Title 2, Procedure in Civil Proceedings

If an appeal is taken from an order of the trial court granting a new trial on its own initiative, the order shall be affirmed on appeal only on grounds set forth in the order or because of reversible error affirmatively appearing in the record. [Formerly 19.200]

The Supreme Court or the Court of Appeals may decide cases before it by means of memorandum decisions and shall prepare full opinions only in such cases as it deems proper. [Formerly 19.180] (Attorney Fees and Penalties)

(1) If a statute of this state authorizes or requires an award of attorney fees to a party to a proceeding, but does not expressly authorize or require that award on appeal, judicial review or other appellate review of the decision in the proceeding, and does not expressly prohib…

Whenever a judgment is affirmed on appeal, and it is for recovery of money, or personal property or the value thereof, the judgment shall be given for 10 percent of the amount thereof, for damages for the delay, unless it appears evident to the appellate court that there was prob…

(1) As used in this section: (a) “Appellate judgment” means the decision of the Court of Appeals or Supreme Court, or such portion of the decision as may be specified by the rule of the Supreme Court or the Court of Appeals, together with an award of attorney fees or allowance of…

Except as otherwise provided in this chapter, when any provision of this chapter requires that a document be served and filed, the document shall be served in the manner provided in ORCP 9 B on all other parties who have appeared in the action, suit or proceeding and who are not …

In case of death, resignation, expiration of the term of office or vacancy in office for any other cause of the judge before whom the matter was tried, or in case illness or other cause prevents the judge from performing the duties of judge, a successor in office or any other jud…

(1) A court shall consider the following factors in determining whether to award attorney fees in any case in which an award of attorney fees is authorized by statute and in which the court has discretion to decide whether to award attorney fees: (a) The conduct of the parties in…

(1) In any action or suit in which one or more claims are asserted for which an award of attorney fees is either authorized or required, the prevailing party on each claim shall be determined as provided in this section. The provisions of this section apply to all proceedings in …

(1) In any action for damages for an injury or wrong to the person or property, or both, of another where the amount pleaded is $10,000 or less, and the plaintiff prevails in the action, there shall be taxed and allowed to the plaintiff, at trial and on appeal, a reasonable amoun…

(1) As used in this section, “contract” includes: (a) Express contracts; (b) Implied contracts; and (c) Instruments or documents evidencing a debt. (2) Except as provided in this section, a court shall allow reasonable attorney fees to the prevailing party on any claim based on c…

A prevailing party in a civil action relating to an express or implied contract is entitled to an award of attorney fees that is authorized by the terms of the contract or by statute, even though the party prevails by reason of a claim or defense asserting that the contract is in…

In a proceeding brought under section 18, Article I or section 4, Article XI of the Oregon Constitution by an owner of property or by a person claiming an interest in property, if the owner or other person prevails, the owner or other person shall be entitled to costs and disburs…

In any action or suit on a debt in which the defendant asserts a discharge in bankruptcy as a defense, the court shall award a reasonable attorney fee at trial and on appeal to the prevailing party. [1971 c.167 §2; 1973 c.216 §1; 1981 c.897 §4; 1995 c.618 §18]

(1) In any action or suit in which a claim is made based on a contract that specifically provides that attorney fees and costs incurred to enforce the provisions of the contract shall be awarded to one of the parties, the party that prevails on the claim shall be entitled to reas…

(1) In any action or suit on a contract by an assignee of any right under that contract, the maker of that contract and the plaintiff in the action or suit on that contract shall be severally liable for any attorney fees and costs that may be awarded to the defendant in the actio…

(1) In any action for damages for breach of an express or implied warranty in a sale of consumer goods or services where the amount pleaded is $2,500 or less and the plaintiff prevails in the action, there shall be taxed and allowed to the plaintiff, at trial and on appeal, a rea…

(1) In any civil action, suit or other proceeding in a circuit court or in the regular division or the magistrate division of the Oregon Tax Court, or in any civil appeal to or review by the Court of Appeals or Supreme Court, the court shall award reasonable attorney fees to a pa…

(1) In any civil judicial proceeding, including judicial review of an administrative proceeding based on a claim of unlawful discrimination, the court shall award to the prevailing plaintiff attorney and expert witness fees reasonably and necessarily incurred in connection with t…

(1) A person who is otherwise entitled to recover costs and disbursements may recover the following amounts as part of costs and disbursements: (a) An amount paid to a sheriff for service of process or other documents under ORS 21.300. (b) An amount paid to a person other than a …

When the decision of an officer, tribunal, or court of inferior jurisdiction is brought before a court for review, such review shall, for all the purposes of costs or disbursements, be deemed an appeal to such court upon errors in law, and costs therein shall be allowed and recov…

In the case of a mistrial in a civil or criminal action, if the court determines that the mistrial was caused by the deliberate misconduct of an attorney, the court, upon motion by the opposing party or upon motion of the court, shall assess against the attorney causing the mistr…

In all actions or suits prosecuted or defended in the name and for the use of the state, or any county or other public corporation therein, the state or public corporation is liable for and may recover costs and disbursements in like manner and with like effect as in the case of …

When the state or any county, city or school district in this state, or an officer, employee or agent thereof appearing in a representative or other official capacity, is a party in an action or proceeding in any court in this state, that party is not required to pay in advance t…

In an action, suit or proceeding prosecuted or defended by an executor, administrator, trustee of an express trust or person expressly authorized by statute to prosecute or defend therein, or in which a party appears by general guardian, conservator or guardian ad litem, costs an…

When in any action or suit for the recovery of money or damages only, the defendant shall allege in answer that before the commencement thereof the defendant tendered to the plaintiff a certain amount of money in full payment or satisfaction of the cause, and now brings the same …

(1) Except as provided in subsections (2) to (5) of this section, a prevailing party in a civil action or proceeding who has a right to recover costs and disbursements in the following cases also has a right to recover, as a part of the costs and disbursements, the following addi…

(1) An appeal may be taken from a judgment under ORCP 68 C(4) allowing or denying attorney fees or costs and disbursements on questions of law only, as in other cases. On such appeal the statement of attorney fees or costs and disbursements, the objections thereto and the judgmen…

(1) In any appeal to the Court of Appeals or review by the Supreme Court, the court shall allow costs and disbursements to the prevailing party, unless a statute provides that in the particular case costs and disbursements shall not be allowed to the prevailing party or shall be …

Costs or disbursements shall not be allowed in the Supreme Court or Court of Appeals to a party unless the party serves on the adverse party or the adverse party’s attorney, and files with the State Court Administrator, a statement certified under ORCP 17 showing with reasonable …

Litigants shall recover their costs and disbursements in cases of original jurisdiction in the Supreme Court, the same as provided in cases on appeal. CONTINGENT FEE AGREEMENTS

(1) 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, if an attorney for a plaintiff in respect to any civil action enters into a…

Except as otherwise provided by law, all amounts collected as fees and charges in the Supreme Court, the Court of Appeals, the Oregon Tax Court and the circuit courts shall be transferred to the State Court Administrator for deposit in the General Fund. [2011 c.595 §1]

Notwithstanding ORS 21.005, each month the State Court Administrator shall transfer to the State Court Technology Fund 8.85 percent of the fees collected by the State Court Administrator under ORS 21.010, 21.135, 21.145, 21.155, 21.160, 21.170, 21.180, 21.235, 46.570, 105.130 and…

It is the intent of the Legislative Assembly that funding be provided to the following entities by appropriations each biennium to fund programs, services and activities that were funded through court fees before the 2011-2013 biennium: (1) To the counties of this state for the p…

(1) Except as provided in this section, the appellant in an appeal or the petitioner in a judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee of $391 in the manner prescribed by ORS 19.265. The respondent in such case and any other person appearing…

(1) The State Court Administrator shall collect a fee of $1 for affixing the seal of the court to a document. (2) The Chief Justice of the Supreme Court by order may establish or authorize fees for copies of records of the appellate courts and the administrative offices of the St…

(1) In any appeal or petition for review subject to a fee under ORS 21.010, a $53 fee must be paid by the party filing one of the following motions and by the party responding to the motion: (a) A motion to dismiss filed by a respondent. (b) A motion to determine jurisdiction. (c…

A pleading or other document may be filed by the circuit court only if the filing fee required by law is paid by the person filing the document or a request for a fee waiver or deferral is granted by the court. Filing fees are not refundable under any circumstances. Unless otherw…

(1) The caption of any complaint or other document filed in a circuit court for the purpose of commencing an action or other civil proceeding must include a reference to the statute that establishes the filing fee for the proceeding. If the proceeding is subject to a filing fee e…

(1) Unless a specific fee is provided by subsection (3) or (4) of this section or other law for a proceeding, a circuit court shall collect a filing fee of $281 when a complaint or other document is filed for the purpose of commencing an action or other civil proceeding and when …

In the following proceedings, a circuit court shall collect a filing fee of $124 when a complaint or other document is filed for the purpose of commencing an action or other proceeding and at the time of filing an answer or other first appearance in the proceeding: (1) Applicatio…

A circuit court shall collect a filing fee of $301 when a complaint or other document is filed for the purpose of commencing one of the following proceedings and when an answer or other first appearance is filed in the proceeding: (1) Proceedings for dissolution of marriage, annu…

(1) A circuit court shall collect the following filing fees when a complaint or other document is filed for the purpose of commencing an action or other civil proceeding based on a tort or contract and when an answer or other first appearance is filed in the proceeding: (a) If th…

(1) When a person files a third-party complaint in a civil action or proceeding in circuit court and the complaint names a defendant who has not already appeared in the proceeding, the clerk of the court shall collect from the third-party plaintiff the same filing fee that would …

(1) Except as provided in ORS 114.515, a probate court shall collect the following filing fees for the filing of a petition for the appointment of personal representative: (a) If the value of the estate is less than $50,000, $278. (b) If the value of the estate is $50,000 or more…

(1) A circuit court shall collect the filing fee established under ORS 21.145 for the filing of the initial documents in a guardianship proceeding and for filing an appearance in a guardianship proceeding. (2) The fees established under this section apply to county courts exercis…

(1) The court shall collect the following filing fees for the filing of the initial documents in a conservatorship proceeding: (a) If the value of the estate is less than $50,000, $278. (b) If the value of the estate is $50,000 or more, but less than $1 million, $591. (c) If the …

The filing fees described in ORS 21.135, 21.145, 21.155 and 21.160 may not be charged to a district attorney or to the Division of Child Support of the Department of Justice for the filing of any proceeding related to the provision of child support services as described in ORS 25…

(1) In any action or other proceeding subject to a fee under ORS 21.135, 21.145, 21.160 or 21.170, a $111 fee must be paid by the party filing one of the following motions and by the party responding to the motion: (a) A motion for summary judgment under ORCP 47. (b) A motion for…