Title 3, Remedies and Special Actions and Proceedings

Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment is pray…

Any person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status or other legal relations are affected by a constitution, statute, municipal charter, ordinance, contract or franchise may have determined any question of c…

A contract may be construed either before or after there has been a breach thereof.

The enumeration in ORS 28.010, 28.020 or 28.030 does not limit or restrict the exercise of the general powers conferred in ORS 28.010, in any proceedings where declaratory relief is sought, in which a judgment will terminate the controversy or remove an uncertainty. [Amended by 2…

The court may refuse to render or enter a declaratory judgment where such judgment, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. [Amended by 2003 c.576 §304]

All orders and judgments under this chapter may be appealed from or reviewed as other orders and judgments. [Amended by 2003 c.576 §305]

Further relief based on a declaratory judgment may be granted whenever necessary or proper. The application thereof shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any…

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other actions at law or suits in equity in the court in which the proceeding is pending.

In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of…

This chapter is declared to be remedial. The purpose of this chapter is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered. [Amended by 2005 c.22 §18]

The word “person,” wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.

The several sections and provisions of this chapter, except ORS 28.010 and 28.020, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments. [Amended by 2003 c.576 …

This chapter may be cited as the “Uniform Declaratory Judgments Act.” CERTIFICATION OF QUESTIONS OF LAW

The Supreme Court may answer questions of law certified to it by the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, a panel of the Bankruptcy Appellate Panel Service or the highest appellate court or the intermediate a…

ORS 28.200 to 28.255 may be invoked by an order of any of the courts referred to in ORS 28.200 upon the court’s own motion or upon the motion of any party to the cause. [1983 c.103 §2] Note: See note under 28.200.

A certification order shall set forth: (1) The questions of law to be answered; and (2) A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose. [1983 c.103 §3] Note: See note under 28.200.

The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the Supreme Court by the clerk of the certifying court under its official seal. The Supreme Court may require the original or copies of all or of any …

Fees and costs shall be the same as in civil appeals docketed before the Supreme Court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification. [1983 c.103 §5] Note: See note under 28.200.

Proceedings in the Supreme Court shall be those provided in rules of appellate procedure and statutes governing briefs and arguments. [1983 c.103 §6] Note: See note under 28.200.

The written opinion of the Supreme Court stating the law governing the questions certified shall be sent by the clerk under the seal of the Supreme Court to the certifying court and to the parties. [1983 c.103 §7] Note: See note under 28.200.

The Supreme Court or the Court of Appeals of this state, on their own motion or the motion of any party, may order certification of questions of law to the highest court of any state when it appears to the certifying court that there are involved in any proceeding before the cour…

The procedures for certification from this state to the receiving state shall be those provided in the laws of the receiving state. [1983 c.103 §9] Note: See note under 28.200.

If any provision of ORS 28.200 to 28.255 or the application thereof to any person, court, or circumstance is held invalid the invalidity does not affect other provisions or applications of ORS 28.200 to 28.255 which can be given effect without the invalid provision or application…

ORS 28.200 to 28.255 shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [1983 c.103 §11] Note: See note under 28.200.

ORS 28.200 to 28.255 may be cited as the Uniform Certification of Questions of Law Act. [1983 c.103 §12] Note: See note under 28.200. _______________

(1) A parent having custody of a child of the parent may maintain an action for the injury of the child. (2) A parent may recover damages for the death of a child of the parent only under ORS 30.020. [Amended by 1961 c.344 §102; 1973 c.718 §1; 2003 c.14 §16]

(1) When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestat…

When damages for wrongful death are accepted or recovered in an action filed under ORS 30.020, the damages must be placed in the lawyer trust account for an attorney representing the personal representative in the estate or in the wrongful death claim or, upon order of the court,…

(1) Upon settlement of a claim, or recovery of judgment in an action, for damages for wrongful death, by the personal representative of a decedent under ORS 30.020, the amount of damages so accepted or recovered shall be distributed in the manner prescribed in this section. (2) T…

Except when all beneficiaries otherwise agree, if settlement, with or without action, is effected and there is more than one beneficiary, the amount to be distributed to each beneficiary as recovery for loss described in ORS 30.020 (2)(d) shall be apportioned by the probate court…

Except when all beneficiaries otherwise agree, if the action described in ORS 30.020 is brought, and a judgment for the plaintiff is given, and there is more than one beneficiary, the amount to be distributed to each beneficiary as recovery for loss described in ORS 30.020 (2)(d)…

In the case of an order of distribution under ORS 30.030 (5) or an order of apportionment made under either ORS 30.040 or 30.050, any individual who in the probate court or trial court claims to be a beneficiary may appeal therefrom, or from any part thereof, to the Court of Appe…

(1) Notwithstanding ORS 30.020, any damages distributable under ORS 30.030 to 30.060 to a parent or stepparent shall pass and be vested as if the parent or stepparent had predeceased the decedent if: (a) The person who would be benefited by the forfeiture is a child or sibling of…

(1) A petition may be filed in probate proceedings to assert that the interest in damages distributable to a parent or stepparent under ORS 30.030 to 30.060 is subject to forfeiture under ORS 30.063. A petition may be filed under this section only by a person who would be benefit…

The personal representative of the decedent, with the approval of the court of appointment, shall have full power to compromise and settle any claim of the class described in ORS 30.030, whether the claim is reduced to judgment or not, and to execute such releases and other instr…

(1) Causes of action arising out of injuries to a person, caused by the wrongful act or omission of another, shall not abate upon the death of the injured person, and the personal representatives of the decedent may maintain an action against the wrongdoer, if the decedent might …

Claims for relief arising out of injury to or death of a person, caused by the wrongful act or negligence of another, shall not abate upon the death of the wrongdoer, and the injured person or the personal representatives of the one meeting death, as above stated, shall have a cl…

If no probate of the estate of the wrongdoer has been instituted within 60 days from the death of the wrongdoer, the court, upon motion of the injured person, or of the personal representatives of one meeting death, as stated in ORS 30.080, shall appoint an administrator of the e…

In the event of the death of a wrongdoer, as designated in ORS 30.080, while an action is pending, the court, upon motion of the plaintiff, shall cause to be substituted as defendant the personal representative of the wrongdoer, and the action shall continue against such personal…

No person transported by the owner or operator of an aircraft or a watercraft as a guest without payment for such transportation, shall have a cause of action for damages against the owner or operator for injury, death or loss, in case of accident, unless the accident was intenti…

ORS 30.115 shall not relieve a public carrier by aircraft, or any owner or operator of aircraft while the same is being demonstrated to a prospective purchaser, of responsibility for any injuries sustained by a passenger. LIABILITY OF CERTAIN PERSONS PROVIDING MOTOR VEHICLES

(1) Subject to the provisions of this section, a person that lends, rents, donates use of, makes available for test drive or otherwise provides a motor vehicle, as defined in ORS 801.360, to another person is not liable for any injury, death or damage that arises out of the use o…

(1) As used in this section and ORS 30.138, “servicemember” has the meaning given that term in 50 U.S.C. 3911 as in effect on May 8, 2009. (2) An action brought by a servicemember to enforce a right or remedy under 50 U.S.C. 3901 et seq. is not subject to court-ordered arbitratio…

(1) In addition to any other remedy payable to a servicemember for the enforcement of a right under 50 U.S.C. 3901 et seq., a court shall award a servicemember reasonable attorney fees and the amounts specified in subsection (2) of this section if the court finds that written dem…

(1) As used in this section: (a) “Architectural, engineering, photogrammetric mapping, transportation planning or land surveying services” has the meaning given that term in ORS 279C.100. (b) “Construction agreement” means any written agreement for the planning, design, construct…

(1) Except as provided in this section, a provision in a construction agreement is void to the extent that the provision requires a party or the party’s surety or insurer to waive a right of subrogation, indemnity or contribution for amounts paid by reason of death or bodily inju…

(1) An employer who discloses information about a former employee’s job performance to a prospective employer of the former employee upon request of the prospective employer or of the former employee is presumed to be acting in good faith and, unless lack of good faith is shown b…

As used in ORS 30.180 to 30.186: (1) “Customer” means the person in whose name a utility service is provided. (2) “Divert” means to change the intended course or path of the utility service without the authorization or consent of the utility. (3) “Person” means any individual, pa…