeals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.490 — OR Code / Title 3 / Chapter 36 / Section 36.490
36.490 Procedures subject to agreement by parties
Status: in_force

(1) Subject to the provisions of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) , the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.

(2) If the parties fail to agree, subject to the provisions of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) , the arbitral tribunal may conduct the arbitration in such a manner as it considers appropriate.

(3) The power of the arbitral tribunal under subsection (2) of this section includes the power to determine the admissibility, relevance, materiality and weight of any evidence. [1991 c.405 §22]

Source: Section 36.490 — Procedures subject to agreement by parties; procedure in absence of agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.495 — OR Code / Title 3 / Chapter 30 / Section 30.495
30.495 Exceptions to limitation
Status: in_force

The immunity provided in ORS 30.492 (Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material) shall not apply to any person:

(1) Whose act or omission caused in whole or in part the actual or threatened discharge and who would otherwise be liable for the damages; or

(2) Who receives compensation other than reimbursement for expenses for the person’s service in rendering such assistance or advice. [1985 c.376 §3]

Source: Section 30.495 — Exceptions to limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.725 — OR Code / Title 3 / Chapter 31 / Section 31.725
31.725 Pleading punitive damages
Status: in_force

(1) A pleading in a civil action may not contain a request for an award of punitive damages except as provided in this section.

(2) At the time of filing a pleading with the court, the pleading may not contain a request for an award of punitive damages. At any time after the pleading is filed, a party may move the court to allow the party to amend the pleading to assert a claim for punitive damages. The party making the motion may submit affidavits and documentation supporting the claim for punitive damages. The party or parties opposing the motion may submit opposing affidavits and documentation.

(3) The court shall deny a motion to amend a pleading made under the provisions of this section if:

(a) The court determines that the affidavits and supporting documentation submitted by the party seeking punitive damages fail to set forth specific facts supported by admissible evidence adequate to avoid the granting of a motion for a directed verdict to the party opposing the motion on the issue of punitive damages in a trial of the matter; or

(b) The party opposing the motion establishes that the timing of the motion to amend prejudices the party’s ability to defend against the claim for punitive damages.

(4) The court may grant a continuance on a motion under this section to allow a party opposing the motion to conduct such discovery as is necessary to establish one of the grounds for denial of the motion specified in subsection (3) of this section. If the court grants the motion, the court may continue the action to allow such discovery as the defendant may require to defend against the claim for punitive damages.

(5) Subject to subsection (4) of this section, the court shall conduct a hearing on a motion filed under this section not more than 30 days after the motion is filed and served. The court shall issue a decision within 10 days after the hearing. If no decision is issued within 10 days, the motion shall be considered denied.

(6) Discovery of evidence of a defendant’s ability to pay shall not be allowed by a court unless and until the court grants a motion to amend a pleading under this section. [Formerly 18.535]

Source: Section 31.725 — Pleading punitive damages; motion to amend pleading to assert claim for punitive damages; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.256 — OR Code / Title 3 / Chapter 36 / Section 36.256
36.256 Request for mediation services
Status: in_force

(1) The State Department of Agriculture may accept a request for mediation under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) of a dispute directly related to activities of the department or agricultural issues under the jurisdiction of the department from:

(a) A person engaged in the production of livestock, poultry, field crops, fruit, dairy, fur-bearing animals, Christmas trees, vermiculture products, food fish or other animal and vegetable matter; or

(b) Any other person at the discretion of the department.

(2) A person may request mediation by submitting the request to the department on a form provided by the department. A mediation request must include:

(a) The name and address of each party to the dispute;

(b) The name of each party’s legal representative, if applicable; and

(c) Any additional information the department may require.

(3) ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) do not require a person to engage or continue in the mediation of any dispute. Mediation under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) is voluntary for all parties to the dispute, and if the parties agree to engage in mediation, any party may at any time withdraw from mediation.

(4) The submission of a request for mediation does not operate to stay, impede or delay in any manner the commencement, prosecution or defense of any action or proceeding by any person. [1989 c.967 §5; 1995 c.277 §6; 1997 c.631 §566; 2005 c.22 §29; 2015 c.27 §2; 2015 c.202 §4]

Note: See note under 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) .

Source: Section 36.256 — Request for mediation services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.705 — OR Code / Title 3 / Chapter 36 / Section 36.705
36.705 Vacating award
Status: in_force

(1) Upon petition to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:

(a) The award was procured by corruption, fraud or other undue means;

(b) There was:

(A) Evident partiality by an arbitrator appointed as a neutral arbitrator;

(B) Corruption by an arbitrator; or

(C) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to ORS 36.665 (Arbitration process) so as to prejudice substantially the rights of a party to the arbitration proceeding;

(d) An arbitrator exceeded the arbitrator’s powers;

(e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising an objection under ORS 36.665 (Arbitration process) (3) not later than the beginning of the arbitration hearing; or

(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in ORS 36.635 (Initiation of arbitration) so as to prejudice substantially the rights of a party to the arbitration proceeding.

(2) A petition under this section must be filed within 20 days after the petitioner is served with a petition for confirmation of an award under ORS 36.700 (Confirmation of award) , unless the petitioner alleges that the award was procured by corruption, fraud or other undue means. If the petitioner alleges that the award was procured by corruption, fraud or other undue means, a petition under this section must be filed within 90 days after the grounds for challenging the award are known or, by the exercise of reasonable care, would have been known by the petitioner. A party filing a petition under this section must serve a copy of the petition on all other parties to the proceedings.

(3) If the court vacates an award on a ground other than that set forth in subsection (1)(e) of this section, it may order a rehearing. If the award is vacated on a ground stated in subsection (1)(a) or (b) of this section, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d) or (f) of this section, the rehearing may be before the arbitrator who made the award or before any successor appointed for that arbitrator. The arbitrator must render the decision in the rehearing within the same time as that provided for an award in ORS 36.685 (Award) (2).

(4) If the court denies a petition to vacate an award, it shall confirm the award unless a petition to modify or correct the award is pending. [2003 c.598 §23]

Note: See note under 36.600 (Definitions) .

Source: Section 36.705 — Vacating award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.180 — OR Code / Title 3 / Chapter 30 / Section 30.180
30.180 Definitions for ORS 30.180 to 30.186
Status: in_force

As used in ORS 30.180 (Definitions for ORS 30.180 to 30.186) to 30.186 (Remedies not exclusive) :

(1) “Customer” means the person in whose name a utility service is provided.

(2) “Divert” means to change the intended course or path of the utility service without the authorization or consent of the utility.

(3) “Person” means any individual, partnership, firm, association, corporation or government agency.

(4) “Reconnection” means the commencement of utility service to a customer or other person after service has been lawfully disconnected by the utility.

(5) “Tamper” means to rearrange, injure, alter, interfere with or otherwise prevent from performing the normal or customary function.

(6) “Utility” means a private corporation, a municipal corporation or an agency thereof, any other public corporation or any district that provides electricity, gas, water, telephone or cable television to customers on a retail or wholesale basis.

(7) “Utility service” means the provision of electricity, gas, water, telephone, cable television, electronic communications, steam or any other service or commodity furnished by the utility for compensation. [1989 c.670 §3]

Source: Section 30.180 — Definitions for ORS 30.180 to 30.186 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.070 — OR Code / Title 3 / Chapter 37 / Section 37.070
37.070 Eligibility to serve as receiver
Status: in_force

(1) Any person, whether or not a resident of this state, may serve as a receiver, except for:

(a) An entity that is not authorized to conduct business in this state;

(b) A person who has been convicted of a crime involving moral turpitude, or is controlled by a person who has been convicted of a crime involving moral turpitude; and

(c) The sheriff of any county, except as expressly permitted by statute.

(2) If a court appoints an entity as a receiver, the court may require a specific individual to appear in the receivership on behalf of the entity. [2017 c.358 §7]

Source: Section 37.070 — Eligibility to serve as receiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 35.315 — OR Code / Title 3 / Chapter 35 / Section 35.315
35.315 View of property by order of court
Status: in_force

If motion is made by either party before the formation of the jury, the court shall order a view of the property in question. Upon the return of the jury, the evidence of the parties may be heard and the verdict of the jury given. [1971 c.741 §15; 2007 c.71 §11]

Source: Section 35.315 — View of property by order of court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 36.620 — OR Code / Title 3 / Chapter 36 / Section 36.620
36.620 Validity of agreement to arbitrate
Status: in_force

(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.

(2) Subject to ORS 36.625 (Petition to compel or stay arbitration) (8), the court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

(3) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled.

(4) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

(5) A written arbitration agreement entered into between an employer and employee and otherwise valid under subsection (1) of this section is voidable and may not be enforced by a court unless:

(a) At least 72 hours before the first day of the employee’s employment, the employee has received notice in a written employment offer from the employer that an arbitration agreement is required as a condition of employment, and the employee has been provided with the required arbitration agreement that meets the requirements of, and includes the acknowledgment set forth in, subsection (6) of this section; or

(b) The arbitration agreement is entered into upon a subsequent bona fide advancement of the employee by the employer.

(6) The acknowledgment required by subsection (5) of this section must be signed by the employee and must include the following language in boldfaced type:

I acknowledge that I have received and read or have had the opportunity to read this arbitration agreement. I understand that this arbitration agreement requires that disputes that involve the matters subject to the agreement be submitted to mediation or arbitration pursuant to the arbitration agreement rather than to a judge and jury in court.

[2003 c.598 §6; 2007 c.902 §1; 2011 c.489 §1]

Note: Section 2, chapter 489, Oregon Laws 2011, provides:

Sec. 2. The amendments to ORS 36.620 (Validity of agreement to arbitrate) by section 1 of this 2011 Act apply to arbitration agreements entered into on or after the effective date of this 2011 Act [January 1, 2012]. [2011 c.489 §2]

Note: See note under 36.600 (Definitions) .

Source: Section 36.620 — Validity of agreement to arbitrate; form of acknowledgment of agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 33.865 — OR Code / Title 3 / Chapter 33 / Section 33.865
33.865 Required findings by court or responsible administrative authority
Status: in_force

(1) A transfer of payment rights under ORS 33.850 (Definitions for ORS 33.850 to 33.875) to 33.875 (Limitations on transfers) is not effective and an obligor or annuity issuer is not required to make any payments directly or indirectly to a transferee unless the transferee has filed a petition under ORS 33.857 (Contents of petition) and the transfer is approved by the court or responsible administrative authority based on express findings by the court or authority that:

(a) The transfer is in the best interest of the payee, taking into account the welfare and support of all persons for whom the payee is legally obligated to provide support.

(b) The payee has been advised in writing by the transferee to seek independent professional advice and the payee has either received independent professional advice regarding the transfer or knowingly waived independent professional advice in writing.

(c) The transfer does not contravene any applicable statute or order of any court or other government authority.

(d) The payee understands the transfer agreement, the disclosure statement required under ORS 33.860 (Disclosure statement) and the financial terms of the transfer.

(e) The payee understands the payee’s right to cancel the transfer agreement as set forth in the disclosure statement required by ORS 33.860 (Disclosure statement) and knowingly elected not to cancel the transfer agreement.

(f) The payee confirmed to the court or responsible administrative authority at the hearing that the payee wanted the court or authority to approve the proposed transfer and understood that the court or authority would not approve the transfer if the payee did not want the court or authority to do so.

(2) When determining whether the proposed transfer should be approved, including whether the transfer agreement is fair, reasonable and in the payee’s best interest, the court or responsible administrative authority may consider all relevant information, including information contained in the petition and any other document that is filed with the court or authority and provided at the hearing. Relevant information that may be considered under this subsection includes, but is not limited to:

(a) The reasonable preference and desire of the payee to complete the proposed transfer, taking into account the payee’s age and apparent maturity level.

(b) The purpose of the transfer and the intended use of the proceeds by the payee.

(c) The payee’s financial situation.

(d) Whether the payee depends on the structured settlement payments that the payee proposes to transfer for the payee’s necessary living expenses or required medical care and treatment.

(e) Whether the payee is employed or employable.

(f) The terms of the transfer agreement, including whether the payee is transferring monthly or lump sum payments or all or a portion of the payee’s future payments, the size of the transaction and the financial alternatives available to the payee to achieve the payee’s stated objectives.

(g) Whether the payee has experienced a change in personal, family or financial circumstances.

(h) Whether the payee has income or support other than the future periodic payments sufficient to meet the payee’s future financial obligations for support of the payee’s dependents, including child support obligations.

(i) Whether the terms of the proposed transfer agreement, including the amount to be paid to the payee and the expenses and costs of the transfer for the payee and the transferee are fair and reasonable.

(j) Whether the payee has completed or attempted previous transfers of payment rights.

(k) Whether the payee, or the payee’s family or dependents, may suffer personal, family or financial hardship if the transfer is not approved.

(L) Whether the payee received independent professional advice regarding the transaction. [2005 c.173 §4; 2013 c.736 §7]

Source: Section 33.865 — Required findings by court or responsible administrative authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 31.180 — OR Code / Title 3 / Chapter 31 / Section 31.180
31.180 Certain felonious conduct of plaintiff complete defense in tort actions
Status: in_force

(1) It is a complete defense in any civil action for personal injury or wrongful death that:

(a) The person damaged was engaged in conduct at the time that would constitute aggravated murder, murder or a Class A or a Class B felony; and

(b) The felonious conduct was a substantial factor contributing to the injury or death.

(2) To establish the defense described in this section, the defendant must prove by a preponderance of the evidence the fact that the person damaged was engaged in conduct that would constitute aggravated murder, murder or a Class A or a Class B felony.

(3) Nothing in this section affects any right of action under 42 U.S.C. 1983.

(4) The defense established by this section is not available if the injury or death resulted from a springgun or other device described in ORS 166.320 (Setting springgun or setgun) and the plaintiff establishes by a preponderance of the evidence that the use of the springgun or other device constituted a violation of ORS 166.320 (Setting springgun or setgun) .

(5) The defense established by this section is not available if the injury or death resulted from the use of physical force that was not justifiable under the standards established by ORS 161.195 (“Justification” described) to 161.275 (Entrapment) . [Formerly 30.698]

Source: Section 31.180 — Certain felonious conduct of plaintiff complete defense in tort actions; proof; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.538 — OR Code / Title 3 / Chapter 36 / Section 36.538
36.538 Conciliation to act as stay of other proceedings
Status: in_force

(1) The agreement of the parties to submit a dispute to conciliation shall be deemed an agreement between or among those parties to stay all judicial or arbitral proceedings from the commencement of conciliation until the termination of conciliation proceedings.

(2) All applicable limitation periods, including periods of prescription, shall be tolled or extended upon the commencement of conciliation proceedings to conciliate a dispute under ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) and all limitation periods shall remain tolled and periods of prescription extended as to all parties to the conciliation proceedings until the 10th day following the termination of conciliation proceedings.

(3) For purposes of this section, conciliation proceedings are deemed to have commenced as soon as:

(a) A party has requested conciliation of a particular dispute or disputes; and

(b) The other party or parties agree to participate in the conciliation proceeding. [1991 c.405 §46]

Source: Section 36.538 — Conciliation to act as stay of other proceedings; tolling of limitation periods during conciliation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 37.290 — OR Code / Title 3 / Chapter 37 / Section 37.290
37.290 Actions by or against receiver or affecting estate property
Status: in_force

(1) A person may not sue a receiver personally for an act or omission in administering estate property unless permitted by the court that appointed the receiver.

(2) A person may not initiate or continue an action seeking to dispossess the receiver of any estate property or to otherwise interfere with the receiver’s management or control of any estate property unless permitted by the court that appointed the receiver.

(3) Actions by or against a receiver are adjunct to the receivership. All pleadings in adjunct actions must include the case number of the receivership. All adjunct actions shall be referred to the judge assigned to the receivership action, unless:

(a) The court does not have jurisdiction over the adjunct action; or

(b) The assignment would not promote judicial efficiency.

(4) If an action is filed against a receiver in a court in this state other than the court in which the receivership is pending, the court in which the action is filed shall transfer the action to the court in which the receivership is pending upon the receiver’s motion if the receiver files the motion within 30 days after service of original process upon the receiver. However, if a state agency is a party to the action, the action may not be transferred under this subsection unless the agency consents to the transfer.

(5) The receiver may be joined or substituted as a party in any action that was pending at the time of the receiver’s appointment and in which the owner is a party, upon motion by the receiver to the court or agency in which the action is pending.

(6) In case of the death, removal or resignation of the receiver, an action by or against a receiver continues by or against the successor receiver or, if a successor receiver is not appointed, by or against the owner.

(7) Whenever the assets of any domestic or foreign entity that has been doing business in this state have been placed in the hands of a receiver, service of all process upon the entity may be made upon the receiver.

(8) A judgment against a receiver is not a lien on the property or funds of the receivership, and no execution may issue thereon. Upon entry of the judgment in the court in which the receivership is pending, or upon filing in the receivership of a certified copy of a judgment from another jurisdiction, the judgment is treated as an allowed claim in the receivership.

(9) No person other than a successor receiver duly appointed by the court has a right of action against a former receiver to recover property or the value thereof for or on behalf of the estate. [2017 c.358 §29]

Source: Section 37.290 — Actions by or against receiver or affecting estate property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.740 — OR Code / Title 3 / Chapter 30 / Section 30.740
30.740 Right of gambling loser to recover double losses
Status: in_force

All persons losing money or anything of value at or on any unlawful game described in ORS 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530) , 167.122 (Unlawful gambling in the second degree) and 167.127 (Unlawful gambling in the first degree) shall have a cause of action to recover from the dealer winning the same, or proprietor for whose benefit such game was played or dealt, or such money or thing of value won, twice the amount of the money or double the value of the thing so lost. [Amended by 1971 c.743 §308; 1977 c.850 §4]

Source: Section 30.740 — Right of gambling loser to recover double losses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.825 — OR Code / Title 3 / Chapter 31 / Section 31.825
31.825 Assignment of cause of action against insurer
Status: in_force

A defendant in a tort action against whom a judgment has been rendered may assign any cause of action that defendant has against the defendant’s insurer as a result of the judgment to the plaintiff in whose favor the judgment has been entered. That assignment and any release or covenant given for the assignment shall not extinguish the cause of action against the insurer unless the assignment specifically so provides. [Formerly 17.100]

Source: Section 31.825 — Assignment of cause of action against insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.552 — OR Code / Title 3 / Chapter 36 / Section 36.552
36.552 Effect of conciliation on jurisdiction of courts
Status: in_force

Neither the request for conciliation, the consent to participate in the conciliation proceeding, the participation in such proceedings, nor the entering into a conciliation agreement or settlement, shall be deemed as consent to the jurisdiction of any court in this state in the event conciliation fails. [1991 c.405 §53]

Source: Section 36.552 — Effect of conciliation on jurisdiction of courts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.275 — OR Code / Title 3 / Chapter 30 / Section 30.275
30.275 Notice of claim
Status: in_force

(1) No action arising from any act or omission of a public body or an officer, employee or agent of a public body within the scope of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) shall be maintained unless notice of claim is given as required by this section.

(2) Notice of claim shall be given within the following applicable period of time, not including the period, not exceeding 90 days, during which the person injured is unable to give the notice because of the injury or because of minority, incompetency or other incapacity:

(a) For wrongful death, within one year after the alleged loss or injury.

(b) For all other claims, within 180 days after the alleged loss or injury.

(3) Notice of claim required by this section is satisfied by:

(a) Formal notice of claim as provided in subsections (4) and (5) of this section;

(b) Actual notice of claim as provided in subsection (6) of this section;

(c) Commencement of an action on the claim by or on behalf of the claimant within the applicable period of time provided in subsection (2) of this section; or

(d) Payment of all or any part of the claim by or on behalf of the public body at any time.

(4) Formal notice of claim is a written communication from a claimant or representative of a claimant containing:

(a) A statement that a claim for damages is or will be asserted against the public body or an officer, employee or agent of the public body;

(b) A description of the time, place and circumstances giving rise to the claim, so far as known to the claimant; and

(c) The name of the claimant and the mailing address to which correspondence concerning the claim may be sent.

(5) Formal notice of claim shall be given by mail or personal delivery:

(a) If the claim is against the state or an officer, employee or agent thereof, to the office of the Director of the Oregon Department of Administrative Services.

(b) If the claim is against a local public body or an officer, employee or agent thereof, to the public body at its principal administrative office, to any member of the governing body of the public body, or to an attorney designated by the governing body as its general counsel.

(6) Actual notice of claim is any communication by which any individual to whom notice may be given as provided in subsection (5) of this section or any person responsible for administering tort claims on behalf of the public body acquires actual knowledge of the time, place and circumstances giving rise to the claim, where the communication is such that a reasonable person would conclude that a particular person intends to assert a claim against the public body or an officer, employee or agent of the public body. A person responsible for administering tort claims on behalf of a public body is a person who, acting within the scope of the person’s responsibility, as an officer, employee or agent of a public body or as an employee or agent of an insurance carrier insuring the public body for risks within the scope of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , engages in investigation, negotiation, adjustment or defense of claims within the scope of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , or in furnishing or accepting forms for claimants to provide claim information, or in supervising any of those activities.

(7) In an action arising from any act or omission of a public body or an officer, employee or agent of a public body within the scope of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , the plaintiff has the burden of proving that notice of claim was given as required by this section.

(8) The requirement that a notice of claim be given under subsections (1) to (7) of this section does not apply if:

(a) Intentionally left blank —Ed.

(A) The claimant was under the age of 18 years when the acts or omissions giving rise to a claim occurred;

(B) The claim is against the Department of Human Services or the Oregon Youth Authority; and

(C) The claimant was in the custody of the Department of Human Services pursuant to an order of a juvenile court under ORS 419B.150 (When protective custody authorized) , 419B.185 (Evidentiary hearing) , 419B.337 (Commitment to custody of Department of Human Services) or 419B.527 (Disposition of ward after termination) , or was in the custody of the Oregon Youth Authority under the provisions of ORS 419C.478 (Commitment to Oregon Youth Authority or Department of Human Services) , 420.011 (Admissions to youth correction facilities) or 420A.040 (Provision of juvenile corrections programs and services to tribal adjudicated youth) , when the acts or omissions giving rise to a claim occurred.

(b) The claim is against a private, nonprofit organization that provides public transportation services described under ORS 30.260 (Definitions for ORS 30.260 to 30.300) (4)(d).

(9) Except as provided in ORS 12.120 (Action on escape) , 12.135 (Action for damages from construction, alteration or repair of improvement to real property) and 659A.875 (Time limitations) , but notwithstanding any other provision of ORS chapter 12 or other statute providing a limitation on the commencement of an action, an action arising from any act or omission of a public body or an officer, employee or agent of a public body within the scope of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) shall be commenced within two years after the alleged loss or injury. [1967 c.627 §5; 1969 c.429 §3; 1975 c.604 §1a; 1975 c.609 §14; 1977 c.823 §3; 1979 c.284 §64; 1981 c.350 §1; 1993 c.500 §4; 1993 c.515 §1; 2001 c.601 §1; 2001 c.621 §89; 2005 c.684 §2; 2009 c.67 §18]

Source: Section 30.275 — Notice of claim; time of notice; time of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.570 — OR Code / Title 3 / Chapter 30 / Section 30.570
30.570 Action to annul corporate existence on direction of Governor
Status: in_force

An action may be maintained in the name of the state, whenever the Governor shall so direct, against a corporation either public or private, for the purpose of avoiding the Act of incorporation, or an Act renewing or modifying its corporate existence, on the ground that such Act was procured upon some fraudulent suggestion or concealment of a material fact by the persons incorporated, or some of them, or with their knowledge and consent; or for annulling the existence of a corporation formed under any general law of this state, on the ground that such incorporation, or any renewal or modification thereof, was procured in like manner.

Source: Section 30.570 — Action to annul corporate existence on direction of Governor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 28.150 — OR Code / Title 3 / Chapter 28 / Section 28.150
28.150 Uniformity of interpretation
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments. [Amended by 2003 c.576 §307]

Source: Section 28.150 — Uniformity of interpretation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.136 — OR Code / Title 3 / Chapter 30 / Section 30.136
30.136 Action to enforce right or remedy under Servicemembers Civil Relief Act
Status: in_force

(1) As used in this section and ORS 30.138 (Remedies for violation of Servicemembers Civil Relief Act) , “servicemember” has the meaning given that term in 50 U.S.C. 3911 as in effect on May 8, 2009.

(2) An action brought by a servicemember to enforce a right or remedy under 50 U.S.C. 3901 et seq. is not subject to court-ordered arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) unless the parties to the action stipulate in writing to arbitration after the action is commenced.

(3) In addition to the counties specified in ORS 14.080 (Venue for other actions) , an action brought by a servicemember to enforce a right or remedy under 50 U.S.C. 3901 et seq. may be brought in the Oregon county where the servicemember resides or where the servicemember was a resident at the time of bringing the action.

(4) Any contract term or provision providing for a choice of forum other than Oregon in an agreement entered into by a servicemember who resides in Oregon or is a resident of Oregon is voidable at the election of the servicemember. [2009 c.83 §1; 2019 c.13 §18]

Source: Section 30.136 — Action to enforce right or remedy under Servicemembers Civil Relief Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.220 — OR Code / Title 3 / Chapter 31 / Section 31.220
31.220 Effect of publication of correction or retraction prior to demand
Status: in_force

A correction or retraction published prior to notice of demand therefor shall have the same effect as a correction or retraction after demand, if the requirements of ORS 31.215 (Publication of correction or retraction upon demand) (2), (3) and (4) are substantially complied with. [Formerly 30.170]

Source: Section 31.220 — Effect of publication of correction or retraction prior to demand , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 35.348 — OR Code / Title 3 / Chapter 35 / Section 35.348
35.348 Immediate possession of property
Status: in_force

Notwithstanding ORS 35.346 (Offer to purchase required before filing action for condemnation) , if a condemner determines that an emergency that poses a threat to persons or property exists and that immediate possession of the property is necessary, the condemner may immediately file a condemnation action after making the written offer required under ORS 35.346 (Offer to purchase required before filing action for condemnation) (1) accompanied by the appraisal or explanation required by ORS 35.346 (Offer to purchase required before filing action for condemnation) (2). [1997 c.797 §3; 2003 c.476 §3; 2009 c.530 §2]

Source: Section 35.348 — Immediate possession of property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 34.540 — OR Code / Title 3 / Chapter 34 / Section 34.540
34.540 Contents of return
Status: in_force

(1) The officer or person upon whom the writ was duly served shall state in the return, plainly and unequivocally:

(a) Whether the officer or person has the party in custody or power or under restraint, and if the officer or person has not, whether the officer or person has had the party in custody or under power or restraint at any and what time prior or subsequent to the date of the writ.

(b) If the officer or person has the party in custody or power or under restraint, the authority and true cause of such imprisonment or restraint, setting forth the same at large.

(2) If the party is detained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced, and exhibited on the return of the writ, to the court or judge before whom the writ is returnable.

(3) If the person upon whom the writ was served has had the party in power or custody or under restraint at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause, and by what authority the transfer took place.

(4) The return shall be signed by the person making the same, and except where the person is a sworn public officer, and makes the return in official capacity, it shall be verified by oath.

Source: Section 34.540 — Contents of return , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.025 — OR Code / Title 3 / Chapter 30 / Section 30.025
30.025 Placement of damages in lawyer trust account or other account before distribution
Status: in_force

When damages for wrongful death are accepted or recovered in an action filed under ORS 30.020 (Action for wrongful death) , the damages must be placed in the lawyer trust account for an attorney representing the personal representative in the estate or in the wrongful death claim or, upon order of the court, in an account subject to withdrawal only on order of the court, before being distributed under ORS 30.030 (Distribution of damages) . [2019 c.166 §9]

Note: 30.025 (Placement of damages in lawyer trust account or other account before distribution) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 30 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 30.025 — Placement of damages in lawyer trust account or other account before distribution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.600 — OR Code / Title 3 / Chapter 34 / Section 34.600
34.600 When party to be remanded
Status: in_force

It shall be the duty of the court or judge forthwith to remand such party if it appears that the party is legally detained in custody, either:

(1) By virtue of process issued by any court, or judge or commissioner or any other officer thereof, of the United States, in a case where such court, or judge or officer thereof, has exclusive jurisdiction; or,

(2) By virtue of the judgment of any court, or of any execution issued upon such judgment; or,

(3) For any contempt, specially and plainly charged in the commitment, by some court, officer or body having authority to commit for the contempt so charged; and,

(4) That the time during which such party may legally be detained has not expired. [Amended by 2003 c.576 §314]

Source: Section 34.600 — When party to be remanded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 34.170 — OR Code / Title 3 / Chapter 34 / Section 34.170
34.170 Answer or motion to dismiss by defendant
Status: in_force

On the return day of the alternative writ, or such further day as the court or judge thereof may allow, the defendant on whom the writ was served may show cause by motion to dismiss or answer to the writ, in the same manner as to a complaint in an action. [Amended by 1979 c.284 §70]

Source: Section 34.170 — Answer or motion to dismiss by defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 31.700 — OR Code / Title 3 / Chapter 31 / Section 31.700
31.700 Right to include medical expenses paid by parent or conservator in action to recover for damages to child
Status: in_force

(1) When the guardian ad litem or conservator of the estate of a child maintains a cause of action for recovery of damages to the child caused by a wrongful act, the parent, parents, or conservator of the estate of the child may file a consent accompanying the complaint of the guardian ad litem or conservator to include in the cause of action the damages as, in all the circumstances of the case, may be just, and will reasonably and fairly compensate for the doctor, hospital and medical expenses caused by the injury.

(2) Intentionally left blank —Ed.

(a) If the consent is filed as provided in subsection (1) of this section and the court allows the filing by a guardian ad litem, no court shall entertain a cause of action by the parent, parents or conservator for doctor, hospital or medical expenses caused by the injury.

(b) If the consent is filed as provided in subsection (1) of this section and the filing is by a conservator, no court shall entertain a cause of action by the parent or parents for doctor, hospital or medical expenses caused by the injury. [Formerly 30.810; 2015 c.213 §1]

Source: Section 31.700 — Right to include medical expenses paid by parent or conservator in action to recover for damages to child; effect of consent to inclusion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.110 — OR Code / Title 3 / Chapter 36 / Section 36.110
36.110 Definitions for ORS 36.100 to 36.238
Status: in_force

As used in ORS 36.100 (Policy for ORS 36.100 to 36.238) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) :

(1) “Arbitration” means any arbitration whether or not administered by a permanent arbitral institution.

(2) “Dean” means the Dean of the University of Oregon School of Law.

(3) “Dispute resolution program” means an entity that receives a grant under ORS 36.155 (Grants for dispute resolution services in counties) to provide dispute resolution services.

(4) “Dispute resolution services” includes but is not limited to mediation, conciliation and arbitration.

(5) “Mediation” means a process in which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated.

(6) “Mediation agreement” means an agreement arising out of a mediation, including any term or condition of the agreement.

(7) “Mediation communications” means:

(a) All communications that are made, in the course of or in connection with a mediation, to a mediator, a mediation program or a party to, or any other person present at, the mediation proceedings; and

(b) All memoranda, work products, documents and other materials, including any draft mediation agreement, that are prepared for or submitted in the course of or in connection with a mediation or by a mediator, a mediation program or a party to, or any other person present at, mediation proceedings.

(8) “Mediation program” means a program through which mediation is made available and includes the director, agents and employees of the program.

(9) “Mediator” means a third party who performs mediation. “Mediator” includes agents and employees of the mediator or mediation program and any judge conducting a case settlement conference.

(10) “Public body” has the meaning given that term in ORS 174.109 (“Public body” defined) .

(11) “State agency” means any state officer, board, commission, bureau, department, or division thereof, in the executive branch of state government. [1989 c.718 §3; 1997 c.670 §11; 2003 c.791 §§11,11a; 2005 c.817 §3]

Source: Section 36.110 — Definitions for ORS 36.100 to 36.238 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.849 — OR Code / Title 3 / Chapter 30 / Section 30.849
30.849 Action for injunction compelling private school to comply with certain laws
Status: in_force

(1) A person may bring an action for an injunction compelling a private school to comply with the provisions of any of the following laws:

(a) ORS 339.366 (Required policies on teen dating violence and domestic violence) and 339.368 (Posters regarding domestic violence) (policies on teen dating violence and domestic violence);

(b) ORS 339.370 (Definitions for ORS 339.370 to 339.400) to 339.400 (Training) (reporting of suspected abuse and suspected sexual conduct);

(c) ORS 342.704 (Adoption of policies on sexual harassment required) (policy on sexual harassment); and

(d) ORS 419B.005 (Definitions) to 419B.050 (Authority of health care provider to disclose information) (reports on child abuse).

(2) A court may enter an order compelling compliance and may prescribe the requirements and timelines for satisfaction of the order. When a court enters an order under this subsection, the court may award reasonable attorney fees and costs to the prevailing plaintiff.

(3) If a private school does not satisfy an order entered as provided by subsection (2) of this section, a student, or the parent or guardian of a student, may bring a civil action and recover damages for the greater of $1,000 or the total amount for special and general damages, including damages for emotional distress. A court may award reasonable attorney fees and costs to the prevailing plaintiff in an action under this subsection. [2021 c.479 §1]

Source: Section 30.849 — Action for injunction compelling private school to comply with certain laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.261 — OR Code / Title 3 / Chapter 30 / Section 30.261
30.261 Limitation on applicability of ORS 30.260 to 30.300 to certain private, nonprofit organizations
Status: in_force

A private, nonprofit organization described under ORS 30.260 (Definitions for ORS 30.260 to 30.300) (4)(d) is subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) only for the purposes of providing public transportation services. [2005 c.684 §4; 2009 c.67 §17]

Note: 30.261 (Limitation on applicability of ORS 30.260 to 30.300 to certain private, nonprofit organizations) was added to and made a part of 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 30.261 — Limitation on applicability of ORS 30.260 to 30.300 to certain private, nonprofit organizations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.050 — OR Code / Title 3 / Chapter 34 / Section 34.050
34.050 Plaintiff’s undertaking
Status: in_force

Before allowing the writ, the court shall require the plaintiff to give an undertaking to its approval, with one or more sureties, in the sum of $100, to the effect that the plaintiff will pay all costs and disbursements that may be adjudged to the defendant on the review. [Amended by 1977 c.515 §3; 1979 c.772 §9]

Source: Section 34.050 — Plaintiff’s undertaking , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.933 — OR Code / Title 3 / Chapter 30 / Section 30.933
30.933 Legislative findings
Status: in_force

(1) The Legislative Assembly finds that:

(a) Farming and forest practices are critical to the economic welfare of this state.

(b) The expansion of residential and urban uses on and near lands zoned or used for agriculture or production of forest products may give rise to conflicts between resource and nonresource activities.

(c) In the interest of the continued welfare of the state, farming and forest practices must be protected from legal actions that may be intended to limit, or have the effect of limiting, farming and forest practices.

(2) The Legislative Assembly declares that it is the policy of this state that:

(a) Farming practices on lands zoned for farm use must be protected.

(b) Forest practices on lands zoned for the production of forest products must be protected.

(c) Persons who locate on or near an area zoned for farm or forest use must accept the conditions commonly associated with living in that particular setting.

(d) Certain private rights of action and the authority of local governments and special districts to declare farming and forest practices to be nuisances or trespass must be limited because such claims for relief and local government ordinances are inconsistent with land use policies, including policies set forth in ORS 215.243 (Agricultural land use policy) , and have adverse effects on the continuation of farming and forest practices and the full use of the resource base of this state. [1993 c.792 §31]

Source: Section 30.933 — Legislative findings; policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.110 — OR Code / Title 3 / Chapter 37 / Section 37.110
37.110 Powers of receiver
Status: in_force

(1) The court appointing a receiver may confer upon the receiver the power to perform any of the following actions, in any combination:

(a) Collect, control, manage, conserve and protect estate property;

(b) Operate a business constituting estate property, including preservation, use, sale, lease, license, exchange, collection or disposition of property in the ordinary course of business;

(c) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver’s preservation, use, sale, lease, license, exchange, collection or disposition of estate property;

(d) Assert a right, claim, cause of action or defense of the owner that relates to estate property;

(e) Assert in the name of the receiver any claim under ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) assertible by any creditor of the owner;

(f) Seek and obtain instruction from the court concerning estate property, exercise of the receiver’s powers and performance of the receiver’s duties;

(g) On subpoena, compel a person to submit to examination under oath in the manner of a deposition in a civil case, or to produce and permit inspection and copying of designated records or tangible things, with respect to estate property or any other matter that may affect administration of the receivership;

(h) Engage and pay compensation to one or more professionals under ORS 37.310 (Employment and compensation of professionals) ;

(i) Apply to a court of another state for appointment as ancillary receiver with respect to estate property in that state under ORS 37.390 (Ancillary receiverships) ;

(j) Incur debt for the use or benefit of estate property other than in the ordinary course of business under ORS 37.260 (Receivership financing) ;

(k) Make improvements to estate property;

(L) Use or transfer estate property other than in the ordinary course of business under ORS 37.250 (Use or transfer of estate property outside ordinary course of business) ;

(m) Assume an executory contract of the owner under ORS 37.240 (Executory contracts) ;

(n) Pay compensation to the receiver;

(o) Determine whether or not to establish a claims procedure under ORS 37.340 (Claims process) ;

(p) Allow or disallow a claim of a creditor under ORS 37.360 (Objection to and allowance of claims) ;

(q) Make a distribution of estate property under ORS 37.370 (Priorities) ;

(r) Take any other action authorized under the Oregon Receivership Code; and

(s) Take any other actions that the court deems reasonably necessary to avoid injustice.

(2) The court may limit, expand or modify the powers conferred by the court on the receiver at any time.

(3) A receiver has powers conferred by the court under this section in addition to the powers conferred on the receiver by statute. [2017 c.358 §11]

Source: Section 37.110 — Powers of receiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 34.530 — OR Code / Title 3 / Chapter 34 / Section 34.530
34.530 Requiring return and production of party by order
Status: in_force

At any time after the allowance of a writ of habeas corpus, the plaintiff therein, or the person applying therefor on behalf of the plaintiff, may give notice to the judge issuing the writ, and thereupon, if necessary to avoid delay, the judge shall by order require that the return be made and the party produced before the judge at such time and place, within the county or district, as may be convenient.

Source: Section 34.530 — Requiring return and production of party by order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.490 — OR Code / Title 3 / Chapter 30 / Section 30.490
30.490 Definitions for ORS 30.490 to 30.497
Status: in_force

As used in ORS 30.490 (Definitions for ORS 30.490 to 30.497) to 30.497 (When limitation on liability not applicable) :

(1) “Discharge” means any leakage, seepage or any other release of hazardous material.

(2) “Hazardous material” means:

(a) Hazardous waste as defined in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) ;

(b) Hazardous substances as defined in ORS 453.005 (Definitions for ORS 453.005 to 453.135) ;

(c) Radioactive waste as defined in ORS 469.300 (Definitions) ;

(d) Uranium mine overburden or uranium mill tailings, mill wastes or mill by-product materials;

(e) Radioactive substance as defined in ORS 453.005 (Definitions for ORS 453.005 to 453.135) ;

(f) Any substance designated by the United States Department of Transportation as hazardous pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. 5101 et seq., P.L. 93-633, as amended; and

(g) Any substance that the Environmental Protection Agency designates as hazardous pursuant to:

(A) The federal Toxic Substances Control Act, 15 U.S.C. 2601 to 2671; or

(B) The federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 to 6992, P.L. 94-580, as amended.

(3) “Person” means an individual, corporation, association, firm, partnership, joint stock company or state or local government agency. [1985 c.376 §1; 1991 c.480 §9; 2005 c.22 §22]

Source: Section 30.490 — Definitions for ORS 30.490 to 30.497 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.195 — OR Code / Title 3 / Chapter 36 / Section 36.195
36.195 Presence of attorney
Status: in_force

(1) Unless otherwise agreed to in writing by the parties, the parties’ legal counsel shall not be present at any scheduled mediation sessions conducted under the provisions of ORS 36.100 (Policy for ORS 36.100 to 36.238) to 36.175 (Rules for administration of dispute resolution programs) .

(2) Attorneys and other persons who are not parties to a mediation may be included in mediation discussions at the mediator’s discretion, with the consent of the parties, for mediation held under the provisions of ORS 36.185 (Referral of civil dispute to mediation) to 36.210 (Liability of mediators and programs) .

(3) The mediator, with the consent of the parties, may adopt appropriate rules to facilitate the resolution of the dispute and shall have discretion, with the consent of the parties, to suspend or continue mediation. The mediator may propose settlement terms either orally or in writing.

(4) All court mediators shall encourage disputing parties to obtain individual legal advice and individual legal review of any mediated agreement prior to signing the agreement.

(5) Within 10 judicial days of the completion of the mediation, the mediator shall notify the court whether an agreement has been reached by the parties. If the parties do not reach agreement, the mediator shall report that fact only to the court, but shall not make a recommendation as to resolution of the dispute without written consent of all parties or their legal counsel. The action shall then proceed in the normal fashion on either an expedited or regular pretrial list.

(6) The court shall retain jurisdiction over a case selected for mediation and shall issue orders as it deems appropriate. [1989 c.718 §21]

Source: Section 36.195 — Presence of attorney; authority and duties of mediator; notice to court at completion of mediation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.420 — OR Code / Title 3 / Chapter 36 / Section 36.420
36.420 Notice of arbitration hearing
Status: in_force

(1) At least five days before the date set for an arbitration hearing, the arbitrator shall notify the clerk of the court of the time and place of the hearing. The clerk shall post a notice of the time and place of the hearing in a conspicuous place for trial notices at the principal location for the sitting of the court in the county in which the action was commenced.

(2) The arbitration proceeding and the records thereof shall be open to the public to the same extent as would a trial of the action in the court and the records thereof.

(3) The compensation of the arbitrator and other expenses of the arbitration proceeding shall be the obligation of the parties or any of them as provided by rules made under ORS 36.400 (Mandatory arbitration programs) . However, if those rules require the parties or any of them to pay any of those expenses in advance, in the form of fees or otherwise, as a condition of arbitration, the rules shall also provide for the waiver in whole or in part, deferral in whole or in part, or both, of that payment by a party whom the court finds is then unable to pay all or any part of those advance expenses. Expenses so waived shall be paid by the state from funds available for the purpose. Expenses so deferred shall be paid, if necessary, by the state from funds available for the purpose, and the state shall be reimbursed according to the terms of the deferral. [Formerly 33.390; 1993 c.482 §2]

Source: Section 36.420 — Notice of arbitration hearing; open proceeding; compensation and expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.320 — OR Code / Title 3 / Chapter 34 / Section 34.320
34.320 Courts having jurisdiction
Status: in_force

The circuit court of the judicial district wherein the party is imprisoned or restrained, and, if vested with power to exercise judicial functions, the county court and county judge of the county wherein the party is imprisoned or restrained, shall have concurrent jurisdiction of proceedings by habeas corpus, and said courts and judges may issue, hear and decide all questions arising upon habeas corpus. If a plaintiff has filed a petition in a court with jurisdiction over the proceedings, and the plaintiff is thereafter transferred to a place that is outside of the jurisdiction of that court, the court shall transfer the proceedings to the circuit court for the judicial district in which the party is imprisoned or restrained. If the court in which the petition was filed determines that by reason of the plaintiff’s transfer the claims of the plaintiff do not require immediate judicial scrutiny, or are otherwise subject to dismissal, the court shall dismiss the petition. [Amended by 1999 c.114 §1]

Source: Section 34.320 — Courts having jurisdiction; transfer of proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.934 — OR Code / Title 3 / Chapter 30 / Section 30.934
30.934 Prohibition on local laws that make forest practice a nuisance or trespass
Status: in_force

"All fifty states have enacted right-to-farm laws… The primary aim of this compilation is to provide the researcher with a way to recognize and distinguish specific provisions…" Bibliographic info

(1) Any local government or special district ordinance or regulation now in effect or subsequently adopted that makes a forest practice a nuisance or trespass or provides for its abatement as a nuisance or trespass is invalid with respect to forest practices for which no claim or action is allowed under ORS 30.936 (Immunity from private action based on farming or forest practice on certain lands) or 30.937 (Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use) .

(2) Subsection (1) of this section does not apply to:

(a) City rules, regulations or ordinances adopted in accordance with ORS 527.722 (Restrictions on local government adoption of rules regulating forest operations) ; or

(b) Any forest practice conducted in violation of a solar energy easement that complies with ORS 105.880 (Conveyance prohibiting use of solar energy systems void) to 105.890 (Solar energy easement appurtenant) . [1993 c.792 §38]

Source: Section 30.934 — Prohibition on local laws that make forest practice a nuisance or trespass; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.450 — OR Code / Title 3 / Chapter 36 / Section 36.450
36.450 Definitions for ORS 36.450 to 36.558
Status: in_force

For the purposes of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) :

(1) “Arbitral award” means any decision of the arbitral tribunal on the substance of the dispute submitted to it and includes any interim, interlocutory or partial arbitral award.

(2) “Arbitral tribunal” means a sole arbitrator or a panel of arbitrators.

(3) “Arbitration” means any arbitration whether or not administered by a permanent arbitral institution.

(4) “Arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which may arise between them in respect to a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

(5) “Commercial” means matters arising from all relationships of a commercial nature including, but not limited to, any of the following transactions:

(a) A transaction for the supply or exchange of goods or services.

(b) A distribution agreement.

(c) A commercial representation or agency.

(d) An exploitation agreement or concession.

(e) A joint venture or other forms of industrial or business cooperation.

(f) The carriage of goods or passengers by air, sea, rail or road.

(g) Construction.

(h) Insurance.

(i) Licensing.

(j) Factoring.

(k) Leasing.

(L) Consulting.

(m) Engineering.

(n) Financing.

(o) Banking.

(p) The transfer of data or technology.

(q) Intellectual or industrial property, including trademarks, patents, copyrights and software programs.

(r) Professional services.

(6) “Conciliation” means any conciliation whether or not administered by a permanent conciliation institution.

(7) “Chief Justice” means the Chief Justice of the Supreme Court of Oregon or designee.

(8) “Circuit court” means the circuit court in the county in this state selected as pursuant to ORS 36.464 (Venue) .

(9) “Court” means a body or an organ of the judicial system of a state or country.

(10) “Party” means a party to an arbitration or conciliation agreement.

(11) “Supreme Court” means the Supreme Court of Oregon. [1991 c.405 §4]

Source: Section 36.450 — Definitions for ORS 36.450 to 36.558 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.430 — OR Code / Title 3 / Chapter 30 / Section 30.430
30.430 Amount of penalty
Status: in_force

When an action is commenced for a penalty, which by law is not to exceed a certain amount, the action may be commenced for that amount, and if judgment is given for the plaintiff, it may be for such amount or less, in the discretion of the court, in proportion to the offense.

Source: Section 30.430 — Amount of penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.502 — OR Code / Title 3 / Chapter 36 / Section 36.502
36.502 Effect of failure to make required statement or to appear at oral hearing
Status: in_force

(1) Unless otherwise agreed by the parties, where, without showing sufficient cause, the claimant fails to communicate the statement of claim of the claimant in accordance with ORS 36.498 (Contents of statements by claimant and respondent) (1) and (2), the arbitral tribunal shall terminate the proceedings.

(2) Unless otherwise agreed by the parties, where, without showing sufficient cause, the respondent fails to communicate the statement of defense of the respondent in accordance with ORS 36.498 (Contents of statements by claimant and respondent) (1) and (2), the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the claimant’s allegations.

(3) Unless otherwise agreed by the parties, where, without showing sufficient cause, a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue with the proceedings and make the arbitral award on the evidence before it. [1991 c.405 §28]

Source: Section 36.502 — Effect of failure to make required statement or to appear at oral hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.605 — OR Code / Title 3 / Chapter 35 / Section 35.605
35.605 Authorization to acquire adjoining property for roadways
Status: in_force

(1) Every condemner having the right to purchase, acquire, enter upon and appropriate land and property for establishing, laying out, widening, enlarging or extending roads, streets or highways, may purchase, acquire, enter upon and appropriate, in or in connection with establishing, laying out, widening, enlarging or extending roads, streets or highways, land and property immediately adjoining the proposed boundaries of such roads, streets or highways.

(2) The authority conferred by subsection (1) of this section does not extend to the purchase, acquisition, entering upon or appropriation of any adjoining land or property situate more than 100 feet distant from or beyond the proposed boundaries of any such road, street or highway, or of any such adjoining land or property that constitutes the whole or any part of a platted lot or tract of rectangular shape and having an area of 5,000 square feet or more and its shorter dimension not less than 50 feet in length, or that constitutes the whole or any part of any tract of land in common ownership of like shape and having like minimum area and dimensions. [Formerly 281.510]

Source: Section 35.605 — Authorization to acquire adjoining property for roadways , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 36.228 — OR Code / Title 3 / Chapter 36 / Section 36.228
36.228 Mediations in which two or more public bodies are parties
Status: in_force

(1) Notwithstanding any other provision of ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) , if the only parties to a mediation are public bodies, mediation communications and mediation agreements in the mediation are not confidential except to the extent those communications or agreements are exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . Mediation of workplace interpersonal disputes between employees of a public body is not subject to this subsection.

(2) Notwithstanding any other provision of ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) , if two or more public bodies are parties to a mediation in which a private person is also a party, mediation communications in the mediation are not confidential if the laws, rules or policies governing confidentiality of mediation communications for at least one of the public bodies provide that mediation communications in the mediation are not confidential.

(3) Notwithstanding any other provision of ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) , if two or more public bodies are parties to a mediation in which a private person is also a party, mediation agreements in the mediation are not confidential if the laws, rules or policies governing confidentiality of mediation agreements for at least one of the public bodies provide that mediation agreements in the mediation are not confidential. [1997 c.670 §4a; 2007 c.12 §1]

Source: Section 36.228 — Mediations in which two or more public bodies are parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.645 — OR Code / Title 3 / Chapter 30 / Section 30.645
30.645 Waiver or deferral of fees after three dismissals of action
Status: in_force

(1) Except as provided in subsection (2) of this section, the court may not waive or defer the fees or court costs under ORS 30.643 (Waiver or deferral of fees and costs) for an adult in custody if the adult in custody has, on three or more prior occasions while incarcerated or detained in any correctional facility, filed an action against a public body in a court of this state that was dismissed on the grounds that the action:

(a) Was frivolous or malicious;

(b) Failed to state a claim upon which relief could be granted; or

(c) Sought monetary relief from a defendant who is immune from a claim for monetary relief.

(2) The court may waive or defer fees or court costs of an adult in custody who would not otherwise be eligible for waiver or deferral under subsection (1) of this section if the adult in custody establishes in the application for waiver or deferral that the adult in custody is in imminent danger of serious physical injury and the action against a public body is needed to seek relief from that danger. [1999 c.657 §3; 2007 c.493 §12; 2019 c.213 §6]

Source: Section 30.645 — Waiver or deferral of fees after three dismissals of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.220 — OR Code / Title 3 / Chapter 37 / Section 37.220
37.220 Automatic stay of certain proceedings
Status: in_force

(1) Except as otherwise ordered by the court, the entry of an order appointing a receiver operates as a stay, applicable to all persons, of:

(a) The commencement or continuation, including the issuance or employment of process, of a judicial, administrative or other action or proceeding against the owner that was or could have been commenced before the entry of the order of appointment, or to recover a claim against the owner that arose before the entry of the order of appointment;

(b) The enforcement, against the owner or any estate property, of a judgment entered before the entry of the order of appointment;

(c) Any act to obtain possession of estate property from the receiver, or to interfere with, or exercise control over, estate property;

(d) Any act to create, perfect or enforce any lien or claim against estate property, to the extent that the lien secures a claim against the owner that arose before the entry of the order of appointment;

(e) Any act to collect, assess or recover a claim against the owner that arose before the entry of the order of appointment; or

(f) The exercise of a right of setoff against the owner.

(2) The stay automatically expires as to the acts specified in subsection (1)(a), (b) and (e) of this section six months after the entry of the order of appointment, unless the stay is extended by court order.

(3) A person whose action or proceeding is stayed may move the court for relief from the stay, and the court shall grant such relief for good cause shown. A motion for relief from stay under this subsection is deemed granted if the court does not act on the motion within 60 days after the motion is filed. A person may move the court ex parte for an expedited hearing on a motion for relief from stay.

(4) Any judgment obtained against the owner or estate property after entry of the order of appointment is not a lien against estate property unless the receivership is terminated before a conveyance of the property against which the judgment would otherwise constitute a lien.

(5) The entry of an order appointing a receiver does not operate as a stay of:

(a) The continuation of a judicial or nonjudicial foreclosure action that was initiated by the party seeking the receiver’s appointment, unless otherwise ordered by the court;

(b) The commencement or continuation of a criminal action against the owner;

(c) The commencement or continuation of an action or proceeding to establish paternity, to establish or modify an order for spousal or child support or to collect spousal or child support under any order of a court;

(d) Any act to perfect, or to maintain or continue the perfection of, an interest in estate property if the interest perfected would be effective against a creditor of the owner holding at the time of the entry of the order of appointment either a perfected nonpurchase money security interest under ORS chapter 79 against the property, or a lien by attachment, levy or the like, including liens under ORS chapter 87, whether or not such a creditor exists, except that if perfection of an interest would require seizure of the property involved or the commencement of an action, the perfection may and must instead be accomplished by filing and serving on the receiver notice of the interest within the time fixed by law for seizure or commencement;

(e) The commencement or continuation of an action or proceeding by a governmental unit to enforce its police or regulatory power;

(f) The enforcement of a judgment, other than a money judgment, obtained in an action or proceeding by a governmental unit to enforce its police or regulatory power, or with respect to any licensure of the owner; or

(g) The establishment by a governmental unit of any tax liability and any appeal thereof.

(6) The court may void an act that violates the stay imposed by this section.

(7) If a person knowingly violates the stay imposed by this section, the court may:

(a) Award actual damages caused by the violation, reasonable attorney fees and costs; and

(b) Sanction the violation as civil contempt.

(8) The stay described in this section expires upon the termination of the receivership. [2017 c.358 §22]

Source: Section 37.220 — Automatic stay of certain proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.820 — OR Code / Title 3 / Chapter 30 / Section 30.820
30.820 Action against seller of drugged horse
Status: in_force

In addition to and not in lieu of the penalty provided in ORS 165.825 (Sale of drugged horse) (2), any person who buys a horse sold in violation of ORS 165.825 (Sale of drugged horse) (1) may bring an action against the seller for any damages the buyer incurs as a result of the sale. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1971 c.175 §3; 1981 c.897 §8; 1995 c.618 §25]

Source: Section 30.820 — Action against seller of drugged horse; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 33.530 — OR Code / Title 3 / Chapter 33 / Section 33.530
33.530 Liability of sureties or letter of credit issuer after termination of bond or letter of credit
Status: in_force

(1) When a bond or an irrevocable letter of credit of any personal representative, guardian or conservator is terminated upon the issuance of a new bond or irrevocable letter of credit to the personal representative, guardian or conservator by a new surety or letter of credit issuer, the former surety or letter of credit issuer shall not be liable on the old bond or irrevocable letter of credit for any acts or omissions of the personal representative, guardian or conservator which occur after the issuance of the new bond or irrevocable letter of credit.

(2) A new surety for a personal representative, guardian or conservator who issues a new bond or irrevocable letter of credit after the termination of a previous bond or irrevocable letter of credit written by another surety or letter of credit issuer for a personal representative, guardian or conservator shall not be liable for any acts or omissions of the personal representative, guardian or conservator which occurred prior to the issuance of the new bond or irrevocable letter of credit. [1983 c.613 §§2,3; 1991 c.331 §13]

Source: Section 33.530 — Liability of sureties or letter of credit issuer after termination of bond or letter of credit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 35.385 — OR Code / Title 3 / Chapter 35 / Section 35.385
35.385 Public purpose use required of condemner
Status: in_force

(1) If real property is acquired by a condemner by agreement with the owner of such property after the adoption of a resolution or ordinance under ORS 35.235 (Agreement for compensation) (1) for the acquisition of the property but before entry of a judgment in a condemnation action under ORS 35.245 (Commencement of action) , the condemner and the owner shall:

(a) Specify in such agreement for the real property a reasonable period within which the real property must be used by the condemner for a public purpose or specify a 10-year period for such use and provide that the right of repurchase of the real property or any portion thereof may be exercised as provided in ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) ; or

(b) Specify that the right of repurchase of the real property has been waived by the owner and, in such case, not specify a period within which the real property must be used by the condemner for a public purpose.

(2) If real property is acquired by a condemner under this chapter by judgment given in a condemnation action under ORS 35.325 (Effect of judgment) , the court shall:

(a) Specify in the judgment a reasonable period within which the real property must be used by the condemner for a public purpose or specify a 10-year period, and provide that the right of repurchase may be exercised with respect to the real property as provided in ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) ; or

(b) Specify that the right of repurchase of the real property has been waived by the owner and, in such case, not specify a period within which the real property must be used by the condemner for a public purpose.

(3) For the purposes of subsection (2)(a) of this section, the resolution or ordinance of the condemner is presumptive evidence that the period of time that is proposed by the condemner is a reasonable period in which the real property must be used by the condemner for a public purpose; provided, however, that if the resolution or ordinance specifies a 10-year period or less, neither the owner nor a designated beneficiary of the owner can contest the reasonableness of the period specified.

(4) If real property is acquired by a condemner by agreement with the owner as described in subsection (1) of this section, and the agreement does not contain one of the provisions required by subsection (1)(a) or (b) of this section, the owner may repurchase the property, or any portion of the property, in the manner provided by ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) if:

(a) Ten years have expired since the date of the transfer of the property; and

(b) The condemner has not used the property for a public purpose.

(5) Subsection (4) of this section does not apply to real property acquired by a condemner for the purpose of constructing, improving or maintaining a transportation facility or system. [1973 c.720 §2; 2011 c.426 §1]

Source: Section 35.385 — Public purpose use required of condemner; right of repurchase; specification of duration of public purpose use; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 31.740 — OR Code / Title 3 / Chapter 31 / Section 31.740
31.740 When award of punitive damages against health practitioner prohibited
Status: in_force

Punitive damages may not be awarded against a health practitioner if:

(1) The health practitioner is licensed, registered or certified as:

(a) A psychologist under ORS 675.030 (Licensing of psychologists after examination) to 675.070 (Authorized sanctions) , 675.085 (Investigation) and 675.090 (Application of ORS 675.010 to 675.150) ;

(b) An occupational therapist under ORS 675.230 (Application for licensing) to 675.300 (Grounds and procedures for denial, refusal to renew, suspension or revocation of license) ;

(c) A regulated social worker under ORS 675.510 (Definitions for ORS 675.510 to 675.600) to 675.600 (Duties of board) ;

(d) A physician under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) or 677.805 (“Ankle” defined for ORS 677.805 to 677.840) to 677.840 (Fees) ;

(e) An emergency medical services provider under ORS chapter 682;

(f) A nurse under ORS 678.040 (Qualifications of applicants for license) to 678.101 (Renewal of license) ;

(g) A nurse practitioner under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) ;

(h) A dentist under ORS chapter 679;

(i) A dental hygienist under ORS 680.040 (Qualifications of applicants for dental hygiene licensure examination) to 680.100 (Discipline of dental hygienist) ;

(j) A denturist under ORS 680.515 (Application for license) to 680.535 (Grounds for imposing discipline) ;

(k) An audiologist or speech-language pathologist under ORS 681.250 (Requirement for license in speech-language pathology or audiology) to 681.350 (Denial, suspension or revocation of license or conditional license) ;

(L) An optometrist under ORS 683.040 (Qualifications of applicants) to 683.155 (Hearing) and 683.170 (Sanction may be set aside by board) to 683.220 (Licensing of applicant holding license in another state) ;

(m) A chiropractor under ORS 684.040 (Application for license) to 684.105 (Discipline procedure) ;

(n) A naturopath under ORS 685.060 (Minimum educational requirements for license) to 685.110 (Grounds for discipline) , 685.125 (Discipline procedure) and 685.135 (Certificate of special competency in natural childbirth) ;

(o) A massage therapist under ORS 687.011 (Definitions) to 687.250 (Enforcement) ;

(p) A physical therapist under ORS 688.040 (Licensing procedure) to 688.145 (Discipline procedure) ;

(q) A medical imaging licensee under ORS 688.445 (Licensing and renewal procedure) to 688.525 (Grounds for discipline) ;

(r) A pharmacist under ORS 689.151 (Board control over licensing, standards and discipline) and 689.225 (License requirement) to 689.285 (Continuing education) ;

(s) A physician assistant as provided by ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) ; or

(t) A professional counselor or marriage and family therapist under ORS 675.715 (Application) to 675.835 (Injunctive proceedings) ; and

(2) The health practitioner was engaged in conduct regulated by the license, registration or certificate issued by the appropriate governing body and was acting within the scope of practice for which the license, registration or certificate was issued and without malice. [Formerly 18.550; 2005 c.366 §4; 2009 c.442 §27; 2009 c.833 §26; 2011 c.396 §1; 2011 c.703 §20; 2013 c.129 §20; 2021 c.97 §5]

Source: Section 31.740 — When award of punitive damages against health practitioner prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 33.720 — OR Code / Title 3 / Chapter 33 / Section 33.720
33.720 Proceeding in rem
Status: in_force

(1) The determination authorized by ORS 33.710 (Definitions) shall be in the nature of a proceeding in rem; and the practice and procedure therein shall follow the practice and procedure of an action not triable by right to a jury, as far as the same is consistent with the determination sought to be obtained, except as provided in this section.

(2) Jurisdiction of the municipal corporation shall be obtained by the publication of notice directed to the municipal corporation; and jurisdiction of the electors of the municipal corporation shall be obtained by publication of notice directed to all electors, freeholders, taxpayers and other interested persons, without naming such electors, freeholders, taxpayers and other interested persons individually. The notice shall be served on all parties in interest by publication thereof for at least once a week for three successive weeks in a newspaper of general circulation published in the county where the proceeding is pending, or if no such newspaper is published therein, then in a contiguous county. Jurisdiction shall be complete within 10 days after the date of completing publication of the notice as provided in this section.

(3) Any person interested may at any time before the expiration of the 10 days appear and contest the validity of such proceeding, or of any of the acts or things therein enumerated. Such proceeding shall be tried forthwith and judgment rendered as expeditiously as possible declaring the matter so contested to be either valid or invalid. Any order or judgment in the course of such proceeding may be made and rendered by the judge in vacation or otherwise; and for that purpose, the court shall be deemed at all times to be in session and the act of the judge in making the order or judgment shall be the act of the court.

(4) Any party may appeal to the Court of Appeals from a judgment rendered in such proceeding. The court, in inquiring into the regularity, legality or correctness of any proceeding of the municipal corporation or its governing body shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties to the special proceeding, and may approve the proceedings in part and may disapprove and declare illegal or invalid in part other or subsequent proceedings, or may approve or disapprove the proceedings, or may approve the proceedings in part and disapprove the remainder thereof.

(5) Costs of the proceeding may be allowed and apportioned between the parties in the discretion of the court.

(6) Upon conclusion of a proceeding authorized by ORS 33.710 (Definitions) (2)(b), including any appeal of a judgment, the judgment entered in the proceeding is binding upon the parties and all other persons. Claim preclusion and issue preclusion apply to all matters adjudicated in the proceeding. Except for an action to enforce a judgment, the courts of this state do not have jurisdiction over an action by or against the governing body or municipal corporation named in the judgment if the purpose of the action is to seek judicial review or judicial examination, directly or indirectly, of a matter adjudicated in the proceeding. [Amended by 1975 c.133 §2; 1979 c.284 §69; 2001 c.537 §1; 2003 c.576 §234]

Source: Section 33.720 — Proceeding in rem; practice and procedure as in action not triable by right to jury; service by publication; appeal; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 36.484 — OR Code / Title 3 / Chapter 36 / Section 36.484
36.484 Arbitral tribunal may rule on own jurisdiction
Status: in_force

(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement and, for that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.

(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised no later than the submission of the statement of defense. However, a party is not precluded from raising such a plea by the fact that the party has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. In either case, the arbitral tribunal may admit a later plea if it considers the delay justified.

(3) The arbitral tribunal may rule on a plea referred to in subsection (2) of this section either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party shall request the circuit court, within 30 days after having received notice of that ruling, to decide the matter or shall be deemed to have waived objection to such finding.

(4) The decision of the circuit court under subsection (3) of this section is not subject to appeal.

(5) While a request under subsection (3) of this section is pending, the arbitral tribunal may continue with the arbitral proceedings and make an arbitral award. [1991 c.405 §19; 1993 c.244 §5]

Source: Section 36.484 — Arbitral tribunal may rule on own jurisdiction; time for raising issue of jurisdiction; review by circuit court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.510 — OR Code / Title 3 / Chapter 36 / Section 36.510
36.510 Decision of arbitral tribunal
Status: in_force

Unless otherwise agreed by the parties, any decision of the arbitral tribunal in arbitral proceedings with more than one arbitrator shall be made by a majority of all its members. However, the parties or all members of the arbitral tribunal may authorize a presiding arbitrator to decide questions of procedure. [1991 c.405 §32; 1993 c.244 §9]

Source: Section 36.510 — Decision of arbitral tribunal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.516 — OR Code / Title 3 / Chapter 36 / Section 36.516
36.516 Termination of arbitral proceedings
Status: in_force

(1) The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal in accordance with subsection (2) of this section. The award shall be final upon the expiration of the applicable periods in ORS 36.518 (Correction of errors in award) .

(2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:

(a) The claimant withdraws the claim, unless the respondent objects thereto and the arbitral tribunal recognizes a legitimate interest on the part of the respondent in obtaining a final settlement of the dispute;

(b) The parties agree on the termination of the proceedings; or

(c) The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

(3) Subject to ORS 36.518 (Correction of errors in award) and 36.520 (Setting aside award) (4), the mandate of the arbitral tribunal terminates with the termination of the arbitral proceeding. [1991 c.405 §35; 1993 c.244 §11]

Source: Section 36.516 — Termination of arbitral proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.575 — OR Code / Title 3 / Chapter 35 / Section 35.575
35.575 Precondemnation compensation not required
Status: in_force

ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required) do not require the state to make or tender compensation prior to condemning and taking possession of the lands or property. [Formerly 281.260]

Source: Section 35.575 — Precondemnation compensation not required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 33.420 — OR Code / Title 3 / Chapter 33 / Section 33.420
33.420 Notice of application in case of minor child
Status: in_force

(1) Except as provided in ORS 109.360 (Change of adopted child’s name) , before entering a judgment for a change of name in the case of a minor child, the court shall require that written notice be given to the parents of the child, both custodial and noncustodial, and to any legal guardian of the child.

(2) Notwithstanding subsection (1) of this section, notice of an application for the change of name of a minor child does not need to be given to a parent of the child if the other parent of the child files a verified statement in the change of name proceeding that asserts that the minor child has not resided with the other parent and that the other parent has not contributed or has not tried to contribute to the support of the child.

(3) Intentionally left blank —Ed.

(a) In a case to determine an application for change of name of a person under ORS 33.410 (Jurisdiction) , if an applicant who is a certified adult program participant in the Address Confidentiality Program under ORS 192.826 (Application for participation in program) requests the court to seal the record of the case, the court shall seal the record of the case unless the court issues an order pursuant to a finding of good cause under ORS 192.848 (When Attorney General may disclose actual address or telephone number) .

(b) This subsection does not apply to an adult applicant appearing as a guardian ad litem for a minor child.

(4) In a case to determine an application for legal change of sex of a person under ORS 33.460 (Jurisdiction) , if an applicant requests the court to seal the record of the case, the court shall seal the record of the case. [Amended by 1983 c.369 §6; 1997 c.872 §22; 2001 c.779 §12; 2003 c.576 §308; 2013 c.316 §1; 2017 c.100 §4]

Source: Section 33.420 — Notice of application in case of minor child; exception; sealing of record in certain cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 37.170 — OR Code / Title 3 / Chapter 37 / Section 37.170
37.170 Notices
Status: in_force

(1) Intentionally left blank —Ed.

(a) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must:

(A) Serve notice on all persons specified by the provision;

(B) Serve notice on all persons on the special notice list;

(C) File notice with the court; and

(D) File proof of service with the court.

(b) If the provision does not specify to whom notice must be given, the person must give notice to all known persons whose property interests will or may be directly affected by the proposed action, as well as comply with paragraph (a)(B) to (D) of this subsection.

(2) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must give at least as much time notice as specified by the relevant provision, or 14 days if no time is specified.

(3) Intentionally left blank —Ed.

(a) Except as otherwise provided, notice to any person not on the special notice list must be served by first class mail or as otherwise directed by the court.

(b) Notice to any person on the special notice list who has specified a preferred means of receiving notice must be served by those means, except as otherwise ordered by the court.

(4) Intentionally left blank —Ed.

(a) Except as provided in ORS 37.180 (When court order required) , whenever a provision of the Oregon Receivership Code authorizes a person to take an action after giving notice, the person may take the action without specific authorization from the court if:

(A) The person gives notice that describes the action that the person will take unless an objection is filed and describes a procedure for objecting to the proposed action; and

(B) No objections are filed.

(b) If an objection is filed, the court shall hear the objection and issue an order allowing, disallowing or allowing a modified form of the action.

(c) The court may, on its own motion, require a hearing on any proposed action.

(d) If a person is allowed under this subsection to take an action without specific authorization from the court, the person may nonetheless move the court for an order authorizing the action.

(5) The court may extend or shorten any notice periods for good cause shown.

(6) The court may order that notice of any proposed action be given to any person, regardless of whether such notice is otherwise required under the Oregon Receivership Code.

(7) In all circumstances, the court may consider motions and grant or deny relief without notice or hearing, if it appears to the court that no party to the receivership or interested person would be prejudiced or harmed by the relief requested. [2017 c.358 §17]

Source: Section 37.170 — Notices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.647 — OR Code / Title 3 / Chapter 30 / Section 30.647
30.647 Dismissal of action during proceedings
Status: in_force

(1) If fees or court costs of an adult in custody have been waived or deferred under ORS 30.643 (Waiver or deferral of fees and costs) , a court shall dismiss the case if at any time the court determines that the adult in custody was in fact able to pay fees and court costs at the time the application for waiver or deferral was made under ORS 21.680 (Definitions for ORS 21.680 to 21.698) to 21.698 (Confidentiality of information related to waiver or deferral) .

(2) If the fees or court costs have been waived or deferred under ORS 30.643 (Waiver or deferral of fees and costs) for an adult in custody, a court shall dismiss the case if at any time the court determines that each claim in the action, petition or appeal:

(a) Is frivolous or malicious;

(b) Fails to state a claim upon which relief may be granted, and the court denies leave to amend; or

(c) Seeks monetary relief against a defendant who is immune from a claim for monetary relief.

(3) Upon appeal of any dismissal under this section, the Court of Appeals on its own motion, or on the motion of the respondent, may summarily affirm the judgment of the trial court, with or without submission of briefs and without oral argument, if the Court of Appeals determines that the appeal does not present a substantial question of law. Notwithstanding ORS 2.570 (Departments of court) , the Chief Judge of the Court of Appeals may deny a respondent’s motion for summary affirmance under this subsection or may grant the motion if the petitioner does not oppose the motion. A dismissal of an appeal under this subsection constitutes a decision on the merits of the case. [1999 c.657 §5; 2007 c.493 §13; 2019 c.213 §8]

Source: Section 30.647 — Dismissal of action during proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 28.200 — OR Code / Title 3 / Chapter 28 / Section 28.200
28.200 Supreme Court authorized to answer questions of law certified by other courts
Status: in_force

The Supreme Court may answer questions of law certified to it by the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, a panel of the Bankruptcy Appellate Panel Service or the highest appellate court or the intermediate appellate court of any other state, when requested by the certifying court if there are involved in any proceedings before it questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the Supreme Court and the intermediate appellate courts of this state. [1983 c.103 §1; 1995 c.197 §1]

Note: 28.200 (Supreme Court authorized to answer questions of law certified by other courts) to 28.255 (Short title) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 28 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 28.200 — Supreme Court authorized to answer questions of law certified by other courts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 36.522 — OR Code / Title 3 / Chapter 36 / Section 36.522
36.522 Enforcement of award
Status: in_force

(1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the circuit court, shall be enforced subject to the provisions of this section and ORS 36.524 (Grounds for refusal to enforce award) .

(2) The party relying on an award or applying for its enforcement shall supply the authenticated original or a certified copy of the award and the original or certified copy of the arbitration agreement referred to in ORS 36.466 (Arbitration agreements to be in writing) . If the award or agreement is not made in the English language, then the party relying on the award or applying for its enforcement shall supply a duly certified translation thereof into the English language.

(3) The party relying on an arbitral award or applying for its enforcement shall deliver to the clerk of the circuit court the documents specified in subsection (2) of this section along with proof of the delivery of a copy of the arbitral award as required by ORS 36.514 (Arbitral award) (4). The relying party shall pay to the clerk the filing fee established under ORS 21.135 (Standard filing fee) , after which the clerk shall enter the arbitral award of record in the office of the clerk. If no application to set aside is filed against the arbitral award as provided in ORS 36.520 (Setting aside award) within the time specified in ORS 36.520 (Setting aside award) (3) or, if such an application is filed, the relying party after the disposition of the application indicates the intention to still rely on the award or to apply for its enforcement, judgment shall be entered as upon the verdict of a jury, and execution may issue thereon, and the same proceedings may be had upon the award with like effect as upon a verdict in a civil action. [1991 c.405 §38; 2011 c.595 §42]

Source: Section 36.522 — Enforcement of award; procedure; fee; entry of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.520 — OR Code / Title 3 / Chapter 34 / Section 34.520
34.520 Sickness of person
Status: in_force

Whenever, from the sickness or infirmity of the party, the party cannot, without danger, be produced, the officer or person in whose custody the party is may state that fact in the return to the writ, and if satisfied of the truth of the allegation, and the return is otherwise sufficient, the court or judge shall proceed to decide on the return, and to dispose of the matter, the same as if the party had been produced.

Source: Section 34.520 — Sickness of person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.340 — OR Code / Title 3 / Chapter 30 / Section 30.340
30.340 Title of proceedings by or against county
Status: in_force

All actions, suits or proceedings by or against a county shall be in the name of the county, but the county is represented by the county court, which has the power to control the proceeding as if it were plaintiff or defendant, as the case may be.

Source: Section 30.340 — Title of proceedings by or against county; control of proceedings by county court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.695 — OR Code / Title 3 / Chapter 34 / Section 34.695
34.695 Conduct of hearing
Status: in_force

If the matter proceeds to an evidentiary hearing, as described in ORS 34.670 (Replication following return) , the court shall decide the issues raised in the pleadings and may receive proof by affidavits, depositions, oral testimony or other competent evidence. [1991 c.884 §12]

Source: Section 34.695 — Conduct of hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 35.285 — OR Code / Title 3 / Chapter 35 / Section 35.285
35.285 Distribution of deposits
Status: in_force

(1) The court may distribute all or any part of the funds deposited by a condemner to the persons entitled thereto for or on account of the just compensation to be awarded in the action, upon such terms and conditions as may appear just and reasonable.

(2) Any persons entitled to withdraw any or all of the deposit, as provided by subsection (1) of this section, may do so at any time without waiving rights of appeal provided by ORS 35.355 (Appeal) . [1971 c.741 §12]

Source: Section 35.285 — Distribution of deposits; effect of withdrawal on appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 33.610 — OR Code / Title 3 / Chapter 33 / Section 33.610
33.610 Evaluating securities of secured creditor
Status: in_force

In the administration of a decedent’s estate, or whenever the assets of any person, partnership or corporation are being administered in receivership or any liquidation proceedings, or under an assignment for the benefit of creditors, the value of securities held by secured creditors shall be determined by converting the same into money according to the terms of the agreement pursuant to which the securities were delivered to the creditors, or by the creditors and the person or official liquidating the assets by agreement, arbitration, compromise or litigation. Where the proceedings are in court, the determination shall be subject to the control or decision of the court. If, under an assignment for the benefit of creditors, the secured creditor and the assignee cannot, by agreement, arbitration or compromise, determine the value, either the assignee or the creditor may apply to a court of competent jurisdiction in the place of residence of the assignee for determination of the value by declaratory judgment, or otherwise. In all cases, the amount of the determined value shall be credited upon the secured claim and a general or unsecured creditor’s dividend shall be paid only on the uncredited balance, if any, of the claim. Nothing contained in this section shall be construed to compel any creditor holding security to file a claim for participation in any such estate or proceeding, or to compel the creditor, if the creditor does not file a claim, to foreclose or realize upon the security of the creditor.

DETERMINATION OF LEGALITY OF MUNICIPAL CORPORATION’S ORGANIZATION AND ACTIONS

Source: Section 33.610 — Evaluating securities of secured creditor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 35.215 — OR Code / Title 3 / Chapter 35 / Section 35.215
35.215 Definitions for chapter
Status: in_force

As used in this chapter, unless the context otherwise requires:

(1) “Condemner” means the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof or a private corporation that has the power to exercise the right of eminent domain.

(2) “Owner” or “owner of the property” means the owner of property.

(3) “Person” means person as defined by ORS 174.100 (Definitions) and also includes the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof.

(4) “Private condemner” means a private corporation that has the power to exercise the right of eminent domain.

(5) “Property” means real or personal property or any interest therein of any kind or nature that is subject to condemnation.

(6) “Public condemner” means condemner other than private condemner. [1971 c.741 §4; 1983 c.327 §10; 2003 c.14 §18]

Source: Section 35.215 — Definitions for chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 33.430 — OR Code / Title 3 / Chapter 33 / Section 33.430
33.430 Change of name on record of live birth
Status: in_force

(1) In the case of a change, by court order, of the name of the parents of any minor child, if the child’s record of live birth is on file in this state, the State Registrar of the Center for Health Statistics, upon receipt of a certified copy of the court order changing the name, together with the information required to locate the original record of live birth, shall prepare a new record of live birth for the child in the new name of the parents of the child. The name of the parents as so changed shall be set forth in a new certified copy of the record of live birth, in place of their original name.

(2) The evidence upon which the new record of live birth was made, and the original record of live birth, shall be sealed and filed by the State Registrar of the Center for Health Statistics, and may be opened only upon demand of the person whose name was changed, if of legal age, or by an order of a court of competent jurisdiction.

(3) When a change of name by parents will affect the name of their child under subsection (1) of this section, the court, on its own motion or on request of a child of the parents, may take testimony from or confer with the child and may exclude from the conference the parents and other persons if the court finds that such action would be in the best interests of the child. However, the court shall permit an attorney for the parents to attend the conference, and the conference shall be reported. If the court finds that a change of name would not be in the best interests of the child, the court may provide in the order changing the name of the parents that such change of name shall not affect the child, and a new record of live birth shall not be prepared for the child. [Amended by 1983 c.369 §7; 2005 c.22 §25; 2013 c.366 §51]

Source: Section 33.430 — Change of name on record of live birth; court conference with child , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 30.194 — OR Code / Title 3 / Chapter 30 / Section 30.194
30.194 Prohibitions relating to cable services
Status: in_force

A person shall not knowingly:

(1) Obtain cable service from a cable operator by trick, artifice, deception, use of an unauthorized device or decoder, or other means without authorization or with the intent to deprive the cable operator of lawful compensation for services rendered;

(2) Make or maintain, without authorization from or payment to a cable operator, a connection or connections, whether physical, electrical, mechanical, acoustical or otherwise with any cable, wire, component or other device used for the distribution of cable services, except that nothing in this subsection is intended to make unlawful circumstances in which the person has attached a wire or cable to extend authorized or paid cable services to an additional outlet or in which the cable operator has failed to disconnect previously authorized or paid cable service;

(3) Modify, alter or maintain a modification or alteration to a device installed by a cable operator if the modification or alteration is for the purpose of intercepting or otherwise receiving cable service without authorization from or payment to the cable operator;

(4) Possess, with intent to receive cable services without authorization from or payment to a cable operator, a printed circuit board or other device designed in whole or in part to facilitate:

(a) Receiving cable services offered for sale over a cable system; or

(b) Performing or facilitating any act described in subsections (1) to (3) of this section;

(5) Manufacture, import into this state, distribute, sell, lease or offer for sale or lease, with intent to promote the receipt of cable services without authorization from or payment to a cable operator, any printed circuit board, plan or other device, or a kit for such a device, designed in whole or in part to facilitate:

(a) Receiving cable services offered for sale over a cable system; or

(b) Performing or facilitating any act described in subsections (1) to (3) of this section; or

(6) Fail to return or surrender, upon demand and after service has been terminated, equipment provided by a cable operator to receive cable service. [1999 c.705 §2]

Source: Section 30.194 — Prohibitions relating to cable services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.226 — OR Code / Title 3 / Chapter 36 / Section 36.226
36.226 Public bodies other than state agencies
Status: in_force

(1) Except as provided in subsection (2) of this section, mediation communications in mediations in which a public body other than a state agency is a party are confidential and may not be disclosed or admitted as evidence in subsequent adjudicatory proceedings, as described in ORS 36.222 (Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings) (7).

(2) A public body other than a state agency may adopt a policy that provides that all or part of mediation communications in mediations in which the public body is a party will not be confidential. If a public body adopts a policy under this subsection, notice of the policy must be provided to all other parties in mediations that are subject to the policy. [1997 c.670 §4]

Source: Section 36.226 — Public bodies other than state agencies; confidentiality of mediation communications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.264 — OR Code / Title 3 / Chapter 36 / Section 36.264
36.264 Civil immunity for mediators and mediation service providers
Status: in_force

Mediators and agricultural mediation service providers are immune from civil liability for, or resulting from, any act or omission done or made while engaged in efforts to assist or facilitate a mediation under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) , unless the act or omission was made or done in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another. [1989 c.967 §9; 2015 c.202 §8]

Note: See note under 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) .

Source: Section 36.264 — Civil immunity for mediators and mediation service providers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.927 — OR Code / Title 3 / Chapter 30 / Section 30.927
30.927 When manufacturer of drug not liable for punitive damages
Status: in_force

(1) Where a drug allegedly caused the plaintiff harm, the manufacturer of the drug shall not be liable for punitive damages if the drug product alleged to have caused the harm:

(a) Was manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal Food and Drug Administration under the Federal Food, Drug and Cosmetic Act or the Public Health Service Act; or

(b) Is generally recognized as safe and effective pursuant to conditions established by the federal Food and Drug Administration and applicable regulations, including packaging and labeling regulations.

(2) Subsection (1) of this section does not apply if the plaintiff proves, in accordance with the standard of proof set forth in ORS 30.925 (Punitive damages) (1), that the defendant, either before or after making the drug available for public use, knowingly in violation of applicable federal Food and Drug Administration regulations withheld from or misrepresented to the agency or prescribing physician information known to be material and relevant to the harm which the plaintiff allegedly suffered.

(3) Nothing contained in this section bars an award of punitive damages where a manufacturer of a drug intentionally fails to conduct a recall required by a valid order of a federal or state agency authorized by statute to require such a recall.

(4) For the purposes of this section, the term “drug” has the meaning given to the term in section 1201 (g)(1) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 321 (g)(1). [1987 c.774 §5]

Note: Sections 1 and 2, chapter 536, Oregon Laws 2007, provide:

Sec. 1. (1) As used in this section, “COX-2 inhibitor” means a medication that is intended to inhibit the enzyme known as cyclooxygenase-2.

(2) A civil action for injury, including any product liability action under ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) and any action based on negligence, resulting from the use of a COX-2 inhibitor must be commenced not later than four years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the injury and the causal relationship between the injury and the product, or the causal relationship between the injury and the conduct of the defendant.

(3) A civil action for death, including any product liability action under ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) and any action based on negligence, resulting from the use of a COX-2 inhibitor must be commenced not later than six years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant. [2007 c.536 §1]

Sec. 2. (1) Except as provided in subsection (2) of this section, section 1 of this 2007 Act applies only to causes of action arising on or before January 1, 2007.

(2) Section 1 of this 2007 Act does not apply to any causes of action for which a judgment was entered in the register of a court before the effective date of this 2007 Act [January 1, 2008]. [2007 c.536 §2]

Source: Section 30.927 — When manufacturer of drug not liable for punitive damages; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 28.070 — OR Code / Title 3 / Chapter 28 / Section 28.070
28.070 Appeal or review
Status: in_force

All orders and judgments under this chapter may be appealed from or reviewed as other orders and judgments. [Amended by 2003 c.576 §305]

Source: Section 28.070 — Appeal or review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 31.260 — OR Code / Title 3 / Chapter 31 / Section 31.260
31.260 Definitions for ORS 31.260 to 31.278
Status: in_force

As used in ORS 31.260 (Definitions for ORS 31.260 to 31.278) to 31.278 (Use of information relating to notice of adverse health care incident) :

(1) “Adverse health care incident” means an objective, definable and unanticipated consequence of patient care that is usually preventable and results in the death of or serious physical injury to the patient.

(2) “Health care facility” has the meaning given that term in ORS 442.015 (Definitions) .

(3) “Health care provider” means a person practicing within the scope of the person’s license, registration or certification to practice as:

(a) A psychologist under ORS 675.030 (Licensing of psychologists after examination) to 675.070 (Authorized sanctions) , 675.085 (Investigation) and 675.090 (Application of ORS 675.010 to 675.150) ;

(b) An occupational therapist under ORS 675.230 (Application for licensing) to 675.300 (Grounds and procedures for denial, refusal to renew, suspension or revocation of license) ;

(c) A physician under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) ;

(d) An emergency medical services provider under ORS chapter 682;

(e) A podiatric physician and surgeon under ORS 677.820 (Qualifications of applicants) to 677.840 (Fees) ;

(f) A registered nurse under ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.410 (Fees) ;

(g) A dentist under ORS chapter 679;

(h) A dental hygienist under ORS 680.040 (Qualifications of applicants for dental hygiene licensure examination) to 680.100 (Discipline of dental hygienist) ;

(i) A denturist under ORS 680.515 (Application for license) to 680.535 (Grounds for imposing discipline) ;

(j) An audiologist or speech-language pathologist under ORS 681.250 (Requirement for license in speech-language pathology or audiology) to 681.350 (Denial, suspension or revocation of license or conditional license) ;

(k) An optometrist under ORS 683.040 (Qualifications of applicants) to 683.155 (Hearing) and 683.170 (Sanction may be set aside by board) to 683.220 (Licensing of applicant holding license in another state) ;

(L) A chiropractor under ORS 684.040 (Application for license) to 684.105 (Discipline procedure) ;

(m) A naturopath under ORS 685.060 (Minimum educational requirements for license) to 685.110 (Grounds for discipline) , 685.125 (Discipline procedure) and 685.135 (Certificate of special competency in natural childbirth) ;

(n) A massage therapist under ORS 687.011 (Definitions) to 687.250 (Enforcement) ;

(o) A direct entry midwife under ORS 687.405 (“Direct entry midwifery” defined) to 687.495 (Collection of data on birth and fetal death outcomes) ;

(p) A physical therapist under ORS 688.040 (Licensing procedure) to 688.145 (Discipline procedure) ;

(q) A medical imaging licensee under ORS 688.445 (Licensing and renewal procedure) to 688.525 (Grounds for discipline) ;

(r) A pharmacist under ORS 689.151 (Board control over licensing, standards and discipline) and 689.225 (License requirement) to 689.285 (Continuing education) ;

(s) A physician assistant under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) ; or

(t) A professional counselor or marriage and family therapist under ORS 675.715 (Application) to 675.835 (Injunctive proceedings) .

(4) “Patient” means the patient or, if the patient is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of ORS 31.260 (Definitions for ORS 31.260 to 31.278) to 31.278 (Use of information relating to notice of adverse health care incident) , the patient’s representative as provided in ORS 31.274 (Patient representatives) . [2013 c.5 §1; 2021 c.97 §4]

Source: Section 31.260 — Definitions for ORS 31.260 to 31.278 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 35.335 — OR Code / Title 3 / Chapter 35 / Section 35.335
35.335 Effect of condemner’s abandonment of action
Status: in_force

(1) If an action is abandoned by the condemner, the court shall enter judgment in favor of the defendant for costs and disbursements in the action and for reasonable attorney fees and reasonable expenses as determined by the court.

(2) Expenses mean costs of appraisals and fees for experts incurred in preparing and conducting the defense to the action.

(3) An action is considered abandoned if, at any time after filing a complaint, the case is dismissed or terminated or the condemner files an election not to take the property. If an election is not filed within 60 days after the verdict, the condemner is considered to have elected to take the property. [1971 c.741 §17]

Source: Section 35.335 — Effect of condemner’s abandonment of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 36.165 — OR Code / Title 3 / Chapter 36 / Section 36.165
36.165 Termination of county participation
Status: in_force

(1) Any county that receives a grant under ORS 36.155 (Grants for dispute resolution services in counties) may terminate its participation at the end of any month by delivering a resolution of its board of commissioners to the Dean of the University of Oregon School of Law not less than 180 days before the termination date.

(2) If a county terminates its participation under ORS 36.160 (Participation by counties) , the remaining portion of the grant made to the county under ORS 36.160 (Participation by counties) shall revert to the University of Oregon School of Law to be used as specified in ORS 36.155 (Grants for dispute resolution services in counties) . [1989 c.718 §14; 2003 c.791 §18; 2005 c.817 §4e]

Source: Section 36.165 — Termination of county participation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.794 — OR Code / Title 3 / Chapter 30 / Section 30.794
30.794 Liability of physician or hospital arising out of care provided by direct entry midwife
Status: in_force

(1) As used in this section:

(a) “Direct entry midwife” means a person practicing direct entry midwifery as defined in ORS 687.405 (“Direct entry midwifery” defined) .

(b) “Hospital” has the meaning given that term in ORS 442.015 (Definitions) .

(2) A person may not bring a cause of action against a physician licensed under ORS chapter 677 or against a hospital for injury to a patient if:

(a) The injury occurred as a result of care provided by a direct entry midwife in a setting outside the hospital; and

(b) The direct entry midwife requested that the patient be transported to the hospital because the direct entry midwife could not provide appropriate care to the patient.

(3) This section does not apply to the extent the physician or hospital contributed to the injury or to a claim of vicarious liability for care provided by a direct entry midwife.

(4) This section does not limit the liability of a physician or a hospital for gross negligence or reckless, wanton or intentional misconduct. [2011 c.650 §3]

Source: Section 30.794 — Liability of physician or hospital arising out of care provided by direct entry midwife , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.497 — OR Code / Title 3 / Chapter 30 / Section 30.497
30.497 When limitation on liability not applicable
Status: in_force

Nothing in ORS 30.492 (Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material) shall be construed to limit or otherwise affect the liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton or intentional misconduct. [1985 c.376 §4]

Source: Section 30.497 — When limitation on liability not applicable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.260 — OR Code / Title 3 / Chapter 30 / Section 30.260
30.260 Definitions for ORS 30.260 to 30.300
Status: in_force

As used in ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , unless the context requires otherwise:

(1) “Department” means the Oregon Department of Administrative Services.

(2) “Director” means the Director of the Oregon Department of Administrative Services.

(3) “Governing body” means the group or officer in which the controlling authority of any public body is vested.

(4) “Public body” means:

(a) A public body as defined in ORS 174.109 (“Public body” defined) ;

(b) Any nonprofit corporation that is organized and existing under ORS chapter 65 and that has only political subdivisions or municipal, quasi-municipal or public corporations in this state as members;

(c) A child-caring agency, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) , that meets the criteria specified in ORS 278.322 (Child care facility liability insurance coverage) (1)(a) and that receives more than 50 percent of its funding from the state for the purpose of providing residential treatment to children who have been placed in the care and custody of the state or that provides residential treatment to children more than half of whom have been placed in the care and custody of the state; or

(d) A private, nonprofit organization that provides public transportation services if more than 50 percent of the organization’s funding for the purpose of providing public transportation services is received from governmental bodies.

(5) “State” means:

(a) State government as defined in ORS 174.111 (“State government” defined) ;

(b) The State Accident Insurance Fund Corporation; and

(c) The Oregon Utility Notification Center.

(6) “Local public body” means any public body other than the state.

(7) “Nuclear incident” has the meaning given that term in 42 U.S.C. 2014(q).

(8) “Tort” means the breach of a legal duty that is imposed by law, other than a duty arising from contract or quasi-contract, the breach of which results in injury to a specific person or persons for which the law provides a civil right of action for damages or for a protective remedy. [1967 c.627 §1; 1975 c.609 §11; 1977 c.823 §1; 1981 c.109 §1; 1987 c.915 §9; subsections (7) and (8) enacted as 1987 c.705 §6; 1989 c.905 §1; 1989 c.1004 §2; 1993 c.500 §3; 1997 c.215 §4; 2005 c.684 §1; 2005 c.798 §2; 2009 c.67 §9; 2016 c.106 §41]

Source: Section 30.260 — Definitions for ORS 30.260 to 30.300 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.750 — OR Code / Title 3 / Chapter 30 / Section 30.750
30.750 Liability of abstractors
Status: in_force

Any person who, after May 24, 1923, certifies to any abstract of title to any land in Oregon, shall be liable for all damages sustained by any person who, in reliance on the correctness thereof, acts thereon with reference to the title of such land, and is damaged in consequence of any errors, omissions or defects therein, regardless of whether the abstract of title was ordered by the person so damaged. Nothing in this section shall be construed to prevent the maker of any abstract of title to land from limiting in the certificate to the abstract the liability of the maker thereunder to any person named in such certificate, but such limitation of liability must be expressly set forth in the certificate.

Source: Section 30.750 — Liability of abstractors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.390 — OR Code / Title 3 / Chapter 35 / Section 35.390
35.390 Effect of failure of condemner to use property as required
Status: in_force

(1) If a condemner fails to use the real property or any portion thereof acquired under this chapter within the time specified in an agreement entered into under ORS 35.385 (Public purpose use required of condemner) (1) or with the terms of a judgment given under ORS 35.325 (Effect of judgment) and 35.385 (Public purpose use required of condemner) (2), whichever applies, and the prior owner of the real property has not waived the right to repurchase the real property, the condemner shall offer such property or any portion thereof, that has not been used for a public purpose within the specified period, to the prior owner or the beneficiary of the prior owner designated as provided in ORS 35.400 (Designation of person to exercise right of repurchase) . The condemner shall, at its expense, insure the title to any property or portion thereof conveyed or vested in the owner or beneficiary under any provision of ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) , free and clear of any and all encumbrances except those subject to which the condemner originally took such property.

(2) The prior owner or beneficiary described in subsection (1) of this section may repurchase from the condemner the real property that is subject to the right of repurchase for a price equal to the sum of the compensation and damages paid by the condemner for the real property plus interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.

(3) If only a portion of the real property acquired by a condemner is subject to the right of repurchase under ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) , the prior owner or beneficiary may acquire such portion for a price equal to the sum of:

(a) The fair cash market value of the portion subject to the right of repurchase, as of the date of the commencement of any action subject to ORS 35.385 (Public purpose use required of condemner) ;

(b) The damages for diminution in value of the remainder, if any, of the former owner’s property not so acquired, as of the date of the commencement of any action subject to ORS 35.385 (Public purpose use required of condemner) ; and

(c) Interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.

(4) The offer to repurchase only a portion of real property as provided in subsection (1) of this section and ORS 35.400 (Designation of person to exercise right of repurchase) (3), shall be in writing and shall include the price for repurchase as determined by the condemner, including an itemization of the components thereof, pursuant to subsection (3) of this section. [1973 c.720 §3; 2003 c.14 §19]

Source: Section 35.390 — Effect of failure of condemner to use property as required; price of repurchase; form of offer of repurchase , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).