Chapter 30 — Chapter 30

ORS 30.480 Limitation on liability of volunteers; conditions. (1) When a provider of volunteer transportation services who is qualified under subsection (3) of this section provides the services under the conditions described in subsection (4) of this section to a person with a disability or a person who is 55 years of age or older, the liability of the provider to the person for injury, death or loss arising out of the volunteer transportation services shall be limited as provided in this section. When volunteer transportation services are provided to five or fewer persons at one time, the liability of the provider of the volunteer transportation services shall not exceed the greater of the amount of coverage under the terms of the provider’s motor vehicle liability insurance policy, as described in ORS 806.080, or the amounts specified in ORS 806.070 for future responsibility payments for

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ORS 30.485 Apportionment of damages; insurance issues excluded from jury consideration. (1) If the amount awarded by a court to multiple claimants exceeds the total amount limited under ORS 30.480 (1) or (2), the court shall apportion a proper share of that total amount to each claimant to whom ORS 30.480 (1) or (2) applies

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ORS 30.490 Definitions for ORS 30.490 to 30.497. As used in ORS 30.490 to 30.497

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ORS 30.492 Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material. (1) Except as provided in ORS 30.495 and 30.497, no person may maintain an action for damages against a person for voluntarily providing assistance or advice directly related to

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ORS 30.495 Exceptions to limitation. The immunity provided in ORS 30.492 shall not apply to any person

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ORS 30.497 When limitation on liability not applicable. Nothing in ORS 30.492 shall be construed to limit or otherwise affect the liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton or intentional misconduct. [1985 c.376 §4]

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ORS 30.500 Definitions for ORS 30.500 and 30.505. As used in this section and ORS 30.505

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ORS 30.505 Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws; exceptions. (1) Except as provided in subsection (2) of this section, no person may maintain an action for damages against a person who voluntarily provides assistance, training or advice to a generator directly related to procedures or actions the generator must take to comply with the requirements of state or federal hazardous waste disposal laws

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ORS 30.510 Action for usurpation of office or franchise, forfeiture of office or failure to incorporate. An action at law may be maintained in the name of the state, upon the information of the district attorney, or upon the relation of a private party against the person offending, in the following cases

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ORS 30.520 Joinder of defendants. Several persons may be joined as defendants in an action for the causes specified in ORS 30.510 (1), and in such action their respective rights to such office or franchise may be determined

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ORS 30.530 Determining right of person claiming an office or franchise. Whenever an action is brought against a person for any of the causes specified in ORS 30.510 (1), the district attorney, in addition to the statement of the cause of action, may separately set forth in the complaint the name of the person rightfully entitled to the office or franchise, with a statement of the facts constituting the right of the person thereto. In such case, judgment may be given upon the right of the defendant, and also upon the right of the person so alleged to be entitled, or only upon the right of the defendant, as justice may require

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ORS 30.540 Rights of person adjudged entitled to office or franchise. If judgment is given upon the right of and in favor of the person alleged in the complaint to be entitled to the office or franchise, the person shall be entitled to the possession and enjoyment of the franchise, or to take upon the person the execution of the office, after qualifying the person therefor as required by law, and to demand and receive the possession of all the books, papers and property belonging thereto

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ORS 30.550 Action for damages. If judgment is given upon the right of and in favor of the person alleged in the complaint to be entitled to the office or franchise, the person may afterwards maintain an action to recover the damages which the person has sustained by reason of the premises. [Amended by 1973 c.836 §320; 1981 c.898 §35]

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ORS 30.560 Judgment against usurper; imposition of fine. When a defendant, whether a natural person or a corporation, against whom an action has been commenced for any of the causes specified in ORS 30.510 (1), is determined to be guilty of usurping, or intruding into, or unlawfully holding or exercising any office or franchise, judgment shall be given that such defendant be excluded therefrom. The court may also impose a fine upon the defendant not exceeding $2,000

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ORS 30.570 Action to annul corporate existence on direction of Governor. An action may be maintained in the name of the state, whenever the Governor shall so direct, against a corporation either public or private, for the purpose of avoiding the Act of incorporation, or an Act renewing or modifying its corporate existence, on the ground that such Act was procured upon some fraudulent suggestion or concealment of a material fact by the persons incorporated, or some of them, or with their knowledge and consent; or for annulling the existence of a corporation formed under any general law of this state, on the ground that such incorporation, or any renewal or modification thereof, was procured in like manner

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ORS 30.580 Action to annul corporate existence on leave of court. An action may be maintained in the name of the state against a corporation, other than a public one, on leave granted by the court or judge thereof where the action is triable, for the purpose of avoiding the charter or annulling the existence of such corporation, whenever it shall

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ORS 30.590 Judgment against corporation. If it is determined that a corporation, against which an action has been commenced pursuant to ORS 30.570 or 30.580, has forfeited its corporate rights, privileges and franchises, judgment shall be given that the corporation be excluded therefrom, and that the corporation be dissolved

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ORS 30.600 Action to annul letters patent. An action may be maintained in the name of the state for the purpose of vacating or annulling letters patent, issued by the state, against the person to whom the letters were issued, or those claiming under the person, as to the subject matter thereof, in the following cases

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ORS 30.610 Prosecutor; verification of pleadings; affidavit for leave of court; relator as coplaintiff. The actions provided for in ORS 30.510 to 30.640 shall be commenced and prosecuted by the district attorney of the district where the same are triable. When the action is upon the relation of a private party, as allowed in ORS 30.510, the pleadings on behalf of the state shall be signed by the relator as if the relator were the plaintiff, or otherwise as provided in ORCP 17; in all other cases the pleadings shall be signed by the district attorney in like manner or otherwise as provided in ORCP 17. When an action can only be commenced by leave, as provided in ORS 30.580, the leave shall be granted when it appears by affidavit that the acts or omissions specified in that section have been done or suffered by the corporation. When an action is commenced on the information of a private person, as allowed in ORS 30.510, having an interest in the question, such person, for all the purposes of the action, and as to the effect of any judgment that may be given therein, shall be deemed a coplaintiff with the state. [Amended by 1979 c.284 §66]

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ORS 30.620 Duty of district attorney. When directed by the Governor, as prescribed in ORS 30.570, it shall be the duty of the district attorney to commence the action therein provided for accordingly. In all other actions provided for in ORS 30.510 to 30.640 it shall be the duty of the proper district attorney to commence such action, upon leave given where leave is required, in every case of public interest, whenever the district attorney has reason to believe that a cause of action exists and can be proven, and also for like reasons in every case of private interest only in which satisfactory security is given to the state to indemnify it against the costs and expenses that may be incurred thereby

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ORS 30.630 Filing copy of judgment with Secretary of State. If judgment is given against a corporation, the effect of which is that the corporation ceases to exist, or whereby any letters patent are determined to be vacated or annulled, it shall be the duty of the district attorney to cause a copy of the judgment to be filed with the Secretary of State. [Amended by 1991 c.111 §3]

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ORS 30.640 Enforcement of judgment. A judgment given in any action provided for in ORS 30.510 to 30.640, in respect to costs and disbursements, may be enforced by execution as a judgment which requires the payment of money. [Amended by 1981 c.898 §36]

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ORS 30.642 Definitions for ORS 30.642 to 30.650. As used in ORS 30.642 to 30.650

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ORS 30.643 Waiver or deferral of fees and costs. (1) If an adult in custody seeks to file an action against a public body, the fees and court costs of the adult in custody may be waived or deferred only in the manner provided by this section

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ORS 30.645 Waiver or deferral of fees after three dismissals of action. (1) Except as provided in subsection (2) of this section, the court may not waive or defer the fees or court costs under ORS 30.643 for an adult in custody if the adult in custody has, on three or more prior occasions while incarcerated or detained in any correctional facility, filed an action against a public body in a court of this state that was dismissed on the grounds that the action

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ORS 30.646 Payment of costs under judgment against adult in custody. (1) If an adult in custody files an action against a public body and a judgment is entered that requires the adult in custody to pay costs to the public body, the adult in custody must pay the full amount of the costs ordered

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ORS 30.647 Dismissal of action during proceedings. (1) If fees or court costs of an adult in custody have been waived or deferred under ORS 30.643, a court shall dismiss the case if at any time the court determines that the adult in custody was in fact able to pay fees and court costs at the time the application for waiver or deferral was made under ORS 21.680 to 21.698

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ORS 30.648 Small claims actions. (1)(a) An adult in custody who brings an action against a public body in a small claims department must serve the notice and claim and all subsequent filings on the public body. If the public body is the Department of Corrections or another state agency, the adult in custody must also serve the notice and claim and all subsequent filings on the Attorney General

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ORS 30.650 Award of noneconomic damages. Noneconomic damages, as defined in ORS 31.705, may not be awarded to an adult in custody in an action against a public body unless the adult in custody has established that the adult in custody suffered economic damages, as defined in ORS 31.705. [1999 c.657 §6; 2019 c.213 §10; 2021 c.478 §5]

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ORS 30.655 [1999 c.810 §1; repealed by 2015 c.212 §18]

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ORS 30.656 [1999 c.810 §2; repealed by 2015 c.212 §18]

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ORS 30.657 Petition for compensation for wrongful conviction; requirements; burden of proof; damages; attorney fees; setoffs for other awards; certificate of innocence; statute of limitations; appeals. (1) A person may petition for compensation for wrongful conviction against the state if all of the following requirements are satisfied

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ORS 30.658 [1999 c.810 §3; repealed by 2015 c.212 §18]

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ORS 30.659 Notice of petition required; exceptions for good cause; court to advise right to file notice. (1) A person may not file a petition under ORS 30.657 unless notice of petition is given as required by this section

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ORS 30.660 [1999 c.810 §4; repealed by 2015 c.212 §18]

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ORS 30.661 [1999 c.810 §5; repealed by 2015 c.212 §18]

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ORS 30.662 [1999 c.810 §6; repealed by 2015 c.212 §18]

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ORS 30.664 [1999 c.810 §8; repealed by 2015 c.212 §18]

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ORS 30.665 [1999 c.810 §9; repealed by 2015 c.212 §18]

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ORS 30.670 [1953 c.495 §1; 1973 c.714 §1; 2001 c.621 §16; renumbered 659A.403 in 2001]

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ORS 30.671 Definitions for ORS 30.671 to 30.677. As used in ORS 30.671 to 30.677

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ORS 30.673 Limitations on liability of agri-tourism professional; exceptions. (1) Except as provided in subsections (2) and (3) of this section, an agri-tourism professional that posts the notices required under ORS 30.677 is not liable for an injury to or the death of a participant arising from the inherent risks of an agri-tourism activity

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ORS 30.675 [1953 c.495 §2; 1957 c.724 §1; 1961 c.247 §1; 1973 c.714 §2; renumbered 659A.400 in 2001]

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ORS 30.677 Notice. (1) An agri-tourism professional shall conspicuously post the notice specified in subsection (2) of this section

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ORS 30.680 [Amended by 1953 c.495 §3; 1957 c.724 §2; 1973 c.714 §3; 1981 c.897 §7; 1995 c.618 §24; repealed by 2001 c.621 §90]

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ORS 30.685 [1973 c.714 §14; 2001 c.621 §17; renumbered 659A.406 in 2001]

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ORS 30.687 Definitions for ORS 30.687 to 30.697. For the purposes of ORS 30.687 to 30.697

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ORS 30.689 Policy. (1) It is the purpose of ORS 30.687 to 30.697 to assist courts and juries to define the circumstances under which those persons responsible for equines may and may not be liable for damages to other persons harmed in the course of equine activities

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ORS 30.691 Limitations on liability; exceptions. (1) Except as provided in subsection (2) of this section and in ORS 30.693, an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine and, except as provided in subsection (2) of this section and ORS 30.693, no participant or participant’s representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine

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ORS 30.693 Additional exceptions to limitations on liability; effect of written release. (1) Except as provided in subsection (2) of this section, nothing in ORS 30.691 shall limit the liability of an equine activity sponsor or an equine professional if the equine activity sponsor or the equine professional

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