ORS § 28.215 — OR Code / Title 3 / Chapter 28 / Section 28.215
28.215 Form of certification order
Status: in_force

The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the Supreme Court by the clerk of the certifying court under its official seal. The Supreme Court may require the original or copies of all or of any portion of the record before the certifying court to be filed with the certification order, if, in the opinion of the Supreme Court, the record or portion thereof may be necessary in answering the questions. [1983 c.103 §4]

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

Source: Section 28.215 — Form of certification order; submission of record , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 28.090 — OR Code / Title 3 / Chapter 28 / Section 28.090
28.090 Trial of issues of fact
Status: in_force

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other actions at law or suits in equity in the court in which the proceeding is pending.

Source: Section 28.090 — Trial of issues of fact , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 35.505 — OR Code / Title 3 / Chapter 35 / Section 35.505
35.505 Relocation within neighborhood
Status: in_force

(1) A public entity undertaking urban renewal or neighborhood development shall make all reasonable efforts to insure that all displaced persons shall have the option to relocate within their urban renewal or development neighborhood or area and shall not be displaced, except temporarily as required by emergency, until appropriate residential units shall become available to them within their neighborhood or area and within their financial means.

(2) Except as required by emergency, no displaced person shall be required to move from any real property without first having written notice from the public entity at least 90 days prior to the date by which the move is required. In no case shall any displaced person be required to move until the public entity notifies the person in writing of all costs and allowances to which such person may become entitled under federal, state or local law. [Formerly 281.055]

Source: Section 35.505 — Relocation within neighborhood; notice prior to move; costs and allowances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 35.346 — OR Code / Title 3 / Chapter 35 / Section 35.346
35.346 Offer to purchase required before filing action for condemnation
Status: in_force

(1) At least 40 days before the filing of any action for condemnation of property or any interest in property, the condemner shall make a written offer to the owner or party having an interest to purchase the property or interest, and to pay just compensation therefor and for any compensable damages to remaining property.

(2) The offer shall be accompanied by any written appraisal upon which the condemner relied in establishing the amount of compensation offered. If the condemner determines that the amount of just compensation due is less than $20,000, the condemner, in lieu of a written appraisal, may provide to the owner or other person having an interest in the property a written explanation of the bases and method by which the condemner arrived at the specific valuation of the property. The amount of just compensation offered shall not be reduced by amendment or otherwise before or during trial except on order of the court entered not less than 60 days prior to trial. An order for reduction of just compensation offered, pleaded by the condemner in the complaint or deposited with the court for the use and benefit of the owner pending outcome of the condemnation action, may be entered only upon motion of the condemner and a finding by clear and convincing evidence that the appraisal upon which the original offer is based was the result of a mistake of material fact that was not known and could not reasonably have been known at the time of the original appraisal or was based on a mistake of law.

(3) Unless otherwise agreed to by the condemner and the owner, prior to appraising the property the condemner shall provide not less than 15 days’ written notice to the owner of the planned appraisal inspection. The property owner and designated representative, if any, shall be invited to accompany the condemner’s appraiser on any inspection of the property for appraisal purposes.

(4) The owner has not less than 40 days from the date the owner receives the written offer required by subsection (1) of this section, accompanied by the appraisal or written explanation required by subsection (2) of this section, to accept or reject the offer. If the owner rejects the condemner’s offer and obtains a separate appraisal, the owner shall provide the condemner with a copy of the owner’s appraisal not less than 60 days prior to trial or arbitration.

(5) Intentionally left blank —Ed.

(a) Failure to provide the opposing party with a copy of the appropriate appraisal as provided in subsections (2) and (4) of this section shall prohibit the use of the appraisal in arbitration or at trial.

(b) In the event the owner and condemner are unable to reach agreement and proceed to trial or arbitration as provided in subsection (6) of this section, each party to the proceeding shall provide to every other party a copy of every appraisal obtained by the party as part of the condemnation action.

(6) Intentionally left blank —Ed.

(a) If an action based on the condemnation is filed, the owner may elect to have compensation determined by binding arbitration if the total amount of compensation claimed by any party does not exceed $20,000. Notice of an election of binding arbitration must be given to the condemner at least 90 days prior to the date on which an arbitration hearing is scheduled under ORS 36.420 (Notice of arbitration hearing) .

(b) Notwithstanding the amount established under ORS 36.400 (Mandatory arbitration programs) , if the owner elects to proceed with binding arbitration, the arbitration shall be conducted according to the mandatory arbitration program established under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) . Notwithstanding ORS 36.425 (Filing of decision and award) , no party may request a trial de novo after the filing of the decision and award of the arbitrator. Within 20 days after the filing of the decision and award of the arbitrator under ORS 36.425 (Filing of decision and award) , any party may file a motion with the court for the vacation, modification or correction of the award. The court may vacate an award only if there is a basis to vacate the award described in ORS 36.705 (Vacating award) (1)(a) to (d). The court may modify or correct an award only for the grounds given in ORS 36.710 (Modification or correction of award) . Except as provided in this subsection, no party may appeal from the decision and award of an arbitrator if the owner elects binding arbitration in lieu of trial.

(c) If the total amount of compensation claimed exceeds $20,000 but is less than $50,000, the owner may elect to have compensation determined by nonbinding arbitration under the applicable provisions of ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) .

(7) If a trial is held or arbitration conducted for the fixing of the amount of compensation to be awarded to the defendant owner or party having an interest in the property being condemned, the court or arbitrator shall award the defendant costs and disbursements including reasonable attorney fees and reasonable expenses as defined in ORS 35.335 (Effect of condemner’s abandonment of action) (2) in the following cases, and no other:

(a) If the amount of just compensation assessed by the verdict in the trial exceeds the highest written offer in settlement submitted by condemner before the filing of the action to those defendants appearing in the action pursuant to subsection (1) of this section; or

(b) If the court finds that the first written offer made by condemner to defendant in settlement before the filing of the action did not constitute a good faith offer of an amount reasonably believed by condemner to be just compensation.

(8) If any appraisal provided to a party under this section relies on a written report, opinion or estimate of a person who is not an appraiser, a copy of the written report, opinion or estimate must be provided with the appraisal. If any appraisal provided under this section relies on an unwritten report, opinion or estimate of a person who is not an appraiser, the party providing the appraisal must also provide the name and address of the person who provided the unwritten report, opinion or estimate.

(9) Costs and disbursements other than reasonable attorney fees and expenses as defined in ORS 35.335 (Effect of condemner’s abandonment of action) (2) shall be awarded to condemner in all cases other than those in which defendant is entitled to costs and disbursements under subsection (7) of this section. [1973 c.617 §2 (enacted in lieu of 35.345); 1997 c.797 §1; 2003 c.476 §1; 2003 c.598 §33; 2005 c.274 §5; 2005 c.433 §1; 2007 c.1 §4; 2009 c.530 §1]

Source: Section 35.346 — Offer to purchase required before filing action for condemnation; appraisal; arbitration; when costs and disbursements allowed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.648 — OR Code / Title 3 / Chapter 30 / Section 30.648
30.648 Small claims actions
Status: in_force

(1) Intentionally left blank —Ed.

(a) An adult in custody who brings an action against a public body in a small claims department must serve the notice and claim and all subsequent filings on the public body. If the public body is the Department of Corrections or another state agency, the adult in custody must also serve the notice and claim and all subsequent filings on the Attorney General.

(b) Notice and claim served under paragraph (a) of this subsection must be served in the manner provided in ORS 46.445 (Notice of claim) except that the statement required under ORS 46.445 (Notice of claim) (4) must read “30 DAYS” instead of “14 DAYS.”

(2) The public body or Attorney General served under subsection (1) of this section must take action as required under ORS 46.455 (Admission or denial of claim) except that the public body or Attorney General must admit or deny the claim within 30 days after the date of service.

(3) Notwithstanding ORS 46.405 (Small claims department) , in an action against a public body brought under this section, the court shall transfer the action to the regular department of the circuit court upon request of the public body or, if the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, upon request of the public body or the Attorney General.

(4) Notwithstanding ORS 46.415 (Circuit judges to sit in department) , in an action against a public body brought under this section, if the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, an attorney or paralegal employed by the Department of Justice may appear and represent the public body.

(5) Intentionally left blank —Ed.

(a) Notwithstanding ORS 46.475 (Additional time for appearances) , in an action against a public body brought under this section, notice of intent to apply for an order of default, in the form prescribed by Uniform Trial Court Rule 2.010 (Number of judges of Supreme Court) , must be filed and served on the public body against which an order of default is sought at least 10 days before a court may enter an order of default. If the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, notice must also be served on the Attorney General.

(b) The court may not enter a default judgment in favor of the adult in custody unless the adult in custody submits to the court proof of service by affidavit of the notice and claim required under subsection (1) of this section and the notice of intent to apply for an order of default required under paragraph (a) of this subsection. [2011 c.262 §2; 2019 c.213 §9]

Source: Section 30.648 — Small claims actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.264 — OR Code / Title 3 / Chapter 31 / Section 31.264
31.264 Discussion of adverse health care incident
Status: in_force

(1) A 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) and the patient involved in the incident may engage in a discussion regarding the incident within the time established by the Oregon Patient Safety Commission by rule.

(2) The health care facility or health care provider who files or is named in the notice shall notify the patient and all health care facilities and health care providers involved in the adverse health care incident of the date, time and location of the discussion and shall reasonably accommodate all persons that wish to attend.

(3) The patient and the health care facility or health care provider who files or is named in the notice may include other persons in the discussion.

(4) Within the time established by the commission by rule, the health care facility or health care provider who files or is named in the notice may:

(a) Communicate to the patient the steps the health care facility or health care provider will take to prevent future occurrences of the adverse health care incident; and

(b) Intentionally left blank —Ed.

(A) Determine that no offer of compensation for the adverse health care incident is warranted and communicate that determination to the patient orally or in writing; or

(B) Determine that an offer of compensation for the adverse health care incident is warranted and extend that offer in writing to the patient.

(5) If a health care facility or health care provider makes an offer of compensation under subsection (4) of this section, the facility or provider shall advise the patient of the patient’s right to seek legal advice before accepting the offer.

(6) Except for offers of compensation extended under subsection (4) of this section, discussions between the health care facility or health care provider and the patient about the amount of compensation offered under subsection (4) of this section must remain oral.

(7) The health care facility or health care provider and the patient may agree to extend the time limit established by rule of the commission under this section, but a time limit may not be extended to more than 180 days after the notice of adverse health care incident is filed under ORS 31.262 (Notice of adverse health care incident) unless the health care facility or health care provider and the patient also agree to extend the statute of limitations applicable to a negligence claim.

(8) If the patient accepts an offer of compensation made under subsection (4) of this section, the health care facility or health care provider who made the offer shall notify the commission.

(9) The commission shall request a report indicating the status of the matter from the person that filed the notice of adverse health care incident under ORS 31.262 (Notice of adverse health care incident) within 180 days after the date the notice was filed. If the matter is not resolved 180 days after the notice was filed, the commission may request additional reports from the person that filed the notice as necessary. [2013 c.5 §3]

Source: Section 31.264 — Discussion of adverse health care incident; offers of compensation; reporting to commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.630 — OR Code / Title 3 / Chapter 36 / Section 36.630
36.630 Provisional remedies
Status: in_force

(1) Before an arbitrator is appointed and is authorized and able to act, the court, upon petition of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

(2) After an arbitrator is appointed and is authorized and able to act:

(a) The arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and

(b) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.

(3) A party does not waive a right of arbitration by making a petition under subsection (1) or (2) of this section. [2003 c.598 §8]

Note: See note under 36.600 (Definitions) .

Source: Section 36.630 — Provisional remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.080 — OR Code / Title 3 / Chapter 34 / Section 34.080
34.080 Issuance and service of writ
Status: in_force

Upon the filing of the order allowing the writ, and the petition and undertaking of the plaintiff, the clerk shall issue the writ, as ordered. The writ shall be served by delivering the original, according to the direction thereof, and may be served by any person authorized to serve a summons. A certified copy of the writ shall be served by delivery to the opposite party in the suit or proceeding sought to be reviewed, at least 10 days before the return of the original writ.

Source: Section 34.080 — Issuance and service of writ , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.230 — OR Code / Title 3 / Chapter 30 / Section 30.230
30.230 Leave to begin action
Status: in_force

Before an action can be commenced by a plaintiff other than the state, or the public corporation named in the undertaking or security, leave shall be obtained of the court or judge thereof where the action is triable. Such leave shall be granted upon the production of a certified copy of the undertaking or security, and an affidavit of the plaintiff or some person on behalf of the plaintiff showing the delinquency; but if the matters set forth in the affidavit are such that, if true, the party applying would clearly not be entitled to recover in the action, the leave shall not be granted. If it does not appear from the complaint that leave has been granted, the defendant on motion shall be entitled to judgment of dismissal without prejudice; if it does, the defendant may controvert the allegation, and if the issue be found in favor of the defendant, judgment shall be given accordingly. [Amended by 1979 c.284 §63]

Source: Section 30.230 — Leave to begin action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.020 — OR Code / Title 3 / Chapter 34 / Section 34.020
34.020 Who may obtain review
Status: in_force

Except for a proceeding resulting in a land use decision or limited land use decision as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and 197A) , for which review is provided in ORS 197.830 (Review procedures) to 197.845 (Stay of decision being reviewed) , or an expedited land division as described in ORS 197.360 (“Expedited land division” defined) , for which review is provided in ORS 197.375 (Appeal of local government to referee) (8), any party to any process or proceeding before or by any inferior court, officer, or tribunal may have the decision or determination thereof reviewed for errors, as provided in ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review) , and not otherwise. Upon a review, the court may review any intermediate order involving the merits and necessarily affecting the decision or determination sought to be reviewed. [Amended by 1979 c.772 §8; 1981 c.748 §38; 1983 c.827 §42; 1991 c.817 §18; 1995 c.595 §21]

Source: Section 34.020 — Who may obtain review; intermediate orders reviewable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.100 — OR Code / Title 3 / Chapter 30 / Section 30.100
30.100 Substitution of personal representative as party defendant
Status: in_force

In the event of the death of a wrongdoer, as designated in ORS 30.080 (Effect of death of wrongdoer) , while an action is pending, the court, upon motion of the plaintiff, shall cause to be substituted as defendant the personal representative of the wrongdoer, and the action shall continue against such personal representative.

Source: Section 30.100 — Substitution of personal representative as party defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.063 — OR Code / Title 3 / Chapter 30 / Section 30.063
30.063 Forfeiture of damages distributable to parent or stepparent for desertion or neglect
Status: in_force

(1) Notwithstanding ORS 30.020 (Action for wrongful death) , any damages distributable under ORS 30.030 (Distribution of damages) to 30.060 (Appeal from order of distribution or apportionment) to a parent or stepparent shall pass and be vested as if the parent or stepparent had predeceased the decedent if:

(a) The person who would be benefited by the forfeiture is a child or sibling of the decedent, the decedent was an adult when the decedent died and:

(A) The parent or stepparent of the decedent willfully deserted the decedent for the one-year period immediately preceding the date on which the decedent became an adult; or

(B) The parent or stepparent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the one-year period immediately preceding the date on which the decedent became an adult.

(b) The person who would be benefited by the forfeiture is not a child or sibling of the decedent, the decedent was an adult when the decedent died and:

(A) The parent or stepparent of the decedent willfully deserted the decedent for the three-year period immediately preceding the date on which the decedent became an adult; or

(B) The parent or stepparent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the three-year period immediately preceding the date on which the decedent became an adult.

(c) The person who would be benefited by the forfeiture is a child or sibling of the decedent, the decedent was a minor when the decedent died and:

(A) The parent or stepparent of the decedent willfully deserted the decedent for the life of the decedent or for the one-year period immediately preceding the date on which the decedent died; or

(B) The parent or stepparent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the one-year period immediately preceding the date on which the decedent died.

(d) The person who would be benefited by the forfeiture is not a child or sibling of the decedent, the decedent was a minor when the decedent died and:

(A) The parent or stepparent of the decedent willfully deserted the decedent for the life of the decedent or for the three-year period immediately preceding the date on which the decedent died; or

(B) The parent or stepparent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the three-year period immediately preceding the date on which the decedent died.

(e) The parental rights of the parent with respect to the decedent were terminated and the parent-child relationship between the parent and the decedent was not judicially reestablished.

(2) For the purposes of subsection (1) of this section, the court may disregard incidental visitations, communications and contributions in determining whether a parent or stepparent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent.

(3) For the purposes of subsection (1) of this section, in determining whether the parent or stepparent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, the court may consider whether a custodial parent or other custodian attempted, without good cause, to prevent or to impede contact between the decedent and the parent or stepparent whose damages would be forfeited under this section.

(4) The forfeiture provisions of subsection (1) of this section apply to a stepparent only if the stepparent had an obligation to provide support for the decedent under ORS 108.045 (Liability of stepparent for expenses of family and education of children) .

(5) The distribution of damages to a parent or stepparent of a decedent may be forfeited under this section only pursuant to an order of the court entered after the filing of a petition under ORS 30.065 (Petition for forfeiture) . A petition filed under ORS 113.035 (Petition for appointment of personal representative and probate of will) may not request the forfeiture of damages distributable to a parent or stepparent of a decedent under this section. [2019 c.461 §2]

Source: Section 30.063 — Forfeiture of damages distributable to parent or stepparent for desertion or neglect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.030 — OR Code / Title 3 / Chapter 37 / Section 37.030
37.030 Definitions
Status: in_force

As used in the Oregon Receivership Code:

(1) “Affiliate” means:

(a) With respect to an individual:

(A) A companion of the individual;

(B) A lineal ancestor or descendant, whether by blood or adoption, of the individual or a companion of the individual;

(C) A companion of an ancestor or descendant described in subparagraph (B) of this paragraph;

(D) A sibling, aunt, uncle, great-aunt, great-uncle, first cousin, niece, nephew, grandniece or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them; or

(E) Any other individual occupying the residence of the individual; and

(b) With respect to any person:

(A) Another person that directly or indirectly controls, is controlled by or is under common control with the person;

(B) An officer, director, manager, member, partner, employee or trustee or other fiduciary of the person; or

(C) A companion of, or an individual occupying the residence of, an individual described in subparagraph (A) or (B) of this paragraph.

(2) “Companion” means spouse or domestic partner.

(3) “Domestic relations suit” has the meaning given that term in ORS 107.510 (Definitions for ORS 107.510 to 107.610) .

(4) “Entity” means a person other than a natural person.

(5) “Estate” means the entirety of the property over which a receiver is appointed.

(6) “Executory contract” means:

(a) A contract, including an unexpired lease, under which the obligations of both parties are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other; or

(b) A contract, including an unexpired lease, under which a party has an unexercised option to require its counterparty to perform.

(7) “Foreign action” means an action in a federal or state court outside of this state.

(8) “Insolvency” means a financial condition of a person such that:

(a) The sum of the person’s debts and other obligations is greater than a fair valuation of all of the person’s property, excluding:

(A) Property transferred, concealed or removed with intent to hinder, delay or defraud any creditors of the person; and

(B) Any property exempt from execution under any law of this state; or

(b) The person is generally not paying debts as they become due.

(9) “Interested person” means any person having a claim against the owner or a claim or interest in any estate property.

(10) “Lien” means a charge against or interest in property to secure payment of a debt or the performance of an obligation.

(11) “Owner” means the person over whose property a receiver is appointed.

(12) “Party” means:

(a) When used in relation to an action, a person named in the caption of the action; or

(b) When used in relation to a contract, a signatory to the contract.

(13) “Person” means an individual, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, cooperative, business trust, governmental entity or other entity, of any kind or nature.

(14) “Property” includes all right, title and interests, both legal and equitable, in or with respect to any property with respect to which a receiver is appointed, including any proceeds, products, offspring, rents or profits, regardless of the manner by which the property has been or is acquired.

(15) “Receiver” means a person appointed by the court as the court’s agent, and subject to the court’s direction, to take possession of, manage or dispose of property.

(16) “Receivership” means an action in which a receiver is appointed.

(17) “Residential property” means real property:

(a) Upon which are situated four or fewer residential units, one of which is occupied as a principal residence by the owner, the owner’s spouse or a dependent of the owner; and

(b) Where residential use is the primary activity occurring on the real property.

(18) “Security interest” means a lien created by agreement.

(19) “Special notice list” means a special notice list maintained by a receiver as required under ORS 37.160 (Mailing and special notice lists to be maintained by receiver) .

(20) “State agency” has the meaning given that term in ORS 36.110 (Definitions for ORS 36.100 to 36.238) .

(21) “Utility” means a person providing any service regulated by the Public Utility Commission. [2017 c.358 §3]

Source: Section 37.030 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 37.310 — OR Code / Title 3 / Chapter 37 / Section 37.310
37.310 Employment and compensation of professionals
Status: in_force

(1) After giving notice, a receiver may employ attorneys, accountants, appraisers, brokers, real estate licensees, auctioneers or other professionals to represent or assist the receiver in carrying out the receiver’s duties.

(2) The notice given by the receiver before employing a professional must disclose:

(a) The identity and qualifications of the professional;

(b) The scope and nature of the proposed engagement;

(c) Any potential conflict of interest; and

(d) The proposed compensation.

(3) If an objection is filed after the receiver provides notice of the professional’s employment, the professional may continue to perform the professional’s duties while the objection is pending.

(4) Intentionally left blank —Ed.

(a) A receiver may not employ a professional who holds or represents an interest adverse to the estate, except by order of the court.

(b) A professional is not disqualified for employment under this subsection solely because of the professional’s employment by, representation of or other relationship with a creditor or other interested person, if the relationship is disclosed in the notice of the professional’s employment.

(5) Nothing in this section precludes the receiver from acting as attorney or accountant if doing so is in the best interests of the estate.

(6) After giving notice, the receiver may make payments to professionals for services rendered to the receiver. The notice must include an itemized billing statement indicating the time spent, billing rates of all persons who performed work to be compensated and a detailed list of expenses. [2017 c.358 §31]

Source: Section 37.310 — Employment and compensation of professionals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 31.620 — OR Code / Title 3 / Chapter 31 / Section 31.620
31.620 Doctrines of last clear chance and implied assumption of risk abolished
Status: in_force

(1) The doctrine of last clear chance is abolished.

(2) The doctrine of implied assumption of the risk is abolished. [Formerly 18.475]

Source: Section 31.620 — Doctrines of last clear chance and implied assumption of risk abolished , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 35.510 — OR Code / Title 3 / Chapter 35 / Section 35.510
35.510 Duties of public entities acquiring real property
Status: in_force

Whenever any program or project is undertaken by a public entity which program or project will result in the acquisition of real property, notwithstanding any other statute, charter, ordinance, or rule or regulation, the public entity shall:

(1) Provide fair and reasonable relocation payments and assistance to or for displaced persons as provided under sections 202, 203, 204 and 206 of the Federal Act;

(2) Provide relocation assistance programs offering to displaced persons and others occupying property immediately adjacent to the real property acquired the services described in section 205 of the Federal Act on the conditions prescribed therein;

(3) In acquiring the real property, be guided by the land acquisition policies in sections 301 and 302 of the Federal Act;

(4) Pay or reimburse property owners for necessary expenses as specified in sections 303 and 304 of the Federal Act;

(5) Share costs of providing payments and assistance with the federal government in the manner and to the extent required by sections 211 (a) and (b) of the Federal Act; and

(6) Appoint such officers, enter into such contracts, utilize federal funds for planning and providing comparable replacement housing and take such other actions as may be necessary to comply with the conditions and requirements of the Federal Act. [Formerly 281.060]

Source: Section 35.510 — Duties of public entities acquiring real property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.178 — OR Code / Title 3 / Chapter 30 / Section 30.178
30.178 Liability of employer for disclosing information about employee to new employer
Status: in_force

(1) An employer who discloses information about a former employee’s job performance to a prospective employer of the former employee upon request of the prospective employer or of the former employee is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith is rebutted upon a showing that the information disclosed by the employer was knowingly false or deliberately misleading, was rendered with malicious purpose or violated any civil right of the former employee protected under ORS chapter 659 or 659A.

(2) A civil action for defamation may not be maintained against an employer by an employee who is terminated by the employer based on a claim that in seeking subsequent employment the former employee will be forced to reveal the reasons given by the employer for the termination. [1995 c.330 §1; 1997 c.754 §1; 2001 c.621 §68]

Source: Section 30.178 — Liability of employer for disclosing information about employee to new employer; no action based on compelled self-publication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.238 — OR Code / Title 3 / Chapter 36 / Section 36.238
36.238 Application of ORS 36.210 and 36.220 to 36.238
Status: in_force

The provisions of ORS 36.210 (Liability of mediators and programs) and 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) apply to:

(1) All mediations, whether conducted by a publicly funded program or by a private mediation provider; and

(2) Facilitated dispute resolution services conducted by the Public Records Advocate under ORS 192.464 (Facilitated dispute resolution services of Public Records Advocate) . Solely for purposes of ORS 36.210 (Liability of mediators and programs) and 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) , a facilitated dispute resolution shall be deemed a mediation. [1997 c.670 §8; 2017 c.728 §7]

Source: Section 36.238 — Application of ORS 36.210 and 36.220 to 36.238 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.200 — OR Code / Title 3 / Chapter 36 / Section 36.200
36.200 Mediation panels
Status: in_force

(1) A circuit court providing mediation referral under ORS 36.185 (Referral of civil dispute to mediation) to 36.210 (Liability of mediators and programs) shall establish mediation panels. The mediators on such panels shall have such qualifications as established by rules adopted under ORS 1.002 (Supreme Court) . Formal education in any particular field shall not be a prerequisite to serving as a mediator.

(2) Unless instructed otherwise by the court, upon referral by the court to mediation, the clerk of the court shall select at least three individuals from the court’s panel of mediators and shall send their names to legal counsel for the parties, or to a party directly if not represented, with a request that each party state preferences within five judicial days. If timely objection is made to all of the individuals named, the court shall select some other individual from the mediator panel. Otherwise, the clerk, under the direction of the court, shall select as mediator one of the three individuals about whom no timely objection was made.

(3) Upon the court’s or the parties’ own selection of a mediator, the clerk shall:

(a) Notify the designated person of the assignment as mediator.

(b) Provide the mediator with the names and addresses of the parties and their representatives and with copies of the order of assignment.

(4) The parties to a dispute that is referred by the court to mediation may choose, at their option and expense, mediation services other than those suggested by the court, and entering into such private mediation services shall be subject to the same provisions of ORS 36.185 (Referral of civil dispute to mediation) to 36.210 (Liability of mediators and programs) .

(5) Disputing parties in mediation shall be free, at their own expense, to retain jointly or individually, experts, attorneys, fact finders, arbitrators and other persons to assist the mediation, and all such dispute resolution efforts shall be subject to the protection of ORS 36.185 (Referral of civil dispute to mediation) to 36.210 (Liability of mediators and programs) . [1989 c.718 §22; 1993 c.327 §2; 2003 c.791 §21]

Source: Section 36.200 — Mediation panels; qualification; procedure for selecting mediator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 31.272 — OR Code / Title 3 / Chapter 31 / Section 31.272
31.272 Statute of limitations
Status: in_force

(1) The provisions of ORS 31.264 (Discussion of adverse health care incident) and 31.268 (Mediation) relating to discussion and mediation do not prevent a patient from bringing a civil action for negligence unless the patient signed a release of the claim.

(2) The statute of limitations applicable to a negligence claim is tolled for 180 days, or another period agreed upon by the patient and the health care facility or health care provider who files or is named in the notice of adverse health care incident filed under ORS 31.262 (Notice of adverse health care incident) , from the date the notice is filed.

(3) If a civil action based on an adverse health care incident is commenced, the court shall inform the parties of the opportunity to participate in the notice, discussion and mediation process under ORS 31.262 (Notice of adverse health care incident) , 31.264 (Discussion of adverse health care incident) and 31.268 (Mediation) .

(4) Except as provided in ORS 31.266 (Discussion communications) , evidence that a party participated or did not participate in the notice, discussion and mediation process under ORS 31.262 (Notice of adverse health care incident) , 31.264 (Discussion of adverse health care incident) and 31.268 (Mediation) is inadmissible in any adjudicatory proceeding.

(5) Evidence of an offer of compensation, and the amount, payment or acceptance of any compensation, under ORS 31.264 (Discussion of adverse health care incident) or 31.268 (Mediation) is inadmissible in any adjudicatory proceeding. However, any judgment in favor of the patient must be reduced by the amount of any compensation paid under ORS 31.264 (Discussion of adverse health care incident) and 31.268 (Mediation) . [2013 c.5 §7]

Source: Section 31.272 — Statute of limitations; evidence of offers and payments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 33.145 — OR Code / Title 3 / Chapter 33 / Section 33.145
33.145 Rules
Status: in_force

The Supreme Court may adopt rules to carry out the purposes of ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability) . [1991 c.724 §13]

Source: Section 33.145 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 33.510 — OR Code / Title 3 / Chapter 33 / Section 33.510
33.510 Discharge of surety or letter of credit issuer on application of surety or issuer
Status: in_force

The surety or the representatives of any surety upon the bond of any trustee, committee, guardian, assignee, receiver, executor, administrator or other fiduciary, and any irrevocable letter of credit issuer for any trustee, committee, guardian, assignee, receiver, executor, administrator or other fiduciary is entitled as a matter of right to be discharged from liability as provided in this section, and to that end may, on notice to the principal named in the bond or irrevocable letter of credit, apply to the court that accepted the bond or irrevocable letter of credit or to the court of which the judge who accepted the bond or irrevocable letter of credit was a member or to any judge thereof, praying to be relieved from liability for the act or omission of the principal occurring after the date of the order relieving such person, and that the principal be required to account and give new sureties or cause to be issued new letters of credit. Notice of the application shall be served on the principal personally not less than five days prior to the date on which the application is to be made, unless it satisfactorily appears to the court or judge that personal service cannot be had with due diligence within the state, in which case notice may be given by personal service without the state or in such manner as the court or judge directs. Pending the hearing of the application the court or judge may restrain the principal from acting except to preserve the trust estate until further order. If upon the return of the application the principal fails to file a new bond or irrevocable letter of credit to the satisfaction of the court or judge, the court or judge must make an order requiring the principal to file a new bond or irrevocable letter of credit within a period not exceeding five days. If the new bond or irrevocable letter of credit is filed upon the return of the application, or within the time fixed by the order, the court or judge must make a judgment or order requiring the principal to account for all acts and proceedings to and including the date of the judgment or order, and to file such account within a time fixed, not exceeding 20 days, and discharge the surety or letter of credit issuer making application from liability for any act or default of the principal subsequent to the date of the judgment or order. If the principal fails to file a new bond or irrevocable letter of credit within the time specified, a judgment or order must be made revoking the appointment of the principal or removing and requiring the principal to file an account within not more than 20 days. If the principal fails to file the account, the surety or letter of credit issuer may make and file an account with like force and effect as though filed by the principal, and upon settlement thereof and upon the trust fund or estate being found or made good and paid over or properly secured, credit shall be given for all commissions, costs, disbursements and allowances to which the principal would be entitled were the principal accounting, and allowance shall be made to the surety or letter of credit issuer for the expense incurred in filing the account and procuring the settlement thereof. After the filing of the account, either by the principal or the surety or the letter of credit issuer, the court or judge must, upon the petition of the principal or surety or the letter of credit issuer, issue an order requiring all persons interested in the estate or trust to attend a settlement of the account at a time and place therein specified, and upon the trust fund or estate being found or made good and paid over or properly secured, the surety or the letter of credit issuer shall be discharged from all liability. Upon demand in writing by the principal, the surety or the letter of credit issuer shall return any compensation that has been paid for the unexpired period of the bond or the letter of credit. [Amended by 1991 c.331 §11; 2003 c.576 §310]

Source: Section 33.510 — Discharge of surety or letter of credit issuer on application of surety or issuer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 34.460 — OR Code / Title 3 / Chapter 34 / Section 34.460
34.460 Manner of service
Status: in_force

The writ of habeas corpus may be served by delivery of the original to the officer or person to whom it is directed, or if the officer or person cannot be found, by leaving it at the jail or other place in which the party is imprisoned or restrained, with any under officer or other person having charge for the time of such party.

Source: Section 34.460 — Manner of service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.145 — OR Code / Title 3 / Chapter 36 / Section 36.145
36.145 Dispute Resolution Account
Status: in_force

The Dispute Resolution Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received under ORS 36.150 (Additional funding) shall be deposited to the credit of the account. Notwithstanding the provisions of ORS 291.238 (Expenditures without allotment prohibited) , all moneys in the account are continuously appropriated to the University of Oregon or Portland State University for the purposes for which the moneys were made available and shall be expended in accordance with the terms and conditions upon which the moneys were made available. [1989 c.718 §10; 1997 c.801 §44; 2003 c.791 §§13,13a; 2005 c.817 §4a; 2009 c.762 §42; 2013 c.768 §103]

Source: Section 36.145 — Dispute Resolution Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.710 — OR Code / Title 3 / Chapter 36 / Section 36.710
36.710 Modification or correction of award
Status: in_force

(1) Upon petition filed within 20 days after the petitioner is served with a petition for confirmation of an award under ORS 36.700 (Confirmation of award) , the court shall modify or correct the award if:

(a) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award;

(b) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or

(c) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

(2) If a petition made under subsection (1) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a petition to vacate is pending, the court shall confirm the award.

(3) A petition to modify or correct an award pursuant to this section may be joined with a petition to vacate the award.

(4) A party filing a petition under this section must serve a copy of the petition on all other parties to the proceedings. [2003 c.598 §24]

Note: See note under 36.600 (Definitions) .

Source: Section 36.710 — Modification or correction of award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.130 — OR Code / Title 3 / Chapter 34 / Section 34.130
34.130 Petition for writ
Status: in_force

(1) The relator shall file a petition for a writ of mandamus with the clerk of the court or court administrator.

(2) The relator shall serve a copy of the petition on the defendant and, if the mandamus proceeding arises from a judicial or administrative proceeding, on all parties to such proceeding. Service of the petition on the defendant and adverse parties is sufficient if it complies with ORCP 9 B. The court in its discretion may act on a petition regardless of defects in the service of the petition on any adverse party, and the petition may be allowed with or without notice to the adverse party, as in a writ of review proceeding.

(3) Except as to a petition filed in the Supreme Court, the writ shall be allowed by the court or judge thereof on the petition. On the filing of the order of allowance, the clerk or court administrator forthwith shall issue the writ in accordance with the petition. The clerk or court administrator may require the relator to provide a form of writ in accordance with the petition.

(4) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, at any time in the course of a mandamus action until the return date of the alternative writ, any adverse party may intervene in the mandamus proceeding as matter of right. At any time subsequent to the return date of the alternative writ, the court in its discretion may allow an adverse party to intervene. With the consent of the defendant and, if the defendant is a judge of the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court, subject to ORS 1.550 (Private counsel for judges) and 1.560 (Procedure for employment of private counsel) , the attorney for an adverse party may appear on behalf of the defendant.

(b) For a petition filed pursuant to ORS 215.429 (Mandamus proceeding when county fails to take final action on land use application within specified time) or 227.179 (Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days) , a motion to intervene must be filed with the court within 21 days of the date the petition was filed under subsection (1) of this section.

(5) The filing or allowance of a petition for a writ of mandamus does not stay any judicial or administrative proceeding from which the mandamus proceeding may arise, but the court in its discretion may stay such proceeding. [Amended by 1971 c.193 §27; 1989 c.702 §3; 1999 c.533 §2]

Source: Section 34.130 — Petition for writ; service; order of allowance; intervention , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 34.470 — OR Code / Title 3 / Chapter 34 / Section 34.470
34.470 Service when officer or other person hides or refuses admittance
Status: in_force

If the officer or person on whom the writ ought to be served hides from the person attempting to make service, or refuses admittance to the person attempting to make service, it may be served by affixing it in some conspicuous place on the outside, either of the dwelling house of the officer or person or the jail or other place where the party is confined. [Amended by 1987 c.158 §5]

Source: Section 34.470 — Service when officer or other person hides or refuses admittance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.272 — OR Code / Title 3 / Chapter 30 / Section 30.272
30.272 Limitations on liability of local public bodies for personal injury and death
Status: in_force

(1) The limitations imposed by this section apply to claims that:

(a) Are subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) ;

(b) Are made against a local public body, or against an officer, employee or agent of a local public body acting within the person’s scope of employment or duties;

(c) Arise out of a single accident or occurrence; and

(d) Are not claims for damage to or destruction of property.

(2) The liability of a local public body, and the liability of the public body’s officers, employees and agents acting within the scope of their employment or duties, to any single claimant for claims described in subsection (1) of this section may not exceed:

(a) $500,000, for causes of action arising on or after July 1, 2009, and before July 1, 2010.

(b) $533,300, for causes of action arising on or after July 1, 2010, and before July 1, 2011.

(c) $566,700, for causes of action arising on or after July 1, 2011, and before July 1, 2012.

(d) $600,000, for causes of action arising on or after July 1, 2012, and before July 1, 2013.

(e) $633,300, for causes of action arising on or after July 1, 2013, and before July 1, 2014.

(f) $666,700, for causes of action arising on or after July 1, 2014, and before July 1, 2015.

(g) The adjusted limitation provided by subsection (4) of this section, for causes of action arising on or after July 1, 2015.

(3) The liability of a local public body, and the liability of the public body’s officers, employees and agents acting within the scope of their employment or duties, to all claimants for claims described in subsection (1) of this section may not exceed:

(a) $1 million, for causes of action arising on or after July 1, 2009, and before July 1, 2010.

(b) $1,066,700, for causes of action arising on or after July 1, 2010, and before July 1, 2011.

(c) $1,133,300, for causes of action arising on or after July 1, 2011, and before July 1, 2012.

(d) $1,200,000, for causes of action arising on or after July 1, 2012, and before July 1, 2013.

(e) $1,266,700, for causes of action arising on or after July 1, 2013, and before July 1, 2014.

(f) $1,333,300, for causes of action arising on or after July 1, 2014, and before July 1, 2015.

(g) The adjusted limitation provided by subsection (4) of this section, for causes of action arising on or after July 1, 2015.

(4) Beginning in 2015, and every year thereafter, the State Court Administrator shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. On or before July 1 of the year in which the State Court Administrator makes the determination required by this subsection, the State Court Administrator shall adjust the limitations imposed under subsections (2) and (3) of this section for the following calendar year by multiplying the limitation amounts applicable to the calendar year in which the adjustment is made by the percentage amount determined under this subsection. The adjustment may not exceed three percent for any year. The State Court Administrator shall round the adjusted limitation amount to the nearest $100, but the unrounded amount shall be used to calculate the adjustments to the limitations in subsequent calendar years. The adjusted limitation becomes effective on July 1 of the year in which the adjustment is made, and applies to all causes of action arising on or after July 1 of that year and before July 1 of the subsequent year.

(5) The limitations imposed by this section do not apply to claims against Oregon Health and Science University. [2009 c.67 §4; 2019 c.12 §2]

Note: See note under 30.269 (Limitations on awards under Oregon Tort Claims Act generally) .

Source: Section 30.272 — Limitations on liability of local public bodies for personal injury and death , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.650 — OR Code / Title 3 / Chapter 30 / Section 30.650
30.650 Award of noneconomic damages
Status: in_force

Noneconomic damages, as defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict) , may not be awarded to an adult in custody in an action against a public body unless the adult in custody has established that the adult in custody suffered economic damages, as defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict) . [1999 c.657 §6; 2019 c.213 §10; 2021 c.478 §5]

Source: Section 30.650 — Award of noneconomic damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.643 — OR Code / Title 3 / Chapter 30 / Section 30.643
30.643 Waiver or deferral of fees and costs
Status: in_force

(1) If an adult in custody seeks to file an action against a public body, the fees and court costs of the adult in custody may be waived or deferred only in the manner provided by this section.

(2) Any adult in custody seeking waiver or deferral of fees or court costs must submit with the application for waiver or deferral a true and correct copy of the trust account statement of the adult in custody for the six-month period immediately preceding the filing of the complaint, petition, notice of appeal or petition for review. The true and correct copy of the trust account statement must be supported by a declaration sworn under penalty of perjury.

(3) Upon the filing of a statement under subsection (2) of this section, the court shall review the information in the statement relating to deposits in the trust account of the adult in custody and any other resources available to the adult in custody. The court may only waive the fees and court costs of the adult in custody if the court determines that the adult in custody has no funds and will not have funds.

(4) If the court makes a determination that an adult in custody has or will have funds to pay fees and court costs, the court shall require full payment of the filing fees and court costs, or, if funds are not immediately available in the trust account, shall assess and collect filing fees and court costs as funds become available in the trust account.

(5) On its own motion or on the motion of the public body, the court may review the pleadings of the adult in custody in an action against a public body at the time a request for waiver or deferral of filing fees or court costs is made. If the court finds that the pleadings fail to state a claim for which relief may be granted, the court may decline to waive or defer filing fees or court costs. The court shall enter a denial of waiver or deferral of fees and costs under this subsection as a limited judgment. Notwithstanding the time established by statute for the commencement of an action, if a limited judgment is entered under this subsection within 30 days of the expiration of the time allowed for commencing the action, the adult in custody may commence the action not later than 45 days after the judgment is entered. Only one extension of the time allowed for commencing an action may be granted by the court under this section.

(6) Nothing in this section shall be construed as preventing an adult in custody from bringing an action against a public body because the adult in custody has no assets or means by which to pay the initial partial filing fee as provided under this section. [1999 c.657 §2; 2005 c.530 §1; 2007 c.493 §11; 2019 c.213 §5; 2022 c.68 §3]

Source: Section 30.643 — Waiver or deferral of fees and costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.524 — OR Code / Title 3 / Chapter 36 / Section 36.524
36.524 Grounds for refusal to enforce award
Status: in_force

(1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only:

(a) At the request of the party against whom it is invoked, if that party pays the clerk of the circuit court the filing fee established under ORS 21.135 (Standard filing fee) and furnishes to the court where recognition or enforcement is sought proof that:

(A) A party to the arbitration agreement referred to in ORS 36.466 (Arbitration agreements to be in writing) was under some incapacity or that the agreement is not valid under the law to which the parties have subjected it or under the law of the country where the award was made;

(B) The party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present the party’s case;

(C) The arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or the award contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced;

(D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or

(E) The award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made; or

(b) If the court finds that:

(A) The subject matter of the dispute is not capable of settlement by arbitration under the laws of the State of Oregon or of the United States; or

(B) The recognition or enforcement of the arbitral award would be contrary to the public policy of the State of Oregon or of the United States.

(2) If an application for setting aside or suspension of an award has been made to the court referred to in subsection (1)(a)(E) of this section, and if it considers it proper, the court where recognition or enforcement is sought may adjourn its decision on application of the party claiming recognition or enforcement of the award. The court may also order the other party to provide appropriate security. [1991 c.405 §39; 2011 c.595 §43]

Source: Section 36.524 — Grounds for refusal to enforce award; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.640 — OR Code / Title 3 / Chapter 30 / Section 30.640
30.640 Enforcement of judgment
Status: in_force

A judgment given in any action 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) , in respect to costs and disbursements, may be enforced by execution as a judgment which requires the payment of money. [Amended by 1981 c.898 §36]

Source: Section 30.640 — Enforcement of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 33.410 — OR Code / Title 3 / Chapter 33 / Section 33.410
33.410 Jurisdiction
Status: in_force

Application for change of name of a person may be heard and determined by the probate court or, if the circuit court is not the probate court, the circuit court if its jurisdiction has been extended to include this section pursuant to ORS 3.275 (Procedure for transfer of jurisdiction over certain family-related matters) of the county in which the person resides. The change of name shall be granted by the court unless the court finds that the change is not consistent with the public interest. [Amended by 1967 c.534 §11; 1975 c.733 §1]

Source: Section 33.410 — Jurisdiction; grounds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 37.360 — OR Code / Title 3 / Chapter 37 / Section 37.360
37.360 Objection to and allowance of claims
Status: in_force

(1) Intentionally left blank —Ed.

(a) At any time before the entry of an order approving the receiver’s final report, a receiver may, upon court order and after at least 21 days’ notice, disallow a claim. The notice must set forth the grounds for the disallowance.

(b) At any time before the entry of an order approving the receiver’s final report, any interested person may object to a claim. The objector must mail a copy of the objection, together with a notice of hearing, to the receiver and claimant at least 21 days before the hearing. The court shall hear the objection and enter an order allowing or disallowing the claim.

(2) Upon request of a creditor, the receiver or a person objecting to a creditor’s claim, or upon order of the court, an objection is subject to mediation before adjudication of the objection, under the rules or orders adopted or issued with respect to mediations. However, claims by the state are not subject to mediation unless the state consents to mediation.

(3) Upon motion of the receiver or an interested person, the following claims may be estimated for purpose of allowance under this section under the rules or orders applicable to the estimation of claims under this subsection:

(a) Any contingent or unliquidated claim, the fixing or liquidation of which, as the case may be, would unduly delay the administration of the receivership; or

(b) Any right to payment arising from a right to an equitable remedy for breach of performance.

(4) Claims estimated under subsection (3) of this section are allowed in the estimated amount thereof. [2017 c.358 §36]

Source: Section 37.360 — Objection to and allowance of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.695 — OR Code / Title 3 / Chapter 30 / Section 30.695
30.695 Effect of written release on liability of veterinarian or farrier
Status: in_force

(1) No veterinarian or farrier shall be liable to any person who assists the veterinarian or farrier in rendering veterinarian or farrier services to an equine if the person, prior to assisting the veterinarian or farrier, executes a release stating that the person rendering assistance waives the right to bring an action against the veterinarian or farrier for any injury or death arising out of assisting in the provision of veterinarian or farrier services. A release so executed shall be enforceable regardless of lack of consideration.

(2) A release executed pursuant to this section shall not limit the liability of a veterinarian or farrier for gross negligence or intentional misconduct. [1991 c.864 §5]

Source: Section 30.695 — Effect of written release on liability of veterinarian or farrier , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.225 — OR Code / Title 3 / Chapter 31 / Section 31.225
31.225 Publisher’s defenses and privileges not affected
Status: in_force

Nothing in ORS 31.205 (Damages recoverable for defamation by radio, television, motion pictures, newspaper or printed periodical) to 31.220 (Effect of publication of correction or retraction prior to demand) shall be deemed to affect any defense or privilege which the publisher may possess by virtue of existing law. [Formerly 30.175]

Source: Section 31.225 — Publisher’s defenses and privileges not affected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 30.273 — OR Code / Title 3 / Chapter 30 / Section 30.273
30.273 Limitations on liability of public bodies for property damage or destruction
Status: in_force

(1) The limitations imposed by this section apply to claims that:

(a) Are subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) ;

(b) Are made against a public body, or against a public body’s officers, employees and agents acting within the scope of their employment or duties;

(c) Arise out of a single accident or occurrence; and

(d) Are claims for damage to or destruction of property, including consequential damages.

(2) The liability of a public body, and the liability of the public body’s officers, employees and agents acting within the scope of their employment or duties, for claims described in subsection (1) of this section may not exceed:

(a) $100,000, or the adjusted limitation provided by subsection (3) of this section, to any single claimant.

(b) $500,000, or the adjusted limitation provided by subsection (3) of this section, to all claimants.

(3) Beginning in 2010, and every year thereafter, the State Court Administrator shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. On or before July 1 of the year in which the State Court Administrator makes the determination required by this subsection, the State Court Administrator shall adjust the limitations imposed under subsection (2) of this section for the following calendar year by multiplying the limitation amounts applicable to the calendar year in which the adjustment is made by the percentage amount determined under this subsection. The adjustment may not exceed three percent for any year. The State Court Administrator shall round the adjusted limitation amount to the nearest $100, but the unrounded amount shall be used to calculate the adjustments to the limitations in subsequent calendar years. The adjusted limitation becomes effective on July 1 of the year in which the adjustment is made, and applies to all causes of action arising on or after July 1 of that year and before July 1 of the subsequent year. [2009 c.67 §5; 2019 c.12 §3]

Note: See note under 30.269 (Limitations on awards under Oregon Tort Claims Act generally) .

Source: Section 30.273 — Limitations on liability of public bodies for property damage or destruction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.070 — OR Code / Title 3 / Chapter 34 / Section 34.070
34.070 Stay of proceedings
Status: in_force

In the discretion of the court issuing the writ, the writ may contain a requirement that the defendant desist from further proceedings in the matter to be reviewed, whereupon the proceedings shall be stayed accordingly. [Amended by 1977 c.515 §4; 1979 c.772 §10]

Source: Section 34.070 — Stay of proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.600 — OR Code / Title 3 / Chapter 36 / Section 36.600
36.600 Definitions
Status: in_force

As used in ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) :

(1) “Arbitration organization” means an association, agency, board, commission or other entity that is neutral and initiates, sponsors or administers an arbitration proceeding or is involved in the appointment of an arbitrator.

(2) “Arbitrator” means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.

(3) “Court” means a circuit court.

(4) “Knowledge” means actual knowledge.

(5) “Person” means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.

(6) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [2003 c.598 §1; 2009 c.294 §3]

Note: 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 36 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 36.600 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.210 — OR Code / Title 3 / Chapter 34 / Section 34.210
34.210 Recovery of damages
Status: in_force

(1) If the court orders issuance of a peremptory writ of mandamus, the relator shall recover from the defendant damages which the relator has sustained from a false return, to be ascertained in the same manner as in an action.

(2) The court in its discretion may designate a prevailing party and award attorney fees, costs and disbursements to the prevailing party, but no attorney fees, costs and disbursements shall be awarded against a judge as a defendant in a mandamus action for any action taken in the judge’s official capacity. Attorney fees, costs and disbursements may only be awarded against adverse parties who have been served with the petition and writ. [Amended by 1989 c.702 §5]

Source: Section 34.210 — Recovery of damages; attorney fees, costs and disbursements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 34.240 — OR Code / Title 3 / Chapter 34 / Section 34.240
34.240 Appeal
Status: in_force

From the judgment of the circuit court or Oregon Tax Court, or judge thereof, refusing to allow a mandamus, or directing a peremptory mandamus, an appeal may be taken in like manner and with like effect as in an action. [Amended by 1965 c.6 §12; 1973 c.197 §3]

(Mandamus Under Supreme Court’s Original Jurisdiction)

Source: Section 34.240 — Appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 33.096 — OR Code / Title 3 / Chapter 33 / Section 33.096
33.096 Summary imposition of sanction
Status: in_force

A court may summarily impose a sanction upon a person who commits a contempt of court in the immediate view and presence of the court. The sanction may be imposed for the purpose of preserving order in the court or protecting the authority and dignity of the court. The provisions of ORS 33.055 (Procedure for imposition of remedial sanctions) and 33.065 (Procedure for imposition of punitive sanctions) do not apply to summary imposition of sanctions under this section. [1991 c.724 §8]

Source: Section 33.096 — Summary imposition of sanction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 30.020 — OR Code / Title 3 / Chapter 30 / Section 30.020
30.020 Action for wrongful death
Status: in_force

(1) When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedent’s domicile would be entitled to inherit the personal property of the decedent, and for the benefit of any stepchild or stepparent whether that stepchild or stepparent would be entitled to inherit the personal property of the decedent or not, 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 three years after the injury causing the death of the decedent is discovered or reasonably should have been discovered by the decedent, by the personal representative or by a person for whose benefit the action may be brought under this section if that person is not the wrongdoer. In no case may an action be commenced later than the earliest of:

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

(b) The longest of any other period for commencing an action under a statute of ultimate repose that applies to the act or omission causing the injury, including but not limited to the statutes of ultimate repose provided for in ORS 12.110 (Actions for certain injuries to person not arising on contract) (4), 12.115 (Action for negligent injury to person or property) , 12.135 (Action for damages from construction, alteration or repair of improvement to real property) , 12.137 (Action for loss of or damage to property arising from nuclear incident) and 30.905 (Time limitation for commencement of action) .

(2) In an action under this section damages may be awarded in an amount which:

(a) Includes reasonable charges necessarily incurred for doctors’ services, hospital services, nursing services, other medical services, burial services and memorial services rendered for the decedent;

(b) Would justly, fairly and reasonably have compensated the decedent for disability, pain, suffering and loss of income during the period between injury to the decedent and the decedent’s death;

(c) Justly, fairly and reasonably compensates for pecuniary loss to the decedent’s estate;

(d) Justly, fairly and reasonably compensates the decedent’s spouse, children, stepchildren, stepparents and parents for pecuniary loss and for loss of the society, companionship and services of the decedent; and

(e) Separately stated in finding or verdict, the punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived.

(3) For the purposes of this section:

(a) Two persons shall be considered to have a stepchild-stepparent relationship if one of the biological parents of the stepchild, while the stepchild is a minor and in the custody of this first biological parent, marries the stepparent who is not the second biological parent or the adoptive parent of the stepchild;

(b) The stepchild-stepparent relationship shall remain in effect even though the stepchild is older than the age of majority or has been emancipated;

(c) The stepchild-stepparent relationship shall remain in effect even though one or both of the biological parents of the stepchild die; and

(d) The stepchild-stepparent relationship shall end upon the divorce of the biological parent and the stepparent. [Amended by 1953 c.600 §3; 1961 c.437 §1; 1967 c.544 §1; 1973 c.718 §2; 1991 c.471 §1; 1991 c.608 §1; 1995 c.618 §19]

Source: Section 30.020 — Action for wrongful death; when commenced; damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.140 — OR Code / Title 3 / Chapter 30 / Section 30.140
30.140 Certain indemnification provisions in construction agreement void
Status: in_force

(1) Except to the extent provided under subsection (2) of this section, any provision in a construction agreement that requires a person or that person’s surety or insurer to indemnify another against liability for damage arising out of death or bodily injury to persons or damage to property caused in whole or in part by the negligence of the indemnitee is void.

(2) This section does not affect any provision in a construction agreement that requires a person or that person’s surety or insurer to indemnify another against liability for damage arising out of death or bodily injury to persons or damage to property to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the indemnitor, or the fault of the indemnitor’s agents, representatives or subcontractors.

(3) As used in this section, “construction agreement” means any written agreement for the planning, design, construction, alteration, repair, improvement or maintenance of any building, highway, road excavation or other structure, project, development or improvement attached to real estate including moving, demolition or tunneling in connection therewith.

(4) This section does not apply to:

(a) Any real property lease or rental agreement between a landlord and tenant whether or not any provision of the lease or rental agreement relates to or involves planning, design, construction, alteration, repair, improvement or maintenance as long as the predominant purpose of the lease or rental agreement is not planning, design, construction, alteration, repair, improvement or maintenance of real property; or

(b) Any personal property lease or rental agreement.

(5) No provision of this section shall be construed to apply to a “railroad” as defined in ORS 824.200 (Definitions for 824.200 to 824.256) . [1973 c.570 §§1,2; 1987 c.774 §25; 1995 c.704 §1; 1997 c.858 §1; 2007 c.413 §1]

Source: Section 30.140 — Certain indemnification provisions in construction agreement void , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.530 — OR Code / Title 3 / Chapter 36 / Section 36.530
36.530 Guiding principles of conciliators
Status: in_force

The conciliator or conciliators shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous practices between the parties. [1991 c.405 §42]

Source: Section 36.530 — Guiding principles of conciliators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.558 — OR Code / Title 3 / Chapter 36 / Section 36.558
36.558 Short title
Status: in_force

ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) shall be known and may be cited as the “Oregon International Commercial Arbitration and Conciliation Act.” [1991 c.405 §1]

Source: Section 36.558 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 33.125 — OR Code / Title 3 / Chapter 33 / Section 33.125
33.125 Appeal
Status: in_force

(1) The imposition of a sanction for contempt shall be by a judgment.

(2) A judgment in a proceeding for imposition of a remedial sanction may be appealed in the same manner as from a judgment in an action at law. An appeal from a judgment imposing a punitive sanction shall be in the manner provided for appeals in ORS chapter 138. Appeals from judgments imposing sanctions for contempt in municipal courts and justice courts shall be in the manner provided by law for appeals from those courts.

(3) If a proceeding to impose remedial sanctions is related to another proceeding as described in ORS 33.055 (Procedure for imposition of remedial sanctions) (3) and the court determines, before entry of judgment in the related proceeding, that the defendant is in contempt, the court may suspend impositions of sanctions and entry of judgment on the contempt until entry of judgment in the related proceeding.

(4) An appeal from a contempt judgment shall not stay any action or proceeding to which the contempt is related. [1991 c.724 §11; 2003 c.576 §233; 2005 c.568 §28; 2017 c.252 §2]

Source: Section 33.125 — Appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 30.817 — OR Code / Title 3 / Chapter 30 / Section 30.817
30.817 Action against animal abuser for costs of providing veterinary care
Status: in_force

(1) As used in this section, “abuse” means an act or omission in violation of ORS 167.310 (Definitions for ORS 167.310 to 167.351) to 167.351 (Trading in nonambulatory livestock) that results in physical injury to a domestic animal.

(2) A person that provides or ensures the provision of veterinary care for an animal for the purpose of addressing the effects of abuse has a private right of action against the person inflicting the abuse. A court shall award a plaintiff prevailing in an action under this section compensatory damages for all reasonable expenses incurred by the person in relation to veterinary care for the abused animal, plus costs and reasonable attorney fees.

(3) Subsection (2) of this section does not affect the existence of a lien arising under ORS 87.159 (Lien for care of impounded animal) or any petition or order for forfeiture under ORS 167.347 (Forfeiture of animal to animal care agency prior to disposition of criminal action) .

(4) When determining whether to require a defendant in a criminal proceeding to pay restitution for the cost of veterinary care provided to an injured animal, a court may not consider the availability of an action under this section. [2019 c.161 §1]

Source: Section 30.817 — Action against animal abuser for costs of providing veterinary care; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.876 — OR Code / Title 3 / Chapter 30 / Section 30.876
30.876 Treble damages and costs in actions arising out of interference with agricultural research
Status: in_force

In any civil action arising out of conduct that would constitute interference with agricultural research under ORS 164.889 (Interference with agricultural research) , the court shall award:

(1) Treble the amount of damages claimed to real and personal property; and

(2) The costs of repeating experiments including, but not limited to, the costs of replacing records, data, equipment, specimens, labor and materials, if the conduct causes the failure of an experiment in progress or irreparable damage to completed research or experimentation. [2001 c.147 §4]

Source: Section 30.876 — Treble damages and costs in actions arising out of interference with agricultural research , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.410 — OR Code / Title 3 / Chapter 35 / Section 35.410
35.410 Right to contest change in public purpose use
Status: in_force

A prior owner of real property acquired pursuant to an agreement entered into under ORS 35.385 (Public purpose use required of condemner) (1) or a judgment given under ORS 35.235 (Agreement for compensation) and 35.385 (Public purpose use required of condemner) (2), whichever applies, or the designated beneficiary of such owner, may contest any proposed change by the condemner in the public purpose for which such real property was acquired in the manner provided for contesting a change in the period specified for the use of such real property by the condemner under ORS 35.395 (Change in period of use) (4). The resolution or ordinance of the condemner is presumptive evidence that a proposed change of use proposed by the condemner is reasonable and necessary in the public interest. Each condemner proposing any such change in public purpose shall notify each such owner or designated beneficiary of such proposed change and the reasons therefor in the manner provided in ORS 35.395 (Change in period of use) (2) for notification of a proposed change in the period specified for use of such real property by the condemner. Each such notice shall be mailed to the most recent address of the owner or designated beneficiary of record with the condemner. [1973 c.720 §7]

Source: Section 35.410 — Right to contest change in public purpose use; notice of proposed change , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 31.276 — OR Code / Title 3 / Chapter 31 / Section 31.276
31.276 Duties of Oregon Patient Safety Commission
Status: in_force

(1) The Oregon Patient Safety Commission shall make rules establishing requirements and procedures as necessary to implement 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) , including, but not limited to:

(a) Procedures for filing a notice of adverse health care incident under ORS 31.262 (Notice of adverse health care incident) and for conducting discussions and mediations under ORS 31.264 (Discussion of adverse health care incident) and 31.268 (Mediation) .

(b) The form of the notice of adverse health care incident under ORS 31.262 (Notice of adverse health care incident) .

(2) The commission shall use notices of adverse health care incidents filed under ORS 31.262 (Notice of adverse health care incident) to:

(a) Establish quality improvement techniques to reduce patient care errors that contribute to adverse health care incidents.

(b) Develop evidence-based prevention practices to improve patient outcomes and disseminate information about those practices.

(c) Upon the request of a health care facility or health care provider, assist the facility or provider in reducing the frequency of a particular adverse health care incident, including, but not limited to, determining the underlying cause of the incident and providing advice regarding preventing reoccurrence of the incident. [2013 c.5 §9]

Source: Section 31.276 — Duties of Oregon Patient Safety Commission; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.454 — OR Code / Title 3 / Chapter 36 / Section 36.454
36.454 Application of ORS 36.450 to 36.558
Status: in_force

(1) ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) apply to international commercial arbitration and conciliation, subject to any agreement in force between the United States of America and any other country or countries.

(2) The provisions of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) , except ORS 36.468 (Application to stay judicial proceedings and compel arbitration) , 36.470 (Interim judicial relief) , 36.522 (Enforcement of award) and 36.524 (Grounds for refusal to enforce award) , apply only if the place of arbitration or conciliation is within the territory of the State of Oregon.

(3) An arbitration or conciliation agreement is international if any of the following applies:

(a) The parties to an arbitration or conciliation agreement have, at the time of the conclusion of that agreement, their places of business in different countries.

(b) One of the following places is situated outside the country in which the parties have their places of business:

(A) The place of arbitration or conciliation if determined in, or pursuant to, the arbitration or conciliation agreement.

(B) Any place where a substantial part of the obligations of the commercial relationship is to be performed.

(C) The place with which the subject matter of the dispute is most closely connected.

(c) The parties have expressly agreed that the subject matter of the arbitration or conciliation agreement relates to commercial interests in more than one country.

(d) The subject matter of the arbitration or conciliation agreement is otherwise related to commercial interests in more than one country.

(4) For the purposes of subsection (3) of this section:

(a) If a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration or conciliation agreement; or

(b) If a party does not have a place of business, reference is to be made to the habitual residence of the party.

(5) If a written agreement to submit an existing controversy to arbitration or a provision in a written contract to submit to arbitration a controversy thereafter arising between the parties qualifies for arbitration pursuant to this section, that written agreement or provision shall be valid, enforceable and irrevocable, save on such grounds as exist at law or in equity for the revocation of any contract.

(6) Except as provided in this subsection, ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) shall not affect any other law of the State of Oregon by virtue of which certain disputes may not be submitted to arbitration or conciliation or may be submitted to arbitration or conciliation only according to provisions other than those of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) . ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) supersede ORS 36.100 (Policy for ORS 36.100 to 36.238) to 36.425 (Filing of decision and award) with respect to international commercial arbitration and conciliation. [1991 c.405 §3]

Source: Section 36.454 — Application of ORS 36.450 to 36.558; when arbitration or conciliation agreement is international; validity of written agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.510 — OR Code / Title 3 / Chapter 30 / Section 30.510
30.510 Action for usurpation of office or franchise, forfeiture of office or failure to incorporate
Status: in_force

An action at law may be maintained in the name of the state, upon the information of the district attorney, or upon the relation of a private party against the person offending, in the following cases:

(1) When any person usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this state, or any office in a corporation either public or private, created or formed by or under the authority of this state; or,

(2) When any public officer, civil or military, does or suffers an act which, by the provisions of law, makes a forfeiture of the office of the public officer; or,

(3) When any association or number of persons acts within this state, as a corporation, without being duly incorporated.

Source: Section 30.510 — Action for usurpation of office or franchise, forfeiture of office or failure to incorporate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.410 — OR Code / Title 3 / Chapter 34 / Section 34.410
34.410 Criminal offense by person having custody
Status: in_force

If the person having such party in custody is brought before the court or judge as for a criminal offense, the person shall be examined, committed, released or discharged by the court or judge in like manner as in other criminal cases of like nature. [Amended by 1973 c.836 §324]

Source: Section 34.410 — Criminal offense by person having custody , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.691 — OR Code / Title 3 / Chapter 30 / Section 30.691
30.691 Limitations on liability
Status: in_force

(1) Except as provided in subsection (2) of this section and in ORS 30.693 (Additional exceptions to limitations on liability) , an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine and, except as provided in subsection (2) of this section and ORS 30.693 (Additional exceptions to limitations on liability) , no participant or participant’s representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine.

(2) Intentionally left blank —Ed.

(a) The provisions of ORS 30.687 (Definitions for ORS 30.687 to 30.697) to 30.697 (Effect on workers’ compensation benefits) do not apply to any injury or death arising out of a race as defined in ORS 462.010 (Definitions) .

(b) Nothing in subsection (1) of this section shall limit the liability of an equine activity sponsor or an equine professional:

(A) If the equine activity sponsor or the equine professional commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission caused the injury;

(B) If the equine activity sponsor or the equine professional intentionally injures the participant;

(C) Under the products liability provisions of ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) ; or

(D) Under ORS 30.820 (Action against seller of drugged horse) or 608.015 (Civil liability for animals trespassing on adequately fenced land situated on open range) . [1991 c.864 §3]

Source: Section 30.691 — Limitations on liability; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.160 — OR Code / Title 3 / Chapter 36 / Section 36.160
36.160 Participation by counties
Status: in_force

(1) To qualify for a grant under ORS 36.155 (Grants for dispute resolution services in counties) , a county shall notify the Dean of the University of Oregon School of Law in accordance with the schedule established by rule by the dean. Such notification shall be by resolution of the appropriate board of county commissioners or, if the programs are to serve more than one county, by joint resolution. A county providing notice may select the dispute resolution programs to receive grants under ORS 36.155 (Grants for dispute resolution services in counties) for providing dispute resolution services within the county from among qualified dispute resolution programs.

(2) The county’s notification to the dean must include a statement of agreement by the county to engage in a selection process and to select as the recipient of funding an entity capable of and willing to provide dispute resolution services according to the rules of the dean. The award of a grant is contingent upon the selection by the county of a qualified entity. The dean may provide consultation and technical assistance to a county to identify, develop and implement dispute resolution programs that meet the standards and guidelines adopted by the dean under ORS 36.175 (Rules for administration of dispute resolution programs) .

(3) If a county does not issue a notification according to the schedule established by the dean, the dean may notify a county board of commissioners that the dean intends to make a grant to a dispute resolution program in the county. The dean may, after such notification, assume the county’s role under subsection (1) of this section unless the county gives the notice required by subsection (1) of this section. If the dean assumes the county’s role, the dean may contract with a qualified program for a two-year period. The county may, 90 days before the expiration of an agreement between a qualified program and the dean, notify the dean under subsection (1) of this section that the county intends to assume its role under subsection (1) of this section.

(4) All dispute resolution programs identified for funding shall comply with the rules adopted under ORS 36.175 (Rules for administration of dispute resolution programs) .

(5) All funded dispute resolution programs shall submit informational reports and statistics as required by the dean. [1989 c.718 §13; 1991 c.538 §3; 1995 c.515 §1; 1997 c.801 §43; 2003 c.791 §17; 2005 c.817 §4d]

Source: Section 36.160 — Participation by counties; notice; contents; effect of failure to give notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.657 — OR Code / Title 3 / Chapter 30 / Section 30.657
30.657 Petition for compensation for wrongful conviction
Status: in_force

(1) A person may petition for compensation for wrongful conviction against the state if all of the following requirements are satisfied:

(a) The person was convicted of one or more felonies and subsequently imprisoned as a result of the conviction or convictions;

(b) Intentionally left blank —Ed.

(A) The person’s conviction was reversed or vacated and either the charges were dismissed or on retrial the person was found not guilty; or

(B) The person received a grant of gubernatorial pardon;

(c) The person did not commit the crime or crimes for which the person was convicted and was not an accessory or accomplice to or otherwise involved in the acts that were the basis of the conviction; and

(d) The person did not commit perjury, fabricate evidence or by the person’s own conduct cause or bring about the conviction. A confession or admission later found to be false or a guilty plea does not constitute committing perjury, fabricating evidence or causing or bringing about the conviction under this paragraph.

(2) For the purposes of subsection (1) of this section:

(a) Reversal or vacation of a conviction because the conviction was obtained following a finding of guilt by a nonunanimous jury is not sufficient to prove that the person did not commit the crime or crimes for which the person was convicted.

(b) “Convicted” or “conviction” includes an adjudication of a person within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) for an act committed when the person was under 18 years of age if the adjudication resulted in the person’s placement in custody of the Oregon Youth Authority or the Department of Corrections for at least one year.

(3) A person may file a petition for compensation under this section in the Circuit Court for Marion County or in the circuit court for the county of conviction. The petitioner shall serve the petition on the Attorney General, who shall represent the state in all proceedings on the petition. The petitioner shall also mail a copy of the complaint to the District Attorney of the county of conviction.

(4) Intentionally left blank —Ed.

(a) A petition under this section is a civil action. The Oregon Rules of Civil Procedure and the Oregon Evidence Code apply to a petition under this section unless otherwise specified in this section.

(b) The court, in exercising its discretion regarding the weight and admissibility of evidence submitted under this section, may in the interest of justice give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence or other factors not caused by a petitioner or those acting on a petitioner’s behalf. The court may not diminish the petitioner’s burden of proof as set forth in subsection (5)(a) of this section.

(c) The fact finder in a proceeding under this section may receive proof by declarations, depositions, oral testimony or other competent evidence, including but not limited to transcripts of testimony or documents and evidence filed with the court in any proceeding that gave rise to the conviction, reversal or vacation of the conviction, or from retrial following reversal.

(5) Intentionally left blank —Ed.

(a) If a petitioner proves the elements of subsection (1) of this section by a preponderance of the evidence, the court shall enter a judgment awarding damages as follows:

(A) Except as provided in paragraph (b) of this subsection, $65,000 for each year of imprisonment, as adjusted under subsection (8) of this section; and

(B) $25,000, as adjusted under subsection (8) of this section, for each additional year served on parole or post-prison supervision or each additional year the petitioner was required to register as a sex offender, whichever is greater.

(b) A petitioner is not entitled to damages for any period of incarceration during which the petitioner was concurrently serving a sentence for a conviction of another crime for which the petitioner was lawfully incarcerated.

(c) Punitive damages may not be awarded under this section.

(6) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the court shall order that an award under subsection (5) of this section be paid as a combination of an initial payment not to exceed $100,000 or 25 percent of the award, whichever is greater, and the remainder as an annuity not to exceed $80,000 per year. The petitioner shall designate a beneficiary or beneficiaries for the annuity.

(b) The court may order that the award be paid in one lump sum if the court finds that it is in the best interests of the petitioner.

(7) In addition to the damages awarded under subsection (5) of this section, the court:

(a) Shall award to the petitioner reasonable attorney fees and costs incurred in connection with a petition filed under this section;

(b) Shall award to the petitioner reimbursement for all restitution, assessments, fees, court costs and all other sums paid by the petitioner as required by pretrial orders, incarceration, and the judgment and sentence in any proceeding that gave rise to the conviction, reversal or vacation of the conviction, or from retrial following reversal; and

(c) May award to the petitioner access to existing state, local or other programs that provide services, including, but not limited to, counseling, housing assistance, eligibility for medical assistance as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) , educational assistance, job training, legal services to regain custody of children, assistance with food and transportation and personal financial literacy assistance, as appropriate.

(8) Beginning in 2023, and every year thereafter, the State Court Administrator shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. On or before July 1 of the year in which the State Court Administrator makes the determination required by this subsection, the State Court Administrator shall adjust the amounts prescribed under subsection (5) of this section for the following calendar year by multiplying the amounts applicable to the calendar year in which the adjustment is made by the percentage amount determined under this subsection. The adjustment may not exceed three percent for any year. The State Court Administrator shall round the adjusted limitation amount to the nearest $100, but the unrounded amount shall be used to calculate the adjustments to the amounts in subsequent calendar years. The adjusted amounts become effective on July 1 of the year in which the adjustment is made, and apply to all petitions filed under this section on or after July 1 of that year and before July 1 of the subsequent year.

(9) Intentionally left blank —Ed.

(a) If, on the date a judgment is entered under subsection (5) of this section, the petitioner has won a monetary award against a public body as defined in ORS 174.109 (“Public body” defined) in a separate civil action related to the same subject, or has entered into a settlement agreement with a public body as defined in ORS 174.109 (“Public body” defined) related to the same subject, the amount of economic damages awarded in the separate action or received in the settlement agreement, less any sums paid to litigate the other civil action or obtain the settlement agreement, including, but not limited to, attorney fees, costs and expert fees, shall be deducted from the sum of money to which the petitioner is entitled under this section. The court shall include in the judgment an award to the state of any amount deducted pursuant to this subsection.

(b) If paragraph (a) of this subsection does not apply and if, after the date the judgment is entered under subsection (5) of this section, the petitioner wins a monetary award against a public body as defined in ORS 174.109 (“Public body” defined) in a separate civil action related to the same subject, or enters into a settlement agreement with a public body as defined in ORS 174.109 (“Public body” defined) related to the same subject, the petitioner shall reimburse the state for the sum of money paid under the judgment entered under subsection (5) of this section, less any sums paid to litigate the other civil action or obtain the settlement agreement, including, but not limited to, attorney fees, costs and expert fees. A reimbursement required under this subsection may not exceed the amount of the economic damages awarded in the separate civil action or received in the settlement agreement.

(c) An award under this section shall not be offset by any expenses incurred by a public body as defined in ORS 174.109 (“Public body” defined) to secure the petitioner’s custody or conviction, or to feed, clothe, house or provide medical services to the petitioner as a result of the petitioner’s incarceration.

(10) Compensation awarded as a result of a petition for compensation for wrongful conviction under this section is excluded from gross income and is not subject to taxation.

(11) A petition under this section is not subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) .

(12) Intentionally left blank —Ed.

(a) If the petitioner prevails on a petition under this section, the petitioner may request that judgment include a certificate of innocence finding that the petitioner was innocent of all crimes for which the petitioner was wrongfully convicted.

(b) Upon entry of a judgment granting a petition under this section, the court shall order the associated convictions and arrest records be set aside and sealed from all applicable state and federal systems pursuant to this subsection. The court shall enter the set aside order regardless of whether the petitioner has other criminal convictions or pending criminal cases.

(13) Notwithstanding ORS 12.115 (Action for negligent injury to person or property) , a petition under this section must be filed no later than two years after:

(a) The date of dismissal of the criminal charges against the petitioner or finding of not guilty on retrial, whichever is later; or

(b) The grant of pardon to the petitioner.

(14) Any party to a proceeding under this section may appeal from the judgment of the circuit court on a petition filed under this section by filing a notice of appeal within the time and in the manner specified in ORS chapter 19 for civil appeals to the Court of Appeals. Any party filing a notice of appeal under this subsection must note in the notice of appeal that the case is subject to this subsection. For purposes of any appeals under this section, the Attorney General shall represent the state in all appellate proceedings. The party filing the notice of appeal shall serve the notice of appeal on the Attorney General and on the district attorney for the county of conviction.

(15) This section does not preclude the Department of Corrections from providing reentry services to a petitioner under this section that are provided to other persons, including, but not limited to, financial assistance, housing assistance, mentoring and counseling. Services may be provided while an action is pending and after any judgment is entered, as appropriate for the petitioner. [2022 c.105 §1; 2023 c.368 §3]

Source: Section 30.657 — Petition for compensation for wrongful conviction; requirements; burden of proof; damages; attorney fees; setoffs for other awards; certificate of innocence; statute of limitations; appeals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.862 — OR Code / Title 3 / Chapter 30 / Section 30.862
30.862 Action for public investment fraud
Status: in_force

(1) Conduct constituting a violation of ORS 30.862 (Action for public investment fraud) and 162.117 (Public investment fraud) to 162.121 (Construction of ORS 162.117 to 162.121) shall give rise to a civil cause of action by the state. The court may award reasonable attorney fees to the prevailing party in an action under this section.

(2) The application of one civil remedy under any provision of ORS 30.862 (Action for public investment fraud) and 162.117 (Public investment fraud) to 162.121 (Construction of ORS 162.117 to 162.121) shall not preclude the application of any other remedy, civil or criminal, under ORS 30.862 (Action for public investment fraud) and 162.117 (Public investment fraud) to 162.121 (Construction of ORS 162.117 to 162.121) or under any other provision of law. Civil remedies under ORS 30.862 (Action for public investment fraud) and 162.117 (Public investment fraud) to 162.121 (Construction of ORS 162.117 to 162.121) are supplemental and not mutually exclusive. [1993 c.768 §4; 1995 c.618 §29]

Source: Section 30.862 — Action for public investment fraud; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.090 — OR Code / Title 3 / Chapter 37 / Section 37.090
37.090 Receiver’s bond, alternative security or insurance
Status: in_force

(1) Except as otherwise provided by law, a court may, at any time before or during the service of a receiver, require a receiver or person nominated as a receiver to post a bond that:

(a) Is conditioned on the faithful discharge of the receiver’s duties;

(b) Is in an amount that is determined by the court to be adequate to secure payment of any costs, damages and attorney fees that may be sustained or suffered by any person due to a wrongful act of the receiver; and

(c) Has one or more sureties that meet the qualifications set forth in ORCP 82 D or that are approved by the court.

(2) Except as otherwise provided by law, the court may require the posting of alternative security in lieu of a bond, such as a letter of credit or a deposit of funds with the clerk of the court, to be held to secure the receiver’s faithful performance of the receiver’s duties until the court authorizes the release or return of the alternative security. The court shall remit any interest that may accrue on a deposit under this subsection to the receiver upon the receiver’s discharge.

(3) Except as otherwise provided by law, the court may require the receiver or person nominated as receiver to carry an insurance policy with coverage and limits determined by the court in lieu of a bond.

(4) A receiver may charge the cost of a bond, alternative security or insurance policy required by the court under this section against the estate.

(5) The court may authorize a receiver to act before the receiver posts a required bond or alternative security or acquires a required insurance policy. [2017 c.358 §9]

Source: Section 37.090 — Receiver’s bond, alternative security or insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 36.474 — OR Code / Title 3 / Chapter 36 / Section 36.474
36.474 Procedure for appointment of arbitrators
Status: in_force

(1) No person shall be precluded by reason of nationality from acting as an arbitrator unless otherwise agreed by the parties.

(2) The parties may agree on a procedure for appointing the arbitrator or arbitrators, subject to the provisions of subsections (4), (5) and (6) of this section.

(3) If the parties do not agree on a procedure for appointing the arbitrator or arbitrators:

(a) In an arbitration with two parties and involving three or more arbitrators, each party shall appoint one arbitrator and the appointed arbitrators shall appoint the remaining arbitrators. If a party fails to appoint an arbitrator within 30 days of receipt of a request to do so from the other party or parties, or if the two appointed arbitrators fail to agree on the remaining arbitrators within 30 days of their appointment, then, upon the request of any party, the circuit court shall make the appointment.

(b) In an arbitration with more than two parties or in an arbitration with two parties involving fewer than three arbitrators, then, upon the request of any party, the arbitrator or arbitrators shall be appointed by the circuit court.

(4) Unless the parties’ agreement on the appointment procedure provides other means for securing the appointment, any party may request the circuit court to make the appointment if there is an appointment procedure agreed upon by the parties and if:

(a) A party fails to act as required under such procedure;

(b) The parties, or the appointed arbitrators, are unable to reach an agreement as expected of them under such procedure; or

(c) A third party, including an institution, fails to perform any function entrusted to it under such procedure.

(5) A decision by the circuit court on a matter entrusted to it by subsection (3) or (4) of this section shall be final and not subject to appeal.

(6) The circuit court, in appointing an arbitrator, shall have due regard to all of the following:

(a) Any qualifications required of the arbitrator by the agreement of the parties;

(b) Other considerations as are likely to secure the appointment of an independent and impartial arbitrator; and

(c) The advisability of appointing an arbitrator of a nationality other than those of the parties. [1991 c.405 §14; 1993 c.244 §3]

Source: Section 36.474 — Procedure for appointment of arbitrators; appointment by circuit court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.252 — OR Code / Title 3 / Chapter 36 / Section 36.252
36.252 Agricultural mediation services coordinated by State Department of Agriculture
Status: in_force

(1) The State Department of Agriculture shall coordinate agricultural mediation services for disputes directly related to activities of the department and agricultural issues under the jurisdiction of the department.

(2) The Director of Agriculture or a designee of the director shall serve as the agricultural mediation service coordinator. The coordinator shall establish rules necessary to implement ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) . The rules must include, but need not be limited to:

(a) Reasonable mediator training guidelines for persons providing agricultural mediation services under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) .

(b) Fees to be charged for agricultural mediation services.

(c) Methods for advertising the availability of agricultural mediation services.

(d) Procedures for accepting applications for agricultural mediation services and for notifying any other person who is identified in the request for mediation as a party to the dispute. [1989 c.967 §3; 2015 c.202 §2]

Note: 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 36 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 36.252 — Agricultural mediation services coordinated by State Department of Agriculture; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 31.266 — OR Code / Title 3 / Chapter 31 / Section 31.266
31.266 Discussion communications
Status: in_force

(1) As used in this section, “discussion communication” means:

(a) All communications, written and oral, that are made in the course of a discussion under ORS 31.264 (Discussion of adverse health care incident) ; and

(b) All memoranda, work products, documents and other materials that are prepared for or submitted in the course of or in connection with a discussion under ORS 31.264 (Discussion of adverse health care incident) .

(2) Discussion communications and offers of compensation made under ORS 31.264 (Discussion of adverse health care incident) :

(a) Do not constitute an admission of liability.

(b) Are confidential and may not be disclosed.

(c) Except as provided in subsection (3) of this section, are not admissible as evidence in any subsequent adjudicatory proceeding and may not be disclosed by the parties in any subsequent adjudicatory proceeding.

(3) Intentionally left blank —Ed.

(a) A party may move the court or other decision maker to admit as evidence in a subsequent adjudicatory proceeding a discussion communication that contradicts a statement made during the subsequent adjudicatory proceeding. The court or other decision maker shall allow a discussion communication that contradicts a statement made at a subsequent adjudicatory proceeding into evidence only if the discussion communication is material to the claims presented in the subsequent adjudicatory proceeding.

(b) A party may not move to admit expressions of regret or apology that are inadmissible under ORS 677.082 (Expression of regret or apology) .

(4) Communications, memoranda, work products, documents and other materials, otherwise subject to discovery, that were not prepared specifically for use in a discussion under ORS 31.264 (Discussion of adverse health care incident) , are not confidential.

(5) Any communication, memorandum, work product or document that, before its use in a discussion under ORS 31.264 (Discussion of adverse health care incident) , was a public record as defined in ORS 192.311 (Definitions for ORS 192.311 to 192.478) remains subject to disclosure to the extent provided by ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(6) The limitations on admissibility and disclosure in subsequent adjudicatory proceedings imposed by this section apply to any subsequent judicial proceeding, administrative proceeding or arbitration proceeding. The limitations on disclosure imposed by this section include disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding, and a person that is prohibited from disclosing information under the provisions of this section may not be compelled to reveal confidential communications or agreements in any discovery conducted as part of a subsequent adjudicatory proceeding. [2013 c.5 §4]

Source: Section 31.266 — Discussion communications; admissibility; disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 37.130 — OR Code / Title 3 / Chapter 37 / Section 37.130
37.130 Turnover of property
Status: in_force

(1) Upon demand by a receiver, a person shall turn over to the receiver any estate property within the possession, custody or control of the person.

(2) If a bona fide dispute exists over whether property is estate property, the court in which the receivership is pending shall resolve the dispute.

(3) A receiver may not demand a turnover of residential property without specific judicial approval, which the court may grant only in case of waste, destruction, obstruction of marketing of the property, enforcement of an order in a domestic relations suit or other good cause shown.

(4) If a creditor has possession or control of estate property and the validity, perfection or priority of the creditor’s lien depends on the creditor’s possession or control, the creditor may retain possession or control of the property until the court orders adequate protection of the creditor’s lien. [2017 c.358 §13]

Source: Section 37.130 — Turnover of property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 36.415 — OR Code / Title 3 / Chapter 36 / Section 36.415
36.415 Arbitration after waiver of amount of claim exceeding $50,000
Status: in_force

(1) In a civil action in a circuit court where all parties have appeared, where the only relief claimed is recovery of money or damages, where 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, and where all parties asserting those claims waive the amounts of those claims that exceed $50,000, the court shall refer the action to arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) . A waiver of an amount of a claim under this section shall be for the purpose of arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) only and shall not restrict assertion of a larger claim in a trial de novo under ORS 36.425 (Filing of decision and award) .

(2) In a civil action in a circuit court where all parties have appeared, where the only relief claimed is recovery of money or damages and where 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, any party against whom the claim is made may file a motion with the court requesting that the matter be referred to arbitration. After hearing upon the motion, the court shall refer the matter to arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) if the defendant establishes by affidavits and other documentation that no objectively reasonable juror could return a verdict in favor of the claimant in excess of $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment. [Formerly 33.380; 1995 c.618 §13; 1995 c.658 §33; 2005 c.274 §4]

Source: Section 36.415 — Arbitration after waiver of amount of claim exceeding $50,000; motion for referral to arbitration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.305 — OR Code / Title 3 / Chapter 35 / Section 35.305
35.305 Conduct of trial
Status: in_force

(1) Evidence shall be received and the trial conducted in the order and manner prescribed for a civil action in the circuit court, except that the defendant shall have the option of proceeding first or last in the presentation of evidence, if notice of such election is filed with the court and served on the condemner at least seven days prior to the date set for trial. If no notice of election is filed, the condemner shall proceed first in the presentation of evidence. Unless the case is submitted by both sides to the jury without argument, the party who presents evidence first shall also open and close the argument to the jury.

(2) Condemner and defendant may offer evidence of just compensation, but neither party shall have the burden of proof of just compensation. [1971 c.741 §14; 1979 c.284 §76]

Source: Section 35.305 — Conduct of trial; defendant’s option; jury argument; neither side has burden of proof of just compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 34.060 — OR Code / Title 3 / Chapter 34 / Section 34.060
34.060 To whom directed
Status: in_force

The writ shall be directed to the court, officer, or tribunal whose decision or determination is sought to be reviewed, or to the clerk or other person having the custody of its records or proceedings, requiring return of the writ to the circuit court, with a certified copy of the record or proceedings in question annexed thereto, so that the same may be reviewed by the circuit court. The court allowing the writ shall fix the date on which it is to be returned, and such date shall be specified in the writ. [Amended by 1959 c.638 §9]

Source: Section 34.060 — To whom directed; return , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.882 — OR Code / Title 3 / Chapter 30 / Section 30.882
30.882 Award of liquidated damages to sports official subjected to offensive physical contact
Status: in_force

(1) In addition to, and not in lieu of any other damages that may be claimed, a plaintiff who is a sports official shall receive liquidated damages in an amount not less than $500 but not more than $1,000 in any action in which the plaintiff establishes that:

(a) The defendant intentionally subjected the plaintiff to offensive physical contact;

(b) The defendant knew that the plaintiff was a sports official at the time the offensive physical contact was made;

(c) The offensive physical contact is made while the plaintiff is within, or in the immediate vicinity of, a facility at which the plaintiff serves as a sports official for a sports event; and

(d) The offensive physical contact is made while the plaintiff is serving as a sports official or within a brief period of time thereafter.

(2) The court shall award reasonable attorney fees to a prevailing plaintiff in an action in which liquidated damages are awarded under this section.

(3) An award of liquidated damages under this section is not subject to ORS 31.725 (Pleading punitive damages) , 31.730 (Standards for award of punitive damages) or 31.735 (Distribution of punitive damages) .

(4) As used in this section, “sports official” means a person who:

(a) Serves as a referee, umpire, linesman or judge or performs similar functions under a different title; and

(b) Is a member of, or registered by, a local, state, regional or national organization that engages in providing education and training in sports officiating. [1999 c.786 §1]

Source: Section 30.882 — Award of liquidated damages to sports official subjected to offensive physical contact; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.560 — OR Code / Title 3 / Chapter 35 / Section 35.560
35.560 Action by district attorney
Status: in_force

The district attorney of the judicial district in which the property to be condemned lies shall:

(1) Commence and prosecute the suit, action or proceeding in the circuit court of such district, when requested by the board; or

(2) Aid the Attorney General in so doing in any manner requested by the Attorney General. [Formerly 281.230]

Source: Section 35.560 — Action by district attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.687 — OR Code / Title 3 / Chapter 30 / Section 30.687
30.687 Definitions for ORS 30.687 to 30.697
Status: in_force

For the purposes of ORS 30.687 (Definitions for ORS 30.687 to 30.697) to 30.697 (Effect on workers’ compensation benefits) :

(1) “Equine” means a horse, pony, mule, donkey or hinny.

(2) “Equine activity” means:

(a) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines and any of the equine disciplines including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games and hunting;

(b) Equine training, grooming, breeding and teaching activities;

(c) Boarding equines;

(d) Riding, inspecting or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine; and

(e) Rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.

(3) “Equine activity sponsor” means an individual, group or club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, that sponsors, organizes or provides the facilities for an equine activity, including but not limited to pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes and programs, therapeutic riding programs and operators, instructors, and promoters of equine facilities, including but not limited to stables, clubhouses, pony ride strings, fairs and arenas at which the activity is held.

(4) “Equine professional” means a person engaged for compensation:

(a) In instructing a participant or renting to a participant an equine for the purpose of riding, training, driving, grooming or being a passenger upon the equine; or

(b) In renting equipment or tack to a participant.

(5) “Participant” means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity. “Participant” does not include a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive, groom or ride as a passenger upon an equine. [1991 c.864 §2; 1995 c.211 §2]

Source: Section 30.687 — Definitions for ORS 30.687 to 30.697 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.659 — OR Code / Title 3 / Chapter 30 / Section 30.659
30.659 Notice of petition required
Status: in_force

(1) A person may not file a petition under ORS 30.657 (Petition for compensation for wrongful conviction) unless notice of petition is given as required by this section.

(2) Notice of petition shall be given within 180 days after the date on which the charges were dismissed, the person was found not guilty on retrial or the person received a grant of pardon. The period of time shall not include the period, not exceeding 90 days, during which the person is unable to give notice because of injury or because of minority, incompetency or other incapacity.

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

(a) Formal notice of petition as provided in subsection (4) of this section;

(b) Filing of a petition under ORS 30.657 (Petition for compensation for wrongful conviction) by or on behalf of the person within the applicable period of time provided in subsection (2) of this section;

(c) Notice of claim under ORS 30.275 (Notice of claim) for any action against a public body, as defined in ORS 174.109 (“Public body” defined) , or any officer, employee or agent of the public body arising out of the facts and circumstances that gave rise to the wrongful conviction; or

(d) Payment of compensation for wrongful conviction by or on behalf of the state at any time.

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

(a) A statement that a petition for wrongful conviction under ORS 30.657 (Petition for compensation for wrongful conviction) is or will be filed;

(b) The date on which the charges were dismissed, the person was found not guilty on retrial or the person received a grant of pardon; and

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

(5) Notice is sufficient where the communication is such that a reasonable person would conclude that a particular person intends to assert a claim against the state arising out of wrongful conviction.

(6) Formal notice of petition shall be given by mail, electronic mail or personal delivery to the office of the Director of the Oregon Department of Administrative Services. Service by mail is complete on mailing, and service by electronic mail is complete on sending.

(7) Failure to provide timely notice shall not be a bar to suit if good cause for the failure is shown. Good cause shall not be unreasonably withheld.

(8) At the time of judgment after a person’s conviction is reversed or vacated, and either the charges are dismissed or on retrial the person is found not guilty, as described in ORS 30.657 (Petition for compensation for wrongful conviction) (1)(b)(A), the court shall advise the person of the right to file a notice within 180 days under this section. If the person is not present, the court shall advise the person in writing of the right to file a notice within 180 days under this section. [2022 c.105 §2]

Note: Section 3, chapter 105, Oregon Laws 2022, provides:

Sec. 3. (1) Notwithstanding the statute of limitations set forth in section 1 of this 2022 Act [ 30.657 (Petition for compensation for wrongful conviction) ], a person convicted, imprisoned and released from custody before the effective date of this 2022 Act [March 23, 2022] may file a petition under section 1 of this 2022 Act no later than two years after the effective date of this 2022 Act.

(2) Notwithstanding the notice requirement set forth in section 2 of this 2022 Act [ 30.659 (Notice of petition required) ], a person convicted, imprisoned and released from custody before the effective date of this 2022 Act may provide notice of petition under section 2 of this 2022 Act no later than 180 days after the effective date of this 2022 Act. [2022 c.105 §3]

ACTIONS ARISING OUT OF AGRI-TOURISM ACTIVITIES

Source: Section 30.659 — Notice of petition required; exceptions for good cause; court to advise right to file notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.560 — OR Code / Title 3 / Chapter 30 / Section 30.560
30.560 Judgment against usurper
Status: in_force

When a defendant, whether a natural person or a corporation, against whom an action has been commenced for any of the causes specified in ORS 30.510 (Action for usurpation of office or franchise, forfeiture of office or failure to incorporate) (1), is determined to be guilty of usurping, or intruding into, or unlawfully holding or exercising any office or franchise, judgment shall be given that such defendant be excluded therefrom. The court may also impose a fine upon the defendant not exceeding $2,000.

Source: Section 30.560 — Judgment against usurper; imposition of fine , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.815 — OR Code / Title 3 / Chapter 31 / Section 31.815
31.815 Covenant not to sue
Status: in_force

(1) When a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury to person or property or the same wrongful death or claimed to be liable in tort for the same injury or the same wrongful death:

(a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide; but the claimant’s claim against all other persons specified in ORS 31.600 (Contributory negligence not bar to recovery) (2) for the injury or wrongful death is reduced by the share of the obligation of the tortfeasor who is given the covenant, as determined under ORS 31.605 (Special questions to trier of fact) and 31.610 (Liability of defendants several only) ; and

(b) It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.

(2) When a covenant described in subsection (1) of this section is given, the claimant shall give notice of all of the terms of the covenant to all persons against whom the claimant makes claims. [Formerly 18.455]

Source: Section 31.815 — Covenant not to sue; effect; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.700 — OR Code / Title 3 / Chapter 36 / Section 36.700
36.700 Confirmation of award
Status: in_force

(1) After a party to an arbitration proceeding receives notice of an award, the party may make a petition to the court for an order confirming the award. The party filing the petition must serve a copy of the petition on all other parties to the proceedings. The court shall issue a confirming order unless within 20 days after the petition is served on the other parties:

(a) A party requests that the arbitrator modify or correct the award under ORS 36.690 (Change of award by arbitrator) ; or

(b) A party petitions the court to vacate, modify or correct the award under ORS 36.705 (Vacating award) or 36.710 (Modification or correction of award) .

(2) If a party requests that the arbitrator modify or correct the award under ORS 36.690 (Change of award by arbitrator) , or petitions the court to vacate, modify or correct the award under ORS 36.705 (Vacating award) or 36.710 (Modification or correction of award) , the court may stay entry of an order on a petition filed under this section until a final decision is made on the request or petition. [2003 c.598 §22]

Note: See note under 36.600 (Definitions) .

Source: Section 36.700 — Confirmation of award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.542 — OR Code / Title 3 / Chapter 36 / Section 36.542
36.542 Conciliator not to be arbitrator or take part in arbitral or judicial proceedings
Status: in_force

No person who has served as conciliator may be appointed as an arbitrator for, or take part in, any arbitral or judicial proceedings in the same dispute unless all parties manifest their consent to such participation or the rules adopted for conciliation or arbitration otherwise provide. [1991 c.405 §48]

Source: Section 36.542 — Conciliator not to be arbitrator or take part in arbitral or judicial proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.890 — OR Code / Title 3 / Chapter 30 / Section 30.890
30.890 Liability of food gleaners, donors and distributors
Status: in_force

(1) Intentionally left blank —Ed.

(a) Notwithstanding any other provision of law, a gleaner or the good-faith donor of any food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization, including but not limited to a food bank, for distribution without charge or on a scale reflecting ability to pay or only requiring a shared maintenance contribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness or intentional conduct of the donor or gleaner.

(b) The immunity from civil liability and criminal penalty provided by this section applies regardless of compliance with any laws, rules or ordinances regulating the packaging or labeling of food, and regardless of compliance with any laws, rules or ordinances regulating the storage or handling of the food by the donee after the donation of the food.

(2) Notwithstanding any other provision of law, a bona fide charitable or nonprofit organization which in good faith receives food, apparently fit for human consumption, and while apparently fit for human consumption distributes it at no charge or on a fee scale reflecting ability to pay or only requiring a shared maintenance contribution, shall not be subject to criminal penalty or civil damages resulting from the condition of the food unless an injury results from the gross negligence, recklessness or intentional conduct of the organization.

(3) This section applies to the good-faith donation of food not readily marketable due to appearance, freshness, grade, surplus or other considerations but does not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.

(4) As used in this section:

(a) “Donor” includes any person who operates a restaurant or other food establishment licensed or regulated by law.

(b) “Food” means any food whether or not it may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition, including but not limited to fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables, and foods that have been packaged, canned, refrigerated, freeze-dried or frozen.

(c) “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purpose of reducing hunger and meeting nutritional needs.

(d) “Gleaner” means a person that harvests for free distribution an agricultural crop that has been donated by the owner. [1979 c.265 §1; 1989 c.808 §1]

Source: Section 30.890 — Liability of food gleaners, donors and distributors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.520 — OR Code / Title 3 / Chapter 35 / Section 35.520
35.520 Decision on benefits
Status: in_force

Any person who applies for relocation benefits or assistance under ORS 35.510 (Duties of public entities acquiring real property) shall receive the public entity’s written decision on the application, which shall include the statement of any amount awarded, the statutory basis for the award and the statement of any finding of fact that the public entity made in arriving at its decision. A person aggrieved by the decision shall be entitled to a hearing substantially of the character required by ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) , unless federal, state or local law provides otherwise. Notice required by ORS 183.415 (Notice of right to hearing) must be served within 180 days of the receipt of the written decision by the aggrieved party. The decision of the public entity shall be reviewable pursuant to ORS 183.480 (Judicial review of agency orders) . [Formerly 281.085; 2007 c.288 §5]

Source: Section 35.520 — Decision on benefits; hearing; review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 35.355 — OR Code / Title 3 / Chapter 35 / Section 35.355
35.355 Appeal
Status: in_force

Either party to the action may appeal from the judgment in like manner and with like effect as in ordinary cases, but the appeal shall not stay the proceedings so as to prevent the condemner from taking possession of the property and using it for the purposes for which it is being appropriated. In the event the defendant prevails on an appeal, the costs and disbursements of the defendant, including a reasonable attorney fee to be fixed by the court, shall be taxed by the clerk and recovered from the condemner. [1971 c.741 §19]

Source: Section 35.355 — Appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.701 — OR Code / Title 3 / Chapter 30 / Section 30.701
30.701 Actions against maker of dishonored check
Status: in_force

(1) In any action against a maker of a dishonored check, a payee may recover from the maker statutory damages in an amount equal to $100 or triple the amount for which the check is drawn, whichever is greater. Statutory damages awarded under this subsection are in addition to the amount for which the check was drawn and may not exceed by more than $500 the amount for which the check was drawn. The court shall allow reasonable attorney fees at trial and on appeal to the prevailing party in an action on a dishonored check and in any action on a check that is not paid because payment has been stopped.

(2) Statutory damages and attorney fees under subsection (1) of this section may be awarded only if the payee made written demand of the maker of the check not less than 30 days before commencing the action and the maker failed to tender to the payee before the commencement of the action an amount of money not less than the amount for which the check was drawn, all interest that has accrued on the check under ORS 82.010 (Legal rate of interest) as of the date of demand and any charges imposed under subsection (5) of this section.

(3) Statutory damages under subsection (1) of this section shall not be awarded by the court if after the commencement of the action but before trial the defendant tenders to the plaintiff an amount of money equal to the amount for which the check was drawn, all interest that has accrued on the check under ORS 82.010 (Legal rate of interest) as of the date of payment, any charges imposed under subsection (5) of this section, costs and disbursements and the plaintiff’s reasonable attorney fees incurred as of the date of the tender.

(4) If the court or jury determines that the failure of the defendant to satisfy the dishonored check at the time demand was made under subsection (2) of this section was due to economic hardship, the court or jury has the discretion to waive all or part of the statutory damages provided for in subsection (1) of this section. If all or part of the statutory damages are waived under this subsection, judgment shall be entered in favor of the plaintiff for the amount of the dishonored check, all interest that has accrued on the check under ORS 82.010 (Legal rate of interest) , any charges imposed under subsection (5) of this section, the plaintiff’s reasonable attorney fees and costs and disbursements.

(5) If a check is dishonored, the payee may collect from the maker a fee not to exceed $35. Any award of statutory damages under subsection (1) of this section must be reduced by the amount of any charges imposed under this subsection that have been paid by the maker or that are entered as part of the judgment.

(6) The provisions of this section apply only to a check that has been dishonored because of a lack of funds or credit to pay the check, because the maker has no account with the drawee or because the maker has stopped payment on the check without good cause. A plaintiff is entitled to the remedies provided by this section without regard to the reasons given by the drawee for dishonoring the check.

(7) For the purposes of this section:

(a) “Check” means a check, draft or order for the payment of money.

(b) “Drawee” has that meaning given in ORS 73.0103 (Definitions) .

(c) “Payee” means a payee, holder or assignee of a check. [1997 c.182 §2 (enacted in lieu of 30.700); 1999 c.707 §1; 2011 c.449 §1]

Source: Section 30.701 — Actions against maker of dishonored check; statutory damages and attorney fees; handling fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.370 — OR Code / Title 3 / Chapter 37 / Section 37.370
37.370 Priorities
Status: in_force

(1) Allowed claims in a receivership receive distribution under the Oregon Receivership Code in the order of priority set forth in this subsection.

(a) The first priority is unpaid costs and expenses allowable under ORS 37.270 (Recovery of costs related to secured property) .

(b) The second priority is claims of creditors with liens on estate property that are duly perfected under applicable law. Such creditors receive the proceeds from the disposition of their collateral. Secured claims must be paid from the proceeds in accordance with their respective priorities under otherwise applicable law.

(c) The third priority is actual, necessary costs and expenses incurred during the administration of the estate, other than those expenses allowable under subsection (2) of this section, including allowed fees and reimbursement of reasonable charges and expenses of the receiver and professional persons employed by the receiver under ORS 37.310 (Employment and compensation of professionals) . Notwithstanding paragraph (b) of this subsection, expenses incurred during the administration of the estate have priority over the secured claim of any creditor obtaining the appointment of the receiver.

(d) The fourth priority is claims to which 31 U.S.C. 3713 applies.

(e) The fifth priority is claims of creditors with liens on estate property that are not required to be perfected under applicable law. Such creditors receive the proceeds of the disposition of their collateral.

(f) The sixth priority is claims of creditors with liens on estate property that have not been duly perfected under applicable law. Such creditors receive the proceeds from the disposition of their collateral if and to the extent that unsecured claims are made subject to those liens under applicable law.

(g) The seventh priority is claims for wages, salaries or commissions, including vacation, severance and sick leave pay, or contributions to an employee benefit plan, earned by the claimant within 180 days of the earlier of the date of appointment of the receiver and the cessation of the estate’s business, but only to the extent of $12,850 in aggregate for each claimant.

(h) The eighth priority is unsecured claims of individuals, to the extent of $2,850 for each claimant, arising from the deposit with the owner before the date of appointment of the receiver of moneys in connection with the purchase, lease or rental of property or the purchase of services for personal, family or household use that were not delivered or provided.

(i) The ninth priority is claims for a spousal support debt or child support debt, except to the extent that the debt:

(A) Is assigned to another entity, voluntarily, by operation of law, or otherwise; or

(B) Includes a liability designated as a support obligation, unless that liability is actually in the nature of a support obligation.

(j) The tenth priority is unsecured claims of state governmental units for taxes that accrued before the appointment of the receiver.

(k) The eleventh priority is other unsecured claims.

(L) The last priority is interests of the owner.

(2) If the proceeds from the disposition of collateral securing an allowed secured claim are less than the amount of the claim or a creditor’s lien is avoided on any basis, the creditor has an unsecured claim in the amount of the deficiency.

(3) Except for claimants described in subsection (1)(b) and (d) of this section, claimants receive distributions on a pro rata basis.

(4) If all of the claims under subsection (1) of this section have been paid in full, the receiver shall pay any residue to the owner. [2017 c.358 §37]

Source: Section 37.370 — Priorities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 36.405 — OR Code / Title 3 / Chapter 36 / Section 36.405
36.405 Referral to mandatory arbitration
Status: in_force

(1) Except as provided in ORS 30.136 (Action to enforce right or remedy under Servicemembers Civil Relief Act) , in a civil action in a circuit court where all parties have appeared, the court shall refer the action to arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) if either of the following applies:

(a) The only relief claimed is recovery of money or damages, and no 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.

(b) The action is a domestic relations suit, as defined in ORS 107.510 (Definitions for ORS 107.510 to 107.610) , in which the only contested issue is the division or other disposition of property between the parties.

(2) The presiding judge for a judicial district may do either of the following:

(a) Exempt from arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) a civil action that otherwise would be referred to arbitration under this section.

(b) Remove from further arbitration proceedings a civil action that has been referred to arbitration under this section, when, in the opinion of the judge, good cause exists for that exemption or removal.

(3) If a court has established a mediation program that is available for a civil action that would otherwise be subject to arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) , the court shall not assign the proceeding to arbitration if the proceeding is assigned to mediation pursuant to the agreement of the parties. Notwithstanding any other provision of ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) , a party who completes a mediation program offered by a court shall not be required to participate in arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) . [Formerly 33.360; 1995 c.455 §2a; 1995 c.618 §11; 1995 c.658 §31a; 1995 c.781 §32; 2005 c.274 §2; 2009 c.83 §3]

Source: Section 36.405 — Referral to mandatory arbitration; exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 31.800 — OR Code / Title 3 / Chapter 31 / Section 31.800
31.800 Right of contribution among joint tortfeasors
Status: in_force

(1) Except as otherwise provided in this section, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them. There is no right of contribution from a person who is not liable in tort to the claimant.

(2) The right of contribution exists only in favor of a tortfeasor who has paid more than a proportional share of the common liability, and the total recovery of the tortfeasor is limited to the amount paid by the tortfeasor in excess of the proportional share. No tortfeasor is compelled to make contribution beyond the proportional share of the tortfeasor of the entire liability.

(3) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what is reasonable.

(4) A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor’s right of contribution to the extent of the amount it has paid in excess of the tortfeasor’s proportional share of the common liability. This subsection does not limit or impair any right of subrogation arising from any other relationship.

(5) This section does not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of the indemnity obligation.

(6) This section shall not apply to breaches of trust or of other fiduciary obligation. [Formerly 18.440]

Source: Section 31.800 — Right of contribution among joint tortfeasors; limitations; subrogation of insurer; effect on indemnity right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 30.370 — OR Code / Title 3 / Chapter 30 / Section 30.370
30.370 Service of summons on Attorney General
Status: in_force

In any suit, action or proceeding commenced under the provisions of ORS 30.360 (Governmental unit as defendant in actions involving liens on realty) to which the state is made a party, service of summons upon the state shall be made upon the Attorney General. In addition to other required content, any summons served pursuant to this section shall state the state agency involved in the suit, action or proceeding. [Amended by 1959 c.586 §2; 1979 c.284 §65]

Source: Section 30.370 — Service of summons on Attorney General; content , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.400 — OR Code / Title 3 / Chapter 30 / Section 30.400
30.400 Actions by and against public officers in official capacity
Status: in_force

An action may be maintained by or against any public officer in this state in an official character, when, as to such cause of action, the officer does not represent any of the public corporations mentioned in ORS 30.310 (Actions and suits by governmental units) , for any of the causes specified in such section and ORS 30.320 (Contract and other actions and suits against governmental units) . If judgment is given against the officer in such action, it may be enforced against the officer personally, and the amount thereof shall be allowed to the officer in the official accounts of the officer.

OR PUBLIC SERVANT’S EMPLOYER

Source: Section 30.400 — Actions by and against public officers in official capacity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.460 — OR Code / Title 3 / Chapter 30 / Section 30.460
30.460 Payment of fines or costs in proceeding to enforce county ordinance or resolution
Status: in_force

When proceedings are conducted by county hearings officers to enforce requirements or prohibitions of county ordinances or resolutions, if fines or costs are not paid by a defendant within 60 days after payment is ordered, the defendant is personally liable to the county for the amount of the unpaid fines or costs. The county may file and record the order for payment in the County Clerk Lien Record. [1985 c.626 §3; 1999 c.1051 §241]

Source: Section 30.460 — Payment of fines or costs in proceeding to enforce county ordinance or resolution; defendant personally liable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.532 — OR Code / Title 3 / Chapter 36 / Section 36.532
36.532 Manner of conducting conciliation proceedings
Status: in_force

The conciliator or conciliators may conduct the conciliation proceedings in such a manner as they consider appropriate, taking into account the circumstances of the case, the wishes of the parties and the desirability of a speedy settlement of the dispute. Except as otherwise provided in ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) , no provision of the Oregon Rules of Civil Procedure nor any other provision of the Oregon Revised Statutes governing procedural matters shall apply to any conciliation proceeding brought under ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) . [1991 c.405 §43]

Source: Section 36.532 — Manner of conducting conciliation proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 28.140 — OR Code / Title 3 / Chapter 28 / Section 28.140
28.140 Provisions severable
Status: in_force

The several sections and provisions of this chapter, except ORS 28.010 (Power of courts) and 28.020 (Declarations as to writings and laws) , are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.

Source: Section 28.140 — Provisions severable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.809 — OR Code / Title 3 / Chapter 30 / Section 30.809
30.809 Liability of fraternal organization that provides used eyeglasses or hearing aids
Status: in_force

(1) A fraternal organization, as defined in ORS 307.134 (Definition of fraternal organization) , that is also a charitable corporation, as defined in ORS 128.620 (Definitions for ORS 128.610 to 128.769) , and any other charitable corporation, as defined in ORS 128.620 (Definitions for ORS 128.610 to 128.769) , that is affiliated with the fraternal organization are not liable for any damages arising out of providing previously owned eyeglasses or hearing aids to a person if:

(a) The person is at least 14 years of age; and

(b) The eyeglasses or hearing aids are provided to the person without charge.

(2) The immunity provided by subsection (1) of this section applies to eyeglasses only if the eyeglasses are provided by a licensed optometrist or ophthalmologist who has:

(a) Personally examined the person who will receive the eyeglasses and issued a prescription for the eyeglasses; or

(b) Personally consulted with the licensed optometrist or ophthalmologist who issued the prescription for the eyeglasses. [2011 c.59 §1]

Source: Section 30.809 — Liability of fraternal organization that provides used eyeglasses or hearing aids , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.210 — OR Code / Title 3 / Chapter 36 / Section 36.210
36.210 Liability of mediators and programs
Status: in_force

(1) Mediators, mediation programs and dispute resolution programs are not civilly liable for any act or omission done or made while engaged in efforts to assist or facilitate a mediation or in providing other dispute resolution services, unless the act or omission was made or done in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another.

(2) Mediators, mediation programs and dispute resolution programs are not civilly liable for the disclosure of a confidential mediation communication unless the disclosure was made in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another.

(3) The limitations on liability provided by this section apply to the officers, directors, employees and agents of mediation programs and dispute resolution programs. [1989 c.718 §24; 1995 c.678 §2; 1997 c.670 §12; 2001 c.72 §1; 2003 c.791 §§22,22a]

Source: Section 36.210 — Liability of mediators and programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.245 — OR Code / Title 3 / Chapter 35 / Section 35.245
35.245 Commencement of action
Status: in_force

(1) If the condemner is unable to agree with or locate the owner of the property under ORS 35.235 (Agreement for compensation) , then an action to condemn property may be commenced in the circuit court of the county in which the property proposed to be condemned, or the greater portion thereof, is located.

(2) An action may be commenced against the person in whose name the record title appears. There may be included as defendants any lessee or other person in possession and all other persons having or claiming an interest in the property. [1971 c.741 §7]

Source: Section 35.245 — Commencement of action; jurisdiction; parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.936 — OR Code / Title 3 / Chapter 30 / Section 30.936
30.936 Immunity from private action based on farming or forest practice on certain lands
Status: in_force

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

(1) No farming or forest practice on lands zoned for farm or forest use shall give rise to any private right of action or claim for relief based on nuisance or trespass.

(2) Subsection (1) of this section shall not apply to a right of action or claim for relief for:

(a) Damage to commercial agricultural products; or

(b) Death or serious physical injury as defined in ORS 161.015 (General definitions) .

(3) Subsection (1) of this section applies regardless of whether the farming or forest practice has undergone any change or interruption. [1993 c.792 §34; 1995 c.547 §8; 1995 c.703 §3; 2001 c.401 §1]

Source: Section 30.936 — Immunity from private action based on farming or forest practice on certain lands; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 33.875 — OR Code / Title 3 / Chapter 33 / Section 33.875
33.875 Limitations on transfers
Status: in_force

(1) The provisions of ORS 33.850 (Definitions for ORS 33.850 to 33.875) to 33.875 (Limitations on transfers) may not be waived by any payee.

(2) A transfer agreement entered into on or after January 1, 2006, by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined under the laws of this state. A transfer agreement may not authorize the transferee or any other party to confess judgment or consent to entry to judgment against the payee.

(3) A transfer of payment rights may not extend to any payments that are life contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the obligor for:

(a) Periodically confirming the payee’s survival.

(b) Giving the annuity issuer and the obligor prompt written notice in the event of the payee’s death.

(4) A payee who proposes to make a transfer of payment rights does not incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or a assignee based on any failure of the transfer to satisfy the conditions of ORS 33.850 (Definitions for ORS 33.850 to 33.875) to 33.875 (Limitations on transfers) .

(5) Nothing in ORS 33.850 (Definitions for ORS 33.850 to 33.875) to 33.875 (Limitations on transfers) shall be construed to authorize a transfer of payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to January 1, 2006, is valid or invalid.

(6) Compliance with the requirements of ORS 33.850 (Definitions for ORS 33.850 to 33.875) to 33.875 (Limitations on transfers) is solely the responsibility of the transferee in any transfer of payment rights, and neither the obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions. [2005 c.173 §6; 2013 c.736 §8]

Source: Section 33.875 — Limitations on transfers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 37.020 — OR Code / Title 3 / Chapter 37 / Section 37.020
37.020 Receivership described
Status: in_force

Receivership is the process by which a court appoints a person to take charge of property during the pendency of an action or upon a judgment or order entered therein and to manage or dispose of the property as the court may direct. [2017 c.358 §2]

Source: Section 37.020 — Receivership described , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 36.740 — OR Code / Title 3 / Chapter 36 / Section 36.740
36.740 Relationship to electronic signatures in Global and National Commerce Act
Status: in_force

The provisions of ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) governing the legal effect, validity and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 and 7002, as in effect on January 1, 2004. [2003 c.598 §30]

Note: See note under 36.600 (Definitions) .

Source: Section 36.740 — Relationship to electronic signatures in Global and National Commerce Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.362 — OR Code / Title 3 / Chapter 34 / Section 34.362
34.362 Contents of petition when person challenges conditions of confinement or deprivation of rights while confined
Status: in_force

If the person is imprisoned or restrained by virtue of any order, judgment or process specified in ORS 34.330 (Who may not prosecute writ) and the person challenges the conditions of confinement or complains of a deprivation of rights while confined, the petition shall:

(1) Comply with requirements of ORS 34.360 (Contents of petition when person challenges authority for confinement) (1), (3), (4) and (5); and

(2) State facts in support of a claim that the person is deprived of a constitutional right that requires immediate judicial attention and for which no other timely remedy is practicably available to the plaintiff. [1991 c.884 §5; 2003 c.576 §313]

Source: Section 34.362 — Contents of petition when person challenges conditions of confinement or deprivation of rights while confined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.130 — OR Code / Title 3 / Chapter 30 / Section 30.130
30.130 Public carriers by aircraft and prospective aircraft purchasers
Status: in_force

ORS 30.115 (Aircraft and watercraft guest passengers) shall not relieve a public carrier by aircraft, or any owner or operator of aircraft while the same is being demonstrated to a prospective purchaser, of responsibility for any injuries sustained by a passenger.

Source: Section 30.130 — Public carriers by aircraft and prospective aircraft purchasers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.802 — OR Code / Title 3 / Chapter 30 / Section 30.802
30.802 Liability for use of automated external defibrillator
Status: in_force

(1) As used in this section:

(a) “Automated external defibrillator” means an automated external defibrillator approved for sale by the federal Food and Drug Administration.

(b) “Public setting” means a location that is:

(A) Accessible to members of the general public, employees, visitors and guests, but that is not a private residence;

(B) A public school facility as defined in ORS 327.365 (Automated external defibrillator grants) ;

(C) A health club as defined in ORS 431A.450 (Automated external defibrillators required at health clubs) ; or

(D) A place of public assembly as defined in ORS 431A.455 (Automated external defibrillators required at places of public assembly) .

(2) A person may not bring a cause of action against another person for damages for injury, death or loss that result from acts or omissions involving the use, attempted use or nonuse of an automated external defibrillator when the other person:

(a) Used or attempted to use an automated external defibrillator;

(b) Was present when an automated external defibrillator was used or should have been used;

(c) Provided training in the use of an automated external defibrillator;

(d) Is a physician, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) , 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 provided services related to the placement or use of an automated external defibrillator; or

(e) Possesses or controls one or more automated external defibrillators placed in a public setting.

(3) The immunity provided by this section does not apply if:

(a) The person against whom the action is brought acted with gross negligence or with reckless, wanton or intentional misconduct; or

(b) The use, attempted use or nonuse of an automated external defibrillator occurred at a location where emergency medical care is regularly available.

(4) Nothing in this section affects the liability of a manufacturer, designer, developer, distributor or supplier of an automated external defibrillator, or an accessory for an automated external defibrillator, under the provisions of ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) or any other applicable state or federal law. [2005 c.551 §1; 2010 c.27 §3; 2014 c.45 §4; 2017 c.356 §3]

Source: Section 30.802 — Liability for use of automated external defibrillator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 33.025 — OR Code / Title 3 / Chapter 33 / Section 33.025
33.025 Nature of contempt power
Status: in_force

(1) The power of a court to impose a remedial or punitive sanction for contempt of court is an inherent judicial power. ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability) establish procedures to govern the exercise of that power.

(2) An entity is liable for contempt if:

(a) The conduct constituting contempt is engaged in by an agent of the entity while acting within the scope of employment and on behalf of the entity;

(b) The conduct constituting contempt consists of an omission to discharge a specific duty of affirmative performance imposed on an entity by a court; or

(c) The conduct constituting contempt is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by a high managerial agent of an entity, the board of directors of a corporation, a manager or member of a limited liability company or a partner in a partnership, acting within the scope of employment and on behalf of the entity.

(3) The high managerial agents of an entity, the board of directors of a corporation, the managers and members of a limited liability company and the partners in a partnership are subject to the contempt powers of a court for contempt by an entity if those persons engage in, authorize, solicit, request, command or knowingly tolerate the conduct constituting contempt.

(4) As used in this section:

(a) “Agent” means a person who is authorized to act on behalf of an entity.

(b) “Entity” has the meaning given that term in ORS 63.001 (Definitions) .

(c) “High managerial agent” means an officer of an entity who exercises authority with respect to the formulation of policy or the supervision in a managerial capacity of subordinate employees, or any other agent in a position of comparable authority.

(d) “Manager” and “member” have the meaning given those terms in ORS 63.001 (Definitions) .

(e) “Partnership” has the meaning given that term in ORS 67.005 (Definitions) . [1991 c.724 §2; 2017 c.153 §1]

Source: Section 33.025 — Nature of contempt power; entity defendants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 33.855 — OR Code / Title 3 / Chapter 33 / Section 33.855
33.855 Transfer of payment rights
Status: in_force

(1) A payee may transfer payment rights under ORS 33.850 (Definitions for ORS 33.850 to 33.875) to 33.875 (Limitations on transfers) if:

(a) The payee is domiciled in this state;

(b) The domicile or principal place of business of the obligor or the annuity issuer is located in this state;

(c) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or

(d) The structured settlement agreement is expressly governed by the laws of this state.

(2) Prior to transferring payment rights under ORS 33.850 (Definitions for ORS 33.850 to 33.875) to 33.875 (Limitations on transfers) , the transferee shall file a petition for approval of the transfer:

(a) In the county in which the payee resides; or

(b) In any court or before any responsible administrative authority in this state that approved the structured settlement agreement.

(3) Not less than 20 days prior to the scheduled hearing on a petition for approval of a transfer of payment rights, the transferee shall send notice of the proposed transfer to:

(a) The payee;

(b) Any beneficiary irrevocably designated under the annuity contract to receive payments following the payee’s death;

(c) The annuity issuer;

(d) The obligor; and

(e) Any other party that has continuing rights or obligations under the structured settlement agreement that is the subject of the hearing.

(4) The notice sent under subsection (3) of this section shall include:

(a) A copy of the transferee’s petition.

(b) A copy of the transfer agreement.

(c) A copy of the disclosure statement provided to the payee as required under ORS 33.860 (Disclosure statement) .

(d) A listing of each person for whom the payee is legally obligated to provide support, including the age of each of those persons.

(e) Notification that any person receiving notice under subsection (3) of this section is entitled to support, oppose or otherwise respond to the transferee’s petition, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing.

(f) Notification of the time and place of the hearing.

(g) Notification of the manner in which and the time by which written responses to the petition must be filed, which shall not be less than 15 days after service of the transferee’s notice, in order to be considered by the court or responsible administrative authority. [2005 c.173 §2; 2013 c.736 §2]

Source: Section 33.855 — Transfer of payment rights; petition; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 34.105 — OR Code / Title 3 / Chapter 34 / Section 34.105
34.105 Definitions for ORS 34.105 to 34.240
Status: in_force

As used in ORS 34.105 (Definitions for ORS 34.105 to 34.240) to 34.240 (Appeal) :

(1) “Adverse party” means a beneficially interested party to a judicial or administrative proceeding from which a mandamus proceeding arises, whose interests are adverse to the relator.

(2) “Counsel for defendant” means the attorney who appears on behalf of the defendant in a mandamus proceeding as provided in ORS 34.130 (Petition for writ) (4).

(3) “Defendant” means the court, corporation, board, officer or person against whom relief is sought in a mandamus proceeding.

(4) “Relator” means the beneficially interested party on whose relation a mandamus proceeding is brought. [1989 c.702 §2]

Source: Section 34.105 — Definitions for ORS 34.105 to 34.240 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.610 — OR Code / Title 3 / Chapter 30 / Section 30.610
30.610 Prosecutor
Status: in_force

The 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) shall be commenced and prosecuted by the district attorney of the district where the same are triable. When the action is upon the relation of a private party, as allowed in ORS 30.510 (Action for usurpation of office or franchise, forfeiture of office or failure to incorporate) , the pleadings on behalf of the state shall be signed by the relator as if the relator were the plaintiff, or otherwise as provided in ORCP 17; in all other cases the pleadings shall be signed by the district attorney in like manner or otherwise as provided in ORCP 17. When an action can only be commenced by leave, as provided in ORS 30.580 (Action to annul corporate existence on leave of court) , the leave shall be granted when it appears by affidavit that the acts or omissions specified in that section have been done or suffered by the corporation. When an action is commenced on the information of a private person, as allowed in ORS 30.510 (Action for usurpation of office or franchise, forfeiture of office or failure to incorporate) , having an interest in the question, such person, for all the purposes of the action, and as to the effect of any judgment that may be given therein, shall be deemed a coplaintiff with the state. [Amended by 1979 c.284 §66]

Source: Section 30.610 — Prosecutor; verification of pleadings; affidavit for leave of court; relator as coplaintiff , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.902 — OR Code / Title 3 / Chapter 30 / Section 30.902
30.902 Products provided by physicians
Status: in_force

A physician licensed pursuant to ORS chapter 677 is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) if the product is provided by the physician to a patient as part of a medical procedure and the physician was not involved in the design or manufacture of the product. [2009 c.485 §9]

Source: Section 30.902 — Products provided by physicians , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 28.010 — OR Code / Title 3 / Chapter 28 / Section 28.010
28.010 Power of courts
Status: in_force

Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment is prayed for. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a judgment. [Amended by 2003 c.576 §302]

Source: Section 28.010 — Power of courts; form of declaration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.274 — OR Code / Title 3 / Chapter 30 / Section 30.274
30.274 Direct appeal of constitutionality of limitations
Status: in_force

(1) At the request of any party to an action under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , the court shall enter a limited judgment that is limited to the issue of the application of the limitations imposed by ORS 30.271 (Limitations on liability of state for personal injury and death) , 30.272 (Limitations on liability of local public bodies for personal injury and death) or 30.273 (Limitations on liability of public bodies for property damage or destruction) . A limited judgment may be entered under this section only after:

(a) The parties have stipulated to the total damages in the action; or

(b) The finder of fact has decided the total damages in the action.

(2) If a limited judgment is entered under this section, the court may not enter a general judgment until an appellate judgment on any appeal of the limited judgment has been entered.

(3) A limited judgment entered under this section may be appealed only by filing a notice of appeal directly with the Supreme Court within the time and in the manner specified in ORS chapter 19 for civil appeals to the Court of Appeals. Any party filing a notice of appeal under this subsection must note in the notice of appeal that the case is subject to this subsection.

(4) An appeal filed under this section may not raise any issue relating to the case other than the application of a limitation imposed under ORS 30.271 (Limitations on liability of state for personal injury and death) , 30.272 (Limitations on liability of local public bodies for personal injury and death) or 30.273 (Limitations on liability of public bodies for property damage or destruction) .

(5) If a limited judgment is not requested under this section, a party may seek judicial review of the imposition of any of the limitations under ORS 30.271 (Limitations on liability of state for personal injury and death) , 30.272 (Limitations on liability of local public bodies for personal injury and death) or 30.273 (Limitations on liability of public bodies for property damage or destruction) in an appeal from the general judgment in the action. [2009 c.67 §6]

Note: See note under 30.269 (Limitations on awards under Oregon Tort Claims Act generally) .

Source: Section 30.274 — Direct appeal of constitutionality of limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.192 — OR Code / Title 3 / Chapter 30 / Section 30.192
30.192 Definitions for ORS 30.192 to 30.196
Status: in_force

As used in ORS 30.192 (Definitions for ORS 30.192 to 30.196) to 30.196 (Amount recoverable) :

(1) “Cable operator” means a person who:

(a) Lawfully provides cable service over a cable system in which the person, directly or through one or more affiliates, owns a significant interest; or

(b) Lawfully controls or is responsible for the management and operation of a cable system through an arrangement.

(2) “Cable service” means:

(a) One-way transmission to subscribers of a video programming service;

(b) Two-way interactive services delivered over a cable system; or

(c) Any communication with subscribers necessary for the use of video programming or interactive service.

(3) “Cable system” means a facility consisting of closed transmission paths and associated signal operation, reception and control equipment that is designed to provide cable service. [1999 c.705 §1]

Source: Section 30.192 — Definitions for ORS 30.192 to 30.196 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 28.235 — OR Code / Title 3 / Chapter 28 / Section 28.235
28.235 Certification to another state
Status: in_force

The Supreme Court or the Court of Appeals of this state, on their own motion or the motion of any party, may order certification of questions of law to the highest court of any state when it appears to the certifying court that there are involved in any proceeding before the court questions of law of the receiving state which may be determinative of the cause then pending in the certifying court and it appears to the certifying court that there are no controlling precedents in the decisions of the highest court or intermediate appellate courts of the receiving state. [1983 c.103 §8]

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

Source: Section 28.235 — Certification to another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.135 — OR Code / Title 3 / Chapter 30 / Section 30.135
30.135 Liability of certain persons that lend, rent, donate use of, make available for test drive or otherwise provide motor vehicle
Status: in_force

(1) Subject to the provisions of this section, a person that lends, rents, donates use of, makes available for test drive or otherwise provides a motor vehicle, as defined in ORS 801.360 (“Motor vehicle.”) , to another person is not liable for any injury, death or damage that arises out of the use of that motor vehicle by the other person, unless the person providing the motor vehicle is negligent in maintaining the motor vehicle or in providing the motor vehicle and the injury, death or damage results from that negligence.

(2) The limitation on liability provided by this section applies only if the person providing the motor vehicle is engaged in the business of selling, renting, leasing or repairing motor vehicles and the motor vehicle is provided to another person in the course of that business.

(3) The limitation on liability provided by this section applies only if there is a written agreement between the person providing the motor vehicle and the person receiving the motor vehicle, and the agreement specifically indicates that the person receiving the motor vehicle is liable for any injury, death or damage arising out of the use of the motor vehicle. The limitation on liability provided by this section applies to injury, death or damage suffered during the period specified in the written agreement, or until the return of the motor vehicle, whichever is later.

(4) The limitation on liability provided by this section applies without regard to whether the motor vehicle is provided for consideration or is provided without charge.

(5) Nothing in this section affects the liability of a manufacturer, distributor, seller or lessor of a product under the provisions of ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) .

(6) Nothing in this section increases, reduces or relates to those obligations that a self-insurer may choose to undertake pursuant to ORS 806.130 (Self-insurance) . Nothing in ORS 806.130 (Self-insurance) increases, reduces or relates to the limitations of this section. [1999 c.438 §1; 2001 c.291 §1; 2003 c.331 §1; 2007 c.287 §4]

Source: Section 30.135 — Liability of certain persons that lend, rent, donate use of, make available for test drive or otherwise provide motor vehicle , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.230 — OR Code / Title 3 / Chapter 37 / Section 37.230
37.230 Utility service
Status: in_force

(1) A utility providing service to estate property may not alter, refuse or discontinue service to the property without first giving the receiver 14 days’ notice of any default or intention to alter, refuse or discontinue service to estate property.

(2) Nothing in this section precludes the court from prohibiting the alteration or cessation of utility service if the receiver can furnish adequate assurance of payment, in the form of deposit or other security, for service to be provided after entry of the order appointing the receiver. [2017 c.358 §23]

Source: Section 37.230 — Utility service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 34.712 — OR Code / Title 3 / Chapter 34 / Section 34.712
34.712 Summary affirmation of judgment on appeal
Status: in_force

In reviewing the judgment of any court under ORS 34.310 (Purpose of writ) to 34.730 (Forfeiture for refusing copy of order or process) , the Court of Appeals, on its own motion or on the motion of the defendant, may summarily affirm, without oral argument, the judgment after submission of the appellant’s brief and without submission of the defendant’s brief if the court finds that no substantial question of law is presented by the appeal. Notwithstanding ORS 2.570 (Departments of court) , the Chief Judge of the Court of Appeals may deny or, if the plaintiff does not oppose the motion, grant a defendant’s motion for summary affirmation. A dismissal of appeal under this section constitutes a decision upon the merits of the appeal. [1995 c.294 §3; 1999 c.114 §7]

Source: Section 34.712 — Summary affirmation of judgment on appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 33.857 — OR Code / Title 3 / Chapter 33 / Section 33.857
33.857 Contents of petition
Status: in_force

(1) A petition for approval of a transfer of payment rights filed under ORS 33.855 (Transfer of payment rights) must:

(a) Include the payee’s name, age and county of residence.

(b) Describe the financial terms of the proposed transfer, including the payment rights to be transferred by the payee and the amount to be received by the payee in return for the transfer.

(c) Be accompanied by a copy of the transfer agreement.

(d) Be accompanied by a copy of the disclosure statement required under ORS 33.860 (Disclosure statement) , and the signature of the payee acknowledging the payee’s receipt of the disclosure statement.

(e) Generally describe the reasons why the payee seeks to transfer the payment rights.

(f) Be accompanied by a declaration under penalty of perjury by the payee:

(A) Stating whether the payee depends on structured settlement payments or government benefits for the payee’s necessary living expenses or required medical care and treatment.

(B) Stating whether the payee personally sustained physical injuries or sickness in connection with the incident from which the structured settlement arose and whether the injuries or sickness currently prevents the payee from working or substantially limits the work that the payee can perform.

(C) Providing a summary of:

(i) Any prior transfers of structured settlement payments by the payee to the transferee within the five years preceding the date of the pending transfer agreement.

(ii) Any prior transfers of structured settlement payments by the payee to a person other than the transferee within the five years preceding the date of the pending transfer agreement.

(iii) Any attempted prior transfers of structured settlement payments by the payee to the transferee or to a person other than the transferee within the year preceding the date of the pending transfer agreement, including any prior attempted transfers that were denied or that were dismissed or withdrawn prior to a decision on the merits of the transfer.

(D) If the payee has minor children, stating whether the payee is currently obligated to pay child support under any child support order, and whether the payee is current or in arrears under any child support order.

(2) Intentionally left blank —Ed.

(a) If the summaries required under subsection (1)(f) of this section describe any prior transfers or attempted transfers of structured settlement payments, the transferee shall, at or before the hearing on the petition:

(A) Provide to the court or responsible administrative authority a copy of the court orders approving, denying or otherwise relating to the transfers or attempted transfers involving the transferee; and

(B) Request from the payee or the annuity issuer or obligor under the structured settlement agreement copies of any court orders relating to any transfer or attempted transfer involving the payee and any other party and, if any orders are provided to the transferee, provide a copy of the orders to the court or responsible administrative authority at or before the hearing on the petition.

(b) The inability of the transferee or payee to provide copies of court orders under this subsection does not preclude the court or responsible administrative authority from approving the proposed transfer, if the court or authority determines that the court orders are not available to the transferee or payee after the transferee and payee have made reasonable requests to obtain the court orders. [2013 c.736 §4]

Source: Section 33.857 — Contents of petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 34.640 — OR Code / Title 3 / Chapter 34 / Section 34.640
34.640 Custody of party pending proceedings
Status: in_force

Until judgment is given upon the return, the party may either be committed to the custody of the sheriff of the county, or placed in such care or custody as age and other circumstances may require.

Source: Section 34.640 — Custody of party pending proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.010 — OR Code / Title 3 / Chapter 30 / Section 30.010
30.010 Who may maintain action for injury or death of child
Status: in_force

(1) A parent having custody of a child of the parent may maintain an action for the injury of the child.

(2) A parent may recover damages for the death of a child of the parent only under ORS 30.020 (Action for wrongful death) . [Amended by 1961 c.344 §102; 1973 c.718 §1; 2003 c.14 §16]

Source: Section 30.010 — Who may maintain action for injury or death of child , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).