ORS § 30.813 — OR Code / Title 3 / Chapter 30 / Section 30.813
30.813 Liability of person who enters motor vehicle to remove unattended child or domestic animal
Status: in_force

(1) As used in this section, “motor vehicle” has the meaning given that term in ORS 801.360 (“Motor vehicle.”) .

(2) A person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal left unattended in the motor vehicle is not subject to criminal or civil liability if the person:

(a) Before entering the motor vehicle, determines that the motor vehicle is locked or there is no reasonable method for the child or animal to exit the motor vehicle without assistance;

(b) Has a good faith and reasonable belief, based upon the circumstances, that entry into the motor vehicle is necessary because the child or animal is in imminent danger of suffering harm;

(c) Before or as soon as is reasonably practicable after entering the motor vehicle, notifies law enforcement or emergency services;

(d) Uses no more force than is necessary to enter the motor vehicle and remove the child or animal; and

(e) Remains with the child or animal in a safe location, in reasonable proximity to the motor vehicle, until law enforcement, emergency services or the owner or operator of the motor vehicle arrives.

(3) This section does not limit the liability of a person for gross negligence or for reckless, wanton or intentional misconduct.

(4) This section does not limit the liability of a peace officer as defined in ORS 161.015 (General definitions) . [2017 c.424 §1]

Source: Section 30.813 — Liability of person who enters motor vehicle to remove unattended child or domestic animal; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.482 — OR Code / Title 3 / Chapter 36 / Section 36.482
36.482 Substitute arbitrator
Status: in_force

(1) In addition to the circumstances referred to under ORS 36.478 (Procedure for challenging arbitrator) and 36.480 (Withdrawal of arbitrator) , the mandate of an arbitrator terminates upon withdrawal from office for any reason, or by or pursuant to the agreement of the parties.

(2) Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.

(3) Unless otherwise agreed by the parties:

(a) Where the number of arbitrators is less than three and an arbitrator is replaced, any hearings previously held shall be repeated.

(b) Where the presiding arbitrator is replaced, any hearings previously held shall be repeated.

(c) Where the number of arbitrators is three or more and an arbitrator other than the presiding arbitrator is replaced, any hearings previously held may be repeated at the discretion of the arbitral tribunal.

(4) Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal. [1991 c.405 §18]

Source: Section 36.482 — Substitute arbitrator; effect of substitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.235 — OR Code / Title 3 / Chapter 35 / Section 35.235
35.235 Agreement for compensation
Status: in_force

(1) Subject to ORS 758.015 (Certificate of public convenience and necessity) and 836.050 (Condemnation of railroad or public utility property) , whenever in the judgment of the condemner it is necessary to acquire property for a purpose for which the condemner is authorized by law to acquire property, the condemner shall, after first declaring by resolution or ordinance such necessity and the purpose for which it is required, attempt to agree with the owner with respect to the compensation to be paid therefor, and the damages, if any, for the taking thereof.

(2) The resolution or ordinance of a public condemner is presumptive evidence of the public necessity of the proposed use, that the property is necessary therefor and that the proposed use, improvement or project is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.

(3) The commencement of an action to condemn property by a private condemner creates a disputable presumption of the necessity of the proposed use, that the property is necessary therefor and that the proposed use, improvement or project is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.

(4) The question of the validity of the disputable presumptions created in subsection (3) of this section, if raised, shall be determined by the court in a summary proceeding prior to trial.

(5) It is not a prerequisite to the exercise of the right of eminent domain by the condemner to attempt first to agree with an owner or to allege or prove any effort to agree with such owner as to reasonable value, when such owner is at the time concealed within the state or, after reasonable effort by condemner, cannot be found within the state. [1971 c.741 §6; 1973 c.579 §1]

Source: Section 35.235 — Agreement for compensation; status of resolution or ordinance of public condemner; status of action of private condemner; agreement effort not prerequisite , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.138 — OR Code / Title 3 / Chapter 30 / Section 30.138
30.138 Remedies for violation of Servicemembers Civil Relief Act
Status: in_force

(1) In addition to any other remedy payable to a servicemember for the enforcement of a right under 50 U.S.C. 3901 et seq., a court shall award a servicemember reasonable attorney fees and the amounts specified in subsection (2) of this section if the court finds that written demand as described in subsection (3) of this section was mailed to the opposing party demanding relief under 50 U.S.C. 3901 et seq., and the opposing party failed to remedy the violation of 50 U.S.C. 3901 et seq. within 30 days after the mailing of the demand.

(2) If a court finds that notice was mailed as required by this section, and the opposing party failed to remedy the violation of 50 U.S.C. 3901 et seq. within the time allowed, the court shall award the servicemember:

(a) The greater of $1,000 or actual damages, including damages for emotional distress; or

(b) If the court finds that the opposing party’s conduct was willful, as described in ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) , the court shall award the servicemember the greater of $5,000 or three times the amount of actual damages, including damages for emotional distress.

(3) A written demand under subsection (1) of this section must be sent by certified mail, return receipt requested. The demand must include the servicemember’s name and address, the date on which the servicemember went on active duty and a description of the alleged violation of 50 U.S.C. 3901 et seq. [2009 c.83 §2; 2019 c.13 §19]

Source: Section 30.138 — Remedies for violation of Servicemembers Civil Relief Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.690 — OR Code / Title 3 / Chapter 36 / Section 36.690
36.690 Change of award by arbitrator
Status: in_force

(1) Upon request by a party to an arbitration proceeding, an arbitrator may modify or correct an award:

(a) Upon a ground stated in ORS 36.710 (Modification or correction of award) (1)(a) or (c);

(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(c) To clarify the award.

(2) A request under subsection (1) of this section must be made and notice given to all parties within 20 days after the requesting party receives notice of the award.

(3) A party to the arbitration proceeding must give notice of any objection to the request within 10 days after receipt of the notice under subsection (2) of this section.

(4) If a petition to the court is pending under ORS 36.700 (Confirmation of award) , 36.705 (Vacating award) or 36.710 (Modification or correction of award) , the court may submit the claim to the arbitrator to consider whether to modify or correct the award:

(a) Upon a ground stated in ORS 36.710 (Modification or correction of award) (1)(a) or (c);

(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(c) To clarify the award.

(5) An award modified or corrected pursuant to this section is subject to ORS 36.685 (Award) (1), 36.700 (Confirmation of award) , 36.705 (Vacating award) and 36.710 (Modification or correction of award) . [2003 c.598 §20]

Note: See note under 36.600 (Definitions) .

Source: Section 36.690 — Change of award by arbitrator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.825 — OR Code / Title 3 / Chapter 30 / Section 30.825
30.825 Action for unlawful tree spiking
Status: in_force

Any person who is damaged by an act prohibited in ORS 164.886 (Unlawful tree spiking) (1) to (3) may bring a civil action to recover damages sustained. A party seeking civil damages under this section may recover upon proof by a preponderance of the evidence of a violation of the provisions of ORS 164.886 (Unlawful tree spiking) (1) to (3). The court may award reasonable attorney fees to the prevailing party in an action under this section. [1989 c.1003 §4; 1995 c.618 §27]

Source: Section 30.825 — Action for unlawful tree spiking; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.615 — OR Code / Title 3 / Chapter 36 / Section 36.615
36.615 Application for judicial relief
Status: in_force

(1) Except as otherwise provided in ORS 36.730 (Appeals) , an application for judicial relief under ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) must be made by petition to the court. The petitioner and the respondent must pay the filing fees established under ORS 21.135 (Standard filing fee) .

(2) Unless a civil action involving the agreement to arbitrate is pending, notice of a first petition to the court under ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) must be served in the manner provided by ORCP 7 D. Otherwise, notice of the petition must be given in the manner provided by ORCP 9. [2003 c.598 §5; 2003 c.737 §§40a,40c; 2005 c.702 §§45,46,47; 2007 c.860 §6; 2010 c.107 §§40,41; 2011 c.595 §44]

Note: See note under 36.600 (Definitions) .

Source: Section 36.615 — Application for judicial relief; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 37.330 — OR Code / Title 3 / Chapter 37 / Section 37.330
37.330 Initial notice to creditors and other interested persons
Status: in_force

(1) A receiver shall, within 30 days after the receiver’s appointment, provide notice of the receivership to all known creditors of the owner and any other known interested persons that includes:

(a) The date of appointment of the receiver;

(b) The name of the court and the case number of the receivership;

(c) The deadline for the submission of claims by creditors, if known;

(d) The name and address of the owner;

(e) The name and address of the receiver and receiver’s attorney, if any;

(f) A procedure for notifying the receiver if the recipient is represented by an attorney;

(g) A procedure for being placed on the special notice list; and

(h) A statement that the person may not receive notice of all further proceedings in the receivership unless the person requests to be placed on the special notice list.

(2) The notice required under this section must be given by first class mail or by such other methods as the court may approve or require.

(3) In addition to the methods described in subsection (2) of this section, the notice required under this section must be published at least once per week for two consecutive weeks in a newspaper of general circulation in all counties in which estate property is known to be located. [2017 c.358 §33]

Source: Section 37.330 — Initial notice to creditors and other interested persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 36.504 — OR Code / Title 3 / Chapter 36 / Section 36.504
36.504 Appointment of experts
Status: in_force

(1) Unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal and require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for the expert’s inspection.

(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of the expert’s written or oral report, participate in an oral hearing where the parties have the opportunity to question the expert and to present expert witnesses on the points at issue. [1991 c.405 §29; 1993 c.244 §7]

Source: Section 36.504 — Appointment of experts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.505 — OR Code / Title 3 / Chapter 30 / Section 30.505
30.505 Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws
Status: in_force

(1) Except as provided in subsection (2) of this section, no person may maintain an action for damages against a person who voluntarily provides assistance, training or advice to a generator directly related to procedures or actions the generator must take to comply with the requirements of state or federal hazardous waste disposal laws.

(2) The immunity provided in subsection (1) of this section shall not apply to:

(a) Any person whose act or omission caused in whole or in part the occurrence resulting in the damages for which the action is brought and who would otherwise be liable for the damages.

(b) Any person who receives compensation other than reimbursement for expenses for the person’s service in providing such assistance, training or advice.

(c) The liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton or intentional misconduct.

(d) Any activity for which a person is otherwise strictly liable without regard to fault. [1987 c.332 §2]

ACTIONS FOR USURPATION OF OFFICE OR FRANCHISE; TO ANNUL CORPORATE EXISTENCE; TO ANNUL LETTERS PATENT

Source: Section 30.505 — Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.295 — OR Code / Title 3 / Chapter 30 / Section 30.295
30.295 Payment of judgment or settlement
Status: in_force

(1) When a judgment is entered against or a settlement is made by a public body for a claim 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) , including claims against officers, employees or agents required to be indemnified under ORS 30.285 (Public body shall indemnify public officers) , payment shall be made and the same remedies shall apply in case of nonpayment as in the case of other judgments or settlements against the public body except as otherwise provided in this section.

(2) If the public body is authorized to levy taxes that could be used to satisfy a judgment or settlement 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) , and it has, by resolution, declared that the following conditions exist, interest shall accrue on the judgment or settlement, but the same shall not be due and payable until after the canvass and certification of an election upon a special tax levy for purposes of satisfying the judgment or settlement:

(a) The amount of the judgment or settlement would exceed amounts budgeted for contingencies, tort claims and projected surplus in the current budget;

(b) The amount of the judgment or settlement would exceed 10 percent of the total of the next fiscal year’s projected revenues that are not restricted as to use, including the maximum amount of general property tax that could be levied without election but excluding any levy for debt service;

(c) Payment of the judgment or settlement within less than a certain number of years would seriously impair the ability of the public body to carry out its responsibilities as a unit of government; and

(d) The public body has passed an appropriate ordinance or resolution calling a special election to submit to its electors a special levy in an amount sufficient to satisfy the judgment or settlement.

(3) A certified copy of the resolution provided for in subsection (2) of this section shall be filed with the clerk of the court in which an order permitting installment payments could be entered.

(4) If the public body is not authorized to levy taxes as provided in subsection (2) of this section, and it has, by resolution, declared that the applicable conditions specified in subsection (2)(a) to (c) of this section exist, it may petition for an order permitting installment payments as provided in subsection (6) of this section.

(5) Intentionally left blank —Ed.

(a) The provisions of subsections (2) and (4) of this section do not apply to the State of Oregon.

(b) Notwithstanding paragraph (a) of this subsection, if the conditions specified in subsection (4) of this section exist, the Secretary of State may, under Seal of the State of Oregon, attest thereto in lieu of a resolution, and the State of Oregon may thereafter petition for an order permitting installment payments as provided in subsection (6) of this section.

(6) If the procedure specified in subsections (2) to (5) of this section has been followed, and, with respect to public bodies subject to subsection (2) of this section, the tax levy failed, the public body may petition for an order permitting installment payments. The petition shall be filed in the court in which judgment was entered or, if no judgment has been entered, it shall be filed in the circuit court of the judicial district in which the public body has its legal situs. Petitions by the State of Oregon when no judgment has been entered shall be filed in Marion County Circuit Court.

(7) The court in which a petition is filed shall order that the judgment or settlement be paid in quarterly, semiannual or annual installments over a period of time not to exceed 10 years. The court shall determine the term of years based upon the ability of the public body to effectively carry out its governmental responsibilities, and shall not allow a longer term than appears reasonably necessary to meet that need. The order permitting installment payments shall provide for annual interest at the judgment rate. [1967 c.627 §9; 1977 c.823 §4; 2005 c.22 §20]

Source: Section 30.295 — Payment of judgment or settlement; remedies for nonpayment; tax levy for payment; installment payments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.280 — OR Code / Title 3 / Chapter 31 / Section 31.280
31.280 Task Force on Resolution of Adverse Health Care Incidents
Status: in_force

(1) The Task Force on Resolution of Adverse Health Care Incidents is established, consisting of 14 members appointed as follows:

(a) The President of the Senate shall appoint two members from among members of the Senate as follows:

(A) One member from the Democratic party.

(B) One member from the Republican party.

(b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives as follows:

(A) One member from the Democratic party.

(B) One member from the Republican party.

(c) The Governor shall appoint 10 members, including:

(A) At least three members who are physicians licensed under ORS chapter 677 and in active practice;

(B) At least three members who are trial lawyers;

(C) One member who is a representative of the hospital industry; and

(D) One member who is an advocate for patient safety.

(2) The task force shall:

(a) Evaluate the implementation and effects 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) ; and

(b) Before December 31 of each year, report to an appropriate committee or interim committee of the Legislative Assembly on the implementation and effects 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) .

(3) The task force may recommend legislation to be introduced to improve the resolution of adverse health care incidents.

(4) A majority of the voting members of the task force constitutes a quorum for the transaction of business.

(5) Official action by the task force requires the approval of a majority of the voting members of the task force.

(6) The Governor shall select one member of the task force to serve as chairperson and another to serve as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of such offices as the Governor determines.

(7) The term of a member of the task force is four years, but a member serves at the pleasure of the appointing authority. A member may be reappointed. Before the expiration of the term of a member, the appointing authority shall appoint a successor or reappoint the member. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(8) Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.

(9) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.

(10) The task force may adopt rules necessary for the operation of the task force.

(11) The Oregon Patient Safety Commission shall provide staff support to the task force.

(12) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the commission for purposes of the task force.

(13) All agencies of state government, as defined in ORS 174.111 (“State government” defined) , are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2013 c.5 §17]

Source: Section 31.280 — Task Force on Resolution of Adverse Health Care Incidents; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 34.730 — OR Code / Title 3 / Chapter 34 / Section 34.730
34.730 Forfeiture for refusing copy of order or process
Status: in_force

Any officer or other person refusing to deliver a copy of any order, warrant, process or other authority by which the officer or person detains any person, to anyone who demands a copy, and tenders the fees therefor, shall forfeit $200 to the person so detained.

Source: Section 34.730 — Forfeiture for refusing copy of order or process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.788 — OR Code / Title 3 / Chapter 30 / Section 30.788
30.788 Liability of architect, engineer, inspector or building evaluator for emergency relief services
Status: in_force

(1) An action for damages arising out of the practice of architecture, as defined in ORS 671.010 (Definitions) , may not be maintained by any person against an architect for services rendered by the architect under the provisions of this section.

(2) An action for damages arising out of the practice of engineering, as described in ORS 672.007 (Acts constituting practicing or offering to practice engineering, land surveying or photogrammetric mapping) , may not be maintained by any person against an engineer for structural engineering services rendered by the engineer under the provisions of this section.

(3) An action for damages arising out of the provision of building code inspections, plan reviews or post-disaster building evaluations may not be maintained by any person against a certified inspector or certified building evaluator if the inspector or building evaluator is providing building code inspections, plan reviews or post-disaster building evaluations under the provisions of this section and the inspector or building evaluator is operating within the scope of the certification.

(4) The immunity provided by this section applies only to services that meet all of the following requirements:

(a) The services are rendered without compensation.

(b) The services are rendered within 60 days after the Governor declares a state of emergency under the provisions of ORS 401.165 (Declaration of state of emergency) .

(c) The services are rendered to assist in relief efforts arising out of the emergency giving rise to the declaration of emergency.

(5) This section does not affect the liability of any architect, engineer, inspector or building evaluator for gross negligence or intentional torts.

(6) The immunity provided by this section applies only to:

(a) Inspectors certified under ORS 455.715 (Definitions for ORS 455.715 to 455.740) to 455.740 (Denial of certificate) ;

(b) Building evaluators certified for post-disaster building evaluation by the Department of Consumer and Business Services;

(c) Architects who are registered under ORS 671.010 (Definitions) to 671.220 (Board action to enjoin violations) ;

(d) Engineers who are registered under ORS 672.002 (Definitions for ORS 672.002 to 672.325) to 672.325 (Civil penalties) ; and

(e) Architects and engineers who are licensed or registered under the laws of another state. [1995 c.616 §1; 2009 c.259 §19; 2013 c.196 §15]

Source: Section 30.788 — Liability of architect, engineer, inspector or building evaluator for emergency relief services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.421 — OR Code / Title 3 / Chapter 34 / Section 34.421
34.421 Contents of writ
Status: in_force

The writ shall require the defendant to file a return, at a specified time and place, that states the time and cause of plaintiff’s imprisonment or restraint. The writ shall not command the defendant to produce the plaintiff before the court or judge issuing the writ, unless the court, in its discretion, so orders. The court shall consider an allegation of lack of authority, brought only under ORS 34.360 (Contents of petition when person challenges authority for confinement) , as a factor weighing in favor of requiring the defendant to produce the plaintiff at the time of the return. [1991 c.884 §2 (enacted in lieu of 34.420)]

Source: Section 34.421 — Contents of writ , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 34.160 — OR Code / Title 3 / Chapter 34 / Section 34.160
34.160 Allowance of peremptory writ in first instance
Status: in_force

When the right to require the performance of the act is clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus shall be allowed in the first instance; in all other cases, the alternative writ shall be first issued.

Source: Section 34.160 — Allowance of peremptory writ in first instance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 31.770 — OR Code / Title 3 / Chapter 31 / Section 31.770
31.770 Inadmissibility of calculation of future earning potential based on race or ethnicity
Status: in_force

(1) A calculation of the projected future earning potential of the plaintiff that takes into account the race or ethnicity of the plaintiff is inadmissible in any civil action.

(2) The court shall instruct the jury in a civil action involving a claim for projected future earnings that the jury may not consider the race or ethnicity of the plaintiff in determining whether to award damages for projected future earnings or the amount of damages for projected future earnings. [2018 c.11 §1]

Source: Section 31.770 — Inadmissibility of calculation of future earning potential based on race or ethnicity; jury instruction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.488 — OR Code / Title 3 / Chapter 36 / Section 36.488
36.488 Fairness in proceedings
Status: in_force

The parties shall be treated with equality and each party shall be given a full opportunity to present the case of the party. [1991 c.405 §21]

Source: Section 36.488 — Fairness in proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.360 — OR Code / Title 3 / Chapter 30 / Section 30.360
30.360 Governmental unit as defendant in actions involving liens on realty
Status: in_force

(1) In any suit, action or proceeding brought in any circuit court of this state, affecting the title to real property on which a governmental unit has, or claims to have, a lien, other than a suit, action or proceeding to foreclose tax liens or special improvement liens, the governmental unit may be made a party defendant, and its rights or interests adjudicated. When property has been or is acquired in the name of a governmental unit upon which there are valid, unpaid special improvement liens at the time of the acquisition, the governmental unit may be made a party defendant in a suit to foreclose the lien.

(2) In any suit, action or proceeding brought in any circuit court of this state involving the title to real property where a governmental unit has record title to contested real property, the governmental unit may be made a party defendant, and its rights or interests adjudicated.

(3) In no event shall any money judgment be rendered or recovery made against a governmental unit in any suit, action or proceeding brought under the provisions of this section.

(4) For the purposes of this section, “governmental unit” means the State of Oregon or any county, incorporated city, school district or other public corporation of like character in this state. [Amended by 1959 c.586 §1; 1993 c.289 §2]

Source: Section 30.360 — Governmental unit as defendant in actions involving liens on realty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.400 — OR Code / Title 3 / Chapter 36 / Section 36.400
36.400 Mandatory arbitration programs
Status: in_force

(1) A mandatory arbitration program is established in each circuit court.

(2) Rules consistent with ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) to govern the operation and procedure of an arbitration program established under this section may be made in the same manner as other rules applicable to the court and are subject to the approval of the Chief Justice of the Supreme Court.

(3) Each circuit court shall require arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) in matters involving $50,000 or less.

(4) ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) do not apply to appeals from a county, justice or municipal court or actions in the small claims department of a circuit court. Actions transferred from the small claims department of a circuit court by reason of a request for a jury trial under ORS 46.455 (Admission or denial of claim) , by reason of the filing of a counterclaim in excess of the jurisdiction of the small claims department under ORS 46.461 (Counterclaims) , or for any other reason, shall be subject to ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) to the same extent and subject to the same conditions as a case initially filed in circuit court. The arbitrator shall not allow any party to appear or participate in the arbitration proceeding after the transfer unless the party pays the arbitrator fee established by court rule or the party obtains a waiver or deferral of the fee from the court and provides a copy of the waiver or deferral to the arbitrator. The failure of a party to appear or participate in the arbitration proceeding by reason of failing to pay the arbitrator fee or obtain a waiver or deferral of the fee does not affect the ability of the party to appeal the arbitrator’s decision and award in the manner provided by ORS 36.425 (Filing of decision and award) . [Formerly 33.350; 1993 c.482 §1; 1995 c.618 §10; 1995 c.658 §30a; 1997 c.46 §§3,4; 2005 c.274 §1]

Source: Section 36.400 — Mandatory arbitration programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.090 — OR Code / Title 3 / Chapter 34 / Section 34.090
34.090 Order for further return
Status: in_force

If the return to the writ is incomplete, the court may order a further return to be made.

Source: Section 34.090 — Order for further return , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.961 — OR Code / Title 3 / Chapter 30 / Section 30.961
30.961 Actions against sellers of food for food-related condition
Status: in_force

(1) As used in this section:

(a) “Food” has the meaning given that term in 21 U.S.C. 321, as in effect on January 1, 2006.

(b) “Food-related condition” means:

(A) Weight gain;

(B) Obesity;

(C) A health condition associated with weight gain or obesity; or

(D) A generally recognized health condition alleged to be caused by, or alleged to likely result from, long-term consumption of food rather than a single instance of consumption of food.

(2) A person may not maintain an action for a claim of injury or death caused by a food-related condition against a person involved in the selling of food, as described in ORS 616.210 (“Selling of food” construed) .

(3) This section does not apply to a claim that includes as an element of the cause of action that a food-related condition was caused by:

(a) Adulterated food, as described in ORS 616.235 (When food deemed adulterated) ;

(b) Reliance on information about food that has been misbranded, as described in ORS 616.250 (When food deemed misbranded) ;

(c) Violation of a provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as in effect on January 1, 2006, prohibiting adulterated or misbranded food; or

(d) Knowing and willful violation of any other state or federal law related to the manufacturing, marketing, distribution, advertisement, labeling or sale of food.

(4) A violation of law is knowing and willful for the purposes of subsection (3)(d) of this section if the person engaged in the conduct that constituted the violation with the intent to deceive or injure or with actual knowledge that the conduct was deceptive or injurious.

(5) This section does not create any claim, right of action or civil liability. This section does not affect any government agency’s statutory authority to enforce laws relating to adulteration or misbranding of food. [2005 c.658 §1]

Source: Section 30.961 — Actions against sellers of food for food-related condition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.350 — OR Code / Title 3 / Chapter 31 / Section 31.350
31.350 Pleading requirements for actions against real estate licensees
Status: in_force

(1) As used in this section, “real estate licensee” has the meaning given that term in ORS 696.010 (Definitions) .

(2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim of professional negligence against a real estate licensee for conduct occurring within the course and scope of the professional real estate activity for which the individual is licensed may not be filed unless the claimant’s attorney certifies that the attorney has consulted a real estate licensee who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the real estate licensee. The certification required by this section must be filed with or be made part of the original complaint, cross-claim, counterclaim or third-party complaint. The certification must contain a statement that a real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, is available and willing to testify that:

(a) The alleged conduct of the real estate licensee failed to meet the standard of professional care applicable to the real estate licensee in the circumstances alleged; and

(b) The alleged conduct was a cause of the claimed damages, losses or other harm.

(3) In lieu of providing the certification described in subsection (2) of this section, the claimant’s attorney may file with the court at the time of filing a complaint, cross-claim, counterclaim or third-party complaint an affidavit that states:

(a) The applicable statute of limitations is about to expire;

(b) The certification required under subsection (2) of this section will be filed within 30 days after filing the complaint, cross-claim, counterclaim or third-party complaint or such longer time as the court may allow for good cause shown; and

(c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, as required by subsection (2) of this section.

(4) Upon motion of the real estate licensee, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any real estate licensee who fails to comply with the requirements of this section.

(5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a real estate licensee by any plaintiff who:

(a) Has contracted with or otherwise employed the real estate licensee; or

(b) Is a person for whose benefit the real estate licensee performed services. [2005 c.277 §1; 2007 c.319 §25]

Source: Section 31.350 — Pleading requirements for actions against real estate licensees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.175 — OR Code / Title 3 / Chapter 36 / Section 36.175
36.175 Rules for administration of dispute resolution programs
Status: in_force

(1) The Dean of the University of Oregon School of Law shall adopt by rule:

(a) Standards and guidelines for dispute resolution programs receiving grants under ORS 36.155 (Grants for dispute resolution services in counties) ;

(b) Minimum reporting requirements for dispute resolution programs receiving grants under ORS 36.155 (Grants for dispute resolution services in counties) ;

(c) Methods for evaluating dispute resolution programs receiving grants under ORS 36.155 (Grants for dispute resolution services in counties) ;

(d) Minimum qualifications and training for persons conducting dispute resolution services in dispute resolution programs receiving grants under ORS 36.155 (Grants for dispute resolution services in counties) ;

(e) Participating funds requirements, if any, for entities receiving grants under ORS 36.155 (Grants for dispute resolution services in counties) ;

(f) Requirements, if any, for the payment by participants for services provided by a program receiving grants under ORS 36.155 (Grants for dispute resolution services in counties) ; and

(g) Any other provisions or procedures for the administration of ORS 36.100 (Policy for ORS 36.100 to 36.238) to 36.175 (Rules for administration of dispute resolution programs) .

(2) This section does not apply to state agency dispute resolution programs. [1989 c.718 §16; 1997 c.706 §4; 2003 c.791 §19; 2005 c.817 §4g]

Source: Section 36.175 — Rules for administration of dispute resolution programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.900 — OR Code / Title 3 / Chapter 30 / Section 30.900
30.900 “Product liability civil action” defined
Status: in_force

As used in ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) , “product liability civil action” means a civil action brought against a manufacturer, distributor, seller or lessor of a product for damages for personal injury, death or property damage arising out of:

(1) Any design, inspection, testing, manufacturing or other defect in a product;

(2) Any failure to warn regarding a product; or

(3) Any failure to properly instruct in the use of a product. [1977 c.843 §1]

Source: Section 30.900 — “Product liability civil action” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.610 — OR Code / Title 3 / Chapter 35 / Section 35.610
35.610 Ordinance or resolution required
Status: in_force

Before the right to purchase, acquire, enter upon and appropriate any adjoining land or property under ORS 35.605 (Authorization to acquire adjoining property for roadways) is exercised by any condemner, the governing body shall by appropriate ordinance or resolution describe the land to be purchased, acquired, entered upon or appropriated, and shall further determine that the appropriation of such land is reasonably necessary to protect the full use and enjoyment by the public of the road, street or highway. [Formerly 281.520]

Source: Section 35.610 — Ordinance or resolution required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 34.810 — OR Code / Title 3 / Chapter 34 / Section 34.810
34.810 Scire facias and quo warranto
Status: repealed

The writ of scire facias, the writ of quo warranto, and proceedings by information in the nature of quo warranto are abolished, and the remedies heretofore obtainable under those forms may be obtained by action in the mode prescribed in ORS 30.510 (Action for usurpation of office or franchise, forfeiture of office or failure to incorporate) to 30.640 (Enforcement of judgment) .

34.820 [Repealed 1981 c.898 §53]

Source: Section 34.810 — Scire facias and quo warranto , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.478 — OR Code / Title 3 / Chapter 36 / Section 36.478
36.478 Procedure for challenging arbitrator
Status: in_force

(1) Subject to subsection (4)(a) of this section, the parties may agree on a procedure for challenging an arbitrator.

(2) Failing any agreement referred to in subsection (1) of this section, a party which intends to challenge an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in ORS 36.476 (Disclosure by proposed arbitrators and conciliators) (4) and (5), whichever shall be later, send a written statement of the reasons for the challenge to the arbitral tribunal.

(3) Unless the arbitrator challenged under subsection (2) of this section withdraws from office or the other party agrees to the challenge, the arbitral tribunal shall decide the challenge.

(4) Intentionally left blank —Ed.

(a) If a challenge under any procedure agreed upon by the parties or under the procedure under subsections (2) and (3) of this section is not successful, the challenging party may request the circuit court, within 30 days after having received notice of the decision rejecting the challenge, to decide on the challenge.

(b) When the request is made, the circuit court may refuse to decide on the challenge if it is satisfied that, under the procedure agreed upon by the parties, the party making the request had an opportunity to have the challenge decided upon by other than the arbitral tribunal.

(c) Notwithstanding paragraph (b) of this subsection, whether the challenge is under any procedure agreed upon by the parties or under the procedure under subsections (2) and (3) of this section, if a challenge is based upon the grounds set forth in ORS 36.476 (Disclosure by proposed arbitrators and conciliators) (1), the circuit court shall hear the challenge and, if it determines that the facts support a finding that such ground or grounds fairly exist, then the challenge shall be sustained.

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

(6) While a request under subsection (4) of this section is pending, the arbitral tribunal, including the challenged arbitrator, may continue with the arbitral proceedings and make an arbitral award. [1991 c.405 §16; 1993 c.244 §4]

Source: Section 36.478 — Procedure for challenging arbitrator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.800 — OR Code / Title 3 / Chapter 30 / Section 30.800
30.800 Liability for emergency medical assistance
Status: in_force

(1) As used in this section and ORS 30.805 (Liability for emergency medical assistance by government personnel) , “emergency medical assistance” means:

(a) Medical or dental care not provided in a place where emergency medical or dental care is regularly available, including but not limited to a hospital, industrial first-aid station or the office of a physician, naturopathic physician, physician assistant or dentist, given voluntarily and without the expectation of compensation to an injured person who is in need of immediate medical or dental care and under emergency circumstances that suggest that the giving of assistance is the only alternative to death or serious physical aftereffects; or

(b) Medical care provided voluntarily in good faith and without expectation of compensation by a physician licensed under ORS chapter 677, a physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) , a nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) or a naturopathic physician licensed under ORS chapter 685 and in the person’s professional capacity as a provider of health care for an athletic team at a public or private school or college athletic event or as a volunteer provider of health care at other athletic events.

(2) No person may maintain an action for damages for injury, death or loss that results from acts or omissions of a person while rendering emergency medical assistance unless it is alleged and proved by the complaining party that the person was grossly negligent in rendering the emergency medical assistance.

(3) The giving of emergency medical assistance by a person does not, of itself, establish a professional relationship between the person giving the assistance and the person receiving the assistance insofar as the relationship carries with it any duty to provide or arrange for further medical care for the injured person after the giving of emergency medical assistance. [1967 c.266 §§1,2; 1973 c.635 §1; 1979 c.576 §1; 1979 c.731 §1; 1983 c.771 §1; 1983 c.779 §1; 1985 c.428 §1; 1989 c.782 §35; 1997 c.242 §1; 1997 c.751 §11; 2013 c.688 §8; 2014 c.45 §3; 2017 c.356 §2]

Source: Section 30.800 — Liability for emergency medical assistance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.464 — OR Code / Title 3 / Chapter 36 / Section 36.464
36.464 Venue
Status: in_force

(1) The functions referred to in ORS 36.468 (Application to stay judicial proceedings and compel arbitration) and 36.470 (Interim judicial relief) shall be performed by the circuit court in:

(a) The county where the arbitration agreement is to be performed or was made.

(b) If the arbitration agreement does not specify a county where the agreement is to be performed and the agreement was not made in any county in the State of Oregon, the county where any party to the court proceeding resides or has a place of business.

(c) In any case not covered by paragraph (a) or (b) of this subsection, in any county in the State of Oregon.

(2) All other functions assigned by ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) to the circuit court shall be performed by the circuit court of the county in which the place of arbitration is located. [1991 c.405 §9]

Source: Section 36.464 — Venue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.258 — OR Code / Title 3 / Chapter 36 / Section 36.258
36.258 Duties of mediator
Status: in_force

In carrying out mediation under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) , a mediator shall:

(1) Listen to the parties that are desiring to be heard.

(2) Attempt to facilitate a negotiated agreement that provides for mutual satisfaction.

(3) Seek assistance as necessary from any public or private agency to effect the goals of ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) .

(4) Permit any person who is a party to the mediation to be represented in all mediation proceedings by any person selected by the party. [1989 c.967 §6; 2001 c.104 §10; 2015 c.202 §5]

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

Source: Section 36.258 — Duties of mediator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.512 — OR Code / Title 3 / Chapter 36 / Section 36.512
36.512 Settlement
Status: in_force

(1) It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement. If agreed by the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure.

(2) If, during the arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.

(3) An arbitral award on agreed terms shall be made in accordance with ORS 36.514 (Arbitral award) and shall state that it is an arbitral award.

(4) An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute. [1991 c.405 §33; 1993 c.244 §10]

Source: Section 36.512 — Settlement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 31.152 — OR Code / Title 3 / Chapter 31 / Section 31.152
31.152 Time for filing special motion to strike
Status: in_force

(1) A special motion to strike under ORS 31.150 (Special motion to strike) must be filed within 60 days after the service of the complaint or, in the court’s discretion, at any later time. A hearing shall be held on the motion not more than 30 days after the filing of the motion unless the docket conditions of the court require a later hearing.

(2) Intentionally left blank —Ed.

(a) All discovery in the proceeding shall be stayed upon the filing of a special motion to strike under ORS 31.150 (Special motion to strike) . The stay of discovery shall remain in effect until entry of the judgment. The court, on motion and for good cause shown, may order that specified discovery be conducted notwithstanding the stay imposed by this subsection.

(b) During a stay under this subsection, the court may hear and rule on a motion for reasonable attorney fees and costs under subsection (3) of this section.

(c) A stay under this subsection does not affect a party’s ability voluntarily to dismiss a claim or part of a claim or move to sever a claim.

(d) During a stay under this subsection, the court for good cause may hear and rule on:

(A) A motion unrelated to the special motion to strike under ORS 31.150 (Special motion to strike) .

(B) A motion seeking a preliminary injunction to protect against an imminent threat to public health or safety.

(3) A defendant who prevails on a special motion to strike made under ORS 31.150 (Special motion to strike) shall be awarded reasonable attorney fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to a plaintiff who prevails on a special motion to strike.

(4) Intentionally left blank —Ed.

(a) A voluntary dismissal without prejudice of a responding party’s claim, or part of a claim, that is the subject of a special motion to strike under ORS 31.150 (Special motion to strike) does not affect a moving party’s right to obtain a ruling on the motion and seek attorney fees and costs under subsection (3) of this section.

(b) A voluntary dismissal with prejudice of a responding party’s claim, or part of a claim, that is the subject of a special motion to strike under ORS 31.150 (Special motion to strike) establishes for the purpose of subsection (3) of this section that the moving party prevailed on the motion.

(5) A moving party may appeal as a matter of right from an order denying, in whole or in part, a special motion to strike under ORS 31.150 (Special motion to strike) . The appeal must be filed in accordance with ORS 19.205 (Appealable judgments and orders) .

(6) The purpose of the procedure established by this section and ORS 31.150 (Special motion to strike) and 31.155 (Exempt actions) is to provide a defendant with the right to not proceed to trial in cases in which the plaintiff does not meet the burden specified in ORS 31.150 (Special motion to strike) (4). This section and ORS 31.150 (Special motion to strike) and 31.155 (Exempt actions) are to be liberally construed in favor of the exercise of the rights described in ORS 31.150 (Special motion to strike) (2). [Formerly 30.144; 2009 c.449 §3; 2023 c.71 §2]

Source: Section 31.152 — Time for filing special motion to strike; discovery; attorney fees; voluntary dismissals; appeals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 33.015 — OR Code / Title 3 / Chapter 33 / Section 33.015
33.015 Definitions for ORS 33.015 to 33.155
Status: in_force

For the purposes of ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability) :

(1) “Confinement” means custody or incarceration, whether actual or constructive.

(2) “Contempt of court” means the following acts, done willfully:

(a) Misconduct in the presence of the court that interferes with a court proceeding or with the administration of justice, or that impairs the respect due the court.

(b) Disobedience of, resistance to or obstruction of the court’s authority, process, orders or judgments.

(c) Refusal as a witness to appear, be sworn or answer a question contrary to an order of the court.

(d) Refusal to produce a record, document or other object contrary to an order of the court.

(e) Violation of a statutory provision that specifically subjects the person to the contempt power of the court.

(3) “Punitive sanction” means a sanction imposed to punish a past contempt of court.

(4) “Remedial sanction” means a sanction imposed to terminate a continuing contempt of court or to compensate for injury, damage or costs resulting from a past or continuing contempt of court. [1991 c.724 §1; 2005 c.22 §23]

Source: Section 33.015 — Definitions for ORS 33.015 to 33.155 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 30.268 — OR Code / Title 3 / Chapter 30 / Section 30.268
30.268 Liability for certain medical treatment at facilities other than Oregon Health and Science University
Status: in_force

(1) For the purposes of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , all services constituting patient care, including, but not limited to, inpatient care, outpatient care and all forms of consultation that are provided at a location other than the Oregon Health and Science University campus or one of the Oregon Health and Science University clinics are within the scope of state employment or duties when:

(a) Provided by members of the Oregon Health and Science University faculty or staff, Oregon Health and Science University students under prior written express authorization from the president of the Oregon Health and Science University or a representative of the president to provide those services at that location;

(b) The services provided are within the scope of the express authorization; and

(c) The Oregon Health and Science University:

(A) Derives revenue in a similar amount or percentage as it would for care rendered on the Oregon Health and Science University campus or at an Oregon Health and Science University clinic; or

(B) Is performing a salaried, nonfee-generating or volunteer public community or nonfee-generating educational service by providing the services.

(2) For the purposes of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , services constituting patient care that are provided at a location other than the Oregon Health and Science University campus or one of the Oregon Health and Science University clinics are not within the scope of state employment or duties when:

(a) Such services constitute an exclusively private relationship between the patient and a person described in subsection (1)(a) of this section; and

(b) The requirements of subsection (1)(b) and (c) of this section are not met. [1977 c.851 §3; 1995 c.84 §1]

Source: Section 30.268 — Liability for certain medical treatment at facilities other than Oregon Health and Science University , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.075 — OR Code / Title 3 / Chapter 30 / Section 30.075
30.075 Procedure upon death of injured person
Status: in_force

(1) Causes of action arising out of injuries to a person, caused by the wrongful act or omission of another, shall not abate upon the death of the injured person, and the personal representatives of the decedent may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act or omission. The action shall be commenced within the limitations established in ORS 12.110 (Actions for certain injuries to person not arising on contract) by the injured person and continued by the personal representatives under this section, or within three years by the personal representatives if not commenced prior to death.

(2) In any such action the court may award to the prevailing party, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees.

(3) Subsection (2) of this section does not apply to an action for damages arising out of injuries that result in death. If an action for wrongful death under ORS 30.020 (Action for wrongful death) is brought, recovery of damages for disability, pain, suffering and loss of income during the period between injury to the decedent and the resulting death of the decedent may only be recovered in the wrongful death action, and the provisions of subsection (2) of this section are not applicable to the recovery. [1965 c.620 §4; 1971 c.473 §2; 1981 c.810 §1; 1981 c.897 §6; 1995 c.618 §21]

Source: Section 30.075 — Procedure upon death of injured person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.907 — OR Code / Title 3 / Chapter 30 / Section 30.907
30.907 Action for damages from asbestos-related disease
Status: in_force

(1) A product liability civil action for damages resulting from asbestos-related disease must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the disease and the cause thereof.

(2) A product liability civil action for damages resulting from asbestos-related disease is not subject to ORS 30.905 (Time limitation for commencement of action) or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.

(3) A product liability civil action may not be brought against a contractor, as defined in ORS 701.005 (Definitions) , for damages resulting from asbestos-related disease if the contractor:

(a) Used or installed products containing asbestos pursuant to plans, specifications or directions prepared for a project by or on behalf of the owner of the project;

(b) Is not the manufacturer or distributor of the products containing asbestos; and

(c) Did not furnish the products containing asbestos independent of the provision of labor.

(4) Subsection (3) of this section does not affect a plaintiff’s ability to bring a product liability civil action against a contractor if:

(a) The contractor substituted a product containing asbestos on a project when the plans, specifications or directions for the project prepared by or on behalf of the owner did not specify the use or installation of a product containing asbestos; and

(b) The owner or the owner’s representative did not expressly direct or consent to the substitution of the product containing asbestos. [1987 c.4 §3; 2005 c.740 §1; 2009 c.485 §7]

Source: Section 30.907 — Action for damages from asbestos-related disease; limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.620 — OR Code / Title 3 / Chapter 35 / Section 35.620
35.620 Acquisition of land adjoining road boundaries declared necessary
Status: in_force

The purchase, acquisition, entering upon and appropriation of lands and property immediately adjoining the boundaries of roads, streets or highways, as defined and limited in, and to the extent authorized by, ORS 35.600 (Application) to 35.625 (Procedure to ascertain compensation and damages) is declared to be necessary for the development and welfare of the state and its inhabitants and to be a public use. [Formerly 281.540]

Source: Section 35.620 — Acquisition of land adjoining road boundaries declared necessary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 33.860 — OR Code / Title 3 / Chapter 33 / Section 33.860
33.860 Disclosure statement
Status: in_force

Not less than 14 days before a payee signs a transfer agreement, a transferee shall provide the payee with a disclosure statement in not less than 14-point type that sets forth:

(1) The amounts and due dates of the structured settlement payments to be transferred.

(2) The aggregate amount of the payments to be transferred.

(3) The discounted present value of the payments and the rate used in calculating the discounted present value. The discounted present value shall be calculated by using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the Internal Revenue Service.

(4) The amount payable to a payee as the result of a transfer. The amount set forth in this subsection shall be calculated before any reductions are made for transfer expenses required to be listed under subsection (5) of this section or any related disbursements.

(5) An itemized listing of all applicable transfer expenses and the transferee’s best estimate of the amount of any attorney fees and disbursements. For the purposes of this subsection, “transfer expenses”:

(a) Includes all fees, costs and expenses of a transfer that are required under the transfer agreement to be paid by the payee to the transferee or deducted from the amount payable to a payee as the result of a transfer.

(b) Does not include preexisting obligations of the payee payable for the payee’s account from the proceeds of a transfer.

(6) The amount calculated by subtracting the aggregate amount of the actual and estimated transfer expenses required to be listed under subsection (5) of this section from the amount identified in subsection (4) of this section.

(7) The amount of any penalties or liquidated damages payable by the payee in the event of a breach of the transfer agreement by the payee.

(8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, before the approval of the transfer by the court or responsible administrative authority.

(9) A statement that the payee is entitled to, and should, seek independent professional advice regarding the proposed transfer.

(10) A statement that transferring payment rights may or may not be financially appropriate for the payee and the payee should not proceed without first weighing and considering other offers and alternate means of obtaining funds through borrowing or the sale of other assets.

(11) A statement that the transferee’s attorney does not represent the payee in connection with the proposed transfer.

(12) A statement that the court or responsible administrative authority may require the payee to seek independent professional advice and that the expenses for the independent professional advice may be paid out of the amount paid by the transferee to the payee. [2005 c.173 §3; 2013 c.736 §6]

Source: Section 33.860 — Disclosure statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 34.500 — OR Code / Title 3 / Chapter 34 / Section 34.500
34.500 When return must be made
Status: in_force

If the writ is returnable at a certain time, the return shall be made at the time and place specified therein; if it is returnable forthwith, and the place of return is within 20 miles of the place of service, the return must be made within 24 hours, and the same time is allowed for every additional 20 miles.

Source: Section 34.500 — When return must be made , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 35.570 — OR Code / Title 3 / Chapter 35 / Section 35.570
35.570 Payment of expenses of proceeding, value and damages
Status: in_force

The expenses of the condemnation proceeding, the value of the property, and the damages for the taking thereof, shall be paid out of the funds provided for the department or institution for which the property is acquired in the same manner as other expenses for like purposes of such department or institution are paid. If no funds have been provided out of which the same can be paid, payment shall be made out of any funds in the treasury not otherwise appropriated, and the Oregon Department of Administrative Services is authorized to draw a warrant on the treasurer therefor. [Formerly 281.250]

Source: Section 35.570 — Payment of expenses of proceeding, value and damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.833 — OR Code / Title 3 / Chapter 30 / Section 30.833
30.833 Action for dissemination of intimate image
Status: in_force

(1) Irrespective of any criminal prosecution or the result thereof, a person depicted in an image disclosed in violation of ORS 163.472 (Unlawful dissemination of an intimate image) , or that person’s parent or guardian, representative or estate, shall have a civil action to secure an injunction, damages or other appropriate relief against any and all persons whose actions are unlawful under ORS 163.472 (Unlawful dissemination of an intimate image) .

(2) Upon prevailing in such action, the plaintiff may recover:

(a) The greater of:

(A) Special and general damages, including damages for emotional distress; or

(B) Statutory damages of $5,000 per plaintiff against each defendant found liable under this section;

(b) An amount equal to any economic gain received by the defendant for the disclosure; and

(c) Punitive damages.

(3) The court may award reasonable attorney fees to the prevailing plaintiff in an action under this section.

(4) An emancipated minor, or the parent, parents or legal guardian of an unemancipated minor, shall be liable for any judgment recovered against such minor under this section, in an amount not to exceed $5,000.

(5) A civil action under this section does not affect a right or remedy available under any other law of this state.

(6) An award of statutory damages described in subsection (2) of this section is not evidence of the existence or the amount of economic damages for purposes of restitution under ORS 137.106 (Restitution to victims) . [2019 c.304 §2]

Source: Section 30.833 — Action for dissemination of intimate image; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.680 — OR Code / Title 3 / Chapter 34 / Section 34.680
34.680 Motion to deny petition
Status: in_force

(1) The defendant may, before the writ issues, move to deny the petition on the grounds that the petition fails to state a claim for habeas corpus relief. The defendant may, at any time after the writ issues, move to dismiss the writ on the grounds that the pleadings, including the petition, the return, the replication, if any, and any supporting evidence, demonstrate that plaintiff has failed to state or establish a claim for habeas corpus relief.

(2) The plaintiff may move to strike the return or any allegation or defense in the return. The defendant may move to strike the replication or any new matter in the replication, or by proof controvert the same, as upon a direct denial or avoidance.

(3) The return and replication shall be made within such time as the court or judge shall direct, and the petition, return and replication shall be construed and have the same effect as in an action. [Amended by 1979 c.284 §74; 1991 c.884 §8]

Source: Section 34.680 — Motion to deny petition; motion to strike; controverting replication; time to plead; construction and effect of pleadings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 35.350 — OR Code / Title 3 / Chapter 35 / Section 35.350
35.350 Immediate possession of property by public body
Status: in_force

This chapter does not affect the ability of a public body, as defined in ORS 174.109 (“Public body” defined) , to take immediate possession of property in an emergency that poses a threat to persons or property. [2005 c.565 §2]

Source: Section 35.350 — Immediate possession of property by public body , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 28.120 — OR Code / Title 3 / Chapter 28 / Section 28.120
28.120 Construction and administration
Status: in_force

This chapter is declared to be remedial. The purpose of this chapter is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered. [Amended by 2005 c.22 §18]

Source: Section 28.120 — Construction and administration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 36.476 — OR Code / Title 3 / Chapter 36 / Section 36.476
36.476 Disclosure by proposed arbitrators and conciliators
Status: in_force

(1) Except as otherwise provided in ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) , all persons whose names have been submitted for consideration for appointment or designation as arbitrators or conciliators, or who have been appointed or designated as such, shall, within 15 days, make a disclosure to the parties of any information which might cause their impartiality to be questioned including, but not limited to, any of the following instances:

(a) The person has a personal bias or prejudice concerning a party or personal knowledge of the disputed evidentiary facts concerning the proceeding.

(b) The person served as a lawyer in the matter in controversy, or the person is or has been associated with another who has participated in the matter during such association, or the person has been a material witness concerning it.

(c) The person served as an arbitrator or conciliator in another proceeding involving one or more of the parties to the proceeding.

(d) The person, individually or as a fiduciary, or the person’s spouse or minor child, or anyone residing in the person’s household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.

(e) The person, the person’s spouse or minor child, anyone residing in the person’s household, any individual within the third degree of relationship to any of them, or the spouse of any of them, meets any of the following conditions:

(A) The person is or has been a party to the proceeding, or an officer, director or trustee of a party.

(B) The person is acting or has acted as a lawyer in the proceeding.

(C) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.

(D) The person is likely to be a material witness in the proceeding.

(f) The person has a close personal or professional relationship with a person who meets any of the following conditions:

(A) The person is or has been a party to the proceeding, or an officer, director or trustee of a party.

(B) The person is acting or has acted as a lawyer or representative in the proceeding.

(C) The person is or expects to be nominated as an arbitrator or conciliator in the proceedings.

(D) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.

(E) The person is likely to be a material witness in the proceeding.

(2) The obligation to disclose information set forth in subsection (1) of this section is mandatory and cannot be waived by the parties with respect to persons serving either as the sole arbitrator or sole conciliator or as one of two arbitrators or conciliators or as the chief or prevailing arbitrator or conciliator. The parties may otherwise agree to waive such disclosure.

(3) From the time of appointment and throughout the arbitral proceedings, an arbitrator shall, without delay, disclose to the parties any circumstances referred to in subsection (1) of this section which were not previously disclosed.

(4) Unless otherwise agreed by the parties or allowed by the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to the independence or impartiality of the arbitrator, or as to possession of the qualifications upon which the parties have agreed.

(5) A party may challenge an arbitrator appointed by it, or in whose appointment it has participated, only for reasons of which it becomes aware after the appointment has been made. [1991 c.405 §15]

Source: Section 36.476 — Disclosure by proposed arbitrators and conciliators; waiver of disclosure; grounds for challenge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.528 — OR Code / Title 3 / Chapter 36 / Section 36.528
36.528 Policy to encourage conciliation
Status: in_force

It is the policy of the State of Oregon to encourage parties to an international commercial agreement or transaction which qualifies for arbitration or conciliation pursuant to ORS 36.454 (Application of ORS 36.450 to 36.558) (3) to resolve disputes arising from such agreements or transactions through conciliation. The parties may select or permit an arbitral tribunal or other third party to select one or more persons to service as the conciliator or conciliators who shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute. [1991 c.405 §41]

Source: Section 36.528 — Policy to encourage conciliation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.518 — OR Code / Title 3 / Chapter 36 / Section 36.518
36.518 Correction of errors in award
Status: in_force

(1) Within 30 days of receipt of the arbitral award, unless another period of time has been agreed upon by the parties:

(a) A party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, clerical or typographical errors, or errors of similar nature; and

(b) A party may, if agreed by the parties, request the arbitral tribunal to give an interpretation of a specific point or part of the arbitral award.

(2) If the arbitral tribunal considers any request made under subsection (1) of this section to be justified, it shall make the correction or give the interpretation within 30 days of the receipt of the request. The interpretation shall form part of the arbitral award.

(3) The arbitral tribunal may correct any error of the type referred to in subsection (1)(a) of this section on its own initiative within 30 days of the date of the award.

(4) Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within 30 days of receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the arbitral tribunal considers the request to be justified, it shall make the additional award within 60 days.

(5) If necessary, the arbitral tribunal may extend the period of time within which it shall make a correction, interpretation or an additional award under subsection (1) or (4) of this section.

(6) The provisions of ORS 36.514 (Arbitral award) shall apply to a correction or interpretation of the award or to an additional award. [1991 c.405 §36; 1993 c.244 §12]

Source: Section 36.518 — Correction of errors in award; interpretation of award; additional award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 37.200 — OR Code / Title 3 / Chapter 37 / Section 37.200
37.200 Receiver’s periodic reports
Status: in_force

(1) A receiver shall file with the court a monthly report of the receiver’s operations and financial affairs, unless the court orders a different reporting period. The receiver shall file each report no later than 30 days after the end of a reporting period. The initial report under this section must be filed no later than 60 days after the receiver is appointed, unless the court orders a different deadline.

(2) Each periodic report must include:

(a) A concise narrative summary of the receiver’s activities during the period and a description of any major upcoming events;

(b) Beginning and ending cash balances;

(c) A statement of cash receipts and disbursements;

(d) A statement of noncash receipts and payments;

(e) A statement of receipts and dispositions of estate property outside the ordinary course of business, including a description of the property, the value of the property and the amounts received from any disposition of the property;

(f) A statement of accounts receivable;

(g) A statement of fees and expenses of the receiver;

(h) A tax disclosure statement listing taxes due or tax deposits required, the name of the taxing agency, the date due and an explanation for any failure to make payments or deposits; and

(i) Any other information required by the court. [2017 c.358 §20]

Source: Section 37.200 — Receiver’s periodic reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 34.620 — OR Code / Title 3 / Chapter 34 / Section 34.620
34.620 Inquiry into legality of certain judgments and process not permitted
Status: in_force

No court or judge, on the return of a writ of habeas corpus, has power to inquire into the legality or justice of any order, judgment or process specified in ORS 34.330 (Who may not prosecute writ) , nor into the justice, propriety or legality of any commitment for a contempt made by a court, officer or body, according to law, and charged in such commitment, as provided by law.

Source: Section 34.620 — Inquiry into legality of certain judgments and process not permitted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 33.862 — OR Code / Title 3 / Chapter 33 / Section 33.862
33.862 Information that may be requested at hearing
Status: in_force

At the hearing on a petition to transfer payment rights filed under ORS 33.855 (Transfer of payment rights) , the court or responsible administrative authority may ask the payee to provide testimony on or other evidence related to the following matters and any other relevant evidence that the court or authority deems appropriate to make the findings required by ORS 33.865 (Required findings by court or responsible administrative authority) :

(1) The payee’s marital status and, if married or separated, the name of the payee’s spouse.

(2) The names, ages and place or places of residence of any minor children or other dependents of the payee.

(3) The amounts and sources of the payee’s monthly income and, if the payee is married, the amounts and sources of the payee’s spouse’s monthly income.

(4) If the payee has minor children, whether the payee is currently obligated to pay child support under any child support order, whether the payee is current or in arrears under any child support order and the names, addresses and telephone numbers of any persons or agencies receiving child support from the payee under the order.

(5) 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. [2013 c.736 §5]

Source: Section 33.862 — Information that may be requested at hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 30.407 — OR Code / Title 3 / Chapter 30 / Section 30.407
30.407 Request for hearing following issuance of order under ORS 30.405
Status: in_force

(1) A person against whom an order is issued under ORS 30.405 (Injunction for criminal conduct related to employment or status of public servant) may file a request for hearing with the court that issued the order within 30 days after the order is served on the person. A request under this section shall be in writing, shall be signed by the person and shall include the printed name, telephone number and mailing address of the person.

(2) Upon the filing of a request under this section, the clerk of the court shall mail a copy of the request to the petitioner in the matter and shall notify the petitioner and the person filing the request of the date and time set for the hearing. [2005 c.158 §2]

Note: See note under 30.405 (Injunction for criminal conduct related to employment or status of public servant) .

Source: Section 30.407 — Request for hearing following issuance of order under ORS 30.405 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.270 — OR Code / Title 3 / Chapter 37 / Section 37.270
37.270 Recovery of costs related to secured property
Status: in_force

A receiver may recover from property securing a secured claim the necessary costs and expenses of preserving, or disposing of, the property to the extent of any benefit to the holder of such claim, including the payment of all ad valorem property taxes with respect to the property. [2017 c.358 §27]

Source: Section 37.270 — Recovery of costs related to secured property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 34.630 — OR Code / Title 3 / Chapter 34 / Section 34.630
34.630 Proceedings where commitment for criminal offense is legal, or party probably is guilty
Status: in_force

If it appears that the party has legally been committed for a criminal offense, or if the party appears by the testimony offered with the return, or upon the hearing thereof, probably to be guilty of such offense, although the commitment is irregular, the party shall forthwith be remanded to the custody or placed under the restraint from which the party was taken, if the officer or person under whose custody or restraint the party was, is legally entitled thereto; if not so entitled, the party shall be committed to the custody of the officer or person so entitled.

Source: Section 34.630 — Proceedings where commitment for criminal offense is legal, or party probably is guilty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 34.200 — OR Code / Title 3 / Chapter 34 / Section 34.200
34.200 Allowance and trial in Supreme Court
Status: in_force

In the Supreme Court the writ may be allowed by the court or any judge thereof, but shall only be tried and determined by the court. All issues therein shall be tried by the court. [Amended by 1965 c.6 §11; 2005 c.22 §27; 2015 c.212 §14]

Source: Section 34.200 — Allowance and trial in Supreme Court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.931 — OR Code / Title 3 / Chapter 30 / Section 30.931
30.931 Transport or movement of equipment, device, vehicle or livestock as farming or forest practice
Status: in_force

Notwithstanding ORS 30.930 (Definitions for ORS 30.930 to 30.947) , if the activities are conducted in a reasonable and prudent manner, the transport or movement of any equipment, device or vehicle used in conjunction with a farming practice or a forest practice on a public road or movement of livestock on a public road is a farming or forest practice under ORS 30.930 (Definitions for ORS 30.930 to 30.947) to 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses) . [1995 c.703 §9]

Source: Section 30.931 — Transport or movement of equipment, device, vehicle or livestock as farming or forest practice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.010 — OR Code / Title 3 / Chapter 37 / Section 37.010
37.010 Short title
Status: in_force

ORS 37.020 (Receivership described) to 37.410 (Termination of receivership) may be cited as the Oregon Receivership Code. [2017 c.358 §1]

Source: Section 37.010 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 36.506 — OR Code / Title 3 / Chapter 36 / Section 36.506
36.506 Circuit court assistance in taking evidence
Status: in_force

(1) The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the circuit court assistance in taking evidence and the court may execute the request within its competence and according to its rules on taking evidence. In addition, a subpoena may be issued as provided in ORCP 55, in which case the witness compensation provisions of ORS chapter 44 shall apply.

(2) When the parties to two or more arbitration agreements have agreed in their respective arbitration agreements or otherwise, the circuit court may, on application by one party with the consent of all other parties to those arbitration agreements, do one or more of the following:

(a) Order the arbitration proceedings arising out of those arbitration agreements to be consolidated on terms the court considers just and necessary.

(b) Where all the parties cannot agree on an arbitral tribunal for the consolidated arbitration, appoint an arbitral tribunal in accordance with ORS 36.474 (Procedure for appointment of arbitrators) (6).

(c) Where the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order it considers necessary.

(d) Order the arbitration proceedings arising out of those arbitration agreements to be held at the same time or one immediately after another.

(e) Order any of the arbitration proceedings arising out of those arbitration agreements to be stayed until the determination of any other of them.

(3) Nothing in this section shall be construed to prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any steps that are necessary to effect that consolidation. [1991 c.405 §30; 1993 c.244 §8]

Source: Section 36.506 — Circuit court assistance in taking evidence; circuit court authorized to enter certain orders upon application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.550 — OR Code / Title 3 / Chapter 30 / Section 30.550
30.550 Action for damages
Status: in_force

If judgment is given upon the right of and in favor of the person alleged in the complaint to be entitled to the office or franchise, the person may afterwards maintain an action to recover the damages which the person has sustained by reason of the premises. [Amended by 1973 c.836 §320; 1981 c.898 §35]

Source: Section 30.550 — Action for damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.135 — OR Code / Title 3 / Chapter 36 / Section 36.135
36.135 Review of dispute resolution programs
Status: in_force

The Dean of the University of Oregon School of Law shall periodically review dispute resolution programs in this state. If the dean determines that there are reasonable grounds to believe that a program is not in substantial compliance with the standards and guidelines adopted under ORS 36.175 (Rules for administration of dispute resolution programs) , the dean may suspend or terminate the funding of the program under ORS 36.155 (Grants for dispute resolution services in counties) and recover any unexpended funds or improperly expended funds from the program. [1989 c.718 §8; 1995 c.781 §31; 2003 c.791 §12; 2005 c.817 §4]

Source: Section 36.135 — Review of dispute resolution programs; suspension or termination of funding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 28.080 — OR Code / Title 3 / Chapter 28 / Section 28.080
28.080 Supplemental relief
Status: in_force

Further relief based on a declaratory judgment may be granted whenever necessary or proper. The application thereof shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause why further relief should not be granted forthwith. [Amended by 2003 c.576 §306]

Source: Section 28.080 — Supplemental relief , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.693 — OR Code / Title 3 / Chapter 30 / Section 30.693
30.693 Additional exceptions to limitations on liability
Status: in_force

(1) Except as provided in subsection (2) of this section, nothing in ORS 30.691 (Limitations on liability) shall limit the liability of an equine activity sponsor or an equine professional if the equine activity sponsor or the equine professional:

(a) Provided the equipment or tack, failed to make reasonable and prudent inspection of the equipment or tack, and that failure was a cause of the injury to the participant;

(b) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to safely ride, train, drive, groom or ride as a passenger upon an equine, to determine the ability of the equine to behave safely with the participant and to determine the ability of the participant to safely manage the particular equine; or

(c) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to or should have been known to the equine activity sponsor or the equine professional and for which warning signs have not been conspicuously posted.

(2) The limitations on liability provided in ORS 30.691 (Limitations on liability) shall apply to an adult participant in the circumstances listed in subsection (1)(b) of this section if the participant, prior to riding, training, driving, grooming or riding as a passenger upon an equine, knowingly executes a release stating that as a condition of participation, the participant waives the right to bring an action against the equine professional or equine activity sponsor for any injury or death arising out of riding, training, driving, grooming or riding as a passenger upon the equine. A release so executed shall be binding upon the adult participant, and no equine professional or equine activity sponsor shall be liable in the circumstances described in subsection (1)(b) of this section except as provided in ORS 30.691 (Limitations on liability) (2). [1991 c.864 §4]

Source: Section 30.693 — Additional exceptions to limitations on liability; effect of written release , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.525 — OR Code / Title 3 / Chapter 35 / Section 35.525
35.525 Construction
Status: in_force

Nothing in ORS 35.510 (Duties of public entities acquiring real property) , 35.515 (Required disclosures for business and farm operations) or 35.520 (Decision on benefits) shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to May 7, 1971. [Formerly 281.090]

Source: Section 35.525 — Construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 37.280 — OR Code / Title 3 / Chapter 37 / Section 37.280
37.280 Abandonment of property
Status: in_force

(1) A receiver, after giving notice, may abandon estate property that is burdensome to the receiver or is of inconsequential value or benefit. Property that is abandoned no longer constitutes estate property.

(2) A receiver may not abandon property in contravention of a state statute or rule that is reasonably designed to protect the public health or safety from identified hazards, including ORS chapters 465 and 466. [2017 c.358 §28]

Source: Section 37.280 — Abandonment of property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 34.110 — OR Code / Title 3 / Chapter 34 / Section 34.110
34.110 When and to whom writ issued
Status: in_force

A writ of mandamus may be issued to any inferior court, corporation, board, officer or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust or station; but though the writ may require such court, corporation, board, officer or person to exercise judgment, or proceed to the discharge of any functions, it shall not control judicial discretion. The writ shall not be issued in any case where there is a plain, speedy and adequate remedy in the ordinary course of the law.

Source: Section 34.110 — When and to whom writ issued , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 34.310 — OR Code / Title 3 / Chapter 34 / Section 34.310
34.310 Purpose of writ
Status: in_force

The writ of habeas corpus ad subjiciendum is the writ designated in ORS 34.310 (Purpose of writ) to 34.730 (Forfeiture for refusing copy of order or process) , and every other writ of habeas corpus is abolished. Every person imprisoned or otherwise restrained of liberty, within this state, except in the cases specified in ORS 34.330 (Who may not prosecute writ) , may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint, and if illegal, to be delivered therefrom.

Source: Section 34.310 — Purpose of writ; who may prosecute , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 34.670 — OR Code / Title 3 / Chapter 34 / Section 34.670
34.670 Replication following return
Status: in_force

The plaintiff in the proceeding, on the return of the writ, may, by replication, signed as in an action, controvert any of the material facts set forth in the return, or the plaintiff may allege therein any fact to show, either that imprisonment or restraint of the plaintiff is unlawful, or that the plaintiff is entitled to discharge. Thereupon the court or judge shall proceed in a summary way to hear such evidence as may be produced in support of or against the imprisonment or restraint, and to dispose of the party as the law and justice of the case may require. [Amended by 1979 c.284 §73; 2005 c.22 §28]

Source: Section 34.670 — Replication following return; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.410 — OR Code / Title 3 / Chapter 36 / Section 36.410
36.410 Stipulation for arbitration
Status: in_force

(1) In a civil action in a circuit court where all parties have appeared and agreed to arbitration by stipulation, the court shall refer the action to arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) if:

(a) The relief claimed is more than or other than recovery of money or damages.

(b) The only relief claimed is recovery of money or damages and a party asserts a claim for money or general and special damages in an amount exceeding $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment.

(2) If a civil action is referred to arbitration under this section, the arbitrator may grant any relief that could have been granted if the action were determined by a judge of the court. [Formerly 33.370; 1995 c.618 §12; 1995 c.658 §32; 2005 c.274 §3]

Source: Section 36.410 — Stipulation for arbitration; conditions; relief , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.600 — OR Code / Title 3 / Chapter 30 / Section 30.600
30.600 Action to annul letters patent
Status: in_force

An action may be maintained in the name of the state for the purpose of vacating or annulling letters patent, issued by the state, against the person to whom the letters were issued, or those claiming under the person, as to the subject matter thereof, in the following cases:

(1) When the letters patent were issued by means of some fraudulent suggestion or concealment of a material fact by the person to whom the letters were issued, or with the knowledge and consent of the person;

(2) When the letters patent were issued through mistake or in ignorance of a material fact; or

(3) When the patentee, or those claiming under the patentee, have done or omitted an act, in violation of the terms and conditions on which the letters patent were issued, or have by any other means forfeited the interest acquired under the letters. [Amended by 2001 c.104 §8]

Source: Section 30.600 — Action to annul letters patent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.943 — OR Code / Title 3 / Chapter 30 / Section 30.943
30.943 Certain agencies not required to investigate complaints based on farming or forest practice
Status: in_force

The Department of Environmental Quality, Department of State Lands, State Department of Agriculture or State Forestry Department is not required to investigate complaints if the agency has reason to believe that the complaint is based on practices protected by ORS 30.930 (Definitions for ORS 30.930 to 30.947) or 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses) . [1995 c.703 §8]

Source: Section 30.943 — Certain agencies not required to investigate complaints based on farming or forest practice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.390 — OR Code / Title 3 / Chapter 34 / Section 34.390
34.390 Order for arrest of person having custody
Status: in_force

When the proof mentioned in ORS 34.380 (Warrant in lieu of writ) is also sufficient to justify an arrest of the person having the party in custody, as for a criminal offense committed in the taking or detaining of such party, the warrant may also contain an order for the arrest of such person for such offense.

Source: Section 34.390 — Order for arrest of person having custody , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.395 — OR Code / Title 3 / Chapter 30 / Section 30.395
30.395 Settlement of certain claims against municipal corporations
Status: in_force

(1) The governing body of any municipal corporation, as defined in ORS 297.405 (Definitions for ORS 297.020, 297.230, 297.405 to 297.740 and 297.990) , may compromise, adjust and settle claims other than tort claims against the municipal corporation, its officers, employees or agents acting within the scope of their employment, and may, subject to procedural requirements imposed by law or charter, appropriate money for the payment of amounts agreed upon.

(2) When a judgment is entered or a settlement is made pursuant to subsection (1) of this section, payment therefor may be made in the same manner as payment for tort claims under ORS 30.295 (Payment of judgment or settlement) . [1979 c.630 §2; 1987 c.396 §1]

Source: Section 30.395 — Settlement of certain claims against municipal corporations; manner of payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.410 — OR Code / Title 3 / Chapter 30 / Section 30.410
30.410 In whose name action brought
Status: in_force

Fines and forfeitures may be recovered by an action at law in the name of the officer or person to whom they are by law given, or in the name of the officer or person who by law is authorized to prosecute for them.

Source: Section 30.410 — In whose name action brought , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 28.210 — OR Code / Title 3 / Chapter 28 / Section 28.210
28.210 Certification order
Status: in_force

A certification order shall set forth:

(1) The questions of law to be answered; and

(2) A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose. [1983 c.103 §3]

Note: See note under 28.200 (Supreme Court authorized to answer questions of law certified by other courts) .

Source: Section 28.210 — Certification order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.932 — OR Code / Title 3 / Chapter 30 / Section 30.932
30.932 Definition of “nuisance” or “trespass.”
Status: in_force

As used in ORS 30.930 (Definitions for ORS 30.930 to 30.947) to 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses) , “nuisance” or “trespass” includes but is not limited to actions or claims based on noise, vibration, odors, smoke, dust, mist from irrigation, use of pesticides and use of crop production substances. [1993 c.792 §33; 1995 c.703 §2]

Source: Section 30.932 — Definition of “nuisance” or “trespass.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.870 — OR Code / Title 3 / Chapter 30 / Section 30.870
30.870 Definitions for ORS 30.870 and 30.875
Status: in_force

As used in this section and ORS 30.875 (Civil damages for shoplifting or taking of agricultural produce) :

(1) “Agricultural produce” means any plant including, but not limited to, trees, or animals, kept, grown or raised upon real property, and the products of those plants and animals.

(2) “Mercantile establishment” means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale.

(3) “Merchandise” means all things movable and capable of manual delivery.

(4) “Owner” means any person who owns or operates a mercantile establishment or farm, or the agents or employees of that person. [1979 c.592 §1; 1981 c.716 §5]

Source: Section 30.870 — Definitions for ORS 30.870 and 30.875 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.942 — OR Code / Title 3 / Chapter 30 / Section 30.942
30.942 Rules
Status: in_force

(1) The State Department of Agriculture may adopt rules to implement the provisions of ORS 30.930 (Definitions for ORS 30.930 to 30.947) to 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses) .

(2) The State Forestry Department may adopt rules to implement the provisions of ORS 30.930 (Definitions for ORS 30.930 to 30.947) to 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses) . [1993 c.792 §41]

Source: Section 30.942 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.550 — OR Code / Title 3 / Chapter 34 / Section 34.550
34.550 Warrant in case of refusal or neglect to obey writ
Status: in_force

If the person upon whom the writ was duly served refuses or neglects to obey the same by producing the party named in the writ and making a full and explicit return thereto within the time required, and no sufficient excuse is shown therefor, the court or judge before whom the writ was made returnable shall, upon due proof of the service thereof, forthwith issue a warrant against such person, directed to any sheriff in this state, commanding the sheriff forthwith to apprehend such person and bring the person immediately before such court or judge; and on the person being so brought, the person shall be committed to close custody in the jail of the county in which such judge shall be until the person makes return to the writ and complies with any order made in relation to the party for whose relief the writ was issued.

Source: Section 34.550 — Warrant in case of refusal or neglect to obey writ , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.185 — OR Code / Title 3 / Chapter 36 / Section 36.185
36.185 Referral of civil dispute to mediation
Status: in_force

After the appearance by all parties in any civil action, except proceedings under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) , 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) or 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) , a judge of any circuit court may refer a civil dispute to mediation under the terms and conditions set forth in ORS 36.185 (Referral of civil dispute to mediation) to 36.210 (Liability of mediators and programs) . When a party to a case files a written objection to mediation with the court, the action shall be removed from mediation and proceed in a normal fashion. All civil disputants shall be provided with written information describing the mediation process, as provided or approved by the State Court Administrator, along with information on established court mediation opportunities. Filing parties shall be provided with this information at the time of filing a civil action. Responding parties shall be provided with this information by the filing party along with the initial service of filing documents upon the responding party. [1989 c.718 §19; 1993 c.327 §1; 1995 c.666 §13; 2003 c.791 §20; 2013 c.687 §12]

Source: Section 36.185 — Referral of civil dispute to mediation; objection; information to parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.312 — OR Code / Title 3 / Chapter 30 / Section 30.312
30.312 Actions by governmental units under federal antitrust laws
Status: in_force

The State of Oregon, any city, county, school district, municipal or public corporation, political subdivision of the State of Oregon or any instrumentality thereof, or any agency created by two or more political subdivisions to provide themselves governmental services may bring an action in behalf of itself and others similarly situated for damages under section 4 of the Act of October 15, 1914, ch. 323, as amended prior to January 1, 1965 (38 Stat. 731, 15 U.S.C. 15). [1965 c.465 §1; 2005 c.22 §21]

Source: Section 30.312 — Actions by governmental units under federal antitrust laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.295 — OR Code / Title 3 / Chapter 35 / Section 35.295
35.295 Defendant’s answer
Status: in_force

The defendant in answer may set forth any legal defense the defendant may have to the condemnation. The defendant shall also allege the true value of the property and the damage, if any, resulting from the appropriation thereof. [1971 c.741 §13]

Source: Section 35.295 — Defendant’s answer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 31.565 — OR Code / Title 3 / Chapter 31 / Section 31.565
31.565 Advance payment for property damage not admission of liability
Status: in_force

Any advance payment made for damages arising from injury or destruction of property is not an admission of liability for the injury or destruction by the person making the payment unless the parties to the payment agree to the contrary in writing. [Formerly 18.530]

Source: Section 31.565 — Advance payment for property damage not admission of liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 34.040 — OR Code / Title 3 / Chapter 34 / Section 34.040
34.040 When allowed
Status: in_force

(1) The writ shall be allowed in all cases in which a substantial interest of a plaintiff has been injured and an inferior court including an officer or tribunal other than an agency as defined in ORS 183.310 (Definitions for chapter) (1) in the exercise of judicial or quasi-judicial functions appears to have:

(a) Exceeded its jurisdiction;

(b) Failed to follow the procedure applicable to the matter before it;

(c) Made a finding or order not supported by substantial evidence in the whole record;

(d) Improperly construed the applicable law; or

(e) Rendered a decision that is unconstitutional.

(2) The fact that the right of appeal exists is no bar to the issuance of the writ. [Amended by 1965 c.292 §1; 1973 c.561 §1; 1979 c.772 §13; 1995 c.79 §12; 1995 c.658 §29]

Source: Section 34.040 — When allowed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.640 — OR Code / Title 3 / Chapter 36 / Section 36.640
36.640 Consolidation of separate arbitration proceedings
Status: in_force

(1) Except as otherwise provided in subsection (3) of this section, upon petition of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:

(a) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;

(b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;

(c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and

(d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

(2) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.

(3) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation. [2003 c.598 §10]

Note: See note under 36.600 (Definitions) .

Source: Section 36.640 — Consolidation of separate arbitration proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.405 — OR Code / Title 3 / Chapter 35 / Section 35.405
35.405 Designation of person to exercise right of repurchase by multiple owners
Status: in_force

Notwithstanding any other provision of ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) , in any instance in which ORS 35.385 (Public purpose use required of condemner) applies, where the agreement by which the condemner acquired the property is executed by more than one person exclusive of the condemner, or where the judgment given in a condemnation action by which the condemner acquired the property includes more than one named defendant, all such persons executing such agreement, or all such named defendants must designate one person to act as beneficiary in the exercise of the right of repurchase, unless all such persons executing such agreement, or all such named defendants, waive such right of repurchase as provided in ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) . Such designated beneficiary thereafter shall exclusively have and exclusively may exercise all rights, remedies and obligations provided in ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) . [1973 c.720 §6]

Source: Section 35.405 — Designation of person to exercise right of repurchase by multiple owners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.090 — OR Code / Title 3 / Chapter 30 / Section 30.090
30.090 Appointment of administrator of estate of wrongdoer
Status: in_force

If no probate of the estate of the wrongdoer has been instituted within 60 days from the death of the wrongdoer, the court, upon motion of the injured person, or of the personal representatives of one meeting death, as stated in ORS 30.080 (Effect of death of wrongdoer) , shall appoint an administrator of the estate of the wrongdoer.

Source: Section 30.090 — Appointment of administrator of estate of wrongdoer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.302 — OR Code / Title 3 / Chapter 30 / Section 30.302
30.302 Certain retired health care providers to be considered agents of public bodies
Status: in_force

(1) As used in this section, “retired provider” means any person:

(a) Who holds a degree of Doctor of Medicine, Doctor of Osteopathic Medicine or Doctor of Podiatric Medicine, or who has met the minimum educational requirements for licensure to practice naturopathic medicine or as a physician assistant under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or 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) ;

(b) Who has been licensed and is currently retired in accordance with the provisions of ORS chapter 677, 678 or 685;

(c) Who is registered with the Oregon Medical Board as a retired emeritus physician or who complies with the requirements of the Oregon Medical Board as a retired physician assistant, the Oregon State Board of Nursing as a retired nurse practitioner or the Oregon Board of Naturopathic Medicine as a retired naturopath;

(d) Who registers with the local health officer of the local public health authority, as defined in ORS 431.003 (Definitions) , in which the physician, physician assistant, nurse practitioner or naturopath practices; and

(e) Who provides medical care as a volunteer without compensation solely through referrals from the local health officer specified in paragraph (d) of this subsection.

(2) Any retired provider who treats patients pursuant to this section shall be considered to be an agent of a public body for the purposes of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) . [1991 c.952 §1; 2009 c.43 §2; 2013 c.129 §2; 2014 c.45 §2; 2015 c.736 §47; 2017 c.409 §1]

Source: Section 30.302 — Certain retired health care providers to be considered agents of public bodies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.610 — OR Code / Title 3 / Chapter 36 / Section 36.610
36.610 Effect of agreement to arbitrate
Status: in_force

(1) Except as otherwise provided in this section, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) to the extent permitted by law.

(2) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:

(a) Waive or agree to vary the effect of the requirements of this section or ORS 36.615 (Application for judicial relief) , 36.620 (Validity of agreement to arbitrate) (1), 36.630 (Provisional remedies) , 36.675 (Witnesses) (1) or (2), 36.720 (Jurisdiction) or 36.730 (Appeals) ;

(b) Agree to unreasonably restrict the right under ORS 36.635 (Initiation of arbitration) to notice of the initiation of an arbitration proceeding;

(c) Agree to unreasonably restrict the right under ORS 36.650 (Disclosure by arbitrator) to disclosure of any facts by a neutral arbitrator; or

(d) Waive the right under ORS 36.670 (Representation by a lawyer) of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) , but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

(3) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or ORS 36.625 (Petition to compel or stay arbitration) , 36.660 (Immunity of arbitrator) , 36.680 (Judicial enforcement of preaward ruling by arbitrator) , 36.690 (Change of award by arbitrator) (4) or (5), 36.700 (Confirmation of award) , 36.705 (Vacating award) , 36.710 (Modification or correction of award) , 36.715 (Judgment on award) (1) or (2), 36.735 (Uniformity of application and construction) or 36.740 (Relationship to electronic signatures in Global and National Commerce Act) or section 3 (1) or (3) or 31, chapter 598, Oregon Laws 2003.

(4) Subsections (2) and (3) of this section do not apply to agreements to arbitrate entered into by two or more insurers, as defined by ORS 731.106 (“Insurer.”) , or self-insured persons for the purpose of arbitration of disputes arising out of the provision of insurance. [2003 c.598 §4; 2011 c.595 §118]

Note: See note under 36.600 (Definitions) .

Source: Section 36.610 — Effect of agreement to arbitrate; nonwaivable provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.262 — OR Code / Title 3 / Chapter 30 / Section 30.262
30.262 Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300
Status: in_force

(1) The following facilities and training homes are public bodies for the purposes of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) :

(a) A nonprofit residential training facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) , nonprofit residential training home as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) or nonprofit facility as defined in ORS 427.005 (Definitions) , organized and existing under ORS chapter 65, that receives more than 50 percent of its funding from the state or a political subdivision of the state for the purpose of providing residential or vocational services to individuals with intellectual or other developmental disabilities.

(b) A nonprofit residential training facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) , nonprofit residential training home as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) or nonprofit facility as defined in ORS 427.005 (Definitions) , organized and existing under ORS chapter 65, that receives less than 50 percent of its funding from the state or a political subdivision of the state but that provides residential or vocational services to individuals with intellectual or other developmental disabilities, more than half of whom are eligible for funding for services by the Department of Human Services under criteria established by the department.

(2) The provisions of this section apply only to a nonprofit residential training facility, nonprofit residential training home or nonprofit facility that provides services to individuals with intellectual or other developmental disabilities under a contract with:

(a) The Department of Human Services; or

(b) A community mental health program or community developmental disabilities program established pursuant to ORS 430.620 (Establishment of community mental health and developmental disabilities programs by one or more counties) . [1997 c.579 §2; 2001 c.900 §9; 2007 c.70 §8; 2011 c.658 §30; 2011 c.720 §52]

Note: 30.262 (Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300) 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 30.262 — Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.330 — OR Code / Title 3 / Chapter 34 / Section 34.330
34.330 Who may not prosecute writ
Status: in_force

A person may not prosecute a writ of habeas corpus if:

(1) The person is imprisoned or restrained by virtue of process issued by a court of the United States, or a judge, commissioner or other officer thereof, in cases where such courts, or judges or officers thereof, have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of actions, suits or other proceedings in such court, or before such commissioner or other officer.

(2) The person is imprisoned or restrained by virtue of the judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution issued upon such judgment.

(3) Except as provided in ORS 138.530 (When relief must be granted) , the person is eligible to obtain post-conviction relief pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) .

(4) The person is eligible to seek judicial review of a final order of the State Board of Parole and Post-Prison Supervision under ORS 144.335 (Appeal from order of board to Court of Appeals) but the person fails to seek judicial review of the order in a timely manner.

(5) The person seeks judicial review of a final order of the board under ORS 144.335 (Appeal from order of board to Court of Appeals) but the Court of Appeals:

(a) Summarily affirms the order of the board on the grounds that the person failed to present a substantial question of law;

(b) Otherwise disposes of the judicial review on the merits of the petitioner’s issues on judicial review; or

(c) Dismisses the judicial review because of a procedural defect. [Amended by 1959 c.636 §22; 2001 c.661 §2; 2003 c.576 §311; 2007 c.411 §2]

Source: Section 34.330 — Who may not prosecute writ , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.285 — OR Code / Title 3 / Chapter 30 / Section 30.285
30.285 Public body shall indemnify public officers
Status: in_force

(1) The governing body of any public body shall defend, save harmless and indemnify any of its officers, employees and agents, whether elective or appointive, against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of duty.

(2) The provisions of subsection (1) of this section do not apply in case of malfeasance in office or willful or wanton neglect of duty.

(3) If any civil action, suit or proceeding is brought against any state officer, employee or agent which on its face falls within the provisions of subsection (1) of this section, or which the state officer, employee or agent asserts to be based in fact upon an alleged act or omission in the performance of duty, the state officer, employee or agent may, after consulting with the Oregon Department of Administrative Services file a written request for counsel with the Attorney General. The Attorney General shall thereupon appear and defend the officer, employee or agent unless after investigation the Attorney General finds that the claim or demand does not arise out of an alleged act or omission occurring in the performance of duty, or that the act or omission complained of amounted to malfeasance in office or willful or wanton neglect of duty, in which case the Attorney General shall reject defense of the claim.

(4) Any officer, employee or agent of the state against whom a claim within the scope of this section is made shall cooperate fully with the Attorney General and the department in the defense of such claim. If the Attorney General after consulting with the department determines that such officer, employee or agent has not so cooperated or has otherwise acted to prejudice defense of the claim, the Attorney General may at any time reject the defense of the claim.

(5) If the Attorney General rejects defense of a claim under subsection (3) of this section or this subsection, no public funds shall be paid in settlement of said claim or in payment of any judgment against such officer, employee or agent. Such action by the Attorney General shall not prejudice the right of the officer, employee or agent to assert and establish an appropriate proceedings that the claim or demand in fact arose out of an alleged act or omission occurring in the performance of duty, or that the act or omission complained of did not amount to malfeasance in office or willful or wanton neglect of duty, in which case the officer, employee or agent shall be indemnified against liability and reasonable costs of defending the claim, cost of such indemnification to be a charge against the Insurance Fund established by ORS 278.425 (Insurance Fund) .

(6) Nothing in subsection (3), (4) or (5) of this section shall be deemed to increase the limits of liability of any public officer, agent or employee under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , or obviate the necessity of compliance with ORS 30.275 (Notice of claim) by any claimant, nor to affect the liability of the state itself or of any other public officer, agent or employee on any claim arising out of the same accident or occurrence.

(7) As used in this section, “state officer, employee or agent” includes district attorneys and deputy district attorneys, special prosecutors and law clerks of the office of district attorney who act in a prosecutorial capacity, but does not include any other employee of the office of district attorney or any employee of the justice or circuit courts whose salary is paid wholly or in part by the county. [1967 c.627 §7; 1975 c.609 §16; 1981 c.109 §5; 1981 c.913 §2; 1985 c.731 §22; 1987 c.763 §1; 2009 c.67 §11]

Source: Section 30.285 — Public body shall indemnify public officers; procedure for requesting counsel; extent of duty of state; obligation for judgment and attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.380 — OR Code / Title 3 / Chapter 37 / Section 37.380
37.380 Secured claims against after-acquired property
Status: in_force

Property acquired by the estate or by the owner after the date of appointment of the receiver is subject to an allowed secured claim to the same extent as would be the case in the absence of a receivership. [2017 c.358 §38]

Source: Section 37.380 — Secured claims against after-acquired property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.925 — OR Code / Title 3 / Chapter 30 / Section 30.925
30.925 Punitive damages
Status: in_force

(1) In a product liability civil action, punitive damages shall not be recoverable except as provided in ORS 31.730 (Standards for award of punitive damages) .

(2) Punitive damages, if any, shall be determined and awarded based upon the following criteria:

(a) The likelihood at the time that serious harm would arise from the defendant’s misconduct;

(b) The degree of the defendant’s awareness of that likelihood;

(c) The profitability of the defendant’s misconduct;

(d) The duration of the misconduct and any concealment of it;

(e) The attitude and conduct of the defendant upon discovery of the misconduct;

(f) The financial condition of the defendant; and

(g) The total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to persons in situations similar to the claimant’s and the severity of criminal penalties to which the defendant has been or may be subjected. [1979 c.866 §3; 1995 c.688 §4]

Source: Section 30.925 — Punitive damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.350 — OR Code / Title 3 / Chapter 37 / Section 37.350
37.350 Submission of claims by creditors
Status: in_force

(1) Claims may not be submitted until a claims process is established under ORS 37.340 (Claims process) .

(2) All claims that arose before the receiver’s appointment, whether contingent, liquidated, unliquidated or disputed, other than claims of creditors with security interests in or other liens against estate property, must be submitted in accordance with this section. Any claim not so submitted is barred from participating in any distribution to creditors.

(3) Claims must be submitted by delivering the claim to the receiver or an agent designated by the receiver within 30 days after the claims process is established, except that a claim arising from the rejection of an executory contract of the owner must be submitted within 30 days after the rejection. Claims by state agencies must be submitted within 180 days after the claims process is established. The court may shorten or extend any time period set forth in this subsection.

(4) Claims must be submitted in a form prescribed by the receiver. If no form is prescribed, claims must be in written form and must:

(a) Include the name and address of the claimant;

(b) Set forth the nature and amount of the claim;

(c) Be executed by the claimant or the claimant’s agent; and

(d) Include any other information required by the receiver.

(5) Claims may not be filed with the court. If a claim is incorrectly filed with the court, the court shall forward the claim to the receiver or an agent designated by the receiver.

(6) A claim executed and submitted in accordance with this section constitutes prima facie evidence of the validity and amount of the claim. [2017 c.358 §35]

Source: Section 37.350 — Submission of claims by creditors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 34.450 — OR Code / Title 3 / Chapter 34 / Section 34.450
34.450 Payment of charges when service is on person other than sheriff or other officer
Status: in_force

Every court or judge allowing a writ of habeas corpus, directed to a person other than a sheriff or other officer, may require, in order to render the service effectual, that the charges of producing the party be paid by the applicant; and in such case the court or judge shall, in the order allowing the writ, specify the amount of such charges, which shall not exceed the fees allowed by law to sheriffs for similar services.

Source: Section 34.450 — Payment of charges when service is on person other than sheriff or other officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 34.480 — OR Code / Title 3 / Chapter 34 / Section 34.480
34.480 Proof of service
Status: in_force

The proof of service of the writ shall be the same as in the service of a summons, except that the same shall be indorsed upon a copy of the writ made by the officer or person serving it, and returned to the clerk who issued the writ.

Source: Section 34.480 — Proof of service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.250 — OR Code / Title 3 / Chapter 30 / Section 30.250
30.250 Amount of judgment
Status: in_force

In an action upon an official undertaking or security, if judgments have already been recovered on the same undertaking or security against the surety therein, other than by confession, and if such recovery is established on the trial, judgment shall not be given against the surety for an amount exceeding the difference between the amount of the penalty and the amount that already has been recovered against the surety.

Source: Section 30.250 — Amount of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.490 — OR Code / Title 3 / Chapter 34 / Section 34.490
34.490 Duty to obey writ
Status: in_force

It is the duty of every sheriff or other officer upon whom a writ of habeas corpus is served, whether such writ is directed to the sheriff or officer or not, upon payment or tender of the fees allowed by law, and the delivery or tender of the undertaking described in ORS 34.440 (Who may serve writ) , to obey and return the writ according to the exigency thereof; and it is the duty of every other person upon whom the writ is served, having the custody of the person for whose benefit it is issued, to obey and return it in like manner, without requiring the payment of any fees, unless the payment of such fees has been required by the court or judge allowing such writ.

Source: Section 34.490 — Duty to obey writ , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 35.500 — OR Code / Title 3 / Chapter 35 / Section 35.500
35.500 Definitions for ORS 35.500 to 35.530
Status: in_force

As used in ORS 35.500 (Definitions for ORS 35.500 to 35.530) to 35.530 (Federal law controls) :

(1) “Displaced person” means any person who moves, or is required to move the person’s residence and personal property incident thereto, or the person’s business or farm operation as a result of:

(a) Acquisition of the real property, in whole or in part, by a public entity; or

(b) Receipt of a written order by such person from a public entity to vacate the property for public use.

(2) “Federal Act” means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646, 42 U.S.C. 4601 et seq.) as in effect on January 1, 2003.

(3) “Public entity” includes the state, a county, a city, a consolidated city-county as defined in ORS 199.705 (Definitions for ORS 199.705 to 199.795) (1), a district, public authority, public agency and any other political subdivision or public corporation in the state when acquiring real property or any interest therein for public use. “Public entity” also includes a private corporation that has the power to exercise the right of eminent domain.

(4) “Public use” means a use for which real property may be acquired by a public entity as provided by law.

(5) “Real property” or any interest therein includes tenements and hereditaments, and includes every interest, freehold and chattel, legal and equitable, present and future, vested and contingent, in such tenements and hereditaments. [Formerly 281.045]

Source: Section 35.500 — Definitions for ORS 35.500 to 35.530 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 31.210 — OR Code / Title 3 / Chapter 31 / Section 31.210
31.210 When general damages allowed
Status: in_force

(1) In an action for damages on account of a defamatory statement published or broadcast in a newspaper, magazine, other printed periodical, or by radio, television or motion pictures, the plaintiff shall not recover general damages unless:

(a) A correction or retraction is demanded but not published as provided in ORS 31.215 (Publication of correction or retraction upon demand) ; or

(b) The plaintiff proves by a preponderance of the evidence that the defendant actually intended to defame the plaintiff.

(2) Where the plaintiff is entitled to recover general damages, the publication of a correction or retraction may be considered in mitigation of damages. [Formerly 30.160]

Source: Section 31.210 — When general damages allowed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 33.850 — OR Code / Title 3 / Chapter 33 / Section 33.850
33.850 Definitions for ORS 33.850 to 33.875
Status: in_force

As used in ORS 33.850 (Definitions for ORS 33.850 to 33.875) to 33.875 (Limitations on transfers) :

(1) “Annuity issuer” means an insurer that has entered into a contract to fund periodic payments under a structured settlement agreement.

(2) “Independent professional advice” means advice of an attorney, certified public accountant, actuary, financial advisor or other professional advisor:

(a) Who is engaged by a payee to render advice concerning the legal, tax or financial implications of a transfer;

(b) Who is not affiliated with or compensated by the transferee; and

(c) Whose compensation for providing the advice is not affected by whether a transfer occurs or does not occur.

(3) “Obligor” means a party that has a continuing obligation to make periodic payments to a payee under a structured settlement agreement or an agreement that provides for a qualified assignment as defined in section 130 of the Internal Revenue Code, as of January 1, 2006.

(4) “Payee” means an individual who is receiving tax-free payments under a structured settlement agreement and proposes to make a transfer of payment rights.

(5) “Payment rights” means rights to receive periodic payments under a structured settlement agreement, whether from the obligor or the annuity issuer.

(6) “Periodic payments” includes both recurring payments and scheduled future lump sum payments.

(7) “Responsible administrative authority” means a government authority vested by law with exclusive jurisdiction over the original tort claim or workers’ compensation claim that was resolved in a structured settlement agreement.

(8) “Structured settlement agreement” means an agreement, judgment, stipulation or release embodying the terms of an arrangement for periodic payment of damages from an obligor or an annuity issuer for:

(a) Personal injuries or sickness established by settlement or judgment in resolution of a tort claim; or

(b) Periodic payments in settlement of a workers’ compensation claim.

(9) “Terms of the structured settlement agreement” includes the terms of:

(a) A structured settlement agreement;

(b) An annuity contract;

(c) An agreement that provides for a qualified assignment as defined in section 130 of the Internal Revenue Code, as of January 1, 2006; and

(d) Any order or other approval of any court, responsible administrative authority or other government authority that authorized or approved the structured settlement agreement.

(10) “Transfer” means any sale, assignment, pledge or other alienation or encumbrance of payment rights made by a payee for consideration. “Transfer” does not include the creation or perfection of an unspecified security interest in all of the payee’s payment rights entered into with an insured depository institution, or an agent or successor in interests of the insured depository institution, in the absence of any action to redirect the payments under the structured settlement agreement to the insured depository institution or otherwise to enforce a security interest against the payment rights.

(11) “Transfer agreement” means an agreement providing for a transfer of payment rights.

(12) “Transferee” means a party acquiring or proposing to acquire payment rights through a transfer agreement. [2005 c.173 §1; 2013 c.736 §1]

Source: Section 33.850 — Definitions for ORS 33.850 to 33.875 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 31.820 — OR Code / Title 3 / Chapter 31 / Section 31.820
31.820 Severability
Status: in_force

If any provision of ORS 31.800 (Right of contribution among joint tortfeasors) to 31.820 (Severability) or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of ORS 31.800 (Right of contribution among joint tortfeasors) to 31.820 (Severability) which can be given effect without the invalid provision or application and to this end the provisions of ORS 31.800 (Right of contribution among joint tortfeasors) to 31.820 (Severability) are severable. [Formerly 18.460]

Source: Section 31.820 — Severability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 30.520 — OR Code / Title 3 / Chapter 30 / Section 30.520
30.520 Joinder of defendants
Status: in_force

Several persons may be joined as defendants in an action for the causes specified in ORS 30.510 (Action for usurpation of office or franchise, forfeiture of office or failure to incorporate) (1), and in such action their respective rights to such office or franchise may be determined.

Source: Section 30.520 — Joinder of defendants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.380 — OR Code / Title 3 / Chapter 34 / Section 34.380
34.380 Warrant in lieu of writ
Status: in_force

Whenever it appears by satisfactory evidence that any person is illegally imprisoned or restrained and there is good reason to believe that the person will be carried out of the state or suffer irreparable injury before the person can be relieved by the issuing of a habeas corpus, any court or judge authorized to issue such writ may issue a warrant reciting the facts, directed to any sheriff or other person therein designated, commanding the sheriff or other person to take such illegally imprisoned or restrained person and forthwith bring the person before such court or judge, to be dealt with according to law.

Source: Section 34.380 — Warrant in lieu of writ; when issued , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.725 — OR Code / Title 3 / Chapter 36 / Section 36.725
36.725 Venue
Status: in_force

A petition pursuant to ORS 36.615 (Application for judicial relief) must be made in the court for the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court for the county in which it was held. Otherwise, the petition may be made in the court for any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent petitions must be made in the court hearing the initial petition unless the court otherwise directs. [2003 c.598 §27]

Note: See note under 36.600 (Definitions) .

Source: Section 36.725 — Venue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.492 — OR Code / Title 3 / Chapter 30 / Section 30.492
30.492 Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material
Status: in_force

(1) Except as provided in ORS 30.495 (Exceptions to limitation) and 30.497 (When limitation on liability not applicable) , no person may maintain an action for damages against a person for voluntarily providing assistance or advice directly related to:

(a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material; or

(b) Preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous material.

(2) Except as provided in ORS 30.495 (Exceptions to limitation) and 30.497 (When limitation on liability not applicable) , no state or local agency may assess a civil or criminal penalty against a person for voluntarily providing assistance or advice directly related to:

(a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material; or

(b) Preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous material. [1985 c.376 §2]

Source: Section 30.492 — Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.697 — OR Code / Title 3 / Chapter 30 / Section 30.697
30.697 Effect on workers’ compensation benefits
Status: in_force

Nothing in ORS 30.687 (Definitions for ORS 30.687 to 30.697) to 30.695 (Effect of written release on liability of veterinarian or farrier) shall affect the right of any person to any workers’ compensation benefits that may be payable by reason of death, injury or other loss. [1991 c.864 §6]

Source: Section 30.697 — Effect on workers’ compensation benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.673 — OR Code / Title 3 / Chapter 30 / Section 30.673
30.673 Limitations on liability of agri-tourism professional
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section, an agri-tourism professional that posts the notices required under ORS 30.677 (Notice) is not liable for an injury to or the death of a participant arising from the inherent risks of an agri-tourism activity.

(2) Subsection (1) of this section does not limit the liability of an agri-tourism professional if the agri-tourism professional:

(a) Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission is a cause of injury to the participant;

(b) Intentionally injures the participant;

(c) Provides equipment to the participant and fails to make reasonable inspection of the equipment, and that failure is a cause of the injury to the participant;

(d) Fails to make reasonable inspection of the property on which the agri-tourism activity occurs, and that failure is a cause of the injury to the participant;

(e) Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity, or of the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the participant, and the danger causes injury, damage or death to the participant; or

(f) Fails to obtain necessary authorization for the agri-tourism activity under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) .

(3) Subsection (1) of this section does not limit the liability of an agri-tourism professional under the product liability provisions of ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) . [2015 c.535 §2]

Source: Section 30.673 — Limitations on liability of agri-tourism professional; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.805 — OR Code / Title 3 / Chapter 30 / Section 30.805
30.805 Liability for emergency medical assistance by government personnel
Status: in_force

(1) No person may maintain an action for damages for injury, death or loss that results from acts or omissions in rendering emergency medical assistance unless it is alleged and proved by the complaining party that the acts or omissions violate the standards of reasonable care under the circumstances in which the emergency medical assistance was rendered, if the action is against:

(a) The staff person of a governmental agency or other entity if the staff person and the agency or entity are authorized within the scope of their official duties or licenses to provide emergency medical care; or

(b) A governmental agency or other entity that employs, trains, supervises or sponsors the staff person.

(2) As used in this section, “emergency medical care” means medical care to an injured or ill person who is in need of immediate medical care:

(a) Under emergency circumstances that suggest that the giving of assistance is the only alternative to serious physical aftereffects or death;

(b) In a place where emergency medical care is not regularly available;

(c) In the absence of a personal refusal of such medical care by the injured or ill person or the responsible relative of such person; and

(d) Which may include medical care provided through means of radio or telecommunication by a medically trained person, who practices in a hospital as defined in ORS 442.015 (Definitions) and licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.119 (Exemptions) and 441.993 (Civil penalties and administrative actions) , and who is not at the location of the injured or ill person. [1979 c.782 §8; 1981 c.693 §27; 1985 c.747 §48]

Source: Section 30.805 — Liability for emergency medical assistance by government personnel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.548 — OR Code / Title 3 / Chapter 36 / Section 36.548
36.548 Costs of conciliation proceedings
Status: in_force

Upon termination of the conciliation proceedings, the conciliator or conciliators shall fix the costs of the conciliation and give written notice thereof to the parties. As used in this section and in ORS 36.550 (Payment of costs) , “costs” includes only the following:

(1) A reasonable fee to be paid to the conciliator or conciliators.

(2) The travel and other reasonable expenses of the conciliator or conciliators.

(3) The travel and other reasonable expenses of witnesses requested by the conciliator or conciliators with the consent of the parties.

(4) The cost of any expert advice requested by the conciliator or conciliators with the consent of the parties.

(5) The cost of any court. [1991 c.405 §51]

Source: Section 36.548 — Costs of conciliation proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.620 — OR Code / Title 3 / Chapter 30 / Section 30.620
30.620 Duty of district attorney
Status: in_force

When directed by the Governor, as prescribed in ORS 30.570 (Action to annul corporate existence on direction of Governor) , it shall be the duty of the district attorney to commence the action therein provided for accordingly. In all other actions provided for in ORS 30.510 (Action for usurpation of office or franchise, forfeiture of office or failure to incorporate) to 30.640 (Enforcement of judgment) it shall be the duty of the proper district attorney to commence such action, upon leave given where leave is required, in every case of public interest, whenever the district attorney has reason to believe that a cause of action exists and can be proven, and also for like reasons in every case of private interest only in which satisfactory security is given to the state to indemnify it against the costs and expenses that may be incurred thereby.

Source: Section 30.620 — Duty of district attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.390 — OR Code / Title 3 / Chapter 30 / Section 30.390
30.390 Satisfaction of judgment against public corporation
Status: in_force

If judgment is given for the recovery of money or damages against a public corporation mentioned in ORS 30.310 (Actions and suits by governmental units) , no execution shall issue thereon for the collection of such money or damages, but the judgment shall be satisfied as follows:

(1) The party in whose favor the judgment is given may, at any time thereafter, when an execution might issue on a like judgment against a private person, present a certified copy of the judgment document, to the officer of the public corporation who is authorized to draw orders on the treasurer thereof.

(2) On the presentation of the copy, the officer shall draw an order on the treasurer for the amount of the judgment, in favor of the party for whom the judgment was given. Thereafter, the order shall be presented for payment, and paid, with like effect and in like manner as other orders upon the treasurer of the public corporation.

(3) The certified copy provided for in subsection (1) of this section shall not be furnished by the clerk, unless at the time an execution might issue on the judgment if the same was against a private person, nor until satisfaction of the judgment in respect to such money or damages is acknowledged as in ordinary cases. The clerk shall provide with the copy a memorandum of such acknowledgment of satisfaction and the entry thereof. Unless the memorandum is provided, no order upon the treasurer shall issue thereon. [Amended by 2003 c.576 §185]

Source: Section 30.390 — Satisfaction of judgment against public corporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 28.050 — OR Code / Title 3 / Chapter 28 / Section 28.050
28.050 Enumeration not exclusive
Status: in_force

The enumeration in ORS 28.010 (Power of courts) , 28.020 (Declarations as to writings and laws) or 28.030 (Construction of contract before or after breach) does not limit or restrict the exercise of the general powers conferred in ORS 28.010 (Power of courts) , in any proceedings where declaratory relief is sought, in which a judgment will terminate the controversy or remove an uncertainty. [Amended by 2003 c.576 §303; 2021 c.282 §22]

Source: Section 28.050 — Enumeration not exclusive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.080 — OR Code / Title 3 / Chapter 30 / Section 30.080
30.080 Effect of death of wrongdoer
Status: in_force

Claims for relief arising out of injury to or death of a person, caused by the wrongful act or negligence of another, shall not abate upon the death of the wrongdoer, and the injured person or the personal representatives of the one meeting death, as above stated, shall have a claim for relief against the personal representatives of the wrongdoer as if the wrongdoer had survived, except for those damages provided for in ORS 30.020 (Action for wrongful death) (2)(e). [Amended by 1953 c.600 §3; 1961 c.437 §2; 1967 c.544 §2; 1973 c.742 §1; 1983 c.662 §1]

Source: Section 30.080 — Effect of death of wrongdoer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.155 — OR Code / Title 3 / Chapter 36 / Section 36.155
36.155 Grants for dispute resolution services in counties
Status: in_force

The Dean of the University of Oregon School of Law shall award grants for the purpose of providing dispute resolution services in counties. Grants under this section shall be made from funds allocated to the University of Oregon on behalf of the University of Oregon School of Law for distribution under this section. The Board of Trustees of the University of Oregon may adopt standards for the operation of the grant program. [1989 c.718 §12; 1991 c.538 §2; 1997 c.801 §41; 2001 c.581 §1; 2003 c.791 §16; 2005 c.817 §4c; 2009 c.762 §44; 2013 c.768 §105]

Source: Section 36.155 — Grants for dispute resolution services in counties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 28.220 — OR Code / Title 3 / Chapter 28 / Section 28.220
28.220 Fees
Status: in_force

Fees and costs shall be the same as in civil appeals docketed before the Supreme Court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification. [1983 c.103 §5]

Note: See note under 28.200 (Supreme Court authorized to answer questions of law certified by other courts) .

Source: Section 28.220 — Fees; apportionment between parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.186 — OR Code / Title 3 / Chapter 30 / Section 30.186
30.186 Remedies not exclusive
Status: in_force

The remedies provided in ORS 30.180 (Definitions for ORS 30.180 to 30.186) to 30.186 (Remedies not exclusive) are in addition to, and not in lieu of, any and all other remedies, both civil and criminal, provided by law. [1989 c.670 §4]

Source: Section 30.186 — Remedies not exclusive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.287 — OR Code / Title 3 / Chapter 30 / Section 30.287
30.287 Counsel for public officer
Status: in_force

(1) If any civil action, suit or proceeding is brought against any officer, employee or agent of a local public body which on its face falls within the provisions of ORS 30.285 (Public body shall indemnify public officers) (1), or which the officer, employee or agent asserts to be based in fact upon an alleged act or omission in the performance of duty, the officer, employee or agent may file a written request for counsel with the governing body of the public body. The governing body shall thereupon engage counsel to appear and defend the officer, employee or agent unless after investigation it is determined that the claim or demand does not arise out of an alleged act or omission occurring in the performance of duty, or that the act or omission complained of amounted to malfeasance in office or willful or wanton neglect of duty, in which case the governing body shall reject defense of the claim.

(2) Any officer, employee or agent of a local public body against whom a claim within the scope of this section is made shall cooperate fully with the governing body and counsel in the defense of such claim. If the counsel determines and certifies to the governing body that such officer, employee or agent has not so cooperated or has otherwise acted in prejudice of the defense of the claim, the governing body may at any time reject the defense of the claim.

(3) If the governing body rejects defense of a claim under subsection (1) of this section, no public funds shall be paid in settlement of the claim or in payment of any judgment against such officer, employee or agent. Such action by the governing body shall not prejudice the right of the officer, employee or agent to assert and establish in an appropriate proceedings that the claim or demand in fact arose out of an alleged act or omission occurring in the performance of duty, or that the act or omission complained of did not amount to malfeasance in office or willful or wanton neglect of duty, in which case the officer, employee or agent shall be indemnified by the public body against liability and reasonable costs of defending the claim.

(4) Nothing in subsection (1), (2) or (3) of this section shall be deemed to increase the limits of liability of any public officer, agent or employee under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , or relieve any claimant of the necessity of compliance with ORS 30.275 (Notice of claim) , nor to affect the liability of the local public body itself or of any other public officer, agent or employee on any claim arising out of the same accident or occurrence.

(5) The provisions of this section may be superseded to the extent that the claim against the public officer, employee or agent may be defended by any insurer, or may be subject under ORS 30.282 (Local public body insurance) to agreement with the Oregon Department of Administrative Services, in which case the provisions of the policy of insurance or other agreement are applicable. [1975 c.609 §20; 1985 c.565 §3; 1989 c.1004 §1; 2009 c.67 §12]

Source: Section 30.287 — Counsel for public officer; when public funds not to be paid in settlement; effect on liability limit; defense by insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.605 — OR Code / Title 3 / Chapter 31 / Section 31.605
31.605 Special questions to trier of fact
Status: in_force

(1) When requested by any party the trier of fact shall answer special questions indicating:

(a) The amount of damages to which a party seeking recovery would be entitled, assuming that party not to be at fault.

(b) The degree of fault of each person specified in ORS 31.600 (Contributory negligence not bar to recovery) (2). The degree of each person’s fault so determined shall be expressed as a percentage of the total fault attributable to all persons considered by the trier of fact pursuant to ORS 31.600 (Contributory negligence not bar to recovery) .

(2) A jury shall be informed of the legal effect of its answer to the questions listed in subsection (1) of this section.

(3) The jury shall not be informed of any settlement made by the claimant for damages arising out of the injury or death that is the subject of the action.

(4) For the purposes of subsection (1) of this section, the court may order that two or more persons be considered a single person for the purpose of determining the degree of fault of the persons specified in ORS 31.600 (Contributory negligence not bar to recovery) (2). [Formerly 18.480]

Source: Section 31.605 — Special questions to trier of fact; jury not to be informed of settlement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 30.420 — OR Code / Title 3 / Chapter 30 / Section 30.420
30.420 Venue of action for forfeiture
Status: in_force

Whenever, by law, any property is forfeited to the state, or to any officer for its use, the action for the recovery of such property may be commenced in any county where the defendant may be found, or where such property may be.

Source: Section 30.420 — Venue of action for forfeiture , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.268 — OR Code / Title 3 / Chapter 31 / Section 31.268
31.268 Mediation
Status: in_force

(1) If a discussion under ORS 31.264 (Discussion of adverse health care incident) does not result in the resolution of an adverse health care incident, the patient and the health care facility or health care provider who files or is named in a notice of adverse health care incident filed under ORS 31.262 (Notice of adverse health care incident) Act may enter into mediation.

(2) The Oregon Patient Safety Commission shall develop and maintain a panel of qualified individuals to serve as mediators. The parties, by mutual agreement, may choose any mediator from within or outside the panel.

(3) The parties shall bear the cost of mediation equally unless otherwise mutually agreed.

(4) Other persons that may participate in the mediation include, but are not limited to:

(a) Members of the patient’s family, at the discretion of the patient;

(b) Attorneys for the patient, the health care facility and the health care provider;

(c) Professional liability insurance carriers;

(d) Risk management personnel; and

(e) Any lien holder with an interest in the dispute.

(5) If a health care facility or health care provider makes an offer of compensation as part of a mediation under this section, the facility or provider shall advise the patient of the patient’s right to seek legal advice before accepting the offer.

(6) Mediation under this section is subject to ORS 36.210 (Liability of mediators and programs) , 36.220 (Confidentiality of mediation communications and agreements) , 36.222 (Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings) , 36.224 (State agencies) , 36.226 (Public bodies other than state agencies) , 36.232 (Disclosures allowed for reporting, research, training and educational purposes) , 36.234 (Parties to mediation) , 36.236 (Effect on other laws) and 36.238 (Application of ORS 36.210 and 36.220 to 36.238) . [2013 c.5 §5]

Source: Section 31.268 — Mediation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 31.274 — OR Code / Title 3 / Chapter 31 / Section 31.274
31.274 Patient representatives
Status: in_force

(1) A patient who 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) may be represented 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) by the first of the persons, in the following order of priority, who can be located upon reasonable effort by the health care facility or health care provider and who is willing to serve as the patient’s representative:

(a) A guardian of the patient who is authorized to make health care decisions for the patient.

(b) The spouse of the patient.

(c) A parent of the patient.

(d) A majority of the adult children of the patient who can be located.

(e) A majority of the adult siblings of the patient who can be located.

(f) An adult friend of the patient.

(g) A person, other than a health care provider who files or is named in a notice of adverse health care incident under ORS 31.262 (Notice of adverse health care incident) , appointed by a hospital under ORS 127.760 (Consent to health care services by person appointed by hospital) .

(2) The conservator of the patient appointed under ORS chapter 125 may serve as a patient’s representative with the patient’s representative designated under subsection (1) of this section if the conservator’s representation is necessary to consider an offer of compensation under ORS 31.264 (Discussion of adverse health care incident) or 31.268 (Mediation) . [2013 c.5 §8]

Source: Section 31.274 — Patient representatives , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.472 — OR Code / Title 3 / Chapter 36 / Section 36.472
36.472 Number of arbitrators
Status: in_force

The parties may agree on the number of arbitrators. If the parties do not agree, the number of arbitrators shall be one. [1991 c.405 §13]

Source: Section 36.472 — Number of arbitrators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.710 — OR Code / Title 3 / Chapter 34 / Section 34.710
34.710 Appeal
Status: in_force

Any party to a proceeding by habeas corpus, including the state when the district attorney appears therein, may appeal from the judgment of the court refusing to allow such writ or any judgment therein, in like manner and with like effect as in an action. No question once finally determined upon a proceeding by habeas corpus shall be reexamined upon another proceeding of the same kind. [Amended by 2003 c.576 §235; 2015 c.212 §15]

Source: Section 34.710 — Appeal; conclusiveness of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.665 — OR Code / Title 3 / Chapter 36 / Section 36.665
36.665 Arbitration process
Status: in_force

(1) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence.

(2) An arbitrator may decide a request for summary disposition of a claim or particular issue:

(a) If all interested parties agree; or

(b) Upon request of one party to the arbitration proceeding, if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.

(3) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party’s appearance at the hearing waives any objection based on lack or insufficiency of notice. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator’s own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.

(4) At a hearing under subsection (3) of this section, a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.

(5) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with ORS 36.645 (Appointment of arbitrator) to continue the proceeding and to resolve the controversy. [2003 c.598 §15]

Note: See note under 36.600 (Definitions) .

Source: Section 36.665 — Arbitration process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.220 — OR Code / Title 3 / Chapter 35 / Section 35.220
35.220 Precondemnation entry on real property
Status: in_force

"a condemner may enter private property to conduct tests, take samples and the like, as long as the owner is provided notice. If an owner objects, the condemner may seek a court order…" Bibliographic info

(1) Subject to the requirements of this section, a condemner may enter upon, examine, survey, conduct tests upon and take samples from any real property that is subject to condemnation by the condemner. A condemner may not enter upon any land under the provisions of this section without first attempting to provide actual notice to the owner or occupant of the property. If the condemner has not provided actual notice, written notice must be posted in a conspicuous place where the notice is most likely to be seen. The posted notice must give the condemner’s name, address and telephone number and the purpose of the entry. A condemner may conduct tests upon or take samples from real property only with the consent of the owner or pursuant to an order entered under subsection (2) of this section. All testing and sampling must be done in conformity with applicable laws and regulations. Testing and sampling results shall be provided to the owner upon request.

(2) If the owner of property objects to examination or survey of the property under this section, or does not consent to the terms and conditions for testing or sampling of the property, the condemner may file a petition with the court seeking an order providing for entry upon the property and allowing such examination, survey, testing or sampling as may be requested by the condemner. The court may enter an order establishing reasonable terms and conditions for entry and for any examination, survey, testing or sampling of the property requested by the condemner. Reasonable compensation for damage or interference under subsection (3) of this section may be established in the proceeding either before or after entry is made upon the property by the condemner.

(3) An owner is entitled to reasonable compensation for:

(a) Any physical damage caused to the property by the entry upon or examination, survey, testing or sampling of the property, including any damage attributable to the diffusion of hazardous substances found on the property; and

(b) Any substantial interference with the property’s possession or use caused by the entry upon or examination, survey, testing or sampling of the property.

(4) If a condemner is required to pay compensation to an owner in a proceeding under subsection (2) of this section, and the condemner thereafter seeks condemnation of the same property, the owner is not entitled to any payment of compensation in the condemnation action that would result in the owner receiving a second recovery for the same damage or interference.

(5) Nothing in this section affects any liability under any other provision of law that a condemner may have to an owner or occupant of property by reason of entry upon or examination, survey, testing or sampling of property. [2003 c.477 §2]

Source: Section 35.220 — Precondemnation entry on real property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 37.260 — OR Code / Title 3 / Chapter 37 / Section 37.260
37.260 Receivership financing
Status: in_force

(1) If a receiver is authorized to operate the business of a person or manage a person’s property, the receiver may obtain credit and incur debt in the ordinary course of business. Expenses related to such credit and debt are allowable under ORS 37.370 (Priorities) as an administrative expense of the receiver.

(2) Upon court order, a receiver may obtain credit or incur debt other than in the ordinary course of business. The court may allow the receiver to mortgage, pledge, hypothecate or otherwise encumber estate property as security for repayment of any debt incurred under this subsection. A creditor’s security interest may be in the form of a receiver’s certificate. [2017 c.358 §26]

Source: Section 37.260 — Receivership financing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.866 — OR Code / Title 3 / Chapter 30 / Section 30.866
30.866 Action for issuance or violation of stalking protective order
Status: in_force

(1) A petitioner may bring a civil action in a circuit court for a court’s stalking protective order or for damages, or both, against a respondent if:

(a) The respondent intentionally, knowingly or recklessly engages in repeated and unwanted contact with the petitioner or a member of the petitioner’s immediate family or household thereby alarming or coercing the petitioner;

(b) It is objectively reasonable for a person in the petitioner’s situation to have been alarmed or coerced by the contact; and

(c) The repeated and unwanted contact causes the petitioner reasonable apprehension regarding the personal safety of the petitioner or a member of the petitioner’s immediate family or household.

(2) At the time the petition is filed, the court, upon a finding of probable cause based on the allegations in the petition, shall enter a temporary court’s stalking protective order that may include, but is not limited to, all contact listed in ORS 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) . The petition and the temporary order shall be served upon the respondent with an order requiring the respondent to personally appear before the court to show cause why the temporary order should not be continued for an indefinite period.

(3) Intentionally left blank —Ed.

(a) At the hearing, whether or not the respondent appears, the court may continue the hearing for up to 30 days or may proceed to enter a court’s stalking protective order and take other action as provided in ORS 163.738 (Effect of citation) .

(b) If respondent fails to appear after being served as required by subsection (2) of this section, the court may issue a warrant of arrest as provided in ORS 133.110 (Issuance) in order to ensure the appearance of the respondent in court.

(4) The petitioner may recover:

(a) Both special and general damages, including damages for emotional distress;

(b) Punitive damages; and

(c) Reasonable attorney fees and costs.

(5) The court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.

(6) An action under this section must be commenced within two years of the conduct giving rise to the claim.

(7) Proof of the claim shall be by a preponderance of the evidence.

(8) The remedy provided by this section is in addition to any other remedy, civil or criminal, provided by law for the conduct giving rise to the claim.

(9) No filing fee, service fee or hearing fee may be charged for a proceeding under this section.

(10) If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent’s ability to possess firearms and ammunition or engage in activities involving firearms.

(11) ORS 163.741 (Service of stalking protective order) applies to protective orders issued under this section.

(12) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 (Stalking) or for violating a court’s stalking protective order as defined in ORS 163.750 (Violating a court’s stalking protective order) . [1993 c.626 §9; 1995 c.353 §6; 1999 c.1052 §4; 2003 c.292 §3; 2015 c.89 §1; 2021 c.274 §1]

Note: Definitions for 30.866 (Action for issuance or violation of stalking protective order) are found in 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) .

Source: Section 30.866 — Action for issuance or violation of stalking protective order; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.105 — OR Code / Title 3 / Chapter 36 / Section 36.105
36.105 Declaration of purpose of ORS 36.100 to 36.238
Status: in_force

The Legislative Assembly declares that it is the purpose of 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) to:

(1) Foster the development of community-based programs that will assist citizens in resolving disputes and developing skills in conflict resolution;

(2) Allow flexible and diverse programs to be developed in this state, to meet specific needs in local areas and to benefit this state as a whole through experiments using a variety of models of peaceful dispute resolution;

(3) Find alternative methods for addressing the needs of crime victims in criminal cases when those cases are either not prosecuted for lack of funds or can be more efficiently handled outside the courts;

(4) Provide a method to evaluate the effect of dispute resolution programs on communities, local governments, the justice system and state agencies;

(5) Encourage the development and use of mediation panels for resolution of civil litigation disputes;

(6) Foster the development or expansion of integrated, flexible and diverse state agency programs that involve state and local agencies and the public and that provide for use of alternative means of dispute resolution pursuant to ORS 183.502 (Authority of agencies to use alternative means of dispute resolution) ; and

(7) Foster efforts to integrate community, judicial and state agency dispute resolution programs. [1989 c.718 §2; 1997 c.706 §3; 2003 c.791 §10]

Source: Section 36.105 — Declaration of purpose of ORS 36.100 to 36.238 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.530 — OR Code / Title 3 / Chapter 35 / Section 35.530
35.530 Federal law controls
Status: in_force

If a public entity is receiving federal financial assistance and is thereby required to comply with applicable federal laws and regulations relating to relocation assistance, such federal laws and regulations shall control should there be any conflict with ORS 35.500 (Definitions for ORS 35.500 to 35.530) to 35.530 (Federal law controls) . [Formerly 281.105]

Source: Section 35.530 — Federal law controls , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.405 — OR Code / Title 3 / Chapter 30 / Section 30.405
30.405 Injunction for criminal conduct related to employment or status of public servant
Status: in_force

(1) A public servant or the public servant’s employer may petition a circuit court for an order enjoining a person who engages in conduct that:

(a) Is directed at the public servant;

(b) Relates to the public servant’s employment or the public servant’s status as an elected or appointed public servant; and

(c) Constitutes any of the following crimes:

(A) Obstructing governmental or judicial administration under ORS 162.235 (Obstructing governmental or judicial administration) .

(B) Assault under ORS 163.160 (Assault in the fourth degree) , 163.165 (Assault in the third degree) , 163.175 (Assault in the second degree) or 163.185 (Assault in the first degree) .

(C) Menacing under ORS 163.190 (Menacing) .

(D) Criminal trespass in the first degree under ORS 164.255 (Criminal trespass in the first degree) .

(E) Disorderly conduct under ORS 166.025 (Disorderly conduct in the second degree) .

(F) Harassment under ORS 166.065 (Harassment) .

(G) Telephonic harassment under ORS 166.090 (Telephonic harassment) .

(2) The petitioner has the burden of proof by a preponderance of the evidence under subsection (1) of this section. An order issued under this section is valid for one year after entry in the register of the court or until vacated by the court, whichever occurs first.

(3) Contempt proceedings against a person who violates an order issued by a circuit court under subsection (1) of this section shall be as provided in ORS 33.055 (Procedure for imposition of remedial sanctions) or 33.065 (Procedure for imposition of punitive sanctions) .

(4) As used in this section, “public servant” has the meaning given that term in ORS 162.005 (Definitions for ORS 162.005 to 162.425) . [2005 c.158 §1]

Note: 30.405 (Injunction for criminal conduct related to employment or status of public servant) and 30.407 (Request for hearing following issuance of order under ORS 30.405) were enacted into law by the Legislative Assembly but were 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 30.405 — Injunction for criminal conduct related to employment or status of public servant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.498 — OR Code / Title 3 / Chapter 36 / Section 36.498
36.498 Contents of statements by claimant and respondent
Status: in_force

(1) Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting the claim of the claimant, the points at issue, and the relief or remedy sought, and the respondent shall state the defense of the respondent in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.

(2) The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.

(3) Unless otherwise agreed by the parties, either party may amend or supplement the claim or defense of the party during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it. [1991 c.405 §26]

Source: Section 36.498 — Contents of statements by claimant and respondent; amendment or supplement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 33.085 — OR Code / Title 3 / Chapter 33 / Section 33.085
33.085 Compelling testimony of witness
Status: in_force

(1) Upon the motion of the person initiating the proceeding, the court may compel the testimony of a witness as provided under ORS 136.617 (Motion to compel witness who may be incriminated to testify) in a contempt proceeding under ORS 33.055 (Procedure for imposition of remedial sanctions) or 33.065 (Procedure for imposition of punitive sanctions) .

(2) In any case where the person initiating the proceeding is not represented by the district attorney, county counsel or Attorney General, the person initiating the proceeding shall serve a notice of intent to compel testimony on the district attorney of the county where the contempt proceeding is pending and on the Attorney General. The notice shall be served not less than 14 calendar days before any hearing on the motion to compel testimony.

(3) The notice required by this section shall identify the witness whose testimony the person initiating the proceeding intends to compel and include, if known, the witness’ name, date of birth, residence address and Social Security number, and other pending proceedings or criminal charges involving the witness. The notice shall also include the case name and number of the contempt proceeding and the date, time and place set for any hearing scheduled as provided in ORS 136.617 (Motion to compel witness who may be incriminated to testify) .

(4) If the person initiating the proceeding fails to serve the required advance notice or fails to serve the notice within the time required, the court shall grant a continuance for not less than 14 calendar days from the date the notice is served to allow the district attorney and Attorney General opportunity to be heard on the matter of compelling testimony. The court may compel testimony under this subsection only after the full notice period and opportunity to be heard, unless before that time the district attorney and Attorney General waive in writing any objection to the motion to compel.

(5) In any hearing on a motion to compel testimony under this section, the district attorney of the county in which the contempt proceeding is pending and the Attorney General each may appear to present evidence or arguments to support or oppose the motion.

(6) In lieu of compelling testimony under this section, the court may continue the contempt proceeding until disposition of any criminal action that is pending against the witness whose testimony is sought and that charges the witness with a crime. [1991 c.724 §7a]

Source: Section 33.085 — Compelling testimony of witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 30.845 — OR Code / Title 3 / Chapter 30 / Section 30.845
30.845 Action against person who summons police with improper intent
Status: in_force

(1) A person may bring a civil action for damages against any person who knowingly causes a police officer to arrive at a location to contact another person with the intent to:

(a) Infringe on the other person’s rights under the Oregon or United States Constitutions;

(b) Unlawfully discriminate against the other person;

(c) Cause the other person to feel harassed, humiliated or embarrassed;

(d) Cause the other person to be expelled from a place in which the other person is lawfully located; or

(e) Damage the other person’s:

(A) Reputation or standing within the community; or

(B) Financial, economic, consumer or business prospects or interests.

(2) Upon prevailing in an action under this section, the plaintiff may recover:

(a) The greater of:

(A) Special and general damages, including damages for emotional distress; or

(B) Statutory damages of $250 against each defendant found liable under this section; and

(b) Punitive damages.

(3) The court may award reasonable attorney fees to the prevailing plaintiff in an action under this section.

(4) A civil action under this section:

(a) May be brought in the small claims department of a circuit court if the total damages do not exceed the jurisdictional limit of the small claims department.

(b) Does not affect a right or remedy available under any other law of this state. [2019 c.415 §1]

Source: Section 30.845 — Action against person who summons police with improper intent; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.811 — OR Code / Title 3 / Chapter 30 / Section 30.811
30.811 Liability of person providing outreach services to homeless individual or individual at risk of becoming homeless individual
Status: in_force

(1) As used in this section:

(a) “Homeless individual” has the meaning given that term in 42 U.S.C. 11302, as in effect on March 16, 2012.

(b) “Outreach services” includes, but is not limited to:

(A) Case management services such as assessment and referral for alcohol or other drug-related services and for housing, financial, educational and related services; and

(B) Medical or dental services provided by a health practitioner who complies with ORS 676.340 (Limitations on liability of health practitioners providing health care services without compensation) and 676.345 (Registration program for health care professionals claiming liability limitation) .

(2) Except as provided in subsection (3) of this section, a person providing outreach services to homeless individuals or individuals at risk of becoming homeless individuals is immune from civil liability for all acts or omissions in providing the care if:

(a) The person has registered as a volunteer with a nonprofit corporation organized under the laws of this state that has as one of its principal missions the provision of services to homeless individuals or individuals at risk of becoming homeless individuals; and

(b) The services are provided without compensation from the nonprofit corporation, the individual to whom services are rendered or any other person.

(3) This section does not apply to intentional torts or to acts or omissions that constitute gross negligence. [2012 c.41 §2]

Source: Section 30.811 — Liability of person providing outreach services to homeless individual or individual at risk of becoming homeless individual , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.184 — OR Code / Title 3 / Chapter 30 / Section 30.184
30.184 Amount recoverable
Status: in_force

In any civil action brought under this section, the utility shall recover from the defendant the greater of actual damages, if any, or $100. Actual damages include the costs incurred on account of the bypassing, tampering or unauthorized reconnection, including but not limited to costs and expenses for investigation, disconnection, reconnection and service calls. The utility may recover punitive damages in addition to actual damages. The court may award reasonable attorney fees and expert witness fees to the prevailing party in an action under this section. [1989 c.670 §2; 1993 c.217 §1; 1995 c.618 §22]

Source: Section 30.184 — Amount recoverable; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.730 — OR Code / Title 3 / Chapter 31 / Section 31.730
31.730 Standards for award of punitive damages
Status: in_force

(1) Punitive damages are not recoverable in a civil action unless it is proven by clear and convincing evidence that the party against whom punitive damages are sought has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.

(2) If an award of punitive damages is made by a jury, the court shall review the award to determine whether the award is within the range of damages that a rational juror would be entitled to award based on the record as a whole, viewing the statutory and common-law factors that allow an award of punitive damages for the specific type of claim at issue in the proceeding.

(3) In addition to any reduction that may be made under subsection (2) of this section, upon the motion of a defendant the court may reduce the amount of any judgment requiring the payment of punitive damages entered against the defendant if the defendant establishes that the defendant has taken remedial measures that are reasonable under the circumstances to prevent reoccurrence of the conduct that gave rise to the claim for punitive damages. In reducing awards of punitive damages under the provisions of this subsection, the court shall consider the amount of any previous judgment for punitive damages entered against the same defendant for the same conduct giving rise to a claim for punitive damages. [Formerly 18.537]

Source: Section 31.730 — Standards for award of punitive damages; required review of award by court; additional reduction of award for remedial measures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 28.250 — OR Code / Title 3 / Chapter 28 / Section 28.250
28.250 Construction
Status: in_force

ORS 28.200 (Supreme Court authorized to answer questions of law certified by other courts) to 28.255 (Short title) shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [1983 c.103 §11]

Note: See note under 28.200 (Supreme Court authorized to answer questions of law certified by other courts) .

Source: Section 28.250 — Construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.908 — OR Code / Title 3 / Chapter 30 / Section 30.908
30.908 Action arising out of injury from breast implants
Status: in_force

(1) Notwithstanding ORS 30.020 (Action for wrongful death) , a product liability civil action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered:

(a) The death or specific injury, disease or damage for which the plaintiff seeks recovery;

(b) The tortious nature of the act or omission of the defendant that gives rise to a claim for relief against the defendant; and

(c) All other elements required to establish plaintiff’s claim for relief.

(2) A product liability civil action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component is not subject to ORS 30.905 (Time limitation for commencement of action) or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.

(3) For the purposes of subsection (1) of this section, an action for wrongful death must be commenced not later than two years after the earliest date that the discoveries required by subsection (1) of this section are made by any of the following persons:

(a) The decedent;

(b) The personal representative for the decedent; or

(c) Any person for whose benefit the action could be brought.

(4) Subsections (1) to (3) of this section do not apply to a person that supplied component parts or raw materials to manufacturers of breast implants containing silicone, silica or silicon as a component, and the person shall remain subject to the limitations on actions imposed by ORS 30.020 (Action for wrongful death) and 30.905 (Time limitation for commencement of action) , if:

(a) The person did not manufacture breast implants containing silicone, silica or silicon as a component at any time; and

(b) The person was not owned by and did not own a business that manufactured breast implants containing silicone, silica or silicon as a component at any time.

(5) A health care facility licensed under ORS chapter 441 is not a manufacturer, distributor, seller or lessor of a breast implant for the purposes of ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) if the implant is provided by the facility to a patient as part of a medical implant procedure. [1993 c.259 §§4,5; 2007 c.71 §10; 2009 c.485 §10; 2011 c.9 §3]

Source: Section 30.908 — Action arising out of injury from breast implants; limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).