Title 2, Procedure in Civil Proceedings

Actions and suits for the following causes shall be commenced and tried in the county in which the subject of the action or suit, or some part thereof, is situated: (1) Actions for the recovery of real property, or an estate or interest therein, or for injuries to real property. …

Actions for the following causes shall be commenced and tried in the county where the cause, or some part thereof, arose: (1) For the recovery of a penalty or forfeiture imposed by statute, except that when it is imposed for an offense committed on a lake, river or other stream o…

Any suit against any department, official, officer, commissioner, commission or board of the state, as such, or in virtue of such status, other than a suit for the causes enumerated in ORS 14.040, may be brought in the county wherein the cause of suit, or some part thereof, arose…

(1) All other actions shall be commenced in the county in which the defendants, or one of them, reside at the commencement of the action or in the county where the cause of action arose. A party resident of more than one county shall be deemed a resident of each such county. If n…

(1) The court or judge thereof may change the place of trial, on the motion of either party to an action or suit, when it appears from the affidavit or declaration under penalty of perjury in the form required by ORCP 1 E of such party that the motion is not made for the purpose …

The motion for a change of the place of trial may be made and allowed any time after the commencement of the action or suit and before the beginning of trial, except that, if the change sought is pursuant to the provisions of ORS 14.110 (1)(a), the motion must be made before fili…

When the place of trial has been changed as provided in ORS 14.110, the clerk shall promptly notify the clerk of the proper or more convenient court of the change. [Amended by 2017 c.252 §8]

A change of venue is complete upon entry of an order changing the place of trial, and thereafter the action shall proceed as though it had been commenced in the proper or more convenient court. [Amended by 2017 c.252 §9] TRANSFER OF PROCEEDING AGAINST PUBLIC BODY

(1) If an action or other proceeding against a public body is filed in circuit court and the circuit court does not have authority to decide the case, the circuit court shall: (a) Transfer the case to the court or tribunal authorized by law to decide the case if the circuit court…

In any action in which a party alleges that an act, policy or practice of a public body, as defined in ORS 174.109, or of any officer, employee or agent of a public body, as defined in ORS 174.109, is unconstitutional or is otherwise contrary to law, the party may continue to pro…

(1) A judge shall not act as such in a court of which the judge is a member in any of the following circumstances: (a) The judge shall not act as judge if the judge is a party to or directly interested in the action, suit or proceeding, except that the judge shall not be disquali…

No judge of a circuit court shall sit to hear or try any suit, action, matter or proceeding when it is established, as provided in ORS 14.250 to 14.270, that any party or attorney believes that such party or attorney cannot have a fair and impartial trial or hearing before such j…

(1) Any party to or any attorney appearing in any cause, matter or proceeding in a circuit court may establish the belief described in ORS 14.250 by motion supported by affidavit that the party or attorney believes that the party or attorney cannot have a fair and impartial trial…

An affidavit and motion for change of judge to hear the motions and demurrers or to try the case shall be made at the time of the assignment of the case to a judge for trial or for hearing upon a motion or demurrer. Oral notice of the intention to file the motion and affidavit sh…

A party or an attorney for a party in a cause before the Supreme Court or Court of Appeals may move to disqualify a judge of the Supreme Court or of the Court of Appeals for one or more of the grounds specified in ORS 14.210, or upon the ground that the judge’s participation in t…

For the purposes of ORS 15.300 to 15.380: (1) “Law” means any rule of general legal applicability adopted by a state, whether that rule is domestic or foreign and whether derived from international law, a constitution, statute, other publicly adopted measure or published judicial…

ORS 15.300 to 15.380 govern the choice of law applicable to any contract, or part of a contract, when a choice between the laws of different states is at issue. ORS 15.300 to 15.380 do not apply if another Oregon statute expressly designates the law applicable to the contract or …

Notwithstanding any other provision of ORS 15.300 to 15.380, but subject to the limitations on applicability imposed by ORS 15.305, the law of Oregon applies to the following contracts: (1) A contract for services to be rendered in Oregon, or for goods to be delivered in Oregon, …

A contract is valid as to form if the contract meets the requirements prescribed either by the law chosen by the parties under ORS 15.350 and 15.355, the law applicable under ORS 15.320, 15.360 or 15.380, or the law of the state from which any party or the party’s agent has assen…

(1) A party has the capacity to enter into a contract if the party has that capacity under the law of the state in which the party resides or the law applicable to this issue under ORS 15.320, 15.360 or 15.380. (2) A party that lacks capacity to enter into a contract under the la…

(1) A party has consented to a contract if the law applicable under ORS 15.320, 15.360 or 15.380 so provides. (2) In a consumer contract or employment contract, the consumer or employee whose assent to a contract was obtained in the state of the party’s residence, or whose conduc…

(1) Except as specifically provided by ORS 15.320, 15.325, 15.330, 15.335 or 15.355, the contractual rights and duties of the parties are governed by the law or laws that the parties have chosen. The choice of law may extend to the entire contract or to part of a contract. (2) Th…

(1) The law chosen by the parties pursuant to ORS 15.350 does not apply to the extent that its application would: (a) Require a party to perform an act prohibited by the law of the state where the act is to be performed under the contract; (b) Prohibit a party from performing an …

To the extent that an effective choice of law has not been made by the parties pursuant to ORS 15.350 or 15.355, or is not prescribed by ORS 15.320, 15.325, 15.330, 15.335 or 15.380, the rights and duties of the parties with regard to an issue in a contract are governed by the la…

(1) To the extent that an effective choice of law has not been made by the parties pursuant to ORS 15.350 or 15.355, or is not prescribed by ORS 15.320, 15.325, 15.330 or 15.335, contracts described in subsection (2) of this section are governed by the law of the state specified …

For the purposes of ORS 15.400 to 15.460: (1) “Conduct” means an act or omission that has occurred or that may occur in the future. (2) “Domicile” means the place identified under ORS 15.420. (3) “Injury” means physical or nonphysical harm to a person or property caused by the co…

ORS 15.400 to 15.460 govern the choice of law applicable to noncontractual claims when a choice between or among the laws of more than one state is at issue. ORS 15.400 to 15.460 do not supersede the provisions of other Oregon statutes that expressly designate the law governing a…

(1) Oregon law determines the scope and meaning of terms used in ORS 15.400 to 15.460, including whether a claim is a noncontractual claim. (2) The law of the state determined to be applicable under ORS 15.400 to 15.460 determines the scope and meaning of terms used in that law. …

For the purposes of ORS 15.400 to 15.460, the following issues are determined under Oregon law: (1) What conduct caused the injury, and where the conduct occurred. If injurious conduct occurs in more than one state, the state where the conduct occurred that is primarily responsib…

For the purposes of ORS 15.400 to 15.460: (1)(a) The domicile of a natural person is in the state in which the person resides with the intent to make it the person’s home for an indefinite period of time. (b) A domicile once established continues until it is superseded by the acq…

Notwithstanding ORS 15.440, 15.445 and 15.455, Oregon law governs noncontractual claims in the following actions: (1) Actions in which, after the events giving rise to the dispute, the parties agree to the application of Oregon law. (2) Actions in which none of the parties raises…

(1) Notwithstanding ORS 15.440 and 15.445, Oregon law applies to product liability civil actions, as defined in ORS 30.900, if: (a) The injured person was domiciled in Oregon and the injury occurred in Oregon; or (b) The injured person was domiciled in Oregon or the injury occurr…

(1) Noncontractual claims between an injured person and the person whose conduct caused the injury are governed by the law of the state designated in this section. (2)(a) If the injured person and the person whose conduct caused the injury were domiciled in the same state, the la…

Except as provided in ORS 15.430, 15.435, 15.440 and 15.455, the rights and liabilities of the parties with regard to disputed issues in a noncontractual claim are governed by the law of the state whose contacts with the parties and the dispute and whose policies on the disputed …

Notwithstanding ORS 15.430, 15.435 and 15.440, if two or more persons are liable for the same claim, the rights and liabilities between those persons are governed by the law determined for the particular issue under ORS 15.445. If a third party pays compensation to a person injur…

Notwithstanding ORS 15.440, 15.445 and 15.450, but subject to ORS 15.300 to 15.380, an agreement providing that an issue or issues falling within the scope of ORS 15.400 to 15.460 will be governed by the law of a state other than Oregon is enforceable in Oregon if the agreement w…

The Oregon Law Commission shall make available on the website maintained by the commission a copy of the commentary approved by the commission for the provisions of ORS 15.400 to 15.460. [Formerly 31.890] _______________

As used in ORS 17.065 to 17.085, unless the context requires otherwise: (1) “Compromise” means an agreement to allow judgment to be given for a sum or value specified. (2) “Employer” includes any agent or representative of an employer. (3) “Release” means an agreement to abandon …

(1) An employer whose interest is or may become adverse to that of an injured employee shall not, within 15 days from the date of the occurrence causing the employee’s injury: (a) Negotiate or attempt to negotiate a settlement or compromise with the injured employee; (b) Obtain o…

ORS 17.075 relating to settlements, compromises, releases and statements obtained by an employer whose interest is or may become adverse to an injured employee shall not apply, if at least five days prior to obtaining the settlement, compromise, release or statement, the injured …

(1) A public body, or officer, employee or agent of a public body, who is a defendant in an action under ORS 30.260 to 30.300, or who is a defendant in an action under ORS 294.100, may not enter into any settlement or compromise of the action if the settlement or compromise requi…

(1) As used in this section, “incapacitated” and “minor” have the meanings given those terms in ORS 125.005. (2) An affidavit submitted to a court in support of a petition for approval of settlement of a personal injury claim of an incapacitated person, a minor or a decedent is c…

A court record relating to the settlement of a minor’s claim approved under ORCP 27 I is confidential and may not be disclosed, except pursuant to a court order issued for good cause shown. Good cause for purposes of this section includes, but is not limited to, a showing that th…

A person violating ORS 17.075 (1) commits a Class A violation. [1975 c.512 §5; 1999 c.1051 §146] _______________

As used in this chapter: (1) “Action” means any proceeding commenced in a court in which the court may render a judgment. (2) “Child support award” means a money award or agency order that requires the payment of child support and that is entered under ORS 108.010 to 108.550, 416…

(1) References in the statutes of this state to decrees include judgments, and references in the statutes of this state to judgments include decrees. (2) References in the statutes of this state to judgments of other states include decrees of other states, and references in the s…

Except as specifically provided by this chapter, the provisions of this chapter apply to circuit courts, municipal courts and justice courts and to county courts performing judicial functions. [2003 c.576 §2] GENERAL PROVISIONS RELATING TO JUDGMENTS

The Chief Justice of the Supreme Court by rule or order may: (1) Authorize or require that specified requests for relief that are not governed by other legal authority be decided by judgment; and (2) Authorize or require the use of a limited or supplemental judgment for specified…

The provisions of this chapter do not impose any requirement that a court use a judgment for the court’s concluding decision on a request for relief if a legal authority allows or requires that the court decide the request for relief by order or other means. [2005 c.568 §6] Note:…

Except as provided in ORS 25.529 (5), a supplemental judgment may only contain provisions that were not included in the general judgment. [2009 c.484 §7; 2013 c.183 §4] FORM OF JUDGMENT DOCUMENT