Chapter 33 — Chapter 33
72 sections in this chapter.
ORS 33.010 [Amended by 1981 c.898 §37; repealed by 1991 c.724 §32]
0.0K chars
CONTEMPT PROCEEDINGS
ORS 33.015 Definitions for ORS 33.015 to 33.155. For the purposes of ORS 33.015 to 33.155
1.0K chars
(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 i…
ORS 33.020 [Repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 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
1.7K chars
(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 du…
ORS 33.030 [Repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 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
0.5K chars
(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 de…
ORS 33.040 [Amended by 1955 c.648 §2; 1961 c.210 §5; repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 33.045 Types of sanctions. (1) A court may impose either remedial or punitive sanctions for contempt
1.1K chars
(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 …
ORS 33.050 [Repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 33.055 Procedure for imposition of remedial sanctions. (1) Except as otherwise provided in ORS 161.685, proceedings to impose remedial sanctions for contempt shall be conducted as provided in this section
3.8K chars
(2) The following persons may initiate the proceeding by filing an action and may request that the contempt defendant be ordered to appear: (a) A party aggrieved by an alleged contempt of court. (b) A district attorney. (c) A city attorney. (d) The Attorney General. (e) Any other…
ORS 33.060 [Amended by 1981 c.781 §1; 1983 c.561 §1; repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 33.065 Procedure for imposition of punitive sanctions. (1) Except as otherwise provided in ORS 161.685, proceedings to impose punitive sanctions for contempt shall be conducted as provided in this section
3.2K chars
(2) The following persons may initiate the proceeding by an accusatory instrument charging a person with contempt of court and seeking a punitive sanction: (a) A city attorney. (b) A district attorney. (c) The Attorney General. (3) If a city attorney, district attorney or Attorne…
ORS 33.070 [Amended by 1973 c.836 §321; repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 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
1.8K chars
(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…
ORS 33.080 [Amended by 1973 c.836 §322; repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 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
2.1K chars
(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 con…
ORS 33.090 [Amended by 1973 c.836 §323; repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 33.095 [1975 c.516 §2; 1981 c.898 §38; 1987 c.803 §15; 1989 c.171 §5; repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 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]
0.0K chars
[Repealed or reserved.]
ORS 33.100 [Repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 33.105 Sanctions authorized. (1) Unless otherwise provided by statute, a court may impose one or more of the following remedial sanctions
1.8K chars
(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 …
ORS 33.110 [Repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 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]
0.0K chars
[Repealed or reserved.]
ORS 33.125 Appeal. (1) The imposition of a sanction for contempt shall be by a judgment
1.0K chars
(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 judg…
ORS 33.130 [Repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 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
1.0K chars
(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) Th…
ORS 33.140 [Repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 33.145 Rules. The Supreme Court may adopt rules to carry out the purposes of ORS 33.015 to 33.155. [1991 c.724 §13]
0.0K chars
[Repealed or reserved.]
ORS 33.150 [Repealed by 1991 c.724 §32]
0.0K chars
[Repealed or reserved.]
ORS 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]
0.0K chars
[Repealed or reserved.]
ORS 33.210 [Amended by 1979 c.284 §67; 1989 c.955 §1; renumbered 36.300 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.220 [Renumbered 36.305 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.230 [Amended by 1979 c.284 §68; renumbered 36.310 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.240 [Renumbered 36.315 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.250 [Renumbered 36.320 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.260 [Renumbered 36.325 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.270 [Renumbered 36.330 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.280 [Renumbered 36.335 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.290 [Renumbered 36.340 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.300 [Amended by 1985 c.496 §19; renumbered 36.345 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.310 [Amended by 1985 c.496 §20; renumbered 36.350 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.320 [Amended by 1985 c.496 §21; renumbered 36.355 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.330 [Renumbered 36.360 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.340 [Amended by 1985 c.496 §22; renumbered 36.365 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.350 [1983 c.670 §1; 1985 c.342 §3; renumbered 36.400 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.360 [1983 c.670 §2; 1987 c.116 §1; 1987 c.125 §1; renumbered 36.405 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.370 [1983 c.670 §3; 1987 c.116 §2; renumbered 36.410 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.380 [1983 c.670 §4; 1985 c.342 §4; 1987 c.116 §3; renumbered 36.415 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.390 [1983 c.670 §5; renumbered 36.420 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 33.400 [1983 c.670 §6; renumbered 36.425 in 1989]
0.0K chars
CHANGE OF NAME