reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.665 - Arbitration process.

(1) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence.
(2) An arbitrator may decide a request for summary disposition of a claim or particular issue:
(a) If all interested parties agree; or
(b) Upon request of one party to the arbitration proceeding, if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.
(3) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party’s appearance at the hearing waives any objection based on lack or insufficiency of notice. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator’s own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
(4) At a hearing under subsection (3) of this section, a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(5) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with ORS 36.645 to continue the proceeding and to resolve the controversy. [2003 c.598 §15]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.670 - Representation by a lawyer; representation of legal or commercial entities.

A party to an arbitration proceeding may be represented by a lawyer admitted to practice in this state or any other state. A corporation, business trust, partnership, limited liability company, association, joint venture or other legal or commercial entity may be represented by a lawyer admitted to practice in this state or any other state, by an officer of the entity, or by an employee or other agent authorized by the entity to represent the entity in the proceeding. [2003 c.598 §16]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.680 - Judicial enforcement of preaward ruling by arbitrator.

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under ORS 36.685. A prevailing party may make a petition to the court for an expedited order to confirm the award under ORS 36.700, in which case the court shall summarily decide the petition. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award under ORS 36.705 or 36.710. [2003 c.598 §18]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.685 - Award.

(1) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. If the award requires the payment of money, including but not limited to payment of costs or attorney fees, the award must be accompanied by a separate statement that contains the information required by ORS 18.042 for judgments that include money awards. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(2) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may extend the time within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award. [2003 c.598 §19; 2003 c.576 §169a]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.690 - Change of award by arbitrator.

(1) Upon request by a party to an arbitration proceeding, an arbitrator may modify or correct an award:
(a) Upon a ground stated in ORS 36.710 (1)(a) or (c);
(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(c) To clarify the award.
(2) A request under subsection (1) of this section must be made and notice given to all parties within 20 days after the requesting party receives notice of the award.
(3) A party to the arbitration proceeding must give notice of any objection to the request within 10 days after receipt of the notice under subsection (2) of this section.
(4) If a petition to the court is pending under ORS 36.700, 36.705 or 36.710, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(a) Upon a ground stated in ORS 36.710 (1)(a) or (c);
(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(c) To clarify the award.
(5) An award modified or corrected pursuant to this section is subject to ORS 36.685 (1), 36.700, 36.705 and 36.710. [2003 c.598 §20]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.695 - Remedies; fees and expenses of arbitration proceeding.

(1) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
(2) An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration as may be specified in the arbitration agreement if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
(3) As to all remedies other than those authorized by subsections (1) and (2) of this section, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under ORS 36.700 or for vacating an award under ORS 36.705.
(4) An arbitrator’s expenses and fees, together with other expenses, must be paid as provided in the award.
(5) If an arbitrator awards punitive damages or other exemplary relief under subsection (1) of this section, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief. [2003 c.598 §21]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.700 - Confirmation of award.

(1) After a party to an arbitration proceeding receives notice of an award, the party may make a petition to the court for an order confirming the award. The party filing the petition must serve a copy of the petition on all other parties to the proceedings. The court shall issue a confirming order unless within 20 days after the petition is served on the other parties:
(a) A party requests that the arbitrator modify or correct the award under ORS 36.690; or
(b) A party petitions the court to vacate, modify or correct the award under ORS 36.705 or 36.710.
(2) If a party requests that the arbitrator modify or correct the award under ORS 36.690, or petitions the court to vacate, modify or correct the award under ORS 36.705 or 36.710, the court may stay entry of an order on a petition filed under this section until a final decision is made on the request or petition. [2003 c.598 §22]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.705 - Vacating award.

(1) Upon petition to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
(a) The award was procured by corruption, fraud or other undue means;
(b) There was:
(A) Evident partiality by an arbitrator appointed as a neutral arbitrator;
(B) Corruption by an arbitrator; or
(C) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to ORS 36.665 so as to prejudice substantially the rights of a party to the arbitration proceeding;
(d) An arbitrator exceeded the arbitrator’s powers;
(e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising an objection under ORS 36.665 (3) not later than the beginning of the arbitration hearing; or
(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in ORS 36.635 so as to prejudice substantially the rights of a party to the arbitration proceeding.
(2) A petition under this section must be filed within 20 days after the petitioner is served with a petition for confirmation of an award under ORS 36.700, unless the petitioner alleges that the award was procured by corruption, fraud or other undue means. If the petitioner alleges that the award was procured by corruption, fraud or other undue means, a petition under this section must be filed within 90 days after the grounds for challenging the award are known or, by the exercise of reasonable care, would have been known by the petitioner. A party filing a petition under this section must serve a copy of the petition on all other parties to the proceedings.
(3) If the court vacates an award on a ground other than that set forth in subsection (1)(e) of this section, it may order a rehearing. If the award is vacated on a ground stated in subsection (1)(a) or (b) of this section, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d) or (f) of this section, the rehearing may be before the arbitrator who made the award or before any successor appointed for that arbitrator. The arbitrator must render the decision in the rehearing within the same time as that provided for an award in ORS 36.685 (2).
(4) If the court denies a petition to vacate an award, it shall confirm the award unless a petition to modify or correct the award is pending. [2003 c.598 §23]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.710 - Modification or correction of award.

(1) Upon petition filed within 20 days after the petitioner is served with a petition for confirmation of an award under ORS 36.700, the court shall modify or correct the award if:
(a) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award;
(b) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
(c) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
(2) If a petition made under subsection (1) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a petition to vacate is pending, the court shall confirm the award.
(3) A petition to modify or correct an award pursuant to this section may be joined with a petition to vacate the award.
(4) A party filing a petition under this section must serve a copy of the petition on all other parties to the proceedings. [2003 c.598 §24]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.715 - Judgment on award; attorney fees and litigation expenses.

(1) Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity with the order. The judgment may be entered in the register and enforced as any other judgment in a civil action.
(2) A court may allow reasonable costs of the petition and subsequent judicial proceedings.
(3) On application of a prevailing party to a contested judicial proceeding under ORS 36.700, 36.705 or 36.710, the court may add reasonable attorney fees incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying or correcting an award. [2003 c.598 §25]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.720 - Jurisdiction.

(1) A court having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.
(2) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under ORS 36.600 to 36.740. [2003 c.598 §26]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.725 - Venue.

A petition pursuant to ORS 36.615 must be made in the court for the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court for the county in which it was held. Otherwise, the petition may be made in the court for any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent petitions must be made in the court hearing the initial petition unless the court otherwise directs. [2003 c.598 §27]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.730 - Appeals.

(1) An appeal may be taken from:
(a) An order denying a petition to compel arbitration.
(b) An order granting a petition to stay arbitration.
(c) A judgment entered pursuant to ORS 36.600 to 36.740, including but not limited to a judgment:
(A) Confirming or denying confirmation of an award.
(B) Modifying or correcting an award.
(C) Vacating an award without directing a rehearing.
(2) An appeal under this section must be taken as provided in ORS chapter 19. [2003 c.598 §28]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.735 - Uniformity of application and construction.

In applying and construing ORS 36.600 to 36.740, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2003 c.598 §29]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.740 - Relationship to electronic signatures in Global and National Commerce Act.

The provisions of ORS 36.600 to 36.740 governing the legal effect, validity and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 and 7002, as in effect on January 1, 2004. [2003 c.598 §30]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.020 - Receivership described.

Receivership is the process by which a court appoints a person to take charge of property during the pendency of an action or upon a judgment or order entered therein and to manage or dispose of the property as the court may direct. [2017 c.358 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.040 - Applicability.

(1) Except as otherwise provided by law, the Oregon Receivership Code applies to all receiverships initiated in a court of this state, except for:
(a) Actions in which a state agency or officer is expressly authorized by statute to seek or obtain the appointment of a receiver; and
(b) Actions authorized by or commenced under federal law.
(2) In cases in which a state agency or officer is expressly authorized by statute to seek or obtain the appointment of a receiver, the state agency or officer may elect, when seeking appointment, for the receivership to be governed by the provisions of the Oregon Receivership Code.
(3) Except as otherwise provided by law, the provisions of the Oregon Receivership Code control over conflicting provisions of state law, including ORCP 80, with respect to receiverships governed by the Oregon Receivership Code. [2017 c.358 §4]
Note:
Section 42, chapter 358, Oregon Laws 2017, provides:
Sec. 42.
Sections 2 to 41 of this 2017 Act [37.020 to 37.410] apply to receiverships in which the receiver is appointed on or after the effective date of this 2017 Act [January 1, 2018]. [2017 c.358 §42]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.050 - Property not subject to receivership; exception.

(1) A court may not appoint a receiver with respect to the following:
(a) Personal property of an individual that is used primarily for personal, family or household purposes.
(b) Property of an individual exempt from execution under the laws of this state.
(c) Any power or interest that a person may exercise solely for the benefit of another person.
(d) Property held in trust for another person.
(2) Notwithstanding subsection (1) of this section, a court may appoint a receiver with respect to property described in subsection (1)(a) of this section in a domestic relations suit.
(3) A court may appoint a receiver with respect to any nonexempt interest in property that is partially exempt from execution, including fee title to real property subject to a homestead exemption. [2017 c.358 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.070 - Eligibility to serve as receiver.

(1) Any person, whether or not a resident of this state, may serve as a receiver, except for:
(a) An entity that is not authorized to conduct business in this state;
(b) A person who has been convicted of a crime involving moral turpitude, or is controlled by a person who has been convicted of a crime involving moral turpitude; and
(c) The sheriff of any county, except as expressly permitted by statute.
(2) If a court appoints an entity as a receiver, the court may require a specific individual to appear in the receivership on behalf of the entity. [2017 c.358 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.080 - Required disclosures relating to conflicts of interest.

A court may not appoint a person as a receiver unless the person first:
(1) Discloses whether the person:
(a) Is an affiliate of a party to the receivership;
(b) Has an interest materially adverse to an interest of a party to the receivership;
(c) Has a material financial interest in the outcome of the action, other than compensation approved by the court;
(d) Has a debtor-creditor relationship with the owner; or
(e) Holds an equity interest in a party to the receivership, other than a noncontrolling interest in a publicly traded company; and
(2) Affirms under oath that the person’s disclosure under subsection (1) of this section is true and complete. [2017 c.358 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.090 - Receiver’s bond, alternative security or insurance.

(1) Except as otherwise provided by law, a court may, at any time before or during the service of a receiver, require a receiver or person nominated as a receiver to post a bond that:
(a) Is conditioned on the faithful discharge of the receiver’s duties;
(b) Is in an amount that is determined by the court to be adequate to secure payment of any costs, damages and attorney fees that may be sustained or suffered by any person due to a wrongful act of the receiver; and
(c) Has one or more sureties that meet the qualifications set forth in ORCP 82 D or that are approved by the court.
(2) Except as otherwise provided by law, the court may require the posting of alternative security in lieu of a bond, such as a letter of credit or a deposit of funds with the clerk of the court, to be held to secure the receiver’s faithful performance of the receiver’s duties until the court authorizes the release or return of the alternative security. The court shall remit any interest that may accrue on a deposit under this subsection to the receiver upon the receiver’s discharge.
(3) Except as otherwise provided by law, the court may require the receiver or person nominated as receiver to carry an insurance policy with coverage and limits determined by the court in lieu of a bond.
(4) A receiver may charge the cost of a bond, alternative security or insurance policy required by the court under this section against the estate.
(5) The court may authorize a receiver to act before the receiver posts a required bond or alternative security or acquires a required insurance policy. [2017 c.358 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.100 - Exclusive jurisdiction of appointing court.

(1) The court appointing a receiver has:
(a) Exclusive authority over the receiver;
(b) Exclusive jurisdiction over and right to control all real property and all tangible and intangible personal property constituting the estate, wherever located, to the full extent of the court’s jurisdiction; and
(c) Exclusive jurisdiction to determine all controversies relating to the collection, preservation, application and distribution of the estate and all claims against the receiver arising out of the exercise of the receiver’s powers or the performance of the receiver’s duties.
(2) Notwithstanding subsection (1) of this section, if any part of the estate is subject to the jurisdiction of another court under ORS 107.105, the court appointing the receiver may not exercise authority over such part of the estate unless expressly permitted by order of the other court. [2017 c.358 §10]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.110 - Powers of receiver.

(1) The court appointing a receiver may confer upon the receiver the power to perform any of the following actions, in any combination:
(a) Collect, control, manage, conserve and protect estate property;
(b) Operate a business constituting estate property, including preservation, use, sale, lease, license, exchange, collection or disposition of property in the ordinary course of business;
(c) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver’s preservation, use, sale, lease, license, exchange, collection or disposition of estate property;
(d) Assert a right, claim, cause of action or defense of the owner that relates to estate property;
(e) Assert in the name of the receiver any claim under ORS 95.200 to 95.310 assertible by any creditor of the owner;
(f) Seek and obtain instruction from the court concerning estate property, exercise of the receiver’s powers and performance of the receiver’s duties;
(g) On subpoena, compel a person to submit to examination under oath in the manner of a deposition in a civil case, or to produce and permit inspection and copying of designated records or tangible things, with respect to estate property or any other matter that may affect administration of the receivership;
(h) Engage and pay compensation to one or more professionals under ORS 37.310;
(i) Apply to a court of another state for appointment as ancillary receiver with respect to estate property in that state under ORS 37.390;
(j) Incur debt for the use or benefit of estate property other than in the ordinary course of business under ORS 37.260;
(k) Make improvements to estate property;
(L) Use or transfer estate property other than in the ordinary course of business under ORS 37.250;
(m) Assume an executory contract of the owner under ORS 37.240;
(n) Pay compensation to the receiver;
(o) Determine whether or not to establish a claims procedure under ORS 37.340;
(p) Allow or disallow a claim of a creditor under ORS 37.360;
(q) Make a distribution of estate property under ORS 37.370;
(r) Take any other action authorized under the Oregon Receivership Code; and
(s) Take any other actions that the court deems reasonably necessary to avoid injustice.
(2) The court may limit, expand or modify the powers conferred by the court on the receiver at any time.
(3) A receiver has powers conferred by the court under this section in addition to the powers conferred on the receiver by statute. [2017 c.358 §11]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.120 - Duties of receiver.

(1) A receiver shall notify all federal and state taxing and applicable regulatory agencies of the receiver’s appointment in accordance with any applicable laws imposing this duty, including 26 U.S.C. 6036.
(2) A receiver shall comply with applicable law.
(3) If appointed with respect to any real property, a receiver shall file with the recorder of the county in which the real property is located a certified copy of the order of appointment, together with a legal description of the real property if one is not included in the order.
(4) The court appointing a receiver may impose additional duties on the receiver at any time. The court may limit, expand or modify duties imposed by the court on a receiver at any time. [2017 c.358 §12]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.130 - Turnover of property.

(1) Upon demand by a receiver, a person shall turn over to the receiver any estate property within the possession, custody or control of the person.
(2) If a bona fide dispute exists over whether property is estate property, the court in which the receivership is pending shall resolve the dispute.
(3) A receiver may not demand a turnover of residential property without specific judicial approval, which the court may grant only in case of waste, destruction, obstruction of marketing of the property, enforcement of an order in a domestic relations suit or other good cause shown.
(4) If a creditor has possession or control of estate property and the validity, perfection or priority of the creditor’s lien depends on the creditor’s possession or control, the creditor may retain possession or control of the property until the court orders adequate protection of the creditor’s lien. [2017 c.358 §13]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.140 - Collection by receiver of debts owed to owner.

(1) Upon demand by a receiver, a person that owes a debt that is estate property and is matured or payable on demand shall pay the debt to the receiver, except to the extent that the debt is subject to setoff or recoupment.
(2) A person who has notice of the appointment of a receiver and owes a debt that is estate property may not satisfy the debt by payment to the owner. [2017 c.358 §14]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.150 - Duties of owner.

(1) An owner shall:
(a) Assist and cooperate fully with the receiver in the administration of the estate and the discharge of the receiver’s duties, and comply with all orders of the court;
(b) Supply to the receiver information necessary to enable the receiver to complete any schedules that the receiver is required to file under ORS 37.190, and otherwise assist the receiver in the completion of the schedules;
(c) Upon the receiver’s appointment, deliver to the receiver all of the estate property in the person’s possession, custody or control, including accounts, books, papers, records and other documents; and
(d) After the receiver’s appointment, submit to examination under oath by the receiver, or by any other person upon order of the court, concerning the acts, conduct, property, liabilities and financial condition of the owner or any matter relating to the receiver’s administration of the estate.
(2) When the owner is an entity, each officer, director, manager, member, partner or other individual exercising or having the power to exercise control over the affairs of the entity are subject to the requirements of this section. [2017 c.358 §15]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.160 - Mailing and special notice lists to be maintained by receiver.

(1) A receiver shall maintain a master mailing list of the names and addresses of all parties to the receivership, all known creditors of the owner and interested persons who have filed notices of appearance in the receivership. The receiver shall make a copy of the current master mailing list available to any person on the list upon the person’s request.
(2)(a) A receiver shall maintain a special notice list of the names and addresses of all parties to the receivership and any other person who requests to be placed on the list. The receiver shall make a copy of the current special notice list available to any person on the list upon the person’s request.
(b) Any person on the special notice list may notify the receiver of the person’s preferred means of receiving notices and other communications. If the receiver is so notified, the receiver shall add the information to the special notice list. [2017 c.358 §16]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.170 - Notices.

(1)(a) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must:
(A) Serve notice on all persons specified by the provision;
(B) Serve notice on all persons on the special notice list;
(C) File notice with the court; and
(D) File proof of service with the court.
(b) If the provision does not specify to whom notice must be given, the person must give notice to all known persons whose property interests will or may be directly affected by the proposed action, as well as comply with paragraph (a)(B) to (D) of this subsection.
(2) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must give at least as much time notice as specified by the relevant provision, or 14 days if no time is specified.
(3)(a) Except as otherwise provided, notice to any person not on the special notice list must be served by first class mail or as otherwise directed by the court.
(b) Notice to any person on the special notice list who has specified a preferred means of receiving notice must be served by those means, except as otherwise ordered by the court.
(4)(a) Except as provided in ORS 37.180, whenever a provision of the Oregon Receivership Code authorizes a person to take an action after giving notice, the person may take the action without specific authorization from the court if:
(A) The person gives notice that describes the action that the person will take unless an objection is filed and describes a procedure for objecting to the proposed action; and
(B) No objections are filed.
(b) If an objection is filed, the court shall hear the objection and issue an order allowing, disallowing or allowing a modified form of the action.
(c) The court may, on its own motion, require a hearing on any proposed action.
(d) If a person is allowed under this subsection to take an action without specific authorization from the court, the person may nonetheless move the court for an order authorizing the action.
(5) The court may extend or shorten any notice periods for good cause shown.
(6) The court may order that notice of any proposed action be given to any person, regardless of whether such notice is otherwise required under the Oregon Receivership Code.
(7) In all circumstances, the court may consider motions and grant or deny relief without notice or hearing, if it appears to the court that no party to the receivership or interested person would be prejudiced or harmed by the relief requested. [2017 c.358 §17]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.180 - When court order required.

(1) A receiver may not take any of the following actions unless the receiver, after giving notice, obtains a court order specifically authorizing the action, except as provided in subsection (2) of this section:
(a) Sale or other disposition of real property;
(b) Use or transfer of property outside the ordinary course of business;
(c) Sale of a co-owner’s interest in jointly owned property;
(d) Assumption of an executory contract;
(e) Obtaining credit or incurring debt outside the ordinary course of business;
(f) Compromise or settlement of a controversy that might affect the distribution to creditors from the estate;
(g) Disallowance of all or part of a claim against the estate; and
(h) Termination of the receivership.
(2) For any action described in subsection (1)(a) to (f) of this section, a court may establish conditions under which a receiver may take the action without first obtaining an order specifically authorizing the action, if the court finds that the burden of seeking a court order is likely to outweigh the materiality of the actions under those conditions. The court may establish such conditions in the order appointing the receiver or in any other order. [2017 c.358 §18]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.190 - Creditor list and inventory.

(1) Within 60 days after appointment, or within such other time as the court may specify, a receiver shall file with the court a schedule of all known creditors of the owner, their last known mailing addresses, the amount and nature of their claims and whether their claims are disputed.
(2) If the court concludes that the estate is unlikely to be sufficient to make material distributions to unsecured creditors, the court may order that the receiver need not file a schedule as described in subsection (1) of this section. The court may order the receiver to file a schedule of any appropriate subset of creditors.
(3) Within 60 days after appointment, or within such other time as the court may specify, a receiver shall file with the court a true inventory of all estate property of which the receiver has taken possession, custody or control, except that the inventory need not include legal claims that are estate property. [2017 c.358 §19]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.200 - Receiver’s periodic reports.

(1) A receiver shall file with the court a monthly report of the receiver’s operations and financial affairs, unless the court orders a different reporting period. The receiver shall file each report no later than 30 days after the end of a reporting period. The initial report under this section must be filed no later than 60 days after the receiver is appointed, unless the court orders a different deadline.
(2) Each periodic report must include:
(a) A concise narrative summary of the receiver’s activities during the period and a description of any major upcoming events;
(b) Beginning and ending cash balances;
(c) A statement of cash receipts and disbursements;
(d) A statement of noncash receipts and payments;
(e) A statement of receipts and dispositions of estate property outside the ordinary course of business, including a description of the property, the value of the property and the amounts received from any disposition of the property;
(f) A statement of accounts receivable;
(g) A statement of fees and expenses of the receiver;
(h) A tax disclosure statement listing taxes due or tax deposits required, the name of the taxing agency, the date due and an explanation for any failure to make payments or deposits; and
(i) Any other information required by the court. [2017 c.358 §20]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.210 - Claims bar date.

A receiver may, after providing notice to all known creditors of the owner, set a deadline for the submission of claims by creditors. The receiver, upon court order, may disallow any claims submitted after the deadline. [2017 c.358 §21]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.230 - Utility service.

(1) A utility providing service to estate property may not alter, refuse or discontinue service to the property without first giving the receiver 14 days’ notice of any default or intention to alter, refuse or discontinue service to estate property.
(2) Nothing in this section precludes the court from prohibiting the alteration or cessation of utility service if the receiver can furnish adequate assurance of payment, in the form of deposit or other security, for service to be provided after entry of the order appointing the receiver. [2017 c.358 §23]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.260 - Receivership financing.

(1) If a receiver is authorized to operate the business of a person or manage a person’s property, the receiver may obtain credit and incur debt in the ordinary course of business. Expenses related to such credit and debt are allowable under ORS 37.370 as an administrative expense of the receiver.
(2) Upon court order, a receiver may obtain credit or incur debt other than in the ordinary course of business. The court may allow the receiver to mortgage, pledge, hypothecate or otherwise encumber estate property as security for repayment of any debt incurred under this subsection. A creditor’s security interest may be in the form of a receiver’s certificate. [2017 c.358 §26]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.270 - Recovery of costs related to secured property.

A receiver may recover from property securing a secured claim the necessary costs and expenses of preserving, or disposing of, the property to the extent of any benefit to the holder of such claim, including the payment of all ad valorem property taxes with respect to the property. [2017 c.358 §27]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.280 - Abandonment of property.

(1) A receiver, after giving notice, may abandon estate property that is burdensome to the receiver or is of inconsequential value or benefit. Property that is abandoned no longer constitutes estate property.
(2) A receiver may not abandon property in contravention of a state statute or rule that is reasonably designed to protect the public health or safety from identified hazards, including ORS chapters 465 and 466. [2017 c.358 §28]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.290 - Actions by or against receiver or affecting estate property.

(1) A person may not sue a receiver personally for an act or omission in administering estate property unless permitted by the court that appointed the receiver.
(2) A person may not initiate or continue an action seeking to dispossess the receiver of any estate property or to otherwise interfere with the receiver’s management or control of any estate property unless permitted by the court that appointed the receiver.
(3) Actions by or against a receiver are adjunct to the receivership. All pleadings in adjunct actions must include the case number of the receivership. All adjunct actions shall be referred to the judge assigned to the receivership action, unless:
(a) The court does not have jurisdiction over the adjunct action; or
(b) The assignment would not promote judicial efficiency.
(4) If an action is filed against a receiver in a court in this state other than the court in which the receivership is pending, the court in which the action is filed shall transfer the action to the court in which the receivership is pending upon the receiver’s motion if the receiver files the motion within 30 days after service of original process upon the receiver. However, if a state agency is a party to the action, the action may not be transferred under this subsection unless the agency consents to the transfer.
(5) The receiver may be joined or substituted as a party in any action that was pending at the time of the receiver’s appointment and in which the owner is a party, upon motion by the receiver to the court or agency in which the action is pending.
(6) In case of the death, removal or resignation of the receiver, an action by or against a receiver continues by or against the successor receiver or, if a successor receiver is not appointed, by or against the owner.
(7) Whenever the assets of any domestic or foreign entity that has been doing business in this state have been placed in the hands of a receiver, service of all process upon the entity may be made upon the receiver.
(8) A judgment against a receiver is not a lien on the property or funds of the receivership, and no execution may issue thereon. Upon entry of the judgment in the court in which the receivership is pending, or upon filing in the receivership of a certified copy of a judgment from another jurisdiction, the judgment is treated as an allowed claim in the receivership.
(9) No person other than a successor receiver duly appointed by the court has a right of action against a former receiver to recover property or the value thereof for or on behalf of the estate. [2017 c.358 §29]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.300 - Personal liability of receiver.

(1) A receiver may be personally liable to the owner, or a record or beneficial owner of estate property, for loss or diminution in value of or damage to estate property only if the loss, diminution or damage is caused by:
(a) Failure of the receiver to comply with an order of the court; or
(b) An act or omission for which liability could not be limited under ORS 60.047 if the receiver were an Oregon corporation.
(2) A receiver may be personally liable to a person other than the owner, or the record or beneficial owner of estate property, for any loss, diminution or damage caused by the receiver’s performance of the receiver’s duties, or the receiver’s authorized operation of a business, only if the loss, diminution or damage is caused by:
(a) Fraud by the receiver;
(b) An act intended by the receiver to cause loss, diminution or damage to the specific claimant; or
(c) An act or omission for which an officer or director of an Oregon corporation would be liable to the claimant under the same circumstances.
(3) Notwithstanding subsections (1) and (2) of this section, a receiver has no personal liability to any person for acts or omissions of the receiver permitted by any order of the court.
(4) A receiver is entitled to all defenses and immunities provided by law for an act or omission within the scope of the receiver’s appointment.
(5) Nothing in this section may be construed to expand any obligation or liability of a receiver under state law, common law or federal law for remediation of environmental damages or hazards. [2017 c.358 §30]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.310 - Employment and compensation of professionals.

(1) After giving notice, a receiver may employ attorneys, accountants, appraisers, brokers, real estate licensees, auctioneers or other professionals to represent or assist the receiver in carrying out the receiver’s duties.
(2) The notice given by the receiver before employing a professional must disclose:
(a) The identity and qualifications of the professional;
(b) The scope and nature of the proposed engagement;
(c) Any potential conflict of interest; and
(d) The proposed compensation.
(3) If an objection is filed after the receiver provides notice of the professional’s employment, the professional may continue to perform the professional’s duties while the objection is pending.
(4)(a) A receiver may not employ a professional who holds or represents an interest adverse to the estate, except by order of the court.
(b) A professional is not disqualified for employment under this subsection solely because of the professional’s employment by, representation of or other relationship with a creditor or other interested person, if the relationship is disclosed in the notice of the professional’s employment.
(5) Nothing in this section precludes the receiver from acting as attorney or accountant if doing so is in the best interests of the estate.
(6) After giving notice, the receiver may make payments to professionals for services rendered to the receiver. The notice must include an itemized billing statement indicating the time spent, billing rates of all persons who performed work to be compensated and a detailed list of expenses. [2017 c.358 §31]