Title 3, Remedies and Special Actions and Proceedings

(1) In a claim for negligence based on the defendant’s failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State P…

As used in ORS 12.155 and 31.550 to 31.565, “advance payment” means compensation for the injury or death of a person or the injury or destruction of property prior to the determination of legal liability therefor. [Formerly 18.500]

(1) If judgment is entered against a party on whose behalf an advance payment referred to in ORS 31.560 or 31.565 has been made and in favor of a party for whose benefit any such advance payment has been received, the amount of the judgment shall be reduced by the amount of any s…

(1) Advance payment made for damages arising from the death or injury of a person is not an admission of liability for the death or injury by the person making the payment unless the parties to the payment agree to the contrary in writing. (2) For the purpose of subsection (1) of…

Any advance payment made for damages arising from injury or destruction of property is not an admission of liability for the injury or destruction by the person making the payment unless the parties to the payment agree to the contrary in writing. [Formerly 18.530] COLLATERAL BEN…

(1) In a civil action, when a party is awarded damages for bodily injury or death of a person which are to be paid by another party to the action, and the party awarded damages or person injured or deceased received benefits for the injury or death other than from the party who i…

(1) Contributory negligence shall not bar recovery in an action by any person or the legal representative of the person to recover damages for death or injury to person or property if the fault attributable to the claimant was not greater than the combined fault of all persons sp…

(1) When requested by any party the trier of fact shall answer special questions indicating: (a) The amount of damages to which a party seeking recovery would be entitled, assuming that party not to be at fault. (b) The degree of fault of each person specified in ORS 31.600 (2). …

(1) Except as otherwise provided in this section, in any civil action arising out of bodily injury, death or property damage, including claims for emotional injury or distress, loss of care, comfort, companionship and society, and loss of consortium, the liability of each defenda…

Setoff of damages shall not be granted in actions subject to ORS 31.600 to 31.620. [Formerly 18.490]

(1) The doctrine of last clear chance is abolished. (2) The doctrine of implied assumption of the risk is abolished. [Formerly 18.475] DAMAGES (Economic and Noneconomic Damages)

(1) When the guardian ad litem or conservator of the estate of a child maintains a cause of action for recovery of damages to the child caused by a wrongful act, the parent, parents, or conservator of the estate of the child may file a consent accompanying the complaint of the gu…

(1) A verdict shall set forth separately economic damages and noneconomic damages. (2) As used in this section: (a) “Economic damages” means objectively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for medical, hospital, nursing …

(1) Except for claims subject to ORS 30.260 to 30.300 and ORS chapter 656, in any civil action for the wrongful death of any one person including claims for loss of care, comfort, companionship and society and loss of consortium, the amount awarded for noneconomic damages, as def…

(1) Except as provided in this section, a plaintiff may not recover noneconomic damages, as defined in ORS 31.705, in any action for injury or death arising out of the operation of a motor vehicle if the plaintiff was in violation of ORS 806.010 or 813.010 at the time the act or …

(1) A pleading in a civil action may not contain a request for an award of punitive damages except as provided in this section. (2) At the time of filing a pleading with the court, the pleading may not contain a request for an award of punitive damages. At any time after the plea…

(1) Punitive damages are not recoverable in a civil action unless it is proven by clear and convincing evidence that the party against whom punitive damages are sought has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm …

(1) Upon the entry of a verdict including an award of punitive damages, the Department of Justice becomes a judgment creditor as to the amounts payable under paragraphs (b) and (c) of this subsection, and the punitive damage portion of an award shall be allocated as follows: (a) …

Punitive damages may not be awarded against a health practitioner if: (1) The health practitioner is licensed, registered or certified as: (a) A psychologist under ORS 675.030 to 675.070, 675.085 and 675.090; (b) An occupational therapist under ORS 675.230 to 675.300; (c) A regul…

(1) In an action brought to recover damages for personal injuries arising out of a motor vehicle accident, evidence of the nonuse of a safety belt or harness may be admitted only to mitigate the injured party’s damages. The mitigation shall not exceed five percent of the amount t…

(1) A calculation of the projected future earning potential of the plaintiff that takes into account the race or ethnicity of the plaintiff is inadmissible in any civil action. (2) The court shall instruct the jury in a civil action involving a claim for projected future earnings…

(1) Except as otherwise provided in this section, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered…

(1) The proportional shares of tortfeasors in the entire liability shall be based upon their relative degrees of fault or responsibility. In contribution actions arising out of liability under ORS 31.600, the proportional share of a tortfeasor in the entire liability shall be bas…

(1) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action. (2) Where a judgment has been entered in an action against two or more tortfeasors for the same injury…

(1) When a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury to person or property or the same wrongful death or claimed to be liable in tort for the same injury or the same wrongful death: (a) I…

If any provision of ORS 31.800 to 31.820 or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of ORS 31.800 to 31.820 which can be given effect without the invalid provision or application and to this end the p…

A defendant in a tort action against whom a judgment has been rendered may assign any cause of action that defendant has against the defendant’s insurer as a result of the judgment to the plaintiff in whose favor the judgment has been entered. That assignment and any release or c…

There shall be no civil cause of action for alienation of affections. [Formerly 30.840]

There shall be no civil cause of action for criminal conversation. [Formerly 30.850] _______________

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…