ORS § 33.065 — OR Code / Title 3 / Chapter 33 / Section 33.065
33.065 Procedure for imposition of punitive sanctions
Status: in_force

(1) Except as otherwise provided in ORS 161.685 (Effect of nonpayment of fines, restitution or costs) , proceedings to impose punitive sanctions for contempt shall be conducted as provided in this section.

(2) The following persons may initiate the proceeding by an accusatory instrument charging a person with contempt of court and seeking a punitive sanction:

(a) A city attorney.

(b) A district attorney.

(c) The Attorney General.

(3) If a city attorney, district attorney or Attorney General who regularly appears before the court declines to prosecute a contempt, and the court determines that remedial sanctions would not provide an effective alternative remedy, the court may appoint an attorney who is authorized to practice law in this state, and who is not counsel for an interested party, to prosecute the contempt. The court shall allow reasonable compensation for the appointed attorney’s attendance, to be paid by:

(a) The Oregon Department of Administrative Services, if the attorney is appointed by the Supreme Court, the Court of Appeals or the Oregon Tax Court;

(b) The city where the court is located, if the attorney is appointed by a municipal court; and

(c) The county where the prosecution is initiated, in all other cases.

(4) The prosecutor may initiate proceedings on the prosecutor’s own initiative, on the request of a party to an action or proceeding or on the request of the court. After the prosecutor files an accusatory instrument, the court may issue any order or warrant necessary to compel the appearance of the defendant.

(5) Except as otherwise provided by this section, the accusatory instrument is subject to the same requirements and laws applicable to an accusatory instrument in a criminal proceeding, and all proceedings on the accusatory instrument shall be in the manner prescribed for criminal proceedings.

(6) Except for the right to a jury trial, the defendant is entitled to the constitutional and statutory protections, including the right to appointed counsel, that a defendant would be entitled to in a criminal proceeding in which the fine or term of imprisonment that could be imposed is equivalent to the punitive sanctions sought in the contempt proceeding. This subsection does not affect any right to a jury that may otherwise be created by statute.

(7) Inability to comply with an order of the court is an affirmative defense. If the defendant proposes to rely in any way on evidence of inability to comply with an order of the court, the defendant shall, not less than five days before the trial of the cause, file and serve upon the city attorney, district attorney or Attorney General prosecuting the contempt a written notice of intent to offer that evidence. If the defendant fails to file and serve the notice, the defendant shall not be permitted to introduce evidence of inability to comply with an order of the court at the trial of the cause unless the court, in its discretion, permits such evidence to be introduced where just cause for failure to file the notice, or to file the notice within the time allowed, is made to appear.

(8) The court may impose a remedial sanction in addition to or in lieu of a punitive sanction.

(9) In any proceeding for imposition of a punitive sanction, proof of contempt shall be beyond a reasonable doubt. [1991 c.724 §6; 2001 c.962 §78]

Source: Section 33.065 — Procedure for imposition of punitive sanctions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 36.534 — OR Code / Title 3 / Chapter 36 / Section 36.534
36.534 Draft conciliation settlement
Status: in_force

(1) At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement which may include the assessment and apportionment of costs between the parties and send copies to the parties, specifying the time within which the parties must signify their approval.

(2) No party may be required to accept any settlement proposed by the conciliator or conciliators. [1991 c.405 §44]

Source: Section 36.534 — Draft conciliation settlement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.555 — OR Code / Title 3 / Chapter 35 / Section 35.555
35.555 Determination of necessity
Status: in_force

Whenever the state requires property for any public use, the necessity for the acquisition to be decided and declared in the first instance by the board, if the board and the owner of such property cannot agree upon the price to be paid for the amount of or interest in the property required for such public use, and the damages for the taking thereof, the board may request the Attorney General to, and the Attorney General shall when so requested, commence and prosecute in any court of competent jurisdiction in the name of the State of Oregon any necessary or appropriate suit, action or proceeding for the condemnation of the amount of or interest in the property required for such purposes and for the assessment of the damages for the taking thereof. [Formerly 281.220]

Source: Section 35.555 — Determination of necessity; suit by Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.772 — OR Code / Title 3 / Chapter 30 / Section 30.772
30.772 Liability of landowner arising out of aviation activity
Status: in_force

(1) As used in this section:

(a) “Airstrip” means land that contains a runway or heliport operated and maintained for the takeoff and landing of motorized aircraft and that is registered with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.

(b) “Aviation activity” includes but is not limited to hang gliding, parachuting, paragliding and operating airplanes or ultralight aircraft.

(c) “Charge” has the meaning given that term in ORS 105.672 (Definitions for ORS 105.672 to 105.696) .

(d) “Land” has the meaning given that term in ORS 105.672 (Definitions for ORS 105.672 to 105.696) .

(e) “Nonpublic airstrip” means an airstrip that is registered as a private use airport with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.

(f) “Owner” has the meaning given that term in ORS 105.672 (Definitions for ORS 105.672 to 105.696) .

(g) “Public airstrip” means an airstrip that is not a nonpublic airstrip.

(2) An owner of land is not liable for any personal injury, death or property damage arising from the use of land for purposes of aviation activity, unless the owner intentionally causes the injury, death or property damage.

(3) Subsection (2) of this section does not apply to any of the following:

(a) An owner of a public airstrip.

(b) An owner of a nonpublic airstrip if:

(A) The owner is contacted by the operator of a motorized aircraft prior to the beginning of the aircraft’s flight;

(B) The owner provides permission to the operator to use the owner’s land for activities related to the aircraft’s flight; and

(C) Gross negligence of the owner causes injury, death or property damage related to the aircraft’s flight.

(c) An owner of land who imposes a charge for the use of the land for aviation purposes. [2015 c.308 §1]

Source: Section 30.772 — Liability of landowner arising out of aviation activity; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.375 — OR Code / Title 3 / Chapter 35 / Section 35.375
35.375 Chapter as exclusive condemnation proceeding
Status: in_force

Except for procedures provided in ORS chapter 368, any action for the condemnation of property under the power of eminent domain shall be conducted according to this chapter. [1971 c.741 §3; 1979 c.873 §3; 1981 c.153 §52]

Source: Section 35.375 — Chapter as exclusive condemnation proceeding; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 36.150 — OR Code / Title 3 / Chapter 36 / Section 36.150
36.150 Additional funding
Status: in_force

Portland State University, on behalf of the Mark O. Hatfield School of Government and the University of Oregon, on behalf of the University of Oregon School of Law, may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of encouraging, promoting or establishing dispute resolution programs in Oregon or to facilitate and assist the schools in carrying out the responsibilities of the schools under 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) and 183.502 (Authority of agencies to use alternative means of dispute resolution) . All moneys received by the University of Oregon and Portland State University under this section shall be deposited in the Dispute Resolution Account. [1989 c.718 §11; 2003 c.791 §15; 2005 c.817 §4b; 2009 c.762 §43; 2013 c.768 §104]

Source: Section 36.150 — Additional funding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.550 — OR Code / Title 3 / Chapter 35 / Section 35.550
35.550 Definitions for ORS 35.550 to 35.575
Status: in_force

As used in ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required) :

(1) “Property” means real property, water, watercourses, and water and riparian rights, or any right or interest therein.

(2) “Board” means:

(a) The state board of commissioners, trustees, or other state board, having direction of the state department or institution for which the property is desired; or

(b) The Department of State Lands, if there is no other state board for the department or institution for which the property is sought to be acquired. [Formerly 281.210]

Source: Section 35.550 — Definitions for ORS 35.550 to 35.575 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 36.220 — OR Code / Title 3 / Chapter 36 / Section 36.220
36.220 Confidentiality of mediation communications and agreements
Status: in_force

(1) Except as provided in ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) :

(a) Mediation communications are confidential and may not be disclosed to any other person.

(b) The parties to a mediation may agree in writing that all or part of the mediation communications are not confidential.

(2) Except as provided in ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) :

(a) The terms of any mediation agreement are not confidential.

(b) The parties to a mediation may agree that all or part of the terms of a mediation agreement are confidential.

(3) Statements, memoranda, work products, documents and other materials, otherwise subject to discovery, that were not prepared specifically for use in a mediation, are not confidential.

(4) Any document that, before its use in a mediation, was a public record as defined in ORS 192.311 (Definitions for ORS 192.311 to 192.478) remains subject to disclosure to the extent provided by ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(5) Any mediation communication relating to child abuse that is made to a person who is required to report child abuse under the provisions of ORS 419B.010 (Duty of officials to report child abuse) is not confidential to the extent that the person is required to report the communication under the provisions of ORS 419B.010 (Duty of officials to report child abuse) . Any mediation communication relating to elder abuse that is made to a person who is required to report elder abuse under the provisions of ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) is not confidential to the extent that the person is required to report the communication under the provisions of ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) .

(6) A mediation communication is not confidential if the mediator or a party to the mediation reasonably believes that disclosing the communication is necessary to prevent a party from committing a crime that is likely to result in death or substantial bodily injury to a specific person.

(7) A party to a mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS 40.010 (Rule 100. Short title) to 40.585 (Rule 1008. Functions of court and jury) or other provision of law. A party may disclose confidential mediation communications to any other person for the purpose of obtaining advice concerning the subject matter of the mediation, if all parties to the mediation so agree.

(8) The confidentiality of mediation communications and agreements in a mediation in which a public body is a party, or in which a state agency is mediating a dispute as to which the state agency has regulatory authority, is subject to ORS 36.224 (State agencies) , 36.226 (Public bodies other than state agencies) and 36.230 (Public bodies) . [1997 c.670 §1]

Source: Section 36.220 — Confidentiality of mediation communications and agreements; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 33.075 — OR Code / Title 3 / Chapter 33 / Section 33.075
33.075 Compelling attendance of defendant
Status: in_force

(1) If a person served with an order to appear under ORS 33.055 (Procedure for imposition of remedial sanctions) fails to appear at the time and place specified in the order, the court may issue any order or warrant necessary to compel the appearance of the defendant.

(2) A person against whom a complaint has been issued under ORS 33.065 (Procedure for imposition of punitive sanctions) may be cited to appear in lieu of custody as provided in ORS 133.055 (Criminal citation) . If the person fails to appear at the time and place specified in the citation, the court may issue any order or warrant necessary to compel the appearance of the defendant.

(3) When the court issues a warrant for contempt, the court shall specify a security amount. Unless the defendant pays the security amount upon arrest, the sheriff shall keep the defendant in custody until either a release decision is made by the court or until disposition of the contempt proceedings.

(4) The defendant shall be discharged from the arrest upon executing and delivering to the sheriff, at any time before the return day of the warrant, a security release or a release agreement as provided in ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) , to the effect that the defendant will appear on the return day and abide by the order or judgment of the court or officer or pay, as may be directed, the sum specified in the warrant.

(5) The sheriff shall return the warrant and the security deposit, if any, given to the sheriff by the defendant by the return day specified in the warrant.

(6) When a warrant for contempt issued under subsection (2) of this section has been returned after having been served and the defendant does not appear on the return day, the court may do either or both of the following:

(a) Issue another warrant.

(b) Proceed against the security deposited upon the arrest.

(7) If the court proceeds against the security under subsection (6) of this section and the sum specified is recovered, the court may award to any party to the action any or all of the money recovered as remedial damages. [1991 c.724 §7; 1993 c.196 §3; 2011 c.597 §119]

Source: Section 33.075 — Compelling attendance of defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 37.410 — OR Code / Title 3 / Chapter 37 / Section 37.410
37.410 Termination of receivership
Status: in_force

(1) Upon distribution or disposition of all property of the estate or the completion of the receiver’s duties with respect to estate property, or for other good cause, the receiver shall move the court for an order discharging the receiver.

(2) The receiver shall attach to the motion for discharge a final report and accounting setting forth:

(a) A list of estate property received during the receivership;

(b) A list of disbursements, including payments to professionals engaged by the receiver;

(c) A list of dispositions of estate property;

(d) A list of distributions made or proposed to be made from the estate for creditor claims;

(e) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and

(f) Any other information required by the court.

(3) If the court approves the final report and accounting, the court shall discharge the receiver. The court may issue an order exonerating the receiver’s bond or alternative security.

(4) The receiver’s discharge:

(a) Releases the receiver from any further duties and responsibilities under the Oregon Receivership Code; and

(b) Releases the receiver and any persons acting on behalf of the receiver from all further liability in connection with the administration of estate property or the receivership.

(5) Upon motion of any interested person, or upon the court’s own motion, the court may discharge the receiver and terminate the court’s administration of the property over which the receiver was appointed.

(6) Upon termination of the receivership under any circumstances, if the court determines that the appointment of the receiver was wrongfully procured or procured in bad faith, the court may assess against the person who procured the receiver’s appointment all of the receiver’s fees and other costs of the receivership, and any other sanctions the court deems appropriate. [2017 c.358 §41]

Source: Section 37.410 — Termination of receivership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 34.560 — OR Code / Title 3 / Chapter 34 / Section 34.560
34.560 Failure of sheriff to return writ
Status: in_force

If a sheriff neglects to return the writ, the warrant may be directed to any other person to be designated therein, who shall have full power to execute the same, and such sheriff, upon being brought up, may be committed to the jail of any county other than the county over which the sheriff has jurisdiction. [Amended by 1965 c.221 §12; 1987 c.158 §6]

Source: Section 34.560 — Failure of sheriff to return writ , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.320 — OR Code / Title 3 / Chapter 30 / Section 30.320
30.320 Contract and other actions and suits against governmental units
Status: in_force

A suit or action may be maintained against any county and against the State of Oregon by and through and in the name of the appropriate state agency upon a contract made by the county in its corporate character, or made by such agency and within the scope of its authority; provided, however, that no suit or action may be maintained against any county or the State of Oregon upon a contract relating to the care and maintenance of an adult in custody or patient of any county or state institution. An action or suit may be maintained against any other public corporation mentioned in ORS 30.310 (Actions and suits by governmental units) for an injury to the rights of the plaintiff arising from some act or omission of such other public corporation within the scope of its authority. An action may be maintained against any governmental unit mentioned in ORS 30.310 (Actions and suits by governmental units) for liability in tort only as provided in ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) . An action or suit to quiet title may be maintained against any governmental unit mentioned in ORS 30.310 (Actions and suits by governmental units) . [Amended by 1959 c.614 §1; 1969 c.429 §4; 1993 c.289 §1; 2019 c.213 §3]

Source: Section 30.320 — Contract and other actions and suits against governmental units , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.018 — OR Code / Title 3 / Chapter 35 / Section 35.018
35.018 Severability
Status: in_force

If any portion or portions of chapter 1, Oregon Laws 2007, are declared invalid by a court of competent jurisdiction, the remaining portions of chapter 1, Oregon Laws 2007, shall remain in full force and effect. [2007 c.1 §3]

Note: 35.018 (Severability) was enacted into law but was not added to or made a part of ORS chapter 35 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

Note: Legislative Counsel has substituted “chapter 1, Oregon Laws 2007,” for the words “this 2006 Act” in section 3, chapter 1, Oregon Laws 2007, compiled as 35.018 (Severability) . Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication) . The sections for which substitution otherwise would be made may be determined by referring to the 2007 Comparative Section Table located in Volume 22 of ORS.

Source: Section 35.018 — Severability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 36.179 — OR Code / Title 3 / Chapter 36 / Section 36.179
36.179 Mediation and other alternative dispute resolution services for public bodies
Status: in_force

The Mark O. Hatfield School of Government shall establish and operate a program to provide mediation and other alternative dispute resolution services to public bodies, as defined by ORS 174.109 (“Public body” defined) , and to persons who have disputes with public bodies, as defined by ORS 174.109 (“Public body” defined) . [2005 c.817 §11]

Source: Section 36.179 — Mediation and other alternative dispute resolution services for public bodies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.690 — OR Code / Title 3 / Chapter 34 / Section 34.690
34.690 Requiring production of person after writ issued
Status: in_force

The court or judge before whom the writ is returnable may, before final decision, issue a precept to the officer or other person to whom the writ is directed, requiring the production of the person. [Amended by 1991 c.884 §9]

Source: Section 34.690 — Requiring production of person after writ issued , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 37.140 — OR Code / Title 3 / Chapter 37 / Section 37.140
37.140 Collection by receiver of debts owed to owner
Status: in_force

(1) Upon demand by a receiver, a person that owes a debt that is estate property and is matured or payable on demand shall pay the debt to the receiver, except to the extent that the debt is subject to setoff or recoupment.

(2) A person who has notice of the appointment of a receiver and owes a debt that is estate property may not satisfy the debt by payment to the owner. [2017 c.358 §14]

Source: Section 37.140 — Collection by receiver of debts owed to owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.947 — OR Code / Title 3 / Chapter 30 / Section 30.947
30.947 Effect of siting of destination resorts or other nonfarm or nonforest uses
Status: in_force

The fact that a comprehensive plan and implementing ordinances allow the siting of destination resorts or other nonfarm or nonforest uses as provided in ORS 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses) , 197.435 (Definitions for ORS 197.435 to 197.467) to 197.467 (Conservation easement to protect resource site) , 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) , 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) and 215.284 (Dwelling not in conjunction with farm use) , does not in any way affect 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) . [1987 c.886 §13; 1995 c.703 §6]

Source: Section 30.947 — Effect of siting of destination resorts or other nonfarm or nonforest uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.365 — OR Code / Title 3 / Chapter 34 / Section 34.365
34.365 Filing petition of prisoner without payment of filing fees
Status: in_force

(1) Any court of the State of Oregon may authorize the filing of a petition for a writ of habeas corpus by or on behalf of any person imprisoned or otherwise restrained of liberty by virtue of a charge or conviction of crime without payment of the filing fees therefor, if such person presents to the court or judge thereof satisfactory proof, by declaration under penalty of perjury and as otherwise required by such judge, that the person is unable to pay such fees.

(2) Notwithstanding the fact that a court has authorized the filing of a petition without payment of the filing fee required by ORS 34.340 (Petition) , the fee may be drawn from, or charged against, the plaintiff’s trust account if the plaintiff is an adult in custody in a correctional facility. [1955 c.493 §1; 1995 c.657 §7; 1999 c.114 §4; 2019 c.213 §11; 2022 c.68 §7]

Source: Section 34.365 — Filing petition of prisoner without payment of filing fees; fee as charge against trust account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.835 — OR Code / Title 3 / Chapter 30 / Section 30.835
30.835 Action for improper disclosure of private information
Status: in_force

(1) As used in this section:

(a) “Disclose” includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer.

(b) “Injure” means to subject another to bodily injury or death.

(c) “Harass” means to subject another to severe emotional distress such that the individual experiences anxiety, fear, torment or apprehension that may or may not result in a physical manifestation of severe emotional distress or a mental health diagnosis and is protracted rather than merely trivial or transitory.

(d) “Personal information” means:

(A) The plaintiff’s home address, personal electronic mail address, personal phone number or Social Security number;

(B) Contact information for the plaintiff’s employer;

(C) Contact information for a family member of the plaintiff;

(D) Photographs of the plaintiff’s children; or

(E) Identification of the school that the plaintiff’s children attend.

(e) “Stalk” means conduct constituting the crime of stalking under ORS 163.732 (Stalking) or conduct that would give rise to an action for issuance or violation of a stalking protective order under ORS 30.866 (Action for issuance or violation of stalking protective order) .

(2) A plaintiff has a cause of action for improper disclosure of private information if the plaintiff establishes by a preponderance of the evidence that:

(a) The defendant, with the intent to stalk, harass or injure the plaintiff, knowingly caused personal information to be disclosed;

(b) The defendant knew or reasonably should have known that the plaintiff did not consent to the disclosure;

(c) The plaintiff is stalked, harassed or injured by the disclosure; and

(d) A reasonable person would be stalked, harassed or injured by the disclosure.

(3) A plaintiff who prevails in a claim under this section may recover:

(a) Economic and noneconomic damages, as those terms are defined in ORS 31.710 (Limitation on award for noneconomic damages in claim for wrongful death) ;

(b) Punitive damages;

(c) Injunctive relief;

(d) Reasonable attorney fees; and

(e) Any other appropriate equitable relief.

(4) 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. [2021 c.300 §1]

Source: Section 30.835 — Action for improper disclosure of private information; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.875 — OR Code / Title 3 / Chapter 30 / Section 30.875
30.875 Civil damages for shoplifting or taking of agricultural produce
Status: in_force

(1) An adult or an emancipated minor who takes possession of any merchandise displayed or offered for sale by any mercantile establishment, or who takes from any real property any agricultural produce kept, grown or raised on the property for purposes of sale, without the consent of the owner and with the intention of converting such merchandise or produce to the individual’s own use without having paid the purchase price thereof, or who alters the price indicia of such merchandise, shall be civilly liable to the owner for actual damages, for a penalty to the owner in the amount of the retail value of the merchandise or produce not to exceed $500, and for an additional penalty to the owner of not less than $100 nor more than $250.

(2) The parents having custody of an unemancipated minor who takes possession of any merchandise displayed or offered for sale by any mercantile establishment, or who takes from any real property any agricultural produce kept, grown or raised on the property for purposes of sale, without the consent of the owner, and with the intention of converting such merchandise or produce to the minor’s own use without having paid the purchase price thereof, or who alters the price indicia of such merchandise or who engages in conduct described in ORS 164.125 (Theft of services) , 164.132 (Unlawful distribution of cable television equipment) or 164.373 (Tampering with cable television equipment) , shall be civilly liable to the owner for actual damages, for a penalty to the owner in the amount of the retail value of the merchandise or produce not to exceed $250, plus an additional penalty to the owner of not less than $100 nor more than $250. Persons operating a foster home certified under ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department) are not liable under this subsection for the acts of children not related to them by blood or marriage and under their care.

(3) A conviction for theft is not a condition precedent to the maintenance of a civil action under this section.

(4) A civil liability under this section is not limited by any other law that limits liability of parents of minor children.

(5) An action for recovery of damages under this section may be brought in any court of competent jurisdiction, including the small claims department of a circuit court if the total damages do not exceed the jurisdictional limit of the small claims department.

(6) The fact that an owner or seller of merchandise or agricultural produce may bring an action against an individual for damages as provided in this section shall not limit the right of the owner or seller to demand, in writing, that a person who is liable for damages under this section remit said damages prior to the commencement of any legal action.

(7) Judgments, but not claims, arising under this section may be assigned.

(8) An action under this section may not be brought based on a dishonored check, draft or order for payment of money if an action can be brought on the dishonored check, draft or order under ORS 30.701 (Actions against maker of dishonored check) .

(9) An action under this section must be commenced within three years after the merchandise or agricultural produce is taken. [1979 c.592 §2; 1981 c.716 §6; 1985 c.537 §6; 1987 c.907 §16; 1995 c.658 §28; 1997 c.182 §§3,4; 1999 c.705 §5; 2003 c.324 §1]

Source: Section 30.875 — Civil damages for shoplifting or taking of agricultural produce , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.205 — OR Code / Title 3 / Chapter 31 / Section 31.205
31.205 Damages recoverable for defamation by radio, television, motion pictures, newspaper or printed periodical
Status: in_force

Except as provided in ORS 31.210 (When general damages allowed) , in an action for damages on account of a defamatory statement published or broadcast in a newspaper, magazine, other printed periodical, or by radio, television or motion pictures, the plaintiff may recover any general and special damages which, by competent evidence, the plaintiff can prove to have suffered as a direct and proximate result of the publication of the defamatory statement. [Formerly 30.155]

Source: Section 31.205 — Damages recoverable for defamation by radio, television, motion pictures, newspaper or printed periodical , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 31.580 — OR Code / Title 3 / Chapter 31 / Section 31.580
31.580 Effect of collateral benefits
Status: in_force

(1) In a civil action, when a party is awarded damages for bodily injury or death of a person which are to be paid by another party to the action, and the party awarded damages or person injured or deceased received benefits for the injury or death other than from the party who is to pay the damages, the court may deduct from the amount of damages awarded, before the entry of a judgment, the total amount of those collateral benefits other than:

(a) Benefits which the party awarded damages, the person injured or that person’s estate is obligated to repay;

(b) Life insurance or other death benefits;

(c) Insurance benefits for which the person injured or deceased or members of that person’s family paid premiums; and

(d) Retirement, disability and pension plan benefits, and federal Social Security benefits.

(2) Evidence of the benefit described in subsection (1) of this section and the cost of obtaining it is not admissible at trial, but shall be received by the court by affidavit submitted after the verdict by any party to the action. [Formerly 18.580]

Source: Section 31.580 — Effect of collateral benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 30.774 — OR Code / Title 3 / Chapter 30 / Section 30.774
30.774 Indemnification of property owner that allows nonprofit organization or educational provider to use property
Status: in_force

(1) As used in this section, “educational provider” means a public or private elementary or secondary school or an education service district.

(2) A property owner that enters into a contract to allow a nonprofit organization or an educational provider to use the property owner’s property or facilities may not require in any separate agreement any individual to indemnify the property owner for damages not caused by the individual while the nonprofit organization or educational provider and the individual use the property or facilities.

(3) This section does not prohibit a property owner from requiring a nonprofit organization or educational provider to indemnify the property owner for damages caused by the organization’s or provider’s use of the property or facilities. [2015 c.749 §1]

Source: Section 30.774 — Indemnification of property owner that allows nonprofit organization or educational provider to use property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.230 — OR Code / Title 3 / Chapter 34 / Section 34.230
34.230 Imposition of fine
Status: in_force

Whenever a peremptory mandamus is directed to a public officer or body commanding the performance of any public duty specially enjoined by law, if it appears to the court or judge thereof that the officer or any member of the body has without just excuse refused or neglected to perform the duty so enjoined, the court or judge may impose a fine, not exceeding $500, upon every such officer or member of such body; and the payment thereof is a bar to any action for any penalty incurred by the officer or member by reason of the refusal or neglect of the officer or member to perform the duty so enjoined.

Source: Section 34.230 — Imposition of fine; payment as bar , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.440 — OR Code / Title 3 / Chapter 30 / Section 30.440
30.440 Judgment by collusion not a bar
Status: in_force

A recovery of a judgment for a penalty or forfeiture by collusion between the plaintiff and defendant, with intent to save the defendant, wholly or partially, from the consequences contemplated by law, in case where the penalty or forfeiture is given wholly or partly to the person who prosecutes, shall not bar the recovery of the same by another person.

Source: Section 30.440 — Judgment by collusion not a bar , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.210 — OR Code / Title 3 / Chapter 37 / Section 37.210
37.210 Claims bar date
Status: in_force

A receiver may, after providing notice to all known creditors of the owner, set a deadline for the submission of claims by creditors. The receiver, upon court order, may disallow any claims submitted after the deadline. [2017 c.358 §21]

Source: Section 37.210 — Claims bar date , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.928 — OR Code / Title 3 / Chapter 30 / Section 30.928
30.928 Time limitation for actions for damages caused by certain light bulbs
Status: in_force

(1) As used in this section, “R type metal halide or mercury vapor light bulb” means a metal halide or mercury vapor light bulb that does not have an internal mechanism that shuts off the light automatically within 15 minutes after the bulb is broken.

(2) A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs may not be commenced more than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the injury and the causal relationship between the injury and the conduct of the defendant.

(3) A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs is subject only to the limitation imposed by this section and is not subject to ORS 30.905 (Time limitation for commencement of action) or any other statute of limitation or statute of ultimate repose. [2009 c.485 §11]

Source: Section 30.928 — Time limitation for actions for damages caused by certain light bulbs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 35.325 — OR Code / Title 3 / Chapter 35 / Section 35.325
35.325 Effect of judgment
Status: in_force

Upon the assessment of the compensation by the jury, the court shall give judgment appropriating the property in question to the condemner, conditioned upon the condemner’s paying into court the compensation assessed by the jury; and, after the making of such payment, the judgment shall become effective to convey the property, and the right of possession thereof to the condemner if not previously acquired. [1971 c.741 §16]

Source: Section 35.325 — Effect of judgment; effect of payment under judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 30.877 — OR Code / Title 3 / Chapter 30 / Section 30.877
30.877 Treble damages and costs in actions arising out of research and animal interference and arising out of interference with livestock production
Status: in_force

In any civil action arising out of conduct that would constitute a violation of ORS 167.312 (Research and animal interference) or 167.388 (Interference with livestock production) , the court shall award treble the amount of damages caused to real or personal property by the violation. In addition, in any civil action arising out of conduct that would constitute a violation of ORS 167.312 (Research and animal interference) , the court shall award the costs of repeating experiments, including but not limited to the costs of replacing records, data, equipment, specimens, labor and materials, if the conduct causes the failure of an experiment in progress or irreparable damage to completed research or experimentation. [2001 c.843 §1]

Source: Section 30.877 — Treble damages and costs in actions arising out of research and animal interference and arising out of interference with livestock production , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.689 — OR Code / Title 3 / Chapter 30 / Section 30.689
30.689 Policy
Status: in_force

(1) It is the purpose of ORS 30.687 (Definitions for ORS 30.687 to 30.697) to 30.697 (Effect on workers’ compensation benefits) to assist courts and juries to define the circumstances under which those persons responsible for equines may and may not be liable for damages to other persons harmed in the course of equine activities.

(2) It is the policy of the State of Oregon that no person shall be liable for damages sustained by another solely as a result of risks inherent in equine activity, insofar as those risks are, or should be, reasonably obvious, expected or necessary to the person injured.

(3) It is the policy of the State of Oregon that persons responsible for equines, or responsible for the safety of those persons engaged in equine activities, who are negligent and cause foreseeable injury to a person engaged in those activities, bear responsibility for that injury in accordance with other applicable law. [1991 c.864 §1]

Source: Section 30.689 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.792 — OR Code / Title 3 / Chapter 30 / Section 30.792
30.792 Liability of health care provider or health clinic for volunteer services to charitable organization
Status: in_force

(1) As used in this section:

(a) Intentionally left blank —Ed.

(A) “Charitable organization” means a charitable organization, as defined in ORS 128.620 (Definitions for ORS 128.610 to 128.769) , that:

(i) Spends at least 65 percent of its revenues on charitable programs; and

(ii) Has a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization.

(B) “Charitable organization” does not include hospitals, intermediate care facilities or long term care facilities, as those terms are defined in ORS 442.015 (Definitions) .

(b) “Health care provider” means an individual licensed in this state as a practitioner of one or more healing arts as described in ORS 31.740 (When award of punitive damages against health practitioner prohibited) .

(c) “Health clinic” means a public health clinic or a health clinic operated by a charitable organization that provides primarily primary physical health, dental or mental health services to low-income patients without charge or using a sliding fee scale based on the income of the patient.

(2) Except as provided in subsection (3) of this section, a person may not maintain an action for damages against:

(a) A health care provider who voluntarily provides assistance, services or advice through a charitable organization if:

(A) The assistance, services or advice that caused the damages are within the scope of the license of the health care provider; and

(B) The health care provider was acting within the course and scope of the provider’s volunteer duties when the damages occurred; or

(b) A health clinic for the assistance, services or advice provided by a health care provider described in paragraph (a) of this subsection.

(3) The immunity provided in this section does not apply to:

(a) Any person who receives compensation other than reimbursement for expenses incurred by the person providing the assistance, services or advice described in subsection (2) of this section.

(b) A person operating a motor vehicle, vessel, aircraft or other vehicle for which the person or owner of the vehicle, vessel, aircraft or other vehicle is required to possess an operator’s license or to maintain insurance.

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

(d) Any activity for which a person is otherwise strictly liable without regard to fault. [1995 c.616 §2; 2005 c.362 §2; 2012 c.41 §1]

Source: Section 30.792 — Liability of health care provider or health clinic for volunteer services to charitable organization , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.452 — OR Code / Title 3 / Chapter 36 / Section 36.452
36.452 Policy
Status: in_force

(1) It is the policy of the Legislative Assembly to encourage the use of arbitration and conciliation to resolve disputes arising out of international relationships and to assure access to the courts of this state for legal proceedings ancillary to or otherwise in aid of such arbitration and conciliation and to encourage the participation and use of Oregon facilities and resources to carry out the purposes of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) .

(2) Any person may enter into a written agreement to arbitrate or conciliate any existing dispute or any dispute arising thereafter between that person and another. If the dispute is within the scope of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) , the agreement shall be enforced by the courts of this state in accordance with ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) without regard to the justiciable character of the dispute. In addition, if the agreement is governed by the law of this state, it shall be valid and enforceable in accordance with ordinary principles of contract law. [1991 c.405 §2; 1993 c.18 §12]

Source: Section 36.452 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 36.526 — OR Code / Title 3 / Chapter 36 / Section 36.526
36.526 Provisions to be interpreted in good faith
Status: in_force

In construing ORS 36.454 (Application of ORS 36.450 to 36.558) to 36.524 (Grounds for refusal to enforce award) , a court or arbitral tribunal shall interpret those sections in good faith, in accordance with the ordinary meaning to be given to their terms in their context, and in light of their objects and purposes. Recourse may be had for these purposes, in addition to aids in interpretation ordinarily available under the laws of this state, to the documents of the United Nations Commission on International Trade Law and its working group respecting the preparation of the UNCITRAL Model Law on International Commercial Arbitration and shall give those documents the weight that is appropriate in the circumstances. [1991 c.405 §40]

Source: Section 36.526 — Provisions to be interpreted in good faith , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 31.982 — OR Code / Title 3 / Chapter 31 / Section 31.982
31.982 Action for criminal conversation abolished
Status: in_force

There shall be no civil cause of action for criminal conversation. [Formerly 30.850]

Source: Section 31.982 — Action for criminal conversation abolished , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 37.080 — OR Code / Title 3 / Chapter 37 / Section 37.080
37.080 Required disclosures relating to conflicts of interest
Status: in_force

A court may not appoint a person as a receiver unless the person first:

(1) Discloses whether the person:

(a) Is an affiliate of a party to the receivership;

(b) Has an interest materially adverse to an interest of a party to the receivership;

(c) Has a material financial interest in the outcome of the action, other than compensation approved by the court;

(d) Has a debtor-creditor relationship with the owner; or

(e) Holds an equity interest in a party to the receivership, other than a noncontrolling interest in a publicly traded company; and

(2) Affirms under oath that the person’s disclosure under subsection (1) of this section is true and complete. [2017 c.358 §8]

Source: Section 37.080 — Required disclosures relating to conflicts of interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 34.030 — OR Code / Title 3 / Chapter 34 / Section 34.030
34.030 Jurisdiction to grant writ
Status: in_force

The writ shall be allowed by the circuit court, or, in counties where the county court has judicial functions, by the county court wherein the decision or determination sought to be reviewed was made, upon the petition of the plaintiff, describing the decision or determination with convenient certainty, and setting forth the errors alleged to have been committed therein. The petition shall be signed by the plaintiff or the attorney of the plaintiff, and verified by the certificate of an attorney to the effect that the attorney has examined the process or proceeding, and the decision or determination therein, and that it is erroneous as alleged in the petition. A writ shall not be allowed unless the petition therefor is made within 60 days from the date of the decision or determination sought to be reviewed. [Amended by 1979 c.772 §9a]

Source: Section 34.030 — Jurisdiction to grant writ; petition for writ; time limit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.550 — OR Code / Title 3 / Chapter 36 / Section 36.550
36.550 Payment of costs
Status: in_force

The costs fixed by the conciliator or conciliators as pursuant to ORS 36.548 (Costs of conciliation proceedings) shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by that party. [1991 c.405 §52]

Source: Section 36.550 — Payment of costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 33.135 — OR Code / Title 3 / Chapter 33 / Section 33.135
33.135 Limitations of actions
Status: in_force

(1) Except as provided in subsection (5) of this section, proceedings under ORS 33.055 (Procedure for imposition of remedial sanctions) to impose remedial sanctions for contempt and under ORS 33.065 (Procedure for imposition of punitive sanctions) to impose punitive sanctions for contempt shall be commenced within two years of the act or omission constituting the contempt.

(2) For the purposes of this section, a proceeding to impose remedial sanctions shall be deemed commenced as to each defendant when the motion provided for in ORS 33.055 (Procedure for imposition of remedial sanctions) is filed.

(3) Proceedings to impose punitive sanctions are subject to ORS 131.135 (When prosecution commenced) , 131.145 (When time starts to run) and 131.155 (Tolling of statute) .

(4) The time limitations imposed by subsection (1) of this section shall not act to bar proceedings to impose sanctions for an act or omission that constitutes a continuing contempt at the time contempt proceedings are commenced. The willful failure of an obligor, as that term is defined in ORS 110.503 (Definitions) , to pay a support obligation after that obligation becomes a judgment is a contempt without regard to when the obligation became a judgment.

(5) Proceedings to impose remedial or punitive sanctions for failure to pay a support obligation by an obligor, as defined in ORS 110.503 (Definitions) , shall be commenced within 10 years of the act or omission constituting contempt. [1991 c.724 §12; 2005 c.560 §15; 2015 c.298 §88]

Source: Section 33.135 — Limitations of actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 28.110 — OR Code / Title 3 / Chapter 28 / Section 28.110
28.110 Parties
Status: in_force

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal charter, ordinance or franchise, the municipality affected shall be made a party, and shall be entitled to be heard, and if the constitution, statute, charter, ordinance or franchise is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard.

Source: Section 28.110 — Parties; service on Attorney General when constitutional question involved , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.580 — OR Code / Title 3 / Chapter 30 / Section 30.580
30.580 Action to annul corporate existence on leave of court
Status: in_force

An action may be maintained in the name of the state against a corporation, other than a public one, on leave granted by the court or judge thereof where the action is triable, for the purpose of avoiding the charter or annulling the existence of such corporation, whenever it shall:

(1) Offend against any of the provisions of an Act creating, renewing, or modifying such corporation, or the provisions of any general law under which it became incorporated;

(2) Violate the provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;

(3) Whenever it has forfeited its privileges or franchises, by failure to exercise its powers;

(4) Whenever it has done or omitted any act, which amounts to a surrender of its corporate rights, privileges and franchises; or,

(5) Whenever it exercises a franchise or privilege not conferred upon it by law.

Source: Section 30.580 — Action to annul corporate existence on leave of court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 33.520 — OR Code / Title 3 / Chapter 33 / Section 33.520
33.520 Discharge of surety or letter of credit issuer on application of principal
Status: in_force

Any trustee, committee, guardian, assignee, receiver, executor, administrator or other fiduciary shall be entitled to have any surety on the bond of the fiduciary or of any irrevocable letter of credit issuer discharged from liability thereon, and the fiduciary may file a new bond or irrevocable letter of credit as provided in this section. The fiduciary may, on written notice to the surety or letter of credit issuer and to all other interested persons, apply to the court that accepted the bond or irrevocable letter of credit, or to a judge thereof, praying that the surety or irrevocable letter of credit be discharged from liability thereon, and that the principal be allowed to file a new bond or irrevocable letter of credit and to account. Notice of the application shall be served on the surety or letter of credit issuer and on each of the persons interested, within the state, not less than 10 days prior to the date on which the application is to be made, unless it satisfactorily appears to the court or judge that the notice cannot with due diligence be served within the state, in which case notice may be given in such manner as the court or judge shall direct. Upon the return of the application, the principal may file a new bond or irrevocable letter of credit satisfactory to the court or judge, and therewith file an account of all proceedings, whereupon the court or judge shall proceed, upon due notice to all persons interested, to judicially settle the account and duly credit and charge the principal; and upon the trust fund or estate being found or made good and paid over or properly secured, the surety or letter of credit issuer shall be discharged from all liability. [Amended by 1991 c.331 §12]

Source: Section 33.520 — Discharge of surety or letter of credit issuer on application of principal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 37.180 — OR Code / Title 3 / Chapter 37 / Section 37.180
37.180 When court order required
Status: in_force

(1) A receiver may not take any of the following actions unless the receiver, after giving notice, obtains a court order specifically authorizing the action, except as provided in subsection (2) of this section:

(a) Sale or other disposition of real property;

(b) Use or transfer of property outside the ordinary course of business;

(c) Sale of a co-owner’s interest in jointly owned property;

(d) Assumption of an executory contract;

(e) Obtaining credit or incurring debt outside the ordinary course of business;

(f) Compromise or settlement of a controversy that might affect the distribution to creditors from the estate;

(g) Disallowance of all or part of a claim against the estate; and

(h) Termination of the receivership.

(2) For any action described in subsection (1)(a) to (f) of this section, a court may establish conditions under which a receiver may take the action without first obtaining an order specifically authorizing the action, if the court finds that the burden of seeking a court order is likely to outweigh the materiality of the actions under those conditions. The court may establish such conditions in the order appointing the receiver or in any other order. [2017 c.358 §18]

Source: Section 37.180 — When court order required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.590 — OR Code / Title 3 / Chapter 30 / Section 30.590
30.590 Judgment against corporation
Status: in_force

If it is determined that a corporation, against which an action has been commenced pursuant to ORS 30.570 (Action to annul corporate existence on direction of Governor) or 30.580 (Action to annul corporate existence on leave of court) , has forfeited its corporate rights, privileges and franchises, judgment shall be given that the corporation be excluded therefrom, and that the corporation be dissolved.

Source: Section 30.590 — Judgment against corporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.500 — OR Code / Title 3 / Chapter 36 / Section 36.500
36.500 Oral hearing
Status: in_force

(1) Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument or whether the proceedings shall be conducted on the basis of documents and other materials.

(2) Unless the parties have agreed that no oral hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate stage of the proceedings, if so requested by a party.

(3) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of the inspection of documents, goods or other property.

(4) All statements, documents or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party. Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.

(5) Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings shall be held in camera. [1991 c.405 §27; 1993 c.244 §6]

Source: Section 36.500 — Oral hearing; notice; discovery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.440 — OR Code / Title 3 / Chapter 34 / Section 34.440
34.440 Who may serve writ
Status: in_force

(1) A writ of habeas corpus may be served by any sheriff within the county of the sheriff, or by any other person designated in the writ in any county within the state. The service of the writ shall be deemed complete, so as to require the prisoner to be brought up before the court or judge issuing the writ under the provisions of ORS 34.370 (Order to show cause) , only if:

(a) The party serving the writ tenders to the person in whose custody the prisoner may be, if such person is a sheriff or other officer, the fees allowed by law for bringing up such prisoner; and

(b) The party also enters into an undertaking to such sheriff or other officer, in a penalty double the sum for which the prisoner is detained, if the prisoner is detained for any specific sum of money, and if not, then in such a sum as the judge granting the writ directs, not exceeding $1,000, to the effect that such person shall pay the charges for carrying back the prisoner if the prisoner is remanded, and that the prisoner will not escape, either in going to or returning from the place to which the prisoner is to be taken.

(2) If such fees are not paid, or such security is not tendered, the officer to whom the writ is directed shall make a return, in the manner required by ORS 34.540 (Contents of return) , and shall state in the return the reason why the prisoner is not produced, and thereupon the court or judge granting the writ may proceed as if the prisoner was produced. This section, except for the first sentence, does not apply to a case wherein the writ is issued on the application of the district attorney. [Amended by 1991 c.884 §7]

Source: Section 34.440 — Who may serve writ; tender of fees and undertaking when service is on sheriff or other officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.785 — OR Code / Title 3 / Chapter 30 / Section 30.785
30.785 Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards
Status: in_force

(1) A construction design professional who is retained to perform professional services on a construction project, or an employee of the construction design professional in the performance of professional services on the construction project, shall not be liable for any injury to a worker on the construction project that is a compensable injury under ORS chapter 656 and that results from the failure of the employer of the worker to comply with safety standards on the construction project unless the construction design professional by contract specifically assumes responsibility for compliance with those safety standards. The immunity provided by this section to a construction design professional shall not apply to the negligent preparation of design plans or specifications.

(2) As used in this section, “construction design professional” means an architect, registered landscape architect, professional engineer or professional land surveyor. [1987 c.915 §12]

Source: Section 30.785 — Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 28.255 — OR Code / Title 3 / Chapter 28 / Section 28.255
28.255 Short title
Status: in_force

ORS 28.200 (Supreme Court authorized to answer questions of law certified by other courts) to 28.255 (Short title) may be cited as the Uniform Certification of Questions of Law Act. [1983 c.103 §12]

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

Source: Section 28.255 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.065 — OR Code / Title 3 / Chapter 30 / Section 30.065
30.065 Petition for forfeiture
Status: in_force

(1) A petition may be filed in probate proceedings to assert that the interest in damages distributable to a parent or stepparent under ORS 30.030 (Distribution of damages) to 30.060 (Appeal from order of distribution or apportionment) is subject to forfeiture under ORS 30.063 (Forfeiture of damages distributable to parent or stepparent for desertion or neglect) . A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s or stepparent’s distribution.

(2) A petition under this section must be filed not later than:

(a) Four months after the date of delivery or mailing of the information described in ORS 113.145 (Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority) if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or

(b) If the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative:

(A) Four months after the date of publication of notice to interested persons; or

(B) If notice to interested persons was not published, one year after the decedent’s date of death.

(3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by:

(a) If the petitioner is a child or sibling of the decedent, a preponderance of evidence; or

(b) If the petitioner is not a child or sibling of the decedent, clear and convincing evidence. [2019 c.461 §3; 2023 c.18 §2]

Source: Section 30.065 — Petition for forfeiture , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.480 — OR Code / Title 3 / Chapter 36 / Section 36.480
36.480 Withdrawal of arbitrator
Status: in_force

(1) If an arbitrator withdraws from the case or if the parties agree on termination because the arbitrator becomes unable, de facto or de jure, to perform the functions of the arbitrator or for other reasons fails to act without undue delay, then the arbitrator’s mandate terminates.

(2) If a controversy remains concerning any of the grounds referred to in subsection (1) of this section, a party may request the circuit court to decide on the termination of the mandate.

(3) The decision of the circuit court under subsection (2) of this section is not subject to appeal.

(4) If, under this section or ORS 36.478 (Procedure for challenging arbitrator) (3), an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to under this section or under ORS 36.476 (Disclosure by proposed arbitrators and conciliators) (4) and (5). [1991 c.405 §17]

Source: Section 36.480 — Withdrawal of arbitrator; termination of mandate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 37.190 — OR Code / Title 3 / Chapter 37 / Section 37.190
37.190 Creditor list and inventory
Status: in_force

(1) Within 60 days after appointment, or within such other time as the court may specify, a receiver shall file with the court a schedule of all known creditors of the owner, their last known mailing addresses, the amount and nature of their claims and whether their claims are disputed.

(2) If the court concludes that the estate is unlikely to be sufficient to make material distributions to unsecured creditors, the court may order that the receiver need not file a schedule as described in subsection (1) of this section. The court may order the receiver to file a schedule of any appropriate subset of creditors.

(3) Within 60 days after appointment, or within such other time as the court may specify, a receiver shall file with the court a true inventory of all estate property of which the receiver has taken possession, custody or control, except that the inventory need not include legal claims that are estate property. [2017 c.358 §19]

Source: Section 37.190 — Creditor list and inventory , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 36.540 — OR Code / Title 3 / Chapter 36 / Section 36.540
36.540 Termination of conciliation proceedings
Status: in_force

(1) The conciliation proceedings may be terminated as to all parties by any of the following:

(a) A written declaration of the conciliator or conciliators, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration.

(b) A written declaration of the parties addressed to the conciliator or conciliators to the effect that the conciliation proceedings are terminated, on the date of the declaration.

(c) The signing of a settlement agreement by all of the parties, on the date of the agreement.

(2) The conciliation proceedings may be terminated as to particular parties by either of the following:

(a) A written declaration of a party to the other party or parties and the conciliator or conciliators, if appointed, to the effect that the conciliation proceedings shall be terminated as to that particular party, on the date of the declaration.

(b) The signing of a settlement agreement by some of the parties, on the date of the agreement. [1991 c.405 §47; 1993 c.244 §15]

Source: Section 36.540 — Termination of conciliation proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.565 — OR Code / Title 3 / Chapter 35 / Section 35.565
35.565 Procedure for condemnation
Status: in_force

The procedure in the suit, action or proceeding referred to in ORS 35.555 (Determination of necessity) or 35.560 (Action by district attorney) shall be, as far as applicable, the procedure prescribed by law for the condemnation of lands or rights of way by public corporations or quasi-public corporations for public use or for corporate purposes. [Formerly 281.240]

Source: Section 35.565 — Procedure for condemnation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 31.805 — OR Code / Title 3 / Chapter 31 / Section 31.805
31.805 Basis for proportional shares of tortfeasors
Status: in_force

(1) The proportional shares of tortfeasors in the entire liability shall be based upon their relative degrees of fault or responsibility. In contribution actions arising out of liability under ORS 31.600 (Contributory negligence not bar to recovery) , the proportional share of a tortfeasor in the entire liability shall be based upon the tortfeasor’s percentage of the common negligence of all tortfeasors.

(2) If equity requires, the collective liability of some as a group shall constitute a single share. Principles of equity applicable to contribution generally shall apply. [Formerly 18.445]

Source: Section 31.805 — Basis for proportional shares of tortfeasors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.680 — OR Code / Title 3 / Chapter 36 / Section 36.680
36.680 Judicial enforcement of preaward ruling by arbitrator
Status: in_force

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under ORS 36.685 (Award) . A prevailing party may make a petition to the court for an expedited order to confirm the award under ORS 36.700 (Confirmation of award) , in which case the court shall summarily decide the petition. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award under ORS 36.705 (Vacating award) or 36.710 (Modification or correction of award) . [2003 c.598 §18]

Note: See note under 36.600 (Definitions) .

Source: Section 36.680 — Judicial enforcement of preaward ruling by arbitrator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.120 — OR Code / Title 3 / Chapter 34 / Section 34.120
34.120 Courts having jurisdiction
Status: in_force

(1) Except as provided in subsection (2) of this section, the circuit court or judge thereof of the county wherein the defendant, if a public officer or body, exercises functions, or if a private person or corporation, wherein such person resides or may be found, or such private corporation might be sued in an action, shall have exclusive jurisdiction of mandamus proceedings, including proceedings under ORS 215.429 (Mandamus proceeding when county fails to take final action on land use application within specified time) and 227.179 (Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days) .

(2) The regular division of the Oregon Tax Court or judge thereof shall have jurisdiction in mandamus proceedings in all cases involving tax laws as described in ORS 305.410 (Authority of court in tax cases within its jurisdiction) , and the Supreme Court may take original jurisdiction in mandamus proceedings as provided in section 2 of amended Article VII of the Oregon Constitution. [Amended by 1965 c.6 §10; 1999 c.340 §6; 1999 c.533 §1]

Source: Section 34.120 — Courts having jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 31.615 — OR Code / Title 3 / Chapter 31 / Section 31.615
31.615 Setoff of damages not allowed
Status: in_force

Setoff of damages shall not be granted in actions subject to ORS 31.600 (Contributory negligence not bar to recovery) to 31.620 (Doctrines of last clear chance and implied assumption of risk abolished) . [Formerly 18.490]

Source: Section 31.615 — Setoff of damages not allowed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 31.715 — OR Code / Title 3 / Chapter 31 / Section 31.715
31.715 Limitation on recovery of noneconomic damages arising out of operation of motor vehicle
Status: in_force

(1) Except as provided in this section, a plaintiff may not recover noneconomic damages, as defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict) , in any action for injury or death arising out of the operation of a motor vehicle if the plaintiff was in violation of ORS 806.010 (Driving uninsured prohibited) or 813.010 (Driving under the influence of intoxicants) at the time the act or omission causing the death or injury occurred. A claim for noneconomic damages shall not be considered by the jury if the jury determines that the limitation on liability established by this section applies to the claim for noneconomic damages.

(2) For the purpose of the limitation on liability established by this section, a person is conclusively presumed to have been in violation of ORS 806.010 (Driving uninsured prohibited) or 813.010 (Driving under the influence of intoxicants) if the person is convicted in a criminal proceeding of one or both of those offenses. If the person has not been convicted of violating ORS 806.010 (Driving uninsured prohibited) or 813.010 (Driving under the influence of intoxicants) , the defendant in the civil action may establish in the civil action, by a preponderance of the evidence, that the plaintiff was in violation of ORS 806.010 (Driving uninsured prohibited) or 813.010 (Driving under the influence of intoxicants) at the time the act or omission causing the death or injury occurred.

(3) The court shall abate a civil action upon the motion of any defendant in the civil action against whom a plaintiff has asserted a claim for noneconomic damages if the defendant alleges that the claim of the plaintiff is subject to the limitation on liability established by this section and:

(a) A criminal proceeding for a violation of ORS 813.010 (Driving under the influence of intoxicants) has been commenced against the plaintiff in the civil action at the time the motion is made; or

(b) The district attorney for the county in which the conduct occurred informs the court at the time the motion is made that criminal proceedings for a violation of ORS 813.010 (Driving under the influence of intoxicants) will be commenced against the plaintiff in the civil action.

(4) The court may order that only the claim that is subject to the limitation on liability established by this section be abated under subsection (3) of this section. An abatement under subsection (3) of this section shall remain in effect until the conclusion of the criminal proceedings.

(5) The limitation on liability established by this section does not apply if:

(a) The defendant in the civil action was also in violation of ORS 806.010 (Driving uninsured prohibited) or 813.010 (Driving under the influence of intoxicants) at the time the act or omission causing the death or injury occurred;

(b) The death or injury resulted from acts or omissions of the defendant that constituted an intentional tort;

(c) The defendant was engaged in conduct that would constitute a violation of ORS 811.140 (Reckless driving) at the time the act or omission causing the death or injury occurred; or

(d) The defendant was engaged in conduct that would constitute a felony at the time the act or omission causing the death or injury occurred.

(6) The limitation on liability established by this section based on a violation of ORS 806.010 (Driving uninsured prohibited) does not apply if the plaintiff in the civil action was insured under a motor vehicle liability insurance policy within 180 days before the act or omission occurred, and the plaintiff has not operated a motor vehicle in violation of ORS 806.010 (Driving uninsured prohibited) within the one-year period immediately preceding the date on which coverage under the motor vehicle liability insurance policy lapsed. [Formerly 18.592; 2021 c.478 §7]

Source: Section 31.715 — Limitation on recovery of noneconomic damages arising out of operation of motor vehicle; uninsured plaintiff; plaintiff driving under influence of intoxicants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 28.245 — OR Code / Title 3 / Chapter 28 / Section 28.245
28.245 Severability
Status: in_force

If any provision of ORS 28.200 (Supreme Court authorized to answer questions of law certified by other courts) to 28.255 (Short title) or the application thereof to any person, court, or circumstance is held invalid the invalidity does not affect other provisions or applications of ORS 28.200 (Supreme Court authorized to answer questions of law certified by other courts) to 28.255 (Short title) which can be given effect without the invalid provision or application, and to this end the provisions of ORS 28.200 (Supreme Court authorized to answer questions of law certified by other courts) to 28.255 (Short title) are severable. [1983 c.103 §10]

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

Source: Section 28.245 — Severability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 37.390 — OR Code / Title 3 / Chapter 37 / Section 37.390
37.390 Ancillary receiverships
Status: in_force

(1) A receiver appointed in any action pending in the courts of this state may, upon court order, apply to any court outside of this state for appointment as receiver with respect to any estate property that is located in any other jurisdiction, if the appointment is necessary to the receiver’s possession, control, management or disposition of property in accordance with orders of the court. The receiver may move the court ex parte for an expedited hearing on a motion for leave to apply for an ancillary receivership.

(2) A receiver appointed in a foreign action, or any party to the foreign action, may move a court of this state for appointment of that same receiver with respect to any property of the foreign receivership that is located in this state. The court shall act on the motion as provided in ORS 37.060 (Appointment of receiver) (3). A receiver appointed in an ancillary receivership in this state is subject to the requirements imposed on receivers by statutes of this state, except as expressly exempted by the court. [2017 c.358 §39]

Source: Section 37.390 — Ancillary receiverships , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.310 — OR Code / Title 3 / Chapter 30 / Section 30.310
30.310 Actions and suits by governmental units
Status: in_force

A suit or action may be maintained by the State of Oregon or any county, incorporated city, school district or other public corporation of like character in this state, in its corporate name, upon a cause of suit or action accruing to it in its corporate character, and not otherwise, in the following cases:

(1) Upon a contract made with the public corporation.

(2) Upon a liability prescribed by law in favor of the public corporation.

(3) To recover a penalty or forfeiture given to the public corporation.

(4) To recover damages for injury to the corporate rights or property of the public corporation.

Source: Section 30.310 — Actions and suits by governmental units , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.975 — OR Code / Title 3 / Chapter 30 / Section 30.975
30.975 Skiers assume certain risks
Status: in_force

In accordance with ORS 31.600 (Contributory negligence not bar to recovery) and notwithstanding ORS 31.620 (Doctrines of last clear chance and implied assumption of risk abolished) (2), an individual who engages in the sport of skiing, alpine or nordic, accepts and assumes the inherent risks of skiing insofar as they are reasonably obvious, expected or necessary. [1979 c.665 §2]

Source: Section 30.975 — Skiers assume certain risks , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 34.580 — OR Code / Title 3 / Chapter 34 / Section 34.580
34.580 Inquiry into cause of imprisonment
Status: in_force

The court or judge before whom the party is brought on the writ shall, immediately after the return thereof, proceed to examine into the facts contained in the return, and into the cause of the imprisonment or restraint of such party.

Source: Section 34.580 — Inquiry into cause of imprisonment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 34.350 — OR Code / Title 3 / Chapter 34 / Section 34.350
34.350 Application by district attorney
Status: in_force

Whenever a writ of habeas corpus is required in any action, suit or proceeding, civil or criminal, to which the state is a party, the application therefor may be made by the district attorney having charge thereof, and whenever so issued the court or judge shall state in the order of allowance that it was issued on such application.

Source: Section 34.350 — Application by district attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.475 — OR Code / Title 3 / Chapter 30 / Section 30.475
30.475 Legislative policy
Status: in_force

In enacting ORS 30.480 (Limitation on liability of volunteers) and 30.485 (Apportionment of damages) , the Legislative Assembly of the State of Oregon declares:

(1) That many persons with disabilities and older persons, due to disability or age, cannot obtain medical, educational, recreational or other important services or benefits, or pursue daily life activities outside the home, such as shopping or socializing, without transportation and other necessary assistance;

(2) That public resources are not adequate to provide dependable transportation to persons with disabilities and older persons, and that it is in the best interest of this state to encourage volunteers to provide transportation services to Oregon’s people with disabilities and older people;

(3) That the threat or fear of personal liability arising from the provision of transportation services to persons with disabilities and older persons seriously discourages individuals from providing services on a volunteer basis;

(4) That the policy of this state is to encourage volunteers to provide such transportation services; and

(5) That, therefore, persons who qualify under ORS 30.480 (Limitation on liability of volunteers) must be protected from the threat of unlimited personal liability arising from the provision of volunteer transportation services, and that ORS 30.475 (Legislative policy) to 30.485 (Apportionment of damages) shall be liberally construed in favor of such persons in order to promote fully the foregoing policies. [1983 c.468 §1; 1989 c.224 §5; 2007 c.70 §9]

Source: Section 30.475 — Legislative policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.815 — OR Code / Title 3 / Chapter 30 / Section 30.815
30.815 Liability of seller or lessor of law enforcement dog
Status: in_force

(1) As used in this section, “law enforcement dog” means a dog that is sold or leased to a law enforcement agency and intended to be a law enforcement animal as defined in ORS 167.310 (Definitions for ORS 167.310 to 167.351) .

(2) A seller or lessor of a law enforcement dog is not liable under ORS 30.920 (When seller or lessor of product liable) for physical harm or damage to property caused by the law enforcement dog if the law enforcement agency to which the dog was sold or leased has begun or completed training the dog using a training program approved by the law enforcement agency or an accredited and recognized animal handling organization. [2017 c.258 §1]

Source: Section 30.815 — Liability of seller or lessor of law enforcement dog , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.705 — OR Code / Title 3 / Chapter 31 / Section 31.705
31.705 Economic and noneconomic damages separately set forth in verdict
Status: in_force

(1) A verdict shall set forth separately economic damages and noneconomic damages.

(2) As used in this section:

(a) “Economic damages” means objectively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for medical, hospital, nursing and rehabilitative services and other health care services, burial and memorial expenses, loss of income and past and future impairment of earning capacity, reasonable and necessary expenses incurred for substitute domestic services, recurring loss to an estate, damage to reputation that is economically verifiable, reasonable and necessarily incurred costs due to loss of use of property and reasonable costs incurred for repair or for replacement of damaged property, whichever is less.

(b) “Noneconomic damages” means subjective, nonmonetary losses, including but not limited to pain, mental suffering, emotional distress, humiliation, injury to reputation, loss of care, comfort, companionship and society, loss of consortium, inconvenience and interference with normal and usual activities apart from gainful employment. [Formerly 18.570; 2021 c.478 §3]

Source: Section 31.705 — Economic and noneconomic damages separately set forth in verdict; “economic damages” and “noneconomic damages” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 28.240 — OR Code / Title 3 / Chapter 28 / Section 28.240
28.240 Procedure for certification to another state
Status: in_force

The procedures for certification from this state to the receiving state shall be those provided in the laws of the receiving state. [1983 c.103 §9]

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

Source: Section 28.240 — Procedure for certification to another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.935 — OR Code / Title 3 / Chapter 30 / Section 30.935
30.935 Prohibition on local laws that make farm practice a nuisance or trespass
Status: in_force

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

Any local government or special district ordinance or regulation now in effect or subsequently adopted that makes a farm practice a nuisance or trespass or provides for its abatement as a nuisance or trespass is invalid with respect to that farm practice for which no action or claim is allowed under ORS 30.936 (Immunity from private action based on farming or forest practice on certain lands) or 30.937 (Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use) . [1981 c.716 §2; 1985 c.565 §4; 1993 c.792 §37]

Source: Section 30.935 — Prohibition on local laws that make farm practice a nuisance or trespass , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.222 — OR Code / Title 3 / Chapter 36 / Section 36.222
36.222 Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings
Status: in_force

(1) Except as provided in ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) , mediation communications and mediation agreements that are confidential under ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) are not admissible as evidence in any subsequent adjudicatory proceeding, and may not be disclosed by the parties or the mediator in any subsequent adjudicatory proceeding.

(2) A party may disclose confidential mediation communications or agreements in any subsequent adjudicative proceeding if all parties to the mediation agree in writing to the disclosure.

(3) A mediator may disclose confidential mediation communications or confidential mediation agreements in a subsequent adjudicatory proceeding if all parties to the mediation, the mediator, and the mediation program, if any, agree in writing to the disclosure.

(4) In any proceeding to enforce, modify or set aside a mediation agreement, confidential mediation communications and confidential mediation agreements may be disclosed to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(5) In an action for damages or other relief between a party to a mediation and a mediator or mediation program, confidential mediation communications or confidential mediation agreements may be disclosed to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(6) A mediator may disclose confidential mediation communications directly related to child abuse or elder abuse if the mediator is a person who has a duty to report child abuse under ORS 419B.010 (Duty of officials to report child abuse) or elder abuse under ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) .

(7) The limitations on admissibility and disclosure in subsequent adjudicatory proceedings imposed by this section apply to any subsequent judicial proceeding, administrative proceeding or arbitration proceeding. The limitations on disclosure imposed by this section include disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding, and no person who is prohibited from disclosing information under the provisions of this section may be compelled to reveal confidential communications or agreements in any discovery proceeding conducted as part of a subsequent adjudicatory proceeding. Any confidential mediation communication or agreement that may be disclosed in a subsequent adjudicatory proceeding under the provisions of this section may be introduced into evidence in the subsequent adjudicatory proceeding. [1997 c.670 §2]

Source: Section 36.222 — Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.630 — OR Code / Title 3 / Chapter 30 / Section 30.630
30.630 Filing copy of judgment with Secretary of State
Status: in_force

If judgment is given against a corporation, the effect of which is that the corporation ceases to exist, or whereby any letters patent are determined to be vacated or annulled, it shall be the duty of the district attorney to cause a copy of the judgment to be filed with the Secretary of State. [Amended by 1991 c.111 §3]

Source: Section 30.630 — Filing copy of judgment with Secretary of State , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.710 — OR Code / Title 3 / Chapter 31 / Section 31.710
31.710 Limitation on award for noneconomic damages in claim for wrongful death
Status: in_force

"A dog bite victim in Oregon can recover compensation under a special statute and the doctrines of negligence, negligence per se, scienter, and intentional tort." Bibliographic info

(1) Except for claims subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) and ORS chapter 656, in any civil action for the wrongful death of any one person including claims for loss of care, comfort, companionship and society and loss of consortium, the amount awarded for noneconomic damages, as defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict) , shall not exceed $500,000.

(2) This section does not apply to punitive damages.

(3) The jury shall not be advised of the limitation set forth in this section. [Formerly 18.560; 2021 c.478 §1]

Source: Section 31.710 — Limitation on award for noneconomic damages in claim for wrongful death , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 31.980 — OR Code / Title 3 / Chapter 31 / Section 31.980
31.980 Action for alienation of affections abolished
Status: in_force

There shall be no civil cause of action for alienation of affections. [Formerly 30.840]

Source: Section 31.980 — Action for alienation of affections abolished , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 35.415 — OR Code / Title 3 / Chapter 35 / Section 35.415
35.415 Application of ORS 35.385 to 35.415
Status: in_force

(1) ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) apply only to property acquired after the filing of a complaint pursuant to a resolution or ordinance adopted as provided in ORS 35.235 (Agreement for compensation) (1) on or after October 5, 1973, and for which a condemnation action is commenced on or after October 5, 1973.

(2) Notwithstanding ORS 35.375 (Chapter as exclusive condemnation proceeding) , ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) apply to real property acquired by a county pursuant to ORS chapter 368.

(3) ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) shall not apply to any real property acquired under ORS 35.385 (Public purpose use required of condemner) (1) and (2) after the date the real property is used for the purpose for which it was acquired nor shall ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) apply to any tract of real property where the compensation and damages paid to the owner is less than $1,000. [1973 c.720 §8; 1981 c.153 §53]

Source: Section 35.415 — Application of ORS 35.385 to 35.415 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 36.556 — OR Code / Title 3 / Chapter 36 / Section 36.556
36.556 Severability
Status: in_force

If any provision of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) or its application to any person or circumstance is held to be invalid, the invalidity does not affect the other provisions or applications of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) which can be given effect without the invalid provision or application and to this end the provisions of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) are severable. [1991 c.405 §55]

Source: Section 36.556 — Severability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 31.262 — OR Code / Title 3 / Chapter 31 / Section 31.262
31.262 Notice of adverse health care incident
Status: in_force

(1) Intentionally left blank —Ed.

(a) When an adverse health care incident occurs in a health care facility or a location operated by a health care facility, the health care facility may file a notice of adverse health care incident with the Oregon Patient Safety Commission in the form and manner provided by the commission by rule.

(b) If a health care facility files a notice of adverse health care incident under this subsection, the health care facility shall provide a copy of the notice to the patient.

(c) A notice filed under this subsection may not include the name of a health care provider, but the health care facility filing the notice shall notify any health care providers involved in the adverse health care incident of the notice.

(2) Intentionally left blank —Ed.

(a) When an adverse health care incident occurs outside of a health care facility or a location operated by a health care facility, the health care provider treating the patient or the employer of the health care provider may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule.

(b) If a health care provider or employer files a notice of adverse health care incident under this subsection, the health care provider or employer shall provide a copy of the notice to the patient.

(c) If an employer files the notice under this subsection, the notice may not include the name of the health care provider, but the employer shall notify each health care provider involved in the adverse health care incident of the notice.

(3) A patient may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule. When the commission receives a notice of adverse health care incident from a patient under this subsection, the commission shall notify all health care facilities and health care providers named in the notice within seven days after receiving the notice.

(4) A notice of adverse health care incident filed under this section is not:

(a) A written claim or demand for payment.

(b) A claim for purposes of ORS 742.400 (Duty to report claim of professional negligence to licensing board) .

(5) The filing of a notice of adverse health care incident as provided in this section satisfies the notice requirements of ORS 30.275 (Notice of claim) .

(6) An adult in custody as defined in ORS 30.642 (Definitions for ORS 30.642 to 30.650) may not file a notice of adverse health care incident under this section. [2013 c.5 §2; 2019 c.213 §116]

Source: Section 31.262 — Notice of adverse health care incident , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 34.700 — OR Code / Title 3 / Chapter 34 / Section 34.700
34.700 Judgment
Status: in_force

(1) If it appears that the party detained is imprisoned or restrained illegally, judgment shall be given that the party be discharged forthwith; otherwise, judgment shall be given that the proceeding be dismissed and the party remanded. No officer or other person is liable to any action or proceeding for obeying such judgment of discharge.

(2) The court shall include in the judgment an order that the defendant pay the attorney fees incurred by the petition, not to exceed $100, if:

(a) The court enters a judgment requiring that the plaintiff be discharged; and

(b) The court finds that the allegations or defenses in the return were frivolous. [Amended by 1995 c.657 §9; 1999 c.114 §6]

Source: Section 34.700 — Judgment; liability for obedience to judgment; payment of attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.060 — OR Code / Title 3 / Chapter 30 / Section 30.060
30.060 Appeal from order of distribution or apportionment
Status: in_force

In the case of an order of distribution under ORS 30.030 (Distribution of damages) (5) or an order of apportionment made under either ORS 30.040 (Apportionment among dependents upon settlement) or 30.050 (Apportionment among dependents after judgment) , any individual who in the probate court or trial court claims to be a beneficiary may appeal therefrom, or from any part thereof, to the Court of Appeals, within the time, in the manner and with like effect as though such order was a judgment of the circuit court. [Amended by 1973 c.718 §6]

Source: Section 30.060 — Appeal from order of distribution or apportionment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.514 — OR Code / Title 3 / Chapter 36 / Section 36.514
36.514 Arbitral award
Status: in_force

(1) The arbitral award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall suffice so long as the reason for any omitted signature is stated.

(2) The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an arbitral award on agreed terms under ORS 36.512 (Settlement) .

(3) The arbitral award shall state its date and the place of arbitration as determined in accordance with ORS 36.492 (Place of arbitration) (1) and the award shall be considered to have been made at that place.

(4) After the arbitral award is made, a copy signed by the arbitrators in accordance with subsection (1) of this section shall be delivered to each party.

(5) The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award. The interim award may be enforced in the same manner as a final arbitral award.

(6) Unless otherwise agreed by the parties, the arbitral tribunal may award interest.

(7) Intentionally left blank —Ed.

(a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal.

(b) In making an order for costs, the arbitral tribunal may include as costs any of the following:

(A) The fees and expenses of the arbitrators and expert witnesses.

(B) Legal fees and expenses.

(C) Any administration fees of the institution supervising the arbitration, if any.

(D) Any other expenses incurred in connection with the arbitral proceedings.

(c) In making an order for costs, the arbitral tribunal may specify any of the following:

(A) The party entitled to costs.

(B) The party who shall pay the costs.

(C) The amount of costs or the method of determining that amount.

(D) The manner in which the costs shall be paid. [1991 c.405 §34]

Source: Section 36.514 — Arbitral award; contents; interim award; award for costs of arbitration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 31.735 — OR Code / Title 3 / Chapter 31 / Section 31.735
31.735 Distribution of punitive damages
Status: in_force

(1) Upon the entry of a verdict including an award of punitive damages, the Department of Justice becomes a judgment creditor as to the amounts payable under paragraphs (b) and (c) of this subsection, and the punitive damage portion of an award shall be allocated as follows:

(a) Thirty percent is payable to the prevailing party. The attorney for the prevailing party shall be paid out of the amount allocated under this paragraph, in the amount agreed upon between the attorney and the prevailing party. However, in no event may more than 20 percent of the amount awarded as punitive damages be paid to the attorney for the prevailing party.

(b) Sixty percent is payable to the Attorney General for deposit in the Criminal Injuries Compensation Account of the Department of Justice Crime Victims’ Assistance Section, and may be used only for the purposes set forth in ORS chapter 147. However, if the prevailing party is a public entity, the amount otherwise payable to the Criminal Injuries Compensation Account shall be paid to the general fund of the public entity.

(c) Ten percent is payable to the Attorney General for deposit in the State Court Facilities and Security Account established under ORS 1.178 (State Court Facilities and Security Account) , and may be used only for the purposes specified in ORS 1.178 (State Court Facilities and Security Account) (2)(d).

(2) The party preparing the proposed judgment shall assure that the judgment identifies the judgment creditors specified in subsection (1) of this section.

(3) Upon the entry of a verdict including an award of punitive damages, the prevailing party shall provide notice of the verdict to the Department of Justice. In addition, upon entry of a judgment based on a verdict that includes an award of punitive damages, the prevailing party shall provide notice of the judgment to the Department of Justice. The notices required under this subsection must be in writing and must be delivered to the Department of Justice Crime Victims’ Assistance Section in Salem, Oregon within five days after the entry of the verdict or judgment.

(4) Whenever a judgment includes both compensatory and punitive damages, any payment on the judgment by or on behalf of any defendant, whether voluntary or by execution or otherwise, shall be applied first to compensatory damages, costs and court-awarded attorney fees awarded against that defendant and then to punitive damages awarded against that defendant unless all affected parties, including the Department of Justice, expressly agree otherwise, or unless that application is contrary to the express terms of the judgment.

(5) Whenever any judgment creditor of a judgment which includes punitive damages governed by this section receives any payment on the judgment by or on behalf of any defendant, the judgment creditor receiving the payment shall notify the attorney for the other judgment creditors and all sums collected shall be applied as required by subsections (1) and (4) of this section, unless all affected parties, including the Department of Justice, expressly agree otherwise, or unless that application is contrary to the express terms of the judgment. [Formerly 18.540; 2011 c.597 §311; 2011 c.689 §1]

Source: Section 31.735 — Distribution of punitive damages; notice to Department of Justice; order of application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 36.635 — OR Code / Title 3 / Chapter 36 / Section 36.635
36.635 Initiation of arbitration
Status: in_force

(1) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified mail, return receipt requested and obtained, or by service as authorized for summons under ORCP 7 D. The notice must describe the nature of the controversy and the remedy sought.

(2) Unless a person objects for lack or insufficiency of notice under ORS 36.665 (Arbitration process) (3) not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack or insufficiency of notice. [2003 c.598 §9]

Note: See note under 36.600 (Definitions) .

Source: Section 36.635 — Initiation of arbitration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.540 — OR Code / Title 3 / Chapter 30 / Section 30.540
30.540 Rights of person adjudged entitled to office or franchise
Status: in_force

If judgment is given upon the right of and in favor of the person alleged in the complaint to be entitled to the office or franchise, the person shall be entitled to the possession and enjoyment of the franchise, or to take upon the person the execution of the office, after qualifying the person therefor as required by law, and to demand and receive the possession of all the books, papers and property belonging thereto.

Source: Section 30.540 — Rights of person adjudged entitled to office or franchise , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.060 — OR Code / Title 3 / Chapter 37 / Section 37.060
37.060 Appointment of receiver
Status: in_force

(1) A court may appoint a receiver in the following cases, upon motion by any person or upon its own motion:

(a) Before judgment, if the property that is the subject of the action, or rents or profits deriving from the property, are in danger of being lost or materially injured or impaired.

(b) After judgment, if reasonably necessary to carry the judgment into effect.

(c) After judgment, to dispose of property according to the judgment, to preserve the property during the pendency of an appeal or when an execution has been returned unsatisfied and the debtor refuses to apply the property in satisfaction of the judgment.

(d) In an action under ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) .

(e) When property is attached by a creditor, if:

(A) The property is of a perishable nature or is otherwise in danger of waste, impairment or destruction; or

(B) The debtor has abandoned the property and receivership is reasonably necessary to conserve, protect or dispose of the property.

(f) After judgment, either before or after the issuance of an execution, to preserve, protect or prevent the transfer of property subject to execution and sale thereunder.

(g) When an entity has been dissolved or is insolvent or in imminent danger of insolvency, if receivership is reasonably necessary to protect the property of the entity or to conserve or protect the interests of the entity’s stockholders, members, partners or creditors.

(h) In any situation in which the appointment of a receiver is expressly required or permitted by statute.

(i) In any situation in which, in the discretion of the court, appointment of a receiver is reasonably necessary to secure justice to the parties.

(2) In determining whether to appoint a receiver, a court may consider the existence of a contract provision providing for the appointment of a receiver, but the court is not bound by such a provision.

(3) If a court in a foreign action has appointed a person as receiver with respect to property in this state, whether with respect to the property specifically or the owner’s property generally, a court in this state shall:

(a) Upon motion by the receiver or by any party to the foreign action, appoint the person as receiver of the property in this state, if the person is eligible under ORS 37.070 (Eligibility to serve as receiver) and fulfills such other requirements as are required by statute or imposed by the court.

(b) Following the appointment, give effect to orders, judgments and decrees of the foreign court affecting the property in this state held by the receiver, unless the court determines that to do so would be manifestly unjust or inequitable.

(4) The venue of an action described in subsection (3) of this section may be any county in which the receiver appointed in the foreign action resides or maintains an office, or any county in which any property over which the receiver is to be appointed is located at the time the action is commenced.

(5) Intentionally left blank —Ed.

(a) An order appointing a receiver must reasonably describe the property over which the receiver is to take charge, by category, individual items or any combination thereof, if the receiver is appointed over less than all of a person’s property.

(b) An order appointing a receiver may appoint the receiver over all of a person’s property, wherever located.

(c) An order that appoints a receiver over a person and does not describe the property over which the receiver is to take charge is construed to appoint the receiver over all of the person’s property, except for property not subject to receivership under ORS 37.050 (Property not subject to receivership) .

(6) A court may condition the appointment of a receiver upon the giving of security by the person seeking the receiver’s appointment, in such amount as the court may specify, for the payment of costs incurred or damages suffered by any person if a receivership is determined to be wrongfully obtained. [2017 c.358 §6]

Source: Section 37.060 — Appointment of receiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.290 — OR Code / Title 3 / Chapter 30 / Section 30.290
30.290 Settlement of claims by local public body
Status: in_force

The governing body of any local public body may, subject to the provisions of any contract of liability insurance existing, compromise, adjust and settle tort claims against the public body or its officers, employees or agents acting within the scope of their employment for damages under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) and may, subject to procedural requirements imposed by law or other charter, appropriate money for the payment of amounts agreed upon. [1967 c.627 §8; 1975 c.609 §17; 1989 c.655 §1]

Source: Section 30.290 — Settlement of claims by local public body , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.234 — OR Code / Title 3 / Chapter 36 / Section 36.234
36.234 Parties to mediation
Status: in_force

For the purposes of ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) , a person, state agency or other public body is a party to a mediation if the person or public body participates in a mediation and has a direct interest in the controversy that is the subject of the mediation. A person or public body is not a party to a mediation solely because the person or public body is conducting the mediation, is making the mediation available or is serving as an information resource at the mediation. [1997 c.670 §7]

Source: Section 36.234 — Parties to mediation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 33.155 — OR Code / Title 3 / Chapter 33 / Section 33.155
33.155 Applicability
Status: in_force

ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.145 (Rules) apply to every court and judicial officer of this state, including municipal, county and justice courts. Rules adopted by the Supreme Court apply to those courts, but the application of such rules to municipal, county and justice courts does not confer any supervisory or administrative authority on the Supreme Court or the State Court Administrator with respect to those courts. [1991 c.724 §14]

Source: Section 33.155 — Applicability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 37.300 — OR Code / Title 3 / Chapter 37 / Section 37.300
37.300 Personal liability of receiver
Status: in_force

(1) A receiver may be personally liable to the owner, or a record or beneficial owner of estate property, for loss or diminution in value of or damage to estate property only if the loss, diminution or damage is caused by:

(a) Failure of the receiver to comply with an order of the court; or

(b) An act or omission for which liability could not be limited under ORS 60.047 (Articles of incorporation) if the receiver were an Oregon corporation.

(2) A receiver may be personally liable to a person other than the owner, or the record or beneficial owner of estate property, for any loss, diminution or damage caused by the receiver’s performance of the receiver’s duties, or the receiver’s authorized operation of a business, only if the loss, diminution or damage is caused by:

(a) Fraud by the receiver;

(b) An act intended by the receiver to cause loss, diminution or damage to the specific claimant; or

(c) An act or omission for which an officer or director of an Oregon corporation would be liable to the claimant under the same circumstances.

(3) Notwithstanding subsections (1) and (2) of this section, a receiver has no personal liability to any person for acts or omissions of the receiver permitted by any order of the court.

(4) A receiver is entitled to all defenses and immunities provided by law for an act or omission within the scope of the receiver’s appointment.

(5) Nothing in this section may be construed to expand any obligation or liability of a receiver under state law, common law or federal law for remediation of environmental damages or hazards. [2017 c.358 §30]

Source: Section 37.300 — Personal liability of receiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 36.675 — OR Code / Title 3 / Chapter 36 / Section 36.675
36.675 Witnesses
Status: repealed

(1) An arbitrator may administer oaths. An arbitrator or an attorney for any party to the arbitration proceeding may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing. A subpoena must be served in the manner for service of subpoenas under ORCP 55 D and, upon petition to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by ORCP 55 G.

(2) In order to make the proceedings fair, expeditious and cost-effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.

(3) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious and cost-effective.

(4) If an arbitrator permits discovery under subsection (3) of this section, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator’s discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.

(5) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state.

(6) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.

(7) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state, and for the production of records and other evidence issued by an arbitrator or by an attorney for any party to the proceeding in connection with an arbitration proceeding in another state, upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious and cost-effective. A subpoena or discovery-related order issued by an arbitrator or by an attorney for any party to the proceeding in another state must be served in the manner provided by ORCP 55 D for service of subpoenas in a civil action in this state and, upon petition to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by ORCP 55 G for enforcement of subpoenas in a civil action in this state. [2003 c.598 §17]

Note: ORCP 55 was repealed and replaced by the Council on Court Procedures Amendments promulgated on December 8, 2018, and effective January 1, 2020. The text of 36.675 (Witnesses) was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 36.675 (Witnesses) for the repeal of ORCP 55 has not been made. See the ORCP 55 Cross-Reference Chart available from the Council on Court Procedures.

Note: See note under 36.600 (Definitions) .

Source: Section 36.675 — Witnesses; subpoenas; depositions; discovery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.196 — OR Code / Title 3 / Chapter 30 / Section 30.196
30.196 Amount recoverable
Status: in_force

(1) In addition to any other penalty provided by law, a cable operator who prevails on a claim under ORS 30.195 (Civil action for violation of prohibitions relating to cable services) may recover the amount of $3,000.

(2) Intentionally left blank —Ed.

(a) A court may increase an award under subsection (1) of this section to an amount not to exceed $50,000 if the court determines that the violation was committed for purposes of commercial advantage.

(b) As used in this subsection, “commercial advantage” does not include any monetary gain realized by a person’s private use of unauthorized cable services.

(3) The prevailing party in an action brought under ORS 30.195 (Civil action for violation of prohibitions relating to cable services) shall be awarded reasonable court costs and attorney fees and all costs including but not limited to the cost of investigation, disconnection or reconnection, service calls, labor, equipment and expert testimony. [1999 c.705 §4]

Source: Section 30.196 — Amount recoverable; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.198 — OR Code / Title 3 / Chapter 30 / Section 30.198
30.198 Civil action for intimidation
Status: in_force

(1) Irrespective of any criminal prosecution or the result thereof, any person injured by a violation of ORS 166.155 (Bias crime in the second degree) or 166.165 (Bias crime in the first degree) shall have a civil action to secure an injunction, damages or other appropriate relief against any person whose actions are unlawful under ORS 166.155 (Bias crime in the second degree) and 166.165 (Bias crime in the first degree) .

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

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

(b) Punitive damages.

(3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court.

(4) The parent, parents or legal guardian of an unemancipated minor shall be liable for any judgment recovered against such minor under this section, in an amount not to exceed $5,000. [Formerly 30.190; 2019 c.553 §16]

Source: Section 30.198 — Civil action for intimidation; remedies; attorney fees; liability of parents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.492 — OR Code / Title 3 / Chapter 36 / Section 36.492
36.492 Place of arbitration
Status: in_force

(1) The parties are free to agree on the place of arbitration. If the parties do not agree, the place of arbitration shall be determined by the arbitral tribunal or, if any members of the arbitral tribunal are not yet appointed and are to be appointed by the circuit court as pursuant to ORS 36.474 (Procedure for appointment of arbitrators) (4), by the Chief Justice, taking into account the circumstances of the case, including the convenience of the parties.

(2) Notwithstanding the provisions of subsection (1) of this section, unless otherwise agreed by the parties, the arbitral tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for the inspection of documents, goods or other property. [1991 c.405 §23]

Source: Section 36.492 — Place of arbitration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.298 — OR Code / Title 3 / Chapter 30 / Section 30.298
30.298 Liability of certain state agencies to foster parents for injury or damage caused by foster child or adjudicated youth
Status: in_force

(1) Except as otherwise provided in this section, the Department of Human Services is liable, without regard to fault, for injury to the person of foster parents or damage to the property of foster parents caused by a foster child if the foster child is residing in:

(a) A foster home that is maintained by the foster parents and that has been certified by the department under the provisions of ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department) ;

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

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

(2) Except as otherwise provided in this section, the Oregon Youth Authority is liable, without regard to fault, for injury to the person of foster parents or damage to the property of foster parents caused by an adjudicated youth if the adjudicated youth resides in an adjudicated youth foster home that is maintained by the foster parents and that has been certified by the authority under the provisions of ORS 420.888 (Definitions for ORS 420.888 to 420.892) to 420.892 (Certification standards) .

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

(4) Notwithstanding ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) :

(a) In no event shall the liability of the department or the authority under this section exceed $5,000 for any number of claims arising out of a single occurrence;

(b) The liability of the department and the authority under this section is limited to economic damages, and in no event shall the department or the authority be liable for noneconomic damages;

(c) The department and the authority are liable under this section only to the extent the loss is not covered by other insurance; and

(d) No claim shall be allowed under this section unless written notice of the claim is delivered to the Oregon Department of Administrative Services within 90 days after the alleged loss or injury.

(5) The department and the authority are not liable under this section for:

(a) Damage to or destruction of currency, securities or any other intangible property;

(b) The unexplained disappearance of any property; or

(c) Loss or damage that is due to wear and tear, inherent vice or gradual deterioration.

(6) In no event does the liability of the department or the authority under this section for damage to property exceed the difference between the fair market value of the property immediately before its damage or destruction and its fair market value immediately thereafter. The department and the authority are not liable for the costs of any betterments to the property that may be required by code, statute or other law as a condition of repair, replacement or reconstruction.

(7) The liability imposed under this section is in addition to that imposed for the intentional torts of a foster child or adjudicated youth under ORS 30.297 (Liability of certain state agencies for damages caused by foster child or adjudicated youth) , but any amounts paid under this section shall reduce any recovery that may be made under ORS 30.297 (Liability of certain state agencies for damages caused by foster child or adjudicated youth) .

(8) For the purposes of this section:

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

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

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

(d) “Economic damages” and “noneconomic damages” have the meanings given those terms in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict) .

(e) “Foster child” has the meaning given that term in ORS 30.297 (Liability of certain state agencies for damages caused by foster child or adjudicated youth) . [1991 c.756 §3; 1997 c.130 §2; 1999 c.316 §11; 2001 c.900 §11; 2003 c.232 §2; 2005 c.374 §5; 2021 c.489 §8; 2021 c.657 §1a]

Note: See note under 30.297 (Liability of certain state agencies for damages caused by foster child or adjudicated youth) .

Source: Section 30.298 — Liability of certain state agencies to foster parents for injury or damage caused by foster child or adjudicated youth; conditions; limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.230 — OR Code / Title 3 / Chapter 31 / Section 31.230
31.230 Wrongful use of civil proceeding
Status: in_force

(1) In order to bring a claim for wrongful use of a civil proceeding against another, a person shall not be required to plead or prove special injury beyond the expense and other consequences normally associated with defending against unfounded legal claims.

(2) The filing of a civil action within 60 days of the running of the statute of limitations for the purpose of preserving and evaluating the claim when the action is dismissed within 120 days after the date of filing shall not constitute grounds for a claim for wrongful use of a civil proceeding under subsection (1) of this section.

(3) A claim for damages for wrongful use of a civil proceeding shall be brought in an original action after the proceeding which is the subject matter of the claim is concluded. [Formerly 30.895]

(Actions Against Health Care Providers; Resolution of Adverse Health Care Incidents)

Source: Section 31.230 — Wrongful use of civil proceeding; pleading; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 37.150 — OR Code / Title 3 / Chapter 37 / Section 37.150
37.150 Duties of owner
Status: in_force

(1) An owner shall:

(a) Assist and cooperate fully with the receiver in the administration of the estate and the discharge of the receiver’s duties, and comply with all orders of the court;

(b) Supply to the receiver information necessary to enable the receiver to complete any schedules that the receiver is required to file under ORS 37.190 (Creditor list and inventory) , and otherwise assist the receiver in the completion of the schedules;

(c) Upon the receiver’s appointment, deliver to the receiver all of the estate property in the person’s possession, custody or control, including accounts, books, papers, records and other documents; and

(d) After the receiver’s appointment, submit to examination under oath by the receiver, or by any other person upon order of the court, concerning the acts, conduct, property, liabilities and financial condition of the owner or any matter relating to the receiver’s administration of the estate.

(2) When the owner is an entity, each officer, director, manager, member, partner or other individual exercising or having the power to exercise control over the affairs of the entity are subject to the requirements of this section. [2017 c.358 §15]

Source: Section 37.150 — Duties of owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 28.030 — OR Code / Title 3 / Chapter 28 / Section 28.030
28.030 Construction of contract before or after breach
Status: in_force

A contract may be construed either before or after there has been a breach thereof.

Source: Section 28.030 — Construction of contract before or after breach , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 30.485 — OR Code / Title 3 / Chapter 30 / Section 30.485
30.485 Apportionment of damages
Status: in_force

(1) If the amount awarded by a court to multiple claimants exceeds the total amount limited under ORS 30.480 (Limitation on liability of volunteers) (1) or (2), the court shall apportion a proper share of that total amount to each claimant to whom ORS 30.480 (Limitation on liability of volunteers) (1) or (2) applies.

(2) If the amount settled upon by multiple claimants exceeds the total amount limited under ORS 30.480 (Limitation on liability of volunteers) (1) or (2), any party may apply to any circuit court to apportion a proper share of that total amount to each claimant to whom ORS 30.480 (Limitation on liability of volunteers) (1) or (2) applies.

(3) The share apportioned under subsection (1) or (2) of this section to each claimant to whom ORS 30.480 (Limitation on liability of volunteers) (1) or (2) applies shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the occurrence that are made by all claimants to whom ORS 30.480 (Limitation on liability of volunteers) (1) or (2) applies.

(4) Nothing in this section or ORS 30.480 (Limitation on liability of volunteers) authorizes the issues of insurance coverage or the amount of insurance coverage to be presented to a jury. [1983 c.468 §3]

Source: Section 30.485 — Apportionment of damages; insurance issues excluded from jury consideration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.262 — OR Code / Title 3 / Chapter 36 / Section 36.262
36.262 Confidentiality of mediation materials
Status: in_force

(1) For purposes of 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) , all memoranda, work products and other materials contained in the case files of a mediator, an agricultural mediation service provider or the State Department of Agriculture are confidential. Any communication made in, or in connection with, the mediation that relates to the dispute being mediated, whether made to the mediator or a party, or to any other person if made at a mediation session, is confidential. However, a mediation agreement entered into under ORS 36.260 (Mediation agreement) is not confidential unless the parties otherwise agree in writing.

(2) Confidential materials and communications are not subject to disclosure in any judicial or administrative proceeding except:

(a) When all parties to the mediation agree, in writing, to waive the confidentiality;

(b) In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation; or

(c) When the material or communications are statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, that were not prepared specifically for use in and not actually used in the mediation.

(3) Notwithstanding subsection (2) of this section, a mediator may not be compelled to testify in any proceeding, unless all parties to the mediation and the mediator agree, in writing, to waive the confidentiality. [1989 c.967 §8; 2015 c.202 §7]

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

Source: Section 36.262 — Confidentiality of mediation materials , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.102 — OR Code / Title 3 / Chapter 34 / Section 34.102
34.102 Review of decisions of municipal corporations
Status: in_force

(1) As used in this section, “municipal corporation” means a county, city, district or other municipal corporation or public corporation organized for a public purpose, including a cooperative body formed between municipal corporations.

(2) Except for a proceeding resulting in a land use decision or limited land use decision as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and 197A) , for which review is provided in ORS 197.830 (Review procedures) to 197.845 (Stay of decision being reviewed) , or an expedited land division as described in ORS 197.360 (“Expedited land division” defined) , for which review is provided in ORS 197.375 (Appeal of local government to referee) (8), the decisions of the governing body of a municipal corporation acting in a judicial or quasi-judicial capacity and made in the transaction of municipal corporation business shall be reviewed only as provided in ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review) , and not otherwise.

(3) A petition for writ of review filed in the circuit court and requesting review of a land use decision or limited land use decision as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and 197A) of a municipal corporation shall be transferred to the Land Use Board of Appeals and treated as a notice of intent to appeal if the petition was filed within the time allowed for filing a notice of intent to appeal pursuant to ORS 197.830 (Review procedures) . If the petition was not filed within the time allowed by ORS 197.830 (Review procedures) , the court shall dismiss the petition.

(4) A notice of intent to appeal filed with the Land Use Board of Appeals pursuant to ORS 197.830 (Review procedures) and requesting review of a decision of a municipal corporation made in the transaction of municipal corporation business that is not reviewable as a land use decision or limited land use decision as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and 197A) shall be transferred to the circuit court and treated as a petition for writ of review. If the notice was not filed with the board within the time allowed for filing a petition for writ of review pursuant to ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review) , the court shall dismiss the petition.

(5) In any case in which the Land Use Board of Appeals or circuit court to which a petition or notice is transferred under subsection (3) or (4) of this section disputes whether it has authority to review the decision with which the petition or notice is concerned, the board or court before which the matter is pending shall refer the question of whether the board or court has authority to review to the Court of Appeals, which shall decide the question in a summary manner. [Formerly 19.230]

Note: 34.102 (Review of decisions of municipal corporations) 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 34.102 — Review of decisions of municipal corporations; transfers between circuit court and Land Use Board of Appeals; limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.230 — OR Code / Title 3 / Chapter 36 / Section 36.230
36.230 Public bodies
Status: in_force

(1) Except as provided in this section, mediation agreements are not confidential if a public body is a party to the mediation or if the mediation is one in which a state agency is mediating a dispute as to which the state agency has regulatory authority.

(2) If a public body is a party to a mediation agreement, any provisions of the agreement that are exempt from disclosure as a public record under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) are confidential.

(3) If a public body is a party to a mediation agreement, and the agreement is subject to the provisions of ORS 17.095 (Prohibition of confidential settlements and compromises) , the terms of the agreement are confidential to the extent that those terms are confidential under ORS 17.095 (Prohibition of confidential settlements and compromises) (2).

(4) If a public body is a party to a mediation agreement arising out of a workplace interpersonal dispute:

(a) The agreement is confidential if the public body is not a state agency, unless the public body adopts a policy that provides otherwise;

(b) The agreement is confidential if the public body is a state agency only to the extent that the state agency has adopted a rule under ORS 36.224 (State agencies) that so provides; and

(c) Any term of an agreement that requires an expenditure of public funds, other than expenditures of $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the public body, may not be made confidential by a rule or policy of a public body. [1997 c.670 §5; 2005 c.352 §2]

Source: Section 36.230 — Public bodies; confidentiality of mediation agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.949 — OR Code / Title 3 / Chapter 30 / Section 30.949
30.949 Action for hindering, impairment or obstruction of forest practice on state forestland
Status: in_force

(1) As used in this section:

(a) “Access road” means a road owned or maintained by the State Forestry Department.

(b) “Forest practice” has the meaning given that term in ORS 527.620 (Definitions for ORS 527.610 to 527.770) .

(c) “State forestland” means:

(A) Forestland acquired under ORS 530.010 (State Board of Forestry authorized to acquire lands) to 530.040 (Exchange of forestland or timber) ; and

(B) Common School Forest Lands and Elliott State Forest Lands managed under ORS 530.490 (Management, control and protection of Common School Forest Lands and Elliott State Forest) .

(2) A private entity that contracts with the State Forestry Department to perform a forest practice has a right of action for the amount of actual damages against any person that, while on state forestland or an access road on state forestland, intentionally commits an act that hinders, impairs or obstructs or is an attempt to hinder, impair or obstruct, the performance of the forest practice by the private entity. A court shall award a plaintiff prevailing under this section reasonable attorney fees and costs.

(3) If the contract between the private entity and the department provides for the private entity to perform forest practices in a defined area of state forestland that lies in more than one county, venue for a cause of action under this section is proper in any county containing part of the area of state forestland defined by the contract terms in effect on the date the cause of action arose.

(4) An action under this section must be commenced within two years after the date of the act giving rise to the cause of action. [2013 c.461 §1]

Note: The amendments to 30.949 (Action for hindering, impairment or obstruction of forest practice on state forestland) by section 30, chapter 89, Oregon Laws 2022, become operative on January 1, 2024, only if certain conditions are met on or before December 31, 2023. See section 31, chapter 89, Oregon Laws 2022, as amended by section 1, chapter 225, Oregon Laws 2023 (second note following 530.520 (Use of receipts) ). 30.949 (Action for hindering, impairment or obstruction of forest practice on state forestland) , as amended by section 30, chapter 89, Oregon Laws 2022, is set forth for the user’s convenience.

30.949 (Action for hindering, impairment or obstruction of forest practice on state forestland) . (1) As used in this section:

(a) “Access road” means a road owned or maintained by the State Forestry Department.

(b) “Forest practice” has the meaning given that term in ORS 527.620 (Definitions for ORS 527.610 to 527.770) .

(c) “State forestland” means:

(A) Forestland acquired under ORS 530.010 (State Board of Forestry authorized to acquire lands) to 530.040 (Exchange of forestland or timber) ; and

(B) Common School Forest Lands managed under ORS 530.490 (Management, control and protection of Common School Forest Lands and Elliott State Forest) .

(2) A private entity that contracts with the State Forestry Department to perform a forest practice has a right of action for the amount of actual damages against any person that, while on state forestland or an access road on state forestland, intentionally commits an act that hinders, impairs or obstructs or is an attempt to hinder, impair or obstruct, the performance of the forest practice by the private entity. A court shall award a plaintiff prevailing under this section reasonable attorney fees and costs.

(3) If the contract between the private entity and the department provides for the private entity to perform forest practices in a defined area of state forestland that lies in more than one county, venue for a cause of action under this section is proper in any county containing part of the area of state forestland defined by the contract terms in effect on the date the cause of action arose.

(4) An action under this section must be commenced within two years after the date of the act giving rise to the cause of action.

FOOD-RELATED CONDITION

Source: Section 30.949 — Action for hindering, impairment or obstruction of forest practice on state forestland , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.269 — OR Code / Title 3 / Chapter 30 / Section 30.269
30.269 Limitations on awards under Oregon Tort Claims Act generally
Status: in_force

(1) Punitive damages may not be awarded on any claim subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) .

(2) Claims subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) are not subject to the limitation imposed by ORS 31.710 (Limitation on award for noneconomic damages in claim for wrongful death) .

(3) A court may not apply the limitations imposed on recovery under ORS 30.271 (Limitations on liability of state for personal injury and death) , 30.272 (Limitations on liability of local public bodies for personal injury and death) and 30.273 (Limitations on liability of public bodies for property damage or destruction) until after the entry of a verdict or a stipulation by the parties to the amount of the damages.

(4) The limitations imposed under ORS 30.271 (Limitations on liability of state for personal injury and death) (2) and 30.272 (Limitations on liability of local public bodies for personal injury and death) (2) on single claimants include damages claimed for loss of services or loss of support arising out of the same tort.

(5) If two or more claimants recover on a claim that arises out of a single accident or occurrence, and the recovery is subject to a limitation imposed by ORS 30.271 (Limitations on liability of state for personal injury and death) (3), 30.272 (Limitations on liability of local public bodies for personal injury and death) (3) or 30.273 (Limitations on liability of public bodies for property damage or destruction) (2)(b), any party to the action in which the claim is made may apply to the court to apportion to each claimant the proper share of the amount allowed by ORS 30.271 (Limitations on liability of state for personal injury and death) (3), 30.272 (Limitations on liability of local public bodies for personal injury and death) (3) or 30.273 (Limitations on liability of public bodies for property damage or destruction) (2)(b). The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the accident or occurrence.

(6) Liability of any public body and one or more of its officers, employees or agents, or two or more officers, employees or agents of a public body, on claims arising out of a single accident or occurrence, may not exceed in the aggregate the amounts allowed by ORS 30.271 (Limitations on liability of state for personal injury and death) , 30.272 (Limitations on liability of local public bodies for personal injury and death) and 30.273 (Limitations on liability of public bodies for property damage or destruction) .

(7) ORS 30.271 (Limitations on liability of state for personal injury and death) , 30.272 (Limitations on liability of local public bodies for personal injury and death) and 30.273 (Limitations on liability of public bodies for property damage or destruction) do not apply to a claim arising in connection with a nuclear incident covered by an insurance or indemnity agreement under 42 U.S.C. 2210.

(8) For the purposes of the limitations imposed by ORS 30.271 (Limitations on liability of state for personal injury and death) , 30.272 (Limitations on liability of local public bodies for personal injury and death) and 30.273 (Limitations on liability of public bodies for property damage or destruction) , events giving rise to a declaration of a state of emergency under ORS 401.165 (Declaration of state of emergency) , or a declaration of a state of public health emergency under ORS 433.441 (Declaration of public health emergency) , do not constitute a single accident or occurrence. [2009 c.67 §2; 2009 c.718 §15; 2021 c.539 §78]

Note: 30.269 (Limitations on awards under Oregon Tort Claims Act generally) to 30.274 (Direct appeal of constitutionality of limitations) were added to and made a part of 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 30.269 — Limitations on awards under Oregon Tort Claims Act generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.937 — OR Code / Title 3 / Chapter 30 / Section 30.937
30.937 Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use
Status: in_force

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

(1) No farming or forest practice allowed as a preexisting nonconforming use shall give rise to any private right of action or claim for relief based on nuisance or trespass.

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

(a) Damage to commercial agricultural products; or

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

(3) Subsection (1) of this section applies only where a farming or forest practice existed before the conflicting nonfarm or nonforest use of real property that gave rise to the right of action or claim for relief.

(4) Subsection (1) of this section applies only where a farming or forest practice has not significantly increased in size or intensity from November 4, 1993, or the date on which the applicable urban growth boundary is changed to include the subject farming or forest practice within its limits, whichever is later. [1993 c.792 §35; 1995 c.703 §4]

Source: Section 30.937 — Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.860 — OR Code / Title 3 / Chapter 30 / Section 30.860
30.860 Action for trade discrimination
Status: in_force

(1) A person or governmental entity may not discriminate against, boycott, blacklist or refuse to buy from, sell to or trade with any person because of foreign government imposed or sanctioned discrimination based upon the race, religion, sex, sexual orientation, gender identity or national origin of the person or of the person’s partners, members, directors, stockholders, agents, employees, business associates, suppliers or customers.

(2) Any person directly injured in business or property by a violation of subsection (1) of this section may sue whoever knowingly practices, or conspires to practice, activities prohibited by subsection (1) of this section, and shall recover threefold the damages sustained. The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court. [1977 c.395 §§1,2; 1981 c.897 §9; 1995 c.618 §28; 2007 c.100 §15; 2021 c.367 §4]

Source: Section 30.860 — Action for trade discrimination; treble damages; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.868 — OR Code / Title 3 / Chapter 30 / Section 30.868
30.868 Civil damages for custodial interference
Status: in_force

(1) Any of the following persons may bring a civil action to secure damages against any and all persons whose actions are unlawful under ORS 163.257 (Custodial interference in the first degree) (1)(a):

(a) A person who is 18 years of age or older and who has been taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a); or

(b) A person whose custodial rights have been interfered with if, by reason of the interference:

(A) The person has reasonably and in good faith reported a person missing to any city, county or state police agency; or

(B) A defendant in the action has been charged with a violation of ORS 163.257 (Custodial interference in the first degree) (1)(a).

(2) An entry of judgment or a certified copy of a judgment against the defendant for a violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) is prima facie evidence of liability if the plaintiff was injured by the defendant’s unlawful action under the conviction.

(3) Intentionally left blank —Ed.

(a) For purposes of this section, a public or private entity that provides counseling and shelter services to victims of domestic violence is not considered to have violated ORS 163.257 (Custodial interference in the first degree) (1)(a) if the entity provides counseling or shelter services to a person who violates ORS 163.257 (Custodial interference in the first degree) (1)(a).

(b) As used in this subsection, “victim of domestic violence” means an individual against whom domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , 181A.355 (Definitions for ORS 181A.355 to 181A.689) or 412.072 (Requirements when victims of domestic violence apply for or receive TANF) , has been committed.

(4) Bringing an action under this section does not prevent the prosecution of any criminal action under ORS 163.257 (Custodial interference in the first degree) .

(5) A person bringing an action under this section must establish by a preponderance of the evidence that a violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) has occurred.

(6) It is an affirmative defense to civil liability for an action under this section that the defendant reasonably and in good faith believed that the defendant’s violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) was necessary to preserve the physical safety of:

(a) The defendant;

(b) The person who was taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a); or

(c) The parent or guardian of the person who was taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a).

(7) Intentionally left blank —Ed.

(a) If the person taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) is under 18 years of age at the time an action is brought under this section, the court may:

(A) Appoint an attorney who is licensed to practice law in Oregon to act as guardian ad litem for the person; and

(B) Appoint one of the following persons to provide counseling services to the person:

(i) A psychiatrist.

(ii) A psychologist licensed under ORS 675.010 (Definitions for ORS 675.010 to 675.150) to 675.150 (Enforcement procedures) .

(iii) A clinical social worker licensed under ORS 675.530 (License) .

(iv) A professional counselor or marriage and family therapist licensed under ORS 675.715 (Application) .

(b) The court may assess against the parties all costs of the attorney or person providing counseling services appointed under this subsection.

(8) If an action is brought under this section by a person described under subsection (1)(b) of this section and a party shows good cause that it is appropriate to do so, the court may order the parties to obtain counseling directed toward educating the parties on the impact that the parties’ conflict has on the person taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a). The court may assess against the parties all costs of obtaining counseling ordered under this subsection.

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

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

(b) Punitive damages.

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

(11) Intentionally left blank —Ed.

(a) Notwithstanding ORS 12.110 (Actions for certain injuries to person not arising on contract) , 12.115 (Action for negligent injury to person or property) , 12.117 (Actions based on child abuse) or 12.160 (Suspension for minors and persons who have disabling mental condition) , an action under this section must be commenced within six years after the violation of ORS 163.257 (Custodial interference in the first degree) (1)(a). An action under this section accruing while the person who is entitled to bring the action is under 18 years of age must be commenced not more than six years after that person attains 18 years of age.

(b) The period of limitation does not run during any time when the person taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) is removed from this state as a result of the defendant’s actions in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a). [2005 c.841 §1; 2009 c.11 §5; 2009 c.442 §26]

Source: Section 30.868 — Civil damages for custodial interference; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.240 — OR Code / Title 3 / Chapter 37 / Section 37.240
37.240 Executory contracts
Status: in_force

(1) A receiver may, upon order of the court, assume any executory contract of the owner. A receiver may, after giving notice, reject any executory contract of the owner. The court may condition assumption or rejection of any executory contract on terms and conditions that the court deems just and proper. A receiver’s performance of an executory contract does not constitute an assumption of the contract or an agreement by the receiver to assume it, nor otherwise preclude the receiver from rejecting it.

(2) If a receiver assumes an executory contract, the receiver must assume the contract in its entirety.

(3) Any obligation or liability incurred by a receiver due to the receiver’s assumption of an executory contract is an expense of the receivership. A receiver’s rejection of an executory contract is treated as a breach of the contract occurring immediately before the receiver’s appointment, and the receiver’s right to possess or use property pursuant to an executory contract terminates upon rejection of the contract. The other party to an executory contract that is rejected by a receiver may take any necessary steps to terminate or cancel the contract. Any claims resulting from a receiver’s rejection of an executory contract must be submitted to the receiver in the manner provided for by ORS 37.350 (Submission of claims by creditors) within 30 days after the rejection.

(4) A receiver’s power under this section to assume an executory contract is not affected by any provision in the contract that would effect or permit a forfeiture, modification or termination of the contract on account of the receiver’s appointment, the financial condition of the owner or an assignment for the benefit of creditors by the owner.

(5) A receiver may not assume an executory contract of the owner without the consent of the other party to the contract if:

(a) Applicable law would excuse the other party from accepting performance from or rendering performance to anyone other than the owner even in the absence of any provisions in the contract expressly restricting or prohibiting an assignment of rights or duties;

(b) The contract is a contract to make a loan or extend credit or financial accommodations to or for the benefit of the owner, or to issue a security of the owner; or

(c) The contract expires by its own terms, or under applicable law, prior to the receiver’s assumption thereof.

(6) A receiver may not assign an executory contract lease without assuming it, unless the receiver obtains consent from all other parties to the contract.

(7) If the receiver rejects an executory contract for the sale of real property under which the owner is the seller and the purchaser is in possession of the real property, the sale of a real property timeshare interest under which the owner is the seller, the license of intellectual property rights under which the owner is the licensor or the lease of real property under which the owner is the lessor, then:

(a) The purchaser, licensee or lessee may:

(A) Treat the rejection as a termination of the contract, license agreement or lease; or

(B) Remain in possession and continue to perform all obligations arising under the contract, but offset against any payments any damages occurring on account of the rejection after it occurs.

(b) A purchaser of real property is entitled to receive from the receiver any deed or any other instrument of conveyance that the owner is obligated to deliver under the contract when the purchaser becomes entitled to receive it, and the deed or instrument has the same force and effect as if given by the owner.

(c) A purchaser, licensee or lessee who elects to remain in possession under the terms of this subsection has no claim or rights against the receiver on account of any damages arising from the receiver’s rejection except as expressly permitted by this subsection.

(d) A purchaser of real property who elects to treat rejection of an executory contract as a termination has a lien against the real property for the portion of the purchase price that the purchaser has paid.

(8) Intentionally left blank —Ed.

(a) If a receiver does not seek authorization from the court to assume an executory contract within 180 days after the receiver’s appointment, the receiver is deemed to have rejected the contract.

(b) The court may shorten or extend the time period described in paragraph (a) of this subsection for good cause shown.

(9) Nothing in this section affects the enforceability of prohibitions against assignment that exist under contract or applicable law. [2017 c.358 §24]

Source: Section 37.240 — Executory contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 34.180 — OR Code / Title 3 / Chapter 34 / Section 34.180
34.180 Failure to answer or move for dismissal
Status: in_force

If the defendant does not show cause by motion to dismiss or answer, a peremptory mandamus shall be allowed against the defendant. If the answer contains new matter, the same may be moved against or replied to by the plaintiff, within such time as the court or judge may prescribe. If the replication contains new matter, the same may be moved against by the defendant within such time as the court or judge may prescribe, or the defendant may countervail such matter on the trial or other proceedings by proof, either in direct denial or by way of avoidance. [Amended by 1979 c.284 §71]

Source: Section 34.180 — Failure to answer or move for dismissal; additional pleadings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 36.645 — OR Code / Title 3 / Chapter 36 / Section 36.645
36.645 Appointment of arbitrator
Status: in_force

(1) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator designated or appointed fails or is unable to act and a successor has not been appointed, the court, on petition of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.

(2) An individual who has a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral. [2003 c.598 §11]

Note: See note under 36.600 (Definitions) .

Source: Section 36.645 — Appointment of arbitrator; service as neutral arbitrator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.930 — OR Code / Title 3 / Chapter 30 / Section 30.930
30.930 Definitions for ORS 30.930 to 30.947
Status: in_force

As used in ORS 30.930 (Definitions for ORS 30.930 to 30.947) to 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses) :

(1) “Farm” means any facility, including the land, buildings, watercourses and appurtenances thereto, used in the commercial production of crops, nursery stock, livestock, poultry, livestock products, poultry products, vermiculture products or the propagation and raising of nursery stock.

(2) “Farming practice” means a mode of operation on a farm that:

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

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

(c) Is or may become a generally accepted, reasonable and prudent method in conjunction with farm use;

(d) Complies with applicable laws; and

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

(3) “Forestland” means land that is used for the growing and harvesting of forest tree species.

(4) “Forest practice” means a mode of operation on forestland that:

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

(b) Is a generally accepted, 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) and the rules adopted pursuant thereto;

(c) Is or may become a generally accepted, reasonable and prudent method in conjunction with forestland;

(d) Complies with applicable laws;

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

(f) May include, 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.

(5) “Pesticide” has the meaning given that term in ORS 634.006 (Definitions) . [1981 c.716 §1; 1983 c.730 §1; 1993 c.792 §32; 1995 c.703 §1; 2005 c.657 §2]

Source: Section 30.930 — Definitions for ORS 30.930 to 30.947 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 36.670 — OR Code / Title 3 / Chapter 36 / Section 36.670
36.670 Representation by a lawyer
Status: in_force

A party to an arbitration proceeding may be represented by a lawyer admitted to practice in this state or any other state. A corporation, business trust, partnership, limited liability company, association, joint venture or other legal or commercial entity may be represented by a lawyer admitted to practice in this state or any other state, by an officer of the entity, or by an employee or other agent authorized by the entity to represent the entity in the proceeding. [2003 c.598 §16]

Note: See note under 36.600 (Definitions) .

Source: Section 36.670 — Representation by a lawyer; representation of legal or commercial entities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.660 — OR Code / Title 3 / Chapter 34 / Section 34.660
34.660 Notice to district attorney
Status: in_force

When it appears from the return that the party is imprisoned or restrained on a criminal accusation, the court or judge shall make no order for the discharge of the party until notice of the return is given to the district attorney of the county where the party is imprisoned or restrained.

Source: Section 34.660 — Notice to district attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 30.646 — OR Code / Title 3 / Chapter 30 / Section 30.646
30.646 Payment of costs under judgment against adult in custody
Status: in_force

(1) If an adult in custody files an action against a public body and a judgment is entered that requires the adult in custody to pay costs to the public body, the adult in custody must pay the full amount of the costs ordered.

(2) Payment for costs under this section shall be made by deductions from the income credited to the trust account of the adult in custody. [1999 c.657 §4; 2019 c.213 §7]

Source: Section 30.646 — Payment of costs under judgment against adult in custody , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 33.055 — OR Code / Title 3 / Chapter 33 / Section 33.055
33.055 Procedure for imposition of remedial sanctions
Status: in_force

(1) Except as otherwise provided in ORS 161.685 (Effect of nonpayment of fines, restitution or costs) , proceedings to impose remedial sanctions for contempt shall be conducted as provided in this section.

(2) The following persons may initiate the proceeding by filing an action and may request that the contempt defendant be ordered to appear:

(a) A party aggrieved by an alleged contempt of court.

(b) A district attorney.

(c) A city attorney.

(d) The Attorney General.

(e) Any other person specifically authorized by statute to seek imposition of sanctions for contempt.

(3) If the alleged contempt is related to another proceeding, an action to initiate a proceeding to impose remedial sanctions must be filed in accordance with rules adopted under ORS 33.145 (Rules) .

(4) The person initiating a proceeding under this section shall file supporting documentation or affidavits sufficient to give the contempt defendant notice of the specific acts alleged to constitute contempt.

(5) Intentionally left blank —Ed.

(a) The contempt defendant shall be served with the document initiating the contempt action in the manner provided in ORCP 7. The court may issue an order directing the contempt defendant to appear. Except as otherwise provided in paragraph (b) of this subsection, the contempt defendant shall be personally served with the order to appear in the manner provided in ORCP 7. If the contempt defendant is represented by counsel in a proceeding to which the action for contempt under this section is related, that counsel shall also be served with the initiating instrument and any order to appear in the manner provided in ORCP 9. The court may order service by a method other than personal service on the contempt defendant or issue an arrest warrant if, based upon motion and supporting affidavit, the court finds that the contempt defendant cannot be personally served.

(b) The contempt defendant shall be served by substituted service if personal service is waived under ORS 107.835 (Waiver of personal service in subsequent contempt proceeding) . If personal service is waived under ORS 107.835 (Waiver of personal service in subsequent contempt proceeding) , the contempt defendant shall be served by the method specified in the waiver.

(6) The court may impose a remedial sanction only after affording the contempt defendant opportunity for a hearing tried to the court. The contempt defendant may waive the opportunity for a hearing by stipulated order filed with the court.

(7) A contempt defendant has no right to a jury trial and, except as provided in this section, has only those rights accorded to a defendant in a civil action.

(8) A contempt defendant is entitled to be represented by counsel. A court shall not impose on a contempt defendant a remedial sanction of confinement unless, before the hearing is held, the contempt defendant is:

(a) Informed that such sanction may be imposed; and

(b) Afforded the same right to appointed counsel required in proceedings for the imposition of an equivalent punitive sanction of confinement.

(9) If the contempt defendant is not represented by counsel when coming before the court, the court shall inform the contempt defendant of the right to counsel, and of the right to appointed counsel if the contempt defendant is entitled to, and financially eligible for, appointed counsel under subsection (8) of this section.

(10) Inability to comply with an order of the court is an affirmative defense.

(11) In any proceeding for imposition of a remedial sanction other than confinement, proof of contempt shall be by clear and convincing evidence. In any proceeding for imposition of a remedial sanction of confinement, proof of contempt shall be beyond a reasonable doubt.

(12) Proceedings under this section are subject to rules adopted under ORS 33.145 (Rules) . Proceedings under this section are not subject to the Oregon Rules of Civil Procedure except as provided in subsection (5) of this section or as may be provided in rules adopted under ORS 33.145 (Rules) . [1991 c.724 §5; 1993 c.448 §7; 2001 c.962 §77; 2005 c.22 §24; 2017 c.252 §1; 2023 c.302 §10]

Source: Section 33.055 — Procedure for imposition of remedial sanctions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 36.546 — OR Code / Title 3 / Chapter 36 / Section 36.546
36.546 Conciliation agreement to be treated as arbitral award
Status: in_force

If the conciliation succeeds in settling the dispute and the result of the conciliation is reduced to writing and signed by the conciliator or conciliators and the parties or their representatives, the written agreement shall be treated as an arbitral award rendered by an arbitral tribunal duly constituted in and pursuant to the laws of this state and shall have the same force and effect as a final award in arbitration. [1991 c.405 §50]

Source: Section 36.546 — Conciliation agreement to be treated as arbitral award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 33.035 — OR Code / Title 3 / Chapter 33 / Section 33.035
33.035 Appointed counsel
Status: in_force

Whenever ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability) provide for appointed counsel, appointment of counsel and payment of counsel and related expenses shall be made as follows:

(1) For contempt of a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court, appointment and payment of counsel shall be made as provided in ORS 135.055 (Compensation and expenses of appointed counsel) , 151.216 (Commission duties) and 151.219 (Executive director) .

(2) For contempt of a justice court, municipal court or other public body not described in subsection (1) of this section, payment for and appointment of counsel shall be made as otherwise provided by law for the court or public body. [1991 c.724 §3; 2001 c.962 §63]

Source: Section 33.035 — Appointed counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 36.554 — OR Code / Title 3 / Chapter 36 / Section 36.554
36.554 Immunities
Status: in_force

(1) Neither the arbitrator or arbitrators, the conciliator or conciliators, the parties, nor their representatives, shall be subject to service of process on any civil matter while they are present in this state for the purpose of arranging for or participating in any arbitration or conciliation proceedings subject to ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) .

(2) No person who serves as an arbitrator or as a conciliator shall be held liable in an action for damages resulting from any act or omission in the performance of their role as an arbitrator or as a conciliator in any proceeding subject to ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) . [1991 c.405 §54; 1993 c.244 §16]

Source: Section 36.554 — Immunities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 34.010 — OR Code / Title 3 / Chapter 34 / Section 34.010
34.010 Former writ of certiorari as writ of review
Status: in_force

The writ heretofore known as the writ of certiorari is known in these statutes as the writ of review.

Source: Section 34.010 — Former writ of certiorari as writ of review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html (accessed May 26, 2025).
ORS § 31.155 — OR Code / Title 3 / Chapter 31 / Section 31.155
31.155 Exempt actions
Status: in_force

(1) ORS 31.150 (Special motion to strike) and 31.152 (Time for filing special motion to strike) do not apply to an action brought by the Attorney General, a district attorney, a county counsel or a city attorney acting in an official capacity.

(2) ORS 31.150 (Special motion to strike) and 31.152 (Time for filing special motion to strike) create a procedure for seeking dismissal of claims described in ORS 31.150 (Special motion to strike) (2) and do not affect the substantive law governing those claims. [Formerly 30.146]

Source: Section 31.155 — Exempt actions; substantive law not affected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 31.300 — OR Code / Title 3 / Chapter 31 / Section 31.300
31.300 Pleading requirements for actions against design professionals
Status: in_force

(1) As used in this section, “design professional” means an architect, landscape architect, professional engineer or professional land surveyor registered under ORS chapter 671 or 672 or licensed to practice as an architect, landscape architect, professional engineer or professional land surveyor in another state.

(2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim against a design professional that arises out of the provision of services within the course and scope of the activities for which the person is registered or licensed may not be filed unless the claimant’s attorney certifies that the attorney has consulted a design professional with similar credentials who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the design professional. The certification must contain a statement that a design professional with similar credentials who is qualified to testify as to the standard of professional skill and care applicable to the alleged facts, is available and willing to testify that:

(a) The alleged conduct of the design professional failed to meet the standard of professional skill and care ordinarily provided by other design professionals with similar credentials, experience and expertise and practicing under the same or similar circumstances; and

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

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

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

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

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

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

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

(a) Is a design professional, contractor, subcontractor or other person providing labor, materials or services for the real property improvement that is the subject of the claim;

(b) Is the owner, lessor, lessee, renter or occupier of the real property improvement that is the subject of the claim;

(c) Is involved in the operation or management of the real property improvement that is the subject of the claim;

(d) Has contracted with or otherwise employed the design professional; or

(e) Is a person for whose benefit the design professional performed services. [2003 c.418 §1; 2015 c.610 §1]

Source: Section 31.300 — Pleading requirements for actions against design professionals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).
ORS § 33.710 — OR Code / Title 3 / Chapter 33 / Section 33.710
33.710 Definitions
Status: in_force

(1) As used in this section and ORS 33.720 (Proceeding in rem) , unless the context requires otherwise:

(a) “Governing body” means the city council, board of commissioners, board of directors, county court or other managing board of a municipal corporation, including a board managing a municipally owned public utility or a dock commission and the governing board of a public university listed in ORS 352.002 (Public universities) .

(b) “Municipal corporation” means any county, city, port, school district, union high school district, community college district or public university listed in ORS 352.002 (Public universities) with a governing board and all other public or quasi-public corporations, including a municipal utility or dock commission operated by a separate board or commission.

(2) The governing body may commence a proceeding in the circuit court of the county in which the municipal corporation or the greater part thereof is located, for the purpose of having a judicial examination and judgment of the court as to the regularity and legality of:

(a) The proceedings in connection with the establishment or creation of the municipal corporation, including any action or proceedings proclaiming the creation of the municipal corporation or declaring the result of any election therein.

(b) The proceedings of the governing body and of the municipal corporation providing for and authorizing the issue and sale of bonds of the municipal corporation, whether the bonds or any of them have or have not been sold or disposed of.

(c) Any order of the governing body levying a tax.

(d) The authorization of any contract and as to the validity of the contract, whether or not it has been executed.

(e) Any decision of the governing body that raises novel or important legal issues that would be efficiently and effectively resolved by a proceeding before the decision becomes effective, when the decision will:

(A) Require a significant expenditure of public funds;

(B) Significantly affect the lives or businesses of a significant number of persons within the boundaries of the governing body; or

(C) Indirectly impose a significant financial burden on the cost of conducting business within the boundaries of the governing body.

(f) The authority of the governing body to enact any ordinance, resolution or regulation.

(g) Any ordinance, resolution or regulation enacted by the governing body, including the constitutionality of the ordinance, resolution or regulation.

(3) All proceedings of the municipal corporation may be judicially examined and determined in one special proceeding, or any part thereof may be separately examined and determined by the court.

(4) Nothing in this section allows a governing body to have a judicial examination and judgment of the court without a justiciable controversy. [Amended by 1975 c.133 §1; 2003 c.548 §1; 2013 c.768 §124; 2015 c.767 §46]

Source: Section 33.710 — Definitions; judicial examination to determine legality of any municipal corporation’s organization and actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html (accessed May 26, 2025).
ORS § 36.468 — OR Code / Title 3 / Chapter 36 / Section 36.468
36.468 Application to stay judicial proceedings and compel arbitration
Status: in_force

(1) When a party to an international commercial arbitration agreement commences judicial proceedings seeking relief with respect to a matter covered by the agreement to arbitrate, the court shall, if a party so requests not later than when submitting the party’s first statement on the substance of the dispute, stay the proceedings and refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed.

(2) Arbitral proceedings may begin or continue, and an award may be made, while a judicial proceeding described in subsection (1) of this section is pending before the court.

(3) A court may not, without a request from a party made pursuant to subsection (1) of this section, refer the parties to arbitration. [1991 c.405 §11; 1993 c.244 §1]

Source: Section 36.468 — Application to stay judicial proceedings and compel arbitration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 35.255 — OR Code / Title 3 / Chapter 35 / Section 35.255
35.255 Content of complaint
Status: in_force

The complaint shall describe the property sought to be condemned and shall allege the true value of the property sought and the damage, if any, resulting from the appropriation thereof. [1971 c.741 §8; 1979 c.284 §75]

Source: Section 35.255 — Content of complaint , https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html (accessed May 26, 2025).
ORS § 28.205 — OR Code / Title 3 / Chapter 28 / Section 28.205
28.205 Procedure to invoke ORS 28.200 to 28.255
Status: in_force

ORS 28.200 (Supreme Court authorized to answer questions of law certified by other courts) to 28.255 (Short title) may be invoked by an order of any of the courts referred to in ORS 28.200 (Supreme Court authorized to answer questions of law certified by other courts) upon the court’s own motion or upon the motion of any party to the cause. [1983 c.103 §2]

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

Source: Section 28.205 — Procedure to invoke ORS 28.200 to 28.255 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html (accessed May 26, 2025).
ORS § 36.456 — OR Code / Title 3 / Chapter 36 / Section 36.456
36.456 Construction of ORS 36.450 to 36.558
Status: in_force

(1) Except as specified in ORS 36.508 (Choice of laws) , where a provision of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.

(2) Where a provision of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration or conciliation rules referred to in that agreement.

(3) Except as provided in ORS 36.502 (Effect of failure to make required statement or to appear at oral hearing) (1) and 36.516 (Termination of arbitral proceedings) (2)(a), where a provision of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) refers to a claim, it also applies to a counterclaim, and where it refers to a defense, it also applies to a defense of a counterclaim. [1991 c.405 §5]

Source: Section 36.456 — Construction of ORS 36.450 to 36.558 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).
ORS § 30.867 — OR Code / Title 3 / Chapter 30 / Section 30.867
30.867 Action for violation of criminal laws relating to involuntary servitude or trafficking in persons
Status: in_force

(1) Irrespective of any criminal prosecution or the result of a criminal prosecution, a person injured by a violation of ORS 163.263 (Subjecting another person to involuntary servitude in the second degree) , 163.264 (Subjecting another person to involuntary servitude in the first degree) or 163.266 (Trafficking in persons) may bring a civil action for damages against a person whose actions are unlawful under ORS 163.263 (Subjecting another person to involuntary servitude in the second degree) , 163.264 (Subjecting another person to involuntary servitude in the first degree) or 163.266 (Trafficking in persons) .

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

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

(b) Punitive damages.

(3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a circuit court.

(4) An action under this section must be commenced within 10 years after the following, whichever occurs later:

(a) The date on which the conduct giving rise to the claim ceases; or

(b) If the plaintiff was a minor when the conduct giving rise to the claim occurred, the date on which the plaintiff attains 18 years of age. [2007 c.811 §9; 2023 c.217 §7]

Source: Section 30.867 — Action for violation of criminal laws relating to involuntary servitude or trafficking in persons; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 37.340 — OR Code / Title 3 / Chapter 37 / Section 37.340
37.340 Claims process
Status: in_force

(1) If a receiver determines that the estate is sufficient to provide distributions to creditors, the receiver shall, upon notice, establish a claims process by sending a written document describing a claims process, including relevant dates and deadlines, to all known creditors of the owner. The receiver may prescribe forms or otherwise specify information required to be included in a claim.

(2) If the receiver determines that the estate is insufficient to provide distributions to creditors, the receiver may give notice that no claims process will take place in the receivership. [2017 c.358 §34]

Source: Section 37.340 — Claims process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html (accessed May 26, 2025).
ORS § 30.642 — OR Code / Title 3 / Chapter 30 / Section 30.642
30.642 Definitions for ORS 30.642 to 30.650
Status: in_force

As used in ORS 30.642 (Definitions for ORS 30.642 to 30.650) to 30.650 (Award of noneconomic damages) :

(1) “Action against a public body” means a civil action, including an action brought in a small claims department, an appeal or a petition for review, that names as a defendant a public body as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300) or an officer, employee or agent of a public body. “Action against a public body” does not mean petitions for writs of habeas corpus, petitions for writs of mandamus and petitions for post-conviction relief under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) .

(2) “Adult in custody” means a person incarcerated or detained in a correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or a diversion program.

(3) “Correctional facility” means a Department of Corrections institution or a jail. [1999 c.657 §1; 2011 c.262 §3; 2019 c.213 §4]

Source: Section 30.642 — Definitions for ORS 30.642 to 30.650 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 30.278 — OR Code / Title 3 / Chapter 30 / Section 30.278
30.278 Reporting notice of claim of professional negligence to licensing board
Status: in_force

(1) When notice is received under ORS 30.275 (Notice of claim) of a claim of professional negligence against a physician, optometrist, dentist, dental hygienist or naturopath who is acting within the scope of employment by a public body or within the scope of duties as defined by ORS 30.267 (Liability for certain medical treatment at Oregon Health and Science University facilities) , the person receiving the notice shall report to the appropriate licensing board, in the same manner as required by ORS 742.400 (Duty to report claim of professional negligence to licensing board) , the information required by ORS 742.400 (Duty to report claim of professional negligence to licensing board) to be reported by insurers.

(2) This section does not apply to a notice of adverse health care incident received under ORS 31.262 (Notice of adverse health care incident) . [1987 c.774 §64; 2013 c.5 §§11,12; 2021 c.271 §2]

Note: 30.278 (Reporting notice of claim of professional negligence to licensing board) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 30 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 30.278 — Reporting notice of claim of professional negligence to licensing board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html (accessed May 26, 2025).
ORS § 31.200 — OR Code / Title 3 / Chapter 31 / Section 31.200
31.200 Liability of radio or television station personnel for defamation
Status: in_force

(1) The owner, licensee or operator of a radio or television broadcasting station, and the agents or employees of the owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in a radio or television broadcast, by one other than the owner, licensee or operator, or agent or employee thereof, unless it is alleged and proved by the complaining party that the owner, licensee, operator, agent or employee failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.

(2) In no event shall any owner, licensee or operator of a radio or television broadcasting station, or any agent or employee thereof, be liable for any damages for any defamatory statement published or uttered by one other than such owner, licensee, operator, agent or employee, in or as part of a radio or television broadcast by any candidate for public office, which broadcast cannot be censored by reason of federal statute or regulations of the Federal Communications Commission. [Formerly 30.150]

Source: Section 31.200 — Liability of radio or television station personnel for defamation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).