reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.800 - Right of contribution among joint tortfeasors; limitations; subrogation of insurer; effect on indemnity right.

(1) Except as otherwise provided in this section, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them. There is no right of contribution from a person who is not liable in tort to the claimant.
(2) The right of contribution exists only in favor of a tortfeasor who has paid more than a proportional share of the common liability, and the total recovery of the tortfeasor is limited to the amount paid by the tortfeasor in excess of the proportional share. No tortfeasor is compelled to make contribution beyond the proportional share of the tortfeasor of the entire liability.
(3) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what is reasonable.
(4) A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor’s right of contribution to the extent of the amount it has paid in excess of the tortfeasor’s proportional share of the common liability. This subsection does not limit or impair any right of subrogation arising from any other relationship.
(5) This section does not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of the indemnity obligation.
(6) This section shall not apply to breaches of trust or of other fiduciary obligation. [Formerly 18.440]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.805 - Basis for proportional shares of tortfeasors.

(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, 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.810 - Enforcement of right of contribution; commencement of separate action; barring right of contribution; effect of satisfaction of judgment.

(1) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.
(2) Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.
(3) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within two years after the judgment has become final by lapse of time for appeal or after appellate review.
(4) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the right of contribution of that tortfeasor is barred unless the tortfeasor has either:
(a) Discharged by payment the common liability within the statute of limitations period applicable to claimant’s right of action against the tortfeasor and has commenced action for contribution within two years after payment; or
(b) Agreed while action is pending against the tortfeasor to discharge the common liability and has within two years after the agreement paid the liability and commenced action for contribution.
(5) The running of the statute of limitations applicable to a claimant’s right of recovery against a tortfeasor shall not operate to bar recovery of contribution against the tortfeasor or the claimant’s right of recovery against a tortfeasor specified in ORS 31.600 (2) who has been made a party by another tortfeasor.
(6) The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
(7) The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution. [Formerly 18.450]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.815 - Covenant not to sue; effect; notice.

(1) When a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury to person or property or the same wrongful death or claimed to be liable in tort for the same injury or the same wrongful death:
(a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide; but the claimant’s claim against all other persons specified in ORS 31.600 (2) for the injury or wrongful death is reduced by the share of the obligation of the tortfeasor who is given the covenant, as determined under ORS 31.605 and 31.610; and
(b) It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
(2) When a covenant described in subsection (1) of this section is given, the claimant shall give notice of all of the terms of the covenant to all persons against whom the claimant makes claims. [Formerly 18.455]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.820 - Severability.

If any provision of ORS 31.800 to 31.820 or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of ORS 31.800 to 31.820 which can be given effect without the invalid provision or application and to this end the provisions of ORS 31.800 to 31.820 are severable. [Formerly 18.460]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.825 - Assignment of cause of action against insurer.

A defendant in a tort action against whom a judgment has been rendered may assign any cause of action that defendant has against the defendant’s insurer as a result of the judgment to the plaintiff in whose favor the judgment has been entered. That assignment and any release or covenant given for the assignment shall not extinguish the cause of action against the insurer unless the assignment specifically so provides. [Formerly 17.100]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.015 - Definitions for ORS 33.015 to 33.155.

For the purposes of ORS 33.015 to 33.155:
(1) "Confinement" means custody or incarceration, whether actual or constructive.
(2) "Contempt of court" means the following acts, done willfully:
(a) Misconduct in the presence of the court that interferes with a court proceeding or with the administration of justice, or that impairs the respect due the court.
(b) Disobedience of, resistance to or obstruction of the court’s authority, process, orders or judgments.
(c) Refusal as a witness to appear, be sworn or answer a question contrary to an order of the court.
(d) Refusal to produce a record, document or other object contrary to an order of the court.
(e) Violation of a statutory provision that specifically subjects the person to the contempt power of the court.
(3) "Punitive sanction" means a sanction imposed to punish a past contempt of court.
(4) "Remedial sanction" means a sanction imposed to terminate a continuing contempt of court or to compensate for injury, damage or costs resulting from a past or continuing contempt of court. [1991 c.724 §1; 2005 c.22 §23]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.025 - Nature of contempt power; entity defendants.

(1) The power of a court to impose a remedial or punitive sanction for contempt of court is an inherent judicial power. ORS 33.015 to 33.155 establish procedures to govern the exercise of that power.
(2) An entity is liable for contempt if:
(a) The conduct constituting contempt is engaged in by an agent of the entity while acting within the scope of employment and on behalf of the entity;
(b) The conduct constituting contempt consists of an omission to discharge a specific duty of affirmative performance imposed on an entity by a court; or
(c) The conduct constituting contempt is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by a high managerial agent of an entity, the board of directors of a corporation, a manager or member of a limited liability company or a partner in a partnership, acting within the scope of employment and on behalf of the entity.
(3) The high managerial agents of an entity, the board of directors of a corporation, the managers and members of a limited liability company and the partners in a partnership are subject to the contempt powers of a court for contempt by an entity if those persons engage in, authorize, solicit, request, command or knowingly tolerate the conduct constituting contempt.
(4) As used in this section:
(a) "Agent" means a person who is authorized to act on behalf of an entity.
(b) "Entity" has the meaning given that term in ORS 63.001.
(c) "High managerial agent" means an officer of an entity who exercises authority with respect to the formulation of policy or the supervision in a managerial capacity of subordinate employees, or any other agent in a position of comparable authority.
(d) "Manager" and "member" have the meaning given those terms in ORS 63.001.
(e) "Partnership" has the meaning given that term in ORS 67.005. [1991 c.724 §2; 2017 c.153 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.035 - Appointed counsel.

Whenever ORS 33.015 to 33.155 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, 151.216 and 151.219.
(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.045 - Types of sanctions.

(1) A court may impose either remedial or punitive sanctions for contempt.
(2) Confinement may be remedial or punitive. The sanction is:
(a) Remedial if it continues or accumulates until the defendant complies with the court’s order or judgment.
(b) Punitive if it is for a definite period that will not be reduced even if the defendant complies with the court’s order or judgment.
(3) A fine may be remedial or punitive. A fine is:
(a) Punitive if it is for a past contempt.
(b) Remedial if it is for continuing contempt and the fine accumulates until the defendant complies with the court’s judgment or order or if the fine may be partially or entirely forgiven when the defendant complies with the court’s judgment or order.
(4) Any sanction requiring payment of amounts to one of the parties to a proceeding is remedial.
(5) Any sanction imposed by a court for contempt is in addition to any civil remedy or criminal sanction that may be available as a result of the conduct constituting contempt. In any civil or criminal proceedings arising out of the conduct constituting contempt, the court shall take into consideration any contempt sanctions previously imposed for the same act. [1991 c.724 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.075 - Compelling attendance of defendant.

(1) If a person served with an order to appear under ORS 33.055 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 may be cited to appear in lieu of custody as provided in ORS 133.055. 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 to 135.290, 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.085 - Compelling testimony of witness.

(1) Upon the motion of the person initiating the proceeding, the court may compel the testimony of a witness as provided under ORS 136.617 in a contempt proceeding under ORS 33.055 or 33.065.
(2) In any case where the person initiating the proceeding is not represented by the district attorney, county counsel or Attorney General, the person initiating the proceeding shall serve a notice of intent to compel testimony on the district attorney of the county where the contempt proceeding is pending and on the Attorney General. The notice shall be served not less than 14 calendar days before any hearing on the motion to compel testimony.
(3) The notice required by this section shall identify the witness whose testimony the person initiating the proceeding intends to compel and include, if known, the witness’ name, date of birth, residence address and Social Security number, and other pending proceedings or criminal charges involving the witness. The notice shall also include the case name and number of the contempt proceeding and the date, time and place set for any hearing scheduled as provided in ORS 136.617.
(4) If the person initiating the proceeding fails to serve the required advance notice or fails to serve the notice within the time required, the court shall grant a continuance for not less than 14 calendar days from the date the notice is served to allow the district attorney and Attorney General opportunity to be heard on the matter of compelling testimony. The court may compel testimony under this subsection only after the full notice period and opportunity to be heard, unless before that time the district attorney and Attorney General waive in writing any objection to the motion to compel.
(5) In any hearing on a motion to compel testimony under this section, the district attorney of the county in which the contempt proceeding is pending and the Attorney General each may appear to present evidence or arguments to support or oppose the motion.
(6) In lieu of compelling testimony under this section, the court may continue the contempt proceeding until disposition of any criminal action that is pending against the witness whose testimony is sought and that charges the witness with a crime. [1991 c.724 §7a]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.096 - Summary imposition of sanction.

A court may summarily impose a sanction upon a person who commits a contempt of court in the immediate view and presence of the court. The sanction may be imposed for the purpose of preserving order in the court or protecting the authority and dignity of the court. The provisions of ORS 33.055 and 33.065 do not apply to summary imposition of sanctions under this section. [1991 c.724 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.105 - Sanctions authorized.

(1) Unless otherwise provided by statute, a court may impose one or more of the following remedial sanctions:
(a) Payment of a sum of money sufficient to compensate a party for loss, injury or costs suffered by the party as the result of a contempt of court.
(b) Confinement for so long as the contempt continues, or six months, whichever is the shorter period.
(c) An amount not to exceed $500 or one percent of the defendant’s annual gross income, whichever is greater, for each day the contempt of court continues. The sanction imposed under this paragraph may be imposed as a fine or to compensate a party for the effects of the continuing contempt.
(d) An order designed to insure compliance with a prior order of the court, including probation.
(e) Payment of all or part of any attorney fees incurred by a party as the result of a contempt of court.
(f) A sanction other than the sanctions specified in paragraphs (a) to (e) of this subsection if the court determines that the sanction would be an effective remedy for the contempt.
(2) Unless otherwise provided by statute, a court may impose one or more of the following punitive sanctions for each separate contempt of court:
(a) A fine of not more than $500 or one percent of the defendant’s annual gross income, whichever is greater.
(b) Forfeiture of any proceeds or profits obtained through the contempt.
(c) Confinement for not more than six months.
(d) Probation or community service.
(3) In a summary proceeding under ORS 33.096, a court may impose one or more of the following sanctions for each separate contempt of court:
(a) A punitive fine of not more than $500;
(b) Confinement as a punitive sanction for not more than 30 days; or
(c) Probation or community service.
(4) The court may impose a punitive sanction for past conduct constituting contempt of court even though similar present conduct is a continuing contempt of court. [1991 c.724 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.115 - Referral to another judge.

A judge may be disqualified from a contempt proceeding as provided for in other cases under ORS 14.210 to 14.270. ORS 14.260 (3) shall not apply to a motion to disqualify a judge in a contempt proceeding. The judge to whom the contempt is referred shall assume authority over and conduct any further proceedings relating to the contempt. [1991 c.724 §10; 1995 c.658 §121]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.125 - Appeal.

(1) The imposition of a sanction for contempt shall be by a judgment.
(2) A judgment in a proceeding for imposition of a remedial sanction may be appealed in the same manner as from a judgment in an action at law. An appeal from a judgment imposing a punitive sanction shall be in the manner provided for appeals in ORS chapter 138. Appeals from judgments imposing sanctions for contempt in municipal courts and justice courts shall be in the manner provided by law for appeals from those courts.
(3) If a proceeding to impose remedial sanctions is related to another proceeding as described in ORS 33.055 (3) and the court determines, before entry of judgment in the related proceeding, that the defendant is in contempt, the court may suspend impositions of sanctions and entry of judgment on the contempt until entry of judgment in the related proceeding.
(4) An appeal from a contempt judgment shall not stay any action or proceeding to which the contempt is related. [1991 c.724 §11; 2003 c.576 §233; 2005 c.568 §28; 2017 c.252 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.135 - Limitations of actions.

(1) Except as provided in subsection (5) of this section, proceedings under ORS 33.055 to impose remedial sanctions for contempt and under ORS 33.065 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 is filed.
(3) Proceedings to impose punitive sanctions are subject to ORS 131.135, 131.145 and 131.155.
(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, 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, 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.155 - Applicability.

ORS 33.015 to 33.145 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.410 - Jurisdiction; grounds.

Application for change of name of a person may be heard and determined by the probate court or, if the circuit court is not the probate court, the circuit court if its jurisdiction has been extended to include this section pursuant to ORS 3.275 of the county in which the person resides. The change of name shall be granted by the court unless the court finds that the change is not consistent with the public interest. [Amended by 1967 c.534 §11; 1975 c.733 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.420 - Notice of application in case of minor child; exception; sealing of record in certain cases.

(1) Except as provided in ORS 109.360, before entering a judgment for a change of name in the case of a minor child, the court shall require that written notice be given to the parents of the child, both custodial and noncustodial, and to any legal guardian of the child.
(2) Notwithstanding subsection (1) of this section, notice of an application for the change of name of a minor child does not need to be given to a parent of the child if the other parent of the child files a verified statement in the change of name proceeding that asserts that the minor child has not resided with the other parent and that the other parent has not contributed or has not tried to contribute to the support of the child.
(3)(a) In a case to determine an application for change of name of a person under ORS 33.410, if an applicant who is a certified adult program participant in the Address Confidentiality Program under ORS 192.826 requests the court to seal the record of the case, the court shall seal the record of the case unless the court issues an order pursuant to a finding of good cause under ORS 192.848.
(b) This subsection does not apply to an adult applicant appearing as a guardian ad litem for a minor child.
(4) In a case to determine an application for legal change of sex of a person under ORS 33.460, if an applicant requests the court to seal the record of the case, the court shall seal the record of the case. [Amended by 1983 c.369 §6; 1997 c.872 §22; 2001 c.779 §12; 2003 c.576 §308; 2013 c.316 §1; 2017 c.100 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.430 - Change of name on record of live birth; court conference with child.

(1) In the case of a change, by court order, of the name of the parents of any minor child, if the child’s record of live birth is on file in this state, the State Registrar of the Center for Health Statistics, upon receipt of a certified copy of the court order changing the name, together with the information required to locate the original record of live birth, shall prepare a new record of live birth for the child in the new name of the parents of the child. The name of the parents as so changed shall be set forth in a new certified copy of the record of live birth, in place of their original name.
(2) The evidence upon which the new record of live birth was made, and the original record of live birth, shall be sealed and filed by the State Registrar of the Center for Health Statistics, and may be opened only upon demand of the person whose name was changed, if of legal age, or by an order of a court of competent jurisdiction.
(3) When a change of name by parents will affect the name of their child under subsection (1) of this section, the court, on its own motion or on request of a child of the parents, may take testimony from or confer with the child and may exclude from the conference the parents and other persons if the court finds that such action would be in the best interests of the child. However, the court shall permit an attorney for the parents to attend the conference, and the conference shall be reported. If the court finds that a change of name would not be in the best interests of the child, the court may provide in the order changing the name of the parents that such change of name shall not affect the child, and a new record of live birth shall not be prepared for the child. [Amended by 1983 c.369 §7; 2005 c.22 §25; 2013 c.366 §51]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.440 - Application by minor child; court conference.

When a minor child applies for a change of name under ORS 33.410, the court may, upon its own motion, confer with the child and may exclude from the conference the parents and other persons if the court finds that such action would be in the best interests of the child. However, the court shall permit an attorney for the child to attend the conference, and the conference shall be reported. [1983 c.369 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.460 - Jurisdiction; grounds; procedure.

(1) Application for legal change of sex of a person may be heard and determined by any circuit court in this state. A circuit court may order a legal change of sex and enter a judgment indicating the change of sex if the individual attests that the individual has undergone surgical, hormonal or other treatment appropriate for the individual for the purpose of affirming gender identity.
(2) The court may order a legal change of sex and enter the judgment in the same manner as that provided for change of name of a person under ORS 33.410.
(3) Application for simultaneous change of name and legal change of sex may be heard and determined by any circuit court in this state. If a person applies for a change of name under ORS 33.410 at the time the person applies for a legal change of sex under this section, the court may order change of name and legal change of sex at the same time and in the same proceeding. [1981 c.221 §1; 1997 c.872 §23; 2003 c.576 §309; 2013 c.366 §52; 2017 c.100 §3; 2021 c.274 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.520 - Discharge of surety or letter of credit issuer on application of principal.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.530 - Liability of sureties or letter of credit issuer after termination of bond or letter of credit.

(1) When a bond or an irrevocable letter of credit of any personal representative, guardian or conservator is terminated upon the issuance of a new bond or irrevocable letter of credit to the personal representative, guardian or conservator by a new surety or letter of credit issuer, the former surety or letter of credit issuer shall not be liable on the old bond or irrevocable letter of credit for any acts or omissions of the personal representative, guardian or conservator which occur after the issuance of the new bond or irrevocable letter of credit.
(2) A new surety for a personal representative, guardian or conservator who issues a new bond or irrevocable letter of credit after the termination of a previous bond or irrevocable letter of credit written by another surety or letter of credit issuer for a personal representative, guardian or conservator shall not be liable for any acts or omissions of the personal representative, guardian or conservator which occurred prior to the issuance of the new bond or irrevocable letter of credit. [1983 c.613 §§2,3; 1991 c.331 §13]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.610 - Evaluating securities of secured creditor.

In the administration of a decedent’s estate, or whenever the assets of any person, partnership or corporation are being administered in receivership or any liquidation proceedings, or under an assignment for the benefit of creditors, the value of securities held by secured creditors shall be determined by converting the same into money according to the terms of the agreement pursuant to which the securities were delivered to the creditors, or by the creditors and the person or official liquidating the assets by agreement, arbitration, compromise or litigation. Where the proceedings are in court, the determination shall be subject to the control or decision of the court. If, under an assignment for the benefit of creditors, the secured creditor and the assignee cannot, by agreement, arbitration or compromise, determine the value, either the assignee or the creditor may apply to a court of competent jurisdiction in the place of residence of the assignee for determination of the value by declaratory judgment, or otherwise. In all cases, the amount of the determined value shall be credited upon the secured claim and a general or unsecured creditor’s dividend shall be paid only on the uncredited balance, if any, of the claim. Nothing contained in this section shall be construed to compel any creditor holding security to file a claim for participation in any such estate or proceeding, or to compel the creditor, if the creditor does not file a claim, to foreclose or realize upon the security of the creditor.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.710 - Definitions; judicial examination to determine legality of any municipal corporation’s organization and actions.

(1) As used in this section and ORS 33.720, 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.
(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 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.855 - Transfer of payment rights; petition; notice.

(1) A payee may transfer payment rights under ORS 33.850 to 33.875 if:
(a) The payee is domiciled in this state;
(b) The domicile or principal place of business of the obligor or the annuity issuer is located in this state;
(c) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or
(d) The structured settlement agreement is expressly governed by the laws of this state.
(2) Prior to transferring payment rights under ORS 33.850 to 33.875, the transferee shall file a petition for approval of the transfer:
(a) In the county in which the payee resides; or
(b) In any court or before any responsible administrative authority in this state that approved the structured settlement agreement.
(3) Not less than 20 days prior to the scheduled hearing on a petition for approval of a transfer of payment rights, the transferee shall send notice of the proposed transfer to:
(a) The payee;
(b) Any beneficiary irrevocably designated under the annuity contract to receive payments following the payee’s death;
(c) The annuity issuer;
(d) The obligor; and
(e) Any other party that has continuing rights or obligations under the structured settlement agreement that is the subject of the hearing.
(4) The notice sent under subsection (3) of this section shall include:
(a) A copy of the transferee’s petition.
(b) A copy of the transfer agreement.
(c) A copy of the disclosure statement provided to the payee as required under ORS 33.860.
(d) A listing of each person for whom the payee is legally obligated to provide support, including the age of each of those persons.
(e) Notification that any person receiving notice under subsection (3) of this section is entitled to support, oppose or otherwise respond to the transferee’s petition, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing.
(f) Notification of the time and place of the hearing.
(g) Notification of the manner in which and the time by which written responses to the petition must be filed, which shall not be less than 15 days after service of the transferee’s notice, in order to be considered by the court or responsible administrative authority. [2005 c.173 §2; 2013 c.736 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.860 - Disclosure statement.

Not less than 14 days before a payee signs a transfer agreement, a transferee shall provide the payee with a disclosure statement in not less than 14-point type that sets forth:
(1) The amounts and due dates of the structured settlement payments to be transferred.
(2) The aggregate amount of the payments to be transferred.
(3) The discounted present value of the payments and the rate used in calculating the discounted present value. The discounted present value shall be calculated by using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the Internal Revenue Service.
(4) The amount payable to a payee as the result of a transfer. The amount set forth in this subsection shall be calculated before any reductions are made for transfer expenses required to be listed under subsection (5) of this section or any related disbursements.
(5) An itemized listing of all applicable transfer expenses and the transferee’s best estimate of the amount of any attorney fees and disbursements. For the purposes of this subsection, "transfer expenses":
(a) Includes all fees, costs and expenses of a transfer that are required under the transfer agreement to be paid by the payee to the transferee or deducted from the amount payable to a payee as the result of a transfer.
(b) Does not include preexisting obligations of the payee payable for the payee’s account from the proceeds of a transfer.
(6) The amount calculated by subtracting the aggregate amount of the actual and estimated transfer expenses required to be listed under subsection (5) of this section from the amount identified in subsection (4) of this section.
(7) The amount of any penalties or liquidated damages payable by the payee in the event of a breach of the transfer agreement by the payee.
(8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, before the approval of the transfer by the court or responsible administrative authority.
(9) A statement that the payee is entitled to, and should, seek independent professional advice regarding the proposed transfer.
(10) A statement that transferring payment rights may or may not be financially appropriate for the payee and the payee should not proceed without first weighing and considering other offers and alternate means of obtaining funds through borrowing or the sale of other assets.
(11) A statement that the transferee’s attorney does not represent the payee in connection with the proposed transfer.
(12) A statement that the court or responsible administrative authority may require the payee to seek independent professional advice and that the expenses for the independent professional advice may be paid out of the amount paid by the transferee to the payee. [2005 c.173 §3; 2013 c.736 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.862 - Information that may be requested at hearing.

At the hearing on a petition to transfer payment rights filed under ORS 33.855, the court or responsible administrative authority may ask the payee to provide testimony on or other evidence related to the following matters and any other relevant evidence that the court or authority deems appropriate to make the findings required by ORS 33.865:
(1) The payee’s marital status and, if married or separated, the name of the payee’s spouse.
(2) The names, ages and place or places of residence of any minor children or other dependents of the payee.
(3) The amounts and sources of the payee’s monthly income and, if the payee is married, the amounts and sources of the payee’s spouse’s monthly income.
(4) If the payee has minor children, whether the payee is currently obligated to pay child support under any child support order, whether the payee is current or in arrears under any child support order and the names, addresses and telephone numbers of any persons or agencies receiving child support from the payee under the order.
(5) Whether the payee depends on the structured settlement payments that the payee proposes to transfer for the payee’s necessary living expenses or required medical care and treatment. [2013 c.736 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.870 - Liability of parties after transfer.

Following a transfer of payment rights under ORS 33.850 to 33.875:
(1) The obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from all liability for the transferred payments.
(2) The transferee shall be liable to the obligor and the annuity issuer:
(a) If the transfer contravenes the terms of the structured settlement agreement, for any taxes incurred by the parties as a consequence of the transfer; and
(b) For any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee’s failure to comply with ORS 33.850 to 33.875.
(3) An annuity issuer or an obligor may not be required to divide any periodic payments between the payee and any transferee or assignee or between two or more transferees or assignees.
(4) Any further transfer of payment rights by the payee may be made only after compliance with all of the requirements of ORS 33.850 to 33.875. [2005 c.173 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 033 - Special Proceedings and Procedures › Section 33.875 - Limitations on transfers.

(1) The provisions of ORS 33.850 to 33.875 may not be waived by any payee.
(2) A transfer agreement entered into on or after January 1, 2006, by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined under the laws of this state. A transfer agreement may not authorize the transferee or any other party to confess judgment or consent to entry to judgment against the payee.
(3) A transfer of payment rights may not extend to any payments that are life contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the obligor for:
(a) Periodically confirming the payee’s survival.
(b) Giving the annuity issuer and the obligor prompt written notice in the event of the payee’s death.
(4) A payee who proposes to make a transfer of payment rights does not incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or a assignee based on any failure of the transfer to satisfy the conditions of ORS 33.850 to 33.875.
(5) Nothing in ORS 33.850 to 33.875 shall be construed to authorize a transfer of payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to January 1, 2006, is valid or invalid.
(6) Compliance with the requirements of ORS 33.850 to 33.875 is solely the responsibility of the transferee in any transfer of payment rights, and neither the obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions. [2005 c.173 §6; 2013 c.736 §8]