reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.370 - Service of summons on Attorney General; content.

In any suit, action or proceeding commenced under the provisions of ORS 30.360 to which the state is made a party, service of summons upon the state shall be made upon the Attorney General. In addition to other required content, any summons served pursuant to this section shall state the state agency involved in the suit, action or proceeding. [Amended by 1959 c.586 §2; 1979 c.284 §65]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.380 - Action by assignee of claim for money illegally charged or exacted.

No assignee of any claim against any county, city or municipal corporation of this state or any county, city or municipal officer in this state, for money claimed to have been illegally charged or exacted by such county, city or municipal corporation or such officer, except money collected as taxes or license, or money due on contract, shall have the right to institute or maintain any action or suit for the recovery thereof in any court in this state.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.390 - Satisfaction of judgment against public corporation.

If judgment is given for the recovery of money or damages against a public corporation mentioned in ORS 30.310, no execution shall issue thereon for the collection of such money or damages, but the judgment shall be satisfied as follows:
(1) The party in whose favor the judgment is given may, at any time thereafter, when an execution might issue on a like judgment against a private person, present a certified copy of the judgment document, to the officer of the public corporation who is authorized to draw orders on the treasurer thereof.
(2) On the presentation of the copy, the officer shall draw an order on the treasurer for the amount of the judgment, in favor of the party for whom the judgment was given. Thereafter, the order shall be presented for payment, and paid, with like effect and in like manner as other orders upon the treasurer of the public corporation.
(3) The certified copy provided for in subsection (1) of this section shall not be furnished by the clerk, unless at the time an execution might issue on the judgment if the same was against a private person, nor until satisfaction of the judgment in respect to such money or damages is acknowledged as in ordinary cases. The clerk shall provide with the copy a memorandum of such acknowledgment of satisfaction and the entry thereof. Unless the memorandum is provided, no order upon the treasurer shall issue thereon. [Amended by 2003 c.576 §185]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.395 - Settlement of certain claims against municipal corporations; manner of payment.

(1) The governing body of any municipal corporation, as defined in ORS 297.405, may compromise, adjust and settle claims other than tort claims against the municipal corporation, its officers, employees or agents acting within the scope of their employment, and may, subject to procedural requirements imposed by law or charter, appropriate money for the payment of amounts agreed upon.
(2) When a judgment is entered or a settlement is made pursuant to subsection (1) of this section, payment therefor may be made in the same manner as payment for tort claims under ORS 30.295. [1979 c.630 §2; 1987 c.396 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.400 - Actions by and against public officers in official capacity.

An action may be maintained by or against any public officer in this state in an official character, when, as to such cause of action, the officer does not represent any of the public corporations mentioned in ORS 30.310, for any of the causes specified in such section and ORS 30.320. If judgment is given against the officer in such action, it may be enforced against the officer personally, and the amount thereof shall be allowed to the officer in the official accounts of the officer.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.405 - Injunction for criminal conduct related to employment or status of public servant.

(1) A public servant or the public servant’s employer may petition a circuit court for an order enjoining a person who engages in conduct that:
(a) Is directed at the public servant;
(b) Relates to the public servant’s employment or the public servant’s status as an elected or appointed public servant; and
(c) Constitutes any of the following crimes:
(A) Obstructing governmental or judicial administration under ORS 162.235.
(B) Assault under ORS 163.160, 163.165, 163.175 or 163.185.
(C) Menacing under ORS 163.190.
(D) Criminal trespass in the first degree under ORS 164.255.
(E) Disorderly conduct under ORS 166.025.
(F) Harassment under ORS 166.065.
(G) Telephonic harassment under ORS 166.090.
(2) The petitioner has the burden of proof by a preponderance of the evidence under subsection (1) of this section. An order issued under this section is valid for one year after entry in the register of the court or until vacated by the court, whichever occurs first.
(3) Contempt proceedings against a person who violates an order issued by a circuit court under subsection (1) of this section shall be as provided in ORS 33.055 or 33.065.
(4) As used in this section, "public servant" has the meaning given that term in ORS 162.005. [2005 c.158 §1]
Note:
30.405 and 30.407 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 30 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.407 - Request for hearing following issuance of order under ORS 30.405.

(1) A person against whom an order is issued under ORS 30.405 may file a request for hearing with the court that issued the order within 30 days after the order is served on the person. A request under this section shall be in writing, shall be signed by the person and shall include the printed name, telephone number and mailing address of the person.
(2) Upon the filing of a request under this section, the clerk of the court shall mail a copy of the request to the petitioner in the matter and shall notify the petitioner and the person filing the request of the date and time set for the hearing. [2005 c.158 §2]
Note:
See note under 30.405.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.410 - In whose name action brought.

Fines and forfeitures may be recovered by an action at law in the name of the officer or person to whom they are by law given, or in the name of the officer or person who by law is authorized to prosecute for them.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.420 - Venue of action for forfeiture.

Whenever, by law, any property is forfeited to the state, or to any officer for its use, the action for the recovery of such property may be commenced in any county where the defendant may be found, or where such property may be.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.430 - Amount of penalty.

When an action is commenced for a penalty, which by law is not to exceed a certain amount, the action may be commenced for that amount, and if judgment is given for the plaintiff, it may be for such amount or less, in the discretion of the court, in proportion to the offense.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.440 - Judgment by collusion not a bar.

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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.460 - Payment of fines or costs in proceeding to enforce county ordinance or resolution; defendant personally liable.

When proceedings are conducted by county hearings officers to enforce requirements or prohibitions of county ordinances or resolutions, if fines or costs are not paid by a defendant within 60 days after payment is ordered, the defendant is personally liable to the county for the amount of the unpaid fines or costs. The county may file and record the order for payment in the County Clerk Lien Record. [1985 c.626 §3; 1999 c.1051 §241]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.475 - Legislative policy.

In enacting ORS 30.480 and 30.485, 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 must be protected from the threat of unlimited personal liability arising from the provision of volunteer transportation services, and that ORS 30.475 to 30.485 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.485 - Apportionment of damages; insurance issues excluded from jury consideration.

(1) If the amount awarded by a court to multiple claimants exceeds the total amount limited under ORS 30.480 (1) or (2), the court shall apportion a proper share of that total amount to each claimant to whom ORS 30.480 (1) or (2) applies.
(2) If the amount settled upon by multiple claimants exceeds the total amount limited under ORS 30.480 (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 (1) or (2) applies.
(3) The share apportioned under subsection (1) or (2) of this section to each claimant to whom ORS 30.480 (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 (1) or (2) applies.
(4) Nothing in this section or ORS 30.480 authorizes the issues of insurance coverage or the amount of insurance coverage to be presented to a jury. [1983 c.468 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.490 - Definitions for ORS 30.490 to 30.497.

As used in ORS 30.490 to 30.497:
(1) "Discharge" means any leakage, seepage or any other release of hazardous material.
(2) "Hazardous material" means:
(a) Hazardous waste as defined in ORS 466.005;
(b) Hazardous substances as defined in ORS 453.005;
(c) Radioactive waste as defined in ORS 469.300;
(d) Uranium mine overburden or uranium mill tailings, mill wastes or mill by-product materials;
(e) Radioactive substance as defined in ORS 453.005;
(f) Any substance designated by the United States Department of Transportation as hazardous pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. 5101 et seq., P.L. 93-633, as amended; and
(g) Any substance that the Environmental Protection Agency designates as hazardous pursuant to:
(A) The federal Toxic Substances Control Act, 15 U.S.C. 2601 to 2671; or
(B) The federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 to 6992, P.L. 94-580, as amended.
(3) "Person" means an individual, corporation, association, firm, partnership, joint stock company or state or local government agency. [1985 c.376 §1; 1991 c.480 §9; 2005 c.22 §22]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.492 - Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material.

(1) Except as provided in ORS 30.495 and 30.497, no person may maintain an action for damages against a person for voluntarily providing assistance or advice directly related to:
(a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material; or
(b) Preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous material.
(2) Except as provided in ORS 30.495 and 30.497, no state or local agency may assess a civil or criminal penalty against a person for voluntarily providing assistance or advice directly related to:
(a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material; or
(b) Preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous material. [1985 c.376 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.495 - Exceptions to limitation.

The immunity provided in ORS 30.492 shall not apply to any person:
(1) Whose act or omission caused in whole or in part the actual or threatened discharge and who would otherwise be liable for the damages; or
(2) Who receives compensation other than reimbursement for expenses for the person’s service in rendering such assistance or advice. [1985 c.376 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.497 - When limitation on liability not applicable.

Nothing in ORS 30.492 shall be construed to limit or otherwise affect the liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton or intentional misconduct. [1985 c.376 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.500 - Definitions for ORS 30.500 and 30.505.

As used in this section and ORS 30.505:
(1) "Generator" has the meaning given that term in ORS 466.005.
(2) "Person" means an individual, corporation, association, firm, partnership, joint stock company or state or local government agency. [1987 c.332 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.505 - Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws; exceptions.

(1) Except as provided in subsection (2) of this section, no person may maintain an action for damages against a person who voluntarily provides assistance, training or advice to a generator directly related to procedures or actions the generator must take to comply with the requirements of state or federal hazardous waste disposal laws.
(2) The immunity provided in subsection (1) of this section shall not apply to:
(a) Any person whose act or omission caused in whole or in part the occurrence resulting in the damages for which the action is brought and who would otherwise be liable for the damages.
(b) Any person who receives compensation other than reimbursement for expenses for the person’s service in providing such assistance, training or advice.
(c) The liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton or intentional misconduct.
(d) Any activity for which a person is otherwise strictly liable without regard to fault. [1987 c.332 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.510 - Action for usurpation of office or franchise, forfeiture of office or failure to incorporate.

An action at law may be maintained in the name of the state, upon the information of the district attorney, or upon the relation of a private party against the person offending, in the following cases:
(1) When any person usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this state, or any office in a corporation either public or private, created or formed by or under the authority of this state; or,
(2) When any public officer, civil or military, does or suffers an act which, by the provisions of law, makes a forfeiture of the office of the public officer; or,
(3) When any association or number of persons acts within this state, as a corporation, without being duly incorporated.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.530 - Determining right of person claiming an office or franchise.

Whenever an action is brought against a person for any of the causes specified in ORS 30.510 (1), the district attorney, in addition to the statement of the cause of action, may separately set forth in the complaint the name of the person rightfully entitled to the office or franchise, with a statement of the facts constituting the right of the person thereto. In such case, judgment may be given upon the right of the defendant, and also upon the right of the person so alleged to be entitled, or only upon the right of the defendant, as justice may require.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.540 - Rights of person adjudged entitled to office or franchise.

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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.550 - Action for damages.

If judgment is given upon the right of and in favor of the person alleged in the complaint to be entitled to the office or franchise, the person may afterwards maintain an action to recover the damages which the person has sustained by reason of the premises. [Amended by 1973 c.836 §320; 1981 c.898 §35]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.560 - Judgment against usurper; imposition of fine.

When a defendant, whether a natural person or a corporation, against whom an action has been commenced for any of the causes specified in ORS 30.510 (1), is determined to be guilty of usurping, or intruding into, or unlawfully holding or exercising any office or franchise, judgment shall be given that such defendant be excluded therefrom. The court may also impose a fine upon the defendant not exceeding $2,000.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.570 - Action to annul corporate existence on direction of Governor.

An action may be maintained in the name of the state, whenever the Governor shall so direct, against a corporation either public or private, for the purpose of avoiding the Act of incorporation, or an Act renewing or modifying its corporate existence, on the ground that such Act was procured upon some fraudulent suggestion or concealment of a material fact by the persons incorporated, or some of them, or with their knowledge and consent; or for annulling the existence of a corporation formed under any general law of this state, on the ground that such incorporation, or any renewal or modification thereof, was procured in like manner.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.580 - Action to annul corporate existence on leave of court.

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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.590 - Judgment against corporation.

If it is determined that a corporation, against which an action has been commenced pursuant to ORS 30.570 or 30.580, has forfeited its corporate rights, privileges and franchises, judgment shall be given that the corporation be excluded therefrom, and that the corporation be dissolved.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.600 - Action to annul letters patent.

An action may be maintained in the name of the state for the purpose of vacating or annulling letters patent, issued by the state, against the person to whom the letters were issued, or those claiming under the person, as to the subject matter thereof, in the following cases:
(1) When the letters patent were issued by means of some fraudulent suggestion or concealment of a material fact by the person to whom the letters were issued, or with the knowledge and consent of the person;
(2) When the letters patent were issued through mistake or in ignorance of a material fact; or
(3) When the patentee, or those claiming under the patentee, have done or omitted an act, in violation of the terms and conditions on which the letters patent were issued, or have by any other means forfeited the interest acquired under the letters. [Amended by 2001 c.104 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.610 - Prosecutor; verification of pleadings; affidavit for leave of court; relator as coplaintiff.

The actions provided for in ORS 30.510 to 30.640 shall be commenced and prosecuted by the district attorney of the district where the same are triable. When the action is upon the relation of a private party, as allowed in ORS 30.510, the pleadings on behalf of the state shall be signed by the relator as if the relator were the plaintiff, or otherwise as provided in ORCP 17; in all other cases the pleadings shall be signed by the district attorney in like manner or otherwise as provided in ORCP 17. When an action can only be commenced by leave, as provided in ORS 30.580, the leave shall be granted when it appears by affidavit that the acts or omissions specified in that section have been done or suffered by the corporation. When an action is commenced on the information of a private person, as allowed in ORS 30.510, having an interest in the question, such person, for all the purposes of the action, and as to the effect of any judgment that may be given therein, shall be deemed a coplaintiff with the state. [Amended by 1979 c.284 §66]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.620 - Duty of district attorney.

When directed by the Governor, as prescribed in ORS 30.570, it shall be the duty of the district attorney to commence the action therein provided for accordingly. In all other actions provided for in ORS 30.510 to 30.640 it shall be the duty of the proper district attorney to commence such action, upon leave given where leave is required, in every case of public interest, whenever the district attorney has reason to believe that a cause of action exists and can be proven, and also for like reasons in every case of private interest only in which satisfactory security is given to the state to indemnify it against the costs and expenses that may be incurred thereby.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.630 - Filing copy of judgment with Secretary of State.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.640 - Enforcement of judgment.

A judgment given in any action provided for in ORS 30.510 to 30.640, in respect to costs and disbursements, may be enforced by execution as a judgment which requires the payment of money. [Amended by 1981 c.898 §36]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.642 - Definitions for ORS 30.642 to 30.650.

As used in ORS 30.642 to 30.650:
(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 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 to 138.680.
(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.643 - Waiver or deferral of fees and costs.

(1) If an adult in custody seeks to file an action against a public body, the fees and court costs of the adult in custody may be waived or deferred only in the manner provided by this section.
(2) Any adult in custody seeking waiver or deferral of fees or court costs must submit with the application for waiver or deferral a true and correct copy of the trust account statement of the adult in custody for the six-month period immediately preceding the filing of the complaint, petition, notice of appeal or petition for review. The true and correct copy of the trust account statement must be supported by a declaration sworn under penalty of perjury.
(3) Upon the filing of a statement under subsection (2) of this section, the court shall review the information in the statement relating to deposits in the trust account of the adult in custody and any other resources available to the adult in custody. The court may only waive the fees and court costs of the adult in custody if the court determines that the adult in custody has no funds and will not have funds.
(4) If the court makes a determination that an adult in custody has or will have funds to pay fees and court costs, the court shall require full payment of the filing fees and court costs, or, if funds are not immediately available in the trust account, shall assess and collect filing fees and court costs as funds become available in the trust account.
(5) On its own motion or on the motion of the public body, the court may review the pleadings of the adult in custody in an action against a public body at the time a request for waiver or deferral of filing fees or court costs is made. If the court finds that the pleadings fail to state a claim for which relief may be granted, the court may decline to waive or defer filing fees or court costs. The court shall enter a denial of waiver or deferral of fees and costs under this subsection as a limited judgment. Notwithstanding the time established by statute for the commencement of an action, if a limited judgment is entered under this subsection within 30 days of the expiration of the time allowed for commencing the action, the adult in custody may commence the action not later than 45 days after the judgment is entered. Only one extension of the time allowed for commencing an action may be granted by the court under this section.
(6) Nothing in this section shall be construed as preventing an adult in custody from bringing an action against a public body because the adult in custody has no assets or means by which to pay the initial partial filing fee as provided under this section. [1999 c.657 §2; 2005 c.530 §1; 2007 c.493 §11; 2019 c.213 §5; 2022 c.68 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.645 - Waiver or deferral of fees after three dismissals of action.

(1) Except as provided in subsection (2) of this section, the court may not waive or defer the fees or court costs under ORS 30.643 for an adult in custody if the adult in custody has, on three or more prior occasions while incarcerated or detained in any correctional facility, filed an action against a public body in a court of this state that was dismissed on the grounds that the action:
(a) Was frivolous or malicious;
(b) Failed to state a claim upon which relief could be granted; or
(c) Sought monetary relief from a defendant who is immune from a claim for monetary relief.
(2) The court may waive or defer fees or court costs of an adult in custody who would not otherwise be eligible for waiver or deferral under subsection (1) of this section if the adult in custody establishes in the application for waiver or deferral that the adult in custody is in imminent danger of serious physical injury and the action against a public body is needed to seek relief from that danger. [1999 c.657 §3; 2007 c.493 §12; 2019 c.213 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.646 - Payment of costs under judgment against adult in custody.

(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.647 - Dismissal of action during proceedings.

(1) If fees or court costs of an adult in custody have been waived or deferred under ORS 30.643, a court shall dismiss the case if at any time the court determines that the adult in custody was in fact able to pay fees and court costs at the time the application for waiver or deferral was made under ORS 21.680 to 21.698.
(2) If the fees or court costs have been waived or deferred under ORS 30.643 for an adult in custody, a court shall dismiss the case if at any time the court determines that each claim in the action, petition or appeal:
(a) Is frivolous or malicious;
(b) Fails to state a claim upon which relief may be granted, and the court denies leave to amend; or
(c) Seeks monetary relief against a defendant who is immune from a claim for monetary relief.
(3) Upon appeal of any dismissal under this section, the Court of Appeals on its own motion, or on the motion of the respondent, may summarily affirm the judgment of the trial court, with or without submission of briefs and without oral argument, if the Court of Appeals determines that the appeal does not present a substantial question of law. Notwithstanding ORS 2.570, the Chief Judge of the Court of Appeals may deny a respondent’s motion for summary affirmance under this subsection or may grant the motion if the petitioner does not oppose the motion. A dismissal of an appeal under this subsection constitutes a decision on the merits of the case. [1999 c.657 §5; 2007 c.493 §13; 2019 c.213 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.648 - Small claims actions.

(1)(a) An adult in custody who brings an action against a public body in a small claims department must serve the notice and claim and all subsequent filings on the public body. If the public body is the Department of Corrections or another state agency, the adult in custody must also serve the notice and claim and all subsequent filings on the Attorney General.
(b) Notice and claim served under paragraph (a) of this subsection must be served in the manner provided in ORS 46.445 except that the statement required under ORS 46.445 (4) must read "30 DAYS" instead of "14 DAYS."
(2) The public body or Attorney General served under subsection (1) of this section must take action as required under ORS 46.455 except that the public body or Attorney General must admit or deny the claim within 30 days after the date of service.
(3) Notwithstanding ORS 46.405, in an action against a public body brought under this section, the court shall transfer the action to the regular department of the circuit court upon request of the public body or, if the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, upon request of the public body or the Attorney General.
(4) Notwithstanding ORS 46.415, in an action against a public body brought under this section, if the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, an attorney or paralegal employed by the Department of Justice may appear and represent the public body.
(5)(a) Notwithstanding ORS 46.475, in an action against a public body brought under this section, notice of intent to apply for an order of default, in the form prescribed by Uniform Trial Court Rule 2.010, must be filed and served on the public body against which an order of default is sought at least 10 days before a court may enter an order of default. If the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, notice must also be served on the Attorney General.
(b) The court may not enter a default judgment in favor of the adult in custody unless the adult in custody submits to the court proof of service by affidavit of the notice and claim required under subsection (1) of this section and the notice of intent to apply for an order of default required under paragraph (a) of this subsection. [2011 c.262 §2; 2019 c.213 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.650 - Award of noneconomic damages.

Noneconomic damages, as defined in ORS 31.705, may not be awarded to an adult in custody in an action against a public body unless the adult in custody has established that the adult in custody suffered economic damages, as defined in ORS 31.705. [1999 c.657 §6; 2019 c.213 §10; 2021 c.478 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.671 - Definitions for ORS 30.671 to 30.677.

As used in ORS 30.671 to 30.677:
(1) "Agri-tourism activity" means an activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching and historical, cultural or harvest-your-own activities or natural activities and attractions. An activity is an agri-tourism activity whether or not the participant paid to participate in the activity.
(2) "Agri-tourism professional" means a person who is engaged in the business of providing one or more agri-tourism activities, whether or not for compensation.
(3) "Farm or ranch" means an area of land used for the production, cultivation, growing, harvesting or processing of agricultural products.
(4) "Inherent risks of agri-tourism activity" means those dangers or conditions that are an integral part of an agri-tourism activity, including:
(a) Surface and subsurface conditions;
(b) Natural conditions of land, vegetation and waters;
(c) The behavior of wild or domestic animals;
(d) Ordinary dangers of structures or equipment ordinarily used in farming and ranching operations; and
(e) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agri-tourism professional or failing to exercise reasonable caution while engaging in the agri-tourism activity.
(5) "Participant" means an individual other than an agri-tourism professional who engages in an agri-tourism activity. [2015 c.535 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.673 - Limitations on liability of agri-tourism professional; exceptions.

(1) Except as provided in subsections (2) and (3) of this section, an agri-tourism professional that posts the notices required under ORS 30.677 is not liable for an injury to or the death of a participant arising from the inherent risks of an agri-tourism activity.
(2) Subsection (1) of this section does not limit the liability of an agri-tourism professional if the agri-tourism professional:
(a) Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission is a cause of injury to the participant;
(b) Intentionally injures the participant;
(c) Provides equipment to the participant and fails to make reasonable inspection of the equipment, and that failure is a cause of the injury to the participant;
(d) Fails to make reasonable inspection of the property on which the agri-tourism activity occurs, and that failure is a cause of the injury to the participant;
(e) Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity, or of the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the participant, and the danger causes injury, damage or death to the participant; or
(f) Fails to obtain necessary authorization for the agri-tourism activity under ORS 215.213 or 215.283.
(3) Subsection (1) of this section does not limit the liability of an agri-tourism professional under the product liability provisions of ORS 30.900 to 30.920. [2015 c.535 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.675

[1953 c.495 §2; 1957 c.724 §1; 1961 c.247 §1; 1973 c.714 §2; renumbered 659A.400 in 2001]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.677 - Notice.

(1) An agri-tourism professional shall conspicuously post the notice specified in subsection (2) of this section:
(a) At the entrance to the agri-tourism site, in black letters at least one inch in height;
(b) At any location where an agri-tourism activity takes place, in black letters at least one inch in height; and
(c) In every written contract entered into between the agri-tourism professional and a participant.
(2) The notice required by subsection (1) of this section must read as follows:
______________________________________________________________________________
WARNING
Under Oregon law, there is no liability for an injury to or the death of a participant in an agri-tourism activity conducted at this agri-tourism location if the injury or death results from the inherent risks of the agri-tourism activity. Inherent risks of agri-tourism activities are risks of injury inherent to land, equipment and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agri-tourism activity.
______________________________________________________________________________ [2015 c.535 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.687 - Definitions for ORS 30.687 to 30.697.

For the purposes of ORS 30.687 to 30.697:
(1) "Equine" means a horse, pony, mule, donkey or hinny.
(2) "Equine activity" means:
(a) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines and any of the equine disciplines including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games and hunting;
(b) Equine training, grooming, breeding and teaching activities;
(c) Boarding equines;
(d) Riding, inspecting or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine; and
(e) Rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.
(3) "Equine activity sponsor" means an individual, group or club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, that sponsors, organizes or provides the facilities for an equine activity, including but not limited to pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes and programs, therapeutic riding programs and operators, instructors, and promoters of equine facilities, including but not limited to stables, clubhouses, pony ride strings, fairs and arenas at which the activity is held.
(4) "Equine professional" means a person engaged for compensation:
(a) In instructing a participant or renting to a participant an equine for the purpose of riding, training, driving, grooming or being a passenger upon the equine; or
(b) In renting equipment or tack to a participant.
(5) "Participant" means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity. "Participant" does not include a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive, groom or ride as a passenger upon an equine. [1991 c.864 §2; 1995 c.211 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.689 - Policy.

(1) It is the purpose of ORS 30.687 to 30.697 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.691 - Limitations on liability; exceptions.

(1) Except as provided in subsection (2) of this section and in ORS 30.693, an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine and, except as provided in subsection (2) of this section and ORS 30.693, no participant or participant’s representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine.
(2)(a) The provisions of ORS 30.687 to 30.697 do not apply to any injury or death arising out of a race as defined in ORS 462.010.
(b) Nothing in subsection (1) of this section shall limit the liability of an equine activity sponsor or an equine professional:
(A) If the equine activity sponsor or the equine professional commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission caused the injury;
(B) If the equine activity sponsor or the equine professional intentionally injures the participant;
(C) Under the products liability provisions of ORS 30.900 to 30.920; or
(D) Under ORS 30.820 or 608.015. [1991 c.864 §3]