ORS § 35.365 — OR Code / Title 3 / Chapter 35 / Section 35.365
35.365 Effect of withdrawal of award
Status: in_force

If the defendant withdraws the compensation awarded by the court or jury, the defendant waives the right of appeal; and, if the defendant does not, such sum shall remain in the control of the court, to abide the event of the appeal. If an unknown owner of the property or other defendant does not appear and claim the sum, it shall be invested for the benefit of whom it may concern, as in case of unclaimed moneys in the sale and partition of lands. [1971 c.741 §20]

Source: Section 35.365 — Effect of withdrawal of award; disposition of award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 36.650 — OR Code / Title 3 / Chapter 36 / Section 36.650
36.650 Disclosure by arbitrator
Status: in_force

(1) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators in the arbitration proceeding any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:

(a) A financial or personal interest in the outcome of the arbitration proceeding; and

(b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator in the proceeding.

(2) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators in the proceeding any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.

(3) If an arbitrator discloses a fact required by subsection (1) or (2) of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under ORS 36.705 (Vacating award) (1)(b) for vacating an award made by the arbitrator.

(4) If the arbitrator did not disclose a fact as required by subsection (1) or (2) of this section, upon timely objection by a party, the court under ORS 36.705 (Vacating award) (1)(b) may vacate an award.

(5) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party, the party’s counsel or representatives, a witness or another arbitrator in the proceeding is presumed to act with evident partiality under ORS 36.705 (Vacating award) (1)(b).

(6) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a petition to vacate an award on that ground under ORS 36.705 (Vacating award) (1)(b). [2003 c.598 §12]

Note: See note under 36.600 (Definitions) .

Source: Section 36.650 — Disclosure by arbitrator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.015 — OR Code / Title 3 / Chapter 35 / Section 35.015
35.015 Prohibition on condemnation of certain properties with intent to convey property to private party
Status: in_force

(1) Except as otherwise provided in this section, a public body as defined in ORS 174.109 (“Public body” defined) may not condemn private real property used as a residence, business establishment, farm or forest operation if at the time of the condemnation the public body intends to convey fee title to all or a portion of the real property, or a lesser interest than fee title, to another private party.

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

(a) Improved or unimproved real property that constitutes a danger to the health or safety of the community by reason of contamination, dilapidated structures, improper or insufficient water or sanitary facilities, or any combination of these factors;

(b) Any timber, crops, topsoil, gravel or fixtures to be removed from the real property being condemned; or

(c) Real property condemned for maintenance, improvement, or construction of transportation facilities, transportation systems, utility facilities or utility transmission systems.

(3) Subsection (1) of this section does not prohibit a public body from leasing a portion of a public facility to a privately owned business for the provision of retail services designed primarily to serve the patrons of the public facility.

(4) A public body as defined in ORS 174.109 (“Public body” defined) may at any time publish notice that the public body intends to consider condemnation of a lot or parcel. If the public body publishes notice under this subsection, subsection (1) of this section does not apply for such time necessary to provide the public body reasonable opportunity to condemn the property, if the lot or parcel is conveyed by the owner of the lot or parcel to another private party after the notice is published, but prior to the time the property is condemned.

(5) Subsection (1) of this section does not affect the ability of a public body as defined in ORS 174.109 (“Public body” defined) to make a conveyance of a nonpossessory interest in condemned property for the purpose of financing acquisition of the property.

(6) A court shall independently determine whether a taking of property complies with the requirements of this section, without deference to any determination made by the public body. If a court determines that a taking of property does not comply with the requirements of this section, the owner of the lot or parcel that is the subject of the condemnation proceeding shall be entitled to reasonable attorney fees, expenses, costs and other disbursements reasonably incurred to defend against the proposed condemnation. [2007 c.1 §2; 2009 c.11 §6]

Source: Section 35.015 — Prohibition on condemnation of certain properties with intent to convey property to private party; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 37.400 — OR Code / Title 3 / Chapter 37 / Section 37.400
37.400 Removal of receiver
Status: in_force

(1) On motion of the owner, the receiver or any creditor, or on the court’s own motion, the court shall remove a receiver if the receiver resigns or refuses or fails to serve for any reason, or for other good cause.

(2) Upon removal of the receiver, the court shall appoint a successor receiver if the court determines that further administration of the estate is required. Upon appointment, the successor receiver immediately takes possession of the estate and assumes the duties of receiver.

(3) If the court is satisfied that a replaced receiver has fully accounted for and turned over to the successor receiver all of the property of the estate and has filed a report of all receipts and disbursements during the person’s tenure as receiver, the court shall, after notice to all persons on the special notice list and hearing, enter an order discharging the replaced receiver from all further duties and responsibilities as receiver. [2017 c.358 §40]

Source: Section 37.400 — Removal of receiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 35.275 — OR Code / Title 3 / Chapter 35 / Section 35.275
35.275 Advance occupancy by private condemner
Status: in_force

(1) At any time after an action is commenced to acquire any property, a private condemner may apply to the court for an order to occupy the property to be condemned and to make use of the property for the purposes for which it is being appropriated.

(2) At the hearing on the motion, the court shall determine the reasons for requiring a speedy occupation. The court shall grant the motion if, giving consideration to the public interest involved, it finds that the interests of the owners will be adequately protected. The court may make such provisions or orders as necessary, so that the advance taking or an advance payment, as provided by subsection (3) of this section, will not be prejudicial to either party.

(3) Intentionally left blank —Ed.

(a) If an order to occupy the property is granted, it may also require the private condemner to deposit with the court either such sum as the court finds reasonable on account of just compensation to be awarded or to deposit a surety bond in an amount and with such surety as the court may approve. The surety bond shall be conditioned to the effect that the private condemner shall pay to the owners of the property just compensation for the property taken or restitution, if any, and costs, disbursements and reasonable attorney fees as finally determined.

(b) After an order to occupy is entered, if it appears necessary in order to protect the interests of the owners of the property, the court at any time may require the private condemner to deposit with the court an additional bond or sum on account of just compensation to be awarded.

(c) Evidence as to the finding of the court regarding the amount of such bond or deposit shall not be admissible at the trial of just compensation. [1971 c.741 §11]

Source: Section 35.275 — Advance occupancy by private condemner; hearing; deposit or bond; effect of size of bond or deposit on amount of just compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 33.460 — OR Code / Title 3 / Chapter 33 / Section 33.460
33.460 Jurisdiction
Status: in_force

(1) Application for legal change of sex of a person may be heard and determined by any circuit court in this state. A circuit court may order a legal change of sex and enter a judgment indicating the change of sex if the individual attests that the individual has undergone surgical, hormonal or other treatment appropriate for the individual for the purpose of affirming gender identity.

(2) The court may order a legal change of sex and enter the judgment in the same manner as that provided for change of name of a person under ORS 33.410 (Jurisdiction) .

(3) Application for simultaneous change of name and legal change of sex may be heard and determined by any circuit court in this state. If a person applies for a change of name under ORS 33.410 (Jurisdiction) at the time the person applies for a legal change of sex under this section, the court may order change of name and legal change of sex at the same time and in the same proceeding. [1981 c.221 §1; 1997 c.872 §23; 2003 c.576 §309; 2013 c.366 §52; 2017 c.100 §3; 2021 c.274 §3]

Source: Section 33.460 — Jurisdiction; grounds; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 30.915 — OR Code / Title 3 / Chapter 30 / Section 30.915
30.915 Defenses
Status: in_force

It shall be a defense to a product liability civil action that an alteration or modification of a product occurred under the following circumstances:

(1) The alteration or modification was made without the consent of or was made not in accordance with the instructions or specifications of the manufacturer, distributor, seller or lessor;

(2) The alteration or modification was a substantial contributing factor to the personal injury, death or property damage; and

(3) If the alteration or modification was reasonably foreseeable, the manufacturer, distributor, seller or lessor gave adequate warning. [1977 c.843 §4]

Source: Section 30.915 — Defenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.807 — OR Code / Title 3 / Chapter 30 / Section 30.807
30.807 Liability for emergency transportation assistance
Status: in_force

(1) No person shall maintain an action for damages for injury, death or loss that results from acts or omissions in rendering emergency transportation assistance unless it is alleged and proved by the complaining party that the person rendering emergency transportation assistance was grossly negligent. The provisions of this section apply only to a person who provides emergency transportation assistance without compensation.

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

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

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

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

(d) Which may include directions on the transportation provided through means of radio or telecommunications by a medically trained person who practices in a hospital, as defined in ORS 442.015 (Definitions) and who is not at the location of the injured or ill person. [1987 c.915 §10; 1997 c.242 §2]

Source: Section 30.807 — Liability for emergency transportation assistance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 28.160 — OR Code / Title 3 / Chapter 28 / Section 28.160
28.160 Short title
Status: in_force

This chapter may be cited as the “Uniform Declaratory Judgments Act.”

Source: Section 28.160 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 28.020 — OR Code / Title 3 / Chapter 28 / Section 28.020
28.020 Declarations as to writings and laws
Status: in_force

Any person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status or other legal relations are affected by a constitution, statute, municipal charter, ordinance, contract or franchise may have determined any question of construction or validity arising under any such instrument, constitution, statute, municipal charter, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

Source: Section 28.020 — Declarations as to writings and laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 31.150 — OR Code / Title 3 / Chapter 31 / Section 31.150
31.150 Special motion to strike
Status: in_force

"Our Anti-SLAPP law in Massachusetts is quite limited as these things go, focused narrowly on claims asserted based on one’s “exercise of its right of petition under the constitution of the United States or of the commonwealth.”" Bibliographic info

(1) A defendant may make a special motion to strike against a claim in a civil action described in subsection (2) of this section. The court shall grant the motion unless the plaintiff establishes in the manner provided by subsection (4) of this section that there is a probability that the plaintiff will prevail on the claim. The special motion to strike shall be treated as a motion to dismiss under ORCP 21 A but shall not be subject to ORCP 21 F. Upon granting the special motion to strike, the court shall enter a judgment of dismissal without prejudice. If the court denies a special motion to strike, the court shall enter a limited judgment denying the motion.

(2) A special motion to strike may be made under this section against any claim in a civil action that arises out of:

(a) Any oral statement made, or written statement or other document submitted, in a legislative, executive or judicial proceeding or other proceeding authorized by law;

(b) Any oral statement made, or written statement or other document submitted, in connection with an issue under consideration or review by a legislative, executive or judicial body or other proceeding authorized by law;

(c) Any oral statement made, or written statement or other document presented, in a place open to the public or a public forum in connection with an issue of public interest; or

(d) Any other conduct in furtherance of the exercise of the constitutional right of assembly, petition or association or the constitutional right of free speech or freedom of the press in connection with a public issue or an issue of public interest.

(3) A special motion to strike may not be made against a claim under this section against a person primarily engaged in the business of selling or leasing goods or services if the claim arises out of a communication related to the person’s sale or lease of the goods or services.

(4) A defendant making a special motion to strike under the provisions of this section has the initial burden of making a prima facie showing that the claim against which the motion is made arises out of a statement, document or conduct described in subsection (2) of this section. If the defendant meets this burden, the burden shifts to the plaintiff in the action to establish that there is a probability that the plaintiff will prevail on the claim by presenting substantial evidence to support a prima facie case. If the plaintiff meets this burden, the court shall deny the motion.

(5) In making a determination under subsection (1) of this section, the court shall consider pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.

(6) If the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim:

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

(b) The determination does not affect the burden of proof or standard of proof that is applied in the proceeding. [Formerly 30.142; 2009 c.449 §1; 2023 c.71 §1]

Source: Section 31.150 — Special motion to strike; when available; burden of proof , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 34.355 — OR Code / Title 3 / Chapter 34 / Section 34.355
34.355 Appointment of counsel
Status: in_force

If counsel is appointed by a court to represent, in an initial proceeding by habeas corpus or on appeal as provided in ORS 34.710 (Appeal) , a person who is imprisoned or otherwise restrained of liberty by virtue of a charge or conviction of crime and who is determined to be financially eligible for appointed counsel at state expense, the executive director of the Oregon Public Defense Commission shall determine compensation for counsel and costs and expenses of the person in the proceeding or on appeal. Compensation for counsel and expenses of the person in an initial proceeding or in a circuit court on appeal shall be determined and paid as provided in ORS 135.055 (Compensation and expenses of appointed counsel) . Compensation for counsel and costs and expenses of the person on appeal to the Court of Appeals or on review by the Supreme Court shall be determined and paid as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) . The compensation and expenses so allowed in an initial proceeding in a county court shall be paid by the county in which the person was charged or convicted of crime. [1979 c.867 §17; 1981 s.s. c.3 §128; 1985 c.502 §21; 2001 c.962 §64; 2023 c.281 §17]

Source: Section 34.355 — Appointment of counsel; compensation and costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.040 — OR Code / Title 3 / Chapter 30 / Section 30.040
30.040 Apportionment among dependents upon settlement
Status: in_force

Except when all beneficiaries otherwise agree, if settlement, with or without action, is effected and there is more than one beneficiary, the amount to be distributed to each beneficiary as recovery for loss described in ORS 30.020 (Action for wrongful death) (2)(d) shall be apportioned by the probate court to each beneficiary in accordance with the beneficiary’s loss. [Amended by 1973 c.718 §4]

Source: Section 30.040 — Apportionment among dependents upon settlement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.508 — OR Code / Title 3 / Chapter 36 / Section 36.508
36.508 Choice of laws
Status: in_force

(1) The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute.

(2) Any designation by the parties of the law or legal system of a given country or political subdivision thereof shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules.

(3) Failing any designation of the law under subsection (1) of this section by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute.

(4) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur if the parties have expressly authorized it to do so.

(5) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction. [1991 c.405 §31]

Source: Section 36.508 — Choice of laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 33.045 — OR Code / Title 3 / Chapter 33 / Section 33.045
33.045 Types of sanctions
Status: in_force

(1) A court may impose either remedial or punitive sanctions for contempt.

(2) Confinement may be remedial or punitive. The sanction is:

(a) Remedial if it continues or accumulates until the defendant complies with the court’s order or judgment.

(b) Punitive if it is for a definite period that will not be reduced even if the defendant complies with the court’s order or judgment.

(3) A fine may be remedial or punitive. A fine is:

(a) Punitive if it is for a past contempt.

(b) Remedial if it is for continuing contempt and the fine accumulates until the defendant complies with the court’s judgment or order or if the fine may be partially or entirely forgiven when the defendant complies with the court’s judgment or order.

(4) Any sanction requiring payment of amounts to one of the parties to a proceeding is remedial.

(5) Any sanction imposed by a court for contempt is in addition to any civil remedy or criminal sanction that may be available as a result of the conduct constituting contempt. In any civil or criminal proceedings arising out of the conduct constituting contempt, the court shall take into consideration any contempt sanctions previously imposed for the same act. [1991 c.724 §4]

Source: Section 33.045 — Types of sanctions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 36.496 — OR Code / Title 3 / Chapter 36 / Section 36.496
36.496 Language used in proceedings
Status: in_force

(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. If the parties do not agree, the arbitral tribunal shall determine the language or languages to be used in the proceedings. Unless otherwise specified therein, this agreement or determination shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.

(2) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal. [1991 c.405 §25]

Source: Section 36.496 — Language used in proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.240 — OR Code / Title 3 / Chapter 30 / Section 30.240
30.240 Subsequent delinquencies on same bond
Status: in_force

A judgment in favor of a party for one delinquency shall not preclude the same or another party from maintaining another action on the same undertaking or security for another delinquency.

Source: Section 30.240 — Subsequent delinquencies on same bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 33.870 — OR Code / Title 3 / Chapter 33 / Section 33.870
33.870 Liability of parties after transfer
Status: in_force

Following a transfer of payment rights under ORS 33.850 (Definitions for ORS 33.850 to 33.875) to 33.875 (Limitations on transfers) :

(1) The obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from all liability for the transferred payments.

(2) The transferee shall be liable to the obligor and the annuity issuer:

(a) If the transfer contravenes the terms of the structured settlement agreement, for any taxes incurred by the parties as a consequence of the transfer; and

(b) For any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee’s failure to comply with ORS 33.850 (Definitions for ORS 33.850 to 33.875) to 33.875 (Limitations on transfers) .

(3) An annuity issuer or an obligor may not be required to divide any periodic payments between the payee and any transferee or assignee or between two or more transferees or assignees.

(4) Any further transfer of payment rights by the payee may be made only after compliance with all of the requirements of ORS 33.850 (Definitions for ORS 33.850 to 33.875) to 33.875 (Limitations on transfers) . [2005 c.173 §5]

Source: Section 33.870 — Liability of parties after transfer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 36.268 — OR Code / Title 3 / Chapter 36 / Section 36.268
36.268 Provision of mediation services contingent on funding
Status: in_force

The duty of the State Department of Agriculture and the Director of Agriculture to provide 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) is contingent upon the existence and the level of funding specifically made available to carry out that duty. Should continuation of mediation services be threatened for lack of funding, the department shall proceed with all diligence to secure additional funds, including but not limited to requesting an additional allocation of funds from the Emergency Board. [1993 c.163 §2]

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

Source: Section 36.268 — Provision of mediation services contingent on funding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.145 — OR Code / Title 3 / Chapter 30 / Section 30.145
30.145 Certain provisions relating to waivers in construction agreements void
Status: in_force

(1) Except as provided in this section, a provision in a construction agreement is void to the extent that the provision requires a party or the party’s surety or insurer to waive a right of subrogation, indemnity or contribution for amounts paid by reason of death or bodily injury, or damage to property, caused in whole or in part by the negligence of another person.

(2) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in an insurance policy issued pursuant to ORS 737.602 (Authorization for insurance for certain projects) or to a provision for waiver of subrogation, indemnity or contribution that applies to proceeds of a property insurance policy.

(3) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in a 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, designing, constructing, altering, repairing, improving or maintaining, as long as the predominant purpose of the lease or rental agreement is not planning, designing, constructing, altering, repairing, improving or maintaining real property.

(4) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in a personal property lease or rental agreement.

(5) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in a construction agreement in which one of the parties is a railroad as defined in ORS 824.200 (Definitions for 824.200 to 824.256) .

(6) As used in this section, “construction agreement” has the meaning given that term in ORS 30.140 (Certain indemnification provisions in construction agreement void) . [2011 c.518 §1]

Source: Section 30.145 — Certain provisions relating to waivers in construction agreements void , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.822 — OR Code / Title 3 / Chapter 30 / Section 30.822
30.822 Action for theft of or injury to search and rescue animal or therapy animal
Status: in_force

(1) In addition to and not in lieu of any other penalty provided by state law, the owner of a search and rescue animal or a therapy animal, as defined in ORS 167.352 (Interfering with an assistance, a search and rescue or a therapy animal) , may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the search and rescue animal or therapy animal. The owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks a search and rescue animal or therapy animal. The action authorized by this subsection may be brought by the owner even if the search and rescue or therapy animal was in the custody or under the supervision of another person when the theft or attack occurred.

(2) If the theft of or unprovoked attack on a search and rescue animal or therapy animal described in subsection (1) of this section results in the death of the animal or the animal is not returned or if injuries sustained in the theft or attack prevent the animal from returning to service as a search and rescue animal or therapy animal, the measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained animal, without any differentiation for the age or the experience of the animal.

(3) If the theft of or unprovoked attack on a search and rescue animal or therapy animal described in subsection (1) of this section results in injuries from which the animal recovers and returns to service, or if the animal is stolen and is recovered and returns to service, the measure of economic damages shall include, but need not be limited to, the costs of temporary replacement services, veterinary medical expenses and any other costs and expenses incurred by the owner as a result of the theft of or injury to the animal.

(4) No cause of action arises under this section if the owner or the person having custody or supervision of the search and rescue animal or therapy animal was committing a criminal or civil trespass at the time of the attack on the animal.

(5) The court may award reasonable attorney fees to the prevailing party in an action under this section. [1993 c.312 §4; 1995 c.618 §26]

Source: Section 30.822 — Action for theft of or injury to search and rescue animal or therapy animal; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.100 — OR Code / Title 3 / Chapter 34 / Section 34.100
34.100 Power of court on review
Status: in_force

Upon the review, the court shall have power to affirm, modify, reverse or annul the decision or determination reviewed, and if necessary, to award restitution to the plaintiff, or to direct the inferior court, officer, or tribunal to proceed in the matter reviewed according to its decision. From the judgment of the circuit court on review, an appeal may be taken in like manner and with like effect as from a judgment of a circuit court in an action. [Amended by 1973 c.197 §2; 1981 c.178 §2]

Source: Section 34.100 — Power of court on review; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.182 — OR Code / Title 3 / Chapter 30 / Section 30.182
30.182 Civil action for taking of or tampering with utility services
Status: in_force

A utility may bring a civil action for damages against any person who knowingly and willfully commits, authorizes, solicits, aids, abets or attempts to:

(1) Divert, or cause to be diverted, utility services by any means whatsoever;

(2) Make, or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility;

(3) Prevent any utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;

(4) Tamper with any property owned or used by the utility to provide utility services; or

(5) Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the utility. [1989 c.670 §1]

Source: Section 30.182 — Civil action for taking of or tampering with utility services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.720 — OR Code / Title 3 / Chapter 34 / Section 34.720
34.720 Imprisonment after discharge
Status: in_force

A person who has been finally discharged upon a proceeding by habeas corpus may not again be imprisoned, restrained or kept in custody for the same cause. A person is not deemed to be imprisoned, restrained or kept in custody for the same cause if:

(1) The person has been discharged from a commitment on a criminal charge, and afterwards is committed for the same offense by the legal order or process of the court wherein the person is bound by a release agreement or has deposited security, or in which the person is indicted or convicted for the same offense;

(2) After a judgment of discharge for a defect of evidence or for a material defect in the commitment, in a criminal case, the party again is arrested on sufficient evidence, and committed by legal process for the same offense;

(3) In a civil action or suit, the party has been discharged for illegality in the judgment or process, and afterwards is imprisoned for the same cause of action or suit; or

(4) In a civil action or suit, the person has been discharged from commitment on a writ of arrest, and afterwards is committed on execution, in the same action or suit, or on a writ of arrest in another action or suit, after the dismissal of the first one. [Amended by 1973 c.836 §325; 2003 c.14 §17; 2003 c.576 §316]

Source: Section 34.720 — Imprisonment after discharge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.938 — OR Code / Title 3 / Chapter 30 / Section 30.938
30.938 Attorney fees and costs
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

In any action or claim for relief alleging nuisance or trespass and arising from a practice that is alleged by either party to be a farming or forest practice, the prevailing party shall be entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal. [1993 c.792 §36]

Source: Section 30.938 — Attorney fees and costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.190 — OR Code / Title 3 / Chapter 36 / Section 36.190
36.190 Stipulation to mediation
Status: in_force

(1) On written stipulation of all parties at any time prior to trial, the parties may elect to mediate their civil dispute under the terms and conditions of ORS 36.185 (Referral of civil dispute to mediation) to 36.210 (Liability of mediators and programs) .

(2) Upon referral or election to mediate, the parties shall select a mediator by written stipulation or shall follow procedures for assignment of a mediator from the court’s panel of mediators.

(3) During the period of any referred or elected mediation under ORS 36.185 (Referral of civil dispute to mediation) to 36.210 (Liability of mediators and programs) , all trial and discovery timelines and requirements shall be tolled and stayed as to the participants. Such tolling shall commence on the date of the referral or election to mediate and shall end on the date the court is notified in writing of the termination of the mediation by the mediator or one party requests the case be put back on the docket. All time limits and schedules shall be tolled, except that a judge shall have discretion to adhere to preexisting pretrial order dates, trial dates or dates relating to temporary relief. [1989 c.718 §20]

Source: Section 36.190 — Stipulation to mediation; selection of mediator; stay of proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.940 — OR Code / Title 3 / Chapter 30 / Section 30.940
30.940 Effect on other remedies
Status: in_force

The provisions of ORS 30.930 (Definitions for ORS 30.930 to 30.947) to 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses) shall not impair the right of any person or governmental body to pursue any remedy authorized by law that concerns matters other than a nuisance or trespass. [1981 c.716 §3; 1985 c.565 §5; 1993 c.792 §39]

Source: Section 30.940 — Effect on other remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.615 — OR Code / Title 3 / Chapter 35 / Section 35.615
35.615 Restrictions on future use of property acquired adjacent to roadway
Status: in_force

After an appropriation of land and property authorized by ORS 35.605 (Authorization to acquire adjoining property for roadways) has been made, the land and property so appropriated adjoining the boundaries of any road, street or highway and not actually occupied by the road, street or highway, may, by appropriate ordinance or resolution, be declared subject to and burdened with the restrictions upon the future use and occupation thereof that are considered necessary for protecting the full use and enjoyment by the public of the road, street or highway. Such land and property may thereafter be sold by the condemner subject to the declared restrictions and the proceeds of the sale applied and accounted for as may be provided by the charter, charter ordinances or ordinances of, or law governing the condemner. The deed or other conveyance of such land and property shall contain the restrictions and all such land and property shall be sold, burdened with and subject to the restrictions. [Formerly 281.530]

Source: Section 35.615 — Restrictions on future use of property acquired adjacent to roadway , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 31.215 — OR Code / Title 3 / Chapter 31 / Section 31.215
31.215 Publication of correction or retraction upon demand
Status: in_force

(1) The demand for correction or retraction shall be in writing, signed by the defamed person or the attorney of the person and be delivered to the publisher of the defamatory statement, either personally, by registered mail or by certified mail with return receipt at the publisher’s place of business or residence within 20 days after the defamed person receives actual knowledge of the defamatory statement. The demand shall specify which statements are false and defamatory and request that they be corrected or retracted. The demand may also refer to the sources from which the true facts may be ascertained with accuracy.

(2) The publisher of the defamatory statement shall have not more than two weeks after receipt of the demand for correction or retraction in which to investigate the demand; and, after making such investigation, the publisher shall publish the correction or retraction in:

(a) The first issue thereafter published, in the case of newspapers, magazines or other printed periodicals.

(b) The first broadcast or telecast thereafter made, in the case of radio or television stations.

(c) The first public exhibition thereafter made, in the case of motion picture theaters.

(3) The correction or retraction shall consist of a statement by the publisher substantially to the effect that the defamatory statements previously made are not factually supported and that the publisher regrets the original publication thereof.

(4) The correction or retraction shall be published in substantially as conspicuous a manner as the defamatory statement. [Formerly 30.165]

Source: Section 31.215 — Publication of correction or retraction upon demand , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 31.278 — OR Code / Title 3 / Chapter 31 / Section 31.278
31.278 Use of information relating to notice of adverse health care incident
Status: in_force

(1) The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under ORS 31.262 (Notice of adverse health care incident) to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in ORS 31.276 (Duties of Oregon Patient Safety Commission) . Information disclosed under this subsection may not identify a health care facility, health care provider or patient involved in the adverse health care incident.

(2) The commission may not disclose any information provided pursuant to a discussion under ORS 31.264 (Discussion of adverse health care incident) to a regulatory agency or licensing board.

(3) The commission may use and disclose information provided pursuant to a discussion under ORS 31.264 (Discussion of adverse health care incident) as necessary to assist a health care facility or health care provider involved in an adverse health care incident in determining the cause of and potential mitigation of the incident. If the commission discloses information under this subsection to a person not involved in the incident, the information may not identify a health care facility, health care provider or patient involved in the incident.

(4) A regulatory agency, licensing board, health care facility, health insurer or credentialing entity may not ask the commission, a health care facility, a health care provider or other person whether a facility or provider has filed a notice of adverse health care incident or use the fact that a notice of adverse health care incident was filed as the basis of disciplinary, regulatory, licensure or credentialing action. This subsection does not prevent a person from using information, if the information is otherwise available, to engage in quality review of patient care or as the basis of imposing a restriction, limitation, loss or denial of privileges on a health care provider or other action against a health care provider based on a finding of medical incompetence, unprofessional conduct, physical incapacity or impairment. [2013 c.5 §10]

Source: Section 31.278 — Use of information relating to notice of adverse health care incident , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 30.210 — OR Code / Title 3 / Chapter 30 / Section 30.210
30.210 To whom official bonds are security
Status: in_force

The official undertaking or other security of a public officer to the state, or to any county, city or other public corporation of like character therein, is a security to the state, county, city or public corporation, as the case may be, and also, to all persons severally for the official delinquencies against which it is intended to provide.

Source: Section 30.210 — To whom official bonds are security , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.466 — OR Code / Title 3 / Chapter 36 / Section 36.466
36.466 Arbitration agreements to be in writing
Status: in_force

The arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provides a record of the agreement, or in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by another. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause a part of the contract. [1991 c.405 §10]

Source: Section 36.466 — Arbitration agreements to be in writing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 33.105 — OR Code / Title 3 / Chapter 33 / Section 33.105
33.105 Sanctions authorized
Status: in_force

(1) Unless otherwise provided by statute, a court may impose one or more of the following remedial sanctions:

(a) Payment of a sum of money sufficient to compensate a party for loss, injury or costs suffered by the party as the result of a contempt of court.

(b) Confinement for so long as the contempt continues, or six months, whichever is the shorter period.

(c) An amount not to exceed $500 or one percent of the defendant’s annual gross income, whichever is greater, for each day the contempt of court continues. The sanction imposed under this paragraph may be imposed as a fine or to compensate a party for the effects of the continuing contempt.

(d) An order designed to insure compliance with a prior order of the court, including probation.

(e) Payment of all or part of any attorney fees incurred by a party as the result of a contempt of court.

(f) A sanction other than the sanctions specified in paragraphs (a) to (e) of this subsection if the court determines that the sanction would be an effective remedy for the contempt.

(2) Unless otherwise provided by statute, a court may impose one or more of the following punitive sanctions for each separate contempt of court:

(a) A fine of not more than $500 or one percent of the defendant’s annual gross income, whichever is greater.

(b) Forfeiture of any proceeds or profits obtained through the contempt.

(c) Confinement for not more than six months.

(d) Probation or community service.

(3) In a summary proceeding under ORS 33.096 (Summary imposition of sanction) , a court may impose one or more of the following sanctions for each separate contempt of court:

(a) A punitive fine of not more than $500;

(b) Confinement as a punitive sanction for not more than 30 days; or

(c) Probation or community service.

(4) The court may impose a punitive sanction for past conduct constituting contempt of court even though similar present conduct is a continuing contempt of court. [1991 c.724 §9]

Source: Section 33.105 — Sanctions authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 31.600 — OR Code / Title 3 / Chapter 31 / Section 31.600
31.600 Contributory negligence not bar to recovery
Status: in_force

(1) Contributory negligence shall not bar recovery in an action by any person or the legal representative of the person to recover damages for death or injury to person or property if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section, but any damages allowed shall be diminished in the proportion to the percentage of fault attributable to the claimant. This section is not intended to create or abolish any defense.

(2) The trier of fact shall compare the fault of the claimant with the fault of any party against whom recovery is sought, the fault of third party defendants who are liable in tort to the claimant, and the fault of any person with whom the claimant has settled. The failure of a claimant to make a direct claim against a third party defendant does not affect the requirement that the fault of the third party defendant be considered by the trier of fact under this subsection. Except for persons who have settled with the claimant, there shall be no comparison of fault with any person:

(a) Who is immune from liability to the claimant;

(b) Who is not subject to the jurisdiction of the court; or

(c) Who is not subject to action because the claim is barred by a statute of limitation or statute of ultimate repose.

(3) A defendant who files a third party complaint against a person alleged to be at fault in the matter, or who alleges that a person who has settled with the claimant is at fault in the matter, has the burden of proof in establishing:

(a) The fault of the third party defendant or the fault of the person who settled with the claimant; and

(b) That the fault of the third party defendant or the person who settled with the claimant was a contributing cause to the injury or death under the law applicable in the matter.

(4) Any party to an action may seek to establish that the fault of a person should not be considered by the trier of fact by reason that the person does not meet the criteria established by subsection (2) of this section for the consideration of fault by the trier of fact.

(5) This section does not prevent a party from alleging that the party was not at fault in the matter because the injury or death was the sole and exclusive fault of a person who is not a party in the matter. [Formerly 18.470]

Source: Section 31.600 — Contributory negligence not bar to recovery; comparative negligence standard; third party complaints , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.260 — OR Code / Title 3 / Chapter 36 / Section 36.260
36.260 Mediation agreement
Status: in_force

(1) If an agreement is reached between the parties in a mediation under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) , the parties shall sign a written mediation agreement.

(2) The parties to a mediation agreement:

(a) Are bound by the terms of the agreement;

(b) May enforce the mediation agreement as a legal contract; and

(c) May use the mediation agreement as a defense against an action contrary to the mediation agreement.

(3) If the mediator drafts the agreement, the mediator shall encourage the parties to have the agreement reviewed by independent legal counsel before signing the agreement. [1989 c.967 §7; 2015 c.202 §6]

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

Source: Section 36.260 — Mediation agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.205 — OR Code / Title 3 / Chapter 35 / Section 35.205
35.205 Short title
Status: in_force

This chapter may be cited as the General Condemnation Procedure Act. [1971 c.741 §2]

Source: Section 35.205 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 34.360 — OR Code / Title 3 / Chapter 34 / Section 34.360
34.360 Contents of petition when person challenges authority for confinement
Status: in_force

If the challenge is to the authority for confinement, the petition shall state, in substance:

(1) That the party in whose behalf the writ is petitioned is imprisoned or restrained of liberty, the place where, and officer or person by whom the party is imprisoned or restrained, naming both parties if their names are known, or describing them if not known.

(2) That such person is not imprisoned or restrained by virtue of any order, judgment or process specified in ORS 34.330 (Who may not prosecute writ) .

(3) The cause or pretense of the imprisonment or restraint, according to the best knowledge or belief of the plaintiff.

(4) If the original imprisonment or restraint is by virtue of any order, warrant or process, a copy thereof shall be annexed to the petition, or it must be alleged that, by reason of the removal or concealment of the party before the application, a demand of such copy could not be made, or that the demand was made, and the legal fees therefor tendered to the person having the party in custody, and that a copy was refused.

(5) That the claim has not already been adjudged upon a prior writ of habeas corpus, to the knowledge or belief of the plaintiff. [Amended by 1991 c.884 §3; 1999 c.114 §3; 2003 c.576 §312]

Source: Section 34.360 — Contents of petition when person challenges authority for confinement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.715 — OR Code / Title 3 / Chapter 36 / Section 36.715
36.715 Judgment on award
Status: in_force

(1) Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity with the order. The judgment may be entered in the register and enforced as any other judgment in a civil action.

(2) A court may allow reasonable costs of the petition and subsequent judicial proceedings.

(3) On application of a prevailing party to a contested judicial proceeding under ORS 36.700 (Confirmation of award) , 36.705 (Vacating award) or 36.710 (Modification or correction of award) , the court may add reasonable attorney fees incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying or correcting an award. [2003 c.598 §25]

Note: See note under 36.600 (Definitions) .

Source: Section 36.715 — Judgment on award; attorney fees and litigation expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.544 — OR Code / Title 3 / Chapter 36 / Section 36.544
36.544 Submission to conciliation not waiver
Status: in_force

By submitting to conciliation, no party shall be deemed to have waived any rights or remedies which that party would have had if conciliation had not been initiated, other than those set forth in any settlement agreement which results from the conciliation. [1991 c.405 §49]

Source: Section 36.544 — Submission to conciliation not waiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.254 — OR Code / Title 3 / Chapter 36 / Section 36.254
36.254 Contracts for mediation services
Status: in_force

(1) The agricultural mediation service coordinator serving under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) shall contract with one or more providers of agricultural mediation services to provide impartial mediators who are knowledgeable in agriculture and financial matters.

(2) The coordinator may contract with, or use the services of, a private mediation organization, a community-based program, a state agency or a combination of organizations and agencies.

(3) A contract entered into under this section may be terminated by the coordinator only upon 30 days’ written notice and for good cause.

(4) An agricultural mediation service provider other than a state agency is an independent contractor and is not a state agency for any purpose. [1989 c.967 §4; 2015 c.202 §3]

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

Source: Section 36.254 — Contracts for mediation services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.831 — OR Code / Title 3 / Chapter 30 / Section 30.831
30.831 Action for invasion of personal privacy
Status: in_force

(1) A plaintiff has a cause of action for invasion of personal privacy if the plaintiff establishes any of the following:

(a) The defendant knowingly made or recorded a photograph, motion picture, videotape or other visual recording of the plaintiff in a state of nudity without the consent of the plaintiff, and at the time the visual recording was made or recorded the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.

(b) For the purpose of arousing or gratifying the sexual desire of the defendant, the defendant was in a location to observe the plaintiff in a state of nudity without the consent of the plaintiff, and the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.

(c) For the purpose of arousing or gratifying the sexual desire of any person, the defendant knowingly:

(A) Made or recorded a photograph, motion picture, videotape or other visual recording of an intimate area of the plaintiff without the consent of the plaintiff; or

(B) Viewed an intimate area of the plaintiff without the consent of the plaintiff.

(d) Without the consent of the plaintiff, the defendant disseminated a photograph, motion picture, videotape or other visual recording of the plaintiff in a state of nudity, and the defendant knew that at the time the visual recording was made or recorded the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.

(2) A plaintiff who prevails in a cause of action for invasion of personal privacy under this section is entitled to receive:

(a) Compensatory damages; and

(b) Reasonable attorney fees.

(3) An action under this section must be commenced not later than two years after the conduct that gives rise to a claim for relief occurred.

(4) The remedy provided by this section is in addition to, and not in lieu of, any other claim for relief that may be available to a plaintiff by reason of conduct of a defendant described in subsection (1) of this section.

(5) The provisions of subsection (1)(a) and (d) of this section do not apply to a photograph, motion picture, videotape or other visual recording of a person under 12 years of age if:

(a) The person who makes, records or disseminates the visual recording is the father, mother, sibling, grandparent, aunt, uncle or first cousin, by blood, adoption or marriage, of the person under 12 years of age; and

(b) The visual recording is made, recorded or disseminated for a purpose other than arousing or gratifying the sexual desire of the person or another person.

(6) As used in this section:

(a) “Intimate area” means:

(A) Undergarments that are being worn by a person, are covered by clothing and are intended to be protected from being seen; and

(B) Any of the following that are covered by clothing and are intended to be protected from being seen:

(i) Genitals;

(ii) Pubic areas; or

(iii) Female breasts below the point immediately above the top of the areola.

(b) “Made or recorded a photograph, motion picture, videotape or other visual recording” includes, but is not limited to, making or recording or employing, authorizing, permitting, compelling or inducing another person to make or record a photograph, motion picture, videotape or other visual recording.

(c) “Nudity” means any part of the uncovered or less than opaquely covered:

(A) Genitals;

(B) Pubic area; or

(C) Female breast below a point immediately above the top of the areola.

(d) “Places and circumstances where the plaintiff has a reasonable expectation of personal privacy” includes, but is not limited to, a bathroom, dressing room, locker room that includes an enclosed area for dressing or showering, tanning booth and any area where a person undresses in an enclosed space that is not open to public view.

(e) “Public view” means that an area can be readily seen and that a person within the area can be distinguished by normal unaided vision when viewed from a public place as defined in ORS 161.015 (General definitions) . [Formerly 30.865]

Source: Section 30.831 — Action for invasion of personal privacy; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.195 — OR Code / Title 3 / Chapter 30 / Section 30.195
30.195 Civil action for violation of prohibitions relating to cable services
Status: in_force

(1) A cable operator may bring a civil action for damages against any person who violates any provision of ORS 30.194 (Prohibitions relating to cable services) .

(2) A cable operator who alleges a violation of ORS 30.194 (Prohibitions relating to cable services) may file for injunctive relief in the circuit court for the county where the alleged violation occurred or is occurring.

(3) A cable operator who files an action under this section is not required to plead damages with particularity as a condition of filing or maintaining the action.

(4) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (1) if the person is in actual possession of a device that permits the reception of unauthorized cable services for which payment has not been made and for which no legitimate purpose exists.

(5) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (2) if cable service to the person’s business or residence was disconnected by a cable operator, notice of the disconnection was provided to the person by certified mail, and a connection exists at the person’s business or residence after the date of the notice.

(6) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (3) if the cable operator as standard procedure:

(a) Places written warning labels on its converters or decoders indicating that tampering with the devices is a violation of law and a converter or decoder is found to have been tampered with, altered or modified to allow the reception of cable services without authorization from or payment to the cable operator; or

(b) Seals its converters or decoders with a label or mechanical device and the label or device has been removed or broken.

(7) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (4) if a person possesses 10 or more printed circuit boards or other devices designed to receive cable services. A person who is found to have violated ORS 30.194 (Prohibitions relating to cable services) (4) shall be subject to penalties described in ORS 30.196 (Amount recoverable) (2).

(8) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (5) if the person made representations to a buyer that the device offered for sale would allow the purchaser to obtain cable service without authorization from or payment to a cable operator. A person who is found to have violated ORS 30.194 (Prohibitions relating to cable services) (5) shall be subject to penalties described in ORS 30.196 (Amount recoverable) (2).

(9) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (6) if a cable operator sent to the person by certified mail, at the most recent address for the person shown in the records of the cable operator, a written demand for the return of converters, decoders or other equipment owned by the cable operator. The demand shall allow the person to make reasonable arrangements to return the equipment within 15 days of receiving the notice. Reasonable arrangements may include a request that the cable operator pick up the equipment, subject to the cable operators written policies.

(10) Statements from a manufacturer or retailer regarding the intended use or uses of a product shall not constitute a defense to an alleged violation of ORS 30.194 (Prohibitions relating to cable services) (5). [1999 c.705 §3]

Source: Section 30.195 — Civil action for violation of prohibitions relating to cable services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.985 — OR Code / Title 3 / Chapter 30 / Section 30.985
30.985 Duties of skiers
Status: in_force

(1) Skiers shall have duties which include but are not limited to the following:

(a) Skiers who ski in any area not designated for skiing within the permit area assume the inherent risks thereof.

(b) Skiers shall be the sole judges of the limits of their skills and their ability to meet and overcome the inherent risks of skiing and shall maintain reasonable control of speed and course.

(c) Skiers shall abide by the directions and instructions of the ski area operator.

(d) Skiers shall familiarize themselves with posted information on location and degree of difficulty of trails and slopes to the extent reasonably possible before skiing on any slope or trail.

(e) Skiers shall not cross the uphill track of any surface lift except at points clearly designated by the ski area operator.

(f) Skiers shall not overtake any other skier except in such a manner as to avoid contact and shall grant the right of way to the overtaken skier.

(g) Skiers shall yield to other skiers when entering a trail or starting downhill.

(h) Skiers must wear retention straps or other devices to prevent runaway skis.

(i) Skiers shall not board rope tows, wire rope tows, j-bars, t-bars, ski lifts or other similar devices unless they have sufficient ability to use the devices, and skiers shall follow any written or verbal instructions that are given regarding the devices.

(j) Skiers, when involved in a skiing accident, shall not depart from the ski area without leaving their names and addresses if reasonably possible.

(k) A skier who is injured should, if reasonably possible, give notice of the injury to the ski area operator before leaving the ski area.

(L) Skiers shall not embark or disembark from a ski lift except at designated areas or by the authority of the ski area operator.

(2) Violation of any of the duties of skiers set forth in subsection (1) of this section entitles the ski area operator to withdraw the violator’s privilege of skiing. [1979 c.665 §4]

Source: Section 30.985 — Duties of skiers; effect of failure to comply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.352 — OR Code / Title 3 / Chapter 35 / Section 35.352
35.352 Notice of immediate possession of property by public condemner
Status: in_force

(1) At any time after a condemnation action is commenced, a public condemner may serve notice that the public condemner will take immediate possession of the property that is the subject of the action. The notice must be served in the manner provided by ORCP 9 on all defendants in the action.

(2) If notice is served under this section, a defendant in a condemnation action may object to immediate possession of property by a public condemner by filing a written objection with the court within 10 days after notice is served on the defendant under this section and serving a copy of the objection on the public condemner in the manner provided by ORCP 9. The objection must request that the court schedule a hearing on the objection at the earliest possible time. The only issues that a court may consider upon objection are:

(a) Whether the condemnation is legal; and

(b) Subject to the presumption established by ORS 35.235 (Agreement for compensation) (2), whether the public condemner has acted in bad faith, engaged in fraud or engaged in an abuse of discretion under a delegation of authority.

(3) If notice is served under this section and an objection is not filed with the court within the time allowed under subsection (2) of this section, the public condemner may at any time thereafter file with the court a form of order confirming the public condemner’s possession of the property as of the date specified in the notice. The form of order must be accompanied by an affidavit attesting to service of the notice as required by subsection (1) of this section, and a statement that an objection was not filed within 10 days after notice was served on the defendants in the action. Upon filing of the affidavit, the clerk of the court shall affix the seal of the court to the form of order. The order may thereafter be enforced in the same manner as any other order of the court.

(4) A notice under this section must be in substantially the following form:

COUNTY OF ______

)

______ )

Plaintiff, ) NOTICE OF

) IMMEDIATE

) POSSESSION

)

vs. ) Case No. _____

)

______ )

Defendant. )

TO THE DEFENDANTS:

By service of this notice, you are advised that the plaintiff will take possession of the property described in the complaint on:

(1) _________, 2___, if the deposit required by ORS 35.265 (Advance deposit by public condemner requiring immediate possession) has been made by that date; or

(2) The date on which the deposit required by ORS 35.265 (Advance deposit by public condemner requiring immediate possession) is made if that date is later than the date specified above.

You may file an objection with the court within 10 days after this notice is served on you. An objection may be made only to determine:

(1) Whether the condemnation is legal; and

(2) Subject to the presumption established by ORS 35.235 (Agreement for compensation) (2), whether the public condemner has acted in bad faith, engaged in fraud or engaged in an abuse of discretion under a delegation of authority.

_____________________

Attorney for Plaintiff

_____________________

Address

_____________________

Telephone Number

(5) The court shall expeditiously consider any objection filed under this section to prevent prejudice to the public condemner’s need for immediate possession.

(6) The ability of the defendant in a condemnation action to assert legal defenses in the answer of the defendant under ORS 35.295 (Defendant’s answer) is not affected solely by reason of the filing of an objection to a notice served under this section, or by reason of the failure to file an objection.

(7) This section does not impose a requirement that a public condemner use the procedure described in this section, and the procedure described in this section is not the exclusive method by which a public condemner may obtain possession of property. [2005 c.565 §3]

Source: Section 35.352 — Notice of immediate possession of property by public condemner; objection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 34.340 — OR Code / Title 3 / Chapter 34 / Section 34.340
34.340 Petition
Status: in_force

The writ shall be allowed by the court or judge thereof upon the petition of the party for whose relief it is intended, or of some other person in behalf of the party, signed and verified by the oath of the plaintiff, to the effect that the plaintiff believes it to be true. The petition must be accompanied by the filing fee established under ORS 21.135 (Standard filing fee) . [Amended by 1995 c.657 §6; 1999 c.114 §2; 2003 c.737 §§32,33; 2005 c.702 §§37,38,39; 2011 c.595 §39]

Source: Section 34.340 — Petition; who may apply; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.980 — OR Code / Title 3 / Chapter 30 / Section 30.980
30.980 Notice to ski area operator of injury to skier
Status: in_force

(1) A ski area operator shall be notified of any injury to a skier by registered or certified mail within 180 days after the injury or within 180 days after the skier discovers, or reasonably should have discovered, such injury.

(2) When an injury results in a skier’s death, the required notice of the injury may be presented to the ski area operator by or on behalf of the personal representative of the deceased, or any person who may, under ORS 30.020 (Action for wrongful death) , maintain an action for the wrongful death of the skier, within 180 days after the date of the death which resulted from the injury. However, if the skier whose injury resulted in death presented a notice to the ski area operator that would have been sufficient under this section had the skier lived, notice of the death to the ski area operator is not necessary.

(3) An action against a ski area operator to recover damages for injuries to a skier shall be commenced within two years of the date of the injuries. However, ORS 12.160 (Suspension for minors and persons who have disabling mental condition) and 12.190 (Effect of death on limitations) apply to such actions.

(4) Failure to give notice as required by this section bars a claim for injuries or wrongful death unless:

(a) The ski area operator had knowledge of the injury or death within the 180-day period after its occurrence;

(b) The skier or skier’s beneficiaries had good cause for failure to give notice as required by this section; or

(c) The ski area operator failed to comply with subsection (5) of this section.

(5) Ski area operators shall give to skiers, in a manner reasonably calculated to inform, notice of the requirements for notifying a ski area operator of injury and the effect of a failure to provide such notice under this section. [1979 c.665 §3]

Source: Section 30.980 — Notice to ski area operator of injury to skier; injuries resulting in death; statute of limitations; informing skiers of notice requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.232 — OR Code / Title 3 / Chapter 36 / Section 36.232
36.232 Disclosures allowed for reporting, research, training and educational purposes
Status: in_force

(1) If a public body conducts or makes available a mediation, ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) do not limit the ability of the mediator to report the disposition of the mediation to that public body at the conclusion of the mediation proceeding. The report made by a mediator to a public body under this subsection may not disclose specific confidential mediation communications made in the mediation.

(2) If a public body conducts or makes available a mediation, ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) do not limit the ability of the public body to compile and disclose general statistical information concerning matters that have gone to mediation if the information does not identify specific cases.

(3) In any mediation in a case that has been filed in court, ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) do not limit the ability of the court to:

(a) Require the parties or the mediator to report to the court the disposition of the mediation at the conclusion of the mediation proceeding;

(b) Disclose records reflecting which matters have been referred for mediation; or

(c) Disclose the disposition of the matter as reported to the court.

(4) ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) do not limit the ability of a mediator or mediation program to use or disclose confidential mediation communications, the disposition of matters referred for mediation and the terms of mediation agreements to another person for use in research, training or educational purposes, subject to the following:

(a) A mediator or mediation program may only use or disclose confidential mediation communications if the communications are used or disclosed in a manner that does not identify individual mediations or parties.

(b) A mediator or mediation program may use or disclose confidential mediation communications that identify individual mediations or parties only if and to the extent allowed by a written agreement with, or written waiver of confidentiality by, the parties. [1997 c.670 §6]

Source: Section 36.232 — Disclosures allowed for reporting, research, training and educational purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.050 — OR Code / Title 3 / Chapter 30 / Section 30.050
30.050 Apportionment among dependents after judgment
Status: in_force

Except when all beneficiaries otherwise agree, if the action described in ORS 30.020 (Action for wrongful death) is brought, and a judgment for the plaintiff is given, and there is more than one beneficiary, the amount to be distributed to each beneficiary as recovery for loss described in ORS 30.020 (Action for wrongful death) (2)(d) shall be apportioned by the trial court to each beneficiary in accordance with the beneficiary’s loss. [Amended by 1973 c.718 §5]

Source: Section 30.050 — Apportionment among dependents after judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.400 — OR Code / Title 3 / Chapter 35 / Section 35.400
35.400 Designation of person to exercise right of repurchase
Status: in_force

(1) At the time of entering into an agreement pursuant to ORS 35.385 (Public purpose use required of condemner) (1) for the acquisition of real property by a condemner or prior to the time of giving judgment for the acquisition of real property by a condemner under ORS 35.325 (Effect of judgment) , the owner of the real property to be acquired may, if such owner has not waived the right of repurchase under ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) , designate a person to exercise such right of repurchase. Such designation shall constitute an assignment of the right of the owner of such property to exercise the right of repurchase otherwise available under ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) . The name and address of the person so designated shall be included in such agreement or judgment. Such owners and designated beneficiaries shall also notify the condemner in writing of any change of address so that their respective current addresses shall be of record with the condemner. The person so designated may not assign or transfer the right of repurchase.

(2) If an owner of real property to be acquired by a condemner does not designate a person to exercise the right of repurchase under ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) and such owner has not waived such right of repurchase, only the owner may exercise the right of repurchase under ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) . If such owner dies while real property is still subject to a right of repurchase by the owner, the personal representative of such owner’s estate may act as the owner to exercise the right of repurchase with respect to such property on behalf of the estate of the owner at any time prior to the discharge of the personal representative under ORS 116.213 (Discharge of personal representative) .

(3) Upon receipt from a condemner of an offer to repurchase any real property or portion thereof in accordance with ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) :

(a) In the case of an offer to repurchase the entire parcel of real property to which ORS 35.385 (Public purpose use required of condemner) applies, if the owner or beneficiary of such right of repurchase does not accept such offer within 30 days, the right of repurchase is terminated and the condemner may use and dispose of such property or portion as otherwise provided by law.

(b) In the case of an offer to repurchase only a portion of a parcel of real property to which ORS 35.385 (Public purpose use required of condemner) applies, the owner or beneficiary of such right of repurchase may:

(A) Accept such offer within 30 days; or

(B) Notify the condemner within 30 days of the desire of the owner or beneficiary to exercise such right, but refuse to accept the price established by the condemner in the offer to repurchase made pursuant to ORS 35.390 (Effect of failure of condemner to use property as required) (4).

(c) If the owner or beneficiary of the right of repurchase fails to timely notify the condemner pursuant to either paragraph (b)(A) or (B) of this subsection, the right of repurchase is terminated and the condemner may use or dispose of such portion of property as otherwise provided by law.

(d) If timely notice of intent to exercise the right of repurchase is given by the owner or beneficiary as provided by paragraph (b)(B) of this subsection, the owner or beneficiary must within 60 days thereafter commence an action, in the court in which the original action by the condemner to acquire such real property was commenced, to determine the sole issue of the price to be paid upon such repurchase, pursuant to the provisions of ORS 35.390 (Effect of failure of condemner to use property as required) (3). Failure to commence such an action within such 60-day period shall void such notice of intention to exercise repurchase for the purposes of paragraph (c) of this subsection.

(A) Upon the determination of the price for repurchase by the court or jury, the court shall give judgment vesting title to the property in the owner or the beneficiary, conditioned upon payment into court of the assessed price by the owner or beneficiary within 90 days after the date of the judgment; and upon the making of such payment, the judgment shall become effective to convey the property and the right of possession thereof to the owner or beneficiary. Failure to make such payment into court within 90 days of the date of the judgment shall void the notice of intent to exercise the right of repurchase for the purposes of paragraph (c) of this subsection, and the judgment shall be withdrawn by the court.

(B) If the price determined pursuant to the provisions of this paragraph is less than the price established by the condemner in its written offer to repurchase, the costs and disbursements of the owner or beneficiary, as specified in ORS 35.335 (Effect of condemner’s abandonment of action) and 35.346 (Offer to purchase required before filing action for condemnation) , shall be taxed by the clerk; and the judgment rendered shall reflect such costs and disbursements only as an offset against the price to be paid into court by the owner or beneficiary. [1973 c.720 §5]

Source: Section 35.400 — Designation of person to exercise right of repurchase; effect of failure to designate; offer to repurchase; acceptance; notice; determination of price , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.480 — OR Code / Title 3 / Chapter 30 / Section 30.480
30.480 Limitation on liability of volunteers
Status: in_force

(1) When a provider of volunteer transportation services who is qualified under subsection (3) of this section provides the services under the conditions described in subsection (4) of this section to a person with a disability or a person who is 55 years of age or older, the liability of the provider to the person for injury, death or loss arising out of the volunteer transportation services shall be limited as provided in this section. When volunteer transportation services are provided to five or fewer persons at one time, the liability of the provider of the volunteer transportation services shall not exceed the greater of the amount of coverage under the terms of the provider’s motor vehicle liability insurance policy, as described in ORS 806.080 (Insurance) , or the amounts specified in ORS 806.070 (Minimum payment schedule) for future responsibility payments for:

(a) Bodily injury to or death of any one person to whom the transportation services are provided, in any one accident.

(b) Bodily injury to or death of two or more persons to whom the transportation services are provided, in any one accident.

(c) Injury to or destruction of the property of one or more persons to whom the transportation services are provided, in any one accident.

(2) Notwithstanding the amount specified in subsection (1)(b) of this section by reference to ORS 806.070 (Minimum payment schedule) , if a qualified provider of transportation services provides the services to more than five persons, but not more than 16, at one time who have disabilities or who are 55 years of age or older, under the conditions described in subsection (4) of this section, the liability under subsection (1)(b) of this section shall not exceed the greater of the amount of coverage under the terms of the provider’s motor vehicle liability insurance policy or $300,000. The limitations on liability provided by ORS 30.475 (Legislative policy) , 30.480 (Limitation on liability of volunteers) and 30.485 (Apportionment of damages) do not apply when volunteer transportation services are provided to 17 or more persons at one time who have disabilities or who are 55 years of age or older.

(3) The following persons qualify for the limitation on liability under subsections (1) and (2) of this section:

(a) The person who provides or sponsors transportation services.

(b) The owner of the vehicle in which transportation services are provided.

(c) The person who operates the vehicle in which transportation services are provided.

(4) The limitation on liability under subsections (1) and (2) of this section applies to a person qualified under subsection (3) of this section only under the following conditions:

(a) If the person is an individual, the individual must hold a valid Oregon driver’s license.

(b) The person must provide the transportation services on a nonprofit and voluntary basis. However, this paragraph does not prohibit a sponsor of transportation services from reimbursing an operator of a private motor vehicle providing the services for actual expenses incurred by the operator. If an operator is paid, that operator is qualified only if operating as an emergency operator.

(c) The person providing the transportation services must not receive from the persons using the services any substantial benefit in a material or business sense that is a substantial motivating factor for the transportation. A contribution or donation to the provider of the transportation services other than the operator of the motor vehicle or any mere gratuity or social amenity shall not be a substantial benefit under this paragraph.

(d) Except as provided in paragraph (c) of this subsection, the transportation services must be provided without charge to the person using the services.

(5) The amounts received by a person with a disability or a person 55 years of age or older under the personal injury protection provisions of the insurance coverage of a person who qualifies for the limitation on liability under this section shall not reduce the amount that the person may recover under subsection (1) or (2) of this section.

(6) The liability of two or more persons whose liability is limited under this section, on claims arising out of a single accident, shall not exceed in the aggregate the amounts limited by subsection (1) or (2) of this section.

(7) This section does not apply in the case of an accident or injury if the accident or injury was intentional on the part of any person who provided the transportation services or if the accident or injury was caused by the person’s gross negligence or intoxication. For purposes of this subsection, gross negligence is negligence which is materially greater than the mere absence of reasonable care under the circumstances, and which is characterized by conscious indifference to or reckless disregard of the rights of others.

(8) For purposes of this section, a person has a disability if the person has a physical or mental disability that for the person constitutes or results in a functional limitation to one or more of the following activities: Self-care, ambulation, communication, transportation, education, socialization or employment. [1983 c.468 §2; 1985 c.16 §443; 1987 c.915 §7; 1989 c.224 §6; 2007 c.70 §10]

Source: Section 30.480 — Limitation on liability of volunteers; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 28.225 — OR Code / Title 3 / Chapter 28 / Section 28.225
28.225 Procedure in certification matters
Status: in_force

Proceedings in the Supreme Court shall be those provided in rules of appellate procedure and statutes governing briefs and arguments. [1983 c.103 §6]

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

Source: Section 28.225 — Procedure in certification matters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.847 — OR Code / Title 3 / Chapter 30 / Section 30.847
30.847 Action for engaging in paramilitary activity
Status: in_force

(1) A person or group of persons is subject to an action described in subsection (2) or (3) of this section for engaging in paramilitary activity if the person or group of persons knowingly, while acting as part of a private paramilitary organization or on behalf of or in furtherance of any objective of a private paramilitary organization:

(a) While armed with a deadly weapon, publicly patrols or drills;

(b) While armed with a dangerous or deadly weapon:

(A) Publicly engages in techniques capable of causing physical injury or death;

(B) Substantially disrupts governmental operations or a government proceeding;

(C) Assumes, exercises or asserts, without legal authorization, the functions, powers or duties of:

(i) A law enforcement officer, including any sheriff, police officer, marshal or other peace officer; or

(ii) Any local, city, county, state or federal official; or

(D) Interferes with another person and thereby:

(i) Prevents the other person, or attempts to prevent the other person, from engaging in conduct in which the other person has a legal right to engage; or

(ii) Causes the other person, or attempts to cause the other person, to engage in conduct from which the other person has a legal right to abstain; or

(c) Trains to engage in any activity described in paragraph (a) or (b) of this subsection.

(2) Intentionally left blank —Ed.

(a) If the Attorney General has reasonable cause to believe that a person or group of persons has engaged in, or is about to engage in, paramilitary activity as described in subsection (1) of this section, the Attorney General may bring a civil action in the name of the State of Oregon for injunctive relief in Marion County Circuit Court or any other circuit court of this state.

(b) Intentionally left blank —Ed.

(A) If it appears to the Attorney General that a person has possession, custody or control of any information, document or other material that is relevant to an investigation of paramilitary activity as described in subsection (1) of this section, or that could lead to the discovery of relevant information in an investigation of paramilitary activity as described in subsection (1) of this section, the Attorney General may cause an investigative demand to be served upon the person. The investigative demand may require the person:

(i) To appear and testify under oath at the time and place stated in the investigative demand;

(ii) To answer written interrogatories; or

(iii) To produce relevant documentary material or physical evidence for examination at the time and place stated in the investigative demand.

(B) An investigative demand under this paragraph shall be served in the manner provided by ORS 646.622 (Method of serving investigative demand) and may be enforced in the manner provided by ORS 646.626 (Effect of failure to obey investigative demand) .

(c) When conducting investigations under this section, the Attorney General may not demand, collect or maintain information about the political, religious or social views, associations or activities of any individual, group, association, organization, corporation, business or partnership unless the information directly relates to an investigation into, and there are reasonable grounds to suspect that the subject of the information is involved in, paramilitary activity as described in subsection (1) of this section.

(3) Intentionally left blank —Ed.

(a) A person injured as a result of paramilitary activity as described in subsection (1) of this section may bring a civil action, individually or jointly with other aggrieved persons, in the appropriate court for relief against the person or persons who engaged in the paramilitary activity.

(b) A plaintiff who prevails in a claim under this subsection may recover:

(A) Economic or noneconomic damages, as those terms are defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict) ;

(B) Injunctive relief;

(C) Reasonable attorney fees; and

(D) Any other appropriate equitable relief.

(4) This section does not apply to:

(a) The Armed Forces of the United States or the National Guard, as those terms are defined in 10 U.S.C. 101, or any regularly organized state militia or unorganized or reserve militia called into service by a state or the United States, including a defense force authorized under 32 U.S.C. 109(c).

(b) A group of individuals that associates as a military organization solely for historical purposes or fictional performances, or that parades in public as part of a bona fide veterans’ organization, so long as the group does not carry or use ammunition or explosives.

(c) Students in an education institution authorized by a state or federal government to teach military science as a prescribed part of the course of instruction, when under the supervision of a military instructor.

(d) Members of an organization that is authorized under state or federal law to provide paramilitary, law enforcement or security services training or to engage in paramilitary activity or the provision of law enforcement or security services, when performing the functions authorized by law and, in the case of paramilitary activity and law enforcement services, when under the direction and control of a governmental authority.

(e) Any lawful activity of the State Department of Fish and Wildlife.

(f) Any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity.

(g) Any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms, or any other lawful sports or activities related to the individual recreational use or possession of firearms, including but not limited to hunting activities, target shooting, self-defense, firearms collection or any organized activity, including but not limited to any hunting club, rifle club, rifle range or shooting range, which does not include a criminal conspiracy as defined in ORS 161.450 (“Criminal conspiracy” described) or the knowledge of or the intent to cause or further acts of physical violence or damage to persons or property.

(5) As used in this section:

(a) “Dangerous weapon” has the meaning given that term in ORS 161.015 (General definitions) .

(b) “Deadly weapon” has the meaning given that term in ORS 161.015 (General definitions) .

(c) “Private paramilitary organization” means any group of three or more persons associating under a command structure for the purpose of functioning in public or training to function in public as a combat, combat support, law enforcement or security services unit.

(d) “State” means the District of Columbia or a state, commonwealth, territory or possession of the United States. [2023 c.312 §1]

Source: Section 30.847 — Action for engaging in paramilitary activity; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.395 — OR Code / Title 3 / Chapter 35 / Section 35.395
35.395 Change in period of use
Status: in_force

(1) The period specified in an agreement or judgment as provided in ORS 35.385 (Public purpose use required of condemner) may be changed as provided in this section, if the prior owner of the real property has not waived the right of repurchase and the condemner finds that it will be unable to use all or a portion of the real property for such purpose within the specified period and requires a reasonable extension of such period for the completion of its project on the real property.

(2) Upon a finding under subsection (1) of this section, a condemner shall notify the prior owner or designated beneficiary of the requested change in period. The condemner shall negotiate with the prior owner or beneficiary on the requested change.

(a) Notification under this subsection shall consist of mailing a letter by certified mail to the last address of the prior owner or the designated beneficiary of the owner as shown in the agreement or judgment whereby the real property was acquired or the address subsequently supplied by such owner or beneficiary. If no response has been received by the condemner within 60 days after receipt of notice by the owner or designated beneficiary, all the rights of the owner or designated beneficiary under ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) shall be considered waived.

(b) If the condemner cannot locate the prior owner or the designated beneficiary of the owner at the last-known address of the owner or the designated beneficiary, notice may be effected by publication. The publication shall be made in a newspaper published in the county where the property is located, or if no newspaper is published in the county, then in a newspaper designated as being most likely to give notice to the prior owner or the beneficiary of the prior owner. The newspaper utilized shall meet the requirements of ORS 193.020 (Newspaper in which public notice may be published) . The notice shall contain the name of the public project, a general description of the location of the property, the change in purpose or extension of time desired by the condemner and a time within which the owner or the beneficiary of the owner must respond to the notice. The notice shall be published not less than once each week for four weeks. The publication of notice may be directed to one or more owners or beneficiaries affected by the same project. If no response is received by the condemner within 10 days after the date of the last publication of notice, all rights of the prior owner or designated beneficiary shall be considered waived.

(3) If, after negotiation, the prior owner or beneficiary and the condemner agree on the proposed change in period, the period as changed shall, for the purposes of ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) , be considered the period as specified in the agreement or judgment under ORS 35.385 (Public purpose use required of condemner) . In the case of real property acquired by a condemner by judgment under ORS 35.325 (Effect of judgment) , the condemner shall notify the court by which the judgment was given of the agreed upon change in period and the court shall modify such judgment accordingly.

(4) If the prior owner or beneficiary and the condemner cannot, after negotiation, agree on the proposed change in period, the condemner may:

(a) In the case of real property acquired by an agreement under ORS 35.235 (Agreement for compensation) (1), petition the circuit court for the county within which such real property is situated for a hearing to determine whether the proposed change in period is reasonable and necessary in the public interest; or

(b) In the case of real property acquired by a judgment given under ORS 35.325 (Effect of judgment) , petition the court by which such judgment was given for a hearing to determine whether it is reasonable and necessary in the public interest to modify such judgment to permit the proposed change in period. The condemner in its petition may include as parties and serve all or any owners and designated beneficiaries whose property is affected by the same project.

(5) If, after a hearing under subsection (4) of this section, the court finds that the proposed change in period is reasonable and necessary in the public interest, the court shall grant such change. For the purposes of ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) , a period as changed by the court shall be considered the period specified in the agreement or judgment described in ORS 35.385 (Public purpose use required of condemner) . For the purposes of this subsection, the resolution or ordinance of the condemner is presumptive evidence that the change in period proposed by the condemner is reasonable and necessary in the public interest.

(6) If, after a hearing under subsection (4) of this section, the court finds that the proposed change in period is unreasonable or not necessary in the public interest, the court shall deny the requested change. In such case, the terms of the original agreement or judgment shall control for the purpose of the exercise of the right of repurchase under ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) . [1973 c.720 §4]

Source: Section 35.395 — Change in period of use; notice; effect of failure to agree on change; review by court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.803 — OR Code / Title 3 / Chapter 30 / Section 30.803
30.803 Liability of licensed emergency medical services provider acting as volunteer
Status: in_force

A person may not maintain a cause of action for injury, death or loss against a licensed emergency medical services provider who acts as a volunteer without expectation of compensation, based on a claim of negligence unless the person shows that the injury, death or loss resulted from willful and wanton misconduct or intentional act or omission of the emergency medical services provider. [1987 c.915 §11; 2011 c.703 §19]

Source: Section 30.803 — Liability of licensed emergency medical services provider acting as volunteer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.735 — OR Code / Title 3 / Chapter 36 / Section 36.735
36.735 Uniformity of application and construction
Status: in_force

In applying and construing ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) , consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2003 c.598 §29]

Note: See note under 36.600 (Definitions) .

Source: Section 36.735 — Uniformity of application and construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.330 — OR Code / Title 3 / Chapter 30 / Section 30.330
30.330 Contracts of Department of Transportation providing for arbitration
Status: in_force

The provisions of ORS 30.310 (Actions and suits by governmental units) and 30.320 (Contract and other actions and suits against governmental units) do not apply to contracts made by the Department of Transportation that provide for arbitration under the provisions of ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) . [Amended by 2003 c.598 §32]

Source: Section 30.330 — Contracts of Department of Transportation providing for arbitration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.780 — OR Code / Title 3 / Chapter 30 / Section 30.780
30.780 Liability for damages caused by gambling
Status: in_force

Any person violating ORS 167.108 (Definitions for ORS 167.109 and 167.112) to 167.164 (Possession of a gray machine) shall be liable in a civil suit for all damages occasioned thereby. [1959 c.681 §3; 1971 c.743 §309]

Source: Section 30.780 — Liability for damages caused by gambling , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.160 — OR Code / Title 3 / Chapter 37 / Section 37.160
37.160 Mailing and special notice lists to be maintained by receiver
Status: in_force

(1) A receiver shall maintain a master mailing list of the names and addresses of all parties to the receivership, all known creditors of the owner and interested persons who have filed notices of appearance in the receivership. The receiver shall make a copy of the current master mailing list available to any person on the list upon the person’s request.

(2) Intentionally left blank —Ed.

(a) A receiver shall maintain a special notice list of the names and addresses of all parties to the receivership and any other person who requests to be placed on the list. The receiver shall make a copy of the current special notice list available to any person on the list upon the person’s request.

(b) Any person on the special notice list may notify the receiver of the person’s preferred means of receiving notices and other communications. If the receiver is so notified, the receiver shall add the information to the special notice list. [2017 c.358 §16]

Source: Section 37.160 — Mailing and special notice lists to be maintained by receiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 34.650 — OR Code / Title 3 / Chapter 34 / Section 34.650
34.650 Notice to third persons
Status: in_force

When it appears from the return that the party named therein is in custody on an order or process under which another person has an interest in continuing imprisonment or restraint of the party, no order shall be made for discharge of the party until it shall appear that the party so interested, or the attorney of the party so interested has had notice of the time and place at which the writ has been made returnable.

Source: Section 34.650 — Notice to third persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.267 — OR Code / Title 3 / Chapter 30 / Section 30.267
30.267 Liability for certain medical treatment at Oregon Health and Science University facilities
Status: in_force

(1) For the purposes of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , all services constituting patient care, including, but not limited to, inpatient care, outpatient care and all forms of consultation, that are provided on the Oregon Health and Science University campus or in any Oregon Health and Science University clinic are within the scope of their state employment or duties when performed by:

(a) Salaried physicians, naturopathic physicians or dentists employed at any full-time equivalent by the Oregon Health and Science University;

(b) Nonsalaried or courtesy physicians, naturopathic physicians or dentists affiliated with the Oregon Health and Science University;

(c) Medical, dental or nursing students or trainees affiliated with the Oregon Health and Science University;

(d) Volunteer physicians, naturopathic physicians or dentists affiliated with the Oregon Health and Science University; or

(e) Any nurses, students, orderlies, volunteers, aides or employees of the Oregon Health and Science University.

(2) As used in this section:

(a) “Nonsalaried or courtesy physician, naturopathic physician or dentist” means a physician, naturopathic physician or dentist who receives a fee or other compensation for those services constituting patient care which are within the scope of state employment or duties under this section. The term does not include a physician, naturopathic physician or dentist described under subsection (1)(a) of this section.

(b) “Volunteer physician, naturopathic physician or dentist” means a physician, naturopathic physician or dentist who does not receive a salary, fee or other compensation for those services constituting patient care which are within the scope of state employment or duties under this section. [1977 c.851 §2; 2017 c.356 §1]

Source: Section 30.267 — Liability for certain medical treatment at Oregon Health and Science University facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.910 — OR Code / Title 3 / Chapter 30 / Section 30.910
30.910 Product disputably presumed not unreasonably dangerous
Status: in_force

It is a disputable presumption in a products liability civil action that a product as manufactured and sold or leased is not unreasonably dangerous for its intended use. [1977 c.843 §2]

Source: Section 30.910 — Product disputably presumed not unreasonably dangerous , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.605 — OR Code / Title 3 / Chapter 36 / Section 36.605
36.605 Notice
Status: in_force

(1) Except as otherwise provided in ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) , a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.

(2) A person has notice if the person has knowledge of the notice or has received notice.

(3) A person receives notice when it comes to the person’s attention or the notice is delivered at the person’s place of residence or place of business, or at another location held out by the person as a place of delivery of such communications. [2003 c.598 §2]

Note: See note under 36.600 (Definitions) .

Source: Section 36.605 — Notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 28.100 — OR Code / Title 3 / Chapter 28 / Section 28.100
28.100 Costs
Status: in_force

In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.

Source: Section 28.100 — Costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 31.810 — OR Code / Title 3 / Chapter 31 / Section 31.810
31.810 Enforcement of right of contribution
Status: in_force

(1) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.

(2) Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.

(3) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within two years after the judgment has become final by lapse of time for appeal or after appellate review.

(4) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the right of contribution of that tortfeasor is barred unless the tortfeasor has either:

(a) Discharged by payment the common liability within the statute of limitations period applicable to claimant’s right of action against the tortfeasor and has commenced action for contribution within two years after payment; or

(b) Agreed while action is pending against the tortfeasor to discharge the common liability and has within two years after the agreement paid the liability and commenced action for contribution.

(5) The running of the statute of limitations applicable to a claimant’s right of recovery against a tortfeasor shall not operate to bar recovery of contribution against the tortfeasor or the claimant’s right of recovery against a tortfeasor specified in ORS 31.600 (Contributory negligence not bar to recovery) (2) who has been made a party by another tortfeasor.

(6) The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.

(7) The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution. [Formerly 18.450]

Source: Section 31.810 — Enforcement of right of contribution; commencement of separate action; barring right of contribution; effect of satisfaction of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.470 — OR Code / Title 3 / Chapter 36 / Section 36.470
36.470 Interim judicial relief
Status: in_force

(1) It is not incompatible with an arbitration agreement for a party to request from a court, before or during arbitral proceedings, an interim measure of protection or for the court to grant such a measure.

(2) Any party to an arbitration governed by ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) may request from the circuit court the enforcement of an order of an arbitral tribunal granting an interim measure of protection pursuant to ORS 36.486 (Interim measures of protection ordered by arbitral tribunal) . Enforcement shall be granted pursuant to the law applicable to the granting of the type of interim relief requested.

(3) Measures which the circuit court may grant in connection with a pending arbitration include, but are not limited to:

(a) An order of attachment issued to assure that the award to which the applicant may be entitled is not rendered ineffectual by the dissipation of party assets.

(b) A preliminary injunction granted in order to protect trade secrets or to conserve goods which are the subject matter of the arbitral dispute.

(4) In considering a request for interim relief, the court, subject to subsection (5) of this section, shall give preclusive effect to any and all findings of fact of the arbitral tribunal, including the probable validity of the claim which is the subject of the award for interim relief that the arbitral tribunal has previously granted in the proceeding in question, provided that such interim award is consistent with public policy.

(5) Where the arbitral tribunal has not ruled on an objection to its jurisdiction, the court shall not grant preclusive effect to the tribunal’s findings until the court has made an independent finding as to the jurisdiction of the arbitral tribunal. If the court rules that the arbitral tribunal did not have jurisdiction, the application for interim measures of relief shall be denied. Such a ruling by the court that the arbitral tribunal lacks jurisdiction is not binding on the arbitral tribunal or subsequent judicial proceedings. [1991 c.405 §12; 1993 c.244 §2]

Source: Section 36.470 — Interim judicial relief; factors considered by court; determination of arbitral tribunal’s jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 28.130 — OR Code / Title 3 / Chapter 28 / Section 28.130
28.130 “Person” defined
Status: in_force

The word “person,” wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.

Source: Section 28.130 — “Person” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 35.265 — OR Code / Title 3 / Chapter 35 / Section 35.265
35.265 Advance deposit by public condemner requiring immediate possession
Status: in_force

(1) When a public condemner commences an action for the condemnation of property and immediate possession of the property is considered necessary by the public condemner, a fund shall be created in the amount estimated to be the just compensation for the property and placed in the hands of the treasurer of the public condemner for deposit with the clerk of the court wherein the action was commenced, for the use of the defendants in the action.

(2) When the public condemner is a state agency and immediate possession of property is considered necessary by the agency, the agency shall certify to such facts and authorize an advancement out of funds available to the agency of the amount estimated by the agency to be just compensation for the property. Upon such certification and authorization, a warrant shall be drawn in favor of the clerk of the court in the amount authorized.

(3) Upon the deposit in court by the public condemner of the estimated amount of just compensation as provided by subsections (1) and (2) of this section, no interest shall be allowed thereon in the judgment. [1971 c.741 §10; 2003 c.576 §236]

Source: Section 35.265 — Advance deposit by public condemner requiring immediate possession; effect on interest otherwise allowable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.677 — OR Code / Title 3 / Chapter 30 / Section 30.677
30.677 Notice
Status: in_force

(1) An agri-tourism professional shall conspicuously post the notice specified in subsection (2) of this section:

(a) At the entrance to the agri-tourism site, in black letters at least one inch in height;

(b) At any location where an agri-tourism activity takes place, in black letters at least one inch in height; and

(c) In every written contract entered into between the agri-tourism professional and a participant.

(2) The notice required by subsection (1) of this section must read as follows:

Under Oregon law, there is no liability for an injury to or the death of a participant in an agri-tourism activity conducted at this agri-tourism location if the injury or death results from the inherent risks of the agri-tourism activity. Inherent risks of agri-tourism activities are risks of injury inherent to land, equipment and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agri-tourism activity.

[2015 c.535 §3]

Source: Section 30.677 — Notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 33.440 — OR Code / Title 3 / Chapter 33 / Section 33.440
33.440 Application by minor child
Status: in_force

When a minor child applies for a change of name under ORS 33.410 (Jurisdiction) , the court may, upon its own motion, confer with the child and may exclude from the conference the parents and other persons if the court finds that such action would be in the best interests of the child. However, the court shall permit an attorney for the child to attend the conference, and the conference shall be reported. [1983 c.369 §5]

Source: Section 33.440 — Application by minor child; court conference , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 36.283 — OR Code / Title 3 / Chapter 36 / Section 36.283
36.283 Confidentiality of mediation communications and agreement
Status: in_force

(1) A mediation described in ORS 36.280 (Mediation of disputes related to interference with farming practices) (1) is subject to ORS 36.220 (Confidentiality of mediation communications and agreements) .

(2) Except as provided under ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) , if the parties to a mediation described in ORS 36.280 (Mediation of disputes related to interference with farming practices) have agreed in writing that all or part of the mediation communications or all or part of the terms of a mediation agreement are confidential, a cause of action exists against a party that discloses the confidential communications or terms for damages resulting from the disclosure.

(3) ORS 36.280 (Mediation of disputes related to interference with farming practices) does not require a party to a mediation proceeding to disclose confidential business information or to disclose other confidential information that may be adverse to the legal interests of the party. [2015 c.630 §2]

Note: See second note under 36.280 (Mediation of disputes related to interference with farming practices) .

Source: Section 36.283 — Confidentiality of mediation communications and agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.140 — OR Code / Title 3 / Chapter 34 / Section 34.140
34.140 Direction and service of writ
Status: in_force

(1) The writ shall be directed to the court, corporation, board, officer or person designated in the order of allowance, and may be served thereon, by any person authorized to serve a summons, by delivery of the original to such officer or person, or to any member of such court, or to any officer of such corporation upon whom a summons lawfully may be served. A certified copy of the writ shall be served on all intervenors, adverse parties and counsel for the defendant. Such service is sufficient if it complies with ORCP 9. The relator shall file with the court proof of service of the writ on the defendant, and intervenors, adverse parties and counsel for the defendant, if any.

(2) Obedience to the writ may be enforced in such manner as the court or judge thereof shall direct. [Amended by 1989 c.702 §4]

Source: Section 34.140 — Direction and service of writ; proof of service; enforcing obedience to writ , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.425 — OR Code / Title 3 / Chapter 36 / Section 36.425
36.425 Filing of decision and award
Status: in_force

(1) At the conclusion of arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) of a civil action, the arbitrator shall file the decision and award with the clerk of the court that referred the action to arbitration, together with proof of service of a copy of the decision and award upon each party. If the decision and award require the payment of money, including payment of costs or attorney fees, the decision and award must be substantially in the form prescribed by ORS 18.042 (Judgment in civil action that includes money award) .

(2) Intentionally left blank —Ed.

(a) Within 20 days after the filing of a decision and award with the clerk of the court under subsection (1) of this section, a party against whom relief is granted by the decision and award or a party whose claim for relief was greater than the relief granted to the party by the decision and award, but no other party, may file with the clerk a written notice of appeal and request for a trial de novo of the action in the court on all issues of law and fact. A copy of the notice of appeal and request for a trial de novo must be served on all other parties to the proceeding. After the filing of the written notice a trial de novo of the action shall be held. If the action is triable by right to a jury and a jury is demanded by a party having the right of trial by jury, the trial de novo shall include a jury.

(b) If a party files a written notice under paragraph (a) of this subsection, a trial fee or jury trial fee, as applicable, shall be collected as provided in ORS 21.225 (Trial fees) .

(c) A party filing a written notice under paragraph (a) of this subsection shall deposit with the clerk of the court the sum of $159. If the position under the arbitration decision and award of the party filing the written notice is not improved as a result of a judgment in the action on the trial de novo, the clerk shall dispose of the sum deposited in the same manner as a fee collected by the clerk. If the position of the party is improved as a result of a judgment, the clerk shall return the sum deposited to the party. If the court finds that the party filing the written notice is then unable to pay all or any part of the sum to be deposited, the court may waive in whole or in part, defer in whole or in part, or both, the sum. If the sum or any part thereof is so deferred and the position of the party is not improved as a result of a judgment, the deferred amount shall be paid by the party according to the terms of the deferral.

(3) If a written notice is not filed under subsection (2)(a) of this section within the 20 days prescribed, the court shall cause to be prepared and entered a judgment based on the arbitration decision and award. A judgment entered under this subsection may not be appealed.

(4) Notwithstanding any other provision of law or the Oregon Rules of Civil Procedure:

(a) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under the provisions of ORS 36.405 (Referral to mandatory arbitration) (1)(a), the party is entitled to attorney fees by law or contract, and the position of the party is not improved after judgment on the trial de novo, the party shall not be entitled to an award of attorney fees or costs and disbursements incurred by the party before the filing of the decision and award of the arbitrator, and shall be taxed the reasonable attorney fees and costs and disbursements incurred by the other parties to the action on the trial de novo after the filing of the decision and award of the arbitrator.

(b) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under ORS 36.405 (Referral to mandatory arbitration) (1)(a), the party is not entitled to attorney fees by law or contract, and the position of the party is not improved after judgment on the trial de novo, pursuant to subsection (5) of this section the party shall be taxed the reasonable attorney fees and costs and disbursements of the other parties to the action on the trial de novo incurred by the other parties after the filing of the decision and award of the arbitrator.

(c) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under ORS 36.405 (Referral to mandatory arbitration) (1)(b), and the position of the party is not improved after judgment on the trial de novo, the party shall not be entitled to an award of attorney fees or costs and disbursements and shall be taxed the costs and disbursements incurred by the other parties after the filing of the decision and award of the arbitrator.

(5) If a party is entitled to an award of attorney fees under subsection (4) of this section, but is also entitled to an award of attorney fees under contract or another provision of law, the court shall award reasonable attorney fees pursuant to the contract or other provision of law. If a party is entitled to an award of attorney fees solely by reason of subsection (4) of this section, the court shall award reasonable attorney fees not to exceed the following amounts:

(a) Twenty percent of the judgment, if the defendant requests the trial de novo but the position of the defendant is not improved after the trial de novo; or

(b) Ten percent of the amount claimed in the complaint, if the plaintiff requests the trial de novo but the position of the plaintiff is not improved after the trial de novo.

(6) Within seven days after the filing of a decision and award under subsection (1) of this section, a party may file with the court and serve on the other parties to the arbitration written exceptions directed solely to the award or denial of attorney fees or costs. Exceptions under this subsection may be directed to the legal grounds for an award or denial of attorney fees or costs, or to the amount of the award. Any claim or defense pursuant to ORCP 54 E must be filed as an exception under this subsection. Any party opposing the exceptions must file a written response with the court and serve a copy of the response on the party filing the exceptions. Filing and service of the response must be made within seven days after the service of the exceptions on the responding party. A judge of the court shall decide the issue and enter a decision on the award of attorney fees and costs. The filing of exceptions under this subsection does not constitute an appeal under subsection (2) of this section and does not affect the finality of the award in any way other than as specifically provided in this subsection.

(7) For the purpose of determining whether the position of a party has improved after a trial de novo under the provisions of this section, the court shall not consider any money award or other relief granted on claims asserted by amendments to the pleadings made after the filing of the decision and award of the arbitrator. [Formerly 33.400; 1993 c.482 §3; 1995 c.455 §3; 1995 c.618 §14a; 1995 c.658 §34; 1997 c.756 §§1,2; 2003 c.576 §170; 2019 c.605 §25; 2023 c.16 §1]

Source: Section 36.425 — Filing of decision and award; notice of appeal; trial de novo; attorney fees and costs; effect of arbitration decision and award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.963 — OR Code / Title 3 / Chapter 30 / Section 30.963
30.963 Claim requirements for actions involving food-related conditions
Status: in_force

(1) As used in this section:

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

(b) “Food-related condition” means:

(A) Weight gain;

(B) Obesity;

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

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

(2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim described in ORS 30.961 (Actions against sellers of food for food-related condition) (3) must plead with particularity each element of the cause of action, including a description of all of the following:

(a) The law that allegedly was violated.

(b) The facts that are alleged to constitute a violation of the law identified in paragraph (a) of this subsection.

(c) The facts that are alleged to demonstrate that the food-related condition was caused by the violation.

(d) If the violation was of a law described in ORS 30.961 (Actions against sellers of food for food-related condition) (3)(d), facts sufficient to support a reasonable inference that the violation was committed with the intent to deceive or injure or with actual knowledge that the conduct was deceptive or injurious.

(3) In any action for a claim of injury or death caused by a food-related condition, a court shall stay all discovery and other proceedings during the pendency of any motion to dismiss. The court, on motion and for good cause shown, shall order that specified discovery be conducted notwithstanding the stay imposed under this subsection. [2005 c.658 §3]

Source: Section 30.963 — Claim requirements for actions involving food-related conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.570 — OR Code / Title 3 / Chapter 34 / Section 34.570
34.570 Precept commanding bringing of prisoner
Status: in_force

The court or judge issuing the warrant may also, at the same time or afterwards, issue a precept to the person to whom the warrant is directed, commanding the person to bring forthwith before such court or judge the party for whose benefit the writ was allowed, who shall thereafter remain in the custody of such person until discharged or remanded.

Source: Section 34.570 — Precept commanding bringing of prisoner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 34.150 — OR Code / Title 3 / Chapter 34 / Section 34.150
34.150 Peremptory and alternative writs
Status: in_force

(1) The writ shall be either alternative or peremptory.

(2) When in the alternative, the writ shall:

(a) State concisely the facts, according to the petition, showing:

(A) The obligation of the defendant to perform the act; and

(B) The omission of the defendant to perform the act;

(b) Command that the defendant, immediately after the receipt of the writ, or at some other specified time:

(A) Perform the act required to be performed; or

(B) Show cause before the court or judge thereof, by whom the writ was allowed, at a time and place therein specified, why the defendant has not done so; and

(c) Command that the defendant then and there return the writ, with the certificate of the defendant annexed, of having done as the defendant is commanded, or the cause of omission thereof.

(3) When peremptory, the writ shall be in a form similar to that described in subsection (2) of this section, except that the words requiring the defendant to show cause why the defendant has not done as commanded, and to return the cause therefor, shall be omitted. [Amended by 2005 c.22 §26]

Source: Section 34.150 — Peremptory and alternative writs; form , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 28.060 — OR Code / Title 3 / Chapter 28 / Section 28.060
28.060 Discretion of court to refuse judgment
Status: in_force

The court may refuse to render or enter a declaratory judgment where such judgment, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. [Amended by 2003 c.576 §304]

Source: Section 28.060 — Discretion of court to refuse judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.851 — OR Code / Title 3 / Chapter 30 / Section 30.851
30.851 Action for interfering with health care facility
Status: in_force

(1) Irrespective of any criminal prosecution or the result thereof, a person or health care facility aggrieved by conduct prohibited by ORS 166.119 (Interfering with a health care facility) may bring a civil action against the person or group of persons engaging in the prohibited conduct, individually or jointly with other aggrieved persons, in the appropriate court for relief.

(2) A plaintiff who prevails in a claim described in this section may recover:

(a) Economic or noneconomic damages, as those terms are defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict) ;

(b) Statutory damages of $500 per day for each day that the prohibited conduct occurred for a plaintiff who is an individual, or $5,000 per day for each day that the prohibited conduct occurred for a plaintiff that is a health care facility;

(c) Injunctive relief;

(d) Reasonable attorney fees; and

(e) Any other appropriate equitable relief.

(3) In a proceeding on an action described in this section, the court shall take all steps reasonably necessary to safeguard the individual’s privacy and prevent harassment of a health care patient or health care provider who is a party to or witness in the proceeding, including granting protective orders and motions in limine when appropriate.

(4) The following persons and entities qualify as aggrieved for the purposes of subsection (1) of this section:

(a) A person, physically present at the health care facility when the prohibited conduct occurs, whose access is or is about to be obstructed or impeded;

(b) A person, physically present at the health care facility when the prohibited conduct occurs, whose care is or is about to be disrupted;

(c) The health care facility or an employee or agent of the health care facility; or

(d) The owner of the health care facility or the building or property upon which the health care facility is located.

(5) As used in this section:

(a) “Health care facility” has the meaning given that term in ORS 166.119 (Interfering with a health care facility) .

(b) “Health care provider” has the meaning given that term in ORS 166.119 (Interfering with a health care facility) . [2023 c.228 §46]

Source: Section 30.851 — Action for interfering with health care facility; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.600 — OR Code / Title 3 / Chapter 35 / Section 35.600
35.600 Application
Status: in_force

ORS 35.600 (Application) to 35.625 (Procedure to ascertain compensation and damages) apply to all condemners other than the state. [Formerly 281.505]

Source: Section 35.600 — Application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.939 — OR Code / Title 3 / Chapter 30 / Section 30.939
30.939 When use of pesticide considered farming or forest practice
Status: in_force

(1) Notwithstanding ORS 30.930 (Definitions for ORS 30.930 to 30.947) (2), the use of a pesticide shall be considered to be a farming practice for purposes of ORS 30.930 (Definitions for ORS 30.930 to 30.947) to 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses) , if the use of the pesticide:

(a) Is or may be used on a farm of a similar nature;

(b) Is a reasonable and prudent method for the operation of the farm to obtain a profit in money;

(c) Is or may become customarily utilized in conjunction with farm use;

(d) Complies with applicable laws; and

(e) Is done in a reasonable and prudent manner.

(2) Notwithstanding ORS 30.930 (Definitions for ORS 30.930 to 30.947) (4), the use of a pesticide shall be considered to be a forest practice for purposes of ORS 30.930 (Definitions for ORS 30.930 to 30.947) to 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses) , if the use of the pesticide:

(a) Is or may be used on forestland of a similar nature;

(b) Is a reasonable and prudent method of complying with ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards) ;

(c) Is or may become customarily utilized in conjunction with forestland;

(d) Complies with applicable laws;

(e) Is done in a reasonable and prudent manner; and

(f) Includes, but is not limited to, site preparation, timber harvest, slash disposal, road construction and maintenance, tree planting, precommercial thinning, release, fertilization, animal damage control and insect and disease control. [1993 c.792 §32a; 1995 c.703 §5]

Source: Section 30.939 — When use of pesticide considered farming or forest practice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.100 — OR Code / Title 3 / Chapter 36 / Section 36.100
36.100 Policy for ORS 36.100 to 36.238
Status: in_force

It is the policy and purpose of ORS 36.100 (Policy for ORS 36.100 to 36.238) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) that, when two or more persons cannot settle a dispute directly between themselves, it is preferable that the disputants be encouraged and assisted to resolve their dispute with the assistance of a trusted and competent third party mediator, whenever possible, rather than the dispute remaining unresolved or resulting in litigation. [1989 c.718 §1; 2003 c.791 §9]

Source: Section 36.100 — Policy for ORS 36.100 to 36.238 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.740 — OR Code / Title 3 / Chapter 34 / Section 34.740
34.740 Amendment of petition or action against public body when wrong remedy sought
Status: in_force

(1) A circuit court shall allow a person to amend a petition or action in the manner provided by this section if:

(a) The person seeks relief against a public body, as defined in ORS 192.311 (Definitions for ORS 192.311 to 192.478) ;

(b) The person incorrectly filed a petition for a writ of review, a petition for a writ of mandamus or an action for declaratory judgment; and

(c) The correct remedy of the person is a petition for a writ of review, a petition for a writ of mandamus or an action for declaratory judgment.

(2) If a petition or action is amended under this section, the petition or action is not subject to dismissal by reason of not having been commenced within the time otherwise allowed by law if the reason that the person filed the wrong petition or action was either:

(a) The person relied on a reasonable interpretation of the law relating to the correct remedy; or

(b) The public body that is the respondent or defendant in the proceeding gave misleading information to the person about the proper remedy, the person relied in good faith on the information provided by the public body and by reason of that reliance the person sought the wrong remedy.

(3) A circuit court shall order a public body, as defined in ORS 192.311 (Definitions for ORS 192.311 to 192.478) , to pay reasonable attorney fees incurred by any person in filing a petition for a writ of review, a petition for a writ of mandamus or an action for declaratory judgment seeking relief from the public body if:

(a) The court determines that the person has filed the wrong petition or action, and the person subsequently amends the pleading in the manner provided by subsection (1) of this section;

(b) The public body that is the respondent or defendant in the proceeding gave information to the person with the intent to mislead the person as to the proper remedy or gave information to the person, with a reckless disregard for the truth or falsity of the information, about the proper remedy; and

(c) The person relied in good faith on the information provided by the public body, and by reason of that reliance the person sought the wrong remedy. [2001 c.561 §2]

Note: 34.740 (Amendment of petition or action against public body when wrong remedy sought) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 34 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 34.740 — Amendment of petition or action against public body when wrong remedy sought; effect of amendment on time limitations; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.220 — OR Code / Title 3 / Chapter 30 / Section 30.220
30.220 Parties
Status: in_force

When a public officer by official misconduct or neglect of duty forfeits an official undertaking or other security of the public officer, or renders the sureties of the public officer liable thereon, any person injured by the misconduct or neglect, or who is by law entitled to the benefit of the security, may maintain an action thereon in the name of the person, against the officer and the sureties of the officer, to recover the amount to which the person may by reason thereof be entitled.

Source: Section 30.220 — Parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.380 — OR Code / Title 3 / Chapter 30 / Section 30.380
30.380 Action by assignee of claim for money illegally charged or exacted
Status: in_force

No assignee of any claim against any county, city or municipal corporation of this state or any county, city or municipal officer in this state, for money claimed to have been illegally charged or exacted by such county, city or municipal corporation or such officer, except money collected as taxes or license, or money due on contract, shall have the right to institute or maintain any action or suit for the recovery thereof in any court in this state.

Source: Section 30.380 — Action by assignee of claim for money illegally charged or exacted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 33.115 — OR Code / Title 3 / Chapter 33 / Section 33.115
33.115 Referral to another judge
Status: in_force

A judge may be disqualified from a contempt proceeding as provided for in other cases under ORS 14.210 (Disqualification of judge for cause) to 14.270 (Time of making motion for change of judge in certain circumstances) . ORS 14.260 (Affidavit and motion for change of judge) (3) shall not apply to a motion to disqualify a judge in a contempt proceeding. The judge to whom the contempt is referred shall assume authority over and conduct any further proceedings relating to the contempt. [1991 c.724 §10; 1995 c.658 §121]

Source: Section 33.115 — Referral to another judge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 30.200 — OR Code / Title 3 / Chapter 30 / Section 30.200
30.200 Action by district attorney
Status: in_force

If any district attorney has reasonable cause to believe that any person is engaged in violation of ORS 166.155 (Bias crime in the second degree) or 166.165 (Bias crime in the first degree) , the district attorney may bring a civil claim for relief in the appropriate court, setting forth facts pertaining to such violation, and request such relief as may be necessary to restrain or prevent such violation. Any claim for relief under this section does not prevent any person from seeking any other remedy otherwise available under law. [1981 c.785 §4; 2019 c.553 §17]

Source: Section 30.200 — Action by district attorney; effect on others , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.070 — OR Code / Title 3 / Chapter 30 / Section 30.070
30.070 Settlement
Status: in_force

The personal representative of the decedent, with the approval of the court of appointment, shall have full power to compromise and settle any claim of the class described in ORS 30.030 (Distribution of damages) , whether the claim is reduced to judgment or not, and to execute such releases and other instruments as may be necessary to satisfy and discharge the claim. The party paying any such claim or judgment, whether in full or in part, or in an amount agreed upon in compromise, shall not be required to see that the amount paid is applied or apportioned as provided in ORS 30.030 (Distribution of damages) to 30.060 (Appeal from order of distribution or apportionment) , but shall be fully discharged from all liability on payment to the personal representative.

Source: Section 30.070 — Settlement; discharge of claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.500 — OR Code / Title 3 / Chapter 30 / Section 30.500
30.500 Definitions for ORS 30.500 and 30.505
Status: in_force

As used in this section and ORS 30.505 (Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws) :

(1) “Generator” has the meaning given that term in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) .

(2) “Person” means an individual, corporation, association, firm, partnership, joint stock company or state or local government agency. [1987 c.332 §1]

Source: Section 30.500 — Definitions for ORS 30.500 and 30.505 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.715 — OR Code / Title 3 / Chapter 30 / Section 30.715
30.715 Successive actions or suits
Status: in_force

Successive actions or suits may be maintained upon the same contract or transaction, whenever, after the former action or suit, a new cause of action or suit arises therefrom. [Formerly 11.030]

Source: Section 30.715 — Successive actions or suits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.655 — OR Code / Title 3 / Chapter 36 / Section 36.655
36.655 Action by majority
Status: in_force

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under ORS 36.665 (Arbitration process) (3). [2003 c.598 §13]

Note: See note under 36.600 (Definitions) .

Source: Section 36.655 — Action by majority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.863 — OR Code / Title 3 / Chapter 30 / Section 30.863
30.863 Action for impersonation
Status: in_force

(1) A plaintiff has a cause of action for the recovery of compensatory damages from any person who violates ORS 165.815 (Criminal impersonation) .

(2) In an action brought under subsection (1) of this section, the court may award the prevailing party costs and reasonable attorney fees. [2016 c.22 §2]

Source: Section 30.863 — Action for impersonation; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.271 — OR Code / Title 3 / Chapter 30 / Section 30.271
30.271 Limitations on liability of state 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 the state, or against an officer, employee or agent of the state 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 the state, and the liability of the state’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) $1.5 million, for causes of action arising on or after December 28, 2007, and before July 1, 2010.

(b) $1.6 million, for causes of action arising on or after July 1, 2010, and before July 1, 2011.

(c) $1.7 million, for causes of action arising on or after July 1, 2011, and before July 1, 2012.

(d) $1.8 million, for causes of action arising on or after July 1, 2012, and before July 1, 2013.

(e) $1.9 million, for causes of action arising on or after July 1, 2013, and before July 1, 2014.

(f) $2 million, 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 the state, and the liability of the state’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) $3 million, for causes of action arising on or after December 28, 2007, and before July 1, 2010.

(b) $3.2 million, for causes of action arising on or after July 1, 2010, and before July 1, 2011.

(c) $3.4 million, for causes of action arising on or after July 1, 2011, and before July 1, 2012.

(d) $3.6 million, for causes of action arising on or after July 1, 2012, and before July 1, 2013.

(e) $3.8 million, for causes of action arising on or after July 1, 2013, and before July 1, 2014.

(f) $4 million, 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 apply to claims against Oregon Health and Science University.

(6) The limitations imposed by this section apply to claims against the State Fair Council. [2009 c.67 §3; 2015 c.589 §1; 2019 c.12 §1]

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

Source: Section 30.271 — Limitations on liability of state for personal injury and death , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.115 — OR Code / Title 3 / Chapter 30 / Section 30.115
30.115 Aircraft and watercraft guest passengers
Status: in_force

No person transported by the owner or operator of an aircraft or a watercraft as a guest without payment for such transportation, shall have a cause of action for damages against the owner or operator for injury, death or loss, in case of accident, unless the accident was intentional on the part of the owner or operator or caused by the gross negligence or intoxication of the owner or operator. As used in this section:

(1) “Payment” means a substantial benefit in a material or business sense conferred upon the owner or operator of the conveyance and which is a substantial motivating factor for the transportation, and it does not include a mere gratuity or social amenity.

(2) “Gross negligence” refers to negligence which is materially greater than the mere absence of reasonable care under the circumstances, and which is characterized by conscious indifference to or reckless disregard of the rights of others. [1961 c.578 §2 ( 30.115 (Aircraft and watercraft guest passengers) enacted in lieu of 30.110 and 30.120); 1979 c.866 §7]

Source: Section 30.115 — Aircraft and watercraft guest passengers; definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.555 — OR Code / Title 3 / Chapter 31 / Section 31.555
31.555 Effect of advance payment
Status: in_force

(1) If judgment is entered against a party on whose behalf an advance payment referred to in ORS 31.560 (Advance payment for death or personal injury not admission of liability) or 31.565 (Advance payment for property damage not admission of liability) has been made and in favor of a party for whose benefit any such advance payment has been received, the amount of the judgment shall be reduced by the amount of any such payments in the manner provided in subsection (3) of this section. However, nothing in ORS 12.155 (Effect of notice of advance payment on running of period of limitation) , 31.560 (Advance payment for death or personal injury not admission of liability) and 31.565 (Advance payment for property damage not admission of liability) and this section authorizes the person making such payments to recover such advance payment if no damages are awarded or to recover any amount by which the advance payment exceeds the award of damages.

(2) If judgment is entered against a party who is insured under a policy of liability insurance against such judgment and in favor of a party who has received benefits that have been the basis for a reimbursement payment by such insurer under ORS 742.534 (Reimbursement of other insurers paying benefits) , the amount of the judgment shall be reduced by reason of such benefits in the manner provided in subsection (3) of this section.

(3) Intentionally left blank —Ed.

(a) The amount of any advance payment referred to in subsection (1) of this section may be submitted by the party making the payment, in the manner provided in ORCP 68 C(4) for the submission of disbursements.

(b) The amount of any benefits referred to in subsection (2) of this section, diminished in proportion to the amount of negligence attributable to the party in favor of whom the judgment was entered and diminished to an amount no greater than the reimbursement payment made by the insurer under ORS 742.534 (Reimbursement of other insurers paying benefits) , may be submitted by the insurer which has made the reimbursement payment, in the manner provided in ORCP 68 C(4) for the submission of disbursements.

(c) Unless timely objections are filed as provided in ORCP 68 C(4), the court clerk shall apply the amounts claimed pursuant to this subsection in partial satisfaction of the judgment. Such partial satisfaction shall be allowed without regard to whether the party claiming the reduction is otherwise entitled to costs and disbursements in the action. [Formerly 18.510]

Source: Section 31.555 — Effect of advance payment; payment as satisfaction of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.458 — OR Code / Title 3 / Chapter 36 / Section 36.458
36.458 When written communication considered to have been received
Status: in_force

(1) Unless otherwise agreed by the parties:

(a) Any written communication is considered to have been received if it is delivered to the addressee personally or if it is delivered at the place of business, habitual residence or mailing address of the addressee. If none of these can be found after making a reasonable inquiry, a written communication is considered to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it; and

(b) The communication is considered to have been received on the day it is so delivered.

(2) The provisions of this section do not apply to communications in court proceedings. [1991 c.405 §6]

Source: Section 36.458 — When written communication considered to have been received , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 37.250 — OR Code / Title 3 / Chapter 37 / Section 37.250
37.250 Use or transfer of estate property outside ordinary course of business
Status: in_force

(1) Upon court order, a receiver may use estate property outside the ordinary course of business.

(2) Upon court order, a receiver may transfer estate property other than in the ordinary course of business by sale, lease, license, exchange or other disposition. Unless the transfer agreement provides otherwise, a transfer under this section is free and clear of a lien of the person that obtained appointment of the receiver, any subordinate liens and any right of redemption, but is subject to any senior liens. A transfer under this section may occur by means other than a public auction sale. On motion by any party or interested person, the court may prescribe standards or procedures calculated to maximize the proceeds of the transfer.

(3) If a lien on estate property is extinguished by a transfer under this section, the lien attaches to the proceeds of the transfer with the same validity, perfection and priority that the extinguished lien had on the transferred property immediately before the transfer, regardless of whether the proceeds are sufficient to satisfy all obligations secured by the lien.

(4) A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price all or part of the allowed amount secured by the lien, if the creditor tenders sufficient funds to satisfy the reasonable expenses of transfer and any obligation secured by any senior lien extinguished by the transfer.

(5) A reversal or modification of an order authorizing a transfer under this section does not affect the validity of the transfer to a person that acquired the property in good faith or revive against any person any lien extinguished by the transfer, regardless of whether the transferee knew of the request for reversal or modification before the transfer, unless the court stayed the order before the transfer.

(6) If estate property includes an interest as a co-owner of property, the receiver has all rights and powers of a co-owner afforded by applicable law, including any rights of partition.

(7) If at the time of appointment of a receiver an owner holds an undivided interest in property as a tenant in common, joint tenant or tenant by the entirety, the receiver may sell both the interest that is estate property and the interest of any co-owner upon court order if the court determines that:

(a) Partition in kind of the property is impracticable;

(b) Sale of the estate’s undivided interest in the property would realize significantly less for the estate than sale of the property free and clear of the interests of the co-owner; and

(c) The benefit to the estate of the sale outweighs the detriment, if any, to the co-owner.

(8) A receiver may not sell, transfer or otherwise dispose of residential property, or an undivided interest therein, without specific judicial approval, which a 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.

(9) As used in this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing. [2017 c.358 §25]

Source: Section 37.250 — Use or transfer of estate property outside ordinary course of business; transfer of co-owned property; limitation on disposition of residential property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 36.486 — OR Code / Title 3 / Chapter 36 / Section 36.486
36.486 Interim measures of protection ordered by arbitral tribunal
Status: in_force

Unless otherwise agreed by the parties, at the request of a party, the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect to the subject matter of the dispute. The arbitral tribunal may require any party to provide appropriate security in connection with such measure. [1991 c.405 §20]

Source: Section 36.486 — Interim measures of protection ordered by arbitral tribunal; security , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.920 — OR Code / Title 3 / Chapter 30 / Section 30.920
30.920 When seller or lessor of product liable
Status: in_force

(1) One who sells or leases any product in a defective condition unreasonably dangerous to the user or consumer or to the property of the user or consumer is subject to liability for physical harm or damage to property caused by that condition, if:

(a) The seller or lessor is engaged in the business of selling or leasing such a product; and

(b) The product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold or leased.

(2) The rule stated in subsection (1) of this section shall apply, even though:

(a) The seller or lessor has exercised all possible care in the preparation and sale or lease of the product; and

(b) The user, consumer or injured party has not purchased or leased the product from or entered into any contractual relations with the seller or lessor.

(3) It is the intent of the Legislative Assembly that the rule stated in subsections (1) and (2) of this section shall be construed in accordance with the Restatement (Second) of Torts sec. 402A, Comments a to m (1965). All references in these comments to sale, sell, selling or seller shall be construed to include lease, leases, leasing and lessor.

(4) Nothing in this section shall be construed to limit the rights and liabilities of sellers and lessors under principles of common law negligence or under ORS chapter 72. [1979 c.866 §2]

Source: Section 30.920 — When seller or lessor of product liable; effect of liability rule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.760 — OR Code / Title 3 / Chapter 31 / Section 31.760
31.760 Evidence of nonuse of safety belt or harness to mitigate damages
Status: in_force

(1) In an action brought to recover damages for personal injuries arising out of a motor vehicle accident, evidence of the nonuse of a safety belt or harness may be admitted only to mitigate the injured party’s damages. The mitigation shall not exceed five percent of the amount to which the injured party would otherwise be entitled.

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

(a) Actions brought under ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) ; or

(b) Actions to recover damages for personal injuries arising out of a motor vehicle accident when nonuse of a safety belt or harness is a substantial contributing cause of the accident itself. [Formerly 18.590]

Source: Section 31.760 — Evidence of nonuse of safety belt or harness to mitigate damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 34.190 — OR Code / Title 3 / Chapter 34 / Section 34.190
34.190 Other pleadings
Status: in_force

The pleadings in the proceeding by mandamus are those mentioned in ORS 34.170 (Answer or motion to dismiss by defendant) and 34.180 (Failure to answer or move for dismissal) , and none other are allowed. They are to have the same effect and construction, and may be amended in the same manner, as pleadings in an action. Either party may move to strike out, or be allowed to plead over after motion; and the issues joined shall be tried, and the further proceedings thereon had in like manner and with like effect as in an action. [Amended by 1979 c.284 §72]

Source: Section 34.190 — Other pleadings; construction and amendment of pleadings; motions; manner of trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.266 — OR Code / Title 3 / Chapter 36 / Section 36.266
36.266 Suspension of court proceedings during mediation
Status: in_force

(1) During the pendency of any action between parties to a mediation under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) , the court may, upon stipulation by all parties, enter an order suspending the action.

(2) A suspension order under subsection (1) of this section suspends all orders and proceedings in the action for the time period specified in the suspension order. In specifying the time period, the court shall exercise its discretion for the purpose of permitting the parties to engage in mediation without prejudice to the rights of any person. The suspension order may include other terms and conditions as the court may consider appropriate. The suspension order may be revoked upon motion of any party or upon motion of the court.

(3) If all parties to the action agree, by written stipulation, that all issues before the court are resolved by mediation under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding) , the court shall dismiss the action. If the parties do not agree that the issues are resolved or if the court revokes the suspension order under subsection (2) of this section, the action shall proceed as if mediation had not been attempted. [1989 c.967 §10; 2015 c.202 §9]

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

Source: Section 36.266 — Suspension of court proceedings during mediation; dismissal of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.892 — OR Code / Title 3 / Chapter 30 / Section 30.892
30.892 Liability of donors and distributors of general merchandise and household items
Status: in_force

(1) Notwithstanding any other provision of law, the good-faith donor of any general merchandise or household item, apparently fit for use to a bona fide charitable or nonprofit organization for distribution without 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 arising from the condition of the general merchandise or household item, unless an injury is caused by the gross negligence, recklessness or intentional conduct of the donor.

(2) 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 general merchandise or household items, and regardless of compliance with any laws, rules or ordinances regulating the storage or handling of the general merchandise or household items by the donee after the donation.

(3) Notwithstanding any other provision of law, a bona fide charitable or nonprofit organization which in good faith receives general merchandise or household items, apparently fit for use, and while apparently still fit for use, distributes the merchandise or items 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 general merchandise or household items, unless an injury results from the gross negligence, recklessness or intentional conduct of the organization.

(4) This section applies to the good-faith donation of general merchandise or household items not readily marketable due to appearance, grade, surplus or considerations other than safety but does not restrict the authority of any appropriate agency to regulate or ban the use of such general merchandise or household items. The immunity from civil liability and criminal penalty provided by this section shall not apply if the general merchandise or household item is resold by either the donee or any other person. This section does not affect the liability of a manufacturer for products that are subject to a current or future safety recall whether such recall is initiated by the manufacturer or at the request of the state or federal government, nor shall this section affect the liability of a manufacturer under ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) .

(5) As used in this section:

(a) “Donor” includes all of the following, without regard to who is the owner of the general merchandise or household item at the time of the donation:

(A) A general merchandiser;

(B) A retail establishment;

(C) A wholesaler; and

(D) A manufacturer.

(b) “General merchandise or household item” means any item sold as general merchandise for household use, including but not limited to items sold in the following categories: Toiletries, cosmetics, domestics, electronics, sporting goods, clothing, toys, small appliances, personal care appliances, housewares, household chemicals, hardware, paint, sundries, plumbing, garden supplies, automotive, school supplies, pet food, pet supplies, over-the-counter drugs or vitamins, or other items of merchandise commonly sold in a retail or general merchandising establishment. [1989 c.1012 §2]

Source: Section 30.892 — Liability of donors and distributors of general merchandise and household items , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.030 — OR Code / Title 3 / Chapter 30 / Section 30.030
30.030 Distribution of damages
Status: in_force

(1) Upon settlement of a claim, or recovery of judgment in an action, for damages for wrongful death, by the personal representative of a decedent under ORS 30.020 (Action for wrongful death) , the amount of damages so accepted or recovered shall be distributed in the manner prescribed in this section.

(2) The personal representative shall make payment or reimbursement for costs, expenses and fees incurred in prosecution or enforcement of the claim, action or judgment, including fees paid to the personal representative of the decedent attributable to the wrongful death claim under ORS 116.173 (Compensation of personal representative) (1)(e).

(3) The personal representative shall make payment or reimbursement for reasonable charges necessarily incurred for doctors’ services, hospital services, nursing services or other medical services, burial services and memorial services rendered for the decedent.

(4) If under ORS 30.040 (Apportionment among dependents upon settlement) or 30.050 (Apportionment among dependents after judgment) or by agreement of the beneficiaries a portion of the damages so accepted or recovered is apportioned to a beneficiary as recovery for loss described in ORS 30.020 (Action for wrongful death) (2)(d), the personal representative shall distribute that portion to the beneficiary.

(5) The remainder of damages accepted or recovered shall be distributed to the beneficiaries in the proportions prescribed under the laws of intestate succession of the state of decedent’s domicile, or as agreed by the beneficiaries, but no such damages shall be subject to payment of taxes or claims against the decedent’s estate. [Amended by 1973 c.718 §3; 2009 c.51 §1; 2019 c.166 §11]

Source: Section 30.030 — Distribution of damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.270 — OR Code / Title 3 / Chapter 31 / Section 31.270
31.270 Payment and resolution
Status: in_force

(1) A payment made to a patient under ORS 31.264 (Discussion of adverse health care incident) or as a result of a mediation under ORS 31.268 (Mediation) is not a payment resulting from a written claim or demand for payment.

(2) A health care provider or health care facility may require the patient to execute all documents and obtain any necessary court approval to resolve an adverse health care incident. The parties shall negotiate the form of such documents or court approval as necessary. [2013 c.5 §6]

Source: Section 31.270 — Payment and resolution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 37.050 — OR Code / Title 3 / Chapter 37 / Section 37.050
37.050 Property not subject to receivership
Status: in_force

(1) A court may not appoint a receiver with respect to the following:

(a) Personal property of an individual that is used primarily for personal, family or household purposes.

(b) Property of an individual exempt from execution under the laws of this state.

(c) Any power or interest that a person may exercise solely for the benefit of another person.

(d) Property held in trust for another person.

(2) Notwithstanding subsection (1) of this section, a court may appoint a receiver with respect to property described in subsection (1)(a) of this section in a domestic relations suit.

(3) A court may appoint a receiver with respect to any nonexempt interest in property that is partially exempt from execution, including fee title to real property subject to a homestead exemption. [2017 c.358 §5]

Source: Section 37.050 — Property not subject to receivership; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 37.120 — OR Code / Title 3 / Chapter 37 / Section 37.120
37.120 Duties of receiver
Status: in_force

(1) A receiver shall notify all federal and state taxing and applicable regulatory agencies of the receiver’s appointment in accordance with any applicable laws imposing this duty, including 26 U.S.C. 6036.

(2) A receiver shall comply with applicable law.

(3) If appointed with respect to any real property, a receiver shall file with the recorder of the county in which the real property is located a certified copy of the order of appointment, together with a legal description of the real property if one is not included in the order.

(4) The court appointing a receiver may impose additional duties on the receiver at any time. The court may limit, expand or modify duties imposed by the court on a receiver at any time. [2017 c.358 §12]

Source: Section 37.120 — Duties of receiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 36.685 — OR Code / Title 3 / Chapter 36 / Section 36.685
36.685 Award
Status: in_force

(1) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. If the award requires the payment of money, including but not limited to payment of costs or attorney fees, the award must be accompanied by a separate statement that contains the information required by ORS 18.042 (Judgment in civil action that includes money award) for judgments that include money awards. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.

(2) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may extend the time within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award. [2003 c.598 §19; 2003 c.576 §169a]

Note: See note under 36.600 (Definitions) .

Source: Section 36.685 — Award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.315 — OR Code / Title 3 / Chapter 30 / Section 30.315
30.315 Proceedings by cities and counties to enforce ordinances and resolutions
Status: in_force

(1) An incorporated city or any county may maintain civil proceedings in courts of this state against any person or property to enforce requirements or prohibitions of its ordinances or resolutions when it seeks:

(a) To collect a fee or charge;

(b) To enforce a forfeiture;

(c) To require or enjoin the performance of an act affecting real property;

(d) To enjoin continuance of a violation that has existed for 10 days or more; or

(e) To enjoin further commission of a violation that otherwise may result in additional violations of the same or related penal provisions affecting the public morals, health or safety.

(2) The remedies provided by this section are supplementary and in addition to those described in ORS 30.310 (Actions and suits by governmental units) .

(3) Nothing in this section shall affect the limitations imposed on cities and counties by ORS 131A.010 (Legislative findings) (3) and (4). [1961 c.313 §2; 1963 c.338 §1; 1985 c.626 §1; 1989 c.882 §§1,2; 2009 c.78 §53]

Source: Section 30.315 — Proceedings by cities and counties to enforce ordinances and resolutions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.300 — OR Code / Title 3 / Chapter 35 / Section 35.300
35.300 Offer of compromise
Status: in_force

(1) After the filing of a condemnation action, a condemner may serve an offer of compromise on the defendant in the action. An offer of compromise must be served on the defendant not later than 10 days before the trial of the action. The offer of compromise must identify the amount offered as just compensation for the property and as compensable damages to remaining property of the defendant. The offer of compromise must also indicate whether the offer includes any amount for costs and disbursements, attorney fees and expenses and, if so, the amounts included for costs and disbursements, attorney fees and expenses. If the defendant accepts the amount offered as just compensation for the property and as compensable damages to remaining property of the defendant, the defendant shall file with the court an acceptance signed by the defendant or the defendant’s attorney. The acceptance must be filed not more than three days after the time the offer was served on the defendant. A copy of the offer must be attached to the acceptance.

(2) If an offer of compromise under this section does not specifically include amounts for costs and disbursements, attorney fees and expenses, upon acceptance of the offer the court shall give judgment to the defendant for the amount offered as just compensation for the property and as compensable damages to remaining property of the defendant and, in addition, for costs and disbursements, attorney fees and expenses that are determined by the court to have been incurred before service of the offer on the defendant.

(3) If an offer of compromise under this section specifically includes amounts for costs and disbursements, attorney fees and expenses, the defendant may accept all amounts offered, or may accept only that portion of the offer identified as just compensation for the property and as compensable damages to remaining property of the defendant. If the defendant accepts only that portion of the offer identified as just compensation for the property and as compensable damages to remaining property of the defendant, the defendant is entitled to an award for costs and disbursements, attorney fees and expenses incurred by the defendant before service of the offer on the defendant. The court shall determine the amount of costs and disbursements, attorney fees and expenses to be awarded to the defendant after acceptance of the offer is filed under subsection (1) of this section.

(4) If an offer of compromise is not accepted within the time allowed under subsection (1) of this section, the offer is withdrawn and may not be given in evidence at trial. If the defendant fails to obtain a judgment more favorable than the offer:

(a) The defendant may not recover prevailing party fees or costs and disbursements, attorney fees and expenses that were incurred on and after service of the offer;

(b) Unless the parties agree otherwise, the court shall give judgment to the defendant for costs and disbursements, attorney fees and expenses that were incurred by the defendant before service of the offer; and

(c) The court shall give judgment to the condemner for the condemner’s costs and disbursements, other than prevailing party fees, incurred by the condemner on and after service of the offer.

(5) For the purpose of determining whether the defendant has failed to obtain a judgment more favorable than an offer of compromise that specifically includes amounts for costs and disbursements, attorney fees and expenses, the court shall first determine the amount of costs and disbursements, attorney fees and expenses incurred by the defendant before service of the offer on the defendant. The court shall add that amount to the amounts awarded under the judgment as just compensation for the property and as compensable damages to remaining property of the defendant. If the sum of those amounts is equal to or less than the total amount specified in the offer of compromise, the defendant has not obtained a judgment more favorable than the offer of compromise.

(6) For the purposes of this section, “expenses” has the meaning given that term in ORS 35.335 (Effect of condemner’s abandonment of action) . [2009 c.530 §5]

Source: Section 35.300 — Offer of compromise , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 37.100 — OR Code / Title 3 / Chapter 37 / Section 37.100
37.100 Exclusive jurisdiction of appointing court
Status: in_force

(1) The court appointing a receiver has:

(a) Exclusive authority over the receiver;

(b) Exclusive jurisdiction over and right to control all real property and all tangible and intangible personal property constituting the estate, wherever located, to the full extent of the court’s jurisdiction; and

(c) Exclusive jurisdiction to determine all controversies relating to the collection, preservation, application and distribution of the estate and all claims against the receiver arising out of the exercise of the receiver’s powers or the performance of the receiver’s duties.

(2) Notwithstanding subsection (1) of this section, if any part of the estate is subject to the jurisdiction of another court under ORS 107.105 (Provisions of judgment) , the court appointing the receiver may not exercise authority over such part of the estate unless expressly permitted by order of the other court. [2017 c.358 §10]

Source: Section 37.100 — Exclusive jurisdiction of appointing court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 36.520 — OR Code / Title 3 / Chapter 36 / Section 36.520
36.520 Setting aside award
Status: in_force

(1) Recourse to a court against an arbitral award may only be by an application for setting aside in accordance with subsections (2) and (3) of this section.

(2) An arbitral award may be set aside by the circuit court only if:

(a) The party making application furnishes 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, failing any indication thereon, under the laws of the State of Oregon or the United States;

(B) The party making the application 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 award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters not submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or

(D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) from which the parties cannot derogate, or, failing such agreement, was not in accordance with ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) ; or

(b) The circuit 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 award is in conflict with the public policy of the State of Oregon or of the United States.

(3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made under ORS 36.518 (Correction of errors in award) , from the date on which that request had been disposed of by the arbitral tribunal.

(4) The circuit court, when asked to set aside an arbitral award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.

(5) The clerk of the circuit court shall collect the filing fees established under ORS 21.135 (Standard filing fee) from the party making application for setting aside under subsection (1) of this section and from a party filing an appearance in opposition to the application. [1991 c.405 §37; 1993 c.244 §13; 1997 c.801 §55; 2003 c.737 §§41,42; 2005 c.702 §§41,42,43; 2007 c.860 §5; 2011 c.595 §41]

Source: Section 36.520 — Setting aside award; grounds; time for application; circuit court fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.370 — OR Code / Title 3 / Chapter 34 / Section 34.370
34.370 Order to show cause
Status: in_force

(1) Except as provided in subsection (6) of this section, the judge to whom the petition for a writ of habeas corpus is presented shall, without delay, issue an order directing the defendant to show cause why the writ should not be allowed.

(2) Upon the issuance of a show cause order under subsection (1) of this section, the following shall apply:

(a) The judge shall order that the defendant appear in writing in opposition to the issuance of the writ as soon as is practicable and not more than 14 days from the date that the show cause order issues.

(b) The judge shall rule on the show cause order within seven days after either the defendant files a written appearance in opposition or the appearance period expires, whichever comes first. Upon making a ruling, the judge shall do one of the following, as appropriate:

(A) If the petition is a meritless petition, issue a judgment denying the petition and ordering the plaintiff to pay the cost of attorney fees incurred by the defendant. In no case shall the award of attorney fees exceed $100. The fees may be drawn from, or charged against, the trust account of the adult in custody.

(B) Issue a judgment granting appropriate habeas corpus relief.

(C) Issue a writ of habeas corpus requiring that a return be made.

(3) Entry of a judgment under subsection (2)(b)(A) or subsection (6) of this section shall be without prejudice. The judgment shall explain to the parties the reason for the denial.

(4) If the court has issued a writ of habeas corpus requiring a return under subsection (2)(b)(C) of this section, the parties may stipulate to a hearing as described in ORS 34.670 (Replication following return) without the necessity of a return or a replication. If the court accepts the stipulation, it shall set the matter for hearing in an expedited manner.

(5) Issuance of the writ under subsection (2) of this section shall not bind the court with respect to any subsequent rulings related to the pleadings of the parties or the ultimate disposition of the proceeding.

(6) The court may, on its own motion, enter a judgment denying a meritless petition brought under ORS 34.310 (Purpose of writ) to 34.730 (Forfeiture for refusing copy of order or process) .

(7) As used in this section, “meritless petition” means one which, when liberally construed, fails to state a claim upon which habeas corpus relief may be granted. [Amended by 1963 c.322 §1; 1991 c.884 §6; 1995 c.294 §1; 1995 c.657 §8; 1999 c.114 §5; 2019 c.213 §12]

Source: Section 34.370 — Order to show cause; time for ruling on show cause order; attorney fees; entry of judgment or issuance of writ; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.970 — OR Code / Title 3 / Chapter 30 / Section 30.970
30.970 Definitions for ORS 30.970 to 30.990
Status: in_force

As used in ORS 30.970 (Definitions for ORS 30.970 to 30.990) to 30.990 (Operators required to give skiers notice of duties) :

(1) “Inherent risks of skiing” includes, but is not limited to, those dangers or conditions which are an integral part of the sport, such as changing weather conditions, variations or steepness in terrain, snow or ice conditions, surface or subsurface conditions, bare spots, creeks and gullies, forest growth, rocks, stumps, lift towers and other structures and their components, collisions with other skiers and a skier’s failure to ski within the skier’s own ability.

(2) “Injury” means any personal injury or property damage or loss.

(3) “Skier” means any person who is in a ski area for the purpose of engaging in the sport of skiing or who rides as a passenger on any ski lift device.

(4) “Ski area” means any area designated and maintained by a ski area operator for skiing.

(5) “Ski area operator” means those persons, and their agents, officers, employees or representatives, who operate a ski area. [1979 c.665 §1]

Source: Section 30.970 — Definitions for ORS 30.970 to 30.990 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.550 — OR Code / Title 3 / Chapter 31 / Section 31.550
31.550 “Advance payment” defined
Status: in_force

As used in ORS 12.155 (Effect of notice of advance payment on running of period of limitation) and 31.550 (“Advance payment” defined) to 31.565 (Advance payment for property damage not admission of liability) , “advance payment” means compensation for the injury or death of a person or the injury or destruction of property prior to the determination of legal liability therefor. [Formerly 18.500]

Source: Section 31.550 — “Advance payment” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 31.250 — OR Code / Title 3 / Chapter 31 / Section 31.250
31.250 Mandatory dispute resolution for certain actions against health practitioners and health care facilities
Status: in_force

(1) In any action described in subsection (6) of this section, all parties to the action and their attorneys must participate in some form of dispute resolution within 270 days after the action is filed unless:

(a) The action is settled or otherwise resolved within 270 days after the action is filed; or

(b) All parties to the action agree in writing to waive dispute resolution under this section.

(2) Dispute resolution under this section may consist of arbitration, mediation or a judicial settlement conference.

(3) Within 270 days after filing an action described in subsection (6) of this section, the parties or their attorneys must file a certificate indicating that the parties and attorneys have complied with the requirements of this section.

(4) The court may impose appropriate sanctions against any party or attorney who:

(a) Fails to attend an arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section;

(b) Fails to act in good faith in any arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section;

(c) Fails to timely submit any documents required for an arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section; or

(d) Fails to have a person with authority to approve a resolution of the action available at the time of any arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section, unless the party or attorney receives from the court, before the hearing, session or conference commences, an exemption from the requirements of this paragraph.

(5) This section does not apply to parties to an action described in subsection (6) of this section that have participated in a discussion and mediation under ORS 31.264 (Discussion of adverse health care incident) and 31.268 (Mediation) .

(6) The provisions of this section apply to any action in which a claim for damages is made against a health practitioner, as described in ORS 31.740 (When award of punitive damages against health practitioner prohibited) , or against a health care facility, as defined in ORS 442.015 (Definitions) , based on negligence, unauthorized rendering of health care or product liability under ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) . [2003 c.598 §54; 2013 c.5 §§13,14; 2021 c.271 §3]

Source: Section 31.250 — Mandatory dispute resolution for certain actions against health practitioners and health care facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 34.590 — OR Code / Title 3 / Chapter 34 / Section 34.590
34.590 Discharge when no legal cause for restraint is shown
Status: in_force

If no legal cause is shown for the imprisonment or restraint, or for the continuation thereof, the court or judge shall discharge such party from the custody or restraint under which the person is held.

Source: Section 34.590 — Discharge when no legal cause for restraint is shown , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.494 — OR Code / Title 3 / Chapter 36 / Section 36.494
36.494 Commencement of arbitral proceedings
Status: in_force

Unless otherwise agreed by the parties, the arbitral proceedings in respect to a particular dispute commence on the date which a request for referral of that dispute to arbitration is received by the respondent. [1991 c.405 §24]

Source: Section 36.494 — Commencement of arbitral proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).