Title 3, Remedies and Special Actions and Proceedings

(1) A person against whom an order is issued under ORS 30.405 may file a request for hearing with the court that issued the order within 30 days after the order is served on the person. A request under this section shall be in writing, shall be signed by the person and shall incl…

Fines and forfeitures may be recovered by an action at law in the name of the officer or person to whom they are by law given, or in the name of the officer or person who by law is authorized to prosecute for them.

Whenever, by law, any property is forfeited to the state, or to any officer for its use, the action for the recovery of such property may be commenced in any county where the defendant may be found, or where such property may be.

When an action is commenced for a penalty, which by law is not to exceed a certain amount, the action may be commenced for that amount, and if judgment is given for the plaintiff, it may be for such amount or less, in the discretion of the court, in proportion to the offense.

A recovery of a judgment for a penalty or forfeiture by collusion between the plaintiff and defendant, with intent to save the defendant, wholly or partially, from the consequences contemplated by law, in case where the penalty or forfeiture is given wholly or partly to the perso…

When proceedings are conducted by county hearings officers to enforce requirements or prohibitions of county ordinances or resolutions, if fines or costs are not paid by a defendant within 60 days after payment is ordered, the defendant is personally liable to the county for the …

In enacting ORS 30.480 and 30.485, the Legislative Assembly of the State of Oregon declares: (1) That many persons with disabilities and older persons, due to disability or age, cannot obtain medical, educational, recreational or other important services or benefits, or pursue da…

(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 lia…

(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. (2) If the amount settled upon by multipl…

As used in ORS 30.490 to 30.497: (1) “Discharge” means any leakage, seepage or any other release of hazardous material. (2) “Hazardous material” means: (a) Hazardous waste as defined in ORS 466.005; (b) Hazardous substances as defined in ORS 453.005; (c) Radioactive waste as defi…

(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: (a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardou…

The immunity provided in ORS 30.492 shall not apply to any person: (1) Whose act or omission caused in whole or in part the actual or threatened discharge and who would otherwise be liable for the damages; or (2) Who receives compensation other than reimbursement for expenses for…

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]

As used in this section and ORS 30.505: (1) “Generator” has the meaning given that term in ORS 466.005. (2) “Person” means an individual, corporation, association, firm, partnership, joint stock company or state or local government agency. [1987 c.332 §1]

(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 requ…

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: (1) When any person usurps, intrudes into, or unlawfully holds or exercises an…

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.

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 fran…

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 quali…

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.8…

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, judgme…

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 …

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 sha…

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 diss…

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: (1)…

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…

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 com…

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 Secr…

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] ACTIONS AGAINST PUBLIC BODY BY ADULTS IN CUSTODY

As used in ORS 30.642 to 30.650: (1) “Action against a public body” means a civil action, including an action brought in a small claims department, an appeal or a petition for review, that names as a defendant a public body as defined in ORS 30.260 or an officer, employee or agen…

(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. (2) Any adult in custody seeking waiver or deferral of fees or court costs must submit…

(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, f…

(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. (2) Payment for costs under this section shall be mad…

(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 def…

(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…

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; 2…

(1) A person may petition for compensation for wrongful conviction against the state if all of the following requirements are satisfied: (a) The person was convicted of one or more felonies and subsequently imprisoned as a result of the conviction or convictions; (b)(A) The perso…

(1) A person may not file a petition under ORS 30.657 unless notice of petition is given as required by this section. (2) Notice of petition shall be given within 180 days after the date on which the charges were dismissed, the person was found not guilty on retrial or the person…

As used in ORS 30.671 to 30.677: (1) “Agri-tourism activity” means an activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including farming, wineries, ranchi…

(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. (2) Subsectio…

(1) An agri-tourism professional shall conspicuously post the notice specified in subsection (2) of this section: (a) At the entrance to the agri-tourism site, in black letters at least one inch in height; (b) At any location where an agri-tourism activity takes place, in black l…

For the purposes of ORS 30.687 to 30.697: (1) “Equine” means a horse, pony, mule, donkey or hinny. (2) “Equine activity” means: (a) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines and any of the equine disciplines including, bu…

(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. (2) It is the policy of the St…

(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 …

(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: (a) Provided the equipment or tack, failed to make reasonab…

(1) No veterinarian or farrier shall be liable to any person who assists the veterinarian or farrier in rendering veterinarian or farrier services to an equine if the person, prior to assisting the veterinarian or farrier, executes a release stating that the person rendering assi…

Nothing in ORS 30.687 to 30.695 shall affect the right of any person to any workers’ compensation benefits that may be payable by reason of death, injury or other loss. [1991 c.864 §6]

(1) In any action against a maker of a dishonored check, a payee may recover from the maker statutory damages in an amount equal to $100 or triple the amount for which the check is drawn, whichever is greater. Statutory damages awarded under this subsection are in addition to the…

Successive actions or suits may be maintained upon the same contract or transaction, whenever, after the former action or suit, a new cause of action or suit arises therefrom. [Formerly 11.030]

All persons losing money or anything of value at or on any unlawful game described in ORS 167.117, 167.122 and 167.127 shall have a cause of action to recover from the dealer winning the same, or proprietor for whose benefit such game was played or dealt, or such money or thing o…