Title 3, Remedies and Special Actions and Proceedings

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 wit…

(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 i…

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 …

(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 defini…

(1) Except as otherwise provided in ORS 161.685, proceedings to impose remedial sanctions for contempt shall be conducted as provided in this section. (2) The following persons may initiate the proceeding by filing an action and may request that the contempt defendant be ordered …

(1) Except as otherwise provided in ORS 161.685, proceedings to impose punitive sanctions for contempt shall be conducted as provided in this section. (2) The following persons may initiate the proceeding by an accusatory instrument charging a person with contempt of court and se…

(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 …

(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 dis…

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…

(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 s…

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 …

(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…

(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…

The Supreme Court may adopt rules to carry out the purposes of ORS 33.015 to 33.155. [1991 c.724 §13]

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 su…

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 r…

(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) Notw…

(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…

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, …

(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 surgic…

The surety or the representatives of any surety upon the bond of any trustee, committee, guardian, assignee, receiver, executor, administrator or other fiduciary, and any irrevocable letter of credit issuer for any trustee, committee, guardian, assignee, receiver, executor, admin…

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 bon…

(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 iss…

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 credi…

(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 ow…

(1) The determination authorized by ORS 33.710 shall be in the nature of a proceeding in rem; and the practice and procedure therein shall follow the practice and procedure of an action not triable by right to a jury, as far as the same is consistent with the determination sought…

As used in ORS 33.850 to 33.875: (1) “Annuity issuer” means an insurer that has entered into a contract to fund periodic payments under a structured settlement agreement. (2) “Independent professional advice” means advice of an attorney, certified public accountant, actuary, fina…

(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 …

(1) A petition for approval of a transfer of payment rights filed under ORS 33.855 must: (a) Include the payee’s name, age and county of residence. (b) Describe the financial terms of the proposed transfer, including the payment rights to be transferred by the payee and the amoun…

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 aggrega…

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 authori…

(1) A transfer of payment rights under ORS 33.850 to 33.875 is not effective and an obligor or annuity issuer is not required to make any payments directly or indirectly to a transferee unless the transferee has filed a petition under ORS 33.857 and the transfer is approved by th…

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 …

(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 brea…