type: legislation

jurisdiction: US

text:
Volume : 01 - Courts, Oregon Rules of Civil Procedure
 Chapter 001 - Courts and Judicial Officers Generally
 Section 1.001 - State policy for courts.
 Section 1.002 - Supreme Court; Chief Justice as administrative head of judicial department; rules; presiding judges as administrative heads of courts.
 (a) Make rules and issue orders appropriate to that exercise.
 (b) Require appropriate reports from the judges, other officers and employees of the courts of this state and municipal courts.
 (c) Pursuant to policies approved by the Judicial Conference of the State of Oregon, assign or reassign on a temporary basis all judges of the courts of this state to serve in designated locations within or without the county or judicial district for which the judge was elected.
 (d) Set staffing levels for all courts of the state operating under the Judicial Department and for all operations in the Judicial Department.
 (e) Establish time standards for disposition of cases.
 (f) Establish budgets for the Judicial Department and all courts operating under the Judicial Department.
 (g) Assign or reassign all court staff of courts operating under the Judicial Department.
 (h) Pursuant to policies approved by the Judicial Conference of the State of Oregon, establish personnel rules and policies for judges of courts operating under the Judicial Department.
 (i) Establish procedures for closing courts in emergencies.
 (j) Establish standards for determining when courts are closed for purposes of ORCP 10, ORS 174.120 and other rules and laws that refer to periods of time when courts are closed.
 (k) Take any other action appropriate to the exercise of the powers specified in this section and other law, and appropriate to the exercise of administrative authority and supervision by the Chief Justice over the courts of this state.
 (2) The Chief Justice may make rules for the use of electronic applications in the courts, including but not limited to rules relating to any of the following:
 (a) Applications based on the use of the Internet and other similar technologies.
 (b) The use of an electronic document, or use of an electronic image of a paper document in lieu of the original paper copy, for any record of the courts maintained under ORS 7.095 and for any document, process or paper that is served, delivered, received, filed, entered or retained in any action or proceeding.
 (c) The use of electronic signatures or another form of identification for any document, process or paper that is required by any law or rule to be signed and that is:
 (A) Served, delivered, received, filed, entered or retained in any action or proceeding; or
 (B) Maintained under ORS 7.095.
 (d) The use of electronic transmission for:
 (A) Serving documents in an action or proceeding, other than a summons or an initial complaint or petition;
 (B) Filing documents with a court; and
 (C) Providing certified electronic copies of court documents and other Judicial Department records to another person or public body.
 (e) Payment of statutory or court-ordered monetary obligations through electronic media.
 (f) Electronic storage of court documents.
 (g) Use of electronic citations in lieu of the paper citation forms as allowed under ORS 153.770, including use of electronic citations for parking ordinance violations that are subject to ORS 221.333 or 810.425.
 (h) Public access through electronic means to court documents that are required or authorized to be made available to the public by law.
 (i) Transmission of open court proceedings through electronic media.
 (j) Electronic transmission and electronic signature on documents relating to circuit court jurors under ORS 10.025.
 (3) The Chief Justice may make rules relating to the data that state courts may require parties and other persons to submit for the purpose of distinguishing particular persons from other persons. If the rules require the submission of data that state or federal law does not require that the courts make public, the rules may also require courts to keep the data confidential and not release the data except pursuant to a court order issued for good cause shown. Data that is made confidential under the rules is not subject to disclosure under ORS 192.311 to 192.478.
 (4) Rules adopted by the Chief Justice under subsection (2) of this section must be consistent with the laws governing courts and court procedures, but any person who serves, delivers, receives, files, enters or retains an electronic document, or an electronic image of a paper document in lieu of the original paper copy, in the manner provided by a rule of the Chief Justice under subsection (2) of this section shall be considered to have complied with any rule or law governing service, delivery, reception, filing, entry or retention of a paper document.
 (5) Rules made and orders issued by the Chief Justice under this section shall permit as much variation and flexibility in the administration of the courts of this state as are appropriate to the most efficient manner of administering each court, considering the particular needs and circumstances of the court, and consistent with the sound and efficient administration of the judicial department of government in this state.
 (6)(a) The Chief Justice may establish reasonable fees for the use of the Oregon Judicial Case Information Network, including fees for electronic access to documents.
 (b)(A) Before permanently adopting or increasing fees under this subsection, the Chief Justice shall provide notice to interested persons and allow a reasonable opportunity for comment.
 (B) Before temporarily adopting or increasing fees under this subsection, the Chief Justice shall provide notice to interested persons.
 (C) The Chief Justice shall by order establish a process for notice and comment under this paragraph.
 (c) Fees adopted under this subsection must be reasonably calculated to recover or offset costs of developing, maintaining, supporting or providing access to or use of state court electronic applications and systems.
 (7) The judges, other officers and employees of the courts of this state shall comply with rules made and orders issued by the Chief Justice. Rules and orders of a court of this state, or a judge thereof, relating to the conduct of the business of the court shall be consistent with applicable rules made and orders issued by the Chief Justice.
 (8) The Chief Judge of the Court of Appeals and the presiding judge of each judicial district of this state are the administrative heads of their respective courts. They are responsible and accountable to the Chief Justice of the Supreme Court in the exercise of their administrative authority and supervision over their respective courts. Other judges of the Court of Appeals or court under a presiding judge are responsible and accountable to the Chief Judge or presiding judge, and to the Chief Justice, in respect to exercise by the Chief Justice, Chief Judge or presiding judge of administrative authority and supervision.
 (9) The Chief Justice may delegate the exercise of any of the powers specified by this section to the presiding judge of a court, and may delegate the exercise of any of the administrative powers specified by this section to the State Court Administrator, as may be appropriate.
 (10) This section applies to justices of the peace and the justice courts of this state solely for the purpose of disciplining of justices of the peace and for the purpose of continuing legal education of justices of the peace. [1959 c.552 §1; 1973 c.484 §1; 1981 s.s. c.1 §3; 1995 c.221 §1; 1995 c.781 §2; 1999 c.787 §1; 2001 c.911 §1; 2007 c.129 §1; 2009 c.47 §1; 2009 c.484 §1; 2009 c.885 §37a; 2013 c.2 §3; 2013 c.685 §1; 2014 c.76 §1]
 Section 1.003 - Chief Justice’s powers to appoint Chief Judge and presiding judges; terms; disapproval of appointment.
 (a) The Chief Judge of the Court of Appeals.
 (b) The presiding judge for each judicial district.
 (2) Except as provided in subsection (3) of this section, the term of office of the Chief Judge or presiding judge is two years, commencing on January 1 of each even-numbered year. A judge is eligible for reappointment as Chief Judge or presiding judge.
 (3) If there is a vacancy for any cause in the office of Chief Judge or presiding judge:
 (a) When the vacancy occurs after January 1 of an even-numbered year and before July 1 of the following odd-numbered year, the Chief Justice shall make an appointment for a term expiring December 31 of that odd-numbered year.
 (b) When the vacancy occurs after June 30 of an odd-numbered year and before January 1 of the following even-numbered year, the Chief Justice shall make an appointment for a term expiring December 31 of the odd-numbered year following that even-numbered year.
 (c) The Chief Justice may designate a judge of the Court of Appeals to serve as acting Chief Judge until an appointment is made as provided in this section. The Chief Justice may designate any circuit court judge to serve as acting presiding judge until an appointment is made as provided in this section.
 (4) Before appointing a Chief Judge or presiding judge the Chief Justice shall confer with and seek the advice of the judges of the courts concerned in respect to the appointment.
 (5) The Chief Justice shall give written notice of the judge appointed as Chief Judge or presiding judge to each judge of the court concerned not later than 10 days before the effective date of the appointment. A majority of the judges of the courts concerned may disapprove the appointment by a written resolution signed by each judge disapproving the appointment and submitted to the Chief Justice before the effective date of the appointment. If the appointment is so disapproved, the Chief Justice shall appoint another judge as Chief Judge or presiding judge, and shall notify each judge of the courts concerned as provided in this subsection. If the courts concerned have five or more judges, a second appointment is subject to disapproval, as provided in this subsection, by a majority of the judges of the courts concerned. A third appointment is not subject to disapproval under this subsection. [1981 s.s. c.1 §4; 1995 c.658 §7; 1995 c.781 §3; 2013 c.155 §2]
 Section 1.004 - Supreme Court rules governing coordination of class actions.
 Section 1.005 - Credit card transactions for fees, security deposits, fines and other court-imposed obligations; rules.
 Section 1.006 - Supreme Court rules.
 (2) The Supreme Court may prescribe by rule the manner of filing of pleadings and other papers submitted in civil proceedings with the courts of this state by means of a telephonic facsimile communication device. The manner so prescribed shall be consistent with applicable provisions of law and the Oregon Rules of Civil Procedure. [1959 c.552 §3; 1973 c.630 §1; 1981 s.s. c.1 §19; 1989 c.295 §2]
 Section 1.007 - Judicial Department Revolving Account; uses; sources.
 (2) Moneys in the revolving account may be used for the payment of court expenses for which appropriations are made to the Supreme Court and for which immediate cash payment is necessary or desirable. Moneys in the revolving account may be disbursed by checks issued by or under the authority of the Chief Justice.
 (3) All claims for reimbursement of disbursements from the revolving account shall be approved by the Chief Justice or, as directed by the Chief Justice, the State Court Administrator, and by the Oregon Department of Administrative Services. When claims have been approved, a warrant covering them shall be drawn in favor of the Supreme Court, charged against appropriations to the Supreme Court for court expenses, and used to reimburse the revolving account.
 (4) This section does not authorize the drawing of a warrant against or the disbursement of any appropriation to the Supreme Court for court expenses in excess of the amount, or for a purpose other than, established by or pursuant to law therefor.
 (5) As used in this section, "court expenses" includes expenses of the Supreme Court, Court of Appeals, Oregon Tax Court and State Court Administrator and expenses of the circuit courts required to be paid by the state. [1983 c.737 §1; 1985 c.502 §14]
 Section 1.008 - Personnel plan, fiscal plan and property plan.
 (1) A personnel plan for officers, other than judges, and employees of the courts of this state who are state officers or employees, governing the appointment, promotion, classification, minimum qualifications, compensation, expenses, leave, transfer, layoff, removal, discipline and other incidents of employment of those officers and employees.
 (2) A plan for budgeting, accounting and other fiscal management and control applicable to expenditures made and revenues received by the state in respect to the courts of this state.
 (3) A plan for acquisition, use and disposition of supplies, materials, equipment and other property provided by the state for the use of the courts of this state. [1981 s.s. c.3 §4]
 Section 1.009 - Judicial Department Operating Account.
 (2) All moneys received by the department pursuant to ORS 151.216 (1)(i) shall be deposited in the Judicial Department Operating Account.
 (3) The department may accept gifts, grants or contributions from any source, whether public or private, for deposit in the Judicial Department Operating Account. [2003 c.737 §83]
 Section 1.010 - Powers of courts in administration of court business and proceedings.
 (1) To preserve and enforce order in its immediate presence.
 (2) To enforce order in the proceedings before it, or before a person or body empowered to conduct a judicial investigation under its authority.
 (3) To provide for the orderly conduct of proceedings before it or its officers.
 (4) To compel obedience to its judgments, orders and process, and to the orders of a judge out of court, in an action, suit or proceeding pending therein.
 (5) To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto.
 (6) To compel the attendance of persons to testify in an action, suit or proceeding pending therein, in the cases and manner provided by statute.
 (7) To administer oaths in an action, suit or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers or the performance of its duties. [Amended by 2003 c.576 §267]
 Section 1.012 - State Court Technology Fund.
 (2) All fees received on and after July 1, 2013, for the use of the Oregon Judicial Case Information Network under ORS 1.002 (6) and for the use of other state court electronic applications and systems shall be deposited into the fund.
 (3) The fund consists of the moneys deposited into the fund under subsection (2) of this section, the moneys deposited into the fund under ORS 21.006 and the moneys allocated to the fund under ORS 137.300.
 (4) Moneys in the fund are continuously appropriated to the Judicial Department for the purposes of:
 (a) Developing, maintaining and supporting state court electronic applications, services and systems and for providing access to and use of those applications, services and systems; and
 (b) Providing electronic service and filing services. [2013 c.685 §46; 2014 c.76 §14; 2017 c.712 §6]
 Section 1.020 - Contempt punishment.
 Section 1.025 - Duty of court and court officers to require performance of duties relating to administration of justice; enforcement of duty by mandamus.
 (2) Matters relating to the administration of justice include, but are not limited to, the selection and impaneling of juries, the conduct of trials, the entry and docketing of judgments and all other matters touching the conduct of proceedings in courts of this state.
 (3) The duty imposed by subsection (1) of this section may be enforced by writ of mandamus. [1957 c.565 §1; 1979 c.284 §40]
 Section 1.030 - Seal; form; custody; affixing.
 (a) The Supreme Court and the Court of Appeals.
 (b) Each circuit court and the Oregon Tax Court.
 (c) Each county court.
 (2) The seals shall have the arms of the state engraved in the center, with the following inscription surrounding the same:
 (a) For the Supreme Court, "Supreme Court, State of Oregon."
 (b) For the Court of Appeals, "Court of Appeals, State of Oregon."
 (c) For the circuit court, "Circuit Court, _____County, State of Oregon," inserting the name of the particular county.
 (d) For the Oregon Tax Court, "Oregon Tax Court, State of Oregon."
 (e) For the county court, "County Court, _____County, State of Oregon," inserting the name of the particular county.
 (3) The clerk of the court shall keep the seal, and affix it to any process, transcript, certificate or other paper required by statute. [Amended by 1957 c.246 §1; 1961 c.533 §35; 1969 c.198 §16; 1991 c.790 §1; 1995 c.658 §9]
 Section 1.040 - Sittings of court to be public; when may be private.
 Section 1.050 - Time for decision on submitted questions; certificate of compliance with requirement; penalty for false certificate.
 Section 1.060 - Days for transaction of judicial business; exceptions.
 (2) On any legal holiday in this state no court may be open or transact any judicial business for any purpose except:
 (a) To give instructions to a jury then deliberating upon its verdict;
 (b) To receive the verdict of a jury, or to discharge a jury in case of its inability to agree upon a verdict; or
 (c) For the exercise of the powers of a magistrate in criminal actions or proceedings of a criminal nature.
 (3) Except to the extent provided by the order, a court may not be open or transact judicial business for any purpose when the court is closed by an order of the Chief Justice. [Amended by 1971 c.240 §1; 1973 c.512 §1; 1981 s.s. c.3 §21; 2002 s.s.1 c.10 §7]
 Section 1.070 - When court deemed appointed for next judicial day.
 Section 1.080 - Place of holding court.
 Section 1.085 - Chief Justice to designate principal location for sitting of courts; alternative sites.
 (2) The Chief Justice may designate locations for the sitting of the Supreme Court, Court of Appeals, Oregon Tax Court and each circuit court other than those designated under subsection (1) of this section. Except as provided in subsection (3) of this section, locations designated under this subsection for a circuit court must be in the circuit court’s judicial district.
 (3) The Chief Justice may designate locations in the state for the sitting of circuit courts in the event of an emergency. Locations designated under this subsection need not be in the circuit court’s judicial district. [1983 c.763 §2; 1995 c.658 §10; 2007 c.547 §8]
 Section 1.090 - Trial elsewhere than at usual location on agreement of parties.
 Section 1.110 - Adjournment when judge does not attend.
 Section 1.120 - Proceedings unaffected by vacancy in office.
 Section 1.130 - Power to adjourn proceedings.
 Section 1.140 - Manner of addressing application or proceeding to court or judge.
 Section 1.150 - Proceedings to be in English; foreign language translation; rules and procedures.
 (2) A writing in an action, suit or proceeding in a court of justice of this state, or before a judicial officer, may be submitted in English and accompanied by a translation into a foreign language that is certified by the translator to be an accurate and true translation of the English writing. If the writing requires a signature, either the English or the foreign language writing may be signed.
 (3) If a writing is submitted in English and accompanied by a translation under subsection (2) of this section, a copy of the writing and the translation must be provided to the other parties in the proceeding in the manner provided by the statutes and rules relating to service, notice and discovery of writings in civil and criminal proceedings in courts of justice of this state and before judicial officers.
 (4) The State Court Administrator may establish policies and procedures governing the implementation of subsection (2) of this section.
 (5) Subsection (1) of this section does not prohibit the use of common abbreviations. [Amended by 1995 c.273 §1; 2003 c.14 §2]
 Section 1.160 - Means to carry jurisdiction into effect; adoption of suitable process or mode of proceeding.
 Section 1.165
 Section 1.167
 Section 1.171 - Powers and duties of presiding judge for judicial district.
 (2) The presiding judge, to facilitate exercise of administrative authority and supervision over the circuit court of the district and consistent with applicable provisions of law and the Oregon Rules of Civil Procedure, may:
 (a) Apportion and otherwise regulate the disposition of the judicial business of the circuit court of the judicial district; and
 (b) Make rules, issue orders and take other action appropriate to that exercise.
 (3) The presiding judge may assign actions and proceedings pending before a court to other judges of the judicial district for hearing and disposition. A judge who is assigned an action or proceeding under this subsection shall hear and dispose of the assigned action or proceeding unless the presiding judge withdraws the assignment for good cause shown.
 (4) The presiding judge may delegate the exercise of any of the administrative powers of the presiding judge to another judge of the court or to the trial court administrator for the judicial district. [1995 c.781 §1; 1997 c.801 §146; 2009 c.484 §2]
 Section 1.175 - Docket priorities.
 (1) Specific statutory time limits; and
 (2) The court’s efficient administration of its caseload, giving due consideration to the interests sought to be furthered by according docket priorities to certain actions or proceedings before the court. [1989 c.322 §2]
 Section 1.176 - Capital improvements to county courthouses; plan; report.
 (2) The Chief Justice of the Supreme Court shall prepare a biennial report to the Legislative Assembly that reflects the original budget of projects funded in whole or part with amounts from the State Court Facilities and Security Account, any revisions to those budgets, and the amounts from the account actually expended on those projects. [2011 c.689 §2; 2011 c.597 §312]
 Section 1.177 - State plan for security, emergency preparedness and business continuity for court facilities; Chief Judicial Marshal; deputy judicial marshals.
 (a) State court security, emergency preparedness and business continuity for facilities used by the judges or staff of a court operating under the Judicial Department or the staff of the office of the State Court Administrator; and
 (b) The physical security of the judges or staff of a court operating under the Judicial Department or the staff of the office of the State Court Administrator.
 (2)(a) The Chief Justice may appoint a Chief Judicial Marshal and other deputy judicial marshals charged with:
 (A) Implementing a state plan adopted under subsection (1) of this section;
 (B) Ensuring the physical security and safety of judges of a court operating under the Judicial Department;
 (C) Ensuring the physical security and safety of the staff of a court operating under the Judicial Department, the staff of the office of the State Court Administrator and the public in and around court facilities as defined in ORS 166.360; and
 (D) Ensuring the security of the real and personal property owned, controlled, occupied or used by the Judicial Department.
 (b) Persons appointed as judicial marshals under this section are subject to the personnel rules and policies established by the Chief Justice under ORS 1.002.
 (c) When appointed and duly sworn by the Chief Justice, judicial marshals appointed under this section who are trained pursuant to ORS 181A.540 have the authority given to peace officers of this state for the purposes of carrying out the duties of their employment.
 (d) The Chief Justice may define the duties of judicial marshals appointed under this section.
 (e) Judicial marshals granted the authority of a peace officer under this section who detain any person in accordance with the marshal’s duties retain the authority until the law enforcement agency having general jurisdiction over the area in which the person is detained assumes responsibility for the person.
 (f) Persons appointed as judicial marshals under this section are not police officers for purposes of the Public Employees Retirement System.
 (3) Except as provided in this subsection, a plan adopted under this section and all documents related to development of the plan are confidential and need not be disclosed under the provisions of ORS 192.311 to 192.478. The Chief Justice may authorize the disclosure of all or part of a plan prepared under this section if the Chief Justice determines that the interest of the public would be served by the disclosure and that the disclosure will not impair the integrity of the plan. Records of expenditures for a plan adopted under this section and records of equipment purchased under the plan are not confidential under the provisions of this subsection, and are subject to disclosure as public records under the provisions of ORS 192.311 to 192.478. [2005 c.804 §3; 2012 c.88 §1; 2012 c.107 §104; 2013 c.154 §1]
 Section 1.178 - State Court Facilities and Security Account.
 (2) Expenditures by the State Court Administrator from the State Court Facilities and Security Account shall be made only for the following purposes:
 (a) Developing or implementing the plan for state court security, emergency preparedness, business continuity and physical security adopted under ORS 1.177.
 (b) Statewide training on state court security.
 (c) Distributions to court facilities security accounts maintained under ORS 1.182.
 (d) Capital improvements for courthouses and other state court facilities. [2005 c.804 §4; 2011 c.597 §61; 2012 c.107 §76; 2013 c.154 §§2,3]
 Section 1.180 - Advisory committees on court security and emergency preparedness; plans.
 (2) The presiding judge for a judicial district may appoint an Advisory Committee on Court Security and Emergency Preparedness for the judicial district. A committee appointed under this section shall consist of:
 (a) The sheriff of each county in which a court facility is located;
 (b) The district attorney of each county in which a court facility is located;
 (c) A member of the local governing body of each county in which a court facility is located, or the member’s representative;
 (d) The president of the county bar association, if any, for each county in which a court facility is located, or the president’s representative;
 (e) A justice of the peace from each county in the district in which a justice court is located; and
 (f) The following persons as designated by the presiding judge:
 (A) The trial court administrator for each county in which a court facility is located; and
 (B) A judge from each county in which a court facility is located.
 (3) A committee appointed under this section shall meet at the call of the presiding judge that appointed the committee.
 (4) A committee appointed under this section shall submit to the presiding judge of the judicial district a plan for court security improvement, emergency preparedness and business continuity for each building containing a court facility in the county. The plan shall include capital outlay needs and may include recommendations concerning:
 (a) Security procedures for the transportation and supervision of prisoners for court appearances including, as otherwise allowed by law, the use of video transmission equipment for the appearance of defendants who are in custody;
 (b) Procedures for the secure handling, transportation and disposal of hazardous substances and contraband in court proceedings;
 (c) Emergency alarm systems accessible to all court employees;
 (d) Physical security for judges, justices of the peace, staff and the public;
 (e) Procedures for emergency evacuation of buildings containing court facilities;
 (f) Procedures for identifying court security personnel, including a court security officer to be appointed by the presiding judge, who shall be responsible for:
 (A) The management of the plan;
 (B) A regular security inspection of each building containing a court facility; and
 (C) Regular security training of sheriff department, judicial department and district attorney personnel; and
 (g) Priorities for available court facilities within the building based on the level of security needed.
 (5) The plan may also include:
 (a) An evaluation of how each of the items listed in subsection (4) of this section is being addressed and should be addressed;
 (b) How practices, facilities and equipment falling below appropriate levels are to be improved;
 (c) The anticipated cost of improving practices, facilities and equipment that fall below appropriate levels;
 (d) The funding source for each improvement; and
 (e) The time schedule for implementation of improvements.
 (6) Adoption of a plan under this section is subject to the approval of the presiding judge that appointed the committee. The plan may conclude that court facility security is adequate.
 (7) Implementation of the elements of a plan that have a significant fiscal impact are subject to availability of funding.
 (8) As soon as a plan, revision or amendment is adopted, the presiding judge shall provide the Chief Justice of the Supreme Court with a copy of the plan adopted under this section and any revisions or amendments to the plan. Each plan shall be reviewed and revised or amended as needed, not later than June 30 of each odd-numbered year.
 (9) Except as provided in this subsection, plans prepared under this section are confidential and need not be disclosed under the provisions of ORS 192.311 to 192.478. The presiding judge of a judicial district, with the concurrence of all sheriffs for the counties of the district, may authorize the disclosure of all or part of a plan prepared under this section if the judge determines that the interest of the public would be served by the disclosure and that the disclosure will not impair the integrity of the plan. Records of expenditures for a court security plan and records of equipment purchased under the plan are not confidential under the provisions of this subsection, and are subject to disclosure as public records under the provisions of ORS 192.311 to 192.478. [1993 c.637 §15; 1995 c.658 §124; 1997 c.513 §§1,2; 1997 c.801 §113; 2005 c.804 §1]
 Section 1.182 - Court facilities security accounts; funding; expenditures; reports.
 (a) The moneys in the account and interest upon the account are reserved for the purpose of providing security in buildings that contain state court or justice court facilities other than the Supreme Court, Court of Appeals, Oregon Tax Court or office of the State Court Administrator located within the county.
 (b) Expenditures by the county governing body from the court facilities security account shall be made only for developing or implementing a plan for court security improvement, emergency preparedness and business continuity under ORS 1.180.
 (c) Moneys deposited in the account from distributions under ORS 1.178 and expended under the provisions of this section shall be in addition to any other moneys expended by the county on court facilities security programs and personnel. A county shall not reduce other expenditures on court facilities security programs and personnel by reason of the additional moneys provided from distributions under ORS 1.178.
 (d) The county treasurer may charge against the court facilities security account an administrative fee for the actual costs associated with maintaining the account. The total administrative fees charged each year may not exceed five percent of the moneys received from distributions under ORS 1.178 for that year.
 (e) The county treasurer shall provide to the county governing body, the Advisory Committee on Court Security and Emergency Preparedness and the presiding judge of the judicial district at least quarterly a financial report showing all revenues, deposits and expenditures from the court facilities security account maintained by the county treasurer. The county treasurer may charge against the court facilities security account the actual costs associated with providing financial reports under this paragraph.
 (f) The presiding judge of the judicial district shall provide to the Chief Justice of the Supreme Court a financial report showing all revenues, deposits and expenditures from the court facilities security account for each fiscal year. The report shall be submitted to the Chief Justice not later than August 30 of each year.
 (2) Except as otherwise provided in subsection (3) of this section, a county may not reduce its actual operating expenditures on court facilities security programs and personnel, including funds from all local sources, exclusive of state and federal funds and other short term special funding, below the level of such expenditures in the preceding fiscal year beginning with the 1992-1993 fiscal year.
 (3) A county may reduce the operating expenditures described in subsection (2) of this section if the reduction is in an amount no greater than the average reduction in general fund commitment to all county agencies during the fiscal period. [1993 c.637 §16; 2005 c.804 §2; 2011 c.597 §60]
 Section 1.185 - County to provide courtrooms, offices and jury rooms.
 (a) Provide suitable and sufficient courtrooms, offices and jury rooms for the court, the judges, other officers and employees of the court and juries in attendance upon the court, and provide maintenance and utilities for those courtrooms, offices and jury rooms.
 (b) Pay expenses of the court in the county other than those expenses required by law to be paid by the state.
 (2) Except as provided in subsection (1) of this section, all supplies, materials, equipment and other property necessary for the operation of the circuit courts shall be provided by the state under ORS 1.187. [Formerly 1.165]
 Section 1.187 - State to provide supplies and personal property for courts.
 Section 1.188 - Surcharge on fines for courthouse.
 (a) A violation of a parking ordinance; or
 (b) A traffic offense as defined in ORS 801.555 (2).
 (2) Notwithstanding ORS 137.143, the presiding judge of the judicial district in which a county is located may order that the circuit court for the county impose a surcharge in the amount of $5 on each fine assessed for an offense in the county if:
 (a) The county has received funds, or has legislative authorization to receive funds, for a county courthouse from the proceeds of bonds issued pursuant to Article XI-Q of the Oregon Constitution deposited in the Oregon Courthouse Capital Construction and Improvement Fund established in section 64, chapter 723, Oregon Laws 2013;
 (b) Debt service is owed on any Article XI-Q bonds issued related to the county courthouse;
 (c) Debt service is owed on any bonds issued under ORS 271.390 or ORS chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under section 8, chapter 705, Oregon Laws 2013, in the county imposing the surcharge;
 (d) The board of county commissioners has requested that the presiding judge of the judicial district in which the county is located order the imposition of a surcharge and has identified the purposes for which the surcharge funds would be used; and
 (e) The Chief Justice of the Supreme Court has approved the surcharge.
 (3) The circuit court for the county may not impose a surcharge under this section unless, before July 1 of the calendar year preceding the imposition of the surcharge, the court submits to the State Court Administrator a copy of the order imposing the surcharge. The court may begin imposing the surcharge on fines for offenses occurring on and after January 1 of the calendar year following submission of the order to the State Court Administrator.
 (4) Except as provided in ORS 153.640 and 221.315, the surcharge shall be levied fully if any fine is imposed.
 (5) The surcharge shall be collected by the circuit court for the county and paid to the county for deposit in the account established under ORS 1.189 and used solely for:
 (a) Payment of capital costs of the courthouse project for which bonds are or will be issued under section 8, chapter 705, Oregon Laws 2013, in the county imposing the surcharge; or
 (b) Payment of debt service and related expenses and funding of debt service reserves, if any, for bonds issued under ORS 271.390 or ORS chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under section 8, chapter 705, Oregon Laws 2013, in the county imposing the surcharge. [2016 c.78 §1]
 Section 1.189 - Courthouse surcharge accounts.
 (2) The moneys in the courthouse surcharge account and interest upon the account are reserved for the purposes of:
 (a) Payment of capital costs of the courthouse project for which bonds are or will be issued under section 8, chapter 705, Oregon Laws 2013, in the county imposing the surcharge; or
 (b) Payment of debt service and related expenses and funding of debt service reserves, if any, for bonds issued under ORS 271.390 or ORS chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under section 8, chapter 705, Oregon Laws 2013, in the county imposing the surcharge.
 (3) The county treasurer may charge against the courthouse surcharge account an administrative fee for the actual costs associated with maintaining the account. The total administrative fees charged each year may not exceed five percent of the moneys received from surcharges imposed under ORS 1.188 for that year. [2016 c.78 §2]
 Note: Sections 8 and 9, chapter 705, Oregon Laws 2013, provide:
 Sec. 8. (1) Out of the amount specified in section 1 (6), chapter 705, Oregon Laws 2013, the State Treasurer may issue Article XI-Q bonds in an amount not to exceed $19 million of net proceeds for the purposes specified in subsection (3) of this section, plus an amount estimated by the State Treasurer to pay estimated bond-related costs.
 (2)(a) Bonds may not be issued pursuant to this section or section 10, chapter 685, Oregon Laws 2015, unless:
 (A) The Chief Justice of the Supreme Court has determined that:
 (i) The courthouse with respect to which the bonds will be issued has significant structural defects, including seismic defects, that present actual or potential threats to human health and safety;
 (ii) Replacing the courthouse, whether by acquiring and remodeling or repairing an existing building or by constructing a new building, is more cost-effective than remodeling or repairing the courthouse; and
 (iii) Replacing the courthouse creates an opportunity for colocation of the court with other state offices; and
 (B) The Oregon Department of Administrative Services has approved the project for which the bonds will be issued.
 (b) The Oregon Department of Administrative Services, after consultation with the Judicial Department, shall determine when net proceeds are needed for the purposes described in subsection (3) of this section and shall consult with the Judicial Department regarding the sale of bonds to be issued pursuant to this section.
 (3) The State Treasurer shall deposit the net proceeds of bonds issued pursuant to this section and section 10, chapter 685, Oregon Laws 2015, in the Oregon Courthouse Capital Construction and Improvement Fund. The net proceeds and any interest earnings may be used solely to finance costs related to acquiring, constructing, remodeling, repairing, equipping or furnishing land, improvements, courthouses or portions of courthouses that are, or that upon completion of a project funded under this section will be, owned or operated by the State of Oregon.
 (4) As used in ORS 286A.816 to 286A.826 with respect to this section:
 (a) "Project agency" means the Judicial Department.
 (b) "Project fund" means the Oregon Courthouse Capital Construction and Improvement Fund. [2013 c.705 §8; 2014 c.121 §6; 2016 c.118 §2]
 Sec. 9. (1)(a) Notwithstanding ORS 1.185, a county and the state, acting by and through the Oregon Department of Administrative Services on behalf of the Judicial Department, may enter into interim agreements that provide for the funding, acquisition, development and construction of a courthouse and require the parties to negotiate in good faith and execute a long-term lease agreement or a long-term intergovernmental agreement with respect to the ownership or operation of a courthouse or portions of a courthouse that the county is required to provide under ORS 1.185, pursuant to which the state agrees to provide the property and services described in ORS 1.185 (1)(a).
 (b)(A) An agreement entered into pursuant to this subsection may include a requirement that the county transfer to the Oregon Courthouse Capital Construction and Improvement Fund an amount not less than 50 percent of the total estimated costs of a project funded with bonds issued pursuant to section 8, chapter 705, Oregon Laws 2013, or section 10, chapter 685, Oregon Laws 2015, with respect to the courthouse or portions of a courthouse that are the subject of the agreement.
 (B) The amount transferred by a county pursuant to this paragraph may comprise, singly or in any combination and proportion:
 (i) Property tax revenues, bond proceeds or any other county moneys; and
 (ii) A credit equal to the higher of the appraised value or the actual purchase price of land purchased by the county for the courthouse if the state approves of the land as the site for the courthouse.
 (C) The amount required to be transferred by the county under this subsection may not be less than 75 percent of the total estimated costs unless the project includes colocation in the courthouse of state offices in addition to the state circuit court facilities.
 (2) For purposes of section 8, chapter 705, Oregon Laws 2013, and section 10, chapter 685, Oregon Laws 2015, the state shall be considered to operate a courthouse or portions of a courthouse that are the subject of an agreement entered into pursuant to subsection (1) of this section if, as applicable:
 (a) The lease agreement conveys to the state a full leasehold interest, including exclusive rights to control and use the courthouse or portions of the courthouse that are typical of a long-term lease, for a term that is at least equal to the term during which the bonds issued pursuant to section 8, chapter 705, Oregon Laws 2013, and section 10, chapter 685, Oregon Laws 2015, will remain outstanding.
 (b) The intergovernmental agreement grants the state the exclusive right to control and use the courthouse or portions of the courthouse for a term that is at least equal to the term during which the bonds issued pursuant to section 8, chapter 705, Oregon Laws 2013, and section 10, chapter 685, Oregon Laws 2015, will remain outstanding. [2013 c.705 §9; 2014 c.121 §7; 2016 c.118 §3]
 Note: Section 64, chapter 723, Oregon Laws 2013, provides:
 Sec. 64. (1) The Oregon Courthouse Capital Construction and Improvement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Oregon Courthouse Capital Construction and Improvement Fund shall be credited to the fund.
 (2) The fund consists of moneys deposited in the fund pursuant to section 8, chapter 705, Oregon Laws 2013, and section 10, chapter 685, Oregon Laws 2015, and moneys transferred to the fund by a county pursuant to section 9 (1)(b), chapter 705, Oregon Laws 2013, and may include fees, revenues and other moneys appropriated by the Legislative Assembly for deposit in the fund.
 (3) Moneys in the fund are continuously appropriated to the Judicial Department for:
 (a) The purposes described in section 8 (3), chapter 705, Oregon Laws 2013;
 (b) Payment of the costs incurred by the department to administer the fund; and
 (c) Payment of bond-related costs, as defined in ORS 286A.816. [2013 c.723 §64; 2016 c.118 §4]
 Section 1.194 - Definitions for ORS 1.194 to 1.200.
 (1) "Payment" means an amount of money voluntarily paid by a debtor or an amount of money involuntarily paid by a debtor through offset or garnishment.
 (2) "State court" means a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court. [2001 c.823 §11; 2003 c.14 §3]
 Section 1.195 - Reports on liquidated and delinquent accounts of state courts.
 (a) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the beginning of the fiscal year;
 (b) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the end of the fiscal year;
 (c) The liquidated and delinquent accounts that have been added during the immediately preceding fiscal year;
 (d) The total amount collected on liquidated and delinquent accounts during the immediately preceding fiscal year;
 (e) The total amount and total number of liquidated and delinquent accounts that have been written off during the immediately preceding fiscal year;
 (f) The total amount and total number of liquidated and delinquent accounts that have been assigned for collection, and the collection efforts made for those accounts, during the immediately preceding fiscal year;
 (g) The total amount and total number of liquidated and delinquent accounts that have been turned over to private collection agencies under ORS 1.197 and the total amount that has been collected by those agencies during the immediately preceding fiscal year;
 (h) The total amount and total number of accounts that have ceased to be liquidated and delinquent during the fiscal year for reasons other than having been collected or written off;
 (i) The total number and total amount of all liquidated and delinquent accounts that have been exempted under ORS 1.199;
 (j) A statement indicating whether the reporting state court, commission, department or division in the judicial branch of state government has liquidated and delinquent accounts that are not exempt under ORS 1.198 or 1.199, or are otherwise prohibited or exempted by law from assignment, for which no payment has been received for more than 90 days and that have not been assigned to a private collection agency or to the Department of Revenue under ORS 1.197; and
 (k) Any other information necessary to inform the Legislative Fiscal Office of the status of the liquidated and delinquent accounts of the judicial branch of state government.
 (2) The Legislative Fiscal Office shall include information on the status of the liquidated and delinquent accounts of the judicial branch of state government in the annual report required under ORS 293.229. The information shall be based on the reports submitted under subsection (1) of this section.
 (3) The reports required under subsection (1) of this section may be made by the State Court Administrator on behalf of some or all of the state courts and on behalf of some or all of the commissions, departments and divisions in the judicial branch of state government. [2001 c.823 §12; 2015 c.766 §2a]
 Section 1.196 - Agreement for reciprocal offsets.
 (1) Federal tax refunds of debtors, to be offset against liquidated and delinquent accounts of those debtors resulting from unpaid financial obligations imposed by state courts; and
 (2) Overpayments to state courts, to be offset against federal tax obligations. [2009 c.791 §2]
 Section 1.197 - Assignment of liquidated and delinquent accounts to collection agencies; relinquishment of accounts by collection agencies; collections by Department of Revenue.
 (a) One year from the date the account was liquidated if no payment has been received on the account within that year; or
 (b) One year from the date of receipt of the most recent payment on the account.
 (2) Nothing in subsection (1) of this section prohibits a state court or a commission, department or division in the judicial branch of state government from assigning a liquidated and delinquent account to a private collection agency at any time within the one-year period, or from assigning a liquidated and delinquent account to the Department of Revenue during the one-year period, if that assignment is otherwise allowed by law.
 (3) Nothing in this section prevents a state court or a commission, department or division in the judicial branch of state government from assigning an account to the Department of Revenue for the purpose of seeking an offset against tax refunds or other amounts due the debtor at the time the account is assigned to a private collection agency. A state court and any commission, department or division in the judicial branch of state government that assigns the same account to both the Department of Revenue and a private collection agency shall ensure that both the Department of Revenue and the private collection agency are kept informed of the status of all collections made on the account.
 (4) If a private collection agency is unable to collect on an account assigned under this section, the private collection agency shall notify the state court, commission, department or division that assigned the account that the private collection agency is unable to collect on the account and that the private collection agency will relinquish the account. The private collection agency shall relinquish the account within a reasonable time or within such time as may be set by agreement. A private collection agency that is assigned an account under this section shall be held to the same standard of confidentiality, service and courtesy imposed on a state court in collecting on liquidated and delinquent accounts.
 (5) If a liquidated and delinquent account is assigned to the Department of Revenue as provided in ORS 293.250, the Department of Revenue shall have one year from the date of liquidation, or from the date of receipt of the most recent payment on the account, to collect a payment. If the Department of Revenue does not collect a payment within the one-year period or if one year has elapsed since the date of receipt of the most recent payment on the account, the Department of Revenue shall notify the state court, commission, department or division that assigned the account. The state court, commission, department or division shall then immediately offer assignment of the account to a private collection agency.
 (6) For the purposes of this section, a state court or a commission, department or division in the judicial branch of state government shall be considered to have offered an account for assignment to a private collection agency if:
 (a) The terms of the offer are of a type generally accepted by the collections industry for the type of account to be assigned; and
 (b) The offer is made to a private collection agency that engages in the business of collecting the type of account to be assigned or made generally to private collection agencies through a bid or request for proposal process.
 (7) The offer of assignment of accounts required under this section may be made by the State Court Administrator on behalf of some or all of the state courts and on behalf of some or all of the commissions, departments and divisions in the judicial branch of state government. [2001 c.823 §13]
 Section 1.198 - Exemptions from requirements of ORS 1.197.
 (a) Prohibited by state or federal law or regulation from assignment or collection; or
 (b) Subject to collection through an offset of federal tax refunds pursuant to an agreement entered into under ORS 1.196.
 (2) Notwithstanding ORS 1.197, a state court or a commission, department or division in the judicial branch of state government, acting in its sole discretion, may choose not to offer a liquidated and delinquent account to a private collection agency or to the Department of Revenue if the account:
 (a) Is secured by a consensual security interest in real or personal property;
 (b) Is based on that part of a judgment that requires payment of restitution or a payment to the Crime Victims’ Assistance section of the Criminal Justice Division of the Department of Justice;
 (c) Is in litigation, mediation or arbitration or is subject to a stay in bankruptcy proceedings;
 (d) Is owed by a local or state government or by the federal government;
 (e) Is owed by a debtor who is hospitalized in a state hospital as defined in ORS 162.135 or who receives public assistance as defined in ORS 411.010 or medical assistance as defined in ORS 414.025;
 (f) Consists of moneys for which a district attorney has assumed collection responsibility under ORS 8.680;
 (g) Consists of moneys owed by a person who is incarcerated;
 (h) Is an account that was previously offered to a private collection agency and was refused, or that was previously assigned to a private collection agency and the agency thereafter relinquished the account;
 (i) Is less than $100, including penalties; or
 (j) Would result in loss of federal funding if assigned. [2001 c.823 §14; 2009 c.791 §3; 2013 c.688 §3]
 Section 1.199 - Policies and procedures for exempting accounts from requirements of ORS 1.197 and for ceasing collection efforts.
 (2) The State Court Administrator may establish criteria and standards by which state courts and commissions, departments and divisions in the judicial branch of state government may cease to make collection efforts for specified types of accounts. [2001 c.823 §15]
 Section 1.200 - Effect of ORS 1.194 to 1.200 on authority of judge.
 Section 1.202 - Fee for establishing and administering account for judgment that includes monetary obligation; fee for judgment referred for collection.
 (2) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, that use private collection agencies, the Department of Revenue or an offset of federal tax refunds pursuant to an agreement entered into under ORS 1.196 shall add a fee to any judgment referred for collection that includes a monetary obligation that the state court or the commission, department or division is charged with collecting. A fee to cover the costs of collecting judgments referred to the private collection agency, the Department of Revenue, the United States Financial Management Service or the Internal Revenue Service shall be added to the monetary obligation without further notice to the debtor or further order of the court. The fee may not exceed the actual costs of collecting the judgment.
 (3) The Chief Justice of the Supreme Court may authorize courts to waive or suspend the fees required to be added to judgments under this section. Except to the extent authorized by the Chief Justice, a court may not waive or suspend the fees required to be added to judgments under this section. [2001 c.823 §20; 2007 c.860 §32; 2009 c.484 §3; 2009 c.659 §§34,36; 2009 c.791 §4a; 2011 c.595 §§92,92a]
 Section 1.210 - Judicial officer defined.
 Section 1.212 - Oath of office for judges.
 (2) Except as provided in subsection (3) of this section, before entering upon the duties of a judge of the Court of Appeals, the Oregon Tax Court or a circuit court, a person who is appointed or elected to the office must take and subscribe, and submit to the Secretary of State, an oath in the following form:
 ______________________________________________________________________________
 I, ____________, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a judge of the ______________ (court), according to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been ________ (elected or appointed).
 ______________________________________________________________________________
 (3) Before entering upon the duties of a judge pro tempore of the Court of Appeals, the Oregon Tax Court or a circuit court, a person must take and subscribe, and submit to the Secretary of State, an oath in the following form:
 ______________________________________________________________________________
 I, ____________, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a judge of the ______________ (court), according to the best of my ability.
 ______________________________________________________________________________
 (4) Before entering upon the duties of a senior judge of the State of Oregon, a person must take and subscribe, and submit to the Secretary of State, an oath in the following form:
 ______________________________________________________________________________
 I, ____________, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a senior judge of the State of Oregon, according to the best of my ability.
 ______________________________________________________________________________
 (5) Subsections (3) and (4) of this section do not require that any person take an oath more than once during the term that the person is approved to serve as a senior judge or judge pro tempore, or that a person serving as a senior judge or judge pro tempore take the prescribed oath before each assignment as a judge of the Court of Appeals, Oregon Tax Court or circuit court. Subsection (3) of this section does not require that a judge assigned to serve as judge pro tempore under ORS 1.615 take any additional oath of office. [2003 c.518 §6]
 Section 1.220 - Judicial officer or partner acting as attorney.
 (2) A judicial officer appointed or elected to a full-time position may act as an attorney in an action or proceeding if the judicial officer is an active member of the Oregon State Bar and is either a party to the action or proceeding or the judicial officer has a direct interest in the action or proceeding.
 (3) A judge of a county court or justice court who is an active member of the Oregon State Bar:
 (a) May act as an attorney in a court other than the court in which the judge presides; and
 (b) May not be engaged in the practice of law with an attorney who appears in the court in which the judge presides.
 (4) A judge pro tempore may not preside in an action or proceeding if an attorney who is engaged in the practice of law with the judge appears in the action or proceeding. [Amended by 2007 c.547 §4]
 Section 1.230 - Powers of a judge out of court.
 Section 1.240 - Powers of judicial officers.
 (1) To preserve and enforce order in the immediate presence of the judicial officer, and in the proceedings before the judicial officer, when the judicial officer is performing a duty imposed by statute.
 (2) To compel obedience to the lawful orders of the judicial officer, as provided by statute.
 (3) To compel the attendance of persons to testify in a proceeding pending before the judicial officer in the cases and manner provided by statute.
 (4) To administer oaths in a proceeding pending before the judicial officer, and in all other cases where it may be necessary, in the exercise of the powers and the performance of the duties of the judicial officer.
 Section 1.250 - Punishment for contempt.
 Section 1.260 - Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts; where powers may be exercised.
 (1) To take and certify:
 (a) The proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged.
 (b) The acknowledgment of satisfaction of a judgment in any court.
 (c) An affidavit or deposition to be used in any court of justice or other tribunal of this state.
 (2) To exercise any other power and perform any other duty conferred or imposed upon them by statute. [Amended by 1963 c.423 §1; 1969 c.198 §18]
 Section 1.270 - Powers of other judicial officers; where powers may be exercised.
 (1) Exercise the powers mentioned in ORS 1.260 (1).
 (2) Exercise any other power and perform any other duty conferred or imposed upon the judicial officer by statute.
 Section 1.290 - Leaves of absence.
 (2) Upon receipt of the written application of any judge, the Supreme Court may grant the judge a leave of absence without salary for a period of not more than one year. The Supreme Court may grant a leave of absence only if the court is satisfied that the administration of justice in Oregon will be enhanced by granting the leave. Application for a leave of absence is considered a waiver of salary by the applicant for the period of time the applicant is absent under the leave granted by the court.
 (3) A leave of absence shall be granted by order of the Supreme Court. The order shall state the maximum period of time for which the leave is granted. Promptly after the granting of the leave, the State Court Administrator shall cause a certified copy of the order granting the leave to be sent to the Secretary of State and the Public Employees Retirement Board.
 (4) At the termination of leave of absence under this section, unless the judge sooner dies or resigns, a judge shall resume the duties of office and cause written notice of the resumption to be sent to the Supreme Court, the Secretary of State and the Public Employees Retirement Board. The resumption and sending notice thereof constitutes a termination of the leave whether or not the full maximum period of time granted has expired.
 (5) Absence on leave by a judge under this section does not create a vacancy in the office to which the judge was elected or appointed, nor is the judge subject to removal as a consequence thereof.
 (6) Absence on leave under this section by a judge who is a member of the Public Employees Retirement System under ORS chapter 238 does not break the continuity of the membership of the judge in the system. [1965 c.12 §1; 1969 c.198 §19; 1971 c.193 §8; 1991 c.815 §2]
 Section 1.300 - Senior judge; assignment; duties and powers; compensation and expenses.
 (2) Upon filing with the Secretary of State an oath of office as a senior judge as prescribed in ORS 1.212, a senior judge is eligible for temporary assignment, with the consent of the senior judge, by the Supreme Court to a state court as provided in this subsection, whenever the Supreme Court determines that the assignment is reasonably necessary and will promote the more efficient administration of justice. A senior judge who retired from the Supreme Court may be assigned to any state court. A senior judge who retired from a court other than the Supreme Court may be assigned to any state court other than the Supreme Court.
 (3) The assignment of a senior judge shall be made by an order which shall designate the court to which the judge is assigned and the duration of the assignment. Promptly after assignment of a senior judge under this section, the Supreme Court shall cause a certified copy of the order to be sent to the senior judge and another certified copy to the court to which the judge is assigned.
 (4) Each senior judge assigned as provided in this section has all the judicial powers and duties, while serving under the assignment, of a regularly elected and qualified judge of the court to which the senior judge is assigned. The powers, jurisdiction and judicial authority of the senior judge in respect to any case or matter tried or heard by the senior judge while serving under the assignment shall continue beyond the expiration of the assignment so far as may be necessary to:
 (a) Decide and dispose of any case or matter on trial or held under advisement.
 (b) Hear and decide any motion for a new trial or for a judgment notwithstanding a verdict, or objections to any cost bill, that may be filed in the case.
 (c) Settle a transcript for appeal and grant extensions of time therefor.
 (5) A senior judge assigned as provided in this section shall receive as compensation for each day the senior judge is actually engaged in the performance of duties under the assignment an amount equal to five percent of the gross monthly salary of a regularly elected and qualified judge of the court to which the senior judge is assigned, or one-half of that daily compensation for services of one-half day or less. However, a retired judge shall not receive for services as a senior judge during any calendar year a sum of money which when added to the amount of any judicial retirement pay received by the senior judge for the year exceeds the annual salary of a judge of the court from which the senior judge retired. The compensation shall be paid upon the certificate of the senior judge that the services were performed for the number of days shown in the certificate. Services by a senior judge under an assignment and receipt of compensation for services shall not reduce or otherwise affect the amount of any retirement pay to which the senior judge otherwise would be entitled.
 (6) A senior judge assigned to a court located outside the county in Oregon in which the senior judge regularly resides shall receive, in addition to daily compensation, reimbursement for hotel bills and traveling expenses necessarily incurred in the performance of duties under the assignment. The expenses shall be paid upon presentation of an itemized statement of the expenses, certified by the senior judge to be correct. [1973 c.452 §2; 1975 c.706 §9; 1979 c.56 §1; 1983 c.628 §1; 1987 c.762 §2; 2003 c.518 §7]
 Section 1.303 - Disability of judge; procedures upon receipt by Chief Justice of complaint or information.
 (a) "Judge" means a judge of any court of this state.
 (b) "Subject judge" means a judge whose alleged disability is involved in proceedings under this section or ORS 1.425.
 (c) "Disability" means a physical or mental condition of a judge, including but not limited to impairment derived in whole or in part from habitual or excessive use of intoxicants, drugs or controlled substances, that significantly interferes with the capacity of the judge to perform judicial duties. A disability may be permanent or temporary.
 (2) When the Chief Justice of the Supreme Court receives a complaint as provided in ORS 1.420 (2) or has reliable information that would lead a reasonable person to believe that a judge has a disability, the Chief Justice may:
 (a) Confer with the subject judge in respect to the alleged disability.
 (b) Consult with other judges of the court in which the subject judge serves and other persons who may have knowledge concerning the alleged disability.
 (c) Conduct other inquiry in respect to the alleged disability as the Chief Justice considers appropriate.
 (3) If, after inquiry, and on clear and convincing evidence, the Chief Justice determines that the subject judge has a temporary disability, that informal disposition is appropriate and that the subject judge agrees to informal disposition, the Chief Justice may enter into an informal disposition of the matter with the subject judge. The informal disposition may include agreement by the subject judge to obtain professional counseling, medical treatment or other assistance or to comply with other conditions in respect to the future conduct of the judge. If an informal disposition is entered into, the Chief Justice may grant the subject judge a leave of absence with salary for a period of not more than one year.
 (4) If, after inquiry, and on clear and convincing evidence, the Chief Justice determines that the subject judge has a permanent disability, or that the subject judge has a temporary disability and informal disposition is not appropriate or the subject judge does not agree to informal disposition, the Chief Justice may file a written request for an investigation under ORS 1.310 (2) or a complaint under ORS 1.425, as the Chief Justice considers appropriate.
 (5) When the Chief Justice enters into an informal disposition with a subject judge under subsection (3) of this section, or files a written request or complaint in respect to a subject judge under subsection (4) of this section, or determines that a subject judge does not have a disability, the Chief Justice shall prepare a written summary of the nature of the complaint or information received, the inquiry conducted and the basis for the determination. The Chief Justice shall immediately send a copy of the summary to the Commission on Judicial Fitness and Disability, which shall retain the copy in a file for the subject judge.
 (6) Documents filed with or prepared by the Chief Justice under subsections (2), (3) and (5) of this section shall not be public records unless received as competent evidence in the course of a hearing pursuant to ORS 1.310 (4) or 1.420. [1987 c.520 §1]
 Section 1.305 - Commencement of judicial term of office.
 Section 1.310 - Involuntary retirement of judges for disability; rules.
 (a) "Chief Justice" means the Chief Justice of the Supreme Court of Oregon, except that, if the Chief Justice is the subject judge, then the term "Chief Justice" means the one of the remaining judges of the Supreme Court who has served the longest period of time as a judge of that court.
 (b) "Disability" means physical or mental incapacitation of such a degree as to cause a judge to be unable to discharge the duties of judicial office.
 (c) "Judge" includes any judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court, or any circuit court, of the State of Oregon.
 (d) "Subject judge" means any judge whose alleged disability is involved in proceedings under this section.
 (2) Any judge who becomes disabled may be retired in the manner provided in this section. The Governor, the Chief Justice, the Judicial Conference or the Board of Governors of the Oregon State Bar may file at any time with the Secretary of State a written request for an investigation to determine whether a judge named in the request has a disability. Upon receipt of a request, the Secretary of State shall transmit to the subject judge a certified copy of the request, with a notice to the effect that, unless the judge files a resignation within 45 days after the date of the notice, an investigation will be made to determine whether the judge has a disability. The certified copy and notice shall be served on the subject judge, either by delivering them to the judge in person or by transmitting them by registered mail or by certified mail with return receipt to the judge at the last residence address of the judge as shown in the records of the Secretary of State.
 (3) If the subject judge fails to file a resignation within 45 days after the date of the notice, the Secretary of State, within 10 days after the expiration of that period, shall transmit to the Commission on Judicial Fitness and Disability certified copies of the request and notice, with a certificate to the effect:
 (a) That the Secretary of State served the notice and copy of the request on the subject judge as provided in subsection (2) of this section; and
 (b) That the judge did not file a resignation.
 (4) Upon receipt of the certified copies and certificate referred to in subsection (3) of this section, the commission shall make the requested investigation and, after hearing, determine whether the subject judge has a disability. The commission shall prepare an official record that shall include the testimony taken and the exhibits considered. If the subject judge refuses or is unable to attend, the commission may proceed with the hearing in the absence of the judge.
 (5) If a majority of the members of the commission determines that the subject judge in fact has a disability, the members shall make and sign written findings of fact upon which the determination is made and transmit the findings to the Secretary of State. If no appeal is filed, the office of the judge shall become vacant 10 days after the filing of the findings, and thereupon the Secretary of State shall certify to the Governor the existence of the vacancy. If a majority of the members of the commission does not find that the subject judge has a disability, the members shall sign and file with the Secretary of State a written report to that effect, and thereupon the proceeding shall terminate.
 (6) The commission may prescribe rules of procedure for the conduct of the investigation and fix the time and place of the hearing, giving the subject judge due notice thereof. The fees and mileage allowance of witnesses, including experts, shall be fixed by the commission.
 (7) A judge retired under the provisions of this section may not be appointed as judge pro tempore to serve upon any court of the State of Oregon.
 (8) The subject judge may appeal to the Supreme Court from a determination by the commission that the judge has a disability, by filing a notice with the Secretary of State within 10 days after the date of filing of the written findings of fact by the commission. The Secretary of State shall thereupon notify the commission and the Chief Justice. The commission shall forthwith transmit the official record to the Supreme Court, which upon receipt of the record shall have full jurisdiction of the proceeding.
 (9) The Supreme Court shall review the proceeding de novo on the record with authority to affirm, reverse or annul the determination. Prior to a final determination, remand may also be made to the commission for additional findings of fact. In the event that the Supreme Court reverses or annuls the determination of the commission, the proceeding shall thereupon terminate and notice to that effect shall be filed with the Secretary of State. If the determination of the commission is affirmed, a decision to that effect shall be filed with the Secretary of State and the office of the subject judge shall forthwith become vacant. Thereupon, the Secretary of State shall certify to the Governor the existence of the vacancy. [Amended by 1963 c.488 §1; 1965 c.394 §1; 1969 c.332 §2; 1983 c.740 §2; 1987 c.520 §11; 1991 c.249 §1; 1991 c.815 §3; 2007 c.70 §1; 2009 c.11 §2]
 Section 1.410 - Commission on Judicial Fitness and Disability; term; Senate confirmation.
 (a) Three judges appointed by the Supreme Court;
 (b) Three persons appointed by the Board of Governors of the Oregon State Bar from among persons admitted to practice law in this state; and
 (c) Three persons appointed by the Governor who are not qualified under either paragraph (a) or (b) of this subsection.
 (2) The term of a member is four years, but whenever a member ceases to meet the qualifications under which the member was appointed, membership shall end. Before the expiration of the term of a member, a successor shall be appointed to perform the functions of a member on the day next following expiration of the term of the member. In case of a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for a four-year term.
 (3) Appointments by the Governor are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. [1967 c.294 §2; 1969 c.695 §16; 1971 c.511 §1; 1985 c.565 §2]
 Section 1.415 - Powers and duties of commission; rules.
 (a) Subject to the State Personnel Relations Law, appoint such subordinates and employees as the commission considers necessary to carry out the duties and powers vested in the commission.
 (b) Request the assistance of and compensate physicians, expert witnesses and special counsel.
 (c) By its chairperson or vice chairperson, take and preserve testimony and administer oaths to witnesses on any matter within its jurisdiction.
 (2) Upon majority vote of the members of the commission or upon request of a judge whose conduct is subject to a hearing under ORS 1.420 or a judge whose alleged disability is subject to a hearing under ORS 1.425, the chairperson or vice chairperson of the commission shall issue any processes necessary to compel the attendance of witnesses and the production of any books, papers, records or documents as may be required.
 (3) The commission shall adopt rules of procedure governing proceedings under ORS 1.420 and 1.425. [1967 c.294 §10; 1987 c.520 §4]
 Section 1.420 - Investigation; hearings; consent to discipline; recommendation; temporary suspension.
 (a) The commission may hold a hearing pursuant to subsection (3) of this section to inquire into the conduct of the judge.
 (b) The commission may request the Supreme Court to appoint three qualified persons to act as masters, to hold a hearing pursuant to subsection (3) of this section and maintain a record on the matter referred to them and to report to the commission on the conduct of the judge.
 (c) The commission may allow the judge to execute a consent to censure, suspension or removal. If a consent is entered into under this paragraph, the judge and the commission must enter into a written stipulation of facts. The consent and stipulation of facts shall be submitted by the commission to the Supreme Court.
 (2) If the commission receives a complaint that appears to indicate that a judge has a disability as defined in ORS 1.303, the commission may refer the complaint to the Chief Justice of the Supreme Court for appropriate proceedings under ORS 1.303.
 (3) When a hearing is held by the commission or by masters as authorized in subsection (1) of this section, the hearing shall be public and all the testimony and evidence given and received in the hearing shall be public records. The judge shall have the right to be present at such hearing, to be represented by counsel, to present testimony and evidence and to cross-examine witnesses.
 (4) If, after hearing or after considering the record and report of the masters, the commission finds that the conduct of the judge justifies censure, suspension or removal from office, the commission shall recommend to the Supreme Court the censure or suspension or removal of the judge.
 (5) The Supreme Court by order may temporarily suspend a judge whose conduct is the subject of proceedings under this section from exercising any judicial functions during the pendency of those proceedings. [1967 c.294 §7; 1971 c.511 §3; 1987 c.520 §5; 1997 c.720 §1]
 Section 1.425 - Commission proceedings upon receipt of complaint of disability; hearing; physical examination; disposition.
 (a) Proceed as provided in ORS 1.420; or
 (b) If the investigation under this subsection indicates that the subject judge may have a temporary disability, hold a hearing pursuant to subsection (2) of this section to inquire into the alleged disability, or request the Supreme Court to appoint three qualified persons to act as masters, to hold a hearing pursuant to subsection (2) of this section and maintain a record on the matter referred to them and to report to the commission on the alleged disability.
 (2) When a hearing is held by the commission or by masters as authorized in subsection (1)(b) of this section, the hearing shall not be open to the public unless the subject judge requests a public hearing. The testimony and evidence given and received in the hearing shall not be public records. The subject judge shall have the right to be present at such hearing, to be represented by counsel, to present testimony and evidence and to cross-examine witnesses.
 (3)(a) The commission may direct that a subject judge, prior to a hearing, submit to a physical examination by one, two or three physicians licensed to practice in this state and appointed by the commission to conduct the examination, or submit to a mental evaluation by one, two or three physicians, psychologists or other mental health professionals licensed to practice in this state and appointed by the commission to conduct the evaluation, or submit to both that examination and evaluation. The persons appointed to conduct the examination or evaluation shall report thereon to the commission. A copy of any report to the commission shall be provided by the commission to the subject judge. The costs of the examination, evaluation and reporting shall be paid by the commission.
 (b) If a subject judge directed to submit to an examination or evaluation fails to do so, the judge may not present as evidence in the proceeding the results of any medical examination of the judge done at the instance of the judge, and the commission or masters may consider the failure of the judge to submit to examination or evaluation as evidence that the judge has a disability.
 (4) If, after hearing or after considering the record and report of the masters, the commission finds that the subject judge has a temporary disability, the commission may:
 (a) Enter into a disposition of the matter with the subject judge, which may include agreement by the judge to obtain professional counseling, medical treatment or other assistance or to comply with other conditions in respect to the future conduct of the judge and provide for supervision of compliance by the judge and for investigation, hearing as provided in subsection (2) of this section and, if appropriate, action by the commission as provided in paragraph (b) of this subsection if the judge fails to comply; or
 (b) If the commission also finds that the conduct of the subject judge justifies suspension, recommend to the Supreme Court that the judge be suspended without loss of salary for a period not exceeding one year.
 (5) The Supreme Court, on its own motion or on recommendation by the commission, by order may temporarily suspend a judge whose alleged disability is involved in proceedings under this section from exercising any judicial functions during the pendency of those proceedings.
 (6) If the commission recommends suspension under subsection (4)(b) of this section, the Supreme Court shall review the record of the proceedings under this section on the law and facts and may receive additional evidence and permit argument. The Supreme Court may order the judge suspended without loss of salary for a period not exceeding one year. Upon an order of suspension, the judge shall be suspended from office for the period specified in the order. Suspension does not create a vacancy in the office of judge during the period of suspension. In addition to or in lieu of an order of suspension, the Supreme Court may require that the judge obtain professional counseling, medical treatment or other assistance or comply with other conditions in respect to the future conduct of the judge. [1987 c.520 §3]
 Section 1.430 - Supreme Court review; censure; order of suspension or removal.
 (2) If the commission has agreed to allow the judge to submit a consent to censure, suspension or removal, the Supreme Court shall review the stipulation of facts and the disciplinary action to which the judge has consented. If the Supreme Court approves the consent, the court shall censure the judge or order the judge suspended or removed from office pursuant to the terms of the consent. If the Supreme Court rejects the consent and stipulation in full, the court shall remand the matter to the commission for a hearing under ORS 1.420. The hearing shall be conducted as though the consent and stipulation had never been entered into, and the stipulations made by the judge may not be considered as evidence by the commission in the hearing. If the Supreme Court accepts the stipulation of facts but rejects the disciplinary action agreed to by the judge and the commission, the court may remand the matter to the commission for such further fact-finding as the court may direct on the issue of the appropriate discipline for the conduct, and may request that the matter be briefed and argued before the court. The Supreme Court may thereafter censure the judge, or enter an order suspending or removing the judge, as the court finds appropriate under the law and the facts.
 (3) Upon an order for removal, the judge shall be removed from office and the salary of the judge shall cease and the office of the judge is vacant on the date of such order.
 (4) Upon an order of suspension, the judge shall be suspended from office for the period specified in the order and the salary of the judge shall cease, if so ordered, from the date of the order until the end of the specified period. Suspension does not create a vacancy in the office of judge during the period of suspension. [1967 c.294 §7; 1971 c.511 §3; 1997 c.720 §2]
 Section 1.440 - Status of records of proceedings under ORS 1.420 or 1.425.
 (2) Documents filed and testimony given in proceedings under ORS 1.420 or 1.425 are privileged communications which may not be received in evidence in any judicial proceedings other than those directly connected with the administration of ORS 1.410 to 1.480 unless expressly or impliedly waived by the person tendering the document to or testifying in such proceedings or except in a criminal prosecution for perjury or false swearing before the commission.
 (3) Members of the commission, masters appointed pursuant to ORS 1.420 or 1.425 and staff of the commission shall not disclose or use any investigation, testimony or documents which are not public records as defined in ORS 1.410 to 1.480 for any purpose other than in connection with their official duties in the administration of ORS 1.410 to 1.480. The commission may, upon the request of a judge who has been the subject of a complaint and proceedings thereon that are not public records, state the disposition of the complaint and proceedings and the reasons for its decision when the commission finds that the complaint or proceedings have been publicized and fairness requires such comment. [1967 c.294 §8; 1981 c.354 §2; 1987 c.520 §6; 1997 c.720 §3]
 Section 1.450 - Status of testimony in proceedings under ORS 1.420 or 1.425.
 Section 1.460 - Judge not to participate in proceedings involving self except in defense.
 Section 1.470 - Service of process; proof; return; witness fees.
 (2) Each witness compelled to attend any proceedings under ORS 1.420 or 1.425, other than an officer or employee of the state, a public corporation, or a political subdivision, shall receive for attendance the same fees and mileage allowance allowed by law to a witness in a civil case, payable from funds appropriated to the commission. [1967 c.294 §§11,12; 1973 c.827 §1; 1977 c.877 §1; 1979 c.284 §41; 1987 c.520 §9]
 Section 1.475 - Procedure when process not obeyed.
 (2) The application to the court shall be by ex parte motion upon which the court shall make an order requiring the person against whom it is directed to comply with the demand or request of the commission within three days after service of the order, or within such further time as the court may grant, or to justify the failure within that time.
 (3) The order shall be served upon the person to whom it is directed in the manner required by this state for the service of process, which service is required to confer jurisdiction upon the court. Failure to obey an order issued by the court under this section is contempt of court. [1967 c.294 §13; 1987 c.520 §10]
 Section 1.480 - Officers; quorum; compensation and expenses.
 (2) A majority of the commission constitutes a quorum for the transaction of business. Every recommendation on matters relating to the removal of a judge to the Supreme Court must be concurred in by a majority of the members of the commission.
 (3) A member of the Commission on Judicial Fitness and Disability is entitled to compensation and expenses as provided in ORS 292.495. [1967 c.294 §§4,5; 1969 c.314 §2]
 Section 1.525 - Uniform citation and petition forms for certain offenses.
 (a) A form of uniform violation citation for the purposes of ORS 153.045;
 (b) A form of uniform criminal citation without complaint for the purposes of ORS 133.068;
 (c) A form of uniform criminal citation with complaint for the purposes of ORS 133.069;
 (d) Any form of uniform citation for categories of offenses as the court finds necessary or convenient; and
 (e) A uniform petition for a driving while under the influence of intoxicants diversion agreement for the purposes of ORS 813.210.
 (2) If changes are made to a uniform citation form under this section, the Supreme Court shall make a reasonable effort to minimize the financial impact of the changes on the state agencies and political subdivisions of this state that use the uniform citation form. Where possible, the effort to minimize the financial impact shall include a reasonable time for the state agencies and political subdivisions to exhaust their existing supplies of the citation form before the changes become effective.
 (3) Except as provided in subsection (4) of this section, the uniform citation forms adopted by the Supreme Court under this section must be used by all enforcement officers, as defined in ORS 153.005, when issuing a violation citation or criminal citation.
 (4) The uniform citation forms adopted by the Supreme Court under this section need not be used for:
 (a) Offenses created by ordinance or agency rule governing parking of vehicles; or
 (b) Offenses created by the ordinances of political subdivisions. [1979 c.477 §3; 1981 c.692 §5; 1981 c.803 §1; 1983 c.338 §879; 1985 c.725 §9; 1999 c.1051 §73]
 Section 1.550 - Private counsel for judges.
 Section 1.560 - Procedure for employment of private counsel; terms and conditions.
 (1) When the judge is a defendant in an action, suit or proceeding and there is no other party directly interested in the outcome of the action, suit or proceeding who should fairly bear the cost of representation;
 (2) When the judge is a defendant in an action, suit or proceeding and the State Court Administrator concludes that no party interested in the outcome of the action, suit or proceeding will provide adequate representation for the judge; or
 (3) In any action, suit or proceeding, when the State Court Administrator finds that employing private counsel is necessary to protect the public interest, the integrity of the judicial system, or the interests of the judge in performing duties as a state officer. [1977 c.79 §3; 2007 c.71 §2]
 Section 1.570 - Claims for compensation of private counsel; approval by State Court Administrator.
 Section 1.600 - Appointment pro tempore to Supreme Court or Court of Appeals; powers and duties.
 (2) An appointment under this section shall be made by order of the Supreme Court. The order shall designate the court to which the judge is appointed and the duration of the appointment. The Supreme Court shall cause a certified copy of the order to be sent to the judge appointed and another certified copy to be filed in the records of the court to which the judge is appointed.
 (3) Each judge serving as judge pro tempore as provided in this section has all the judicial powers and duties, while so serving, of a regularly elected and qualified judge of the court to which the judge is appointed. However, a judge pro tempore shall not participate in the review of any case in which the judge pro tempore participated while serving on a lower court. Every decision, order or determination made by the Supreme Court or Court of Appeals while one or more judges pro tempore are serving as judges of the court shall be as binding and effective in every respect as if all of the judges participating were regularly elected and qualified judges of the court. [1975 c.706 §1; 1995 c.781 §5a; 2003 c.518 §8]
 Section 1.605 - Compensation and expenses for judges under ORS 1.600.
 (2) A judge of the Court of Appeals serving as judge pro tempore of the Supreme Court or a judge of the Oregon Tax Court or circuit court serving as judge pro tempore of the Supreme Court or Court of Appeals as provided in ORS 1.600 shall receive during the period of service as judge pro tempore, in addition to regular salary and expenses, the following compensation and expenses:
 (a) An amount equal to the salary for the period of a regularly elected and qualified judge of the court to which the judge is appointed diminished by the amount received by the judge for the period in payment of regular salary as a judge; and
 (b) If the judge is required to travel outside the county where the court of the judge is located, reimbursement for hotel bills and traveling expenses necessarily incurred by the judge in the performance of duties as judge pro tempore.
 (3) The additional compensation and expenses payable under this section shall be paid by the state upon an itemized statement of the compensation and expenses, certified by the judge pro tempore that the services were performed and the expenses were necessarily and actually incurred. [1975 c.706 §2]
 Section 1.615 - Appointment pro tempore to tax court or circuit court; powers and duties.
 (2) It is the duty of a judge assigned under this section to comply with the assignment. A judge assigned under this section is not required to take, subscribe or file any additional oath of office.
 (3) Each judge assigned as provided in this section has all the judicial powers and duties, while serving under the assignment, of a regularly elected and qualified judge of the court to which the judge is assigned. The powers, jurisdiction and judicial authority of the judges in respect to any case or matter tried or heard by the judge while serving under the assignment shall continue beyond the expiration of the assignment so far as may be necessary to:
 (a) Decide and dispose of any case or matter on trial or held under advisement.
 (b) Hear and decide any motion for a new trial or for a judgment notwithstanding a verdict, or objections to any cost bill, that may be filed in the case.
 (c) Settle a transcript for appeal and grant extensions of time therefor. [1975 c.706 §3; 1979 c.56 §2; 1989 c.124 §1; 1995 c.781 §5b]
 Section 1.625 - Compensation and expenses for judges under ORS 1.615.
 (2) A judge assigned as provided in ORS 1.615 outside the county in which the judge regularly serves shall receive reimbursement for hotel bills and traveling expenses necessarily incurred by the judge in the performance of the duties of the judge under the assignment.
 (3) The additional compensation and expenses payable under this section shall be paid by the state upon an itemized statement of the compensation and expenses, certified by the judge pro tempore that the services were performed and the expenses were necessarily and actually incurred. [1975 c.706 §4; 1995 c.658 §11]
 Section 1.635 - Appointment pro tempore of eligible person to tax court or circuit court.
 Section 1.645 - Transfer, challenge, disqualification, supervision of person appointed under ORS 1.635.
 (2) Each judge pro tempore appointed and qualified as provided in ORS 1.635 has all the judicial powers, duties, jurisdiction and authority, while serving under the appointment, of a regularly elected and qualified judge of the court to which the judge pro tempore is appointed or assigned.
 (3) The eligibility, appointment or qualification of an appointee under ORS 1.635, or the right of the appointee to hold the position of judge pro tempore in any particular county or judicial district while serving under the appointment, is subject to challenge only in a direct proceeding instituted for that purpose as provided in ORS 30.510 to 30.640. The proceeding may be instituted in the Supreme Court if it consents to take original jurisdiction thereof.
 (4) A judge pro tempore appointed as provided in ORS 1.635 is subject to disqualification to sit in any case for any of the causes specified in ORS 14.210 or 14.250.
 (5) A judge pro tempore appointed as provided in ORS 1.635 or assigned as provided in subsection (1) of this section to a court with one or more regularly elected and qualified judges on active duty shall be subject to the directions of the regular presiding judge of the court in respect to the assignment of cases and the general administration of the business of the court. [1975 c.706 §6]
 Section 1.655 - Extension and termination of appointment under ORS 1.635; eligibility to appear as attorney.
 (a) Decide and dispose of any case or matter on trial or held under advisement.
 (b) Hear and decide any motion for a new trial or for a judgment notwithstanding a verdict, or objections to any cost bill, that may be filed in the case.
 (c) Settle a transcript for appeal and grant extensions of time therefor.
 (2) The Supreme Court at any time by order may:
 (a) Extend the term of appointment of a judge pro tempore appointed as provided in ORS 1.635.
 (b) Terminate the term of appointment of a judge pro tempore appointed as provided in ORS 1.635 as of a date specified in the order; but termination does not affect the validity of any judgment, order or other action of the judge pro tempore prior to the effective date of the termination.
 (3) A judge pro tempore of a circuit court appointed as provided in ORS 1.635 is not eligible to appear as attorney in that court in any case tried by a jury during the time the judge pro tempore served as judge pro tempore. [1975 c.706 §7; 2003 c.576 §268; 2015 c.212 §11]
 Section 1.665 - Compensation and expenses of persons appointed under ORS 1.635.
 (2) A judge pro tempore appointed as provided in ORS 1.635 or assigned as provided in ORS 1.645 to serve outside the county in which the judge pro tempore resides or maintains an office shall receive, in addition to daily compensation, if any, reimbursement for hotel bills and traveling expenses necessarily incurred by the judge pro tempore in the performance of duties as judge pro tempore. The expenses shall be paid upon an itemized statement of the expenses, certified by the judge pro tempore that the expenses were necessarily and actually incurred, in the same manner as like expenses of regularly elected and qualified judges are paid. [1975 c.706 §8; 1981 c.65 §1]
 Section 1.675 - Judge pro tempore ineligible to participate in selection or removal of Chief Justice, Chief Judge or presiding judge.
 Section 1.725 - Legislative findings.
 (1) Oregon laws relating to civil procedure designed for the benefit of litigants which meet the needs of the court system and the bar are necessary to assure prompt and efficient administration of justice in the courts of the state.
 (2) No coordinated system of continuing review of the Oregon laws relating to civil procedure now exists.
 (3) Development of a system of continuing review of the Oregon laws relating to civil procedure requires the creation of a Council on Court Procedures.
 (4) A Council on Court Procedures will be able to review the Oregon laws relating to civil procedure and coordinate and study proposals concerning the Oregon laws relating to civil procedure advanced by all interested persons. [1977 c.890 §1]
 Section 1.730 - Council on Court Procedures; membership; terms; rules; meetings; expenses of members.
 (a) One judge of the Supreme Court, chosen by the Supreme Court.
 (b) One judge of the Court of Appeals, chosen by the Court of Appeals.
 (c) Eight judges of the circuit court, chosen by the Executive Committee of the Circuit Judges Association.
 (d) Twelve members of the Oregon State Bar, appointed by the Board of Governors of the Oregon State Bar. The Board of Governors, in making the appointments referred to in this paragraph, shall include but not be limited to appointments from members of the bar active in civil trial practice, to the end that the lawyer members of the council shall be broadly representative of the trial bar and the regions of the state.
 (e) One public member, chosen by the Supreme Court.
 (2)(a) A quorum of the council shall be constituted by a majority of the members of the council. If a quorum is present, an affirmative vote by a majority of the members of the council who are present is required for action by the council on all matters other than promulgation of rules under ORS 1.735. An affirmative vote of fifteen members of the council shall be required to promulgate rules pursuant to ORS 1.735.
 (b) The council shall adopt rules of procedure and shall choose, from among its membership, annually, a chairperson to preside over the meetings of the council.
 (3)(a) All meetings of the council shall be held in compliance with the provisions of ORS 192.610 to 192.690.
 (b) In addition to the requirements imposed by paragraph (a) of this subsection, with respect to the public hearings required by ORS 1.740 and with respect to any meeting at which final action will be taken on the promulgation, amendment or repeal of a rule under ORS 1.735, the council shall cause to be published or distributed to all members of the bar, at least two weeks before such hearing or meeting, a notice which shall include the time and place and a description of the substance of the agenda of the hearing or meeting.
 (c) The council shall make available upon request a copy of any rule which it proposes to promulgate, amend or repeal.
 (4) Members of the Council on Court Procedures shall serve for terms of four years and shall be eligible for reappointment to one additional term, provided that, where an appointing authority has more than one vacancy to fill, the length of the initial term shall be fixed at either two or four years by that authority to accomplish staggered expiration dates of the terms to be filled. Vacancies occurring shall be filled by the appointing authority for the unexpired term.
 (5) Members of the Council on Court Procedures shall not receive compensation for their services but may receive actual and necessary travel or other expenses incurred in the performance of their official duties as members of the council, as provided in ORS 292.210 to 292.288. [1977 c.890 §2; 1981 c.545 §1; 1993 c.772 §1; 1995 c.658 §12; 1997 c.137 §§1,2; 2003 c.110 §2; 2007 c.65 §1]
 Section 1.735 - Rules of procedure; limitation on scope and substance; submission of rules to members of bar and Legislative Assembly.
 (2) A promulgation, amendment or repeal of a rule by the council is invalid and does not become effective unless the exact language of the proposed promulgation, amendment or repeal is published or distributed to all members of the bar at least 30 days before the meeting at which the council plans to take final action on the promulgation, amendment or repeal. If the language of the proposed promulgation, amendment or repeal is changed by the council after consideration of the language at the meeting, the council must publish or distribute notification of the change to all members of the bar within 60 days after the meeting. All changes made to proposed promulgations, amendments or repeals of rules pursuant to the provisions of this subsection must be clearly identified when the promulgation, amendment or repeal is submitted to the Legislative Assembly under subsection (1) of this section. [1977 c.890 §3; 1979 c.284 §1; 1983 c.751 §6; 1993 c.772 §2; 2003 c.110 §1; 2011 c.545 §27]
 Section 1.740 - Employment of staff; public hearings.
 (1) May employ or contract with any person or persons, as the council considers necessary, to assist the council; and
 (2) Shall endeavor to hold at least one public hearing in each of the congressional districts of the state during the period between odd-numbered year regular sessions of the Legislative Assembly. [1977 c.890 §4; 1993 c.772 §3; 2011 c.545 §69]
 Section 1.745 - Laws on civil pleading, practice and procedure deemed rules of court until changed.
 Section 1.750 - Legislative Counsel to publish rules.
 Section 1.755 - Gifts, grants and donations; Council on Court Procedures Account.
 (2) The Council on Court Procedures Account is established separate and distinct from the General Fund. All moneys received by the council, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the council to carry out the duties, functions and powers of the council. [1995 c.61 §3; reenacted by 1997 c.196 §3; 2001 c.716 §20]
 Section 1.760 - Legislative advisory committee.
 (2) Upon the request of the chairperson of a legislative committee considering legislation that proposes changes to the Oregon Rules of Civil Procedure, the legislative advisory committee established under this section shall provide technical analysis and advice to the legislative committee. Analysis and advice shall be by a majority vote of the legislative advisory committee. The committee shall consult with and consider comments from the full Council on Court Procedures to the extent possible. Analysis and advice under this subsection must be provided within 10 days after the request from the chairperson of a legislative committee.
 (3) The legislative advisory committee established under this section may vote to take a position on behalf of the Council on Court Procedures on proposed legislation. If the legislative advisory committee has voted to take a position on behalf of the council, the committee shall so indicate to the legislative committee.
 (4) Members of the legislative advisory committee established under this section may meet by telephone and may vote by telephone. Meetings of the committee are not subject to ORS 192.610 to 192.690.
 (5) Members of the legislative advisory committee established under this section may appear before legislative committees for the purpose of testifying on legislation that proposes changes to the Oregon Rules of Civil Procedure. [1995 c.455 §8]
 Section 1.810 - Judicial conference; membership; officers.
 Section 1.820 - Function of conference.
 Section 1.830 - Meetings.
 Section 1.840 - Annual report.
 Section 1.851 - Local criminal justice advisory councils.
 (a) The presiding judge;
 (b) The district attorney;
 (c) The local correctional administrator;
 (d) Public defense service providers;
 (e) The county bar association;
 (f) Local law enforcement; and
 (g) State law enforcement.
 (2) In addition to the persons listed in subsection (1) of this section, the judge may invite the participation of any other persons involved in the criminal justice system whose participation would be of benefit.
 (3) The local criminal justice advisory council shall meet regularly to consider and address methods of coordinating court, public defense and related services and resources in the most efficient and cost-effective manner that complies with the constitutional and statutory mandates and responsibilities of all participants.
 (4) To assist the council in these efforts, council participants shall provide the council with proposed budget information and caseload and workload projections. [1993 c.481 §1; 2001 c.962 §100]
 Section 1.855 - State Court Administrator to establish registry of justice and municipal courts.
 (2) Upon creation of a justice court, the county in which the justice court is established shall give notice to the State Court Administrator of the boundaries of the justice court district. The county shall also provide to the State Court Administrator the name of each justice of the peace, the term of each justice of the peace and the mailing address for the justice court. Upon modification or dissolution of a justice court district, the county shall promptly notify the State Court Administrator of the modification or dissolution.
 (3) Upon creation of a municipal court, the city establishing the municipal court shall give notice to the State Court Administrator that the court has been created. The city shall also provide to the State Court Administrator the name of each municipal judge elected or appointed to the court, the term of each municipal judge elected or appointed and the mailing address for the municipal court. Upon ceasing to operate a municipal court, the city shall promptly notify the State Court Administrator that the municipal court is no longer in operation. [2001 c.761 §1]
 Section 1.860 - Reports relating to municipal courts and justice courts.
 (2) The reports required by this section must be made not later than October 1 of each even-numbered year. The Legislative Fiscal Officer may specify the manner in which the reports are made. The Legislative Fiscal Officer shall provide a summary of the information provided under this section to the Joint Committee on Ways and Means upon the convening of the next odd-numbered year regular session of the Legislative Assembly. Copies of the summary shall be provided to the League of Oregon Cities and the Association of Oregon Counties. [2012 c.107 §86]
 Chapter 002 - Supreme Court; Court of Appeals
 Section 2.010 - Number of judges of Supreme Court.
 Section 2.020 - Qualifications of judges.
 (2) All persons elected judges of the Supreme Court must, at time of their election, have been admitted to practice in the Supreme Court of Oregon.
 Section 2.040 - Position number of judges.
 Section 2.045 - Chief Justice.
 (2) The Chief Justice may be removed from the office of Chief Justice by vote of a majority of the judges of the court when the Chief Justice fails to perform adequately the functions of the office.
 (3) The term of office of the Chief Justice is six years, commencing on the date of selection. The term of office of the Chief Justice is not interrupted by expiration of the term of the Chief Justice as a judge of the court if the judge is elected judge of the court for a succeeding term. A judge may be selected as Chief Justice for successive terms of the office of Chief Justice.
 (4) If there is a vacancy for any cause in the office of Chief Justice, a successor Chief Justice shall be selected by vote of a majority of the judges of the court.
 (5) The Chief Justice may designate another judge of the court to perform the functions of the office of Chief Justice when the Chief Justice is temporarily unable to perform those functions. [1959 c.384 §2 (enacted in lieu of 2.050); 1981 s.s. c.1 §1]
 Section 2.100 - Quorum.
 Section 2.111 - Departments of court; sitting in departments or en banc; participation in decision of matter.
 (2) A department shall consist of not less than three nor more than five judges. For convenience of administration, each department may be numbered. The Chief Justice shall from time to time designate the number of departments and make assignments of the judges among the departments. The Chief Justice may sit in one or more of the departments and when so sitting may preside. The Chief Justice shall designate a judge to preside in each department.
 (3) The majority of any department shall consist of regularly elected and qualified judges of the Supreme Court.
 (4) The Chief Justice shall apportion the business to the departments. Each department shall have power to hear and determine causes and all questions which may arise therein, subject to subsection (5) of this section. The presence of three judges is necessary to transact business in any department, except such as may be done in chambers by any judge. The concurrence of three judges is necessary to pronounce a judgment.
 (5) The Chief Justice or a majority of the regularly elected and qualified judges of the Supreme Court at any time may refer a cause to be considered en banc. When sitting en banc, the court may include not more than two judges pro tempore of the Supreme Court. When the court sits en banc, the concurrence of a majority of the judges participating is necessary to pronounce a judgment, but if the judges participating are equally divided in their views as to the judgment to be given, the decision being reviewed shall be affirmed.
 (6) The Chief Justice may rule on motions and issue orders in procedural matters in the Supreme Court.
 (7) A judge or judge pro tempore of the Supreme Court may participate in the decision of the matter without resubmission of the cause even though the judge is not present for oral argument on the matter.
 (8) A judge or judge pro tempore of the Supreme Court may participate in the decision of a matter without resubmission of the cause in the following circumstances:
 (a) The judge was appointed or elected to the Supreme Court after submission of the cause.
 (b) The judge is participating in the decision of a cause that was submitted to a department, and the judge is participating in lieu of a judge of the department who died, became disabled, was disqualified or was otherwise unable to participate in the decision of a cause submitted to the department.
 (c) The judge is considering a cause en banc, but the judge was not part of the department that originally considered the cause. [1959 c.44 §5 (enacted in lieu of 2.110); 1995 c.273 §24; 1999 c.659 §1]
 Section 2.120 - Rules, generally.
 Section 2.130 - Rules governing original jurisdiction.
 Section 2.141 - Filing of court decisions.
 Section 2.150 - Publication and distribution of court decisions and other official documents.
 (2) The bound volumes of reports or advance sheets or both may be printed and bound, as the Supreme Court shall determine, by:
 (a) The Oregon Department of Administrative Services in the same manner as other state printing; or
 (b) A private printer pursuant to a contract entered into by the Supreme Court with the printer and not subject to ORS 282.020.
 (3) The bound volumes of reports or advance sheets or both may be distributed, as the Supreme Court shall determine, by:
 (a) The State Court Administrator; or
 (b) A private distributor pursuant to a contract entered into by the Supreme Court with the distributor.
 (4) The bound volumes of reports and advance sheets shall be distributed without charge as determined by the Supreme Court or sold by the distributor. Except as otherwise provided in a contract entered into under subsection (3)(b) of this section, the State Court Administrator shall determine sale prices and all moneys collected or received from sales shall be paid into the Court Publications Account established by ORS 2.165.
 (5) In addition to bound volumes of reports or advance sheets under the provisions of this section, the Supreme Court may make any of the decisions of courts or other court publications available in electronic format. Access to the electronic publications may be without charge or subject to such charge as may be established by the Supreme Court. All moneys collected or received from sales shall be paid into the Court Publications Account established by ORS 2.165. [Amended by 1961 c.103 §1; 1973 c.781 §2; 1975 c.69 §5; 1979 c.876 §2; 1982 s.s.1 c.7 §1; 1987 c.328 §1; 1993 c.98 §10; 1995 c.79 §2; 1997 c.801 §111]
 Section 2.165 - Court Publications Account.
 Section 2.350
 Section 2.510 - Court of Appeals.
 Section 2.516 - Jurisdiction of all appeals exclusive; exceptions.
 Section 2.520 - Procedure for review of decisions of Court of Appeals.
 Section 2.540 - Number of judges of Court of Appeals; qualifications; term.
 (2) A judge of the Court of Appeals shall be an elector of the county of the residence of the judge and be admitted to the practice of law in this state.
 (3) Each judge of the Court of Appeals shall hold office for a term of six years and until a successor is elected and qualified. [1969 c.198 §4; 1973 c.377 §1; 1977 c.451 §1; 2012 c.87 §1]
 Section 2.550 - Chief Judge.
 (2) The Chief Judge may designate another judge of the court to perform the functions of the office of Chief Judge when the Chief Judge is temporarily unable to perform those functions.
 (3) The Chief Judge, to facilitate exercise of administrative authority and supervision over the court and consistent with applicable provisions of law, may make rules, issue orders and take other action appropriate to that exercise. [1969 c.198 §5; 1981 s.s. c.1 §7]
 Section 2.560 - Rules; where court sits; appellate settlement program; fees.
 (2) The Court of Appeals may make and enforce all rules necessary for the prompt and orderly dispatch of the business of the court, and the remanding of causes to the lower courts, and not inconsistent with applicable rules made or orders issued by the Chief Justice of the Supreme Court or the Chief Judge of the Court of Appeals.
 (3) The Court of Appeals shall establish an appellate settlement program and adopt and enforce all rules necessary for the prompt and orderly dispatch of the business of the program.
 (4) Rules adopted by the Court of Appeals under subsection (3) of this section shall establish fees payable for services provided under the program. [1969 c.198 §7; 1971 c.193 §7; 1973 c.484 §2; 1981 s.s. c.1 §20; 1983 c.763 §4; 1997 c.801 §87; 2011 c.595 §85; 2012 c.48 §5]
 Section 2.570 - Departments of court; sitting in departments or en banc; participation in decision of matter.
 (2)(a) Except as provided in paragraph (b) of this subsection, a department shall consist of three judges. For convenience of administration, each department may be numbered. The Chief Judge shall from time to time designate the number of departments and make assignments of the judges among the departments. The Chief Judge may sit in one or more departments and when so sitting may preside. The Chief Judge shall designate a judge to preside in each department.
 (b) The Chief Judge may order that a department consist of two judges unless a third judge is necessary to break a tie vote by the department.
 (3) Except as provided in this subsection, the majority of any department shall consist of regularly elected or appointed judges of the Court of Appeals. If disqualifications, recusals or other events reduce the number of available judges to fewer than the necessary number of judges, the Supreme Court may appoint such number of qualified persons as may be necessary as pro tempore members of the Court of Appeals.
 (4) The Chief Judge shall apportion the business of the court between the departments. Each department shall have power to hear and determine causes, and all questions that may arise therein, subject to subsection (5) of this section. The presence of two judges is necessary to transact business in any department, except such business as may be transacted in chambers by any judge. The concurrence of two judges is necessary to pronounce judgment.
 (5) The Chief Judge or a majority of the regularly elected or appointed judges of the Court of Appeals at any time may refer a cause to be considered en banc. When sitting en banc, the court may include not more than two judges pro tempore of the Court of Appeals. When the court sits en banc, the concurrence of a majority of the judges participating is necessary to pronounce judgment, but if the judges participating are equally divided in their view as to the judgment to be given, the judgment appealed from shall be affirmed.
 (6) The Chief Judge may rule on motions and issue orders in procedural matters in the Court of Appeals or may delegate the authority to rule on motions and issue orders in procedural matters to an appellate commissioner as provided for in the court’s rules of appellate procedure.
 (7) A judge or judge pro tempore of the Court of Appeals may participate in the decision of the matter without resubmission of the cause even though the judge is not present for oral argument on the matter.
 (8) A judge or judge pro tempore of the Court of Appeals may participate in the decision of a matter without resubmission of the cause in the following circumstances:
 (a) The judge was appointed or elected to the Court of Appeals after submission of the cause.
 (b) The judge is participating in the decision of a cause that was submitted to a department, and the judge is participating in lieu of a judge of the department who has died, become disabled, is disqualified or is otherwise unable to participate in the decision of a cause submitted to the department.
 (c) The judge is considering a cause en banc, but the judge was not part of the department that originally considered the cause. [1969 c.198 §6; 1973 c.108 §1; 1985 c.734 §1; 1989 c.124 §3; 1999 c.59 §2; 1999 c.659 §2; 2003 c.14 §5; 2007 c.547 §13; 2009 c.231 §1]
 Section 2.580
 Section 2.590 - Expenses for judges when away from state capital.
 Section 2.700 - Liability of persons providing dispute resolution services.
 Chapter 003 - Circuit Courts Generally
 Section 3.012 - Judicial districts.
 (a) The first judicial district consists of Jackson County and has nine judges.
 (b) The second judicial district consists of Lane County and has 15 judges.
 (c) The third judicial district consists of Marion County and has 14 judges.
 (d) The fourth judicial district consists of Multnomah County and has 38 judges.
 (e) The fifth judicial district consists of Clackamas County and has 11 judges.
 (f) The sixth judicial district consists of the counties of Morrow and Umatilla and has five judges.
 (g) The seventh judicial district consists of the counties of Gilliam, Hood River, Sherman, Wasco and Wheeler and has four judges.
 (h) The eighth judicial district consists of Baker County and has one judge.
 (i) The ninth judicial district consists of Malheur County and has two judges.
 (j) The tenth judicial district consists of the counties of Union and Wallowa and has two judges.
 (k) The eleventh judicial district consists of Deschutes County and has seven judges.
 (L) The twelfth judicial district consists of Polk County and has three judges.
 (m) The thirteenth judicial district consists of Klamath County and has five judges.
 (n) The fourteenth judicial district consists of Josephine County and has four judges.
 (o) The fifteenth judicial district consists of the counties of Coos and Curry and has six judges.
 (p) The sixteenth judicial district consists of Douglas County and has five judges.
 (q) The seventeenth judicial district consists of Lincoln County and has three judges.
 (r) The eighteenth judicial district consists of Clatsop County and has three judges.
 (s) The nineteenth judicial district consists of Columbia County and has three judges.
 (t) The twentieth judicial district consists of Washington County and has 14 judges.
 (u) The twenty-first judicial district consists of Benton County and has three judges.
 (v) The twenty-second judicial district consists of the counties of Crook and Jefferson and has three judges.
 (w) The twenty-third judicial district consists of Linn County and has five judges.
 (x) The twenty-fourth judicial district consists of the counties of Grant and Harney and has one judge.
 (y) The twenty-fifth judicial district consists of Yamhill County and has four judges.
 (z) The twenty-sixth judicial district consists of Lake County and has one judge.
 (aa) The twenty-seventh judicial district consists of Tillamook County and has two judges.
 (2) The Secretary of State shall designate position numbers equal to the number of judges in each of the judicial districts established by this section. The positions shall reflect any qualifications established by ORS 3.041. [1997 c.801 §2 (enacted in lieu of 3.011); 1997 c.801 §2a; 2001 c.779 §1; 2001 c.823 §1; 2005 c.800 §1]
 Note: The amendments to 3.012 by section 1, chapter 631, Oregon Laws 2017, become operative on January 7, 2019, except that the provisions for new circuit court judges are operative on August 2, 2017, for the purposes of nominating and electing new judges in 2017 and 2018 to assume the duties of the office on January 7, 2019. See section 2, chapter 631, Oregon Laws 2017. The text that is operative on and after January 7, 2019, is set forth for the user’s convenience.
 (1) The judicial districts, the counties constituting the judicial districts and the number of circuit court judges for each judicial district are as follows:
 (a) The first judicial district consists of Jackson County and has nine judges.
 (b) The second judicial district consists of Lane County and has 15 judges.
 (c) The third judicial district consists of Marion County and has 14 judges.
 (d) The fourth judicial district consists of Multnomah County and has 38 judges.
 (e) The fifth judicial district consists of Clackamas County and has 11 judges.
 (f) The sixth judicial district consists of the counties of Morrow and Umatilla and has five judges.
 (g) The seventh judicial district consists of the counties of Gilliam, Hood River, Sherman, Wasco and Wheeler and has four judges.
 (h) The eighth judicial district consists of Baker County and has one judge.
 (i) The ninth judicial district consists of Malheur County and has two judges.
 (j) The tenth judicial district consists of the counties of Union and Wallowa and has two judges.
 (k) The eleventh judicial district consists of Deschutes County and has seven judges.
 (L) The twelfth judicial district consists of Polk County and has three judges.
 (m) The thirteenth judicial district consists of Klamath County and has five judges.
 (n) The fourteenth judicial district consists of Josephine County and has five judges.
 (o) The fifteenth judicial district consists of the counties of Coos and Curry and has six judges.
 (p) The sixteenth judicial district consists of Douglas County and has five judges.
 (q) The seventeenth judicial district consists of Lincoln County and has three judges.
 (r) The eighteenth judicial district consists of Clatsop County and has three judges.
 (s) The nineteenth judicial district consists of Columbia County and has three judges.
 (t) The twentieth judicial district consists of Washington County and has 15 judges.
 (u) The twenty-first judicial district consists of Benton County and has three judges.
 (v) The twenty-second judicial district consists of the counties of Crook and Jefferson and has three judges.
 (w) The twenty-third judicial district consists of Linn County and has five judges.
 (x) The twenty-fourth judicial district consists of the counties of Grant and Harney and has one judge.
 (y) The twenty-fifth judicial district consists of Yamhill County and has four judges.
 (z) The twenty-sixth judicial district consists of Lake County and has one judge.
 (aa) The twenty-seventh judicial district consists of Tillamook County and has two judges.
 (2) The Secretary of State shall designate position numbers equal to the number of judges in each of the judicial districts established by this section. The positions shall reflect any qualifications established by ORS 3.041.
 Section 3.013 - State as single judicial district.
 Section 3.014 - Special provisions for fourth judicial district (Multnomah County).
 (2) A proceeding to be conducted in Gresham as provided in subsection (1) of this section shall be transferred without further order of the court to a court facility in Portland for all purposes if:
 (a) The accused person is in the custody of a county sheriff or the Department of Corrections at the time set for any scheduled proceeding; or
 (b) A circuit court in the fourth judicial district issues a bench warrant or a warrant of arrest against the accused for any criminal action pending before the court.
 (3) Multnomah County shall provide facilities in the City of Gresham for a court judge to hold court as described under subsection (1) of this section. [Formerly 46.010; 2005 c.275 §1]
 Section 3.016 - Special provisions for sixth judicial district (Morrow and Umatilla Counties).
 Section 3.030 - Election of circuit judges.
 Section 3.041 - Qualifications of circuit judges; residence.
 (2) Each judge of the circuit court shall be a resident of or have principal office in the judicial district for which the judge is elected or appointed, except that in any judicial district having a population of 500,000 or more, according to the latest federal decennial census, any judge of the circuit court may reside within 10 miles of the boundary of the judicial district.
 (3) In the seventh judicial district, two of the judges of the circuit court shall be residents of or have principal offices in Wasco County, Sherman County, Gilliam County or Wheeler County and two shall be residents of or have principal offices in Hood River County, Sherman County, Gilliam County or Wheeler County.
 (4) In the fifteenth judicial district, four of the judges of the circuit court shall be residents of or have principal offices in Coos County and two shall be residents of or have principal offices in Curry County.
 (5) The residence within this state required by subsection (1) of this section shall have been maintained for at least three years, and the residence or principal office required by subsections (2) to (4) of this section shall have been maintained for at least one year, immediately prior to appointment or becoming a candidate for election to the office of circuit court judge. [1961 c.724 §2; 1963 c.491 §6; 1965 c.510 §2; 1965 c.618 §4; 1967 c.532 §3; 1967 c.533 §7; 1971 c.777 §2; 1973 c.572 §2; 1977 c.386 §4; 1979 c.568 §15; 1981 c.759 §8; 1985 c.65 §2; 1985 c.311 §3; 1995 c.79 §3; 1995 c.658 §6a; 1997 c.801 §6; 2001 c.779 §2]
 Section 3.050 - Circuit judges to be members of bar.
 Section 3.060 - Salary of judges; expenses.
 Section 3.070 - Powers of judges in chambers; filing and entering of decisions not signed in open court.
 Section 3.075 - Powers of judges to act in joint or separate session; testing process.
 (1) Any two or more of them may act in joint session for the trial or determination of any cause, matter or proceeding before the court in the judicial district, including jury cases. If the judges acting in joint session are equally divided in opinion, the opinion of the presiding judge prevails; otherwise the decision of the majority prevails.
 (2) Each of them may proceed separately with and try, simultaneously in the judicial district, all causes, matters and proceedings brought before the court.
 (3) Process may be tested in the name of any of them. [1959 c.552 §9; 1995 c.781 §6; 2015 c.212 §12]
 Section 3.102
 Section 3.110
 Section 3.130 - Transfer of judicial jurisdiction of certain county courts to circuit courts.
 (a) In Baker, Clackamas, Columbia, Coos, Douglas, Jackson, Josephine, Klamath, Lake, Lane, Marion and Tillamook Counties.
 (b) In any county for which a county charter providing for such transfer is adopted under ORS 203.710 to 203.770, to the extent that the judicial jurisdiction, authority, powers, functions and duties were not previously transferred as provided by law.
 (2) All matters, causes and proceedings relating to judicial jurisdiction, authority, powers, functions and duties transferred to the circuit courts and the judges thereof under this section, and pending in a county court on the effective date of the transfer, are transferred to the circuit court for the county. [Amended by 1955 c.677 §4; 1957 c.275 §1; 1957 c.713 §6; 1961 c.724 §4; 1963 c.512 §1; 1965 c.247 §1; 1965 c.510 §3; 1965 c.618 §5; 1967 c.268 §1; 1967 c.533 §8; 1967 c.534 §9; 1969 c.286 §1; 1969 c.591 §264]
 Section 3.132 - Concurrent jurisdiction with justice and municipal courts.
 Section 3.134 - Application of state statutes to municipal ordinance.
 Section 3.136 - Jurisdiction over violations of Portland charter and ordinances; disposition of moneys; hearings officers.
 (2) All fees, fines, security deposit forfeitures and other moneys collected and received by a circuit court in matters, causes and proceedings with respect to all violations over which such circuit court is granted judicial jurisdiction by subsection (1) of this section shall be collected, handled and disposed of by the clerk of such circuit court as otherwise provided by law for moneys collected and received by such circuit court.
 (3) Subsection (1) of this section does not preclude the city from employing one or more quasi-judicial hearings officers empowered to hold hearings concerning violations of the charter, ordinances, rules and regulations of the city, to adopt rules and regulations relating to the conduct of the hearings process and to impose civil penalties and grant other relief as may be necessary to enforce and obtain compliance with the charter, ordinances, rules and regulations of the city. The jurisdiction and authority of a hearings officer shall not include any traffic or parking offense. The city may enforce any order of a hearings officer by a civil action in a court of appropriate jurisdiction. [Formerly 46.045; 1999 c.1051 §235]
 Section 3.185 - Habeas corpus hearings by Circuit Court for Marion County.
 (2) When a court is held at a location directed as provided by subsection (1) of this section, every person held or required to appear at the court shall appear at the location so directed. [1975 c.236 §1; 1983 c.763 §6; 2007 c.547 §10]
 Section 3.220 - Rules; procedure when judges disagree.
 (2)(a) A certified copy of a rule referred to in subsection (1) of this section made or in effect before January 1, 1984, shall be filed in the office of the State Court Administrator not later than January 1, 1984. If a copy of a rule is not so filed, the rule is void.
 (b) A certified copy of a rule referred to in subsection (1) of this section made or amended on or after January 1, 1984, shall be filed in the office of the State Court Administrator. No rule or amendment shall be effective unless so filed, and no rule or amendment so filed shall become effective before the 30th day after the date of filing.
 (c) The State Court Administrator shall maintain the copies of all rules filed pursuant to this subsection, and shall keep a record of the date of filing thereof. The administrator shall, upon request, supply copies of the rules, and may charge a reasonable fee for such copies in order to recover the cost of compilation, copying and distribution of the rules. [Subsection (2) of 1955 part derived from 1953 c.52 §§6,7; 1957 c.713 §9; 1961 c.724 §9; 1967 c.531 §2; 1973 c.484 §3; 1981 c.215 §4; 1981 s.s. c.1 §9; 1983 c.763 §31; 1995 c.781 §7]
 Section 3.225 - Establishing specialized subject-matter departments; approval by Chief Justice; eligibility and assignment of judges.
 Section 3.230
 Section 3.250 - Definitions for ORS 3.250 to 3.280.
 (1) "Child" means a person under 18 years of age.
 (2) "Court services" includes but is not limited to services and facilities relating to intake screening, juvenile detention, shelter care, investigations, study and recommendations on disposition of cases, probation on matters within the jurisdiction of the court under ORS 3.260, family counseling, conciliation in domestic relations, group homes, and psychological or psychiatric or medical consultation and services provided at the request of or under the direction of the court, whether performed by employees of the court, by other government agencies or by contract or other arrangement. [1967 c.534 §1; 1987 c.158 §2; 1987 c.320 §12; 2001 c.904 §10; 2001 c.905 §10]
 Section 3.255 - Policy and intent.
 (1) Notwithstanding concurrent jurisdiction, that family and family-related matters before the courts be concentrated in a single judicial jurisdiction, the circuit court.
 (2) The judges of the circuit court need adequate court services to assist them in exercising jurisdiction over the family and family-related matters. [1967 c.534 §2]
 Section 3.260 - Juvenile jurisdiction vested in circuit courts; authority for transfer of jurisdiction over family-related matters to circuit courts.
 (2) Pursuant to ORS 3.275, in addition to any other jurisdiction vested in it by law, the circuit court shall exercise exclusive and original judicial jurisdiction, authority, powers, functions, and duties in the judicial district in any or all of the following matters that on the date specified in the order entered under ORS 3.275 are not within the jurisdiction of the circuit court:
 (a) Adoption.
 (b) Change of name under ORS 33.410.
 (c) Filiation.
 (d) Commitment of persons with mental illness or mental retardation.
 (e) Any suit or civil proceeding involving custody or other disposition of a child or the support thereof or the support of a spouse, including enforcement of the Uniform Reciprocal Enforcement of Support Act and enforcement of out-of-state or foreign judgments and decrees on domestic relations.
 (f) Waivers of the three-day waiting period before a marriage license becomes effective under ORS 106.077.
 (g) Issuance of delayed reports of live birth. [1967 c.534 §3; 1979 c.724 §1; 2003 c.576 §270; 2007 c.70 §2; 2013 c.366 §47]
 Section 3.265 - Limits on transfer of juvenile jurisdiction.
 (a) Gilliam, Sherman, Wheeler, Harney or Morrow County.
 (b) Any county that as of July 1, 1968, has a population of less than 11,000 and in which the judge of the circuit court does not reside.
 (2) Notwithstanding the limitation on transfer of juvenile jurisdiction in subsection (1) of this section, the circuit court in the judicial district shall exercise exclusive and original judicial jurisdiction, authority, powers, functions and duties in all proceedings under ORS 419B.500 to 419B.508 filed after October 3, 1989. [1967 c.534 §3a; 1989 c.531 §1; 1993 c.33 §272; 1995 c.658 §13]
 Section 3.270 - Transfer of juvenile jurisdiction and jurisdiction over family-related matters to circuit courts.
 (2) All judicial jurisdiction, authority, powers and duties of the county courts and justice courts and the judges thereof over matters described in ORS 3.260 (2) or so much thereof as may be ordered under ORS 3.275, in so far as such jurisdiction, authority, powers, functions and duties are exercised by such courts and the judges thereof on the date specified in the order entered under ORS 3.275, are transferred to the circuit courts and the judges thereof by which the order was entered.
 (3) All matters, causes and proceedings relating to jurisdiction, authority, powers, functions and duties transferred to the circuit court and the judges thereof under either subsection (1) or (2) of this section and pending in the county or justice court on the effective date of the transfer, are transferred to the circuit court for the county.
 (4) Appeals pending in a circuit court under ORS 179.650 (1987 Replacement Part), 419.561 (1991 Edition) or 419.A.200 immediately before the date specified in the order entered under ORS 3.275 shall be conducted and completed pursuant to the provisions of law in effect immediately before that date, except that the circuit court shall be considered to be the court appealed from in so far as further disposition of the case is concerned. [1967 c.534 §4; 1989 c.348 §13; 1993 c.33 §273; 1993 c.717 §3; 1995 c.658 §14]
 Section 3.275 - Procedure for transfer of jurisdiction over certain family-related matters.
 (2) Any circuit court that enters an order pursuant to this section shall cause copies of the order to be filed with the Oregon Supreme Court and with the county or justice court whose jurisdiction is affected by the order. [1967 c.534 §5; 1995 c.658 §16]
 Section 3.280 - Court services for circuit courts.
 (a) Employing or contracting for personnel or services; or
 (b) Contracting or entering into agreements with public or private agencies or with private firms or individuals, or any of them.
 (2) Court services obtained under subsection (1) of this section shall be subject to the supervision of the circuit court.
 (3) The compensation and expenses of personnel performing or providing court services and the expenses of providing court services shall be determined by the circuit court and shall be subject to the approval of and be paid by the county or counties making up the judicial district, subject to the Local Budget Law. For purposes of retirement benefits, personnel employed by the court may be considered county employees. Personnel performing or providing court services are not state employees, and their compensation and expenses shall not be paid by the state. [1967 c.534 §6; 1981 s.s. c.3 §22]
 Section 3.300 - Establishment and termination of panel for disposition of civil actions in circuit court; eligibility for panel; limitation on powers.
 (2) The Supreme Court, upon motion of the Chief Justice and the presiding judge may appoint any eligible person as a reference judge on the panel established under this section. A person is eligible for appointment as a reference judge if the person is a member in good standing of the Oregon State Bar. An eligible person need not reside within the judicial district for which use of the panel is established.
 (3) A person appointed as a reference judge on a panel may be removed from the panel by the Chief Justice or the presiding judge for the judicial district, in the sole discretion of the Chief Justice or presiding judge.
 (4) A person appointed as a reference judge on a panel is subject to the jurisdiction of the Commission on Judicial Fitness and Disability and the Supreme Court under ORS 1.420 and 1.430 in the same manner as a judge of the circuit court.
 (5) A person appointed as a reference judge on a panel shall not be considered to be, or to have the judicial powers, duties, jurisdiction and authority of, a judge of the circuit court except to the extent provided in ORS 3.300 to 3.321. [1983 c.704 §1; 1995 c.781 §10]
 Section 3.305 - Request for referral of action to reference judge; selection of reference judge; revocation of referral.
 (2) The parties, in their request for referral, may specify a particular reference judge, and the presiding judge shall refer the action to the reference judge so specified.
 (3) If the parties do not specify a particular reference judge, the presiding judge shall select a reference judge and notify the parties of the selection. Within 10 days after selection of a reference judge by the presiding judge, the parties may file with the presiding judge a written rejection of the reference judge so selected and request that the presiding judge make another selection.
 (4) A reference judge may decline to accept a referral of an action by the presiding judge. If a reference judge declines to accept a referral, the parties may file with the presiding judge a written specification of, or the presiding judge may select, another reference judge.
 (5) The request by parties for referral of an action shall include a stipulation by the parties to the entry of the judgment arising from the reference as the judgment of the court. If the action is triable by right to a jury, the request shall constitute a waiver of the right of trial by jury by any party having that right.
 (6) The presiding judge may revoke a referral of an action when, in the opinion of the presiding judge, the trial of the action on reference is being unduly delayed. If the referral is revoked, the presiding judge may require the person or persons responsible for the undue delay to bear all or part of the expense of the trial incurred before the revocation. [1983 c.704 §2; 1995 c.781 §11]
 Section 3.311 - Delivery of order to reference judge; notice of time and place of trial; procedure; witnesses.
 (2) At least five days before the date set for a trial on reference, the reference judge shall notify the clerk of the court of the time and place of the trial. The clerk shall post a notice of the time and place of the trial in a conspicuous place for trial notices at the principal location for the sitting of the court in the county in which the action is commenced.
 (3) Any person interested in attending a trial on reference is entitled to do so as in a trial of a civil action in the court. Upon receipt of written request by any person, the reference judge shall give the person written notice of the time and place set for a trial on reference.
 (4) Except as otherwise provided in ORS 3.300 to 3.321, the reference judge has all the judicial powers and duties of a judge of the circuit court to regulate all proceedings in the trial and disposition of the action on reference.
 (5) The reference judge shall provide clerical personnel necessary for the conduct of the proceedings in the trial on reference, including a trial court reporter unless waived by the parties. If use of a trial court reporter is waived by the parties, the proceedings in the trial shall be reported by an audio record reporting device.
 (6) The trial on reference shall be conducted in the same manner as a trial by the circuit court without a jury. The reference judge shall apply the substantive law used in the courts of this state in deciding the issues submitted by the parties. Unless waived in whole or part by the parties, the reference judge shall apply the rules of pleading, practice, procedure and evidence used in the circuit courts of this state.
 (7) The parties may procure the attendance of witnesses before the reference judge by the issuance and service of subpoenas as provided in ORCP 55. If, without adequate excuse, a witness fails to appear or give evidence, that witness may be punished as for a contempt by the reference judge and be subjected to the consequences, penalties and remedies provided in ORCP 55 G.
 (8) Reference judges may conduct proceedings for the imposition of remedial sanctions under ORS 33.055, but may not conduct proceedings for the imposition of punitive sanctions under ORS 33.065. [1983 c.704 §3; 1991 c.724 §15a; 1995 c.781 §12]
 Section 3.315 - Proposed report of reference judge; objections; final report; filings with clerk; entry of report as judgment of court.
 (2) Within 10 days after receipt of the copy of the proposed report, any party may serve written objections and suggested modifications or corrections to the proposed report upon the reference judge and the other parties. The reference judge without delay shall consider the objections and suggestions and prepare a final written report. If requested by any party, the reference judge shall conduct a hearing on the proposed written report and any objections or suggested modifications or corrections thereto before preparing the final written report.
 (3) Upon completion of the final written report, the reference judge shall file with the clerk of the circuit court:
 (a) Copies of all original papers in the action filed with the reference judge;
 (b) The exhibits offered and received or rejected in the trial on reference;
 (c) The transcript of the proceedings in the trial, if a trial court reporter was used in the trial;
 (d) The audio record of the proceedings in the trial, if a trial court reporter was not used in the trial; and
 (e) The final written report containing the findings of fact and conclusions of law by the reference judge, and the judgment thereon of the reference judge.
 (4) In the interest of economy, the presiding judge for a judicial district may allow the reference judge to file the final written report under subsection (3) of this section without any of the items listed in subsection (3)(a) to (d) of this section. However, the presiding judge shall require the reference judge to file the items listed in subsection (3)(a) to (d) of this section if timely notice of appeal of the judgment is filed.
 (5) At the time the reference judge files the final written report under subsection (3) of this section, the reference judge shall mail to each party a copy of the report.
 (6) Upon receipt of the final written report by the clerk of the court, the referral of the action shall terminate and the presiding judge shall order the judgment contained in the report entered as the judgment of the court in the action. Subsequent motions and other related post-trial proceedings in the action may be conducted and disposed of by the reference judge upon the order of the presiding judge, in the sole discretion of the presiding judge, or may otherwise be assigned by the presiding judge.
 (7) The judgment of the reference judge entered as provided in subsection (6) of this section may be appealed in the same manner as a judgment of the circuit court in a civil action. [1983 c.704 §4; 1995 c.781 §13; 2003 c.576 §231]
 Section 3.321 - Compensation of reference judge; payment procedure.
 (2) Payment of the compensation of a reference judge and the expense of the trial on reference before the reference judge shall be the obligation of the parties. The obligation shall be borne equally by the parties unless the parties agree to a different allocation.
 (3) The presiding judge for the judicial district shall estimate the compensation of the reference judge and the expense of the trial on reference in advance of the trial, and shall notify the parties of the estimate. The parties shall deposit with the clerk of the court the amount estimated by the presiding judge. The presiding judge may order the clerk to pay a portion of the deposited amount to the reference judge during the trial on reference. Upon termination of the referral of the action, the reference judge shall cause to be delivered to the presiding judge and each party a written statement of any remaining unpaid compensation and expense. The presiding judge shall hear and decide any objection to the written statement, and thereafter shall order payment to the reference judge or refund of any remainder of the deposited amount accordingly. [1983 c.704 §5; 1995 c.781 §14]
 Section 3.405 - Application to establish family court department; assignment of judges; authority of judges.
 (2) In every judicial district in which a family court department is established under this section, the presiding judge of the judicial district may assign one or more judges to serve in the family court department.
 (3) Judges serving in the family court department have the same jurisdiction, authority, powers, functions and duties as any other circuit court judge and shall be elected and qualified in the same manner as any other circuit court judge.
 (4) For the purposes of this section, "judicial district" means a judicial district enumerated under the provisions of ORS 3.012. [1993 c.165 §1; 1995 c.658 §125]
 Section 3.408 - Matters assignable to family court department.
 (a) Proceedings under the provisions of ORS chapters 107, 108, 109 and 110;
 (b) Proceedings under the provisions of ORS chapter 25;
 (c) Guardianship proceedings for minors under the provisions of ORS chapter 125;
 (d) Juvenile court proceedings under ORS chapters 419A, 419B and 419C;
 (e) Proceedings to commit a person with a mental illness under the provisions of ORS chapter 426;
 (f) Probate proceedings under ORS chapters 111, 112, 113, 114, 115, 116 and 117; and
 (g) Any other proceeding in which a family is involved.
 (2) In addition to the matters specified in subsection (1) of this section, the presiding judge of the judicial district may assign to a family court department any criminal proceeding that involves domestic violence or other crime between family members. [1993 c.165 §2; 1995 c.608 §19; 1995 c.664 §67; 1995 c.781 §15; 1995 c.800 §7; 1999 c.1081 §1; 2007 c.70 §3; 2011 c.720 §51]
 Section 3.412 - Chief family court judge.
 Section 3.414 - Assignment of matters relating to same child.
 Section 3.417 - Coordination of services.
 Section 3.420 - Abolishment of family court department.
 Section 3.423 - Family court department rules.
 Section 3.425 - Family law education programs.
 (a) An annulment or dissolution of marriage action.
 (b) A legal separation action.
 (c) A petition to establish custody or parenting time.
 (d) Post-judgment litigation involving custody or parenting time.
 (2) An education program established under subsection (1) of this section must include, but need not be limited to, information about:
 (a) The emotional impact of a dissolution of marriage or a separation on children at different developmental stages.
 (b) Parenting during and after a dissolution of marriage or a separation.
 (c) Custody, parenting time and shared parenting plans.
 (d) The effect on children of parental conduct including, but not limited to, long distance parenting.
 (e) Mediation and conflict resolution.
 (3) The family court department or, if there is no family court department, the presiding judge or designee of each circuit court may establish an education program designed to provide information about dissolution law and legal procedures, mediation and other dispute resolution alternatives to persons seeking to annul or dissolve a marriage or to separate from each other. The program must include, but need not be limited to, information about:
 (a) Shared parenting plans.
 (b) Division of marital property.
 (c) Spousal and child support.
 (d) Court procedures and time requirements.
 (e) Litigation, mediation and conflict resolution.
 (f) The role of attorneys in mediation.
 (4) The court may order the parties in any action listed in subsection (1) of this section to participate in education programs described in this section unless:
 (a) Subject to the approval of the court, the parties agree not to participate;
 (b) On motion of either party or on its own motion, the court determines that participation is unnecessary; or
 (c) With prior approval of the court, the parties select and participate in comparable education programs.
 (5) The court may not require both parties to attend an education program established under this section at the same time.
 (6)(a) The family court department or, if there is no family court department, the presiding judge or designee of each circuit court shall designate the program providers for the education programs.
 (b) A program provider may charge a person a reasonable fee to attend education programs. A program provider may not exclude a person from attending education programs due to an inability to pay the fee if the court has indicated that the person is indigent or otherwise unable to pay the fee.
 (c) A program provider shall issue a certificate of completion to a participant when the participant has satisfactorily completed the education programs. A certificate of completion must be filed with the court prior to the entry of the judgment in the action. [1995 c.800 §10(1),(2),(3); 1997 c.249 §2; 1997 c.707 §4; 1999 c.59 §3; 2003 c.576 §271]
 Section 3.428 - Family law facilitation programs.
 (a) Educational materials.
 (b) Court forms.
 (c) Assistance in completing forms.
 (d) Information about court procedures.
 (e) Referrals to agencies and resources that provide legal and other services to parents or children.
 (2) All materials, forms, instructions and referral lists provided through the program must be approved by the family court department or, if there is no family court department, by the presiding judge for the judicial district.
 (3) Except for those fees authorized for forms under ORS 21.245, services provided through the program shall be provided without charge.
 (4) An employee or other person providing services to litigants through a family law facilitation program as provided in this section is not engaged in the practice of law in this state for the purposes of ORS 9.160.
 (5) Except as provided in subsection (6) of this section, an employee or other person who assisted litigants through a family law facilitation program may not, for a period of one year after leaving the program, charge or collect any fee from a litigant for services relating to a matter that was the subject of assistance under the program.
 (6) The prohibition of subsection (5) of this section does not apply to persons admitted to the practice of law in this state. [1999 c.1095 §1; 2009 c.218 §5]
 Section 3.430 - Family court advocate programs; goals; duties.
 (2) The family court advocate programs implemented under this section shall emphasize the following goals:
 (a) Protection of children.
 (b) Successful completion of family plans designed by the programs.
 (c) Improved linkage between the family court and community services.
 (d) Improvements in the functioning of each family that is provided services by the programs.
 (e) Decreased caseload in the courts of this state in matters relating to families.
 (f) Integration of family services.
 (g) Identification of and referral to alternatives to court proceedings.
 (3) The family court advocate programs shall:
 (a) Coordinate services that are available to persons who are parties in proceedings before the family court, or who may become parties in proceedings before the family court.
 (b) Assist human services agencies in efforts made by those agencies to collaborate with the family court.
 (c) Assist circuit court judges in viewing litigation involving families with a focus on the family instead of viewing the parties as individual litigants.
 (d) Intervene with at-risk families who do not receive governmental assistance.
 (e) Research, identify and advocate new programs that will improve the use of family courts.
 (4) Family court advocate programs shall be established in Jackson County, Deschutes County and such other counties as may be designated by the Chief Justice of the Supreme Court. [1997 c.801 §85; 1999 c.1081 §4]
 Section 3.432 - Judicial education program on establishment and management of family court departments.
 Section 3.434 - Adoption of coordination plan for services; local family law advisory committees; plan contents.
 (2) The presiding judge of the judicial district shall establish a local family law advisory committee for the judicial district. The committee will prepare the plan required by subsection (1) of this section. The membership of the local advisory committee must reflect the diversity of the judicial district and must include, in addition to the presiding judge or a judge designated by the presiding judge, the trial court administrator and business, social service, community and government representatives who must be knowledgeable in family and family law issues. In judicial districts composed of more than one county, the presiding judge may establish a local advisory committee in each county or establish one or more committees to serve multiple counties.
 (3)(a) At a minimum, the local family law advisory committee shall address the following in the plan:
 (A) Mandates for mediation of child custody or parenting time disputes, requiring each party to attend either a group or private mediation orientation session;
 (B) Methods of coordinating cases when the same child or family is involved in multiple cases; and
 (C) The need for, and provision of, conciliation services, mediation services, child custody evaluations, parent education and visitation services.
 (b) The local advisory committee may include other elements in the plan, including but not limited to:
 (A) The need for, and provision of, services relating to prevention and early intervention; and
 (B) The use of settlement options such as mediation, conciliation, arbitration and settlement conferences.
 (c) The local advisory committee shall include in the plan a list of mediators qualified to provide mediation in cases involving spousal support and division of property issues. Once the list is developed, the judicial district shall maintain the list.
 (4) The local family law advisory committee shall present the plan to the county governing body of each county within the judicial district and to the presiding judge of the judicial district for their approval. The local advisory committee shall send copies of the plan to the Chief Justice of the Supreme Court and those members of the Oregon House of Representatives and the Oregon Senate who represent the areas within the judicial district.
 (5) The local family law advisory committee may assist in implementing, monitoring and revising the plan. The local advisory committee, working in conjunction with legal service providers, may coordinate access to family law resources, including family law facilitation and other services. [1997 c.801 §135; 1999 c.1081 §8; 2007 c.71 §3]
 Section 3.436 - Appointment of statewide family law advisory committee.
 (2) The Chief Justice shall determine the terms and organization of the statewide advisory committee.
 (3) Members of the statewide advisory committee are not entitled to compensation, but may be reimbursed from funds available to the State Court Administrator from the Family Law Account for actual and necessary travel expenses incurred by them in the performance of their official duties. [1997 c.801 §136; 2001 c.779 §18]
 Section 3.438 - Duties of State Court Administrator.
 (1) Shall hire a director of family court services and sufficient staff, whose compensation must come solely from the Family Law Account, and may delegate to the director of family court services any of the duties listed in subsections (2) to (6) of this section.
 (2) Shall administer the Family Law Account demonstration grant program for funding implementation of new, innovative family court services within this state. The State Court Administrator may not fund services under the demonstration grant program for a period exceeding 24 months. The statewide family law advisory committee shall review all applicant programs and shall recommend programs for approval to the Chief Justice of the Supreme Court.
 (3) Shall compensate the per diem expenses of the members of the statewide family law advisory committee from the Family Law Account.
 (4)(a) Shall plan and implement an annual statewide conference to:
 (A) Review legislation relating to family law issues;
 (B) Provide family law training;
 (C) Review elements of successful family law programs; and
 (D) Foster the development of enhanced services to families involved in proceedings before the court.
 (b) May pay the expenses of program development and production for program sessions and materials for the statewide conference from the Family Law Account. The State Court Administrator shall credit any receipts from registration or materials fees charged to the Family Law Account.
 (5) Shall pay the expenses of the Family Law Legal Services Commission.
 (6) Shall carry out other activities in support of the statewide and local family law advisory committees determined by the State Court Administrator to be necessary to achieve the purposes of ORS 3.434 to 3.440. [1997 c.801 §137]
 Section 3.440 - Family Law Account.
 Section 3.450 - Drug court programs; fees; records.
 (a) "Drug court program" means a program in which:
 (A) Individuals who are before the court obtain treatment for substance abuse issues and report regularly to the court on the progress of their treatment; and
 (B) A local drug court team, consisting of the court, agency personnel and treatment and service providers, monitors the individuals’ participation in treatment.
 (b) "Individual-provider relationship" includes a relationship between an individual and a physician, a physician assistant or nurse practitioner.
 (2)(a) The governing body of a county or a treatment provider may establish fees that individuals participating in a drug court program may be required to pay for treatment and other services provided as part of the drug court program.
 (b) A court may order an individual participating in a drug court program to pay fees to participate in the program. Fees imposed under this subsection may not be paid to the court.
 (3) Records that are maintained by the circuit court specifically for the purpose of a drug court program must be maintained separately from other court records. Records maintained by a circuit court specifically for the purpose of a drug court program are confidential and may not be disclosed except in accordance with regulations adopted under 42 U.S.C. 290dd-2, including under the circumstances described in subsections (4) to (7) of this section.
 (4) If the individual who is the subject of the record gives written consent, a record described in subsection (3) of this section may be disclosed to members of the local drug court team in order to develop treatment plans, monitor progress in treatment and determine outcomes of participation in the drug court program.
 (5) A record described in subsection (3) of this section may not be introduced into evidence in any legal proceeding other than the drug court program unless:
 (a) The individual who is the subject of the record gives written consent for introduction of the record; or
 (b) The court finds good cause for introduction. In determining whether good cause exists for purposes of this paragraph, the court shall weigh the public interest and the need for disclosure against the potential injury caused by the disclosure to:
 (A) The individual who is the subject of the record;
 (B) The individual-provider relationship; and
 (C) The treatment services being provided to the individual who is the subject of the record.
 (6) A court, the State Court Administrator, the Alcohol and Drug Policy Commission or the Oregon Criminal Justice Commission:
 (a) May use records described in subsection (3) of this section and other drug court program information to track and develop statistics about the effectiveness, costs and other areas of public interest concerning drug court programs.
 (b) May release statistics developed under paragraph (a) of this subsection and analyses based on the statistics to the public.
 (7) Statistics and analyses released under subsection (6) of this section may not contain any information that identifies an individual participant in a drug court program. [2003 c.385 §1; 2005 c.706 §25; 2011 c.673 §3; 2014 c.45 §1]
 COURTCARE PILOT PROGRAMS
 Note: Sections 1 to 4, chapter 672, Oregon Laws 2017, provide:
 Sec. 1. Legislative findings. The Legislative Assembly finds that:
 (1) Many individuals and families experience life circumstances that necessitate court involvement and visits to local governmental offices, including but not limited to juvenile dependency and delinquency proceedings, domestic relations cases, protective proceedings related to domestic abuse or violence, child protection proceedings, meetings with probation officers and visits to local governmental offices to transact governmental business.
 (2) Often individuals and families in such matters are responsible for the care of young children and obtaining child care can distract from, if not present obstacles or barriers to, effective and complete participation in court proceedings or dealing with important governmental matters.
 (3) Individuals and families in court-related matters also need and would benefit from the availability of a clearinghouse for information and resource referrals relating to family support services within the local community.
 (4) The availability of programs to provide quality child care and serve as a clearinghouse for information and resource referrals in facilities located in or near courthouses and governmental offices would benefit individuals and families with court-related matters and governmental business to transact and would ensure that individuals and families with children are able to participate fully in court and governmental processes in this state. [2017 c.672 §1]
 Sec. 2. Pilot programs to provide child care for families involved in court proceedings or governmental business. (1) As used in this section:
 (a) "Child care" means care and supervision provided to a child between six weeks and 10 years of age on behalf of a person with responsibility for the child.
 (b) "CourtCare program" means a program that provides child care and serves as a clearinghouse for information and resource referrals for individuals and families with court-related matters or governmental business in or near a county courthouse or courthouse complex.
 (2) Marion and Polk Counties may establish one or more CourtCare programs as pilot programs to provide quality child care to individuals and families who are:
 (a) Participating in or serving as jurors in court proceedings at the local courthouse; or
 (b) Transacting business at a local governmental office in or near a county courthouse or courthouse complex.
 (3) A CourtCare program established under subsection (2) of this section must also serve as a clearinghouse for information and resource referrals relating to family support services that are available to individuals and families in the local community, including but not limited to housing, emergency services, early learning programs, parent education, public health, relief nurseries, health insurance, behavioral health services, legal assistance, screening and referral services for developmental health and referrals to community organization as appropriate.
 (4) A CourtCare program established under subsection (2) of this section must ensure that:
 (a) Children receive quality child care and are in a safe and nurturing environment while their caretakers are participating in court proceedings or transacting local governmental business;
 (b) Staff at the CourtCare program site are able to provide information and make referrals to appropriate local area resources; and
 (c) Court and local governmental business continues without interruption or distraction from children cared for in the CourtCare program.
 (5) If Marion or Polk County establishes a CourtCare program under this section, the county shall ensure that:
 (a) Volunteers, employees and staff at the CourtCare program are enrolled in the Central Background Registry under ORS 329A.030; and
 (b) The CourtCare program is either certified under ORS 329A.280 or registered under ORS 329A.330 by the Office of Child Care or is exempt from the requirements for certification or registration under ORS 329A.250.
 (6) If Marion or Polk County establishes a CourtCare program under this section, the county shall enter into an agreement with a nonprofit or nongovernmental entity to implement and administer the CourtCare program. At a minimum, the contract must require that the nonprofit or nongovernmental entity report to the county on an annual basis regarding outcomes and objectives that include, but are not limited to:
 (a) The number of individuals and families utilizing the CourtCare program;
 (b) The type of services provided to individuals and families that utilized the CourtCare program;
 (c) Unmet needs and barriers to the provision of services in the CourtCare program;
 (d) The effect of the CourtCare program on courtroom, judicial and local government efficiency; and
 (e) The types of information and resource referrals provided by the CourtCare program. [2017 c.672 §2]
 Sec. 3. Report on pilot programs. The governing bodies of Marion and Polk Counties shall report on the progress of CourtCare pilot programs implemented under section 2 of this 2017 Act, in the manner provided in ORS 192.245, to the interim committees of the Legislative Assembly related to child welfare no later than September 15, 2019. [2017 c.672 §3]
 Sec. 4. Repeal of pilot programs. Sections 1 to 3 of this 2017 Act are repealed on January 2, 2021. [2017 c.672 §4]
 Chapter 004 - (Former Provisions)
 Section 4.010
 Section 4.105
 Section 4.120
 Section 4.410
 Chapter 005 - County Courts (Judicial Functions)
 Section 5.010 - Who holds court.
 Section 5.020 - Juvenile court jurisdiction in certain counties.
 Section 5.030 - Power of county judge to grant injunctions and orders in suits in circuit court.
 Section 5.060 - Times of holding court.
 Section 5.080 - County judge as interested party.
 Section 5.090 - Absence of county judge, or vacancy; authority of circuit judge; pro tem county judge.
 (2) A county judge that exercises judicial functions may exercise judicial powers and functions in another county court as a pro tem county judge:
 (a) In the event of a vacancy in the office of county judge in another county, until the vacancy is filled as provided by law; or
 (b) In the event of the absence, incapacity or disqualification of a county judge in another county, during the period of the absence, incapacity or disqualification. [Amended by 1997 c.650 §1; 2003 c.576 §272]
 Section 5.100 - Order of docketing and disposal of business; records of proceedings.
 (a) Judicial business.
 (b) County business.
 (2) The proceedings and records of the court pertaining to the respective classifications of business specified in this section shall be kept in separate books. [Amended by 1969 c.591 §266]
 Section 5.105 - Records of county court.
 Section 5.110 - Jury.
 Section 5.120 - Appeals.
 (2) An appeal shall lie to the Court of Appeals from the whole or a specified part of the judgment or other final determinative order of the circuit court given upon such appeal to it, in like manner and with like effect as though it were from a judgment or other appealable determinative order of such circuit court given in a suit in equity therein. [Amended by 1959 c.558 §50; 1977 c.290 §1; 2003 c.576 §273]
 Section 5.125 - County court fees.
 (1) Making transcription from the judgment docket, $4.
 (2) Filing and entering transcript of judgment, $4.
 (3) Filing and docketing copy of foreign judgment and affidavit filed as provided in ORS 24.115 and 24.125, $25.
 (4) Issuing writs of execution or writs of garnishment, $3 for each writ.
 (5) Preparing clerk’s certificate of satisfaction of judgment, $3.75.
 (6) For any service not enumerated in this section, the fees provided or established under ORS 205.320. [Formerly 21.375; 2003 c.576 §166]
 Chapter 007 - Records and Files of Courts
 Section 7.010 - Records of court; minimum record retention schedules.
 (2) The record of the Supreme Court and the Court of Appeals is a register.
 (3) All references in this chapter to the clerk or court administrator relate to the office of the clerk or court administrator of the appropriate trial or appellate court.
 (4) Minimum record retention schedules and standards for all records of the state courts and the administrative offices of the state courts may be prescribed by the State Court Administrator pursuant to ORS 8.125. The State Court Administrator shall ensure that the minimum record retention schedules and standards prescribed under ORS 8.125 conform with policies and standards established by the State Archivist under ORS 192.105, 357.825 and 357.835 (1) for public records valued for legal, administrative or research purposes. [Amended by 1969 c.198 §34; 1975 c.588 §3; 1985 c.540 §1; 1989 c.768 §2; 1995 c.244 §9; 2003 c.576 §174]
 Section 7.015 - Consolidation of records.
 Section 7.020 - Register.
 (1) The date of any filing of any document.
 (2) The date of making, filing and entry of any order, judgment, ruling or other direction of the court in or concerning such action, suit or proceeding.
 (3) Any other information required by statute, court order or rule. [Amended by 1971 c.193 §12; 1975 c.588 §4; 1985 c.540 §2; 1989 c.768 §3; 2007 c.129 §3]
 Section 7.070 - Jury register.
 Section 7.090 - Files of court.
 Section 7.095 - Electronic data processing for court records; standards for preservation and security.
 (2) The State Court Administrator may prescribe standards governing the use of such techniques, the preservation of the records so maintained, and controls to prevent unauthorized access to records maintained through the use of electronic data processing equipment. [1971 c.499 §1; 1985 c.540 §4; 1995 c.244 §2]
 Section 7.110 - Custody of records and files.
 (2) Custody of and responsibility for records and files of the court relating to an action, suit or proceeding may be transferred to the clerk or court administrator of another court, for the purposes of storage and servicing, after the expiration of 25 years after the entry of final judgment in the action, suit or proceeding. [Amended by 1971 c.193 §15; 1975 c.588 §12; 1985 c.540 §5; 2007 c.129 §5]
 Section 7.120 - Disposition of exhibits, notes and audio records of circuit court cases.
 (2) The presiding judge for a judicial district may order the return, destruction or other disposition of exhibits offered or received in any case in circuit court at any time after the case becomes final and not subject to further appeal. This subsection does not apply to exhibits in a case involving the determination of water rights, which exhibits shall be permanently retained. [Amended by 1955 c.497 §1; 1975 c.481 §1; 1979 c.58 §1; 1985 c.540 §6; 1993 c.33 §274; 1993 c.546 §116; 1995 c.781 §§16,16a; 1997 c.872 §13]
 Section 7.124 - Procedures for destruction of documents; photographic and electronic copies.
 (2) A state court may use procedures established under subsection (1) of this section only if at the time of making the copy of the document or group of documents, the court administrator attaches to the copy, attaches to the sealed container in which the copy is placed or incorporates or causes to be incorporated into the copy:
 (a) A statement that the copy is a correct copy of the original, or of a specified part of the original document or group of documents; and
 (b) The date on which the copy of the document or group of documents was made.
 (3) A court administrator using film for copies under this section must promptly seal and store at least one original or negative copy of the film in a manner and place that will ensure that the film will not be lost, stolen or destroyed.
 (4) A court administrator using electronic images for copies under procedures established under subsection (1) of this section must ensure that the electronic images are continuously updated into commonly used formats and, if necessary, transferred to media necessary to ensure that the electronic images are accessible through commonly used electronic or computerized systems.
 (5) If a copy of a document created under this section is retained in lieu of the original document, the copy is the official court record for all purposes and must be retained for the period established by the schedule prescribed in ORS 8.125 (11). [2007 c.129 §2; 2013 c.685 §3]
 Note: 7.124 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 7 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 7.130 - Search and examination of records and files; certified copies.
 Section 7.132 - Access to case information not otherwise open to public.
 Note: 7.132 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 7 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 7.140 - Substitution of copy of lost record.
 Section 7.150 - Order of restoration when no copy available.
 Section 7.160 - Restoration of destroyed probate records.
 Section 7.170 - When copy of higher court record may be filed in lower court; effect when original is lost or destroyed.
 Section 7.230 - Probate and juvenile court records to be kept separate.
 Section 7.240 - Records in probate matters.
 (2) For probate matters in courts other than state courts, the clerk or court administrator shall enter and record the proceedings in the following records:
 (a) A register, in which shall be entered a memorandum of all official business transacted by the court or judge thereof pertaining to the estate of each decedent, under the name of the decedent, and that pertaining to each protective proceeding under ORS chapter 125, under the name of the protected person.
 (b) A probate index, in which shall be kept an index of all the entries in the register under the names of the persons to whose estate, person or business the entries relate, which names shall be arranged chronologically in alphabetical order. [Amended by 1973 c.823 §84; 1975 c.588 §17; 1985 c.540 §12; 1995 c.664 §68; 2013 c.685 §2]
 Section 7.250 - Use of paper printed on both sides; use of recycled paper.
 (2) All paper filings in the courts of this state, including all pleadings, motions, copies and other documents, shall be printed on recycled paper if recycled paper is readily available at a reasonable price. The State Court Administrator and the courts of this state shall encourage persons who make paper filings in the courts to use recycled paper that has the highest available content of post-consumer waste, as defined in ORS 279A.010, and that is recyclable in office paper recycling programs in the community in which the filing is made. A court of this state may not decline to accept any paper filing because the paper does not comply with the requirements of this subsection. [1997 c.762 §2; 2003 c.794 §193; 2007 c.129 §6]
 Chapter 008 - Court Officers and District Attorneys
 Section 8.010
 Section 8.100 - Authority of Judicial Department to require fingerprints; rules.
 (a) Is employed or applying for employment by the department; or
 (b) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer.
 (2) After considering the rules adopted by the Oregon Department of Administrative Services under ORS 181A.215, the Chief Justice of the Supreme Court may, by order, adopt rules used to determine whether a person described in subsection (1) of this section is fit to be employed by, or provide services to, the Judicial Department. The order may incorporate, in whole or in part, the rules adopted by the Oregon Department of Administrative Services under ORS 181A.215. [2005 c.730 §51; 2015 c.758 §3]
 Section 8.105 - Submission of proposed change to legislative committee.
 (2) This section applies to all boards, commissions, committees and departments of the judicial department, as defined in ORS 174.113, including but not limited to the Public Defense Services Commission and the Commission on Judicial Fitness and Disability. [2012 c.107 §79]
 Section 8.110 - State Court Administrator; appointment; term; duties.
 (2) The Chief Justice of the Supreme Court shall appoint after conferring with and seeking the advice of the Supreme Court, may remove at pleasure and shall fix the compensation of the State Court Administrator.
 (3) The State Court Administrator shall perform the duties, powers and functions of the office under the supervision and subject to the direction of the Chief Justice of the Supreme Court. [Amended by 1953 c.382 §4; 1971 c.193 §1; 1981 s.s. c.1 §12]
 Section 8.120 - Duties as court administrator for Supreme Court and Court of Appeals; delegation.
 (a) Act as court administrator for the court.
 (b) Keep the seal of the court, and affix it in all cases required by law.
 (c) Record the proceedings of the court.
 (d) Keep the records, files, books and documents pertaining to the court.
 (e) File all documents delivered to the administrator for that purpose in any action or proceeding in the court.
 (f) Attend the terms of the court, unless excused by the court, and administer oaths.
 (g) Under the direction of the court enter its orders and judgments.
 (h) Authenticate, by certificate or transcript, as may be required, the records, files or proceedings of the court, or any document pertaining thereto, and filed with the administrator.
 (i) In the performance of duties pertaining to the court, conform to the direction of the court.
 (2) The State Court Administrator may delegate powers of the office of State Court Administrator to officers and employees of the Judicial Department designated by the State Court Administrator in writing. [Amended by 1971 c.193 §2; 1981 s.s. c.1 §13; 1985 c.540 §21; 1995 c.273 §3; 2003 c.518 §4; 2007 c.129 §7]
 Section 8.125 - Duties to assist Chief Justice and other courts.
 (1) Assist the Chief Justice in exercising administrative authority and supervision under ORS 1.002.
 (2) Consistent with applicable provisions of law and rules made thereunder:
 (a) Supervise the personnel plan for officers, other than judges, and employees of the courts of this state who are state officers or employees.
 (b) Prescribe the form and content and supervise the preparation of consolidated budgets, for submission to the Legislative Assembly, applicable to expenditures made and revenues received by the state in respect to the courts of this state.
 (c) Supervise an accounting system for the recording, monitoring and auditing of expenditures made and revenues received by the state in respect to the courts of this state.
 (d) Establish and maintain inventory records of property of the state in the custody or control of the courts of this state or any judge, other officer or employee thereof.
 (3) Conduct a continuing survey of the administrative methods and activities, records, business and facilities of the courts of this state and make recommendations to the Chief Justice based on the survey.
 (4) Collect and compile statistical and other data relating to the courts of this state and municipal courts, including the caseload, workload, performance, status, management, expenses and revenues of those courts, and make reports on the business and condition of those courts.
 (5) Establish and supervise a statewide public information service concerning the courts of this state.
 (6) Establish and supervise education programs for judges, other officers and employees of the courts of this state and municipal courts pertinent to the performance of the functions of those judges, other officers and employees.
 (7) Provide to the judges, other officers and employees of the courts of this state, to attorneys and to the public appropriate assistance services relating to the administration and management of the courts of this state.
 (8) Prepare and maintain a continuing long-range plan for improvement and future needs of the courts of this state.
 (9) Supervise and maintain the law libraries of the judicial department of government of this state, including the State of Oregon Law Library, and excluding county law libraries except as provided in ORS 9.825.
 (10) Enter into contracts on behalf of the Judicial Department, including but not limited to financing agreements entered into pursuant to ORS 283.087.
 (11) Prescribe minimum retention schedules and standards for all records of the state courts and the administrative offices of the state courts, including but not limited to minimum retention schedules and standards for registers, dockets, indexes, files, citations, notes, audio records, video records, stenographic records, exhibits, jury records and fiscal and administrative documents, whether maintained in paper, micrographic, electronic or other storage form. The State Court Administrator shall ensure that the minimum record retention schedules and standards prescribed under this subsection conform with policies and standards established by the State Archivist under ORS 192.105, 357.825 and 357.835 (1) for public records valued for legal, administrative or research purposes. [1981 s.s. c.1 §15; 1985 c.308 §1; 1991 c.790 §19; 1995 c.244 §1; 1999 c.787 §2; 2001 c.779 §5; 2011 c.224 §6; 2011 c.595 §106]
 Section 8.130 - Fees payable to State Treasurer.
 Section 8.150 - Appointment and compensation of employees.
 Section 8.155 - Bailiffs of higher courts.
 (2) Process in cases of original jurisdiction in the Supreme Court may be executed by the bailiff or any sheriff of the state as directed by the court. [Formerly 8.010]
 Section 8.160 - Administrator and staff not to engage in private practice of law.
 Section 8.170 - Status of court officers and employees.
 Section 8.185 - Trial court administrator for judicial district.
 Section 8.195 - Appointment of trial court administrators; removal.
 (a) One judicial district shall be appointed by the presiding judge for the judicial district, with the approval of a majority of the circuit court judges in the district.
 (b) The circuit court in a judicial district shall be appointed by the presiding judge for the judicial district, with the approval of a majority of the circuit court judges.
 (c) Two or more adjoining judicial districts shall be appointed by the presiding judges for the judicial districts, with the approval of a majority of the circuit court judges in the districts.
 (2) A trial court administrator may be removed from the office by the appointing presiding judge as provided in a personnel plan established by the Chief Justice of the Supreme Court. [1981 s.s. c.3 §9; 1995 c.658 §18; 1995 c.781 §18]
 Section 8.225 - Duties of trial court administrator; delegation; transcript coordinator.
 (2) A trial court administrator shall, for each court served by the officer:
 (a) Keep the seal of the court, and affix it in all cases required by law.
 (b) Record the proceedings of the court.
 (c) Maintain the records, files, books and other documents pertaining to the court.
 (d) File all documents delivered to the trial court administrator in any action or proceeding in the court.
 (e) Attend the court, administer oaths and receive the verdict of a jury in any action or proceeding therein, in the presence and under the direction of the court.
 (f) Under the direction of the court enter its orders and judgments.
 (g) Authenticate, by certificate or transcript, as may be required, the records, files or proceedings of the court, or any document pertaining thereto, and filed with the officer.
 (h) In the performance of duties pertaining to the court, conform to the direction of the court.
 (3) A trial court administrator may take and certify the proof and acknowledgment of a conveyance of real property or any other written instrument authorized or required to be proved or acknowledged.
 (4) A trial court administrator may delegate powers of the office of trial court administrator to employees of the trial court administrator.
 (5) A trial court administrator shall designate a person to act as transcript coordinator for the court. [1981 s.s. c.3 §12; 1985 c.540 §22; 1993 c.223 §1; 1995 c.273 §4; 1997 c.801 §§117,117a; 2007 c.129 §8; 2015 c.212 §13]
 Section 8.235 - Trial court administrators as state employees.
 Section 8.245 - Trial court administrators and other personnel not to engage in private practice of law.
 Section 8.255 - Agreement between state and county to provide services with county employees; payment to county; supervision of employees.
 (2) County employees providing services under an agreement shall be under the supervision and control of the trial court administrator appointed under ORS 8.195. County employees providing services under an agreement are not thereby state employees. County employees providing services under an agreement shall not engage in the private practice of law.
 (3) With the prior approval of the State Court Administrator, a trial court administrator appointed under ORS 8.195, on behalf of the state, and the governing body of a county, on behalf of the county, may enter into an agreement under this section in respect to services for a circuit court for the county served by the trial court administrator. [1981 s.s. c.3 §16; 1995 c.781 §20; 1997 c.801 §120]
 Section 8.270 - Collective bargaining rights of court administrators and staff.
 Section 8.340 - Reporter’s duties.
 (2) A circuit court reporter shall be appointed under a personnel plan established by the Chief Justice of the Supreme Court. Reporters for a justice or municipal court are not subject to this subsection.
 (3) A reporter is an officer of the court in which the reporter serves and of any court to which an appeal is made whenever the reporter has recorded the proceedings that are the subject of the appeal.
 (4) Upon the trial or hearing of any cause, the judge or justice of the peace upon the motion of the judge or justice of the peace may, and upon the request of either party shall, order a report of the proceedings. The reporter shall, in the manner provided in subsection (5) of this section, make a report of the oral testimony and other proceedings of the trial or hearing to the extent required by the court or by the requesting party.
 (5) When a report is required, the reporter shall:
 (a) Take accurate notes by shorthand or by means of a mechanical or electronic typing device; or
 (b) Make audio records pursuant to policies and procedures established by the State Court Administrator.
 (6) The notes or audio records of the official reporter or a reporter providing services under subsection (7) of this section shall be filed in the office of the clerk of the court subject to the provisions of ORS 7.120 and except as provided in ORS 19.385.
 (7)(a) In any circuit court proceeding in which the court uses audio recording or video recording, any party may, with reasonable notice to the trial court, arrange for the reporting of the proceeding by stenographic means. A reporter providing stenographic reporting services under this paragraph shall be certified in shorthand reporting under ORS 8.415 to 8.455 or by a nationally recognized certification program. The party arranging for reporting of the proceeding by stenographic means must provide the court with the name of the reporter and an address and telephone number where the reporter may be contacted.
 (b) If all parties to the proceedings agree, the stenographic reporting of the proceedings by a reporter arranged for by a party may be used by the parties during the proceedings.
 (c) If all parties to the proceedings agree, the stenographic reporting of the proceedings by a reporter arranged for by a party is the official record of the proceedings for the purpose of a transcript on appeal. For all other purposes, the official record of the proceedings shall be the record produced by the reporting technique used by the court, unless otherwise ordered by the court.
 (d) Unless other parties agree to pay all or part of the cost of the reporter, the party arranging for the reporting of the proceeding by stenographic means under this subsection must pay all costs of the reporter and the cost of providing copies of the transcript to the court. [Amended by 1955 c.497 §2; 1971 c.565 §4; 1975 c.481 §2; 1981 s.s. c.3 §24; 1985 c.496 §9; 1985 c.540 §42; 1989 c.1009 §1; 1995 c.244 §5; 1999 c.682 §9; 2007 c.394 §1]
 Section 8.350 - Transcript of testimony.
 Section 8.360 - Certified report as prima facie correct; reading as deposition; proceedings where reporter has ceased to be official reporter.
 (2) When the official reporter in any cause has ceased to be the official reporter of that court, any transcript made from the notes or audio records by the former official reporter, or made by a competent person under direction of the court, and duly certified to by the maker, under oath, as a full, true and complete transcript of the notes or audio records, shall have the same force and effect as though certified in the same manner by the official reporter. [Amended by 1955 c.497 §4; 1979 c.284 §42; 1985 c.540 §44]
 Section 8.381
 Section 8.415 - Definitions for ORS 8.415 to 8.455.
 (1) "Administrator" means the State Court Administrator.
 (2) "Advisory committee" means the Certified Shorthand Reporters Advisory Committee created in ORS 8.455.
 (3) "Certified shorthand reporter" means an individual who has been certified to engage in the practice of stenographic reporting or voicewriting reporting under ORS 8.415 to 8.455.
 (4) "Stenographic reporting" means the making and transcribing of a verbatim record of any court proceeding, deposition, hearing or other proceeding by means of a written system of either manual or machine shorthand procedures.
 (5) "Voicewriting reporting" means the making and transcribing of a verbatim record of any court proceeding, deposition, hearing or other proceeding by:
 (a) Recording the words in the proceeding using a voice silencer for subsequent transcription; or
 (b) Using a computerized speech-recognition transcription program. [Formerly 703.400; 1997 c.249 §3; 2003 c.14 §6; 2013 c.470 §1]
 Section 8.420 - Qualifications and certification of shorthand reporters.
 (2) The administrator shall adopt policies necessary to administer ORS 8.415 to 8.455 and may appoint any committees necessary to function in accordance with ORS 8.415 to 8.455.
 (3) The administrator shall:
 (a) Adopt policies establishing the qualifications necessary for the issuance of a certificate of certified shorthand reporter. A shorthand reporter may be certified to perform stenographic reporting, voicewriting reporting, or both.
 (b) Determine the qualifications of persons applying for certificates under ORS 8.415 to 8.455.
 (c) Adopt policies for the examination of applicants and the issuing of certificates under ORS 8.415 to 8.455.
 (d) Grant certificates to qualified applicants upon compliance with ORS 8.415 to 8.455 and policies of the administrator.
 (e) Establish continuing education requirements for renewal of certificates.
 (f) Collect fees as set by the administrator.
 (g) Require the regular renewal of all certificates.
 (h) Establish a code of conduct and grounds for disciplinary action.
 (i) Investigate complaints regarding court reporters.
 (4) The Certified Shorthand Reporters Advisory Committee shall recommend:
 (a) Standards establishing the qualifications necessary for the issuance of a certificate of certified shorthand reporter;
 (b) Qualifications required of persons applying for certificates under ORS 8.415 to 8.455;
 (c) Procedures for the examination of applicants and the issuing of certificates under ORS 8.415 to 8.455;
 (d) Certificates be granted by the administrator to qualified applicants upon compliance with ORS 8.415 to 8.455 and policies of the administrator;
 (e) Continuing education requirements for renewal of certificates;
 (f) A code of conduct and grounds for suspension or revocation of certificates or other disciplinary action to the administrator;
 (g) Investigation of complaints regarding court reporters at the direction of the administrator; and
 (h) Any corrective action that may be required. [Formerly 703.402; 1997 c.249 §4; 2005 c.22 §2; 2013 c.155 §4; 2013 c.470 §2]
 Section 8.435 - Certificate of certified shorthand reporter; prohibition on use of title "certified shorthand reporter" unless certified.
 (2) Any person who has received from the administrator a certificate of "certified shorthand reporter" shall be styled and known as a "certified shorthand reporter" and may also use the abbreviation of "C.S.R."
 (3) A certificate shall be renewed regularly as provided by policies of the administrator.
 (4) Certificates issued by the administrator may be renewed upon payment of the fee established under ORS 8.445, completion of established continuing education requirements and compliance with the code of conduct policy as established by the administrator.
 (5) A person may not assume or use the title or designation "certified shorthand reporter" or the abbreviation "C.S.R." or any other title, designation, words, letters, abbreviation, sign or device tending to indicate that the person is a certified shorthand reporter unless the person has received a certificate as a certified shorthand reporter under ORS 8.415 to 8.455 and policies of the administrator that is not revoked, suspended or lapsed. [Formerly 703.406; 2013 c.155 §5; 2013 c.470 §3]
 Section 8.440 - Grounds for revocation, suspension or refusal to issue certificate.
 (a) Revoke, suspend or refuse to issue any certificate described in ORS 8.415 to 8.455 or policies of the administrator.
 (b) Require additional education or training.
 (2) The administrator may revoke, suspend or refuse to issue any certificate described in ORS 8.415 to 8.455 or policies of the administrator in the case of a violation of any provision of ORS 8.415 to 8.455 or policies of the administrator.
 (3) The administrator may require additional education or training if the administrator finds the person engages in or has engaged in conduct that evidences a lack of knowledge or ability to apply skills of stenographic reporting or voicewriting reporting. [Formerly 703.408; 2013 c.470 §4]
 Section 8.445 - Fees.
 (2) Fees collected under this section are nonrefundable.
 (3) The fees established under this section may not exceed the cost of administering and enforcing ORS 8.415 to 8.455. [Formerly 703.410; 2003 c.737 §99; 2013 c.155 §6; 2013 c.470 §5]
 Section 8.450 - Disposition of fees and other revenues.
 Section 8.455 - Advisory committee, membership; terms.
 (2) The term of a member of the advisory committee shall be three years. A member is eligible for reappointment to the advisory committee. Vacancies occurring shall be filled by appointment for the unexpired term.
 (3) The advisory committee shall organize by the election of one of its members as president and one as secretary.
 (4) A majority of the advisory committee shall constitute a quorum for all purposes. [Formerly 703.414; 2013 c.155 §7; 2013 c.470 §6]
 Section 8.610 - Election and term of office.
 Section 8.620 - Filing certificate of election.
 Section 8.630 - Qualifications; general powers and duties.
 Section 8.640 - Filling vacancies in office.
 Section 8.650 - District attorney as public prosecutor.
 Section 8.660 - Attending court and prosecuting offenses.
 (2) A district attorney shall not conduct prosecutions under this section when:
 (a) A city attorney is prosecuting a violation under ORS chapter 153; or
 (b) The district attorney is prohibited from appearing in a violation proceeding under the provisions of ORS 153.076. [Amended by 1975 c.451 §170; 1981 c.626 §1; 1981 c.692 §6a; 1999 c.1051 §116]
 Section 8.665 - Prosecuting violations.
 Section 8.670 - Proceedings before magistrates and grand jury.
 Section 8.675 - Priority given to administration of laws relating to public assistance and enforcement of support.
 Section 8.680 - Prosecuting and collecting penalties and forfeitures; prosecuting and defending for state.
 Section 8.685 - Assisting juvenile court; right to appear.
 (2) In counties having a population of more than 150,000, according to the latest federal decennial census, the district attorney shall designate a deputy to assist the juvenile court as provided in subsection (1) of this section.
 (3) The district attorney is entitled to appear on behalf of the state in the juvenile court in any matter within the jurisdiction of the court. [1959 c.432 §63 (enacted in lieu of 8.750); 1991 c.681 §4]
 Section 8.690 - Advising and representing county officers and employees.
 Section 8.700 - Register to be kept.
 Section 8.710 - Disqualification; appointment of special district attorney.
 Section 8.720 - Receiving private fee in criminal action; acting as attorney in civil action involving same controversy.
 Section 8.726 - District attorneys and deputies prohibited from engaging in private practice of law; exception.
 (2) A district attorney or deputy district attorney may engage in volunteer or pro bono legal work. [1965 c.633 §2; 1971 c.583 §1; 1975 c.378 §7; 1977 c.834 §5; 1979 c.418 §8; 1981 c.908 §2; 2007 c.658 §1]
 Section 8.730 - Partner prosecuting or defending certain cases.
 Section 8.760 - Deputies may be authorized and paid by county.
 Section 8.780 - Appointment of deputies; qualifications; duties.
 Section 8.790 - Compensation of district attorney and deputies limited to salaries.
 Section 8.830 - Additional compensation from county for district attorney and deputies paid by state.
 Section 8.850 - Offices, supplies and stenographic assistance for district attorneys and deputies.
 Section 8.852 - Salary plan for district attorneys.
 Chapter 009 - Attorneys; Law Libraries
 Section 9.005 - Definitions for ORS 9.005 to 9.757.
 (1) "Attorney" and "member" mean a member of the bar.
 (2) "Board" and "board of governors" mean the board of governors of the bar.
 (3) "Delegate" means a delegate of the house of delegates of the Oregon State Bar.
 (4) "Governor" means a member of the board of governors of the bar.
 (5) "House" and "house of delegates" mean the house of delegates of the Oregon State Bar.
 (6) "Oregon State Bar," "state bar" and "bar" mean the Oregon State Bar created by the State Bar Act set forth in ORS 9.005 to 9.757.
 (7) "Rules of procedure" means the rules of procedure relative to admission, discipline, resignation and reinstatement of members of the bar adopted by the board and approved by the Supreme Court. [1975 c.641 §2; 1979 c.252 §14; 1995 c.302 §15; 1997 c.249 §5; 2017 c.94 §3]
 Section 9.010 - Status of attorney and Oregon State Bar; applicability of statutes.
 (2) The Oregon State Bar is a public corporation and an instrumentality of the Judicial Department of the government of the State of Oregon. The bar is authorized to carry out the provisions of ORS 9.005 to 9.757.
 (3) The bar is subject to the following statutes applicable to public bodies:
 (a) ORS 30.210 to 30.250.
 (b) ORS 30.260 to 30.300.
 (c) ORS 30.310, 30.312, 30.390 and 30.400.
 (d) The Oregon Rules of Civil Procedure.
 (e) ORS 192.311 to 192.478.
 (f) ORS 192.610 to 192.690.
 (g) ORS 243.401 to 243.507.
 (h) ORS 244.010 to 244.040.
 (i) ORS 297.110 to 297.230.
 (j) ORS chapters 307, 308 and 311.
 (k) ORS 731.036 and 737.600.
 (4) Except as provided in subsection (3) of this section, the bar is not subject to any statute applicable to a state agency, department, board or commission or public body unless the statute expressly provides that it is applicable to the Oregon State Bar.
 (5) The Oregon State Bar has perpetual succession and a seal, and may sue and be sued. Notwithstanding the provisions of ORS 270.020 and 279.835 to 279.855 and ORS chapters 278, 279A, 279B and 279C, the bar may, in its own name, for the purpose of carrying into effect and promoting its objectives, enter into contracts and lease, acquire, hold, own, encumber, insure, sell, replace, deal in and with and dispose of real and personal property.
 (6) No obligation of any kind incurred or created under this section shall be, or be considered, an indebtedness or obligation of the State of Oregon. [Amended by 1955 c.463 §1; 1965 c.461 §1; 1985 c.446 §1; 1997 c.249 §6; 2003 c.794 §194; 2007 c.60 §1]
 Section 9.025 - Board of governors; number; eligibility; term.
 (A) Fourteen of the members shall be active members of the Oregon State Bar elected from the regions established under subsection (2)(a) of this section. A member elected under this subparagraph must maintain the member’s principal office in the region for which the member seeks election throughout the member’s candidacy and term of office.
 (B) One member shall be an active member of the Oregon State Bar elected from the region established under subsection (2)(b) of this section. The member elected under this subparagraph must maintain the member’s principal office in the region established under subsection (2)(b) of this section throughout the member’s candidacy and term of office.
 (C) Four of the members shall be appointed by the board of governors from among the public. The public members must be residents of this state throughout their terms of office and may not be active or inactive members of the Oregon State Bar.
 (b) A person charged with official duties under the executive and legislative departments of state government, including but not limited to elected officers of state government, may not serve on the board of governors. Any other person in the executive or legislative department of state government who is otherwise qualified may serve on the board of governors.
 (2) The board of governors shall establish regions for the purpose of electing board members as follows:
 (a) The board shall divide the State of Oregon into regions for the purpose of electing board members described in subsection (1)(a)(A) of this section. Regions established under this paragraph must be based on the number of attorneys who have their principal offices in the region. To the extent that it is reasonably possible, regions established under this paragraph must be configured by the board so that the representation of board members to attorney population in each region is equal to the representation provided in other regions. At least once every 10 years the board shall review the number of attorneys in the regions and shall alter or add regions as the board determines is appropriate in seeking to attain the goal of equal representation.
 (b) The board shall establish one region composed of all areas not located in the State of Oregon for the purpose of electing the board member described in subsection (1)(a)(B) of this section.
 (3) Members of the board of governors may be elected only by the active members of the Oregon State Bar who maintain their principal offices in the regions established by the board under subsection (2) of this section. The regular term of a member of the board is four years. The board may establish special terms for positions that are shorter than four years for the purpose of staggering the terms of members of the board. The board must identify a position with a special term before accepting statements of candidacy for the region in which the position is located. The board shall establish rules for determining which of the elected members for a region is assigned to the position with a special term.
 (4) A judge of a municipal, state or federal court or any other full-time judicial officer is not eligible for appointment or election to the board of governors.
 (5) The term of any member of the board of governors terminates on the date of the death or resignation of the member or, if the member of the board is required to be a member of the Oregon State Bar, the term terminates on the date:
 (a) Of the termination of active membership in the Oregon State Bar for any reason;
 (b) When the member discontinues to maintain the principal office of law practice in the region in which it was maintained at the time of the appointment or election of the member; or
 (c) When the member assumes office as a judge of a municipal, state or federal court, or fills a full-time judicial office.
 (6) A member of the board of governors is not eligible during the member’s term of office for service pro tempore as a judge of any municipal, state or federal court. [1973 c.114 §1; 1981 c.193 §3; 1993 c.307 §1; 1995 c.302 §1; 2009 c.218 §1; 2011 c.303 §1; 2015 c.122 §1]
 Section 9.030 - Voting rights; eligibility of members for board of governors and house of delegates.
 (2) An active member of the Oregon State Bar is eligible to be a candidate for, and to be appointed or elected to, the board of governors or house of delegates to represent the region in which the bar member maintains the member’s principal office. [Amended by 1971 c.103 §2; 1973 c.114 §2; 1995 c.302 §16; 2011 c.303 §2]
 Section 9.040 - Election of governors; rules; vacancies.
 (2)(a) The bar shall distribute ballots containing the names of the candidates for the office of governor in each region to every active member in the region. Voting must be completed on or before the day of the election. The chief executive officer shall canvass the votes and record the results of the election.
 (b) The board by rule may provide for electronic elections under paragraph (a) of this subsection. Rules adopted under this paragraph may provide for electronic distribution of election materials and electronic tabulation of votes.
 (3) In a region in which only one position is to be filled, the candidate receiving the highest vote shall be declared elected. If a region has more than one position to be filled, the candidate with the most votes received shall be declared elected, the candidate with the next highest number of votes received shall then be declared elected, and so on until all positions are filled. The balloting shall be conducted so that only eligible active members can vote, and the secrecy of the ballot shall be preserved.
 (4) Notwithstanding subsection (1) of this section, the board may not conduct an election for a region if the number of candidates for the region is equal to or less than the number of open positions for the region. If the number of candidates for the region is equal to or less than the number of open positions for the region, the board shall declare the candidate or candidates elected on a date specified by the board.
 (5) A vacancy in the office of elective member of the board of governors that occurs more than 24 months before the expiration of the term shall be filled for the remainder of the term by a governor elected at a special election held in the manner provided in this section as soon as possible after the occurrence of the vacancy, or as provided in subsection (4) of this section if there is only one candidate. The vacancy may be filled for the period between the occurrence of the vacancy and the election of a new governor by a person appointed by the board. A vacancy in the office of elective member that occurs 24 months or less before the expiration of the term shall be filled for the remainder of the term by a person appointed by the board.
 (6) A vacancy in the office of public member of the board of governors shall be filled for the remainder of the term by a governor appointed by the board. [Amended by 1973 c.114 §3; 1979 c.252 §15; 1985 c.512 §1; 1995 c.302 §2; 2001 c.297 §1; 2003 c.192 §1; 2005 c.347 §1; 2011 c.303 §3; 2017 c.94 §4]
 Section 9.042 - Determination of eligibility of candidate for board of governors; procedure; review by Supreme Court.
 (2) The board shall give written notice to the candidate, and to any member of the bar who has requested a determination on the eligibility of the candidate under the provisions of this section, of the board’s determination on the candidate’s eligibility. The notice must be given not later than 75 days after the final day on which statements of candidacy are required to be filed. The notice shall state the specific grounds for the board’s determination.
 (3) A candidate, or a member of the bar who has requested a determination on the eligibility of a candidate under the provisions of this section, may file a petition for review of the board’s determination with the Supreme Court. The petition for review must be filed within 15 days only after notice is given to a candidate or member under subsection (2) of this section.
 (4) Upon the timely filing of a petition for review under subsection (3) of this section, the Supreme Court has jurisdiction to resolve all issues arising under the Oregon Constitution, state statutes, rules of the court and rules of the board that are related to the eligibility of candidates for the board.
 (5) The board of governors shall establish procedures for the implementation of subsections (1) and (2) of this section. The procedures shall be designed to ensure that there will be a final determination on the eligibility of a candidate for the board no later than 10 days before the distribution of the ballots to members of the bar in the election that is affected by the determination.
 (6) This section provides the exclusive procedure for challenging the eligibility of a candidate for the board. No other administrative or judicial proceeding may be brought to challenge the eligibility of a candidate for the board. [1993 c.307 §3; 2011 c.303 §4; 2017 c.94 §5]
 Section 9.050 - Recall of governors.
 (2) On the affirmative vote of two-thirds of the entire membership of the board of governors, the board shall refer the question of the recall of any governor from any region to a vote of the members of that region. The chief executive officer shall serve notice as soon as possible on the governor informing the governor that the board has approved a recall election. If the governor does not resign within 10 days after the notice is served, the chief executive officer shall distribute ballots to each active member of the bar within the region eligible to vote, submitting the question whether the governor shall be recalled. If a majority of the members voting at the election vote in favor of the recall, the governor is recalled.
 (3) The board of governors shall approve the ballot and any information submitted to the members in connection with a recall vote. [Amended by 1973 c.114 §4; 1979 c.252 §16; 2003 c.14 §8; 2005 c.347 §2; 2017 c.94 §6]
 Section 9.055 - Chief executive officer.
 Section 9.060 - President, president-elect and immediate past president.
 Section 9.070 - Duties of president and president-elect; deposit and disbursement of fees.
 (2) All fees shall be paid into the treasury of the Oregon State Bar, and when so paid shall become part of its funds and shall be disbursed only on order of the board of governors. [Amended by 1981 c.193 §4; 1991 c.331 §1; 1995 c.302 §4; 2017 c.94 §14]
 Section 9.080 - Duties of board of governors; professional liability fund; quorum; status of employees of bar.
 (2)(a)(A) The board has the authority to require all active members of the state bar engaged in the private practice of law whose principal offices are in Oregon to carry professional liability insurance and is empowered, either by itself or in conjunction with other bar organizations, to do whatever is necessary and convenient to implement this provision, including the authority to own, organize and sponsor any insurance organization authorized under the laws of the State of Oregon and to establish a lawyer’s professional liability fund. This fund shall pay, on behalf of active members of the state bar engaged in the private practice of law whose principal offices are in Oregon, all sums as may be provided under such plan which any such member shall become legally obligated to pay as money damages because of any claim made against such member as a result of any act or omission of such member in rendering or failing to render professional services for others in the member’s capacity as an attorney or caused by any other person for whose acts or omissions the member is legally responsible.
 (B) The board has the authority to assess each active member of the state bar engaged in the private practice of law whose principal office is in Oregon for contributions to the professional liability fund and to establish the date by which contributions must be made.
 (C) The board has the authority to establish definitions of coverage to be provided by the professional liability fund and to retain or employ legal counsel to represent the fund and defend and control the defense against any covered claim made against the member.
 (D) The board has the authority to offer optional professional liability coverage on an underwritten basis above the minimum required coverage limits provided under the professional liability fund, either through the fund, through a separate fund or through any insurance organization authorized under the laws of the State of Oregon, and may do whatever is necessary and convenient to implement this provision. Any fund so established shall not be subject to the Insurance Code of the State of Oregon.
 (E) Records of a claim against the professional liability fund are exempt from disclosure under ORS 192.311 to 192.478.
 (b) For purposes of paragraph (a) of this subsection, an attorney is not engaged in the private practice of law if the attorney is a full-time employee of a corporation other than a corporation incorporated under ORS chapter 58, the state, an agency or department thereof, a county, city, special district or any other public or municipal corporation or any instrumentality thereof. However, an attorney who practices law outside of the attorney’s full-time employment is engaged in the private practice of law.
 (c) For the purposes of paragraph (a) of this subsection, the principal office of an attorney is considered to be the location where the attorney engages in the private practice of law more than 50 percent of the time engaged in that practice. In the case of an attorney in a branch office outside Oregon and the main office to which the branch office is connected is in Oregon, the principal office of the attorney is not considered to be in Oregon unless the attorney engages in the private practice of law in Oregon more than 50 percent of the time engaged in the private practice of law.
 (3) The board may appoint such committees, officers and employees as it deems necessary or proper and fix and pay their compensation and necessary expenses. At any meeting of the board, two-thirds of the total number of members then in office shall constitute a quorum. It shall promote and encourage voluntary county or other local bar associations.
 (4) Except as provided in this subsection, an employee of the state bar shall not be considered an "employee" as the term is defined in the public employees’ retirement laws. However, an employee of the state bar may, at the option of the employee, for the purpose of becoming a member of the Public Employees Retirement System, be considered an "employee" as the term is defined in the public employees’ retirement laws. The option, once exercised by written notification directed to the Public Employees Retirement Board, may not be revoked subsequently, except as may otherwise be provided by law. Upon receipt of such notification by the Public Employees Retirement Board, an employee of the state bar who would otherwise, but for the exemption provided in this subsection, be considered an "employee," as the term is defined in the public employees’ retirement laws, shall be so considered. The state bar and its employees shall be exempt from the provisions of the State Personnel Relations Law. No member of the state bar shall be considered an "employee" as the term is defined in the public employees’ retirement laws, the unemployment compensation laws and the State Personnel Relations Law solely by reason of membership in the state bar. [Amended by 1955 c.463 §2; 1975 c.641 §3; 1977 c.527 §1; 1979 c.508 §1; 1983 c.128 §2; 1985 c.486 §1; 1989 c.1052 §5; 1995 c.302 §17; 2015 c.122 §4]
 Section 9.090 - Appropriation and disbursement of funds.
 Section 9.100 - Statement of financial condition.
 Section 9.110 - Board of governors to formulate rules.
 Section 9.112 - Board of governors to establish minimum continuing legal education requirements.
 Section 9.114 - Mandatory training on duties relating to reporting child abuse and abuse of elderly persons; rules.
 Section 9.132
 Section 9.136 - House of delegates created; membership; terms.
 (2) The members of the board of governors of the Oregon State Bar are ex officio voting delegates.
 (3) The chairperson of each Oregon State Bar section is an ex officio voting delegate.
 (4) The elected president of each county bar association is an ex officio voting delegate. Not more than one county bar association from each county may be represented by a delegate under this subsection.
 (5) Elected delegates shall be elected from the regions established by ORS 9.025. Only active members of the bar may vote for delegates. A member may vote for delegates from the region in which the member maintains the member’s principal office.
 (6) Each region shall elect at least five delegates. If more than 550 active members maintain their principal offices in the region, the members shall elect delegates as follows:
 (a) The members shall elect one delegate for each 100 members who maintain their principal offices in the region.
 (b) The members shall elect one additional delegate if more than 50 members who maintain their principal offices in the region are not accounted for after the allocation provided for in paragraph (a) of this subsection.
 (7) Elected delegates shall serve for terms of three years. A vacancy in the office of an elected delegate shall be filled for the remainder of the term by a delegate appointed by the board of governors.
 (8) An elected delegate may not serve as a member of the board of governors, as a section chairperson or as a county bar association president during the delegate’s term.
 (9) For the purposes of this section, "county bar association" means a general purpose bar association established by the lawyers of one or more counties for the purpose of maintaining good professional relations between members of the bench and of the bar in the county or counties, and for the purpose of improving the administration of justice in the county or counties. [1995 c.302 §7; 2001 c.297 §2; 2015 c.122 §2]
 Section 9.139 - Powers of house of delegates.
 (a) Modify or rescind an action or decision of the board of governors.
 (b) Direct the board of governors as to future action.
 (2) The board of governors is bound by a decision of the house of delegates made in the manner prescribed by subsection (1) of this section.
 (3) The power of the house of delegates to direct, modify or rescind an action or decision of the board of governors under subsection (1) of this section does not include the power:
 (a) To invalidate payments previously made at the direction of the board;
 (b) To direct, modify or rescind any assessment by the board for contributions to a professional liability fund established under ORS 9.080; or
 (c) To direct, modify or rescind any other action or decision by the board that is subject to control, approval or review by the Supreme Court.
 (4) Subsection (3)(c) of this section does not affect the ability of the house of delegates to formulate disciplinary rules under ORS 9.490. [1995 c.302 §8]
 Section 9.142 - Rules for conduct of business; meetings.
 (2) The board of governors shall set a time and place for the annual meeting of the house of delegates. At the annual meeting, the board of governors shall submit to the house of delegates reports of the proceedings by the board since the last meeting of the house, reports of the officers and committees of the state bar and recommendations of the board. [1995 c.302 §9]
 Section 9.145 - Public members.
 Section 9.148 - Participation by nondelegates; referral of question for vote; petition for consideration or vote.
 (2) The board of governors or the house of delegates, acting on its own motion, may refer to the members of the bar by ballot any question or measure considered by the board or house to be appropriate for submission to a vote of the members. Referral may be made under this subsection at any time.
 (3) Active members of the state bar, by written petition signed by at least two percent of all active members, may have placed on the agenda of a meeting of the house of delegates any question or measure appropriate for a vote of the house. The petition shall contain the full text of the question or measure proposed. The petition must be filed with the chief executive officer of the bar at least 45 days before the annual or special meeting of the house specified in the petition at the meeting when the petitioners seek to have the question or measure considered.
 (4) Active members of the state bar, by written petition signed by no fewer than five percent of all active members, may request that the board of governors submit to a vote of the members any question or measure. The board of governors shall submit the question or measure to a vote of the members of the bar if the question or measure is appropriate for a vote of the members. The initiative petition must contain the full text of the question or measure proposed. [1995 c.302 §11; 2017 c.94 §8]
 Section 9.150 - Termination of delegate’s term.
 (1) Terminates the delegate’s active membership in the Oregon State Bar for any reason;
 (2) Ceases to maintain the delegate’s principal office in the region the delegate was appointed or elected to represent;
 (3) Takes office as a member of the board of governors, as a chairperson of a state bar section or as a county bar association president; or
 (4) Is recalled pursuant to ORS 9.155. [1995 c.302 §12; 2001 c.297 §4]
 Section 9.152 - Election of delegates; rules.
 (2)(a) The bar shall distribute ballots containing the names of the candidates for the office of delegate in each region to every active member in the region. Voting must be completed on or before the day of the election. The chief executive officer shall canvass the votes and record the results of the election.
 (b) The board by rule may provide for electronic elections under paragraph (a) of this subsection. Rules adopted under this paragraph may provide for electronic distribution of election materials and electronic tabulation of votes.
 (3) In a region in which only one position is to be filled, the candidate receiving the highest vote shall be declared elected. If a region has more than one position to be filled, the candidate with the most votes received shall be declared elected, the candidate with the next highest number of votes received shall then be declared elected, and so on until all positions are filled. The balloting shall be conducted so that only eligible active members can vote, and the secrecy of the ballot shall be preserved.
 (4) Notwithstanding subsection (1) of this section, the board may not conduct an election for a region if the number of candidates for the region is equal to or less than the number of open positions for the region. If the number of candidates for the region is equal to or less than the number of open positions for the region, the board shall declare the candidate or candidates elected on a date specified by the board. [1995 c.302 §13; 2001 c.297 §5; 2003 c.192 §2; 2011 c.303 §5; 2017 c.94 §9]
 Section 9.155 - Recall of delegate.
 Section 9.160 - Bar membership required to practice law; exceptions.
 (2) Subsection (1) of this section does not affect the right to prosecute or defend a cause in person as provided in ORS 9.320.
 (3) An individual licensed under ORS 696.022 acting in the scope of the individual’s license to arrange a real estate transaction, including the sale, purchase, exchange, option or lease coupled with an option to purchase, lease for a term of one year or longer or rental of real property, is not engaged in the practice of law in this state in violation of subsection (1) of this section.
 (4) A title insurer authorized to do business in this state, a title insurance agent licensed under the laws of this state or an escrow agent licensed under the laws of this state is not engaged in the practice of law in this state in violation of subsection (1) of this section if, for the purposes of a transaction in which the insurer or agent provides title insurance or escrow services, the insurer or agent:
 (a) Prepares any satisfaction, reconveyance, release, discharge, termination or cancellation of a lien, encumbrance or obligation;
 (b) Acts pursuant to the instructions of the principals to the transaction as scrivener to fill in blanks in any document selected by the principals;
 (c) Presents to the principals to the transaction for their selection any blank form prescribed by statute, rule, ordinance or other law; or
 (d) Presents to the principals to the transaction for their selection a blank form prepared or approved by a lawyer licensed to practice law in this state for one or more of the following:
 (A) A mortgage.
 (B) A trust deed.
 (C) A promissory note.
 (D) An assignment of a mortgagee’s interest under a mortgage.
 (E) An assignment of a beneficial interest under a trust deed.
 (F) An assignment of a seller’s or buyer’s interest under a land sale contract.
 (G) A power of attorney.
 (H) A subordination agreement.
 (I) A memorandum of an instrument that is to be recorded in place of the instrument that is the subject of the memorandum.
 (5) In performing the services permitted in subsection (4) of this section, a title insurer, a title insurance agent or an escrow agent may not draft, select or give advice regarding any real estate document if those activities require the exercise of informed or trained discretion.
 (6) The exemption provided by subsection (4) of this section does not apply to any acts relating to a document or form that are performed by an escrow agent under subsection (4)(b), (c) or (d) of this section unless the escrow agent provides to the principals to the transaction a notice in at least 12-point type as follows:
 ______________________________________________________________________________
 YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT.
 ______________________________________________________________________________
 (7) The exemption provided by subsection (4) of this section does not apply to any acts relating to a document or form that are performed by an escrow agent under subsection (4)(b), (c) or (d) of this section for a real estate sale and purchase transaction in which all or part of the purchase price consists of deferred payments by the buyer to the seller unless the escrow agent provides to the principals to the transaction:
 (a) A copy of any proposed instrument of conveyance between the buyer and seller to be used in the transaction;
 (b) A copy of any proposed deferred payment security instrument between the buyer and seller to be used in the transaction; and
 (c) A copy of any proposed promissory note or other evidence of indebtedness between the buyer and seller to be used in the transaction.
 (8) The notice and copies of documents that must be provided under subsections (6) and (7) of this section must be delivered in the manner most likely to ensure receipt by the principals to the transaction at least three days before completion of the transaction. If copies of documents have been provided under subsection (7) of this section and are subsequently amended, copies of the amended documents must be provided before completion of the transaction.
 (9) Failure of any person to comply with the requirements of subsections (3) to (8) of this section does not affect the validity of any transaction and may not be used as a basis to challenge any transaction. [Amended by 2003 c.260 §1; 2007 c.319 §24; 2009 c.218 §4]
 Section 9.162 - Definitions for ORS 9.160 to 9.166.
 (1) "Person" means a human being, a public body as defined by ORS 174.109, a public or private corporation, an unincorporated association, a partnership, a limited liability company or any other business entity created under law.
 (2) "Restitution" means full, partial or nominal payment of pecuniary damages to a victim.
 (3) "Victim" means any person who the court determines has suffered pecuniary damages as a result of any other person’s violation of ORS 9.160. [1987 c.860 §2; 2009 c.218 §3]
 Section 9.164 - Investigation of alleged violation of ORS 9.160.
 Section 9.166 - Enjoining practicing law without a license; restitution to victim.
 Section 9.180 - Classes of membership.
 Section 9.191 - Annual membership fees; professional liability assessments.
 (2) The board shall establish prorated membership fees payable for the year that a member is admitted to the practice of law in this state. If the new member is admitted on or before the date established by the board for the payment of annual membership fees under subsection (1) of this section, the new member must pay the full annual membership fees established under subsection (1) of this section.
 (3) In establishing annual membership fees, the board shall consider and be guided by the anticipated financial needs of the state bar for the year for which the fees are established, time periods of membership and active or inactive status of members. Annual membership fees may include any amount assessed under any plan for professional liability insurance for active members engaged in the private practice of law whose principal offices are in Oregon as provided in ORS 9.080 (2). The board may not require that a member who has been admitted to practice law in Oregon for 50 years or more pay membership fees, assessments or any amount under ORS 9.645, except that the member shall be required to pay any amount assessed under any plan for professional liability insurance if the member is engaged in the private practice of law and the member’s principal office is in Oregon. [1969 c.602 §2 (enacted in lieu of 9.190); 1973 c.21 §1; 1975 c.641 §5; 1977 c.527 §2; 1979 c.508 §3; 1985 c.486 §2; 1985 c.512 §3; 1995 c.302 §18; 1999 c.171 §7; 2001 c.104 §2; 2003 c.192 §3]
 Section 9.200 - Effect of failure to pay membership fees; reinstatement.
 (2) An active member delinquent in the payment of fees or contributions is not entitled to vote.
 (3) A member delinquent in the payment of fees or contributions may be assessed a late payment penalty determined by the board of governors.
 (4) A member suspended for delinquency under this section may be reinstated only on compliance with the rules of the Supreme Court and the rules of procedure and payment of all required fees or contributions. [Amended by 1957 c.271 §1; 1961 c.499 §2; subsection (2) formerly part of 9.190; 1979 c.508 §4a; 2013 c.3 §2; 2015 c.122 §5; 2017 c.94 §11]
 Section 9.210 - Board of bar examiners; fees of applicants for admission to bar.
 (2) The board shall examine applicants, investigate applicants’ character and fitness and recommend to the Supreme Court for admission to practice law those who fulfill the requirements prescribed by law and the rules of the Supreme Court.
 (3) With the approval of the Supreme Court, the board may fix and collect fees to be paid by applicants for admission, which fees shall be paid into the treasury of the bar.
 (4) Applications for admission and any other material pertaining to individual applicants are confidential and may be disclosed only as provided in the rules of the Supreme Court. The board’s consideration of an individual applicant’s qualifications is a judicial proceeding for purposes of ORS 192.610 to 192.690. [Amended by 1979 c.252 §20; 1981 c.193 §6; 2015 c.122 §6]
 Section 9.220 - General requirements for admission.
 (1) Is at least 18 years old, which proof may be made by the applicant’s affidavit.
 (2)(a) Is a person of good moral character and fit to practice law.
 (b) For purposes of this section and ORS 9.025, 9.070, 9.110, 9.210, 9.250 and 9.527, the lack of "good moral character" may be established by reference to acts or conduct that reflect moral turpitude or to acts or conduct which would cause a reasonable person to have substantial doubts about the individual’s honesty, fairness and respect for the rights of others and for the laws of the state and the nation. The conduct or acts in question should be rationally connected to the applicant’s fitness to practice law.
 (3) Has the requisite learning and ability, which must be shown by the examination of the applicant, by the judges or under their direction. However, no rule shall establish any maximum on the number of times an applicant may apply for and take the bar examination whenever presented if the reason for refusing admission to practice law is failure to pass the bar examination. [Amended by 1973 c.827 §2; 1981 c.193 §7; 1983 c.373 §2; 1985 c.599 §1; 1991 c.726 §3; 1995 c.302 §21; 1999 c.171 §3]
 Section 9.241 - Practice of law by attorneys licensed in other jurisdictions; rules; fee.
 (2) Notwithstanding ORS 9.160, the Supreme Court may adopt rules pursuant to the procedures established by ORS 9.490 that allow attorneys who have not been admitted to practice law in this state to practice law in Oregon on a temporary basis, including performing transactional or prelitigation work.
 (3) The Supreme Court may by rule require the payment of a fee by an attorney appearing as counsel for a party in an action or proceeding before a court under the provisions of subsection (1) of this section. All amounts collected from any fee imposed by the Supreme Court under the provisions of this subsection shall be deposited with the Oregon State Bar and are continuously appropriated to the Oregon State Bar. Amounts appropriated to the Oregon State Bar under this subsection may be used only for the funding of legal services provided through the Legal Services Program established under ORS 9.572 and for expenses incurred by the Oregon State Bar in the administration of the Legal Services Program and in collecting fees imposed under this subsection. [1993 c.213 §1; 2001 c.223 §1; 2003 c.260 §5]
 Section 9.242 - Advice on law of foreign jurisdiction; rules.
 (2) As used in this section, "foreign jurisdiction" means any nation, country, state, political or other entity other than any state of the United States, the District of Columbia, Puerto Rico or a United States Territory or possession. [1989 c.1052 §2]
 Section 9.250 - Order for admission; oath of qualified applicant.
 (2) The applicant shall execute a written oath that in the practice of law the applicant will support the Constitution and laws of the United States and of this state, and be of faithful and honest demeanor in office. The applicant is entitled to practice as an attorney after the State Court Administrator has received the oath executed under this subsection. [Amended by 1973 c.827 §3; 1981 c.193 §8; 1989 c.1052 §6; 1991 c.726 §4; 1997 c.388 §3]
 Section 9.261 - Resignation of attorney.
 (2) An attorney who has resigned may be readmitted to practice only in compliance with rules adopted pursuant to ORS 9.542. [1989 c.1052 §8 (enacted in lieu of 9.260)]
 Section 9.280 - Prohibition on acting as immigration consultant; definitions; exception.
 (2) As used in this section, unless the context or subject matter requires otherwise:
 (a) "Immigration consultant" means any person who gives advice on an immigration matter, including but not limited to drafting an application, brief, document, petition or other paper or completing a form provided by a federal or state agency in an immigration matter.
 (b) "Immigration matter" means any proceeding, filing or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Department of Homeland Security, the United States Department of Justice, the United States Department of State or the United States Department of Labor.
 (3) This section does not apply to any person or qualified designated entity authorized by federal law to represent persons before the United States Department of Homeland Security or the United States Department of Justice. [1987 c.860 §5; 2007 c.61 §1]
 Section 9.310 - Attorney defined; counsel.
 Section 9.320 - Necessity for employment of attorney; effect of employment.
 Section 9.330 - Authority of attorney.
 Section 9.340 - Challenge by party of attorney’s authority to appear for party.
 Section 9.350 - Challenge of attorney’s authority to appear for adverse party.
 Section 9.360 - Compelling delivery by attorney of money or papers.
 Section 9.370 - Compelling delivery when attorney claims lien.
 (1) Impose, as a condition of making the order, the requirement that the client give security, in form and amount to be directed, to satisfy the lien when determined in an action or suit;
 (2) Summarily inquire into the facts on which the claim of a lien is founded, and determine the same; or
 (3) Direct the trial of the controversy by a jury, or refer it, and upon the verdict or report, determine the same as in other cases. [Amended by 1975 c.648 §70; 1991 c.67 §2; 2003 c.14 §9]
 Section 9.380 - Changing attorneys and terminating attorney-client relationship.
 (a) Before judgment or final determination, upon the consent of the attorney filed with the clerk or entered in the appropriate record of the court; or
 (b) At any time, upon the order of the court, based on the application of the client or the attorney, for good and sufficient cause.
 (2) The relationship of attorney and client may be terminated after the entry of a judgment or other final determination in an action or proceeding by the filing of a notice of termination of the relationship in the action or proceeding. The notice must be signed by the attorney and must state that all services required of the attorney under the agreement between the attorney and the client have been provided. [Amended by 1985 c.540 §24; 2003 c.576 §278; 2011 c.60 §1]
 Section 9.390 - Notice of change or termination.
 Section 9.400
 Section 9.460 - Duties of attorneys.
 (1) Support the Constitution and laws of the United States and of this state;
 (2) Employ, for the purpose of maintaining the causes confided to the attorney, such means only as are consistent with truth, and never seek to mislead the court or jury by any artifice or false statement of law or fact;
 (3) Maintain the confidences and secrets of the attorney’s clients consistent with the rules of professional conduct established pursuant to ORS 9.490; and
 (4) Never reject, for any personal consideration, the cause of the defenseless or the oppressed. [Amended by 1989 c.1052 §9; 1991 c.726 §5]
 Section 9.480
 Section 9.490 - Formulation of rules of professional conduct; prohibition on certain sanctions for violation of rule.
 (2) A court of this state may not order that evidence be suppressed or excluded in any criminal trial, grand jury proceeding or other criminal proceeding, or order that any criminal prosecution be dismissed, solely as a sanction or remedy for violation of a rule of professional conduct adopted by the Supreme Court. [Amended by 1995 c.302 §19; 1995 c.708 §2]
 Section 9.500 - Solicitation of personal injury business by nonlawyer.
 Section 9.505 - Payment for referring claims resulting from personal injury or death.
 Section 9.510 - Solicitation by attorneys.
 Section 9.515 - Referral of claims, suits or actions between attorneys; division of fees.
 (2) The provisions of ORS 9.505 shall not prohibit the referral of claims, suits or actions between attorneys or the dividing of fees for legal services with another lawyer consistent with the rules of professional conduct adopted pursuant to ORS 9.490. [1961 c.561 §§2,3; 1989 c.1052 §10]
 Section 9.520 - Acceptance and prosecution of solicited claims.
 Section 9.527 - Grounds for disbarment, suspension or reprimand.
 (1) The member has committed an act or carried on a course of conduct of such nature that, if the member were applying for admission to the bar, the application should be denied;
 (2) The member has been convicted in any jurisdiction of an offense which is a misdemeanor involving moral turpitude or a felony under the laws of this state, or is punishable by death or imprisonment under the laws of the United States, in any of which cases the record of the conviction shall be conclusive evidence;
 (3) The member has willfully disobeyed an order of a court requiring the member to do or forbear an act connected with the legal profession;
 (4) The member is guilty of willful deceit or misconduct in the legal profession;
 (5) The member is guilty of willful violation of any of the provisions of ORS 9.460 or 9.510;
 (6) The member is guilty of gross or repeated negligence or incompetence in the practice of law; or
 (7) The member has violated any of the provisions of the rules of professional conduct adopted pursuant to ORS 9.490. [Formerly 9.480; 1989 c.1052 §11]
 Section 9.528 - Advice on conducting covert operations; participation in covert operations.
 (a) May provide legal advice and direction to the officers and employees of a public body, as defined in ORS 192.311, or to the officers and employees of the federal government, on conducting covert activities for the purpose of enforcing laws, even though the activities may require the use of deceit or misrepresentation; and
 (b) May participate in covert activities that are conducted by public bodies, as defined in ORS 192.311, for the purpose of enforcing laws, or in covert activities that are conducted by the federal government for the purpose of enforcing laws, even though the participation may require the use of deceit or misrepresentation.
 (2) The provisions of this section apply to the Attorney General, the Deputy Attorney General, assistant attorneys general, district attorneys, deputy district attorneys and any other attorney employed by, or working on behalf of, a public body, as defined in ORS 192.311, or the federal government. [2001 c.667 §2]
 Section 9.529 - Status of proceedings relating to discipline, admission or reinstatement.
 Section 9.532 - State professional responsibility board.
 Section 9.534 - Disciplinary board; procedure before board; oaths; subpoenas; hearing; record.
 (2) A member, formally accused of misconduct by the bar, shall be given reasonable written notice of the charges against the member, a reasonable opportunity to defend against the charges, the right to be represented by counsel, and the right to examine and cross-examine witnesses. The member has the right to appear and testify, and the right to the issuance of subpoenas for attendance of witnesses and the production of books, papers or documents in the defense of the member.
 (3) Rules of evidence and discovery in disciplinary proceedings shall be as provided in the rules of procedure.
 (4)(a) The disciplinary board has the authority to take evidence, administer oaths or affirmations, and issue subpoenas to compel the attendance of witnesses, including the accused member, and the production of books, papers and documents pertaining to the matter before the disciplinary board.
 (b) A witness in a disciplinary proceeding who testifies falsely, fails to appear when subpoenaed, or fails to produce any books, papers or documents pursuant to subpoena, is subject to the same orders and penalties to which a witness before a circuit court is subject. Subpoenas issued pursuant to paragraph (a) of this subsection may be enforced by application to any circuit court.
 (c) Any member of the disciplinary board may administer oaths or affirmations and issue any subpoena provided for in paragraph (a) of this subsection.
 (5) The hearing before the disciplinary board shall be held in the county in which the member charged maintains an office for the practice of law, the county in which the member resides, or the county in which the offense is alleged to have been committed. With the consent of the member, the hearing may be held elsewhere in the state.
 (6) A record of all hearings shall be made and preserved by the disciplinary board. [1983 c.618 §5; 2017 c.524 §2]
 Section 9.536 - Disciplinary board decision; appeal to Supreme Court; review; costs.
 (2) When a matter is before the Supreme Court for review, the court shall consider the matter de novo and may adopt, modify or reject the decision of the disciplinary board in whole or in part and thereupon enter an appropriate order.
 (3) The Supreme Court, or the disciplinary board in cases where its decision has become final, may award judgment in any bar proceeding for all or part of a party’s actual and necessary costs and disbursements incurred. The procedures for recovery of such costs and disbursements shall be the same as in civil cases.
 (4) The State Court Administrator shall enter any judgment for costs and disbursements in the records of the Supreme Court and shall forward a certified copy of the judgment to the clerk of the circuit court of the county in which the member or applicant resides or maintains an office for the practice of law or other business. If a judgment for costs and disbursements is entered against the bar, the State Court Administrator shall forward a certified copy of the judgment to the clerk of the circuit court of the county in which the bar maintains its principal place of business. On receipt of a certified copy of the judgment, the clerk of the circuit court shall file it and cause it to be entered in the circuit court register. Such judgment shall thereafter have the same force and effect, may be enforced by execution in the same manner, may be extended in the same manner and, upon payment, shall be satisfied in the same manner as other judgments entered in circuit court. [1983 c.618 §6; 1985 c.540 §25; 1991 c.790 §2; 1997 c.149 §1; 2003 c.192 §4; 2003 c.576 §175]
 Section 9.537 - Civil immunity of witnesses, bar officials and employees.
 (2) The Oregon State Bar and its officers, the members of the state professional responsibility board, the board of bar examiners, the board of governors and the disciplinary board, bar counsel, investigators, disciplinary monitors, mentors and employees of the bar are absolutely immune from civil liability in the performance of their duties relative to proposed or pending admission, professional licensing requirements, reinstatement or disciplinary proceedings. [1983 c.618 §7; 2017 c.524 §3]
 Section 9.539 - Application to admission and reinstatement proceedings.
 Section 9.542 - Rules for investigation of attorneys and applicants; authority of board of governors to require fingerprints.
 (2) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the board of governors may require the fingerprints of a person who is applying for admission or reinstatement to the bar or for renewal of a license issued by the bar. [1983 c.618 §9; 2005 c.730 §56]
 Section 9.545
 Section 9.555 - Copy of complaint or notice to Attorney General when bar is plaintiff or defendant; exceptions.
 (2) When the bar is served with summons and complaint in an action in which the bar is named as a defendant, the bar shall give notice to the Attorney General by mailing a copy of the summons and complaint to the Attorney General by certified or registered mail, return receipt requested, within five working days of the date of service on the bar.
 (3) The notice provisions of subsections (1) and (2) of this section shall not apply to matters involving admission of any applicant to the bar, discipline or reinstatement of a member of the bar or claims made against a member of the bar for which the professional liability fund of the bar may be obligated to pay money damages under ORS 9.080 (2). [1985 c.446 §3]
 Section 9.565 - Tax return information from Department of Revenue; use.
 Section 9.568 - State lawyers assistance committee; personal and practice management assistance committees; rules; confidentiality; civil immunity.
 (b) The board may adopt rules for the operation of the state lawyers assistance committee.
 (c) The purpose of the state lawyers assistance committee is the provision of supervision and assistance to those lawyers whose performance or conduct may impair their ability to practice law or their professional competence.
 (2)(a) In addition to the state lawyers assistance committee created under subsection (1) of this section, the board may create personal and practice management assistance committees to provide assistance to lawyers who are suffering from impairment or other circumstances that may adversely affect professional competence or conduct. Personal and practice management assistance committees may also provide advice and training to lawyers in practice management.
 (b) The board may adopt rules governing the provision of assistance to lawyers by personal and practice management assistance committees.
 (c) The purpose of a personal and practice management assistance committee is the provision of completely confidential assistance, advice and training to lawyers in a manner that fosters maximum openness in communications between a lawyer and the committee and that encourages a lawyer to seek assistance from the committee.
 (3) Any information provided to or obtained by the state lawyers assistance committee or any personal and practice management assistance committee, or provided to or obtained by any agent of those committees, is:
 (a) Confidential;
 (b) Exempt from the provisions of ORS 192.311 to 192.478;
 (c) Not discoverable or admissible in any civil proceeding without the written consent of the lawyer to whom the information pertains; and
 (d) Not discoverable or admissible in any disciplinary proceeding except to the extent provided by rules of procedure adopted pursuant to ORS 9.542.
 (4) The limitations placed on the disclosure and admissibility of information in this section shall not apply to information relating to a lawyer’s noncooperation with the state lawyers assistance committee or any agent of the committee, or to information otherwise obtained by the bar from any other source.
 (5) The board may authorize the state lawyers assistance committee to act as the monitor or supervisor for lawyers placed on probation or in diversion in connection with a disciplinary investigation or proceeding, or who have been conditionally admitted or reinstated to the practice of law. Any information provided to or obtained by the state lawyers assistance committee when the committee acts as a monitor or supervisor under the provisions of this subsection is not subject to subsection (3) of this section.
 (6) All meetings of the state lawyers assistance committee and the personal and practice management assistance committees are exempt from the provisions of ORS 192.610 to 192.690.
 (7) Any person who makes a complaint or referral to the bar as to the competence of an attorney or provides information or testimony in connection with the state lawyers assistance committee or any personal and practice management assistance committee is not subject to an action for civil damages as a result thereof.
 (8) With respect to their acts in connection with the state lawyers assistance committee or any personal and practice management assistance committee, the same privileges and immunities from civil and criminal proceedings that apply to prosecuting and judicial officers of the state shall apply to the board, all officers and employees of the bar, and the members of the committees and their agents.
 (9) For the purposes of this section, agents of the state lawyers assistance committee or a personal and practice management assistance committee include investigators, attorneys, counselors, staff personnel and any other individual or entity acting on behalf of or at the request of the committees. [Formerly 9.545; 2005 c.347 §3]
 Section 9.572 - Bar to establish Legal Services Program; director; advisory and technical committees.
 (2) The Oregon State Bar shall appoint a director of the Legal Services Program established under this section. The bar shall prescribe the duties of the director and fix the salary of the director.
 (3) The Oregon State Bar may establish any advisory or technical committees it deems necessary to advise the bar in establishing and operating the Legal Services Program. [1997 c.801 §73; 2011 c.595 §99]
 Section 9.576 - Review of providers; mediation; hearing; suspension of funding.
 (2) If the director of the Legal Services Program is unable to negotiate satisfactory compliance with the standards and guidelines of the program established by the Oregon State Bar under ORS 9.572, the director shall give the provider 30 days in which to bring the program into compliance. If the director concludes that the program is not in compliance at the end of the 30-day period, the matter shall be submitted to mediation. The director and the provider shall jointly select a mediator. If the director and provider are unable to select a mediator within 15 days after the expiration of the 30-day period, any presiding judge for a judicial district may appoint a mediator upon the petition of the director.
 (3) If mediation under subsection (2) of this section fails to produce a resolution of the matter, the director shall give the provider notice that a hearing will be held not sooner than 30 days after the date the notice is given. If, after hearing, the director determines that the provider is not in compliance with the standards and guidelines of the program and that the provider has failed to show satisfactory progress toward achieving compliance, the director shall suspend further funding of the program until such time as the provider makes a showing of compliance. [1997 c.801 §74; 2011 c.595 §100]
 Section 9.577 - Legal Aid Account.
 (2) Each month, the State Court Administrator shall transfer to the Legal Aid Account, from amounts collected by the State Court Administrator as fees and charges in the circuit courts, the amounts necessary to make the distributions required by subsection (3) of this section.
 (3) Each biennium, the State Court Administrator shall distribute to the Oregon State Bar $11.9 million from the Legal Aid Account. Distributions under this section shall be made by the State Court Administrator in eight quarterly installments of equal amounts, with the first distribution to be made as soon as possible after July 1, 2011. Amounts distributed to the Oregon State Bar under this subsection may be used only for the funding of the Legal Services Program established under ORS 9.572. [2011 c.595 §3a]
 Note: 9.577 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 9 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 9.578 - Other funding sources.
 Section 9.582 - Use of amounts not paid to class members in class action lawsuits.
 Note: 9.582 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 9 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 9.615 - Definition for ORS 9.615 to 9.665.
 Section 9.625 - Plan to relieve client losses; rules.
 Section 9.635 - Sources of client security fund.
 (1) Transfers by the board of governors from other funds of the state bar;
 (2) Voluntary contributions and payments by members under ORS 9.645;
 (3) Claims recovered under ORS 9.665; and
 (4) Income from investments of the fund. [1967 c.546 §4]
 Section 9.645 - Annual payment by state bar members.
 Section 9.655 - Investigation of claim of loss; subpoena.
 (a) Has been found guilty of a crime arising out of the dishonest conduct;
 (b) In the case of a claim of loss of $5,000 or less, has been disbarred, suspended or reprimanded in disciplinary proceedings or has resigned from the bar due to circumstances arising out of the dishonest conduct; or
 (c) Is a judgment debtor under the money award portion of a judgment entered in favor of the client in a proceeding arising out of the dishonest conduct, and execution issued on the judgment has been returned uncollected or issuance of execution would be a useless act.
 (2) At any time after a claim is filed by a client claiming a pecuniary loss payable from the client security fund, the board or the board’s representative may compel by subpoena the person named in the claim as the attorney whose dishonest conduct caused the loss, or any other person having knowledge of the matter, to appear for the purpose of giving testimony, and may compel by subpoena the production of records and documents pertinent to the claim. The subpoena shall have the same force and effect as in a civil action in the circuit court, and may be enforced by order of the circuit court for the county in which the person was served. [1967 c.546 §6; 1975 c.641 §12; 1979 c.383 §1; 1989 c.1052 §13; 2003 c.576 §279; 2005 c.347 §4; 2007 c.59 §1]
 Section 9.657 - Immunity from civil liability.
 (2) The Oregon State Bar, its officers, the members of the client security fund committee, the board of governors, bar counsel, investigators and employees of the bar shall be absolutely immune from civil liability in the performance of their duties relative to proposed or pending client security fund claims. [1989 c.1052 §4]
 Section 9.665 - Authority for reimbursement of client; waiver of conditions; subrogation for amount paid.
 (2) The board shall not authorize payment unless the conditions of ORS 9.655 (1) have been found to exist. However, the board may, in its sole discretion, waive one or more of the conditions of ORS 9.655 (1) in cases of extreme hardship or special and unusual circumstances. The state bar is subrogated, in the amount that a client’s claim is reimbursed from the client security fund, to all rights and remedies of that client against the attorney whose dishonest conduct caused the loss, against the estate of the attorney or against any other person liable for the loss. [1967 c.546 §7; 1989 c.1052 §14; 1991 c.726 §7; 2003 c.14 §10]
 Section 9.675 - Mandatory certification and disclosures for lawyer trust accounts.
 (2) If a member does not file the certificate and disclosures required by this section within 30 days after the due date prescribed under subsection (1) of this section, the chief executive officer shall send written notice of the default to the member at the member’s electronic mail address on file with the bar on the date of the notice. The chief executive officer shall send the notice by mail to any member who is not required to have an electronic mail address on file with the bar under the rules of procedure. If a member does not file the certificate and disclosures required by this section within 60 days after the date of the notice, the person’s membership in the bar is automatically suspended. The chief executive officer shall provide the names of all persons suspended under this section to the judges of the circuit courts, the Court of Appeals and the Oregon Tax Court.
 (3) A person suspended under this section may be reinstated to membership in the bar only if the person pays all required fees and contributions and complies with all rules of procedure and rules of the Supreme Court relating to reinstatement. [2011 c.304 §2; 2013 c.3 §3; 2017 c.94 §12]
 Section 9.685 - Trust account overdraft notification program.
 (2) The board of governors may adopt regulations for the administration of a trust account overdraft notification program established under this section. Regulations adopted under this subsection are binding upon all members of the bar only after those regulations are approved by the Supreme Court. [Formerly 9.132]
 Section 9.695 - Status of files or work premises of lawyer; inadmissibility of evidence subject to search or seizure.
 (2) The provisions of subsection (1) of this section do not apply where there is probable cause to believe that the lawyer has committed, is committing or is about to commit a crime.
 (3) As used in this section, "lawyer" means a member of the Oregon State Bar or a person licensed to practice law in any court of this state or any court of record of the United States or of any state, territory or other jurisdiction of the United States.
 (4) Evidence or the fruits thereof obtained in violation of this section shall be inadmissible in any criminal or civil action or proceeding, except for an action or suit brought for violation of this section or the rights protected thereby. [1981 c.908 §1]
 Section 9.705 - Definitions for ORS 9.705 to 9.757.
 (1) "Affected attorney" means a member or former member of the Oregon State Bar whose law practice is placed within the jurisdiction of the court under ORS 9.720 or as to whom a petition has been filed to place such law practice within the jurisdiction of the court under ORS 9.715.
 (2) "Law practice" means a practice conducted by an individual, a partnership or a professional corporation. [1979 c.252 §2; 1985 c.512 §4; 1989 c.1052 §15; 2015 c.6 §1]
 Section 9.710 - Jurisdiction of circuit court over law practice of nonperforming attorney.
 (1) The attorney failed to make arrangements for the orderly suspension or termination of the law practice of the attorney; or
 (2) A duly appointed personal representative or other person assisting with the suspension or termination of the law practice is unable to adequately protect the interests of the attorney’s clients. [1979 c.252 §3; 1985 c.512 §5; 1989 c.1052 §16; 2015 c.6 §2]
 Section 9.715 - Petition to take jurisdiction over law practice.
 Section 9.720 - Court taking jurisdiction over law practice.
 Section 9.725 - Appointment of bar as custodian of law practice; duties of custodian, court and financial institution.
 (a) Examine the files and records of the law practice and obtain information as to any pending matters which may require attention;
 (b) Notify persons and entities who appear to be clients of the affected attorney that the court has assumed jurisdiction and inform such persons that it may be in their best interest to obtain other legal counsel;
 (c) Apply for extensions of time pending employment of other counsel by the client;
 (d) File notices, motions and pleadings on behalf of the client where jurisdictional time limits are involved and other legal counsel has not yet been obtained;
 (e) Give notice to appropriate persons and entities who may be affected, other than clients, that the court has assumed jurisdiction;
 (f) Arrange for the surrender or delivery of clients’ papers or property; and
 (g) Do such other acts as the court may direct to carry out the purposes of ORS 9.705 to 9.757.
 (2) The court has jurisdiction over that portion of the files, records and property of the affected attorney for the purposes of ORS 9.705 to 9.757 as established in the order, and may make all orders necessary or appropriate to protect the interest of the affected attorney, the clients of the affected attorney and the public.
 (3) Any financial institution holding funds in a lawyer trust account of the affected lawyer shall release the funds to the bar upon presentment of a copy of the order appointing the bar as custodian. The bar shall determine the ownership of the funds in the lawyer trust account and distribute the funds as directed by the interested client. Any funds for which ownership cannot be determined or for whom the owner cannot be located shall be turned over to the bar as provided in ORS 98.302 to 98.436.
 (4) The bar may not be required to pay a filing fee for filing a petition under ORS 9.715. [1979 c.252 §6; 1985 c.512 §7; 1989 c.1052 §18; 2015 c.6 §6]
 Section 9.727 - Service of order of custodianship.
 Section 9.730 - Assistance by professional liability fund and other attorneys.
 Section 9.735 - Compensation of custodian.
 Section 9.740 - Court orders appealable; stay.
 Section 9.745 - Statutes of limitation suspended.
 Section 9.750 - Confidentiality of files and records; attorney-client privilege.
 Section 9.755 - Final report of custodian; petition for compensation; court approval.
 Section 9.757 - Retention of client materials.
 (2) The bar may dispose of an unclaimed original will as provided in ORS 112.815 and 112.820.
 (3) The bar shall maintain a log of all retained wills that is accessible to the public.
 (4) Upon receipt of satisfactory proof of identity, the bar shall release a will belonging to a client to the client or to a duly appointed personal representative or conservator of the client.
 (5) The bar may retain wills in digitized form, and a digitized copy, certified by the bar as a true copy of the digital document retained by the bar, shall be admissible in evidence to the same extent as the original. [2015 c.6 §10]
 Section 9.760 - Judicial department library services; fees.
 Section 9.780 - Exchange of legal publications.
 Section 9.790 - Legislative Counsel furnishing copies of codes and session laws for exchange.
 Section 9.800 - Sale of surplus codes and session laws.
 Section 9.815 - County law libraries and law library services.
 (a) Operate a free law library at a location that is convenient and available at reasonable hours; or
 (b) Provide free law library services at one or more locations that are convenient and available at reasonable hours.
 (2) A county governing body may enter into a contract with a law library association or other organization for the operation of the law library, or the provision of law library services, required by this section. [2011 c.224 §1; 2011 c.595 §176]
 Section 9.820 - Law libraries in Multnomah County.
 Section 9.825 - Law library surveys; reports.
 (a) The extent to which counties provide access to statutes, rules, cases and other legal information, whether through printed materials or electronic access;
 (b) Staffing in county law libraries;
 (c) The number and types of persons who use county law libraries and other law library services;
 (d) The hours that county law libraries are open, or access to law library services is available;
 (e) The hours that law library staff assistance is available, either in person, by telephone or through the Internet; and
 (f) The extent to which persons who use county law libraries and law library services have free or low-cost public, on-site access to computers, printers, copiers and other electronic devices provided by the counties.
 (2) The State Court Administrator shall submit a report to the Legislative Assembly in the manner provided by ORS 192.245 based on each survey conducted under this section. The report must be delivered to the Legislative Assembly not later than February 1 of each odd-numbered year. [2011 c.224 §5]
 Section 9.829 - Use of moneys distributed to counties.
 Section 9.990 - Penalties.
 (2) Any person who violates any of the provisions of ORS 9.500 or 9.520 commits a Class A violation.
 (3) Any person violating any of the provisions of ORS 9.505 shall, upon conviction, be fined not more than $1,000 or imprisoned in the county jail for a period not to exceed one year, or both. [Subsection (3) enacted as 1961 c.561 §4; 1999 c.1051 §143]
 Chapter 010 - Juries
 Section 10.010 - Definitions.
 (1) "Clerk of court" means the trial court administrator or any other nonjudicial officer or employee of the circuit court for a county authorized by the presiding judge for the judicial district.
 (2) "Juror" means any juror or prospective juror.
 (3) "Jury" means a body of persons temporarily selected from persons who live in a particular county or district, and invested with power to present or indict in respect to a crime or to try a question of fact. [Amended by 1985 c.703 §1; 1995 c.658 §22; 1995 c.781 §21; 1997 c.801 §121]
 Section 10.020 - Kinds of juries.
 (1) A grand jury.
 (2) A trial jury.
 (3) A jury of inquest.
 Section 10.025 - Rules for use of electronic transmission and electronic signature on documents.
 (2) ORS 84.072 does not apply to rules adopted under this section. [2013 c.2 §2]
 Section 10.030 - Eligibility for jury service; discrimination prohibited.
 (2) Any person is eligible to act as a juror in a civil trial unless the person:
 (a) Is not a citizen of the United States;
 (b) Does not live in the county in which summoned for jury service;
 (c) Is less than 18 years of age; or
 (d) Has had rights and privileges withdrawn and not restored under ORS 137.281.
 (3)(a) Any person is eligible to act as a grand juror, or as a juror in a criminal trial, unless the person:
 (A) Is not a citizen of the United States;
 (B) Does not live in the county in which summoned for jury service;
 (C) Is less than 18 years of age;
 (D) Has had rights and privileges withdrawn and not restored under ORS 137.281;
 (E) Has been convicted of a felony or served a felony sentence within the 15 years immediately preceding the date the person is required to report for jury service; or
 (F) Has been convicted of a misdemeanor involving violence or dishonesty, or has served a misdemeanor sentence based on a misdemeanor involving violence or dishonesty, within the five years immediately preceding the date the person is required to report for jury service.
 (b) As used in this subsection:
 (A) "Felony sentence" includes any incarceration, post-prison supervision, parole or probation imposed upon conviction of a felony or served as a result of conviction of a felony.
 (B) "Has been convicted of a felony" has the meaning given that term in ORS 166.270.
 (C) "Misdemeanor sentence" includes any incarceration or probation imposed upon conviction of a misdemeanor or served as a result of conviction of a misdemeanor.
 (4) A person who is blind, hard of hearing or speech impaired or who has a physical disability is not ineligible to act as a juror and may not be excluded from a jury list or jury service on the basis of blindness, hearing or speech impairment or physical disability alone.
 (5) A person is ineligible to act as a juror in any circuit court of this state within 24 months after being discharged from jury service in a federal court in this state or circuit court of this state unless that person’s service as a juror is required because of a need for additional jurors. [Amended by 1971 c.630 §1; 1975 c.781 §4; 1977 c.262 §1; 1985 c.703 §2; 1989 c.224 §3; 1997 c.313 §8; 1997 c.736 §1; 2007 c.70 §4; 2007 c.100 §13; 2009 c.484 §13]
 Section 10.050 - Excuse from jury duty.
 (2) Notwithstanding ORS 10.030 (4), a judge may, by own motion, excuse a juror whose presence on the jury would substantially impair the progress of the action on trial or prejudice the parties thereto.
 (3) A judge of the court or clerk of court shall excuse a person from acting as a juror upon the request of that person if the person is 70 years of age or older. A person may request and be granted excuse from jury service under this subsection by means of telephone communication or mail.
 (4) A judge of the court or clerk of court shall excuse a woman from acting as a juror upon the request of the woman if the woman is breast-feeding a child. A request for excuse from jury service under this subsection must be made in writing.
 (5) Unless the public need for juries in the court outweighs the individual circumstances of the person summoned, a judge of the court or clerk of court shall excuse a person from acting as a juror upon the request of that person if the person is the sole caregiver for a child or other dependent during the court’s normal hours of operation, the person is unable to afford day care or make other arrangements for the care of the dependent, and the person personally attends to the dependent during the court’s normal hours of operation. [Amended by 1967 c.389 §1; 1975 c.160 §3; 1977 c.262 §2; 1977 c.631 §2; 1979 c.728 §2; 1985 c.703 §5; 1995 c.808 §1; 1997 c.313 §35; 1999 c.1085 §1]
 Section 10.055 - Deferment of jury service.
 (2) A judge or clerk may allow more than one deferral of jury duty under this section only for good cause. A person requesting a deferral under this subsection must provide a list of not less than 10 dates within the six-month period following the date of the request on which the person would be able to commence jury duty. [1967 c.473 §2; 1969 c.176 §1; 1971 c.207 §1; 1975 c.342 §13; 1985 c.703 §6; 2011 c.377 §1]
 Section 10.061 - Fees payable to jurors; required waiver.
 (2)(a) The fee of jurors for the first two days of required attendance in circuit court during a term of service is $10 for each day that a juror is required to attend.
 (b) The fee of jurors for the third and subsequent days of required attendance in circuit court during a term of service is $25 for each day that a juror is required to attend.
 (3) Unless otherwise provided by the terms of an employment agreement, a juror must waive the juror’s fee provided for in subsection (1), (2) or (4) of this section if the juror is paid a wage or salary by the juror’s employer for the days that the juror is required to attend a court, including a municipal or justice court. The provisions of this subsection do not affect any claim a juror may have for mileage reimbursement under ORS 10.065.
 (4) In addition to the fees and mileage prescribed in subsection (1) of this section and ORS 10.065 for service in a court other than a circuit court, the governing body of a city or county may provide by ordinance for an additional juror fee and for city or county reimbursement of jurors for mileage and other expenses incurred in serving as jurors in courts other than circuit courts. [1999 c.1085 §4 (enacted in lieu of 10.060); 2001 c.761 §3; 2001 c.779 §13; 2002 s.s.1 c.10 §3]
 Section 10.065 - Mileage fee and reimbursement of other expenses.
 (2) In addition to the fees prescribed in ORS 10.061, a juror who is required to travel from the juror’s usual place of abode in order to execute or perform service as a juror in a circuit court shall be paid mileage at the rate of 20 cents a mile for travel in going to and returning from the place where the service is performed. Mileage paid to a juror shall be based on the shortest practicable route between the juror’s residence and the place where court is held.
 (3) In addition to the fees prescribed in ORS 10.061, the State Court Administrator may reimburse a juror who uses public transportation to travel from the juror’s usual place of abode in order to execute or perform service as a juror in a circuit court, without regard to the distance traveled by the juror.
 (4) In addition to the fees prescribed in ORS 10.061, a juror serving in circuit court may be paid for lodging expenses, dependent care expenses and other reasonable expenses that arise by reason of jury service. Expenses under this subsection may be paid only upon written request of the juror, made in such form and containing such information as may be required by the State Court Administrator. The State Court Administrator shall establish policies and procedures on eligibility, authorization and payment of expenses under this subsection. Payment of expenses under this subsection is subject to availability of funds for the payment.
 (5) A juror shall be paid the mileage and other expenses provided for in this section for each day’s attendance at court.
 (6) The State Court Administrator shall establish policies and procedures on eligibility, authorization and payment of mileage and expenses under subsections (2) to (4) of this section. [1957 c.676 §1; 1971 c.358 §2; 1981 c.509 §2; 1999 c.1085 §5; 2002 s.s.1 c.10 §4]
 Section 10.075 - Payment of per diem and mileage fees by state; payment of other expenses.
 (2) If a jury in the circuit court is provided food, drink, lodging or transportation by order of the circuit court, the cost thereof shall be paid by the state from funds available for the purpose.
 (3) Each circuit court shall offer each juror the opportunity to waive receipt of the per diem and mileage expenses otherwise payable to the juror for the purpose of funding Judicial Department programs and activities identified by the Chief Justice of the Supreme Court. All amounts waived by a juror under the provisions of this subsection are continuously appropriated to the Judicial Department programs and activities that are identified by the Chief Justice for receipt of the waived amounts, and may be used only for the purposes of those programs and activities.
 (4) This section does not apply to mileage and other expenses of jurors reimbursed by a county as provided in ORS 10.061 (4). [1981 s.s. c.3 §43; 1985 c.703 §8; 1999 c.1085 §6]
 Section 10.080 - Seeking or offering to procure place on jury or list of jurors and selection of juror pursuant to request prohibited.
 (2) A sheriff, constable or other person who has a duty under the law to select or summon a jury may not select, summon or place upon any jury any person whom the sheriff, constable or other person has been asked or requested to select or summon. [Amended by 2003 c.14 §12]
 Section 10.090 - Prohibited acts by employers against jurors; notice to jurors; remedy for violations.
 (2) An employer may not require that an employee use vacation leave, sick leave or annual leave for time spent by the employee in responding to a summons for jury duty, and the employer shall allow the employee to take leave without pay for time spent by the employee in responding to a summons for jury duty.
 (3) This section may not be construed to alter or affect an employer’s policies or agreements with employees concerning employees’ wages during times when an employee serves or is scheduled to serve as a juror.
 (4) When summoning jurors, the person whose duty it is under the law to summon shall notify each juror of the juror’s rights under this section.
 (5) An employee who alleges a violation of subsection (1) of this section may bring a civil action under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. [1975 c.160 §1; 1985 c.703 §11; 2011 c.118 §3; 2011 c.377 §3]
 Section 10.092 - Insurance coverage for employee during jury service; unlawful employment practice.
 (a) The employer ceases to provide health, disability, life or other insurance coverage for an employee during times when the employee serves or is scheduled to serve as a juror; and
 (b) The employee elected to have coverage continued while the employee served or was scheduled to serve as a juror, and the employee provided notice of that election to the employer in compliance with the employer’s policy for notification.
 (2) Notwithstanding ORS 652.610 (3), if, following an election described in subsection (1) of this section, an employer is required or elects to pay any part of the costs of providing health, disability, life or other insurance coverage for the employee that should have been paid by the employee, the employer may deduct from the employee’s pay such amounts upon the employee’s return to work until the amount the employer advanced toward the payments is paid. The total amount deducted for insurance under this subsection may not exceed 10 percent of the employee’s gross pay each pay period.
 (3) Notwithstanding ORS 652.610 (3), if the employer pays any part of the costs of providing health, disability, life or other insurance coverage for an employee under subsection (2) of this section, and the employee ceases to work for the employer before the total amount the employer advanced toward the payments is paid, the employer may deduct the remaining amounts from any amounts owed by the employer to the employee or may seek to recover those amounts by any other legal means.
 (4) An employee who alleges a violation of this section may bring a civil action under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. [2011 c.118 §2]
 Section 10.095 - Duty of jury; instructions.
 (1) That their power of judging of the effect of evidence is not arbitrary, but to be exercised with legal discretion, and in subordination to the rules of evidence;
 (2) That they are not bound to find in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a less number, or against a presumption or other evidence satisfying their minds;
 (3) That a witness false in one part of the testimony of the witness may be distrusted in others;
 (4) That the testimony of an accomplice ought to be viewed with distrust, and the oral admissions of a party with caution;
 (5) That in civil cases the affirmative of the issue shall be proved, and when the evidence is contradictory, the finding shall be according to the preponderance of evidence;
 (6) That in criminal cases a person is innocent of a crime or wrong until the prosecution proves otherwise, and guilt shall be established beyond reasonable doubt;
 (7) That evidence is to be estimated, not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to produce and of the other to contradict; and, therefore,
 (8) That if weaker and less satisfactory evidence is offered when it appears that stronger and more satisfactory was within the power of the party, the evidence offered should be viewed with distrust. [Formerly 17.250; 2013 c.25 §1]
 Section 10.100 - View of premises by jury.
 Section 10.105 - Jury service term.
 Section 10.107 - Implementation of "one day, one trial" jury service.
 Section 10.115 - Jurors with disabilities.
 (a) "Assistive communication device" means any equipment designed to facilitate communication by a person with a disability.
 (b) "Juror with a disability" means a person who is hard of hearing or speech impaired, who is summoned to serve as a juror and whose name is drawn for grand jury or trial jury service.
 (c) "Qualified interpreter" means a person who is readily able to communicate with a juror with a disability, accurately communicate the proceedings to the juror and accurately repeat the statements of the juror.
 (2) The court to which a juror with a disability is summoned, upon written request by the juror and upon a finding by the court that the juror requires the services of a qualified interpreter or the use of an assistive communication device in examination of the juror as to the juror’s qualifications to act as a juror or in performance by the juror of the functions of a juror, shall appoint a qualified interpreter for the juror and shall fix the compensation and expenses of the interpreter and shall provide an appropriate assistive communication device if needed. The compensation and expenses of an interpreter so appointed and the cost of any assistive communication device shall be paid by the public authority required to pay the fees due to the juror.
 (3) An oath or affirmation shall be administered to a qualified interpreter appointed for a juror with a disability, in substance that the interpreter will accurately communicate the proceedings to the juror and accurately repeat the statements of the juror.
 (4) A qualified interpreter appointed for a juror with a disability, or a person operating an assistive communication device for a juror with a disability, shall be present during deliberations by the jury on which the juror serves. An interpreter or person operating an assistive communication device may not participate in the jury deliberations in any manner except to facilitate communication between the juror with a disability and the other jurors or other persons with whom the jurors may communicate, and the court shall so instruct the jury and the interpreter.
 (5) When a juror with a disability serves on a trial jury, the court shall instruct the jury on the presence of the qualified interpreter or person operating an assistive communication device. [1985 c.703 §9; 1989 c.224 §4; 1991 c.750 §6; 2007 c.70 §6; 2007 c.96 §1]
 Section 10.125 - Security for jury sequestered or kept overnight.
 Section 10.205 - Selection and summoning of jurors; identification numbers.
 (2) The presiding judge for the judicial district may authorize the use of juror identification numbers in place of juror names in the performance of functions under ORS 10.215 to 10.265, 132.020 and ORCP 57 B for the selection of jurors in the county, except for functions under ORS 10.215 (4), when to do so would promote the efficiency of the selection process, but the selection must be done randomly. [1985 c.703 §12; 1995 c.781 §23; 2005 c.385 §4; 2013 c.2 §7]
 Section 10.215 - Master jury list; sources; contents.
 (2) A public body having custody, possession or control of any list that may be used as a source list for preparation of a master jury list, upon written request by the State Court Administrator, shall make its list available at any reasonable time and, except as otherwise provided in ORS 802.260, without charge to the State Court Administrator for inspection or copying. The public body, upon written request by the State Court Administrator, shall provide a copy of its list for the date and in the form requested to the State Court Administrator. Except as otherwise provided in ORS 802.260, the copy shall be provided without charge.
 (3) The number of names placed on a master jury list shall be sufficient to meet the projected need for grand jurors and trial jurors in the circuit court in the county, but the total number may not be less than two percent of the population of the county according to the latest federal decennial census.
 (4) A master jury list shall contain the first name, the surname, the place of residence and, if assigned, the juror identification number of each person whose name is placed thereon.
 (5) A master jury list for a circuit court shall be certified by the State Court Administrator to have been prepared in compliance with the requirements of this section. A certified copy of the master jury list shall be provided to the circuit court for the county as soon as possible after the list is prepared.
 (6) A newly filed master jury list shall be maintained separately from the previously filed master jury list. The presiding judge shall designate when a newly filed master jury list becomes effective. After a newly filed master jury list becomes effective, names of persons for a jury list for a panel or term must be selected for a jury list for a panel or term from the newly filed master jury list and from names of any persons from the previously filed master jury list whose service was deferred. When a newly filed master jury list becomes effective, all orders, records and papers prepared in connection with the selection process based on the previously filed master jury list shall be preserved by the trial court administrator and State Court Administrator for the period prescribed by the State Court Administrator under ORS 8.125.
 (7) The State Court Administrator may make adjustments to the master jury list, and may authorize the presiding judge of a judicial district to make adjustments to a jury list for a panel or term, for the purpose of updating the addresses of persons appearing on the lists and removing the names of persons who are deceased, permanently ineligible for jury service or permanently excused from jury service. The State Court Administrator shall ensure that a record is maintained of all adjustments to jury lists made under this subsection.
 (8) For the purposes of this section, "public body" has the meaning given that term in ORS 174.109. [1985 c.703 §13; 1987 c.681 §3; 1995 c.273 §6; 1995 c.781 §24a; 1997 c.872 §15; 2001 c.779 §14; 2003 c.803 §18; 2005 c.385 §5; 2007 c.542 §14; 2013 c.2 §4]
 Section 10.235 - Additional jurors; selection; notice.
 (2) The presiding judge for the judicial district may order an additional number of names selected from the master jury list and added to the jury list for the panel or term in the same manner as the original jury list is prepared. As directed by the presiding judge of the circuit court, the persons whose names are added to the jury list for the panel or term shall be summoned by the clerk of court giving written notice to each of them by mail or by the sheriff or other officer giving written notice to each of them personally or by leaving written notice at the person’s place of residence with some person of suitable age and discretion. The notice need be given only a reasonable time before the day on which the persons summoned are required to attend.
 (3) If the master jury list becomes exhausted or in the opinion of the presiding judge is likely to become exhausted, the presiding judge may order that the clerk of court select an additional number of names from the source lists described in ORS 10.215 (1) and that the persons whose names are so selected be summoned as provided in subsection (2) of this section.
 (4) If there is an immediate need for additional jurors, a judge of the circuit court for the county may direct the clerk of court, sheriff or other officer to summon a sufficient number of eligible persons to meet that need. Those persons shall be summoned as directed by the judge. [1985 c.703 §15; 1995 c.781 §26; 2013 c.2 §5]
 Section 10.245 - Determining eligibility of jurors; eligibility form; effect of false statements or failure to respond.
 (2) The presiding judge for the judicial district may cause to be mailed or delivered with a juror’s summons a juror eligibility form and instructions for completion of the form and return of the completed form by mail or personal delivery to the clerk of court by a specified date. The form shall set forth the eligibility requirements prescribed in ORS 10.030.
 (3) A person who knowingly makes a false statement of material fact in response to a question on a juror eligibility form may be punished for contempt.
 (4) A completed juror eligibility form shall contain the summoned person’s signed declaration that the responses to questions on the form are true to the best of the person’s knowledge and an acknowledgment that a knowingly made false statement of material fact may be punished by a fine or imprisonment or both. Notarization of a completed form shall not be required.
 (5) If a person summoned is unable to complete a juror eligibility form, another person may do it for the person summoned. Another person completing a form shall indicate on the form that the person did so and the reason therefor.
 (6) If a person summoned fails to return a properly completed juror eligibility form as instructed, a judge of the circuit court may direct the person to appear forthwith and properly complete a form. If the person fails to appear as directed, a judge of the circuit court shall order the person to appear and show cause for that failure. If the person fails to appear pursuant to the order or appears and fails to show good cause, the person may be punished for contempt.
 (7) Before or at the time a person summoned reports for jury service, a judge of the circuit court or clerk of court may question the person as to responses to questions on a completed jury eligibility form returned by the person and grounds for any ineligibility of the person to act as a juror. Any pertinent information so acquired shall be noted on the form.
 (8) Review by a judge of the circuit court or clerk of court of a completed juror eligibility form returned by a person summoned satisfies the requirement prescribed in subsection (1) of this section that a person summoned be questioned. If a judge or clerk of court determines that a person is not eligible to act as a juror based on a completed form, the person shall be discharged. [1985 c.703 §16; 1995 c.781 §27]
 Section 10.255 - Record of persons summoned to serve as jurors.
 (1) Those who did not attend.
 (2) Those who were discharged for ineligibility to act as jurors.
 (3) Those who were discharged for any other reason.
 (4) Those whose jury service was deferred and the term to which jury service of each was deferred.
 (5) Those who attended and were not discharged or deferred.
 (6) The per diem fees and mileage due to each entitled thereto. [1985 c.703 §17]
 Section 10.265 - Preservation of jury orders, records and papers.
 Section 10.275 - Jury challenges; request for access to confidential jury records; order allowing disclosure; exclusive procedure.
 (a) Specify the purpose for which the jury records are sought; and
 (b) Identify with particularity the relevant jury records sought to be released including the type and time period of the records.
 (2) The court may order release of the jury records if the court finds that:
 (a) The jury records sought are likely to produce evidence relevant to the motion; and
 (b) Production of the jury records is not unduly burdensome.
 (3) An order under subsection (2) of this section may include, but need not be limited to:
 (a) A requirement that the moving party provide advance payment to the trial court administrator and, if applicable, the State Court Administrator for the reasonable costs of providing copies of the jury records; and
 (b) Restrictions on further disclosure of the jury records including, but not limited to:
 (A) A requirement that the moving party return all originals and copies to the court at the conclusion of the proceeding;
 (B) A requirement that the jury records may be used only for the purpose of supporting the jury panel challenge made in the motion;
 (C) A prohibition against distributing the jury records to a person who is not an agent or representative of the moving party; and
 (D) A prohibition against contacting or attempting to contact the persons whose names appear on the jury records without specific authorization of the court.
 (4) The trial court administrator or the State Court Administrator may intervene at any time as a matter of right as to any issues relating to the release of jury records under this section.
 (5) The procedure established by this section is the exclusive means for compelling production of confidential jury records as evidence relevant to a challenge to a jury panel under ORS 136.005 or ORCP 57 A. The procedure established by ORS 138.585 is the exclusive means for compelling production of confidential jury records as evidence in post-conviction relief proceedings under ORS 138.510 to 138.680. [2001 c.779 §16; 2011 c.308 §4]
 Section 10.810 - Definition.
 Section 10.820 - Number of jurors required to concur.
 Section 10.990 - Penalties.
 (2) If a person summoned to serve as a juror in a circuit court fails to attend as required, the court shall order the person to appear forthwith and show cause for that failure. If the person fails to appear pursuant to the order or appears and fails to show good cause, the person may be punished for contempt.
 (3) A juror summoned to a court who fails to give attention in court, or who leaves without permission while the court is in session or otherwise fails to complete required jury service without permission, may be punished for contempt of the court. [Amended by 1985 c.703 §19; 1999 c.1051 §144]
 Chapter 011 - (Former Provisions)
 Section 11.030
 Chapter 012 - Limitations of Actions and Suits
 Section 12.010 - Time of commencing actions.
 Section 12.020 - When action deemed begun.
 (2) If the first publication of summons or other service of summons in an action occurs before the expiration of 60 days after the date on which the complaint in the action was filed, the action against each person of whom the court by such service has acquired jurisdiction shall be deemed to have been commenced upon the date on which the complaint in the action was filed. [Amended by 1973 c.731 §1]
 Section 12.040 - Limitations of suits generally; land patent suits; defense of possession by equitable title; suit on new promise, fraud or mistake.
 (2) No suit shall be maintained to set aside, cancel, annul or otherwise affect a patent to lands issued by the United States or this state, or to compel any person claiming or holding under such patent to convey the lands described therein, or any portion of them, to the plaintiff in such suit, or to hold the same in trust for, or to the use and benefit of such plaintiff, or on account of any matter, thing or transaction which was had, done, suffered or transpired prior to the date of such patent, unless such suit is commenced within 10 years from the date of such patent.
 (3) This section shall not bar an equitable owner in possession of real property from defending possession by means of the equitable title; and in any action for the recovery of any real property, or the possession thereof, by any person or persons claiming or holding the legal title to the same under such patent against any person or persons in possession of such real property under any equitable title, or having in equity the right to the possession thereof as against the plaintiff in such action, such equitable right of possession may be pleaded by answer in such action, or set up by bill in equity to enjoin such action or execution upon any judgment rendered therein; and the right of such equitable owner to defend possession in such action, or by bill for injunction, shall not be barred by lapse of time while an action for the possession of such real property is not barred.
 (4) In a suit upon a new promise, fraud or mistake, the limitation shall only be deemed to commence from the making of the new promise or the discovery of the fraud or mistake.
 Section 12.050 - Action to recover real property.
 Section 12.060 - Suit or action on land contracts; time when they cease to affect the property.
 (2) When the purchase price fixed in the contract is payable in installments, the contract shall be deemed to mature on the date upon which the final payment would be payable if the minimum amount of the principal due on each installment had been paid as provided in the terms of the contract.
 Section 12.070 - Action on judgment, decree or sealed instrument.
 (2) An action upon a sealed instrument entered into before August 13, 1965,
 shall be commenced within 10 years. [Amended by 1965 c.502 §3]
 Section 12.080 - Action on certain contracts or liabilities.
 (2) An action upon a liability created by statute, other than a penalty or forfeiture, excepting those mentioned in ORS 12.110;
 (3) An action for waste or trespass upon or for interference with or injury to any interest of another in real property, excepting those mentioned in ORS 12.050, 12.060, 12.135, 12.137 and 273.241; or
 (4) An action for taking, detaining or injuring personal property, including an action for the specific recovery thereof, excepting an action mentioned in ORS 12.137;
 shall be commenced within six years. [Amended by 1957 c.374 §3; 1961 c.726 §396; 1973 c.363 §1; 1983 c.437 §2; 1987 c.705 §3; 1991 c.968 §2]
 Section 12.085 - Action against garnishee.
 (2) If the writ of garnishment is delivered to a person in the person’s capacity as a personal representative of an estate, proceedings against the garnishee under ORS 18.775 to 18.782 must be commenced within one year after the entry of a judgment of final distribution for the estate. [1977 c.786 §3; 1981 c.883 §29; 2001 c.249 §66; 2003 c.85 §1; 2003 c.576 §279a]
 Section 12.090 - Accounts; accrual of cause of action.
 Section 12.100 - Action on official act or penalty.
 (2) An action upon a statute for penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the state, excepting those actions mentioned in ORS 12.110, shall be commenced within three years. [Amended by 1957 c.374 §4; 1965 c.221 §10]
 Section 12.110 - Actions for certain injuries to person not arising on contract; action for overtime or premium pay; action for professional malpractice; effect of fraud or deceit; action for injuries to person arising from nuclear incident.
 (2) An action upon a statute for a forfeiture or penalty to the state or county shall be commenced within two years.
 (3) An action for overtime or premium pay or for penalties or liquidated damages for failure to pay overtime or premium pay shall be commenced within two years.
 (4) An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced within two years from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered. However, notwithstanding the provisions of ORS 12.160, every such action shall be commenced within five years from the date of the treatment, omission or operation upon which the action is based or, if there has been no action commenced within five years because of fraud, deceit or misleading representation, then within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered.
 (5) An action, arising from a nuclear incident, as defined in 42 U.S.C. 2014(q), that involves the release of radioactive material, excluding releases from acts of war, that causes bodily injury, sickness or death, shall be commenced:
 (a) Within two years from the time an injured person discovers or reasonably could have discovered the injury and the causal connection between the injury and the nuclear incident; or
 (b) Within two years from any substantial change in the degree of injury to the person arising out of a nuclear incident. [Amended by 1957 c.374 §1; 1967 c.406 §1; 1969 c.642 §1; 1971 c.473 §1; 1975 c.796 §10a; 1981 c.149 §1; 1987 c.705 §4]
 Section 12.115 - Action for negligent injury to person or property.
 (2) Nothing in this section shall be construed to extend any period of limitation otherwise established by law, including but not limited to the limitations established by ORS 12.110. [1967 c.406 §2]
 Section 12.117 - Actions based on child abuse.
 (2) As used in subsection (1) of this section, "child abuse" means any of the following:
 (a) Intentional conduct by an adult that results in:
 (A) Any physical injury to a child; or
 (B) Any mental injury to a child which results in observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child;
 (b) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are defined in ORS chapter 163;
 (c) Sexual abuse, as defined in ORS chapter 163, when the victim is a child; or
 (d) Sexual exploitation of a child, including but not limited to:
 (A) Conduct constituting violation of ORS 163.435 and any other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording or other exhibition which, in whole or in part, depicts sexual conduct or contact; and
 (B) Allowing, permitting, encouraging or hiring a child to engage in prostitution or commercial sexual solicitation, as defined in ORS chapter 167.
 (3) Nothing in this section creates a new cause of action or enlarges any existing cause of action. [1989 c.643 §§2,3; 1991 c.386 §4; 1991 c.932 §1; 1993 c.18 §5; 1993 c.296 §1; 1993 c.622 §2; 2009 c.879 §1; 2011 c.151 §4; 2015 c.98 §2]
 Section 12.120 - Action on escape; action for defamation.
 (2) An action for libel or slander shall be commenced within one year. [Amended by 1957 c.374 §2]
 Section 12.125 - Action arising under rental agreement.
 Section 12.130 - Action for penalty.
 Section 12.132 - Action arising out of real estate appraisal activity.
 (a) The applicable period of limitation otherwise established by law; or
 (b) Six years after the date of the act or omission giving rise to the action.
 (2) Subsection (1)(b) of this section does not apply to an action arising out of real estate appraisal activity based on fraud or misrepresentation. [2017 c.143 §1]
 Note: 12.132 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 12 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 12.135 - Action for damages from construction, alteration or repair of improvement to real property; "substantial completion" defined; application.
 (a) The applicable period of limitation otherwise established by law;
 (b) Ten years after substantial completion or abandonment of the construction, alteration or repair of a small commercial structure, as defined in ORS 701.005, a residential structure, as defined in ORS 701.005, or a large commercial structure, as defined in ORS 701.005, that is owned or maintained by a homeowners association, as defined in ORS 94.550, or that is owned or maintained by an association of unit owners, as defined in ORS 100.005; or
 (c) Six years after substantial completion or abandonment of the construction, alteration or repair of a large commercial structure, as defined in ORS 701.005, other than a large commercial structure described in paragraph (b) of this subsection.
 (2) An action against a person by a public body, whether in contract, tort or otherwise, arising from the person having performed the construction, alteration or repair of any improvement to real property or the supervision or inspection thereof, or from the person having furnished design, planning, surveying, architectural or engineering services for the improvement, must be commenced not more than 10 years after substantial completion or abandonment of such construction, alteration or repair of the improvement to real property.
 (3)(a) Notwithstanding subsections (1) and (2) of this section, an action against a person registered to practice architecture under ORS 671.010 to 671.220, a person registered to practice landscape architecture under ORS 671.310 to 671.459 or a person registered to practice engineering under ORS 672.002 to 672.325 to recover damages for injury to a person, property or to any interest in property, including damages for delay or economic loss, regardless of legal theory, arising out of the construction, alteration or repair of any improvement to real property must be commenced before the earliest of:
 (A) Two years after the date the injury or damage is first discovered or in the exercise of reasonable care should have been discovered;
 (B) Ten years after substantial completion or abandonment of the construction, alteration or repair of a small commercial structure, as defined in ORS 701.005, a residential structure, as defined in ORS 701.005, or a large commercial structure, as defined in ORS 701.005, that is owned or maintained by a homeowners association, as defined in ORS 94.550, or that is owned or maintained by an association of unit owners, as defined in ORS 100.005; or
 (C) Six years after substantial completion or abandonment of the construction, alteration or repair of a large commercial structure, as defined in ORS 701.005, other than a large commercial structure described in subparagraph (B) of this paragraph.
 (b) This subsection applies to actions brought by any person or public body.
 (4) For purposes of this section:
 (a) "Public body" has the meaning given that term in ORS 174.109; and
 (b) "Substantial completion" means the date when the contractee accepts in writing the construction, alteration or repair of the improvement to real property or any designated portion thereof as having reached that state of completion when it may be used or occupied for its intended purpose or, if there is no such written acceptance, the date of acceptance of the completed construction, alteration or repair of such improvement by the contractee.
 (5) For purposes of this section, an improvement to real property is considered abandoned on the same date that the improvement is considered abandoned under ORS 87.045.
 (6) This section:
 (a) Applies to an action against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010; and
 (b) Does not apply to actions against any person in actual possession and control of the improvement, as owner, tenant or otherwise, at the time such cause of action accrues. [1971 c.664 §§2,3,4; 1983 c.437 §1; 1991 c.968 §1; 2009 c.485 §3; 2009 c.715 §1; 2013 c.469 §1]
 Note: Section 2, chapter 469, Oregon Laws 2013, provides:
 Sec. 2. The amendments to ORS 12.135 by section 1 of this 2013 Act apply only to causes of action arising on or after the effective date of this 2013 Act [January 1, 2014]. [2013 c.469 §2]
 Section 12.137 - Action for loss of or damage to property arising from nuclear incident.
 (a) Within two years from the time an injured person discovers or reasonably could have discovered the injury to property and the causal connection between the injury and the nuclear incident; or
 (b) Within two years from any substantial change in the degree of injury to the property arising out of a nuclear incident.
 (2) As used in this section, "nuclear incident" has the meaning given that term in 42 U.S.C. 2014(q).
 (3) In no event shall any action under subsection (1) of this section or ORS 12.110 (5) be commenced more than 30 years from the date of the nuclear incident. [1987 c.705 §§1,2]
 Note: 12.137 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 12 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 12.140 - Actions not otherwise provided for.
 Section 12.150 - Suspension of running of statute by absence or concealment.
 Section 12.155 - Effect of notice of advance payment on running of period of limitation.
 (2) If the notice required by subsection (1) of this section is not given, the time between the date the first advance payment was made and the date a notice is actually given of the date of expiration of the period of limitation for the commencement of an action for damages set by the applicable statute of limitations is not part of the period limited for commencement of the action by the statute of limitations. [1971 c.331 §5; 1981 c.892 §85b]
 Section 12.160 - Suspension for minors and persons who have disabling mental condition.
 (2) The time for commencing an action may not be extended under subsection (1) of this section for more than five years, or for more than one year after the person attains 18 years of age, whichever occurs first.
 (3) Subject to subsection (4) of this section, if a person is entitled to bring an action mentioned in ORS 12.010 to 12.050, 12.070 to 12.250 or 12.276, and at the time the cause of action accrues the person has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know, the statute of limitation for commencing the action is tolled for so long as the person has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know.
 (4) The time for commencing an action may not be extended under subsection (3) of this section for more than five years, or for more than one year after the person no longer has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know, whichever occurs first.
 (5) If a child’s cause of action is tolled under subsection (1) of this section, a cause of action for recovery of damages for medical expenses incurred by a parent, guardian or conservator of the child is tolled for the same period of time as the child’s cause of action if the medical expenses resulted from the same wrongful conduct that is the basis of the child’s cause of action. [Amended by 1973 c.827 §4; 1979 c.246 §1; 1983 c.762 §9; 1997 c.339 §1; 2007 c.285 §1; 2015 c.510 §1]
 Section 12.170 - Disability must exist when right of action accrues.
 Section 12.180 - Coexisting disabilities must all be removed.
 Section 12.190 - Effect of death on limitations.
 (2) If a person against whom an action may be brought dies before the expiration of the time limited for its commencement, an action may be commenced against the personal representative of the person after the expiration of that time, and within one year after the death of the person. [Amended by 1969 c.591 §268]
 Section 12.195 - Effect of attorney death on limitations.
 (1) The attorney has agreed to represent the person in the action;
 (2) The attorney-client relationship between the person and the attorney is confirmed in a writing prepared by the attorney or at the direction of the attorney; and
 (3) The attorney dies before the expiration of the time allowed by statute for commencement of the action. [2005 c.457 §2]
 Note: 12.195 was added to and made a part of ORS chapter 12 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 12.200 - Suspension by war as to alien.
 Section 12.210 - Suspension by injunction or prohibition of statute.
 Section 12.220 - Commencement of new action after involuntary dismissal.
 (2) If, pursuant to subsection (1) of this section, a new action is commenced in the manner provided by ORS 12.020 not later than 180 days after the judgment dismissing the original action is entered in the register of the court, the new action is not subject to dismissal by reason of not having been commenced within the time allowed by statute.
 (3) A new action may be commenced only once under this section for the same claim or claims.
 (4) All defenses that would have been available if the original action had been commenced within the time otherwise allowed by statute shall be available in a new action commenced under this section. [Amended by 1961 c.726 §397; 2003 c.296 §1]
 Section 12.230 - Acknowledgment or promise taking contract case out of statute; effect of payment.
 Section 12.240 - Effect of payment after obligation becomes due.
 Section 12.250 - Actions by state, county or public corporations.
 Section 12.270 - Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date.
 (1) Formations and change of organizations under ORS 198.705 to 198.955.
 (2) Boundary changes under ORS 199.410 to 199.519.
 (3) Consolidations under ORS 199.705 to 199.795.
 (4) Incorporations under ORS 221.010 to 221.090.
 (5) Annexations under ORS 222.111 to 222.180, 222.750 and 222.840 to 222.915.
 (6) Consolidations under ORS 222.210 to 222.310.
 (7) Withdrawals and transfers of territory under ORS 222.510 to 222.580.
 (8) Mergers under ORS 222.610 to 222.710.
 (9) Formations and changes under ORS chapter 261.
 (10) Alterations, changes, mergers and consolidations under ORS 330.080 to 330.123, 330.505 to 330.780 (1989 Edition) and 335.490 to 335.505.
 (11) Alterations, changes, mergers and consolidations under ORS chapter 333 commenced before July 1, 2003.
 (12) Formations and boundary changes under ORS 341.025 to 341.125 and 341.565 to 341.575.
 (13) Organizations and boundary changes under ORS 545.002 and 545.025 to 545.043, 545.051 to 545.105, 545.109, 545.123, 545.126 and 545.131.
 (14) Formations and boundary alterations under ORS 547.005 to 547.060 and 547.250 to 547.260.
 (15) Formations and organizations under ORS chapter 551. [1975 c.326 §2; 1991 c.167 §1; 1999 c.452 §29; 2003 c.226 §20; 2005 c.209 §1]
 Note: 12.270 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 12 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 12.272 - Action based on pesticide application.
 (a) The landowner or pesticide operator who is allegedly responsible for the loss; and
 (b) The person for whom the pesticide was applied if that person is not the person commencing the action.
 (2) For the purposes of this section:
 (a) "Landowner" includes any person, firm, corporation, the state, any county within the state, or municipality, shown by records of the county to be the owner of land or having such land under contract for purchase.
 (b) "Pesticide operator" has the meaning given in ORS 634.006. [1991 c.351 §3; 1995 c.96 §1]
 Section 12.274 - Action against trustee of express trust.
 Section 12.276 - Action for death, injury or damage resulting from breast implants.
 (a) The death or specific injury, disease or damage for which the plaintiff seeks recovery;
 (b) The tortious nature of the act or omission of the defendant that gives rise to a claim for relief against the defendant; and
 (c) All other elements required to establish plaintiff’s claim for relief.
 (2) Except as provided in subsections (3) and (4) of this section, an action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component is not subject to ORS 12.110 (1) or 12.115 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.
 (3) An action for death, injury or damage against a physician licensed pursuant to ORS chapter 677, or against a health care facility licensed under ORS chapter 441, resulting from breast implants containing silicone, silica or silicon as a component, remains subject to the limitations imposed by ORS 12.110 (4), 12.115, 30.020 and 30.075.
 (4) An action for death, injury or damage against a person that supplied component parts or raw materials to manufacturers of breast implants containing silicone, silica or silicon as a component remains subject to the limitations imposed by ORS 12.110 (1), 12.115, 30.020 and 30.075 if:
 (a) The person did not manufacture breast implants containing silicone, silica or silicon as a component at any time; and
 (b) The person was not owned by and did not own a business that manufactured breast implants containing silicone, silica or silicon as a component at any time.
 (5) For the purposes of subsection (1) of this section, an action for wrongful death must be commenced not later than two years after the earliest date that the discoveries required by subsection (1) of this section are made by any of the following persons:
 (a) The decedent;
 (b) The personal representative for the decedent; or
 (c) Any person for whose benefit the action could be brought. [1993 c.259 §2; 2009 c.485 §4; 2011 c.9 §2]
 Section 12.278 - Action against manufacturer of certain pickup trucks.
 (2) A civil action against a manufacturer of pickup trucks for death, injury or damage resulting from a fire caused by rupture of a sidesaddle gas tank in a vehicle collision is not subject to ORS 12.115, 30.020, 30.905 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.
 (3) For the purposes of this section, "sidesaddle gas tank" means a gas tank mounted outside of the side rails of the frame of a pickup truck. [1995 c.55 §2; 2009 c.485 §5]
 Section 12.280 - Action based on practice of land surveying.
 Section 12.282 - Action against manufacturer of extendable equipment.
 (2) A civil action against a manufacturer of extendable equipment for injury, death or other damage arising out of contact with power lines is not subject to ORS 12.115, 30.020 or 30.905 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.
 (3) For purposes of this section, "extendable equipment" means cranes, truck-mounted cranes, truck-mounted booms, and any self-powered vehicle with booms or other extensions that can reach power lines from the ground. [1999 c.514 §1; 2009 c.485 §6]
 Note: 12.282 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 12 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 12.410 - Definitions for ORS 12.410 to 12.480.
 (1) "Claim" means a right of action that may be asserted in a civil action or proceeding and includes a right of action created by statute.
 (2) "State" means a state, commonwealth, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country or a political subdivision of any of them. [1987 c.536 §1]
 Note: 12.410 to 12.480 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 12 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 12.420 - Purpose.
 Note: See note under 12.410.
 Section 12.430 - Claims based on law of other states; limitation period.
 (a) Upon the law of one other state, the limitation period of that state applies; or
 (b) Upon the law of more than one state, the limitation period of one of those states, chosen by the law of conflict of laws of this state, applies.
 (2) The limitation period of this state applies to all other claims. [1987 c.536 §2]
 Note: See note under 12.410.
 Section 12.440 - Application of statutes and rules governing conflict of laws.
 Note: See note under 12.410.
 Section 12.450 - When limitation period of another state not applicable.
 Note: See note under 12.410.
 Section 12.460 - Claims to which statutes apply.
 (1) Accruing after January 1, 1988; or
 (2) Asserted in a civil action or proceeding more than one year after January 1, 1988, but it does not revive a claim barred before January 1, 1988. [1987 c.536 §5]
 Note: See note under 12.410.
 Section 12.470 - Severability.
 Note: See note under 12.410.
 Section 12.480 - Short title.
 Note: See note under 12.410.
 Chapter 013 - (Former Provisions)
 Section 13.310
 Section 13.370
 Section 13.400
 Section 13.410
 Chapter 014 - Jurisdiction; Venue; Change of Judge
 Section 14.030 - Jurisdiction as affected by place where cause of action or suit arises.
 Section 14.040 - Actions and suits that are to be brought where subject is situated.
 (1) Actions for the recovery of real property, or an estate or interest therein, or for injuries to real property.
 (2) Actions for the recovery of any personal property distrained for any cause.
 (3) Suits for the partition of real property.
 (4) Suits for the foreclosure of a lien or mortgage upon real property.
 (5) Suits for the determination of an adverse claim, estate, or interest in real property, or the specific performance of an agreement in relation thereto. [Amended by 1997 c.249 §12]
 Section 14.050 - Actions that are to be brought where cause 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 of water, situated in two or more counties, the action may be commenced and tried in any county bordering on such lake, river or stream, and opposite the place where the offense was committed;
 (2) Against a public officer or person specially appointed to execute the duties of the public officer for an act done by the officer or person in virtue of the office of the public officer; or against a person who, by the command of the public officer, or in aid of the public officer, shall do anything touching the duties of such officer.
 Section 14.060 - Venue of suits against state departments and officials.
 Section 14.080 - Venue for other actions; residence of corporations and partnerships.
 (2) For purposes of this section, a corporation incorporated under the laws of this state, a limited partnership or a foreign corporation authorized to do business in this state shall be deemed to be a resident of any county where the corporation or limited partnership conducts regular, sustained business activity or has an office for the transaction of business or where any agent authorized to receive process resides. A foreign corporation or foreign limited partnership not authorized to transact business in this state shall be deemed not to be a resident of any county in this state.
 (3) For purposes of this section, a partnership or other unincorporated association subject to being sued in its own name shall be deemed a resident of any county where any person resides upon whom summons could be served for service upon the partnership or unincorporated association. [Amended by 1983 c.163 §1]
 Section 14.110 - When place of trial may be changed.
 (a) That the action or suit has not been commenced in the proper county;
 (b) That the judge is a party to, or directly interested in the event of the action or suit, or connected by consanguinity or affinity within the third degree, with the adverse party or those for whom the adverse party prosecutes or defends;
 (c) That the convenience of witnesses and the parties would be promoted by such change; or
 (d) In an action, that the judge or the inhabitants of the county are so prejudiced against the party making the motion that the party cannot expect an impartial trial before the judge or in the county, as the case may be.
 (2) When the moving party in an action is a nonresident of the county, the affidavit required under this section may be made by anyone on behalf of the moving party. [Amended by 2003 c.14 §15]
 Section 14.120 - Time of motion; to what county changed; number of changes.
 Section 14.130 - Notice to proper or more convenient court.
 Section 14.160 - When change of venue complete.
 Section 14.165 - Transfer of proceeding against public body; effect of transfer on statute of limitations; adoption of rules by Court of Appeals; filing fees.
 (a) Transfer the case to the court or tribunal authorized by law to decide the case if the circuit court determines that another court or tribunal is authorized by law to decide the case;
 (b) Refer the question to the Court of Appeals if the circuit court is in doubt whether there is another court or tribunal authorized by law to decide the case; or
 (c) Dismiss the action or proceeding if the circuit court determines that no other court or tribunal is authorized by law to decide the case.
 (2) If an action or other proceeding against a public body is filed in the Court of Appeals and the Court of Appeals does not have authority to decide the case, the Court of Appeals shall:
 (a) Transfer the case to the court or tribunal authorized by law to decide the case if the Court of Appeals determines that another court or tribunal is authorized by law to decide the case; or
 (b) Dismiss the action or proceeding if the Court of Appeals determines that no other court or tribunal is authorized by law to decide the case.
 (3) If a case is transferred by the circuit court under this section to a court or tribunal other than the Court of Appeals, and the court or tribunal determines, on its own motion or on the motion of a party, that the court or tribunal is not authorized by law to decide the case, the court or tribunal shall refer the question to the Court of Appeals.
 (4) The Court of Appeals shall adopt rules for the referral of questions to the Court of Appeals under this section. The rules shall provide opportunity for the parties to address the question, but shall provide the Court of Appeals with the means to reach an expeditious and summary determination of the question.
 (5) Upon referral of a question to the Court of Appeals under this section, the Court of Appeals shall:
 (a) Transfer the case to the court or tribunal that the Court of Appeals determines to be authorized by law to decide the case;
 (b) Decide the case if the Court of Appeals is the appropriate court; or
 (c) Dismiss the action or proceeding if the Court of Appeals determines that no court or tribunal is authorized by law to decide the case.
 (6) If an action or proceeding against a public body is transferred under this section, and the action or proceeding was filed in the transferring court within the time allowed by law for filing the action or proceeding in the receiving court or tribunal, the case may not be dismissed as not being filed within the time allowed by law.
 (7) If an action or proceeding against a public body is filed in circuit court or the Court of Appeals based on a reasonable interpretation of law, and the circuit court or the Court of Appeals determines that the case should be transferred under this section, the case shall be transferred to the appropriate court or tribunal in the manner provided by this section and may not be dismissed as not being filed within the time allowed by law if:
 (a) Under the interpretation of law made by the person filing the action or proceeding, the action or proceeding was filed in the proper court;
 (b) Under the interpretation of law made by the person filing the action or proceeding, the action or proceeding was timely filed in the transferring court; and
 (c) Any delay caused by the failure to file the action or proceeding within the time allowed for filing in the receiving court or tribunal does not substantially prejudice an adverse interest or public interest.
 (8) If an order to transfer is entered under this section, the transferring court shall send a copy of the order to each party to the action or proceeding. Within 10 days after the entry of the transfer order, the person who filed the action or proceeding must file a copy of the transfer order in the receiving court or tribunal and, subject to any provision for waiver or deferral of fees, pay to the receiving court or tribunal any filing fees charged by that court or tribunal. Within such time as may be allowed by the receiving court or tribunal, the person must then comply with such additional pleading and service requirements as may be imposed by the receiving court or tribunal. The person filing the action or proceeding is not entitled to a refund of any filing fees paid to the transferring court.
 (9) The provisions of this section do not apply to any action or proceeding that is subject to the provisions of ORS 34.102.
 (10) As used in this section:
 (a) "Public body" has the meaning given in ORS 192.311.
 (b) "Tribunal" means a public body authorized by law to review decisions of another public body. [2001 c.561 §1]
 Section 14.175 - Acts, policies or practices of public body capable of repetition and likely to evade judicial review.
 (1) The party had standing to commence the action;
 (2) The act challenged by the party is capable of repetition, or the policy or practice challenged by the party continues in effect; and
 (3) The challenged policy or practice, or similar acts, are likely to evade judicial review in the future. [2007 c.770 §1]
 Section 14.210 - Disqualification of judge for cause; application of section; waiver.
 (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 disqualified from acting as such in a case in which the judge is added as a party after taking any official action as a judge in the action, suit or proceeding, and in that case the judge shall be dismissed as a party without prejudice.
 (b) Except as provided in ORS 2.111 and 2.570, a judge shall not act as judge if the judge was not present and sitting as a member of the court at the hearing of a matter submitted for its decision. A judge may sign an order or judgment reflecting a decision made by another judge if, for good cause, the judge who made the decision is not available.
 (c) A judge shall not act as judge if the judge is related to any party, or to the attorney for any party, or to the partner or office associate of any such attorney, by consanguinity or affinity within the third degree.
 (d) A judge shall not act as judge if the judge has been attorney in the action, suit or proceeding for any party.
 (e) If appeal is made from a decision of another court, or judicial review of a decision of an administrative agency is sought, a judge shall not act as judge on appeal if the judge participated in making the decision that is subject to review.
 (2) This section does not apply to an application to change the place of trial, or the regulation of the order of business in court. In the circumstances specified in subsection (1)(c) and (d) of this section, the disqualification shall be deemed waived by the parties unless a motion for disqualification of the judge is made as provided by statute or court rule. [Amended by 1983 c.763 §59; 1999 c.659 §3]
 Section 14.250 - Disqualification of judge; transfer of cause; making up issues.
 Section 14.260 - Affidavit and motion for change of judge; time for making; limit of two changes of judge.
 (2) The affidavit shall be filed with the motion at any time prior to final determination of the cause, matter or proceedings in uncontested cases, and in contested cases before or within five days after the cause, matter or proceeding is at issue upon a question of fact or within 10 days after the assignment, appointment and qualification or election and assumption of office of another judge to preside over the cause, matter or proceeding.
 (3) A motion to disqualify a judge may not be made after the judge has ruled upon any petition, demurrer or motion other than a motion to extend time in the cause, matter or proceeding. A motion to disqualify a judge or a judge pro tem, assigned by the Chief Justice of the Supreme Court to serve in a county other than the county in which the judge or judge pro tem resides may not be filed more than five days after the party or attorney appearing in the cause receives notice of the assignment.
 (4) In judicial districts having a population of 200,000 or more, the affidavit and motion for change of judge shall be made at the time and in the manner prescribed in ORS 14.270.
 (5) In judicial districts having a population of 100,000 or more, but less than 200,000, the affidavit and motion for change of judge shall be made at the time and in the manner prescribed in ORS 14.270 unless the circuit court makes local rules under ORS 3.220 adopting the procedure described in this section.
 (6) A party or attorney may not make more than two applications in any cause, matter or proceeding under this section. [1955 c.408 §1(2); 1959 c.667 §1; 1981 c.215 §6; 1987 c.338 §2; 1995 c.781 §29; 2015 c.272 §1]
 Section 14.270 - Time of making motion for change of judge in certain circumstances; limit of two changes of judge.
 Section 14.275 - Disqualification of appellate judge.
 Chapter 015 - Choice of Laws
 Section 15.100
 Section 15.300 - Definitions for 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 precedent. Except for references to the law of Oregon, "law" does not include rules governing choice of law.
 (2) "State" means the United States, any state of the United States, any territory, possession or other jurisdiction of the United States, any Indian tribe, other Native American group or Native Hawaiian group that is recognized by federal law or formally acknowledged by a state of the United States, and any foreign country, including any territorial subdivision or other entity with its own system of laws. [Formerly 81.100]
 Section 15.305 - Applicability.
 Section 15.320 - Specific types of contracts governed by Oregon law.
 (1) A contract for services to be rendered in Oregon, or for goods to be delivered in Oregon, if Oregon or any of its agencies or subdivisions is a party to the contract. The application of Oregon’s law pursuant to this subsection may be waived by a person authorized by Oregon’s law to make the waiver.
 (2) A contract for construction work to be performed primarily in Oregon.
 (3) A contract of employment for services to be rendered primarily in Oregon by a resident of Oregon.
 (4)(a) A consumer contract, if:
 (A) The consumer is a resident of Oregon at the time of contracting; and
 (B) The consumer’s assent to the contract is obtained in Oregon, or the consumer is induced to enter into the contract in substantial measure by an invitation or advertisement in Oregon.
 (b) For the purposes of this subsection, a consumer contract is a contract for the supply of goods or services that are designed primarily for personal, familial or household use. [Formerly 81.105]
 Section 15.325 - Validity of form.
 Section 15.330 - Capacity to contract.
 (2) A party that lacks capacity to enter into a contract under the law of the state in which the party resides may assert that incapacity against a party that knew or should have known of the incapacity at the time the parties entered into the contract. If a party establishes lack of capacity in the manner provided by this subsection, the consequences of the party’s incapacity are governed by the law of the state in which the incapable party resides. [Formerly 81.112]
 Section 15.335 - Consent.
 (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 conduct leading to the contract was primarily confined to that state, may invoke the law of that state to establish that the party did not consent to the contract or that the consent was not valid by reason of fraud or duress. [Formerly 81.115]
 Section 15.350 - Choice of law made by parties.
 (2) The choice of law must be express or clearly demonstrated from the terms of the contract. In a standard-form contract drafted primarily by only one of the parties, any choice of law must be express and conspicuous.
 (3) The choice of law may be made or modified after the parties enter into the contract. Any choice of law made or modified after the parties enter into the contract must be by express agreement.
 (4) Unless the parties provide otherwise, a choice of law or modification of that choice operates retrospectively to the time the parties entered into the contract. Retrospective operation under the provisions of this subsection may not prejudice the rights of third parties. [Formerly 81.120]
 Section 15.355 - Limitations on choice of law by parties.
 (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 act required by the law of the state where it is to be performed under the contract; or
 (c) Contravene an established fundamental policy embodied in the law that would otherwise govern the issue in dispute under ORS 15.360.
 (2) For purposes of subsection (1)(c) of this section, an established policy is fundamental only if the policy reflects objectives or gives effect to essential public or societal institutions beyond the allocation of rights and obligations of parties to a contract at issue. [Formerly 81.125]
 Section 15.360 - General rule.
 (1) Identifying the states that have a relevant connection with the transaction or the parties, such as the place of negotiation, making, performance or subject matter of the contract, or the domicile, habitual residence or pertinent place of business of a party;
 (2) Identifying the policies underlying any apparently conflicting laws of these states that are relevant to the issue; and
 (3) Evaluating the relative strength and pertinence of these policies in:
 (a) Meeting the needs and giving effect to the policies of the interstate and international systems; and
 (b) Facilitating the planning of transactions, protecting a party from undue imposition by another party, giving effect to justified expectations of the parties concerning which state’s law applies to the issue and minimizing adverse effects on strong legal policies of other states. [Formerly 81.130]
 Section 15.380 - Presumptive rules for specific types of contracts.
 (2)(a) Contracts involving the occupancy of real property, the land use of property or the recording of interests in real property are governed by the law of the state where the property is situated.
 (b) Contracts for personal services are governed by the law of the state where the services are to be primarily rendered pursuant to the contract.
 (c) Contracts for franchises, as defined in ORS 650.005, except for licensing clauses in such contracts, are governed by the law of the state where the franchise is to operate pursuant to the contract.
 (d) Licensing contracts and licensing clauses in contracts for franchises, as defined in ORS 650.005, are governed by the law of the state where the licensor has its place of business or residence with the closest connection to the transactions between the parties. For purposes of this subsection, "licensing" means a grant of a privilege, created by contract, that allows one party, the licensee, to use the property or right of another party, the licensor.
 (e) Agency contracts are governed by the law of the state where the agent’s duties are to be primarily performed. [Formerly 81.135]
 Section 15.400 - Definitions for 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 conduct of another person.
 (4) "Law," when used in reference to the law of another state, does not include that state’s choice-of-law rules.
 (5) "Noncontractual claim" means a claim, other than a claim for failure to perform a contractual or other consensual obligation, that arises from a tort as defined in ORS 30.260, or any conduct that caused or may cause injury compensable by damages, without regard to whether damages are sought.
 (6) "Person" means a person as defined in ORS 174.100 and a public body.
 (7) "Public body" means a public body as defined in ORS 174.109, the Oregon Health and Science University, and the Oregon State Bar.
 (8) "State" means, unless the context requires otherwise, the United States, any state, territory, possession or other jurisdiction of the United States, any Indian tribe or other Native American, Hawaiian or Alaskan group recognized by federal law or formally acknowledged by a state of the United States, and any foreign country or territorial subdivision of such country that has its own system of laws. [Formerly 31.850]
 Section 15.405 - Applicability.
 Section 15.410 - Characterization.
 (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. [Formerly 31.860]
 Section 15.415 - Localization and other factual determinations.
 (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 responsible for the injury is the state where the injurious conduct occurred.
 (2) Who caused the injury. If a person is liable for the conduct of another person, both persons are considered to have caused the injury.
 (3) Where the injury occurred. If the same conduct causes injury in more than one state, the place of injury is in the state in which most of the injurious effects occurred or may occur. If different persons suffer injury in different states by reason of the same conduct, the place of injury is determined separately for each person. If a person suffers loss by reason of injury or death of another person, the place of injury is determined based on the injury to the other person.
 (4) Who suffered the injury. If a claim is made for loss caused by injury or death of another person, both the claimant and the other person are considered to be injured persons. [Formerly 31.862]
 Section 15.420 - Determining domicile.
 (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 acquisition of a new domicile. If a person’s intent to change domicile is legally ineffective, the previously established domicile continues to be the person’s domicile.
 (c) If a person’s intent to have a domicile in a given state would be legally effective but cannot be ascertained, the state in which the person resides is the person’s domicile, and if the person resides in more than one state, the residence state that has the most pertinent connection to the disputed issue is deemed to be the domicile with regard to that issue.
 (2) The domicile of a person other than a natural person is located in the state in which the person maintains its principal place of business. If the dispute arises from activities directed from another state in which the person maintains a place of business other than the principal place of business, either state may be considered as the domicile at the choice of the other party.
 (3) The domicile of a person is determined as of the date of the injury for which the noncontractual claim is made. [Formerly 31.865]
 Section 15.430 - Claims governed by Oregon law.
 (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 the issue of applicability of foreign law.
 (3) Actions in which the party or parties who rely on foreign law fail to assist the court in establishing the relevant provisions of foreign law after being requested by the court to do so.
 (4) Actions filed against a public body of the State of Oregon, unless the application of Oregon law is waived by a person authorized by Oregon law to make the waiver on behalf of the public body.
 (5) Actions against an owner, lessor or possessor of land, buildings or other real property situated in Oregon that seek to recover for, or to prevent, injury on that property and arising out of conduct that occurs in Oregon.
 (6) Actions between an employer and an employee who is primarily employed in Oregon that arise out of an injury that occurs in Oregon.
 (7) Actions for professional malpractice arising from services rendered entirely in Oregon by personnel licensed to perform those services under Oregon law. [Formerly 31.870]
 Section 15.435 - Product liability civil actions.
 (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 occurred in Oregon, and the product:
 (A) Was manufactured or produced in Oregon; or
 (B) Was delivered when new for use or consumption in Oregon.
 (2) Subsection (1) of this section does not apply to a product liability civil action if a defendant demonstrates that the use in Oregon of the product that caused the injury could not have been foreseen and that none of the defendant’s products of the same type were available in Oregon in the ordinary course of trade at the time of the injury.
 (3) If a party demonstrates that the application of the law of a state other than Oregon to a disputed issue is substantially more appropriate under the principles of ORS 15.445, that issue shall be governed by the law of the other state.
 (4) All noncontractual claims or issues in product liability civil actions not provided for or not disposed of under this section are governed by the law of the state determined under ORS 15.445. [Formerly 31.872]
 Section 15.440 - General rules.
 (2)(a) If the injured person and the person whose conduct caused the injury were domiciled in the same state, the law of that state governs. However, the law of the state in which the injurious conduct occurred determines the standard of care by which the conduct is judged. If the injury occurred in a state other than the one in which the conduct occurred, the provisions of subsection (3)(c) of this section apply.
 (b) For the purposes of this section, persons domiciled in different states shall be treated as if domiciled in the same state to the extent that laws of those states on the disputed issues would produce the same outcome.
 (3) If the injured person and the person whose conduct caused the injury were domiciled in different states and the laws of those states on the disputed issues would produce a different outcome, the law of the state designated in this subsection governs.
 (a) If both the injurious conduct and the resulting injury occurred in the same state, the law of that state governs if either the injured person or the person whose conduct caused the injury was domiciled in that state.
 (b) If both the injurious conduct and the resulting injury occurred in a state other than the state in which either the injured person or the person whose conduct caused the injury were domiciled, the law of the state of conduct and injury governs. If a party demonstrates that, under the circumstances of the particular case, the application of that law to a disputed issue will not serve the objectives of that law, that issue will be governed by the law selected under ORS 15.445.
 (c) If the injurious conduct occurred in one state and the resulting injury in another state, the law of the state of conduct governs. However, the law of the state of injury governs if:
 (A) The activities of the person whose conduct caused the injury were such as to make foreseeable the occurrence of injury in that state; and
 (B) The injured person formally requests the application of that state’s law by a pleading or amended pleading. The request shall be deemed to encompass all claims and issues against that defendant.
 (4) If a party demonstrates that application to a disputed issue of the law of a state other than the state designated by subsection (2) or (3) of this section is substantially more appropriate under the principles of ORS 15.445, that issue is governed by the law of the other state. [Formerly 31.875]
 Section 15.445 - General and residual approach.
 (1) Identifying the states that have a relevant contact with the dispute, such as the place of the injurious conduct, the place of the resulting injury, the domicile, habitual residence or pertinent place of business of each person, or the place in which the relationship between the parties was centered;
 (2) Identifying the policies embodied in the laws of these states on the disputed issues; and
 (3) Evaluating the relative strength and pertinence of these policies with due regard to:
 (a) The policies of encouraging responsible conduct, deterring injurious conduct and providing adequate remedies for the conduct; and
 (b) The needs and policies of the interstate and international systems, including the policy of minimizing adverse effects on strongly held policies of other states. [Formerly 31.878]
 Section 15.450 - Joint tortfeasors and third parties.
 Section 15.455 - Agreements on applicable foreign law.
 Section 15.460 - Commentary.
 Chapter 016 - (Former Provisions)
 Section 16.470
 Chapter 017 - Compromise; Settlement
 Section 17.065 - Definitions for ORS 17.065 to 17.085.
 (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 a claim or right to the person against whom the claim exists.
 (4) "Settlement" means an agreement to accept as full and complete compensation for a claim a sum or value specified. [1975 c.512 §1; 1979 c.284 §49]
 Section 17.075 - When settlement prohibited between employer and employee.
 (a) Negotiate or attempt to negotiate a settlement or compromise with the injured employee;
 (b) Obtain or attempt to obtain a general release of liability from the injured employee; or
 (c) Obtain or attempt to obtain any statement, either written or oral from the injured employee.
 (2) Subsection (1)(c) of this section does not apply to the extent that compliance with statutes or rules of federal or state agencies requiring reports of accidents and injuries necessitates obtaining an employee statement within the 15-day period following the date of the injury.
 (3) Any settlement or compromise agreement entered into, any general release of liability or any written or oral statement made by any employee after the employee incurs a personal injury, that is not obtained in accordance with ORS 17.085, requiring notice, may be disavowed by the injured employee within 12 months following the date of the injury and such statement, release, compromise or settlement shall not be admissible evidence in any court action or administrative proceeding relating to the injury. [1975 c.512 §2; 2005 c.22 §5]
 Section 17.085 - When settlement allowed.
 Section 17.095 - Prohibition of confidential settlements and compromises; exceptions.
 (2) Notwithstanding subsection (1) of this section:
 (a) A public body, or officer, employee or agent of a public body, may enter into a settlement or compromise that requires the terms or conditions to be confidential if federal law requires terms or conditions of that settlement or compromise to be confidential. Only terms and conditions that are required to be confidential under federal law may be confidential in the settlement or compromise.
 (b) A court may order that the terms or conditions of a settlement or compromise that reveal the identity of a person be confidential if:
 (A) The person whose identity is revealed is a victim of sexual abuse or is under 18 years of age; and
 (B) The court determines, by written findings, that the specific privacy interests of the person outweigh the public’s interest in the terms or conditions.
 (3) Any 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, shall file with the court a full and complete disclosure of the terms and conditions of any settlement or compromise of the claims against the public body, its officers, employees or agents. The disclosure shall be filed prior to the dismissal of the action.
 (4) For the purposes of this section:
 (a) "Action" means a legal proceeding that has been commenced as provided in ORCP 3; and
 (b) "Public body" has that meaning given in ORS 30.260. [Formerly 30.402; 2005 c.352 §1]
 Section 17.100
 Section 17.230
 Section 17.250
 Section 17.315
 Section 17.990 - Penalties.
 Chapter 018 - Judgments
 Section 18.005 - Definitions.
 (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, 416.310 to 416.340, 416.400 to 416.465, 416.510 to 416.990, 419B.400 or 419C.590 or ORS chapter 25, 107, 109 or 110.
 (3) "Civil action" means any action that is not a criminal action.
 (4) "Court administrator" means a trial court administrator in a circuit court that has a trial court administrator and the clerk of the court in all other courts.
 (5) "Criminal action" has the meaning given in ORS 131.005.
 (6) "Execution" means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law.
 (7) "General judgment" means the judgment entered by a court that decides all requests for relief in the action except:
 (a) A request for relief previously decided by a limited judgment; and
 (b) A request for relief that may be decided by a supplemental judgment.
 (8) "Judgment" means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document.
 (9) "Judgment document" means a writing in the form provided by ORS 18.038 that incorporates a court’s judgment.
 (10) "Judgment lien" means:
 (a) The effect of a judgment on real property as described in ORS 18.150 (2) and (3) for the county in which the judgment is entered, and as described in ORS 18.152 (2) and (3) for a county in which the judgment is recorded under ORS 18.152; and
 (b) A support arrearage lien attaching to real property under ORS 18.150 (3) or 18.152 (3).
 (11) "Judgment remedy" means:
 (a) The ability of a judgment creditor to enforce a judgment through execution; and
 (b) Any judgment lien arising under ORS 18.150 or 18.152.
 (12) "Legal authority" means:
 (a) A statute;
 (b) An Oregon Rule of Civil Procedure;
 (c) A rule or order of the Chief Justice of the Supreme Court adopted under ORS 18.028; and
 (d) All controlling appellate court decisions in effect December 31, 2003.
 (13) "Limited judgment" means:
 (a) A judgment entered under ORCP 67 B or 67 G;
 (b) A judgment entered before the conclusion of an action in a circuit court for the partition of real property, defining the rights of the parties to the action and directing sale or partition;
 (c) An interlocutory judgment foreclosing an interest in real property; and
 (d) A judgment rendered before entry of a general judgment in an action that disposes of at least one but fewer than all requests for relief in the action and that is rendered pursuant to a legal authority that specifically authorizes that disposition by limited judgment.
 (14) "Money award" means a judgment or portion of a judgment that requires the payment of money.
 (15) "Person" includes a public body as defined in ORS 174.109.
 (16) "Request for relief" means a claim, a charge in a criminal action or any other request for a determination of the rights and liabilities of one or more parties in an action that a legal authority allows the court to decide by a judgment.
 (17) "Supplemental judgment" means a judgment that may be rendered after a general judgment pursuant to a legal authority.
 (18) "Support arrearage lien" means a lien that attaches to real property under the provisions of ORS 18.150 (3) or 18.152 (3).
 (19) "Support award" means a money award or agency order that requires the payment of child or spousal support. [2003 c.576 §1; 2005 c.542 §55; 2005 c.568 §4]
 Note: Section 7, chapter 568, Oregon Laws 2005, provides:
 Sec. 7. Sections 2 [18.245] and 6 [18.029] of this 2005 Act and the amendments to ORS 18.005 by section 4 of this 2005 Act apply to all judgments entered on or after January 1, 2004. [2005 c.568 §7]
 Note: Sections 45 and 569 (1) and (2), chapter 576, Oregon Laws 2003, provide:
 Sec. 45. (1) Except as provided by this section or by ORS chapter 18, ORS chapter 18 applies only to judgments entered on or after January 1, 2004. Nothing in chapter 576, Oregon Laws 2003, affects the validity, lien effect or enforceability of any judgment or decree entered before January 1, 2004. Nothing in chapter 576, Oregon Laws 2003, affects the validity, lien effect or enforceability of any order or warrant docketed or recorded before January 1, 2004. Except as provided by this section or ORS chapter 18, any judgment or decree entered before January 1, 2004, and any order or warrant docketed or recorded before January 1, 2004, shall continue to be governed by the law in effect on the day immediately preceding January 1, 2004.
 (2) ORS 18.107 applies to any corrected judgment entered on or after January 1, 2004, without regard to whether the original judgment is entered before, on or after January 1, 2004.
 (3) A judgment creditor may create a judgment lien for a judgment in a county other than the county in which a judgment is entered in the manner provided by ORS 18.152 without regard to whether the judgment is entered before, on or after January 1, 2004.
 (4) ORS 18.158 applies to all judgments, whether entered before, on or after January 1, 2004.
 (5) Except as provided in ORS 18.190, ORS 18.180 and 18.182 apply to all judgments, whether entered before, on or after January 1, 2004. Notwithstanding ORS 18.182, any order of renewal entered before January 1, 2004, may be recorded in the manner provided by ORS 18.182 (6) with the effect provided by ORS 18.152 (4).
 (6) ORS 18.200 applies to the release of any judgment lien after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
 (7) ORS 18.205 applies to the assignment of any judgment after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
 (8) ORS 18.225 applies to any satisfaction of judgment filed with a court on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
 (9) ORS 18.228 and 18.232 apply to all judgments, whether entered before, on or after January 1, 2004.
 (10) ORS 18.235 applies to any motion for an order declaring that a money award has been satisfied, or to determine the amount necessary to satisfy a money award, filed with a court on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
 (11) ORS 18.252 and 18.255 apply to execution on any judgment, without regard to whether the judgment was entered before, on or after January 1, 2004.
 (12) ORS 18.265 and 18.268 apply to any motion for a debtor examination made on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
 (13) ORS 18.270 applies to any written interrogatories served on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
 (14) ORS 18.465 to 18.476 and 18.492 to 18.518 (both 2003 Edition) apply to any writ of execution issued on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004. [2003 c.576 §45; 2015 c.212 §21]
 Sec. 569. (1) Except as specifically provided by this 2003 Act, the deletions of statutory references to decrees and the substitutions of references to judgments that are made by the provisions of this 2003 Act do not affect the determination as to whether a person has a right to a jury trial, the scope of review of the court’s decision under ORS 19.250, or any other procedural or substantive aspect of the proceedings giving rise to the court’s decision in an action.
 (2) Except as specifically provided by this 2003 Act, the elimination of statutory references to dockets by this 2003 Act does not affect the validity, lien effect or enforceability of any judgment docketed before the effective date of this 2003 Act [January 1, 2004]. [2003 c.576 §569(1),(2)]
 Section 18.015 - Statutory references to decrees and judgments.
 (2) References in the statutes of this state to judgments of other states include decrees of other states, and references in the statutes of this state to decrees of other states include judgments of other states. [2003 c.576 §1a]
 Section 18.025 - Courts subject to chapter.
 Section 18.028 - Authority of Chief Justice.
 (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 requests for relief that are not governed by other legal authority. [2005 c.568 §3]
 Section 18.029 - Effect of chapter on use of judgment.
 Note: See first note under 18.005.
 Section 18.031 - Contents of supplemental judgments.
 Section 18.035 - Preparation of judgment document.
 (2) In criminal actions and juvenile proceedings under ORS chapters 419A, 419B and 419C, the judge shall ensure that a judgment document complying with ORS 18.038 and 18.048 is created and filed. [2003 c.576 §3; 2005 c.568 §11]
 Section 18.038 - Form of judgment document generally.
 (2) The title of a judgment document must indicate whether the judgment is a limited judgment, a general judgment or a supplemental judgment. This subsection does not apply to:
 (a) Justice courts, municipal courts and county courts performing judicial functions.
 (b) Judgments in criminal actions.
 (c) Judgments in juvenile proceedings under ORS chapters 419A, 419B and 419C.
 (3) A judgment document must be separate from any other document in the action. The judgment document may have attached affidavits, certificates, motions, stipulations and exhibits as necessary or proper in support of the judgment.
 (4) A judgment document must include:
 (a) The name of the court rendering the judgment and the file number or other identifier used by the court for the action or actions decided by the judgment;
 (b) The names of any parties in whose favor the judgment is given and the names of any parties against whom the judgment is given; and
 (c) The signature of the judge rendering the judgment, or the signature of the court administrator if the court administrator is authorized by law to sign the judgment document, and the date the judgment document is signed.
 (5) This section does not apply to any foreign judgment filed with a court under ORS 24.115 or 110.605 to 110.611. [2003 c.576 §4; 2005 c.568 §38; 2015 c.298 §81]
 Section 18.042 - Judgment in civil action that includes money award.
 (2) The separate section required by subsection (1) of this section must include all of the following:
 (a) The name and address of each judgment creditor and the name, address and telephone number of any attorney who represents one or more of the judgment creditors.
 (b) The name of each judgment debtor and, to the extent known by the judgment creditor:
 (A) The address of each judgment debtor;
 (B) The year of birth of each judgment debtor;
 (C) The final four digits of the tax identification number of each judgment debtor, or the final four digits of the Social Security number of each judgment debtor;
 (D) The final four digits of the driver license number of each judgment debtor and the name of the state that issued the license; and
 (E) The name of any attorney for each judgment debtor.
 (c) The name of any person or public body, as defined in ORS 174.109, other than the judgment creditor’s attorney, that is known by the judgment creditor to be entitled to any portion of the money award.
 (d) The amount of money awarded in the judgment, exclusive of amounts required to be included in the separate section under paragraphs (e) to (h) of this subsection.
 (e) Any interest owed as of the date the judgment is entered in the register, either as a specific amount or as accrual information, including the rate or rates of interest, the balance or balances upon which interest accrues, the date or dates from which interest at each rate on each balance runs, and whether interest is simple or compounded and, if compounded, at what intervals.
 (f) Information about interest that accrues on the judgment after entry in the register, including the rate or rates of interest, the balance or balances upon which interest accrues, the date or dates from which interest at each rate on each balance runs, and whether interest is simple or compounded and, if compounded, at what intervals.
 (g) For monetary obligations that are payable on a periodic basis, any accrued arrearages, required further payments per period and payment dates.
 (h) If the judgment requires the payment of costs and disbursements or attorney fees, a statement indicating that the award is made, any specific amounts awarded, a clear identification of the specific requests for relief for which any attorney fees are awarded and the amount of attorney fees awarded for each request for relief.
 (3) The information required by subsection (2) of this section must be set forth in the money award section of the judgment document in the same order as the requirements appear in subsection (2) of this section.
 (4) The separate section required by subsection (1) of this section must be placed immediately above the judge’s or court administrator’s signature. The separate section must be clearly labeled at its beginning as a money award. If the judgment includes a support award, the label of the separate section must so indicate. Except for information described in ORS 24.290, the separate section of the judgment document may not contain any provision except the information required by this section.
 (5) The provisions of this section do not apply to foreign judgments that are filed with a court under ORS 24.115 or 110.605 to 110.611. If a foreign judgment is filed with the court under ORS 24.115, the separate statement required by ORS 24.125 must be filed with the foreign judgment. [2003 c.576 §5; 2005 c.568 §12; 2007 c.339 §1; 2009 c.230 §1; 2015 c.197 §1; 2015 c.298 §82]
 Note: Section 6 (1), chapter 230, Oregon Laws 2009, provides:
 Sec. 6. (1) The amendments to ORS 18.042 by section 1 of this 2009 Act apply only to judgments entered on or after the effective date of this 2009 Act [June 4, 2009]. [2009 c.230 §6(1)]
 Section 18.048 - Judgment in criminal action that contains money award.
 (2) The separate money award section described by subsection (1) of this section must contain the following information:
 (a) A listing of the specific amounts awarded as fines, assessments, costs, restitution and any other monetary obligations imposed in the sentence as part of the money award. If the court is unable to determine the full amount of restitution at the time of sentencing, the court may include the amount that can be determined or may establish a maximum amount.
 (b) If restitution or a compensatory fine is ordered, the name of the person to whom the court should disburse payments, unless the victim requests that this information be exempt from disclosure in the public record.
 (c) A statement that, subject to amendment of a judgment under ORS 137.107, money required to be paid as a condition of probation remains payable after revocation of probation only if the amount is included in the money award portion of the judgment document, even if the amount is referred to in other parts of the judgment document.
 (d) Unless immediate payment is required, the specific terms of payment imposed or allowed by the court.
 (e) If payment of all or part of a monetary obligation is suspended, a statement specifying the nature and amount of the suspended obligations.
 (3) The requirements of this section and ORS 18.038 do not apply to a judgment document if the action was commenced by the issuance of a uniform citation adopted under ORS 1.525 and the court has used the space on the citation for the entry of a judgment. The exemption provided by this subsection does not apply if any indictment, information or complaint other than a uniform citation is filed in the action.
 (4) If a judgment is for conviction of a violation as described in ORS 153.008, the judgment creates a lien only if the court so orders. If a judgment does not create a lien under this subsection, the judgment document need not contain the separate money award section described by subsection (1) of this section.
 (5) A judgment in a criminal action that contains a money award is a judgment in favor of the state and may be enforced only by the state.
 (6) A judgment in a criminal action that includes a money award, but does not contain a separate section clearly labeled as a money award, does not create a judgment lien but may be enforced by any other judgment remedy. [2003 c.576 §6; 2005 c.566 §13; 2005 c.568 §13; 2005 c.618 §3a; 2015 c.197 §2]
 Note: Section 8 (1), chapter 618, Oregon Laws 2005, provides:
 Sec. 8. (1) The amendments to ORS 18.048, 18.075, 18.180 and 18.194 by sections 1 to 4 of this 2005 Act apply to judgments entered on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.618 §8(1)]
 Section 18.049 - Adjustments to money awards.
 Section 18.052 - Duty of judge with respect to form of judgment document.
 (2) A court administrator who signs a judgment under authority granted by law has the same duties as a judge under the provisions of this section.
 (3) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §7; 2005 c.561 §1; 2005 c.568 §14]
 Section 18.058 - Duty of court administrator with respect to form of judgment document.
 (2) If the title of a document filed with the court administrator indicates that the document is a decree, or indicates that the document is a judgment but fails to indicate whether the judgment is a limited judgment, general judgment or supplemental judgment, the court administrator may not note in the register that a judgment document has been filed, and shall return the document to the judge, unless the judgment is exempt under ORS 18.038 (2).
 (3) The court administrator may rely on a judgment document for entry of information in the register. The court administrator is not liable for entering any information in the register that reflects information contained in a judgment document, whether or not the information in the judgment is correct or properly presented.
 (4) The court administrator may rely on the presence or absence of a separate section in the judgment document required by ORS 18.042 or 18.048 in determining whether a judgment contains a money award. The court administrator shall enter information in the register and in the judgment lien record only from the separate section unless otherwise ordered by the court.
 (5) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §8; 2007 c.339 §3]
 Section 18.062 - Use of electronic judgment forms.
 Section 18.075 - Entry of judgments in circuit courts generally.
 (2) Subject to ORS 18.058 (2), when a judge files a judgment document with the court administrator, the court administrator shall note in the register:
 (a) That the judgment document has been filed and the day, hour and minute that the judgment is entered.
 (b) Whether the judgment is a limited judgment, a general judgment or a supplemental judgment.
 (c) Whether the judgment includes a money award.
 (d) Whether the judgment creates a judgment lien under ORS 18.150.
 (3) If the court administrator notes in the register that a judgment creates a judgment lien, the court administrator shall note in a judgment lien record maintained by the court administrator:
 (a) The name of all judgment debtors.
 (b) The name of all judgment creditors.
 (c) The amount of the money award.
 (d) Whether the money award includes a support award or an award of restitution.
 (4) If the court administrator makes a notation of judgment in the judgment lien record, the court administrator shall thereafter also note in the judgment lien record:
 (a) The date on which any appeal is filed.
 (b) Whether a supersedeas undertaking, as defined in ORS 19.005, is filed.
 (c) The date of any decision on appeal.
 (d) Any execution issued by the court and the return on any execution.
 (e) Any satisfaction of the judgment, when entered.
 (f) Other such information as may be deemed necessary by court order or court rule.
 (5) The court administrator shall enter a judgment in the register within 24 hours after the judgment document is filed with court administrator, excluding Saturdays and legal holidays. If the court administrator is not able to enter the judgment within the time prescribed in this subsection, or fails to do so, the court administrator shall enter the judgment as soon as practicable thereafter.
 (6) Except as provided in ORS 18.058, the court administrator shall be subject to the direction of the court in entering judgments in the register.
 (7) The court administrator shall not delay entry of judgment under ORCP 68 for taxation of attorney fees or costs and disbursements.
 (8) Administrative orders entered in the register under ORS 416.440 have the effect provided for in that section.
 (9) The State Court Administrator shall ensure that the register and the judgment lien record be established and maintained in a uniform manner in the circuit courts.
 (10) References in Oregon Revised Statutes to docketing of a judgment are equivalent to entry of a judgment as described in subsection (1) of this section.
 (11) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §9; 2005 c.568 §15; 2005 c.618 §2; 2007 c.339 §2; 2011 c.398 §1]
 Note: Section 9a, chapter 576, Oregon Laws 2003, provides:
 Sec. 9a. (1) Notwithstanding any other provision of sections 1 to 44 of this 2003 Act [ORS chapter 18] or any other law, a court administrator need not make any entry in the register or in the separate record maintained under section 9 of this 2003 Act [18.075] that is different from the entries made by the court administrator before the effective date of this 2003 Act [January 1, 2004] until such time as funding is available to make such modifications as may be necessary to accommodate those entries in the computer systems utilized by the circuit courts.
 (2) All references to the docket in computer records and documents of the circuit courts shall be construed to be references to the separate record maintained under section 9 of this 2003 Act, without regard to whether those records or documents are created before, on or after the effective date of this 2003 Act. Subject to availability of funding, the circuit courts shall make such changes in their computer systems and other document-generating systems as soon as possible after the effective date of this 2003 Act to eliminate references to the docket.
 (3) All references to decrees in computer records and documents of the circuit courts shall be construed to be references to judgments, without regard to whether those records or documents are created before, on or after the effective date of this 2003 Act. Subject to availability of funding, the circuit courts shall make such changes in their computer systems and other document-generating systems as soon as possible after the effective date of this 2003 Act to eliminate references to decrees.
 (4) All references to money judgments in computer records and documents of the circuit courts shall be construed to be references to money awards, without regard to whether those records or documents are created before, on or after the effective date of this 2003 Act. Subject to availability of funding, the circuit courts shall make such changes in their computer systems and other document-generating systems as soon as possible after the effective date of this 2003 Act to eliminate references to money judgments. [2003 c.576 §9a]
 Note: See note under 18.048.
 Section 18.078 - Notice of entry of judgment in circuit court civil action.
 (2) The notice required by this section must reflect:
 (a) The date the judgment was entered.
 (b) Whether the judgment was entered as a limited judgment, a general judgment or a supplemental judgment.
 (c) Whether the court administrator noted in the register that the judgment contained a money award.
 (d) Whether the court administrator noted in the register that the judgment creates a judgment lien.
 (3) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
 (4) This section does not apply to judgments in juvenile proceedings under ORS chapter 419A, 419B or 419C, civil commitment proceedings, probate proceedings, adoptions or guardianship or conservatorship proceedings under ORS chapter 125. [2003 c.576 §10; 2005 c.568 §16]
 Note: Section 10a, chapter 576, Oregon Laws 2003, provides:
 Sec. 10a. Notwithstanding any other provision of sections 1 to 44 of this 2003 Act [ORS chapter 18] or any other law, a court administrator need not mail notice of judgment in the form provided by section 10 of this 2003 Act [18.078] and may continue to use the form of notice used by the court administrator before the effective date of this 2003 Act [January 1, 2004] until such time as funding is available to allow use of notices of judgments in the form provided by section 10 of this 2003 Act. [2003 c.576 §10a]
 Section 18.082 - Effect of entry of judgment.
 (a) Becomes the exclusive statement of the court’s decision in the case and governs the rights and obligations of the parties that are subject to the judgment;
 (b) May be enforced in the manner provided by law;
 (c) May be appealed in the manner provided by law;
 (d) Acts as official notice of the court’s decision; and
 (e) May be set aside or modified only by the court rendering the judgment or by another court or tribunal with the same or greater authority than the court rendering the judgment.
 (2) A general judgment incorporates a previous written decision of the court that decides one or more requests for relief in the case and that:
 (a) Is not a judgment;
 (b) Is consistent with the terms of the general judgment and any limited judgments in the case; and
 (c) Reflects an express determination by the court that the decision be conclusive as to the requests for relief that are resolved.
 (3) Upon entry of a general judgment, any request for relief in the action that is not decided by the general judgment or by a previous limited judgment, that has not been incorporated into the general judgment under subsection (2) of this section, or that cannot be decided by a supplemental judgment, is dismissed with prejudice unless the judgment provides that the dismissal is without prejudice.
 (4) Subsection (3) of this section does not affect the right of any party to assign error on appeal to any decision of a court made by order during an action.
 (5) Subsection (3) of this section does not apply to a general judgment of dismissal. Except as otherwise provided by law, by the Oregon Rules of Civil Procedure or by the terms of the judgment, a general judgment of dismissal is without prejudice as to any request for relief in the action.
 (6) If a document labeled as a decree is filed with the court administrator, or a judgment document is filed with the court administrator that does not indicate whether the judgment is a limited, general or supplemental judgment, and the court administrator fails to comply with ORS 18.058 and makes an entry in the register indicating that a judgment has been filed with court administrator, the document has the effect of a general judgment entered in circuit court. [2003 c.576 §11; 2005 c.568 §17]
 Section 18.107 - Corrections to civil judgments.
 (2) Unless a correction to a judgment affects a substantial right of a party, the time for appeal of the judgment commences upon entry of the original judgment.
 (3) If the correction of a judgment affects a substantial right of a party, and the corrected judgment is entered before the time for appealing the original judgment has expired, the time for appeal of the judgment commences upon entry of the corrected judgment. If the correction affects a substantial right of a party, and the corrected judgment is entered after the time for appealing the original judgment has expired, the time for appeal of the corrected portions of the judgment and all other portions of the judgment affected by the correction commences upon entry of the corrected judgment.
 (4) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
 (5) This section does not apply to juvenile proceedings under ORS chapter 419B. [2003 c.576 §12]
 Section 18.112 - Correction of designation of judgment as general judgment.
 (a) Except by operation of ORS 18.082 (3), the judgment does not decide all requests for relief in the action other than requests for relief previously decided by a limited judgment or requests for relief that could be decided by a supplemental judgment; and
 (b) The judgment was inadvertently designated as a general judgment under circumstances that indicate that the moving party did not reasonably understand that the requests for relief that were not expressly decided by the judgment would be dismissed.
 (2) A motion under subsection (1) of this section must be filed within the time provided by ORCP 71 B.
 (3) Upon motion of any party, the court shall enter a corrected judgment under ORS 18.107 that changes to a limited judgment any document that has the effect of a general judgment under the provisions of ORS 18.082 (6) unless all requests for relief in the action are decided by the terms of the document, by previous limited judgments entered in the action or by written decisions of the court that are incorporated in a general judgment under the provisions of ORS 18.082 (2).
 (4) Notwithstanding ORS 18.107, the time for appeal of the judgment corrected under this section commences from the entry of the corrected judgment. A motion may be filed under this section while an appeal is pending as provided in ORCP 71 B(2).
 (5) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §13; 2005 c.568 §18]
 Section 18.150 - Judgment liens in circuit courts.
 (a) The judgment is entered in the small claims department of a circuit court in an amount of less than $3,000, exclusive of costs, and the judgment creditor has not created a judgment lien for the judgment as provided in ORS 46.488;
 (b) The judgment is entered in a criminal action for conviction of a violation, and the court does not order under ORS 18.048 (4) that the judgment creates a judgment lien;
 (c) The judgment is entered under ORS 153.820; or
 (d) The judgment does not create a lien by operation of other law.
 (2) Except as provided in this section, if the court administrator notes in the register that a judgment creates a judgment lien, the judgment has the following effect in the county in which the judgment is entered:
 (a) When the judgment is entered, the judgment lien attaches to all real property of the judgment debtor in the county at that time; and
 (b) The judgment lien attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is entered and before the judgment lien expires.
 (3) Except as provided in this section, if the court administrator notes in the register that a judgment creates a judgment lien and the judgment contains a support award, the support award portion of the judgment has the following effect in the county in which the judgment is entered:
 (a) Any lump sum support award existing when the judgment is entered creates a support arrearage lien and has the effect specified by subsection (2) of this section;
 (b) When an installment becomes due under the terms of the support award and is not paid, a support arrearage lien for the unpaid installment attaches to all real property of the judgment debtor in the county at that time; and
 (c) When an installment becomes due under the terms of the support award and is not paid, a support arrearage lien attaches to all real property that the judgment debtor thereafter acquires in the county for the purpose of enforcing the unpaid installment, and remains attached to that property until satisfaction is made for the installment or the judgment lien arising from support award portion of the judgment expires.
 (4) Real property may be conveyed or encumbered free of a judgment lien created by the support award portion of a judgment, but the conveyance or encumbrance is subject to any support arrearage lien that attached to the real property under this section or ORS 18.152.
 (5) A judgment lien does not attach to any real property of a judgment debtor acquired after the debt giving rise to the judgment is discharged under federal bankruptcy laws. Debts are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the debt has been discharged.
 (6) A court administrator may rely on the judgment document to determine whether a judgment creates a judgment lien.
 (7) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §14; 2005 c.568 §19]
 Section 18.152 - Establishing judgment liens in other counties.
 (2) Except as provided in this section, a judgment recorded under this section has the following effect in the county in which the judgment is recorded:
 (a) When the judgment is recorded, the judgment lien attaches to all real property of the judgment debtor in the county at that time; and
 (b) The judgment lien attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is recorded and before the judgment lien expires.
 (3) Except as provided in this section, if a judgment recorded under this section contains a support award, the support award portion of the judgment has the following effect in the county in which the judgment is recorded:
 (a) When the judgment is recorded, a support arrearage lien attaches to all real property of the judgment debtor in the county at that time for any unpaid lump sum support award contained in the judgment or any unpaid installment that became due under the terms of the support award before the judgment was recorded.
 (b) A support arrearage lien for any unpaid lump sum support award contained in the judgment or any unpaid installment that became due under the terms of the support award before the judgment was recorded attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is recorded and before full satisfaction is made for the lump sum or installment or the judgment lien of the support award portion of the judgment expires.
 (c) If an installment becomes due under the terms of the support award and is not paid after the judgment is recorded, a support arrearage lien for the installment attaches to all real property of the judgment debtor in the county at the time the installment becomes due and attaches to all real property that the judgment debtor thereafter acquires in the county until full satisfaction is made for the installment or the judgment lien of the support award portion of the judgment expires.
 (4)(a) If a certificate of extension is filed under ORS 18.182, and the certificate is filed before the judgment is recorded under this section, a judgment creditor may record a certified copy of the certificate or a lien record abstract for the certificate with the judgment. The recording shall act to extend the judgment lien of a judgment, and any support arrearage lien, in the county for the time provided in ORS 18.180 to 18.190.
 (b) If a certificate of extension is filed under ORS 18.182, and the certificate is filed after the judgment is recorded under this section, a judgment creditor may record a certified copy of the certificate or a lien record abstract for the certificate in the County Clerk Lien Record in any county in which the judgment has been recorded under subsection (1) of this section. If the recording is made before the time that the judgment lien for the judgment would otherwise have expired under ORS 18.180 to 18.190, the recording extends the judgment lien of the judgment, without loss of priority, for the time provided in ORS 18.180 to 18.190. If the recording is made after the time that the judgment lien for the judgment would otherwise have expired under ORS 18.180 to 18.190, the recording extends the judgment lien of the judgment for the time provided in ORS 18.180 to 18.190, but the lien is subordinate to all other interests that are of record on the date the certificate or lien record abstract is recorded.
 (5) When the judgment lien of a judgment expires in the county in which the judgment was originally entered, the judgment lien and any support arrearage lien created under this section expires in the other county or counties in which the judgment has been recorded.
 (6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §15; 2005 c.568 §20]
 Section 18.154 - Appeal; motion to eliminate lien.
 Section 18.158 - Judgment lien based on judgment for child support or spousal support entered in another state.
 (2) If a judgment of another state described in subsection (1) of this section is extended or renewed under the laws of the state that rendered the judgment, a judgment creditor under the judgment may record a certified copy of the extension or renewal in the County Clerk Lien Record for any county in this state or may record a lien record abstract for extension or renewal in the County Clerk Lien Record for any county in this state.
 (3) Upon recording a judgment, lien record abstract, extension or renewal under this section, the judgment creates a judgment lien as described in ORS 18.152 (3).
 (4) When the judgment expires in the state in which the judgment was originally entered, the judgment lien and any support arrearage lien created under this section expire in every county in which the judgment has been recorded under this section.
 (5) Liens arising by operation of law in another state against real property for amounts of overdue payments under a support order, as defined in ORS 110.503, shall be accorded full faith and credit if the state agency, party or other entity seeking to enforce the lien follows the applicable procedures for recording and service of notice of claim of lien as required by this section. A state agency, party or other entity may not file an action to enforce a lien described in this section until the underlying judgment has been filed in Oregon as provided in ORS chapter 110.
 (6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §17; 2015 c.298 §83]
 Section 18.162 - Judgment lien based on justice and municipal court judgments; satisfaction filing fee.
 (2) The judgment lien of a judgment entered in a justice or municipal court may be eliminated as provided in ORS 18.154 if an appeal is taken from the judgment. The clerk of the justice or municipal court shall note the elimination of the lien in the judgment docket.
 (3) When the lien of a justice or municipal court judgment ceases in the county in which the judgment was originally recorded or transcribed, the lien shall cease in every other county in which a certified copy of the judgment or a lien record abstract has been recorded. When the judgment has been fully satisfied, it is the responsibility of the judgment creditor to file a full satisfaction in any circuit court to which the judgment has been transcribed under ORS 52.635, and to record the satisfaction in the County Clerk Lien Record for the county in which the court is located if a certified copy of the judgment or a lien record abstract for the judgment was recorded in that County Clerk Lien Record. Upon satisfaction in full of the judgment, the judgment creditor shall deliver to the judgment debtor an executed satisfaction of the judgment for any other county where a certified copy of the judgment or a lien record abstract has been recorded. The county clerk shall charge a fee as provided in ORS 205.320 for filing a satisfaction of judgment. [Formerly 18.355]
 Section 18.165 - Priority of judgment lien over unrecorded conveyance.
 (a) The grantee under the conveyance is a purchaser in good faith for a valuable consideration, the conveyance is delivered and accepted before the judgment is entered or recorded in the county where the property is located and the conveyance or memorandum of the conveyance is recorded within 20 days after delivery and acceptance of the conveyance, excluding Saturdays and legal holidays under ORS 187.010 and 187.020;
 (b) The judgment creditor has actual notice, record notice or inquiry notice of a conveyance of the debtor’s interest to a grantee when the judgment is entered or recorded in the county;
 (c) The conveyance by the debtor is a fulfillment deed entitled to priority over the judgment under ORS 93.645; or
 (d) The conveyance is a mortgage, trust deed or other security instrument given by the debtor to secure financing for the purchase by the debtor of the real property described in the conveyance.
 (2) For the purpose of subsection (1)(a) of this section, a memorandum of conveyance must contain the date of the instrument being memorialized, the names of the parties, a legal description of the real property involved and a description of the nature of the interest created. The memorandum must be signed by the person from whom the interest is intended to pass, and be acknowledged or proved in the manner provided for the acknowledgment or proof of deeds.
 (3) As used in this section:
 (a) "Conveyance" means a deed, a land sale contract, an assignment of all or any portion of a seller’s or purchaser’s interest in a land sale contract or any other agreement affecting the title of real property within this state, including a trust deed, a mortgage, an assignment for security purposes or an assignment solely of proceeds, given by a purchaser or seller under a land sale contract or given by a person with title to the real property.
 (b) "Grantee" means:
 (A) The person deemed to be the mortgagee under a trust deed pursuant to ORS 86.715; and
 (B) Any other person to whom the interest that is the subject of a conveyance is intended to pass. [Formerly 18.370; 2005 c.568 §21; 2007 c.166 §1]
 Section 18.170 - Form for lien record abstract; rules.
 ______________________________________________________________________________
 LIEN RECORD ABSTRACT
 The undersigned states:
 A.
 Creditor/Prevailing Party Information
 :
 __ 1. The creditor/prevailing party is:
 _____________________
 and the address of the creditor is:
 _____________________
 _____________________
 under judgment, order or petition
 entered on _____ (date) in
 the _____ Court for
 _____(County) of _____ (State)
 under Case No._____.
 __ 2. The creditor’s attorney’s name is
 _____________________
 Attorney’s Address is:
 _____________________
 Attorney’s Phone No. is: ______
 B.
 Debtor/Losing Party Information
 :
 __ 1. The debtor/losing party is:
 _____________________
 __ 2. Debtor’s address (if known):
 _____________________
 _____________________
 __ 3. The final four digits of the debtor’s
 Taxpayer Identification No.,
 or the final four digits of
 the debtor’s Social Security No.
 (if known):
 _____________________
 __ 4. The final four digits of the debtor’s
 driver license no. and state of
 issuance for the license (if known):
 _____________________
 __ 5. Name of debtor’s attorney
 (if known):
 _____________________
 C.
 Judgment Information
 :
 __ 1. The amount of the judgment is:
 _____________________
 __ 2. The amount of the costs is:
 _____________________
 __ 3. The amount of attorney fees, if any
 is: _____________________
 D.
 The Real or Personal Property to Be
 Affected
 (Check appropriate box):
 __ All real property of the debtor/losing
 party, now or hereafter acquired,
 in ________ County as provided
 under ORS 18.152
 __ The following described real or
 personal property of debtor (legal
 description as set forth or on
 attached Exhibit):
 _____________________
 _____________________
 _____________________
 _____________________
 IN WITNESS WHEREOF, the
 undersigned person or persons have
 executed this abstract this ___ day
 of______, 2___.
 ____________ ____________
 ____________ ____________
 State of Oregon )
 ) ss.
 County of_____ )
 The foregoing instrument was acknowledged before me this ___ day of___, 2___, by____________.
 __________________
 Notary Public for Oregon
 My commission expires: _________
 State of Oregon )
 ) ss.
 County of_____ )
 The foregoing instrument was acknowledged before me this ___ day of___, 2___, by ____________ and by ____________ of____________, a corporation on behalf of the corporation.
 __________________
 Notary Public for Oregon
 My commission expires: _________
 ______________________________________________________________________________
 (2) A lien record abstract that is the result of a judgment for unpaid child or spousal support entered in another state shall be on the form prescribed by rules adopted by the Department of Justice in lieu of the form required by subsection (1) of this section. [Formerly 18.325; 2009 c.230 §2; 2015 c.197 §3]
 Section 18.180 - Expiration of judgment remedies in circuit court.
 (2) If a judgment lien arises out of a support award under ORS 18.150 (3) or 18.152 (3), a support arrearage lien attaching to real property under the judgment lien expires upon satisfaction of the unpaid installment that gave rise to the support arrearage lien.
 (3) Except as provided in ORS 18.180 to 18.190, judgment remedies for a judgment in a civil action expire 10 years after the entry of the judgment.
 (4) Except as provided in this subsection, judgment remedies for a judgment in a criminal action expire 20 years after the entry of the judgment. Judgment remedies for a judgment in a criminal action that includes a money award for restitution expire 50 years after the entry of the judgment.
 (5) Judgment remedies for the child support award portion of a judgment, and any lump sum support award for child support, expire 35 years after the entry of the judgment that first establishes the support obligation.
 (6)(a) Except as provided by paragraph (b) of this subsection and ORS 18.190, judgment remedies for any unpaid installment under the spousal support award portion of a judgment, including any installment arrearage lien arising under the judgment, expire 25 years after the entry of the judgment that first establishes the support obligation, or 10 years after an installment comes due under the judgment and is not paid, whichever is later.
 (b) The judgment lien for the spousal support award portion of a judgment that is entered on or after January 1, 2004, including any installment arrearage lien arising under the judgment, expires 25 years after the entry of the judgment that first establishes the support obligation unless a certificate of extension is filed under ORS 18.185.
 (7)(a) If a money award in a judgment under ORS 107.105 (1)(f) provides for a future payment of money, judgment remedies for the portion of the judgment providing for future payment expire 10 years after the date on which the future payment becomes due. At any time before the judgment remedies for a money award described in this subsection expire, judgment remedies for the portion of the judgment providing for a future payment may be extended as provided in ORS 18.182.
 (b) This subsection does not apply to support awards.
 (8) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §18; 2005 c.568 §22; 2005 c.618 §1; 2007 c.22 §1; 2009 c.354 §1; 2015 c.212 §22]
 Note: See note under 18.048.
 Note: Section 2, chapter 354, Oregon Laws 2009, provides:
 Sec. 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 18.180 by section 1 of this 2009 Act apply to all judgments, whether entered before, on or after the effective date of this 2009 Act [January 1, 2010].
 (2) The amendments to ORS 18.180 by section 1 of this 2009 Act do not operate to revive any judgment remedies that expired before the effective date of this 2009 Act under the provisions of ORS 18.180 as in effect immediately before the effective date of this 2009 Act. [2009 c.354 §2]
 Section 18.182 - Extension of judgment remedies.
 (a) Judgment remedies for the judgment have not expired under ORS 18.180; and
 (b) A full satisfaction document for the money award portion of the judgment has not been filed.
 (2) Notwithstanding subsection (1) of this section, if the judgment debtor has been discharged from debt under federal bankruptcy laws, a certificate of extension may not be filed except as provided in this subsection. Judgments are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the judgment has been discharged. If the judgment debtor is discharged from a debt, a certificate of extension may be filed if:
 (a) The debtor owned real property and the judgment lien attached to that property before the filing of the bankruptcy petition;
 (b) The judgment lien was not avoided by action of the bankruptcy court;
 (c) The judgment lien has not been discharged under ORS 18.238; and
 (d) The certificate of extension includes a legal description of the real property and a statement that the extension affects only the lien on the real property described in the certificate.
 (3) A certificate of extension must be signed by the judgment creditor, or by an attorney who represents the judgment creditor.
 (4) Subject to ORS 18.190, if a certificate of extension is filed after the date on which the judgment remedies for the judgment expire under ORS 18.180, the certificate has no effect.
 (5) The judgment remedies for a judgment that are extended under the provisions of this section expire 10 years after the certificate of extension is filed. Judgment remedies for a judgment may be extended only once under the provisions of this section.
 (6) A certified copy of a certificate of extension, or a lien record abstract for the certificate, may be recorded in any county in which the judgment was recorded under ORS 18.152, with the effect provided by ORS 18.152 (4).
 (7) Except as provided in ORS 18.185 and 18.190, the judgment remedies for the support award portion of a judgment, and any lump sum money award for unpaid child support installments, may not be extended under this section.
 (8) The judgment remedies for a judgment in a criminal action may not be extended under this section.
 (9) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §19; 2007 c.339 §5; 2015 c.212 §23]
 Section 18.185 - Extension of judgment lien of spousal support award.
 (a) The judgment lien for the spousal support award portion of the judgment expires 10 years after the certificate of extension is filed; and
 (b) Any installment arrearage lien that arises under the judgment, whether before or after the filing of the certificate, expires 10 years after the installment comes due and is not paid or when the judgment lien for the spousal support award portion of the judgment expires under paragraph (a) of this subsection, whichever is first.
 (2) Notwithstanding ORS 18.182 (5), certificates of extension under ORS 18.182 may continue to be filed in the manner provided by subsection (1) of this section and with like effect for as long as the judgment lien for the spousal support award portion of a judgment has not expired and any installments remain to be paid under the judgment. [2003 c.576 §20]
 Section 18.190 - Spousal support awards in judgments entered before January 1, 2004.
 (2) ORS 18.180 (6) does not operate to revive the judgment lien of any judgment that expired before January 1, 2004, under the statutes in effect immediately before January 1, 2004.
 (3) This section and ORS 18.180 (6) do not limit the time during which judgment remedies are available for any judgment entered before January 1, 2004, and those judgments may continue to be enforced for the time provided by the law in effect immediately before January 1, 2004, subject to any requirement for renewal of those judgments. [2003 c.576 §21]
 Section 18.194 - Expiration and extension of judgment remedies for justice and municipal court judgments.
 (2) Except as provided in this section, judgment remedies for a judgment in a civil action in a justice or municipal court expire 10 years after the entry of the judgment.
 (3) Except as provided in this subsection, judgment remedies for a judgment in a criminal action in a justice or municipal court expire 20 years after the entry of the judgment. Judgment remedies for a judgment in a criminal action in a justice or municipal court that includes a money award for restitution expire 50 years after the entry of the judgment.
 (4) Judgment remedies for a judgment in justice or municipal court may be extended by filing a certificate of extension in the court that entered the judgment. The clerk shall enter the certificate in the docket of the court. A judgment creditor may file a certificate of extension only if:
 (a) Judgment remedies for the judgment have not expired; and
 (b) A full satisfaction document for the money award portion of the judgment has not been filed.
 (5) Notwithstanding subsection (4) of this section, if the judgment debtor has been discharged from debt under federal bankruptcy laws, a certificate of extension may not be filed except as provided in this subsection. Judgments are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the judgment has been discharged. If the judgment debtor is discharged from a debt, a certificate of extension may be filed if:
 (a) The debtor owned real property and the judgment lien attached to that property before the filing of the bankruptcy petition;
 (b) The judgment lien was not avoided by action of the bankruptcy court;
 (c) The judgment lien has not been discharged under ORS 18.238; and
 (d) The certificate of extension includes a legal description of the real property and a statement that the extension affects only the lien on the real property described in the certificate.
 (6) If a certificate of extension is filed under this section after the date on which the judgment remedies for the judgment expire, the certificate has no effect.
 (7) The judgment remedies for a judgment that are extended under the provisions of this section expire 10 years after the certificate of extension is filed. Judgment remedies for a judgment may be extended only once under the provisions of this section.
 (8) A certified copy of a certificate of extension, or a lien record abstract for the certificate, may be recorded in any county in which the judgment was transcribed or recorded as provided in ORS 52.635 or 221.351, with the effect provided by ORS 18.152 (4).
 (9) The judgment remedies for a judgment in a criminal action may not be extended under this section. [Formerly 18.365; 2005 c.618 §4]
 Note: See note under 18.048.
 Section 18.200 - Release of lien.
 (2) A release of lien document may be filed with the court administrator at any time after a judgment lien attaches under ORS 18.150. The court administrator shall note in the register and in the judgment lien record that the release of lien document has been filed, and also shall note whether the release is for all real property in a county or only for a single piece of real property in a county.
 (3) A release of lien document may be recorded in any County Clerk Lien Record in which the judgment was recorded under ORS 18.152.
 (4) Upon filing or recording under this section, a release of lien document operates to eliminate any judgment lien arising from the entry or recording of the judgment to the extent reflected in the document. The filing of a release of lien document does not constitute a full or partial satisfaction of the judgment.
 (5) The court administrator may not charge a fee for filing a release of lien document.
 (6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §23; 2007 c.339 §6]
 Section 18.202 - Reinstatement of lien.
 (2) If the administrator, as defined in ORS 25.010, eliminated a judgment lien by recording a release of lien document in a County Clerk Lien Record under the provisions of ORS 18.200, the administrator may reinstate the lien by recording a notice of reinstatement in the County Clerk Lien Record for the county in which the release was recorded.
 (3) The administrator may reinstate a lien under this section only if:
 (a) The release was for all real property of a judgment debtor in a county; and
 (b) The judgment lien that was eliminated arose out of the support award portion of the judgment.
 (4) A certified copy of the judgment document, or a lien record abstract for the judgment, must be attached to the notice of reinstatement and be recorded with the notice. A notice of reinstatement may be recorded at any time after the release of lien document was filed or recorded and before the expiration of the judgment remedies for the judgment that gives rise to the judgment lien.
 (5) Upon recording a notice of reinstatement under this section, the reinstated judgment lien has the same force and effect as a judgment lien created under ORS 18.152.
 (6) A notice of reinstatement must be signed by the administrator as defined in ORS 25.010, or by an attorney who represents the administrator. The signature must be witnessed by a notary public. [2005 c.568 §9]
 Section 18.205 - Assignment of judgment.
 (a) Filed with the court administrator for the court in which the judgment was entered, and upon such filing shall be entered in the register and in the judgment lien record; or
 (b) Recorded in any County Clerk Lien Record in which the judgment was recorded under ORS 18.152.
 (2) Upon filing or recording under this section, an assignment of judgment document operates to assign the judgment creditor’s rights under the judgment to the extent reflected in the document.
 (3) If this or another state is assigned or subrogated to the support rights of a person under ORS 412.024, 418.032, 419B.406 or 419C.597 or similar statutes of another state, an assignment of judgment document bearing the signature of the Administrator of the Division of Child Support of the Department of Justice or the authorized representative of the administrator may be filed or recorded in the same manner as an assignment of judgment document under subsection (1) of this section and shall have the same effect as an assignment of judgment document signed by the judgment creditor.
 (4) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §24; 2007 c.339 §7; 2011 c.226 §1; 2015 c.7 §2]
 Section 18.225 - Satisfaction of money awards generally.
 (2) When the money award portion of a judgment has been fully satisfied, the judgment creditor must:
 (a) File a satisfaction document for the full amount of the money award portion of the judgment in the county in which the judgment was entered; and
 (b) Deliver to the judgment debtor a satisfaction document for the full amount of the money award portion of the judgment for every county in which the judgment has been recorded under ORS 18.152.
 (3) Upon request by a judgment debtor or any person with an interest in real property subject to a judgment lien, a judgment creditor must provide to the judgment debtor a satisfaction document for all amounts credited against a money award as of the date that the satisfaction document is signed.
 (4) A satisfaction document may be filed with the court administrator at any time after entry of a judgment. The court administrator may not charge a fee for filing a satisfaction document. The court administrator shall note in the register and in the judgment lien record that the satisfaction document has been filed, and shall note if the document indicates that the money award has been fully satisfied.
 (5) Upon payment of all required fees, the court administrator shall issue a certified copy of any satisfaction document filed with the court administrator and entered in the court register. The certified copy may be recorded in any County Clerk Lien Record in which the judgment was recorded under ORS 18.152.
 (6) A satisfaction document for a support award that is paid to the Department of Justice may be filed with the court administrator only as provided in ORS 18.228.
 (7) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §25; 2007 c.339 §8]
 Section 18.228 - Satisfaction of support awards payable to Department of Justice.
 (2) Any satisfaction document for a support award described in subsection (1) of this section must be mailed to or delivered to the Department of Justice, and not to the court administrator. The department shall credit the amounts reflected in the satisfaction document to the support award pay records maintained by the department. Except as provided in subsection (3) of this section, the department shall not credit amounts against the support award pay records to the extent that the judgment is assigned or subrogated to this or another state. The Department of Justice shall thereafter promptly forward the satisfaction document to the court administrator for the court in which the money award was entered, together with a certificate from the department stating the amounts reflected as paid in the support award pay records maintained by the department. The court administrator shall note in the register as paid only the amount stated in the certificate, and not the amount shown on the satisfaction document.
 (3) If a support award has been assigned to this state, the Department of Justice may satisfy the support award to the extent of the assignment. The department may credit the amounts reflected in the satisfaction document to the support award pay records maintained by the department and file the satisfaction document with the court administrator for the court in which the money award was entered, together with a certificate from the department stating the amounts reflected as paid in the support award pay records. The court administrator shall note in the register and in the judgment lien record the amount of satisfaction shown on the certificate, and not the amount shown on the satisfaction document.
 (4) Unless a judgment requires that payments under a support award be paid to the Department of Justice or enforcement services are provided pursuant to ORS 25.080, all satisfaction documents for a support award must be filed with the court administrator. [2003 c.576 §26; 2007 c.339 §9]
 Section 18.232 - Alternate method for satisfaction of support awards payable to Department of Justice.
 (a) The judgment debtor provides a sworn affidavit indicating that the money award has been paid in full;
 (b) The department certifies that the department has a complete pay record for the payments under the support award; and
 (c) The department certifies that there are no arrearages.
 (2) The Department of Justice shall be considered to have a complete pay record for the purposes of subsection (1) of this section if the department has kept the pay record for the support award from the date that the first payment was to be made under the support award, or if the judgment creditor or an entity providing enforcement services under ORS 25.080 establishes arrearages for the time period the pay record was not kept by the department.
 (3) The signature of a person signing a satisfaction document filed under this section need not be acknowledged by a notary public.
 (4) If a satisfaction document under this section is for any payment made to the Department of Justice for amounts that have not been assigned by the judgment creditor to the state, the department shall give notice to the judgment creditor in the manner provided by ORS 25.085. The notice must inform the judgment creditor that the department will execute and file the satisfaction of judgment unless the department receives a request for a hearing within 30 days after the date the notice was mailed. If a judgment creditor requests a hearing, the Department of Justice shall conduct the hearing as a contested case under ORS chapter 183 before a hearing officer appointed by the department. [2003 c.576 §27]
 Section 18.235 - Motion to satisfy money award.
 (2) Motions under this section shall be filed in the action in which the judgment was entered. All proceedings on the motion shall be conducted as part of the action in which the judgment was entered. An appearance fee may not be charged for filing a motion under this section.
 (3) A motion under this section must include the following information, to the extent known to the person making the motion:
 (a) The date of entry and principal amount of the money award.
 (b) The rate of interest and the date the interest commenced to accrue.
 (c) The date or dates and amounts of any payments on the money award.
 (d) Any amount that the person believes remains to be paid on the money award, including any supporting mathematical calculations.
 (e) Any other information necessary or helpful to the court in making its determination.
 (4) A person making a motion under this section must serve the motion on the judgment creditor. If the person making the motion is not the judgment debtor, the person also must serve the motion and supporting affidavit on the judgment debtor. If an assignment of judgment document has been filed with the court under ORS 18.205, the motion must be served on the person named as the assignee of the judgment. Service on the judgment creditor and judgment debtor under this subsection may be made as provided in ORCP 9 if the motion is filed within one year after entry of the judgment. If the motion is filed more than one year after entry of the judgment, or service is to be made on an assignee of the judgment, the motion may either be personally served as provided in ORCP 7, or be served by certified mail, return receipt requested with signed receipt. The court may waive service on any person under this subsection if the person making the motion files an affidavit with the court stating that the person cannot be found after diligent effort by the person making the motion. The person making the motion shall file proof of service with the court.
 (5) A person served with a motion under this section must file a response within 21 days after service is made, or within such time as may be allowed by the court. The response must specifically identify those assertions in the motion that the person contests. The response must contain any information or mathematical calculations necessary to support the contentions of the responding party.
 (6) The court shall hear the motion not less than seven days after notice of hearing is given to the person making the motion and to the parties served with the motion. The court shall hear and determine the issues in a summary fashion without a jury. The court shall give the parties a reasonable opportunity to present evidence relevant to any factual issues.
 (7) If the court determines that the person making the motion is entitled to relief, the court shall issue an order providing that the money award has been satisfied in full or, if the money award has not been satisfied in full, the specific amount that will satisfy the judgment on a specific date or within a period of time specified in the order.
 (8) If the court finds that the judgment creditor willfully failed to provide a satisfaction document under ORS 18.225, the court may render a supplemental judgment awarding reasonable attorney fees to the person making the motion. The supplemental judgment may provide that the person making the motion may satisfy the judgment by paying such amounts the court determines to be necessary to satisfy the judgment less that sum of money the court awards as attorney fees.
 (9) If the court finds that the money award has been satisfied, or if the amount specified by the court is paid to the court administrator within the time specified by the court, the court administrator shall note in the register and in the judgment lien record that the money award has been satisfied in full. The court administrator shall deliver any money paid to the court administrator to the party or parties specified in the court’s order.
 (10) Upon request of the person making the motion, the court administrator shall issue a certificate indicating that the money award has been satisfied. The certificate may be recorded in any County Clerk Lien Record in which the judgment was recorded under ORS 18.152. Recording of the certificate eliminates any judgment lien that was created by the recording of the judgment.
 (11) At least five days before filing a motion under this section, the person must serve by personal delivery or first class mail a copy of the motion on the Administrator of the Division of Child Support of the Department of Justice, or on the branch office of the Department of Justice providing support services to the county in which the motion will be made, if:
 (a) The motion relates to satisfaction of a support award; and
 (b) Child support rights, as defined in ORS 25.010, for the judgment creditor have been assigned to the state.
 (12) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §28; 2007 c.166 §3; 2007 c.339 §10]
 Section 18.238 - Proceedings after discharge in bankruptcy.
 (a) The debtor has been discharged from the payment of the judgment or the claim upon which the judgment was based; and
 (b) Either there was no property to which a judgment lien had attached under ORS 18.150, 18.152, 52.635 or 221.351, as of the date the petition for relief is filed under the federal bankruptcy laws, or if there was such property, the value of the property on the date of the filing of the petition was not more than the outstanding balance of any prior lien or liens upon the property.
 (2) If the debtor fails to meet the burden of proof established by subsection (1) of this section, the court shall enter a final order denying the debtor’s motion.
 (3) For the purposes of this section, when notice was given in connection with bankruptcy proceedings to a creditor retaining a beneficial interest in an assigned judgment or claim, such notice shall provide the basis for the satisfaction of that portion of the judgment in which the creditor retains a beneficial interest. When the bankrupt received notice prior to the adjudication of bankruptcy of the assignment of a judgment or claim, notice to the assignor retaining a beneficial interest may not provide the basis for satisfaction for that portion of the judgment which represents the amount actually paid by the assignee of the judgment for the claim and actual court costs incurred by the assignee in prosecuting the claim. [Formerly 18.420]
 Section 18.242 - Contribution among judgment debtors; subrogation of surety.
 Note: 18.242 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 18 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 18.245 - Jurisdictional requirements.
 (1) The judgment document for the judgment must be plainly titled as a judgment as required by ORS 18.038 (1).
 (2) The judgment document for the judgment must comply with the requirements of ORS 18.038 (4).
 (3) The court administrator for the circuit court rendering the judgment must note in the register of the court that the judgment document has been filed, as required by ORS 18.058 (1). [2005 c.568 §2]
 Note: See first note under 18.005.
 Section 18.252 - Execution.
 (2) Any portion of a money award that by the terms of the judgment is to be paid on some date after the date that the judgment is entered may be enforced by execution when payment becomes due under the terms of the money award and is not paid.
 (3) Except as provided in ORS 18.255 or by other law, a judgment may be enforced only by the court in which the judgment is entered or, if the judgment is a foreign judgment, the court in which the judgment is first filed under ORS 24.115 or 110.605 to 110.611.
 (4) Nothing in ORS 18.252 to 18.993 affects the ability of a judgment creditor to enforce a judgment by means other than execution. [2003 c.576 §29; 2015 c.298 §84]
 Section 18.255 - Enforcement of judgment by circuit court for county where debtor resides.
 (2) A judgment creditor who files a transcript of a judgment under subsection (1) of this section must give written notice of the filing to the circuit court in which the judgment was originally entered.
 (3) At the time a transcript of a judgment is filed under this section, the judgment creditor or the attorney for the judgment creditor must make and file with the court administrator a statement containing the information required for a money award under ORS 18.042 (2) and an affidavit setting forth:
 (a) The name and last-known address of the judgment creditor;
 (b) The name and last-known address of the judgment debtor;
 (c) A statement that the judgment creditor has a good faith belief that the judgment debtor resides in the county in which the transcript of the judgment is filed;
 (d) A statement that the judgment has not been satisfied and that execution on the judgment has not been stayed; and
 (e) A statement that written notice of the filing has been given to the circuit court in which the judgment was originally entered.
 (4) The circuit court in which a transcript of a judgment is filed under this section is the only court with authority to issue a writ of execution, writ of garnishment or other execution on the transcribed judgment until the judgment creditor files an affidavit with the circuit court certifying that the judgment debtor no longer resides in that county. A copy of the affidavit must be filed by the judgment creditor in the court in which the judgment was originally entered. After the filing of an affidavit under this subsection, only the circuit court in which the judgment was originally entered may issue a writ of execution, writ of garnishment or other execution on the judgment.
 (5) When a transcribed judgment is filed with a circuit court under this section, the court administrator shall enter the transcribed judgment in the register but shall not note in the register that the judgment creates a judgment lien. Satisfaction documents under ORS 18.225 and certificates of extension under ORS 18.180 to 18.190 may be filed only in the court in which the judgment was originally entered.
 (6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §30; 2017 c.252 §11]
 Section 18.265 - Debtor examination.
 (a) Proof of service of a notice of demand to pay the judgment within 10 days. The notice of demand must be served in the same manner as a summons or by any form of mail addressed to the judgment debtor and requesting a receipt. Service by mail under this paragraph is effective on the date of mailing.
 (b) A return of a writ of execution showing that the judgment has not been satisfied.
 (c) A garnishee response to a writ of garnishment that does not fully satisfy the judgment.
 (2) Only the following courts may issue an order under this section:
 (a) The court in which the original judgment was entered.
 (b) Any circuit court for the county in which the judgment debtor resides and in which the judgment has been recorded under ORS 18.152.
 (c) Any circuit court for the county in which the principal place of employment of the judgment debtor is located and in which the judgment has been recorded under ORS 18.152.
 (3) If a motion under this section is filed in the court specified by subsection (2)(b) or (c) of this section, a certified copy of the judgment or a certified copy of the recording made in the County Clerk Lien Record of the county must be filed with the motion unless a transcript of the judgment has been filed with the court under ORS 18.255.
 (4) Except as provided in this section, a judgment debtor may not be required to attend in a county other than the county in which the judgment debtor resides or may be found at the time of service of the order requiring the appearance, unless the place where the judgment debtor is to appear is not more than 100 miles from the residence of the judgment debtor.
 (5) If the judgment debtor resides more than 100 miles from the place of examination, the judgment debtor shall be required to appear and shall be paid mileage at the time of the hearing as provided for witnesses in ORS 44.415.
 (6) Upon motion and good cause shown, the court may order that proceedings under this section be conducted at a time or place other than the time or place specified in the original order.
 (7) The court may at any time enter an order restraining the judgment debtor from selling, transferring or in any manner disposing of any property of the judgment debtor that is subject to execution pending an examination under this section. [2003 c.576 §31]
 Section 18.268 - Conduct of debtor examination; seizure of property.
 (2) If it appears that the judgment debtor has any property that may be applied against the judgment, the court may order that the property be seized for application against the judgment. [2003 c.576 §32]
 Section 18.270 - Written interrogatories.
 (2) Within 20 days after receipt of the interrogatories, the judgment debtor must answer all questions under oath and return the original interrogatories to the judgment creditor.
 (3) Failure of the judgment debtor to comply with the provisions of this section is contempt of court, and the judgment creditor may commence proceedings under the provisions of ORS 33.015 to 33.155. [2003 c.576 §33; 2005 c.22 §7]
 Section 18.300 - Resident entitled to use federal exemptions or state exemptions in bankruptcy.
 (2)(a) If a resident of this state uses any of the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)) for purposes of a bankruptcy petition, the resident may not use any of the exemptions given to residents of this state under state law.
 (b) If a resident of this state uses any of the exemptions given to residents of this state under state law for purposes of a bankruptcy petition, the resident may not use any of the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)).
 (3) This section does not apply to executions. [Formerly 23.305; 2013 c.597 §4]
 Section 18.305 - Property not exempt from execution for purchase price.
 Section 18.312 - Execution not to issue against property of deceased party; exception.
 (2) This section does not prevent the issuance of execution and sale of property pursuant to a judgment of foreclosure and sale of property of the decedent. If the amount realized from the sale of property is not sufficient to satisfy the judgment and collection of the deficiency is otherwise allowed by law, the amount of the deficiency may be collected by making a claim against the estate in the manner prescribed by ORS chapter 115 or ORS 114.505 to 114.560.
 (3) The stay imposed by subsection (1) of this section:
 (a) Expires when the property ceases to be property of the estate, including but not limited to upon conveyance of the property by the personal representative to a third party or upon distribution by the personal representative; and
 (b) Does not diminish the lien effect of a judgment or bar execution based on a lien when execution commences after the property ceases to be property of the estate. [Formerly 23.105; 2007 c.495 §1; 2017 c.169 §42]
 Section 18.318 - Execution against property in possession or control of public officer or agency.
 Section 18.322 - Adjudication of claim of exemption.
 Section 18.325
 Section 18.345 - Exempt personal property generally.
 (a) Books, pictures and musical instruments to the value of $600.
 (b) Wearing apparel, jewelry and other personal items to the value of $1,800.
 (c) The tools, implements, apparatus, team, harness or library, necessary to enable the judgment debtor to carry on the trade, occupation or profession by which the judgment debtor habitually earns a living, to the value of $5,000.
 (d) A vehicle to the value of $3,000. As used in this paragraph "vehicle" includes an automobile, truck, trailer, truck and trailer or other motor vehicle.
 (e) Domestic animals and poultry kept for family use, to the total value of $1,000 and food sufficient to support such animals and poultry for 60 days.
 (f) Household goods, furniture, radios, a television set and utensils all to the total value of $3,000, if the judgment debtor holds the property primarily for the personal, family or household use of the judgment debtor; provisions actually provided for family use and necessary for the support of a householder and family for 60 days and also 60 days’ supply of fuel.
 (g) All property of the state or any county or incorporated city therein, or of any other public or municipal corporation of like character.
 (h) All professionally prescribed health aids for the debtor or a dependent of the debtor.
 (i) Spousal support, child support, or separate maintenance to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.
 (j) The debtor’s right to receive, or property that is traceable to, an award under any crime victim reparation law.
 (k) The debtor’s right to receive, or property that is traceable to, a payment or payments, not to exceed a total of $10,000, on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent.
 (L) The debtor’s right to receive, or property that is traceable to, a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.
 (m) Veterans’ benefits and loans.
 (n) The debtor’s right to receive an earned income tax credit under the federal tax laws and any moneys that are traceable to a payment of an earned income tax credit under the federal tax laws.
 (o) The debtor’s right to the assets held in, or right to receive payments under, a medical savings account or health savings account authorized under section 220 or 223 of the Internal Revenue Code.
 (p) The debtor’s interest, not to exceed $400 in value, in any personal property. However, this exemption may not be used to increase the amount of any other exemption.
 (2) If the property claimed by the judgment debtor as exempt is adjudicated by the court out of which the execution issued to be of a value in excess of that allowed by the appropriate paragraph of subsection (1) of this section, the officer seizing the property shall proceed to sell such property. Out of the proceeds of such sale, the officer shall deduct costs of sale and shall pay to the judgment debtor an amount equivalent to the value declared to be exempt by any of the paragraphs of subsection (1) of this section and shall apply the balance of the proceeds of sale on the execution. A sale may not be made under such execution unless the highest bid made exceeds the appropriate exemption claimed and allowed plus costs of sale. If no bid is received in excess of the value allowed by the appropriate paragraph of subsection (1) of this section, the costs of sale shall be borne by the judgment creditor.
 (3) If two or more members of a household are joint judgment debtors, each judgment debtor shall be entitled to claim the exemptions in subsection (1)(a), (b), (c), (d) and (p) of this section in the same or different properties. The exemptions provided by subsection (1)(a), (b), (c), (d), (j), (k) and (p) of this section, when claimed for jointly owned property, may be combined at the option of the debtors.
 (4) Notwithstanding any other provision of law except ORS 657.855, if a writ of garnishment or other execution is issued to collect past due support as defined in ORS 18.600, 50 percent of unemployment compensation benefits, workers’ compensation benefits and other benefits paid to the debtor by the United States, by the state or by a political subdivision of the state are exempt. The exemption related to unemployment compensation benefits provided by this subsection is subject to ORS 657.855. The exemption provided by this subsection applies without regard to whether the payment is made on a periodic basis or in a lump sum, including any lump sum payable pursuant to a settlement or judgment. Notwithstanding subsection (1)(k) of this section, if a payment is made under a settlement or judgment on account of personal bodily injury and the garnishment or other execution is issued to collect past due support as defined in ORS 18.600, the lesser of 50 percent of the payment or $7,500 is exempt. [Formerly 23.160; 2005 c.456 §1; 2009 c.612 §1; 2011 c.93 §1; 2011 c.317 §4; 2013 c.597 §1]
 Section 18.348 - Certain funds exempt when deposited in account; limitation.
 (2) Subsection (1) of this section does not apply to any accumulation of funds greater than $7,500.
 (3) All funds that are exempt under federal law remain exempt when deposited in an account in a financial institution as long as the exempt funds are reasonably identifiable.
 (4) The application of subsections (1) and (3) of this section is not affected by the commingling of exempt and nonexempt funds in an account. For the purpose of identifying exempt funds in an account, first in, first out accounting principles shall be used.
 (5) The provisions of this section do not affect the duties of a garnishee with respect to amounts in accounts that are not subject to garnishment under ORS 18.784. [Formerly 23.166; 2005 c.381 §19; 2009 c.430 §4; 2009 c.718 §37]
 Section 18.352 - Proceeds of casualty and indemnity insurance attachable on execution.
 Section 18.355
 Section 18.358 - Certain retirement plans exempt from execution; exceptions.
 (a) "Beneficiary" means a person for whom retirement plan benefits are provided or their spouse.
 (b) "Internal Revenue Code" means the federal Internal Revenue Code as amended and in effect on December 31, 1998.
 (c) "Permitted contribution" means:
 (A) A contribution that, at the time of the contribution, is not taxable income to the beneficiary and, if the sponsor is a taxable entity, is tax deductible to the sponsor;
 (B) A nondeductible contribution by a beneficiary to a retirement plan to the extent that the contribution is permitted to be made under the Internal Revenue Code;
 (C) A deductible or nondeductible contribution to an individual retirement account to the extent the contribution is not subject to federal excise tax as an excess contribution;
 (D) A contribution, pursuant to a rollover or transfer, from one retirement plan to another, to the extent the federal tax deferred status is preserved at such time;
 (E) A rollover from an individual retirement account described in section 408 of the Internal Revenue Code to an individual retirement account described in section 408A of the Internal Revenue Code; and
 (F) Any earnings under a retirement plan which are attributable to a contribution described in subparagraphs (A) to (E) of this paragraph.
 (d) "Retirement plan" means:
 (A) A pension plan and trust, including a profit sharing plan, that is described in sections 401(a), 401(c), 401(k), 403 and 457 of the Internal Revenue Code, including that portion attributable to contributions made by or attributable to a beneficiary;
 (B) An individual retirement account or annuity, including one that is pursuant to a simplified employee pension, as described in section 408 or 408A of the Internal Revenue Code; and
 (C) Any pension not described in subparagraphs (A) and (B) of this paragraph granted to any person in recognition or by reason of a period of employment by or service for the Government of the United States or any state or political subdivision of any state, or any municipality, person, partnership, association or corporation.
 (e) "Sponsor" means an individual or entity which establishes a retirement plan.
 (2) Subject to the limitations set forth in subsection (3) of this section, a retirement plan shall be conclusively presumed to be a valid spendthrift trust under these statutes and the common law of this state, whether or not the retirement plan is self-settled, and a beneficiary’s interest in a retirement plan shall be exempt, effective without necessity of claim thereof, from execution and all other process, mesne or final.
 (3) Notwithstanding subsection (2) of this section:
 (a) A contribution to a retirement plan, other than a permitted contribution, shall be subject to ORS 95.200 to 95.310 concerning fraudulent transfers; and
 (b) Unless otherwise ordered by a court under ORS 25.387, 75 percent of a beneficiary’s interest in a retirement plan, or 50 percent of a lump sum retirement plan disbursement or withdrawal, shall be exempt from execution or other process arising out of a support obligation or an order or notice entered or issued under ORS chapter 25, 107, 108, 109, 110, 416, 419B or 419C. [Formerly 23.170; 2011 c.317 §5]
 Section 18.362 - Exemption for firearms.
 Section 18.364 - Prohibition on demanding firearms.
 Section 18.365
 Section 18.370
 Section 18.375 - Definitions.
 (1) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required to be withheld by law.
 (2) "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, and includes periodic payments pursuant to a pension or retirement program.
 (3) "Employer" means any entity or individual who engages a person to perform work or services for which compensation is given in periodic payments or otherwise, even though the relationship of the person so engaged to the employer may be as an independent contractor for other purposes.
 (4) "Garnishment" means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt. "Garnishment" does not include the procedure authorized by ORS 25.372 to 25.427, 419B.408 or 419C.600 or ORS chapter 110. [Formerly 23.175]
 Section 18.385 - Wage exemption.
 (2) The disposable earnings of an individual are exempt from execution to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts:
 (a) $218 for any period of one week or less;
 (b) $435 for any two-week period;
 (c) $468 for any half-month period;
 (d) $936 for any one-month period; and
 (e) For any other period longer than one week, $218 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven. The amount calculated under this paragraph must be rounded to the nearest dollar.
 (3) If an individual is paid for a period shorter than one week, the exemption calculated under subsection (2) of this section may not exceed $218 for any one-week period.
 (4) An employer shall deduct from the amount of disposable earnings determined to be nonexempt under subsections (1) to (3) of this section any amounts withheld from the individual’s earnings for the same period of time under an order issued pursuant to ORS 25.378, 419B.408 or 419C.600 or ORS chapter 110. The employer shall make payment under a garnishment only of those amounts remaining after the deduction is made.
 (5) Subsections (1) to (4) of this section do not apply to:
 (a) Any order of a court of bankruptcy.
 (b) Any debt due for federal tax.
 (6) Subsections (2) to (4) of this section do not apply to any debt due for state tax. Subsection (1) of this section does not apply to a debt due for state tax if a state agency issues a special notice of garnishment under ORS 18.855 (6).
 (7) A court may not make, execute or enforce any order or process in violation of this section.
 (8) Any waiver by an individual of the provisions of this section is void.
 (9) An employer may not discharge any individual because the individual has had earnings garnished. [Formerly 23.186; 2007 c.496 §§9,14; 2011 c.228 §1]
 Section 18.395 - Homestead exemption.
 (a) Temporary removal or temporary absence with the intention to reoccupy the same as a homestead;
 (b) Removal or absence from the property; or
 (c) The sale of the property.
 (2) The exemption shall extend to the proceeds derived from such sale to an amount not exceeding $40,000 or $50,000, whichever amount is applicable under subsection (1) of this section, if the proceeds are held for a period not exceeding one year and held with the intention to procure another homestead therewith.
 (3) The exemption period under subsection (1)(b) and (c) of this section shall be one year from the removal, absence or sale, whichever occurs first.
 (4) When the owner of a homestead has been granted a discharge in bankruptcy or has conveyed the homestead property, the value thereof, for the purpose of determining a leviable interest in excess of the homestead exemption, shall be the value on the date of the petition in bankruptcy, whether the value is determined in the bankruptcy proceedings or not, or on the date the conveyance becomes effective, whichever shall first occur. However, with respect to judgments not discharged in the bankruptcy, or entered against the owner after discharge, the value on the effective date of conveyance shall be controlling.
 (5) Except as provided in subsection (7) of this section, no homestead that is the actual abode of and occupied by the judgment debtor, or that is the actual abode of and occupied by a spouse, dependent parent or dependent child of the judgment debtor, shall be sold on execution to satisfy a judgment that at the time of entry does not exceed $3,000. However, such judgment shall remain a lien upon the real property, and the property may be sold on execution:
 (a) At any time after the sale of the property by the judgment debtor; and
 (b) At any time after the property is no longer the actual abode of and occupied by the judgment debtor or the spouse, dependent parent or dependent child of the judgment debtor.
 (6) The limitation on execution sales imposed by subsection (5) of this section is not impaired by temporary removal or temporary absence with the intention to reoccupy the property as a homestead.
 (7) The limitation on execution sales imposed by subsection (5) of this section does not apply if two or more judgments are owing to a single judgment creditor and the total amount owing to the judgment creditor, determined by adding the amount of each individual judgment as of the date the judgment was entered, is greater than $3,000.
 (8) Upon the issuance of an order authorizing sale as required by ORS 18.904, and in conformance with subsection (5) of this section, the sheriff may proceed to sell the property. If the homestead exemption applies, the sheriff shall pay the homestead owner out of the proceeds the sum of $40,000 or $50,000, whichever is applicable, and apply the balance of the proceeds on the execution. However, no sale shall be made where the homestead exemption applies unless the sum bid for the homestead is in excess of the sum of the costs of sale and $40,000 or $50,000, whichever is applicable. If no such bid is received, the expense of the sale shall be borne by the petitioner.
 (9) The homestead exemption provided by this section applies to a purchaser’s interest under a land sale contract, as defined by ORS 18.960.
 (10) The homestead exemption provided by this section applies to:
 (a) A floating home, as defined by ORS 830.700; and
 (b) A manufactured dwelling, as defined by ORS 446.003. [Formerly 23.240; 2005 c.456 §2; 2005 c.542 §57; 2009 c.612 §2]
 Section 18.398 - Denial of homestead exemption when judgment is for child support.
 (a) To afford protection to the debtor and the debtor’s family homestead through the homestead exemption;
 (b) To maintain dependent children from the financial resources of both parents of those children;
 (c) That the homestead exemption should not be permitted to serve as a shield for a debtor’s evasion of child support obligations;
 (d) That the burden for that support should not be shifted in all cases to the present family of the debtor through the sale of the family residence; and
 (e) That to accommodate these policies, the court should have the discretion to decline to allow all or part of a claimed homestead exemption in cases involving child support as provided in this section.
 (2) Notwithstanding ORS 18.395 to 18.422, a court in its discretion may decline to allow a homestead exemption in whole or part in any proceeding under ORS 18.912 if the proceeding is based on a judgment for child support that arises out of an order or judgment under ORS 24.115, 107.095, 107.105, 107.135, 108.120, 109.100, 109.103, 109.155, 109.165, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110 or 125.
 (3) In exercising the discretion granted under subsection (1) of this section, the court shall consider:
 (a) The financial resources of both parties;
 (b) The number of dependents of each of the parties;
 (c) The ages, health and conditions of parties and their dependents;
 (d) The child support payment history of the judgment debtor on the judgment which is the subject of the petition; and
 (e) Other collection attempts by the judgment creditor on the judgment which is the subject of the petition.
 (4) This section shall not apply to any proceeding under ORS 18.912 brought by or on the behalf of the state or any agency of the state. [Formerly 23.242; 2005 c.542 §58]
 Section 18.402 - Limitations on homestead exemption.
 Section 18.406 - Exemption not applicable to certain liens, mortgages and interests.
 Section 18.412 - Notice of intent to discharge judgment lien against homestead.
 (a) Identify the property and the judgment and state that the judgment debtor is about to transfer, or has transferred, the property and that the transfer is intended to discharge the property from any lien effect of the judgment;
 (b) State the fair market value of the property on the date of the notice or of any applicable petition in bankruptcy, whichever is applicable, and list the encumbrances against the property, including the nature and date of each encumbrance, the name of the encumbrancer and the amount presently secured by each encumbrance;
 (c) State that the property is claimed by the person giving the notice to be wholly exempt from the lien of the judgment or, if the value of the property exceeds the sum of the encumbrances specified as required under paragraph (b) of this subsection that are senior to the judgment lien and $40,000 or $50,000, whichever amount of the homestead exemption is applicable under ORS 18.395 (1), that the amount of the excess or the amount due on the judgment, whichever is less, will be deposited with the court administrator for the court in which the judgment was entered for the use of the judgment holder; and
 (d) Advise the holder of the judgment that the property may be discharged from any lien arising from the judgment, without further notice to the judgment creditor, unless prior to a specified date, which in no case may be earlier than 14 days after the date of mailing of the notice, the judgment creditor files objections and a request for a hearing on the matter as provided in ORS 18.415.
 (2) Each notice described by subsection (1) of this section shall be sent by certified mail to the judgment creditor, as shown by the court records, at the judgment creditor’s present or last-known address according to the best knowledge of the person sending the notice. A copy of each notice, together with proof of mailing, may be filed with the court administrator for the court in which the judgment was entered and shall be filed by the court administrator with the records and files of the action in which the judgment was recovered. [Formerly 23.280; 2005 c.456 §4; 2007 c.129 §9; 2009 c.612 §4]
 Section 18.415 - Objections to discharge; hearing.
 (2)(a) If the holder of a judgment admits the validity of the homestead exemption and objects only that the value placed upon the property in the notice is or was less than the fair market value of the property on the date of the notice or petition in bankruptcy, whichever is applicable, the court shall try the issue of fair market value without formal pleadings. Each party may offer evidence of fair market value, but the holder of the judgment has the burden of proving the fair market value.
 (b) If the objection is made to other than the valuation of the property, the court shall try the issues of fact and law in the manner of a quiet title suit and may direct filing of formal pleadings as it considers necessary for definition of issues.
 (3) If the court finds that the fair market value of the property specified in the notice reasonably approximates the fair market value of the property on the date of the notice or petition in bankruptcy, whichever is applicable, or, if other issues are raised by the objections and are decided against the holder of the judgment, the court shall make an order that the property is not subject to the lien of the objecting judgment holder. In all other cases, the application for an order shall be dismissed and the lien upon the property shall not be affected by the notice. [Formerly 23.290; 2005 c.568 §23]
 Section 18.420
 Section 18.422 - Release of judgment lien.
 (2) The holder of any judgment described in ORS 18.412 (1) is entitled to receive the full amount of any deposit made with respect to the judgment upon delivery to the court administrator of a release of lien document in the form provided by ORS 18.200 for the property described in the notice. If the real property is located in a county where a certified copy of the judgment or lien record abstract has been recorded, the holder of the judgment, upon receipt of the deposit, shall have a certified copy of the release of lien document recorded in the County Clerk Lien Record.
 (3) If a release of lien document for the property is not delivered by the holder of the judgment to the court administrator as required by subsection (2) of this section, the court administrator shall hold the deposit described in ORS 18.412 (1) and the deposit shall be paid by the court administrator to the homestead claimant upon expiration of the judgment remedies for the judgment as provided in ORS 18.180 to 18.190.
 (4) At any time after the date specified in a notice, as provided by ORS 18.412 (1)(d), the homestead claimant for the property described in the judgment may apply to the court in which the judgment was entered for an order that the property described in the notice is no longer subject to the judgment lien. If no objections are filed and no hearing is requested in accordance with ORS 18.415, the judge shall issue an ex parte order that the property is no longer subject to the judgment lien if the judge is satisfied that the property has been, or is about to be, transferred and that the notice was prepared and mailed and a deposit was made as required in ORS 18.412. The judge must, in addition, find that the holder of the judgment actually received notice or, if the whereabouts of the holder are unknown, that a reasonably diligent effort has been made to find the holder. If objections and a request for a hearing have been filed by the holder of the judgment, the court shall set a hearing and notify the holder of the judgment of the time and place of the hearing. The homestead claimant may have a certified copy of the ex parte order recorded in the County Clerk Lien Record. [Formerly 23.300]
 Section 18.430
 Section 18.440
 Section 18.445
 Section 18.450
 Section 18.455
 Section 18.460
 Section 18.470
 Section 18.472
 Section 18.475
 Section 18.480
 Section 18.485
 Section 18.490
 Section 18.500
 Section 18.505
 Section 18.508
 Section 18.510
 Section 18.512
 Section 18.515
 Section 18.518
 Section 18.520
 Section 18.530
 Section 18.535
 Section 18.537
 Section 18.540
 Section 18.550
 Section 18.560
 Section 18.570
 Section 18.580
 Section 18.590
 Section 18.592
 Section 18.600 - Definitions.
 (1) "Account" means an account at a financial institution, including a master account or subaccount, to which an electronic payment may be directly routed.
 (2) "Check" has the meaning given that term in ORS 73.0104.
 (3) "Creditor" means a person to whom a debt is owed by a debtor.
 (4) "Debt" means any monetary obligation for which a garnishment may be issued under ORS 18.605.
 (5) "Debtor" means a person whose property is being garnished for the purpose of paying a debt owed to a creditor.
 (6) "Federal benefit payment" means:
 (a) A benefit payment from the United States Social Security Administration that is protected under 42 U.S.C. 407 and 1383(d)(1);
 (b) A benefit payment from the United States Department of Veterans Affairs that is protected under 38 U.S.C. 5301(a);
 (c) A benefit payment from the Railroad Retirement Board that is protected under 45 U.S.C. 231m(a) and 352(e); or
 (d) A benefit payment from the United States Office of Personnel Management that is protected under 5 U.S.C. 8346 and 8470.
 (7) "Financial institution" means a financial institution or trust company as those terms are defined in ORS 706.008.
 (8) "Garnishable property" means all property described in ORS 18.615, but does not include:
 (a) Any property that is not subject to garnishment under ORS 18.618; and
 (b) Any property that is applied as a setoff under ORS 18.620 or 18.795.
 (9) "Garnishee" means a person to whom a writ of garnishment has been delivered.
 (10) "Garnishment account review" means the process of examining deposits to an account to determine whether benefit payments described in ORS 18.784 (3) have been deposited in the account during the lookback period.
 (11) "Garnishor" means:
 (a) The creditor, if the writ is issued by the court administrator on behalf of the creditor under ORS 18.635 (2); or
 (b) The issuer, if the writ is issued under ORS 18.635 by any person other than the court administrator.
 (12) "Past due support" means the amount of child or spousal support, or both, determined under a court or administrative order in a proceeding under ORS chapter 107, 108, 109, 110, 416, 419B or 419C that has not been paid or is certified to be owed by another state under ORS 25.083.
 (13) "Wages" includes all amounts paid for the services of an employee by an employer, including amounts paid as a commission or bonus.
 (14) "Writ" means a writ of garnishment. [2001 c.249 §1; 2003 c.85 §2; 2003 c.576 §47; 2005 c.542 §62; 2011 c.733 §1]
 Section 18.602 - Garnishment described.
 Section 18.605 - Debts subject to garnishment; when writ may be issued on debt.
 (a) A judgment requiring the payment of money that has been entered in the register of a circuit court or docketed in the docket of a justice, county or municipal court.
 (b) If the writ of garnishment is issued pursuant to provisional process under ORCP 83 and 84, a claim of one party against another party in a civil action.
 (c) Support arrearage shown on the support records of the Department of Justice pursuant to ORS 25.020 and 25.167, even though such records may not constitute a full record of the support arrearage owed.
 (d) Monetary obligations imposed under agency orders or warrants recorded pursuant to law in the County Clerk Lien Record.
 (2) For the purposes of ORS 18.600 to 18.850:
 (a) A writ may be issued for a monetary obligation based on a judgment other than a judgment for support after the judgment is entered in the register of a circuit court or after the judgment is docketed in the docket of a justice, county or municipal court.
 (b) A writ may be issued for a monetary obligation based on a judgment for support after the underlying judgment, court order or administrative order that creates the support obligation is entered in the register of the court or after a request for administrative enforcement services is received under ORS 25.083.
 (c) A writ may be issued pursuant to provisional process under ORCP 83 and 84 after the court order for provisional process is entered in the docket or register of the court.
 (d) A writ may be issued for a monetary obligation based on an agency order or warrant after the order or warrant is recorded in the County Clerk Lien Record. [2001 c.249 §3; 2003 c.576 §176]
 Section 18.607 - Form of writ; single writ for two or more debtors.
 (2) A writ of garnishment must contain all of the following information:
 (a) The name of the court whose authority is invoked.
 (b) The names of the creditor and debtor.
 (c) The name of the garnishor.
 (d) The date on which judgment was entered against the debtor or the debt otherwise became subject to garnishment under ORS 18.605.
 (e) The debtor’s employer identification number, or the final four digits of the debtor’s Social Security number, if those numbers are known by the garnishor.
 (f) The amount subject to garnishment under the writ, as determined by completing the debt calculation form provided in ORS 18.832.
 (g) The date on which the writ is issued.
 (h) All addresses required in the writ of garnishment form provided by ORS 18.830.
 (3) If a writ of garnishment is issued by the court administrator, the creditor must sign the certification in the writ indicating that the creditor has read the writ and that to the best of the knowledge, information and belief of the creditor there is good ground to support issuance of the writ and the amount indicated in the writ as subject to garnishment.
 (4) If a writ is issued by any person other than the court administrator, the person issuing the writ must sign the certification described in subsection (3) of this section.
 (5) A single writ may be issued for two or more debtors if those debtors are jointly liable on all or part of the debt. [2001 c.249 §4; 2003 c.85 §3; 2003 c.576 §48; 2009 c.230 §3]
 Section 18.609 - Validity of writ after issuance.
 (2) If the court administrator is issuing a writ of garnishment, the date of issuance for the writ is the date the court administrator stamps and signs the writ. If the writ is issued by any other person, the date of issuance for the writ is the date on which the issuer signs the certification described in ORS 18.607 (4). [2001 c.249 §5; 2003 c.576 §49]
 Section 18.610 - Court with authority over writ.
 (a) The court in which the judgment to be enforced was originally entered or first registered;
 (b) The circuit court for the county in which a judgment debtor resides if the requirements of ORS 18.255 have been met; and
 (c) The circuit court for the county in which a debtor has filed a challenge to the garnishment under ORS 18.718.
 (2) Only the following courts have authority over a writ of garnishment issued for the enforcement of an agency order or warrant:
 (a) The circuit court for the county in which the order or warrant was first recorded; and
 (b) The circuit court for the county in which the debtor resides if the order or warrant has also been recorded in that county.
 (3) The circuit court for the county in which the order for provisional process is entered has sole authority for issuance of a writ of garnishment issued pursuant to an order for provisional process. [2001 c.249 §6; 2003 c.576 §572]
 Section 18.615 - Garnishable property generally.
 Section 18.618 - Property not subject to garnishment.
 (A) Equitable interests, except to the extent allowed under ORS chapter 130.
 (B) Property in the custody of the law.
 (C) Property in the possession of a conservator.
 (D) Property in the possession of a personal representative that constitutes the subject matter of a trust contained in a duly probated will of a decedent.
 (E) If a residential landlord is the garnishee, property in the possession of a residential landlord that is held as a security deposit or prepaid rent under ORS 90.300.
 (F) The right of a seller under a land sale contract, as defined by ORS 18.960, to receive payments that are due more than 45 days after the writ of garnishment is delivered.
 (G) Amounts in an account in a financial institution that are not subject to garnishment under ORS 18.784.
 (H) An identification document, such as a driver license, passport, certified copy of a record of live birth or Social Security card.
 (b) If a garnishee holds any property described in paragraph (a) of this subsection, the garnishee must note in the garnishee response required by ORS 18.680 that the garnishee holds the property, but may not deliver the property to the garnishor.
 (2)(a) Notwithstanding ORS 18.615, wages owing by a garnishee to a debtor for a specific pay period are not garnishable property if:
 (A) The writ is delivered within two business days before the debtor’s normal payday for the pay period;
 (B) When the writ is delivered to the garnishee, the debtor’s wages are paid by direct deposit to a financial institution, or the garnishee uses the Oregon Department of Administrative Services or an independent contractor as defined in ORS 670.600 as payroll administrator for the garnishee’s payroll; and
 (C) Before the writ is delivered to the garnishee, the garnishee issued instructions to the financial institution or the payroll administrator to pay the debtor for the pay period.
 (b) If a garnishee owes any wages as described in paragraph (a) of this subsection, the garnishee must so note in the garnishee response required by ORS 18.680.
 (3) Notwithstanding any other provision of law, if a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the debtor after a writ of garnishment could be issued under ORS 18.605, the garnishment of any property of the debtor in the garnishee’s possession, control or custody is stayed pursuant to section 362 of the United States Bankruptcy Code (11 U.S.C. 101 to 1330). [2001 c.249 §8; 2005 c.348 §98a; 2005 c.391 §1; 2005 c.542 §63; 2007 c.496 §1; 2009 c.430 §3; 2011 c.195 §1; 2013 c.366 §48]
 Section 18.619
 Section 18.620 - Setoff for certain amounts payable to underlying lienholders.
 (a) Who is entitled to receive the amounts under the terms of the land sale contract, mortgage, trust deed or security agreement, or under the terms of any other land sale contract, mortgage, trust deed or security agreement that is secured by the same property that is the subject of the land sale contract, mortgage, trust deed or security agreement; and
 (b) Who has an interest in the property that is the subject of the land sale contract, mortgage, trust deed or security agreement that is superior to the interest of the creditor under the laws that would govern a foreclosure, trust deed sale, repossession or other action against the property that is the subject of the land sale contract, mortgage, trust deed or security agreement.
 (2) A garnishee must deliver in the manner required by ORS 18.600 to 18.850 all amounts in the garnishee’s possession, control or custody at the time of delivery of the writ of garnishment that are not actually paid by the garnishee to another person as described in subsection (1) of this section, unless those amounts are exempt from execution under other law.
 (3) A garnishee who applies a setoff under this section must disclose that the setoff has been applied, and the amount of the setoff, in the garnishee response required by ORS 18.680. The garnishee must certify in the garnishee response that the amounts specified in the certificate were actually paid by the garnishee to another person entitled to receive those amounts under subsection (1) of this section. [2001 c.249 §9; 2001 c.445 §159a]
 Section 18.625 - Duration of writ’s effect.
 (2) Except as provided in ORS 18.618 (2), a writ of garnishment acts to garnish all wages owed by the garnishee to the debtor at the time the writ is delivered. Except as provided in subsection (3) of this section, a writ also acts to garnish all wages earned by the debtor by reason of services to the garnishee during the period commencing with the date the writ is delivered and ending on the earlier of:
 (a) The expiration of 90 days after the date the writ is delivered; or
 (b) The date on which the garnishment is released or satisfied in full.
 (3) If a writ of garnishment is issued on behalf of a county or county agency, the writ acts to garnish all wages earned by the debtor by reason of services to the garnishee until the full amount owed to the county or county agency is paid or until the writ of garnishment is released by the county or county agency or by a court order. A writ of garnishment issued on behalf of a county or county agency shall contain language reasonably designed to notify the garnishee of the provisions of this subsection. [2001 c.249 §10; 2007 c.496 §2]
 Section 18.627 - Multiple writs.
 (2) If a debtor earns wages from a garnishee during the period that a writ of garnishment is in effect under ORS 18.625, the garnishee shall make payments under the first writ delivered to the garnishee until the expiration of the period of time specified in ORS 18.625, and shall thereafter make payments on subsequently delivered writs in the order in which they were delivered to the garnishee as long as each writ continues to be effective under ORS 18.625. Any delay in payment under a writ by reason of this subsection does not affect the expiration of the writ’s effect at the time specified in ORS 18.625. If the first writ does not garnish all wages of the debtor that are not exempt from execution, the garnishee shall make concurrent payment on a subsequently delivered writ of the balance of the wages that are not exempt from execution.
 (3) If a garnishee pays wages to a debtor and the garnishee receives another writ of garnishment during the period that a writ is in effect under ORS 18.625, the garnishee shall note those facts on the garnishee response and indicate the date on which the previous writ will expire.
 (4) A subsequent writ of garnishment issued on behalf of the same creditor against the same debtor and delivered to the same garnishee during the period that a previous writ is effective under ORS 18.625 acts only to garnish property of the debtor other than wages. [2001 c.249 §11]
 Section 18.635 - Who may issue writs.
 (2) The court administrator may issue a writ pursuant to ORS 18.638 and 18.640 only:
 (a) For the enforcement of a judgment that requires the payment of money and that has been entered in the register of a circuit court or docketed in the docket of a justice or municipal court;
 (b) Pursuant to an order for provisional process under ORCP 83 and 84; or
 (c) On behalf of a complainant or claimant under an order recorded pursuant to ORS 671.707 or 701.153, if the complainant or claimant has complied with the requirements of ORS 205.126.
 (3) An attorney who is an active member of the Oregon State Bar may issue a writ for the purpose of enforcing:
 (a) A judgment that requires payment of money and that has been entered in the register of a circuit court of this state or docketed in the docket of a justice or municipal court of this state; and
 (b) An order or warrant that an agency has recorded in the County Clerk Lien Record as authorized by law, including any order that has been recorded pursuant to ORS 671.707 or 701.153.
 (4) The administrator, as defined in ORS 25.010, may issue writs of garnishment only for the collection of past due support. Writs issued under this subsection are subject to the provisions of ORS 18.645. [2001 c.249 §12; 2003 c.576 §50; 2007 c.793 §1; 2007 c.836 §39]
 Section 18.638 - Writs issued by court administrators generally.
 (2) The court administrator may not fill in or complete a writ of garnishment on behalf of a creditor.
 (3) The court administrator is not responsible for verifying the amounts set forth in a writ issued by the court administrator and is not liable for errors in the writ made by the creditor. [2001 c.249 §13; 2003 c.576 §51]
 Section 18.640 - Grounds for denying issuance of writ.
 (2) The court administrator shall refuse to issue a writ of garnishment that is incomplete or contains improper instructions. Grounds for refusing issuance of a writ under this subsection include:
 (a) The inability of the court administrator to verify the existence of the debt claimed as the basis for the writ by a review of the register of the court.
 (b) A determination by the court administrator, based on a review of the register of the court, that a satisfaction of judgment has been filed with the court.
 (3) The court administrator shall refuse to issue a writ of garnishment pursuant to an order for provisional process under ORCP 83 and 84 if the party seeking issuance of the writ has not complied with all requirements of ORCP 82 A(3), A(5) and A(6) and B to G, 83 and 84. [2001 c.249 §14; 2003 c.576 §52]
 Section 18.645 - Writs issued by Division of Child Support or district attorney; rules.
 (2) Notwithstanding ORS 18.607, a writ of garnishment issued under this section need not contain the name of the court whose authority is invoked.
 (3) A single writ of garnishment may be issued under this section for two or more judgments for past due support owed by the same judgment debtor. A separate debt calculation form for each of the judgments must be prepared as provided by ORS 18.832. The writ must reflect the captions of all cases for which the writ is issued. The writ also must reflect, as the amount subject to garnishment under the writ, the sum of the amounts due under all of the judgments subject to the writ. Notwithstanding ORS 18.700 (2), the debtor may file a challenge to a writ issued under this subsection with the court administrator for any court in which one of the judgments subject to the writ was entered. Upon receipt of a notice of a challenge to a garnishment under this subsection, the issuer of the writ shall file with the court administrator a response to the challenge, attaching copies of the writ and garnishee response, copies of all judgments for which the writ is issued and the debt calculation forms for those judgments, and any supporting documentation necessary or helpful to the court in making a determination on the challenge. The Department of Justice shall adopt rules governing the distribution to judgment creditors of amounts received by the administrator under a writ issued under this subsection.
 (4) Notwithstanding ORS 18.690, a garnishee who receives a writ of garnishment issued under this section need not deliver a copy of the garnishee response to the court administrator.
 (5) Notwithstanding ORS 18.730, payments under a writ issued under this section must be delivered to the Department of Justice.
 (6) Notwithstanding ORS 18.730, the Department of Justice must hold any payments received from the garnishee under a writ issued pursuant to this section:
 (a) For a period of 120 days after delivery of the writ, if the garnishee is making a payment of wages.
 (b) For a period of 30 days after delivery of the writ, if the garnishee is making a payment other than wages.
 (7) When issuing writs under this section, the Administrator of the Division of Child Support of the Department of Justice shall modify the forms provided in ORS 18.600 to 18.850 to reflect the provisions of this section. [2001 c.249 §15; 2003 c.85 §4; 2003 c.373 §1; 2003 c.576 §53a]
 Section 18.650 - Items required to be delivered to garnishee.
 (a) The original writ of garnishment in substantially the form provided by ORS 18.830 or a copy of the writ.
 (b) A garnishee response form in substantially the form provided by ORS 18.835.
 (c) An instructions to garnishee form in substantially the form provided by ORS 18.838.
 (d) A wage exemption calculation form in substantially the form provided by ORS 18.840.
 (e) Any search fee required by ORS 18.790.
 (2) If any of the items described in subsection (1) of this section is not delivered to the garnishee, the garnishment is not effective to garnish any property of the debtor, the garnishee is not required to respond to the garnishment and the garnishee may proceed to deal with any property of the debtor as though the writ of garnishment had not been issued. [2001 c.249 §16; 2003 c.85 §5]
 Section 18.652 - Manner of delivery; delivery fee.
 (2) Personal delivery of a writ of garnishment may be made only by:
 (a) The sheriff of the county where the writ is to be delivered; or
 (b) A competent person 18 years of age or older who is a resident of the State of Oregon and who is not a party or attorney in the action.
 (3) If personal delivery is made under this section, the person serving the writ must note the date of delivery upon the original writ delivered to the garnishee or upon the copy of the writ delivered to the garnishee.
 (4) Notwithstanding subsection (2) of this section, a person other than a sheriff may not deliver a writ of garnishment unless the person has errors and omissions insurance with limits of not less than $100,000 per occurrence from a company authorized to do business in this state.
 (5) The delivery fee for a writ of garnishment by a person other than a sheriff shall be in an amount agreed to between the person making the delivery and the garnishor. The delivery fee for a writ by a sheriff under this section is $25. [2001 c.249 §17; 2003 c.85 §6; 2003 c.304 §5; 2009 c.835 §3]
 Section 18.655 - Proper person to receive writ.
 (a) If the property of the debtor is in the possession, control or custody of an individual, the writ may be delivered to the individual. If the individual is the sole proprietor of a business, the writ may also be delivered to any person designated by the individual to accept service of a writ of garnishment. If the individual maintains an office for the conduct of business, office delivery may be made under subsection (6) of this section.
 (b) If the property of the debtor is in the possession, control or custody of a partnership other than a limited partnership, the writ may be delivered to any partner or to any person designated by the partnership to accept service of a writ of garnishment. If the partnership is a limited partnership, the writ of garnishment may be delivered only to a general partner or to a person designated by the partnership to accept service. If the partnership maintains an office for the conduct of business, office delivery may be made under subsection (6) of this section.
 (c) If the property of the debtor is in the possession, control or custody of a corporation, the writ may be delivered to any officer or managing agent of the corporation or to any person designated by the corporation to accept service.
 (d) If the property of the debtor is in the possession, control or custody of a limited liability company, the writ may be delivered to any member of the company or to any person designated by the company to accept service.
 (e) If the property of the debtor is in the possession, control or custody of a financial institution, the writ may be delivered to the manager, assistant manager or other designated person at any office or branch of the financial institution where deposits are received or that has been designated by the institution as a place for receiving writs of garnishment. Delivery of a writ in the manner prescribed in this paragraph is effective to garnish all property of the debtor held at all offices and branches of the financial institution located in this state.
 (f) If the property of the debtor is in the possession, control or custody of a public body, as defined in ORS 174.109, the writ may be delivered to the board, department, institution, commission or officer charged with approving a claim for the property, or to such person or place as may be designated by the public body.
 (2) Notwithstanding ORS 78.1120 (2), if the property of the debtor is money that is owed to the debtor that is not evidenced by a negotiable instrument, certificate, document or similar instrument, the writ of garnishment must be delivered to the person who owes the money in the manner provided by subsection (1) of this section.
 (3) Notwithstanding ORS 78.1120 (2), if the property of the debtor is stock in a corporation, other than stock represented by a negotiable certificate or similar instrument, the writ of garnishment must be delivered to the corporation in the manner provided by subsection (1) of this section.
 (4) Notwithstanding ORS 77.6020 and 78.1120, if the property of the debtor is a negotiable instrument, certificate, document or similar instrument, the writ of garnishment must be delivered to the person having possession of the instrument in the manner provided by subsection (1) of this section. The garnishment does not limit the rights of a holder in due course of a negotiable instrument under ORS 73.0302, a holder to whom a negotiable document has been duly negotiated under ORS 77.5010 or a protected purchaser of a security under ORS 78.3030.
 (5) If the property of the debtor is an interest of an heir or legatee in an estate of a decedent, the writ of garnishment must be delivered to the personal representative of the estate in the manner provided by subsection (1) of this section.
 (6) For the purposes of subsection (1)(a) and (b) of this section, office delivery may be made by leaving all of the items required by ORS 18.650 (1) at the office during normal working hours with the person who is apparently in charge. If office delivery is used, the person delivering the writ, as soon as reasonably possible, shall cause to be mailed by first class mail all of the items required by ORS 18.650 (1) to the garnishee at the garnishee’s place of business or such other place under the circumstances that is most reasonably calculated to apprise the garnishee of the garnishment, together with a statement of the date, time and place at which office delivery was made. Office delivery under this subsection is effective upon the receipt of the writ by the person who is apparently in charge of the office. [2001 c.249 §18; 2003 c.85 §7; 2005 c.269 §1]
 Section 18.658 - Documents to be delivered to debtor.
 (a) A copy of the writ of garnishment.
 (b) The original of the debt calculation form.
 (c) A notice of exemptions form in substantially the form provided by ORS 18.845.
 (d) A challenge to garnishment form in substantially the form provided by ORS 18.850, with the names and addresses of the garnishor and garnishee entered by the garnishor.
 (2) A person serving a writ of garnishment may meet the requirements of subsection (1) of this section by mailing the documents to the address of the debtor that appears in the writ of garnishment. If an address for the debtor does not appear in the writ, the person serving the writ need not comply with subsection (1) of this section. [2001 c.249 §19; 2003 c.85 §8]
 Section 18.665 - Duties generally.
 (2) The duty of a garnishee to hold and deliver property is not affected by joint ownership of the property. If a garnishee holds property that is owned, or appears to be owned, by the debtor and one or more other persons, the garnishee must still hold and deliver all of the property, or as much of the property as is necessary to satisfy the garnishment.
 (3) If a single writ is issued for two or more joint debtors under ORS 18.607 (5) and the garnishable property in the garnishee’s possession, control or custody exceeds the amount necessary to satisfy the garnishment, the garnishee must hold and deliver as much of the property as is necessary to satisfy the garnishment but may select, in the sole discretion of the garnishee, the property to hold and deliver without regard to which of the joint debtors owns the property. [2001 c.249 §20; 2003 c.85 §9; 2009 c.430 §6]
 Section 18.668 - Immunity by payment to court administrator or delivery to sheriff.
 (2) If the garnishee makes payment of garnished money to the garnishor or to the court administrator under subsection (1) of this section, or delivers garnished property to the sheriff in the manner provided by ORS 18.600 to 18.850, the garnishee is discharged from liability to the creditor for the value of the money paid or property delivered.
 (3) If the garnishee requests a receipt, the sheriff or court administrator shall provide the garnishee with a receipt for any property delivered to the sheriff or payment made to the court administrator.
 (4) A garnishor or the garnishor’s attorney may disclose the full Social Security number for a debtor to a garnishee if the garnishee requests the number for the purpose of identifying the debtor.
 (5) A garnishee is not liable to any person by reason of using all or part of a debtor’s Social Security number for the purpose of identifying the debtor. [2001 c.249 §21; 2003 c.576 §54; 2009 c.230 §4]
 Section 18.670 - Exceptions to garnishee’s duties.
 (2) The duty of a garnishee to hold or deliver any property under a writ of garnishment is not breached if the property is removed from the possession, control or custody of the garnishee before the garnishee can act to stop that removal through the exercise of reasonable care. [2001 c.249 §22]
 Section 18.672 - Duties of personal representative who is garnished.
 Section 18.680 - Response required; time.
 (2) Except as provided in subsection (3) of this section, a garnishee response must be delivered by the garnishee not later than seven calendar days after the date on which the writ of garnishment was delivered to the garnishee.
 (3) If the seventh calendar day after delivery of a writ of garnishment is a Saturday, Sunday or legal holiday, a garnishee response must be delivered by the garnishee on or before the next following day that is not a Saturday, Sunday or legal holiday. [2001 c.249 §24]
 Section 18.682 - When response not required.
 (1) The writ of garnishment is not delivered to the garnishee within the time provided under ORS 18.609;
 (2) The garnishor fails to serve the garnishee with all items required under ORS 18.650;
 (3) The garnishee receives a release of garnishment issued under ORS 18.770; or
 (4) Any other law or court order directs that the response not be made. [2001 c.249 §25]
 Section 18.685 - Contents of response; manner of making payment.
 (1) If the garnishee discovers that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the debtor and the petition was filed after the date shown on the face of the writ as the date on which the judgment was entered or otherwise first became subject to garnishment.
 (2) If the garnishee does not employ the debtor and the garnishee does not have any garnishable property of the debtor in the possession, control or custody of the garnishee, the garnishee must so note on the response.
 (3) If the garnishee employs the debtor, the garnishee must so state on the response and make all other responses required by this section or ORS 18.688. The garnishee must thereafter make payment under the writ in the manner provided by ORS 18.735.
 (4) If the garnishee has any cash belonging to the debtor that is garnishable, or the garnishee owes any money to the debtor other than wages that is due as of the time the response is made, the garnishee must so note on the response. The garnishee must make payment with the response in the manner provided by ORS 18.730 of the amount subject to the garnishment, or of such amount as will satisfy the garnishment, whichever amount is less.
 (5) If the garnishee owes any money to the debtor other than wages that is not due as of the time the response is made but that will become due within 45 days after the time the writ is delivered, the garnishee must so note on the response. When the money becomes due, the garnishee must make payment in the manner provided by ORS 18.732 of the amount subject to the garnishment, or of such amount as will satisfy the garnishment, whichever amount is less.
 (6) Except as provided in ORS 18.618 (1)(a)(F), if the garnishee owes any money to the debtor other than wages that is not due as of the time the response is made and the money will not become due within 45 days after the time the writ is delivered, the garnishee must so note on the response. The garnishee must thereafter comply with ORS 18.750 to 18.760.
 (7) If the garnishee has any garnishable property of the debtor in the possession, control or custody of the garnishee that is not cash or owed money, the garnishee must so note on the response. The garnishee must thereafter comply with ORS 18.750 to 18.760.
 (8) If the garnishee can determine from the writ that the garnishee may owe money to or hold garnishable property of the debtor, but is not sure what or how much, the garnishee must so state on the response and must state that the garnishee will file an amended response when the garnishee determines what or how much money or property the garnishee owes or holds.
 (9) If the garnishee determines that the writ of garnishment does not comply on its face with ORS 18.600 to 18.850, or if the garnishee is unable to determine the identity of the debtor from the information contained in the writ, the writ of garnishment is ineffective to garnish the property of the debtor. The garnishee must so note on the response and provide an explanation.
 (10) If, before delivering the garnishee response, the garnishee receives an order to withhold income issued under ORS chapter 25 that applies to the income of the debtor, the garnishee must so note on the response. The garnishee must provide details of the order to withhold income, including the name of the agency serving the order, the date the order was served on the garnishee and the amount to be withheld. If the garnishee employs the debtor, the garnishee must make the responses required under ORS 18.688.
 (11) If the garnishee receives notice of a challenge to the garnishment before delivering the response, the garnishee must so note on the response. The garnishee must thereafter comply with ORS 18.708. [2001 c.249 §26; 2005 c.542 §65; 2007 c.496 §5; 2009 c.430 §7]
 Section 18.688 - Response of garnishee who is employer of debtor.
 Section 18.690 - Delivery of garnishee response.
 (a) The original of the response to the garnishor;
 (b) A copy of the response to the debtor; and
 (c) A copy of the response to the court administrator for the court specified in the writ of garnishment as having authority over the writ.
 (2) The garnishee shall not mail or personally deliver a copy of the garnishee response to the court administrator if:
 (a) The garnishee discovers that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the debtor after the debt was adjudicated as provided in ORS 18.605, and the garnishee will not make payments or deliver property under the writ pursuant to ORS 18.618 (3); or
 (b) The garnishee does not employ the debtor and the garnishee has no property of the debtor in the garnishee’s possession, control or custody that is garnishable property.
 (3) For the purpose of compliance with ORS 18.680, delivery of a garnishee response under this section is accomplished upon mailing or upon personal delivery of the response. [2001 c.249 §28; 2003 c.85 §10; 2003 c.576 §56; 2005 c.391 §5]
 Section 18.692 - Supplemental garnishee response.
 (a) The garnishee discovers that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the debtor under section 301, 302 or 303 of the United States Bankruptcy Code (11 U.S.C. 101 to 1330) after the debt was adjudicated as provided in ORS 18.605; or
 (b) The garnishee receives an order to withhold income that is entitled to priority under ORS 25.375.
 (2) The supplemental garnishee response required under this section must be in substantially the form provided in the instructions to garnishee form set forth in ORS 18.838. [2001 c.249 §29; 2003 c.85 §11]
 Section 18.700 - Manner of making challenge to garnishment.
 (a) To assert that the amount specified in the writ of garnishment as being subject to garnishment is greater than the total amount owed by the debtor to the creditor; or
 (b) To assert that property is not garnishable property.
 (2) A debtor may make a challenge to a garnishment by completing the challenge to garnishment form provided by ORS 18.850, or a substantially similar form, and by delivering, in person or by first class mail, the original of the completed form to the court administrator for the court specified in the writ of garnishment as the court with authority over the writ and a copy of the completed form to the garnishor. A challenge to a garnishment must be delivered:
 (a) Within 120 days after a copy of the writ of garnishment is delivered to the debtor, if the garnishee is the employer of the debtor and the challenge is based on an exemption that is claimed for wages earned by the debtor from the garnishee; or
 (b) Within 30 days after a copy of the writ of garnishment is delivered to the debtor, if the challenge is made on any other basis.
 (3) Upon receiving a challenge to a garnishment under subsection (2) of this section, the court administrator shall retain all payments sent to the court administrator under ORS 18.705 and 18.708 until such time as the court enters a decision on the challenge. The court administrator shall reject any payment that is received after the challenge is made and that is not payable to the court, and the court administrator shall return the payment to the garnishee with instructions to reissue the payment as payable to the court.
 (4) A court shall not require the payment of any fee for the filing of a challenge to a garnishment.
 (5) A challenge to a garnishment may be used only for the purposes specified in this section and ORS 18.725. [2001 c.249 §30; 2003 c.85 §12; 2003 c.576 §57]
 Section 18.702 - Notice to garnishor and garnishee of challenge to garnishment.
 (2) The court administrator shall provide the notice of a challenge required by subsection (1) of this section to:
 (a) The garnishor.
 (b) The garnishee, unless the court administrator knows that the garnishee has already delivered all garnishable property to the garnishor.
 (c) The sheriff of the county identified in any notice delivered to the court administrator under ORS 18.755 (5). [2001 c.249 §31; 2003 c.576 §58]
 Section 18.705 - Duties of garnishor and creditor created by challenge to garnishment.
 (2) Except as provided in subsection (4) of this section, if the garnishor is not a creditor, upon receiving notice of a challenge to a garnishment under ORS 18.702, the garnishor must promptly send to the court specified in the writ of garnishment all amounts received under the writ that have not been delivered to the creditor and that the debtor has claimed to be exempt or not subject to garnishment. The creditor must promptly send to the court specified in the writ all amounts that the creditor has received under the writ and that the debtor has claimed to be exempt or not subject to garnishment.
 (3) Payments made to the court under this section must be in cash or by check made payable to the court. If the payment has not reached the court by the time of the hearing under ORS 18.710, the court administrator shall so notify the judge presiding at the hearing. If the court determines that any of the garnished money should be disbursed to the debtor and the payment has not reached the court by the time of that determination, the court may issue an order requiring that the garnishor or creditor appear and show cause why the garnishor or creditor should not be held in contempt. In addition to contempt proceedings, the court may require the garnishor or creditor to pay attorney fees under ORS 20.105. A court’s imposition of sanctions under this subsection does not limit any remedy otherwise available to the debtor.
 (4) This section does not apply if the garnishor or creditor is not allowed by law to disburse the payment to the court.
 (5) The receipt of a challenge to a garnishment does not affect the requirement under ORS 18.755 (1) that the garnishor mail or deliver a written request for sale of property, and pay the fees determined by the sheriff under ORS 18.755 (3), not later than 20 days after the garnishee delivers the garnishee response to the court administrator for the court specified in the writ of garnishment as having authority over the writ. The garnishor must note upon the request for sale that a challenge to the garnishment has been made by the debtor. [2001 c.249 §32; 2003 c.85 §13; 2003 c.304 §2; 2003 c.576 §59]
 Section 18.708 - Duties of garnishee created by challenge to garnishment.
 (2) Upon receiving notice of a challenge under ORS 18.702, a garnishee who holds any property described in ORS 18.750 must hold the garnished property for the period specified in ORS 18.752 (1). If the sheriff informs the garnishee before the end of the period specified in ORS 18.752 (1) that the property held by the garnishee will be sold, the garnishee shall continue to hold the property until receiving further directions from the court. [2001 c.249 §33; 2003 c.576 §60]
 Section 18.710 - Hearing on challenge to garnishment.
 (2) Hearings on a challenge to a garnishment may be held by telecommunication.
 (3) The debtor has the burden to prove timely delivery of a challenge to a garnishment. [2001 c.249 §34; 2003 c.85 §14; 2003 c.576 §61]
 Section 18.712 - Allowance or denial of challenge.
 (2) Except as provided in subsection (3) of this section, any amount determined to be garnishable property that is not exempt after a hearing shall be mailed to the garnishor within 10 judicial days after the court’s order denying the challenge as to that amount.
 (3) The Judicial Department may by written policy establish time limitations different from the 10-day period provided in subsections (1) and (2) of this section for the delivery of amounts after a judicial determination on a challenge to a garnishment. The time limitations established by the department may be longer or shorter than the 10-day period. The policy may provide for a period longer than 10 days for a category of payments only if the department determines that the category is subject to special circumstances that create substantial difficulties in meeting a requirement of delivery within 10 days. The policy shall provide for delivery in less than 10 days for any category of payments that the department determines can be delivered within a shorter period of time. The department shall consider federal guidelines and rules relating to the timing of transactions in financial institutions in developing a policy under this subsection. Any policy adopted under this subsection applies to all courts of this state, except that municipal courts and justice courts are not bound by any requirement that a category of payments be delivered in less than 10 days. [2001 c.249 §35; 2003 c.576 §62]
 Section 18.715 - Sanctions.
 (2) The court shall order a creditor to return any property that is garnished under a writ of garnishment and that was exempt from garnishment or not subject to garnishment, and shall order the creditor to pay a penalty of $200 to the debtor in addition to all costs and reasonable attorney fees incurred by the debtor in recovering the property and penalty, if:
 (a) The creditor is the garnishor and fails to provide in the writ any address for the debtor that is known to the creditor; or
 (b) The creditor is not the garnishor and fails to provide to the garnishor any address for the debtor that is known to the creditor.
 (3) The imposition of sanctions under this section does not limit any remedy otherwise available to the creditor or debtor. [2001 c.249 §36]
 Section 18.718 - Special procedures for writs issued for past due support.
 (a) Challenge the enforcement of the past due support in the appropriate tribunal of the state upon whose request the writ was issued as indicated in the writ of garnishment; or
 (b) File a challenge to the garnishment with the court administrator for the court in the county in which the property was located when the writ was delivered, if the debtor pays the filing fee required for an appearance and files with the court administrator copies of the writ of garnishment, the debt calculation form and the garnishee response delivered to the debtor under ORS 18.658.
 (2) When a challenge to a garnishment is filed under this section, the court administrator shall enter the filing in the court register and the court shall decide the challenge in the manner provided by ORS 18.710.
 (3) Immediately upon receipt of a notice of a challenge to a garnishment under this section, the issuer of the writ shall file with the court administrator a response to the challenge, attaching copies of the writ of garnishment and garnishee response, and any supporting documentation necessary or helpful to the court in making a determination on the challenge. [2001 c.249 §36a; 2003 c.576 §63; 2007 c.493 §17]
 Section 18.725 - Claim by person other than debtor for all or part of garnished property.
 Section 18.730 - Payment of money under writ; garnishor’s duty to hold payments.
 (2) Except as provided in ORS 18.645 and 18.745, a garnishor receiving a payment under a writ of garnishment must hold the payment for a period of 10 days after receipt. The payments must be held in this state, must be clearly identifiable and must be held separate and apart from any account used for operating a business or used to pay personal or business expenses. A payment under a writ may be commingled with other garnished money.
 (3) If a garnishee receives notice of a challenge to the garnishment from the court administrator under ORS 18.702, the garnishee shall cease making payments to the garnishor and shall make all further payments to the court administrator in the manner provided by ORS 18.708.
 (4) Notwithstanding subsection (1) of this section, if a creditor is a state agency as defined by ORS 183.750, the garnishor may require that checks issued for payments under a writ be made payable to the garnishor or to such other person as designated by the garnishor. A state agency may modify the forms provided in ORS 18.600 to 18.850 to reflect the provisions of this subsection. [2001 c.249 §38; 2003 c.85 §15; 2003 c.576 §65]
 Section 18.732 - Money owed to debtor that is due within 45 days.
 (2) If the garnishee receives notice of a challenge to the garnishment at any time before the garnishee mails or delivers the amount due, the garnishee shall comply with ORS 18.708. [2001 c.249 §39]
 Section 18.735 - Payment of wages subject to garnishment.
 (1) The garnishee must make an initial payment when the garnishee next pays any wages to the debtor. The payment must be for all wages that were owing to the debtor on the date that the writ was delivered to the garnishee, and all amounts that are being paid to the debtor for work performed after the writ was delivered and before issuance of the paycheck. The garnishee must compute the amount of wages subject to garnishment using the wage exemption calculation form provided by ORS 18.840 and must mail a copy of the completed form along with the first payment under the writ.
 (2) Unless the writ of garnishment is satisfied or released, the garnishee must make subsequent payments under the writ whenever the garnishee makes any payment of wages to the debtor during the period specified in ORS 18.625. Each time there is any change in the debtor’s pay period or any change in the amount paid to the debtor during the debtor’s pay period, the garnishee must complete a new wage exemption calculation form and mail a copy of the completed form along with the payment.
 (3) Unless the writ of garnishment is satisfied or released sooner, the garnishee must make a final payment under the writ when the garnishee next makes a payment of wages to the debtor after the writ expires under the provisions of ORS 18.625. The payment must be for all wages that were owing to the debtor on the date that the writ expires. The garnishee must complete a new wage exemption calculation form and mail a copy of the completed form along with the final payment. [2001 c.249 §40]
 Section 18.736 - Processing fee.
 (2) The fee provided for in this section may not be collected if withholding of the fee would reduce the debtor’s net disposable income below the minimum amounts prescribed by ORS 18.385. [2003 c.779 §3; 2009 c.529 §1]
 Section 18.738 - Acceptance or rejection of payments by court administrator.
 (2) The court administrator may return to the garnishee any payment received from the garnishee unless the garnishee has delivered a garnishee response to the court in the manner required by ORS 18.690 or has provided a statement to the court administrator that the payment is a voluntary payment on behalf of the debtor to be applied toward satisfaction of the garnishment or is a payment under another law or court order that requires or allows the garnishee to pay money to the court. [2001 c.249 §41; 2003 c.576 §66]
 Section 18.740 - Payments erroneously sent to court.
 (2) The court administrator is not liable for interest on money erroneously sent to the court if the court administrator transmits the money to the garnishor in a timely manner. [2001 c.249 §42; 2003 c.576 §67]
 Section 18.742 - Crediting of payments against debt.
 (2) If a garnishee makes payment to the court, the payment shall be credited against the debt on the date the court administrator disburses payment to the garnishor, unless the court otherwise orders. This subsection applies even if the garnishee makes payment to the court in error or when the court administrator holds money pending a decision on a challenge to the garnishment. [2001 c.249 §43; 2003 c.576 §68]
 Section 18.745 - Excess payments.
 Section 18.750 - Application of ORS 18.750 to 18.760.
 (2) The provisions of ORS 18.750 to 18.760 apply to:
 (a) Except as provided in ORS 18.618 (1)(a)(F), any money owed by a garnishee to a debtor the payment of which is not due at the time the writ of garnishment is delivered to the garnishee and the payment of which does not become due within 45 days after the date of delivery;
 (b) Property of the debtor that the garnishee holds under an unexpired bailment or lease;
 (c) Property of the debtor in which the garnishee has a security interest that was granted to the garnishee by the debtor before the delivery of the writ; and
 (d) Any other garnishable property that is not payable in money.
 (3) The property described in subsection (2)(a) to (c) of this section must be delivered by the garnishee to the purchaser in the manner provided by ORS 18.758 (3) if the interest of the debtor in the property is sold by the sheriff under ORS 18.758. Subject to the provisions of ORS 18.755, the garnishee must deliver to the sheriff any other garnishable property that is not payable in money upon receiving notice from the sheriff under ORS 18.755 (4). [2001 c.249 §45; 2005 c.542 §64; 2007 c.496 §6]
 Section 18.752 - Garnishee duties.
 (2) If the garnishee is not contacted by the sheriff before the end of the 30-day period provided for in subsection (1) of this section, the garnishment is of no further force or effect with respect to the property and the garnishee may deal with the garnished property as if the writ had not been delivered to the garnishee. [2001 c.249 §46; 2003 c.304 §3; 2003 c.576 §69a]
 Section 18.755 - Request for sale; sheriff’s fees.
 (2) A sale of the property described in ORS 18.750 may be conducted under ORS 18.750 to 18.760 only by the sheriff of the county in which the writ was delivered or, if the property is not located within the county in which the writ was delivered, by the sheriff of the county in which the property is located.
 (3) A garnishor may request that the sheriff of a county described in subsection (2) of this section provide a statement to the garnishor of the fees that the sheriff will charge for conducting a sale of property that is described in ORS 18.750. The sheriff shall conduct such investigation as may be necessary to determine the difficulty of conducting any sale of the property under ORS 18.758, including any costs that the sheriff may incur in taking into possession any of the property described in ORS 18.750 (3). The sheriff shall determine whether the property described in ORS 18.750 (3) should be taken into possession of the sheriff, or whether the sheriff should enter into an agreement with the garnishee for the garnishee to continue to hold the property pending sale by the sheriff. The sheriff shall provide the statement of fees to the garnishor not later than five days after the garnishor requests the statement.
 (4) If the garnishor mails or delivers a written request for sale of property and pays the sheriff fees determined under subsection (3) of this section within the time allowed by subsection (1) of this section, the sheriff shall promptly mail or deliver a written notice to the garnishee. The notice shall direct the garnishee to:
 (a) Hold all property described in ORS 18.750 (2)(a) to (c) until the garnishee receives further instructions with respect to disposition of the property; and
 (b) Deliver all property described in ORS 18.750 (2)(d) to the sheriff, unless the sheriff has agreed with the garnishee that the property should continue to be held by the garnishee pending sale.
 (5) Upon sending a notice to a garnishee under subsection (4) of this section, the sheriff shall mail or deliver a copy of the notice to the court administrator for the court with authority over the writ.
 (6) A sheriff is not liable to the garnishor, the debtor or any other person for loss of, or damage to, property that is not delivered to the sheriff pending sale of the property. [2001 c.249 §47; 2003 c.304 §4; 2003 c.576 §69; 2011 c.195 §3]
 Section 18.758 - Sheriff’s sale.
 (a) Within 20 days after notice is sent to the garnishee under ORS 18.755 (4), if the garnishee is directed to continue to hold the property pending sale by the sheriff; or
 (b) Within 20 days after the property is delivered to the sheriff, if the garnishee is directed to deliver the property to the sheriff under ORS 18.755 (4).
 (2) If the garnishor notifies the sheriff that property should be released to the debtor, the sheriff shall promptly release the property.
 (3) If the garnishee continues to hold property of the debtor pending sale of the property under ORS 18.750 to 18.760, within five days after the sale of property under this section the sheriff shall advise the garnishee in writing of the identity of the purchaser and that the purchaser is entitled to possession of the property or to possession of the debtor’s interest in the property. If the property is a debt owed to the debtor for which payment is not due or is subject to a bailment, lease or security interest that has not yet expired or been satisfied or released, the garnishee need not deliver the property to the purchaser until five days after payment is due, the bailment or lease has expired, or the indebtedness secured by the property is satisfied or the security interest is released. [2001 c.249 §48; 2007 c.255 §1]
 Section 18.760 - Challenge to garnishment.
 Section 18.770 - Release of garnishment.
 (a) The sheriff, if the garnishor has made a request for sale of property under ORS 18.755; and
 (b) The court administrator for the court specified in the writ of garnishment as the court with authority over the writ, if the garnishor has made a request for sale of property under ORS 18.755 or if the garnishor has received a challenge to the garnishment.
 (2) A person who does not receive a copy of a release under this section is not liable for treating the property as though the writ were still in effect.
 (3) Any proceedings for the sale of property under ORS 18.758 shall be terminated immediately upon receipt by the sheriff of a copy of a release of garnishment.
 (4) Upon receipt of a copy of a release under this section, the garnishee may proceed to deal with the released property as though the writ of garnishment had not been issued. [2001 c.249 §50; 2003 c.576 §70]
 Section 18.775 - Liability of garnishee.
 (a) The amount required to satisfy the garnishment; or
 (b) The value of the debtor’s garnishable property held by the garnishee at the time the writ is delivered to the garnishee.
 (2) A judgment may be entered against the garnishee for the amounts specified in this section if, after a hearing, the court finds that:
 (a) The garnishee at the time of the delivery of the writ of garnishment held garnishable property of the debtor beyond the amount reported in the garnishee response;
 (b) The garnishee held any garnishable property of the debtor and the garnishee failed to make a response; or
 (c) The garnishee failed to deliver garnishable property required to be delivered under the writ.
 (3) A supplemental judgment shall be entered under subsection (2) of this section if the garnishment was issued for a debt described in ORS 18.605 (1)(a) and a general judgment has been entered in the action. A limited judgment shall be entered under subsection (2) of this section if the garnishment was issued for a debt described in ORS 18.605 (1)(a) and a general judgment has not been entered in the action. A limited or general judgment shall be entered under subsection (2) of this section if the garnishment was issued for a debt described in ORS 18.605 (1)(b), (c) or (d).
 (4) If a garnishee is liable to a creditor under subsections (1) and (2) of this section, the creditor may also recover costs of the creditor as determined under ORCP 68. If the garnishee fails to file a garnishee response within the time required by law, the costs of the creditor may be recovered from the garnishee even if it is determined that the garnishee held no garnishable property of the debtor at the time the writ was delivered to the garnishee.
 (5) Any amounts from a garnishee collected other than costs under a judgment entered pursuant to this section must be credited against the debt owed by the debtor to the creditor. [2001 c.249 §51; 2009 c.484 §8]
 Section 18.778 - Order to appear.
 (2) At any time after a garnishor applies for an order under this section, the court may enter an order restraining the garnishee from in any manner disposing of or injuring any of the property of the debtor alleged by the garnishor to be in the garnishee’s possession.
 (3) Disobedience of any order of the court under this section, or refusal to answer any question upon appearance under an order to appear for examination, may be punished as contempt. [2001 c.249 §52]
 Section 18.780 - Pleadings; default judgment.
 (2) Unless further time is allowed for good cause, not less than 10 days before the time when the garnishee is required to appear for hearing, the garnishee must file with the court an answer to the allegations and interrogatories of the garnishor and deliver a true copy of the answer to the garnishor. The answer shall be on oath and shall contain a full response to all of the allegations and interrogatories.
 (3) The garnishor may except to the answer of the garnishee for insufficiency, within such time as may be allowed by the court. If the answer is adjudged insufficient, the garnishee may be allowed to amend the answer.
 (4) If the garnishee fails to answer as required under subsection (2) of this section, the creditor may have judgment against the garnishee for want of answer. In no case shall default judgment be given against the garnishee for an amount greater than the judgment against the debtor, plus any costs awarded by the court in the proceeding. The judgment provided for in this subsection is in lieu of any judgment under ORS 18.775. Any amounts other than costs collected from a garnishee under a judgment entered pursuant to this subsection must be credited against the debt owed by the debtor to the creditor. [2001 c.249 §53]
 Section 18.782 - Hearing.
 Section 18.784 - Certain financial institution deposits not subject to garnishment; garnishment account review.
 (2) The provisions of this section apply only to payments described in subsection (3) of this section that are deposited during the lookback period that ends on the day before the day on which the garnishment account review is conducted and begins on:
 (a) The day in the second calendar month preceding the month in which the garnishment account review is conducted, that has the same number as the day on which the period ends; or
 (b) If there is no day as described in paragraph (a) of this subsection, the last day of the second calendar month preceding the month in which the garnishment account review is conducted.
 (3) The provisions of this section apply only to:
 (a) Federal benefit payments;
 (b) Payments from a public or private retirement plan as defined in ORS 18.358;
 (c) Public assistance or medical assistance, as defined in ORS 414.025, payments from the State of Oregon or an agency of the State of Oregon;
 (d) Unemployment compensation payments from the State of Oregon or an agency of the State of Oregon;
 (e) Black lung benefits payments from the United States Department of Labor; and
 (f) Workers’ compensation payments from a workers’ compensation carrier.
 (4) The provisions of this section apply only to a payment that a financial institution can identify as being one of the types of payments described in subsection (3) of this section from information transmitted to the financial institution by the payor.
 (5) A financial institution shall perform a garnishment account review only one time for a specific garnishment. If the same garnishment is served on a financial institution more than once, the financial institution may not perform a garnishment account review or take any other action relating to the garnishment based on the second and subsequent service of the garnishment.
 (6) A financial institution may not conduct a garnishment account review under this section if a Notice of Right to Garnish Federal Benefits from the United States Government or from a state child support enforcement agency is attached to or included in the garnishment as provided in 31 C.F.R. part 212. If a Notice of Right to Garnish Federal Benefits is attached to or included in the garnishment, the financial institution shall proceed on the garnishment as otherwise provided in ORS 18.600 to 18.850.
 (7) The provisions of this section do not affect the ability of a debtor to claim any exemption that otherwise may be available to the debtor under law for any amounts in an account in a financial institution. [Formerly 18.619; 2013 c.688 §4]
 Section 18.785 - Duties of financial institution; notice to account holder.
 (a) Immediately calculate and establish the amount in the debtor’s account that is not subject to garnishment and ensure that the debtor has full customary access to that amount; and
 (b) Issue a notice to the account holder in substantially the form set forth in ORS 18.847.
 (2) A financial institution shall issue the notice required by this section directly to the account holder or to a fiduciary who administers the account and receives communications on behalf of the account holder.
 (3) The notice required by this section must be sent separately to the debtor and may not be included with other materials being provided to the debtor by the financial institution that do not relate to the garnishment.
 (4) The notice required by this section must be sent to the account holder within three business days after the financial institution completes the garnishment account review required by ORS 18.784 (1).
 (5) A financial institution shall perform the calculation described in subsection (1) of this section for each account of the account holder. However, the financial institution may issue a single notice under this section for multiple accounts of the same account holder.
 (6) Issuance of a notice under this section does not constitute the giving of legal advice and a financial institution is not obligated to provide legal advice by reason of issuing a notice required by this section. [2011 c.733 §4]
 Section 18.787 - Liability of financial institution.
 (1) Delivery or refusal to deliver any funds that are not subject to garnishment under ORS 18.784 to a garnishor;
 (2) Providing the notice required by this section to an account holder;
 (3) Customary clearing and settlement adjustments made to a debtor’s account that affect the balance in the debtor’s account; and
 (4) Any bona fide errors that occur under ORS 18.784 or 18.785 despite reasonable procedures implemented by the financial institution to prevent those errors. [2011 c.733 §5]
 Section 18.788 - Compliance records.
 Section 18.790 - Search fee; garnishment processing fee.
 (a) A search fee of $10 must be paid to the financial institution if the garnishor is the Department of Revenue.
 (b) A search fee of $15 must be paid to the financial institution if the garnishor is a person other than the department.
 (2) A separate search fee must be paid under this section to the financial institution for each debtor if the writ is issued for more than one debtor under ORS 18.607 (5).
 (3) If the search fee required under this section is not paid:
 (a) The garnishment is not effective to garnish any property of the debtor; and
 (b) The financial institution need not file a garnishee response.
 (4) The search fee required under this section need not be paid to a financial institution if the debtor is an employee of the financial institution.
 (5) Notwithstanding subsection (1) of this section, a financial institution may enter into an agreement with any state agency authorized to garnish pursuant to ORS 18.645 or 18.854 for periodic billing and payment of garnishee search fees required under this section.
 (6) The right of a financial institution to receive the search fee required under this section does not in any way restrict or impair the right of the financial institution to charge and collect an additional garnishment processing fee from any debtor whose property the financial institution holds, or to whom the financial institution owes money. However, a financial institution may not charge or collect a garnishment processing fee in violation of ORS 652.610. If a financial institution charges a garnishment processing fee, the financial institution may collect the fee by deducting the amount of the fee from any amount that the financial institution owes to the debtor.
 (7) If a garnishment account review reveals that a payment was made by direct deposit or electronic payment to the debtor’s account during the lookback period described in ORS 18.784 (2), the financial institution may not charge or collect a garnishment processing fee under subsection (6) of this section against the amount that is not subject to garnishment, and may not charge or collect a garnishment processing fee under subsection (6) of this section against any amounts in the account after the date of the garnishment account review. [2001 c.249 §55; 2003 c.85 §16a; 2007 c.356 §1; 2009 c.430 §5; 2011 c.733 §7]
 Section 18.792 - Safe deposit boxes.
 (2) If a sheriff is instructed to seize and sell the contents of a safe deposit box, and the box is found to contain an identification document, such as a driver license, passport, certified copy of a record of live birth or Social Security card, the sheriff shall take possession of the identification document, but the document may not be sold to satisfy the debt. [2001 c.249 §56; 2011 c.195 §5; 2013 c.366 §49]
 Section 18.795 - Setoff for amounts owing to financial institution.
 Section 18.798 - Effect of garnishment served on financial institution.
 Section 18.800 - Special procedures for writs issued to enforce agency orders or warrants.
 (2) Notwithstanding ORS 18.690, a garnishee who receives a writ of garnishment described in subsection (1) of this section need not deliver a copy of the garnishee response to the court administrator for the court identified as having authority over the writ.
 (3) Notwithstanding ORS 18.700, a debtor who wishes to make a challenge to a writ of garnishment described in subsection (1) of this section must deliver the challenge in person or by first class mail to the garnishor within the time specified by ORS 18.700 (2).
 (4) A person issuing a writ of garnishment described in subsection (1) of this section shall modify the forms provided in ORS 18.600 to 18.850 to reflect that:
 (a) The writ of garnishment is issued pursuant to an order or warrant recorded in the County Clerk Lien Record;
 (b) A copy of the garnishee response need not be delivered or mailed to the court administrator for the court identified in the writ; and
 (c) A challenge to a writ of garnishment described in subsection (1) of this section must be delivered to the garnishor and not to the court.
 (5) Within 14 days after receipt of a challenge to a garnishment described in subsection (1) of this section, the garnishor must either:
 (a) Release all property claimed as exempt from or not subject to garnishment under the challenge to the garnishment; or
 (b) File with the court administrator a response to the challenge attaching copies of the writ and garnishee response and any supporting documentation necessary or helpful to the court in making its determination on the challenge to the garnishment.
 (6) The provisions of this section do not apply to writs of garnishment issued by the court administrator, writs issued by an attorney for the enforcement of an order recorded under ORS 671.707 or 701.153 or writs issued by the administrator, as defined in ORS 25.010, under ORS 18.645. [2001 c.249 §57; 2003 c.576 §71; 2007 c.836 §40]
 Section 18.810 - Use of writ for provisional process.
 (2) Notwithstanding ORS 18.730, if a writ of garnishment is issued pursuant to an order for provisional process under ORCP 83 and 84, all payments of money by the garnishee under the writ shall be made to the court administrator for the court specified in the writ as the court with authority over the writ. The court administrator shall hold the money pending entry of a judgment against the debtor unless the court finds, upon a challenge to the garnishment made by the debtor under ORS 18.700, that all or part of the money is exempt from execution or not subject to garnishment. If judgment is entered in favor of the debtor, the judgment must direct the court administrator to pay the money to the debtor. If judgment is entered in favor of the creditor, the judgment must direct the court administrator to pay to the creditor as much of the money as will satisfy the judgment and to pay the remainder to the debtor.
 (3) Notwithstanding ORS 18.750 to 18.760, if a writ of garnishment is issued pursuant to an order for provisional process under ORCP 83 and 84, the sheriff shall not sell any property described in ORS 18.750 before a judgment is entered in the proceedings, unless the court finds, upon a challenge made by the debtor under ORS 18.700, that all or part of the property is exempt from execution or is not subject to garnishment. If judgment is entered in favor of the debtor, the judgment must direct the sheriff to deliver the property to the debtor. If judgment is entered in favor of the creditor, the judgment must direct the sheriff to sell the property in the manner provided by ORS 18.758.
 (4) If property taken into the possession of the sheriff under a writ of garnishment issued pursuant to an order for provisional process under ORCP 83 and 84 is perishable, or the cost of storing the property is great, the sheriff shall sell the property in the same manner in which property is sold on execution. The proceeds shall be held and distributed in the same manner as provided in subsection (2) of this section for payments made under the writ.
 (5) The court administrator shall attach to any writ of garnishment issued pursuant to an order for provisional process under ORCP 83 and 84 a notice that informs the garnishee of the provisions of subsection (2) of this section. [2001 c.249 §58; 2003 c.576 §72]
 Section 18.830 - Writ of garnishment form.
 ______________________________________________________________________________
 ________COURT
 COUNTY OF ________
 ______ )
 Plaintiff, ) WRIT OF
 ) GARNISHMENT
 )
 vs. ) Case No. _____
 )
 ______ )
 Defendant. )
 TO:________.
 You are now a Garnishee. AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING:
 ________(who is called the "Debtor") owes money to ________ (who is called the "Creditor"). A judgment was entered against the Debtor for the debt, or the debt otherwise became subject to garnishment, on_____, 2__. The Debtor’s employer identification number, or the final four digits of the Debtor’s Social Security number, is ________ (insert if known).
 The amount subject to garnishment is $_____.
 This writ garnishes
 all
 of the following:
 • Wages that you owe the Debtor at the time this writ is delivered to you, and all wages that the Debtor earns during the 90-day period following the date on which you receive this writ.
 • All property of the Debtor (including money) that is in your possession, control or custody at the time this writ is delivered to you.
 • All debts that you owe the Debtor at the time this writ is delivered to you, whether or not payment is due on the debt at the time you receive this writ.
 YOU MUST ANSWER THIS WRIT BY COMPLETING THE ATTACHED GARNISHEE RESPONSE WITHIN THE TIME ALLOWED BY LAW, WHETHER OR NOT YOU HOLD ANY OF THE DEBTOR’S PROPERTY OR OWE ANYTHING TO THE DEBTOR. IF YOU DO NOT TRUTHFULLY ANSWER THIS WRIT, OR YOU DO NOT DELIVER MONEY OR PROPERTY WHEN YOU ARE REQUIRED TO DO SO, YOU WILL BE LIABLE TO THE CREDITOR.
 If you have questions, you should contact an attorney. Court employees cannot give you legal advice. The Creditor’s attorney cannot give you legal advice.
 A writ of garnishment may be issued only by the court administrator, by the attorney for the Creditor or by a person who is specifically authorized by law to issue garnishments. This writ is issued by (check one):
 __ The court administrator
 __ The attorney for the Creditor
 __ Other authorized issuer:
 Name and title ________
 Statutory authority to issue writ ________
 This writ is valid only if it has been delivered to you within 60 days after the date of issuance. If the court administrator is issuing this writ, the date of issuance is the date the court administrator signs the writ (see "COURT SEAL" below). If this writ is issued by any other person, the date of issuance is the date on which the issuer signs the certification (see "CERTIFICATION" below).
 IMPORTANT ADDRESSES
 ________Court
 Street address ________
 City _____ County _____
 State _____ Zip Code _____
 Name ________
 Telephone number (if known) _____
 __ Street address ________
 City _____ State _____
 Zip Code _____
 __ Creditor has no knowledge of Debtor’s address
 __ Creditor: (Must be filled in if the court administrator issues writ.)
 Name ________
 Street address ________
 City_____ State _____
 Zip Code _____
 __ Attorney for Creditor:
 Name ________
 Street address ________
 City_____ State _____
 Zip Code _____
 Telephone number ________
 Oregon State Bar number ______
 __ Other authorized issuer of writ:
 Name ________
 Street address ________
 City_____ State _____
 Zip Code _____
 Telephone number ________
 CERTIFICATION
 I certify that I have read this writ of garnishment and to the best of my knowledge, information and belief, there is good ground to support issuance of the writ, and the amount indicated as subject to garnishment is lawfully subject to collection by this writ.
 _______________ ______, 2__
 Signature Date
 Oregon State Bar No. (if attorney)
 COURT SEAL
 Issued by the court administrator this __ day of______, 2__.
 COURT ADMINISTRATOR
 By _______________
 ______________________________________________________________________________ [2001 c.249 §59; 2003 c.85 §17; 2003 c.576 §73; 2009 c.230 §5]
 Section 18.832 - Debt calculation form.
 (2) A debt calculation form must be in substantially the following form:
 ______________________________________________________________________________
 ________COURT
 COUNTY OF ________
 ______ )
 Plaintiff, ) DEBT
 ) CALCULATION
 vs. ) Case No. _____
 )
 ______ )
 Defendant. )
 TO: ________(Debtor).
 The following amounts have been calculated to be owing from you to ________ (Creditor). The amounts are owed by reason of:
 __ A judgment entered against you dated_____, 2__, in Case No._____, ______Court, ______County.
 __ Other debt subject to garnishment under the law (provide details):
 ______________________
 ______________________
 THE COURT ADMINISTRATOR HAS NOT CALCULATED ANY AMOUNTS FOR THE PURPOSE OF THIS FORM AND IS NOT LIABLE FOR ERRORS IN THIS FORM OR IN THE WRIT OF GARNISHMENT MADE BY THE CREDITOR OR GARNISHOR.
 Original Debt Amount $______
 + Pre-adjudication Interest $______
 + Attorney Fees $______
 + Cost Bill $______
 + Post-adjudication Interest $______
 + Delivery Fee for Writ $______
 + Sheriff’s Fees other
 than Delivery Fees $______
 + Other (Explain. Attach
 additional sheets
 if necessary.)
 ______ $______
 ______ $______
 ______ $______
 ______ $______
 Total "Other"
 from additional
 sheets (if used)
 + Past Writ Issuance Fees $______
 + Past Delivery Fees $______
 + Transcript and Filing
 Fees for Other Counties $______
 = Subtotal $______
 LESS Payments Made on Debt $(______)
 =
 Total
 Amount Required to
 Satisfy Debt in Full $______
 NOTE: INSERTING ITEMS AND AMOUNTS NOT LAWFULLY SUBJECT TO COLLECTION BY GARNISHMENT MAY RESULT IN LIABILITY FOR WRONGFUL EXECUTION.
 I certify that I have read this Debt Calculation form and to the best of my knowledge, information and belief the amount shown as owing is correct.
 Creditor (Creditor must sign if writ issued by court administrator.)
 Garnishor (Attorney for Creditor or other person authorized by law to issue writ.)
 Address
 Telephone Number
 Oregon State Bar Number (if attorney)
 _______________, 2__
 Date of Calculation
 ______________________________________________________________________________ [2001 c.249 §60; 2003 c.576 §74]
 Section 18.835 - Garnishee response form.
 ______________________________________________________________________________
 ________COURT
 COUNTY OF ________
 ______ )
 Plaintiff, ) GARNISHEE
 ) RESPONSE
 vs. ) Case No. _____
 )
 ______ )
 Defendant. )
 The writ of garnishment was delivered to me on the ___ day of_____, 2__. The following responses are accurate and complete as of that date.
 ______________________________________________________________________________
 PART I: DEBTOR’S PROPERTY
 GENERALLY
 (ALL GARNISHEES MUST FILL OUT
 THIS PORTION OF THE RESPONSE)
 Place a check in front of all the following statements that apply. You may need to check more than one statement.
 __ I have discovered that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor after the date shown on the face of the writ as the date on which the judgment was entered against the Debtor or after the debt otherwise became subject to garnishment. (You need not complete any other part of this response, but you must sign the response and deliver it in the manner specified in Step 2 of the Instructions to Garnishee form.)
 __ I do not employ the Debtor, I do not have in my possession, control or custody any personal property of the Debtor, and I do not owe any debts or other obligations to the Debtor.
 __ I employ the Debtor. (You must complete Part II of this response.)
 __ I have in my possession, control or custody garnishable money that belongs to the Debtor (other than wages), or I owe a debt or other obligation to the Debtor (other than wages) that is due as of the time of this response. I am forwarding this money, or enough of it to satisfy the garnishment, to the Garnishor.
 __ I owe a debt or other obligation to the Debtor (other than wages) that was not due as of the time of this response but will become due within 45 days after the writ was delivered to me. I will forward the money, or enough of it to satisfy the garnishment, to the Garnishor when the debt or other obligation becomes due.
 __ I owe the following debt or other obligation to the Debtor (other than wages) that will not become due within 45 days after the date that the writ was delivered to me. I will not make any payments on the debt or obligation until I receive instructions from the Sheriff or until 30 days have passed from the date on which I deliver this response. (See Instructions to Garnishee form.)
 ______________________
 ______________________
 ______________________
 ______________________
 __ I have in my possession, control or custody the following personal property (other than money) that belongs to the Debtor. I will hold all of the property for the Garnishor until I receive instructions from the Sheriff or until 30 days have passed from the date on which I deliver this response. (See Instructions to Garnishee form.)
 ______________________
 ______________________
 ______________________
 ______________________
 __ I may owe money to or hold property of the Debtor, but I am not sure what or how much it might be. (You must provide an explanation in the following space and you must deliver an amended response when you find out. You must deliver an amended response even if you find out that you have no property of the Debtor or owe no money to the Debtor.)
 ______________________
 ______________________
 ______________________
 ______________________
 __ (FINANCIAL INSTITUTIONS ONLY) We hold one or more accounts for the Debtor, of which $_____ is not subject to garnishment under ORS 18.784. We are forwarding all other garnishable amounts, or enough of it to satisfy the garnishment, to the Garnishor.
 ______________________
 ______________________
 ______________________
 ______________________
 __ The writ of garnishment delivered to me, on its face, does not comply with the Oregon laws governing writs of garnishment, or I cannot determine the identity of the Debtor from the information in the writ. (You must provide an explanation in the following space.)
 ______________________
 ______________________
 ______________________
 ______________________
 __ I have received an order to withhold income that applies to the income of the Debtor. The order to withhold income has priority over the writ of garnishment, and compliance with the order will reduce or eliminate the money that I would otherwise deliver under the writ. (Provide details, including the name of the agency serving the order to withhold income, the date the order was served on you and the amount to be withheld. If you employ the Debtor, you must still complete Part II of this response.)
 ______________________
 ______________________
 ______________________
 ______________________
 __ I have received notice of a challenge to the garnishment. I will deliver to the court administrator all money that I would otherwise deliver to the Garnishor. (See Step 3 of Instructions to Garnishee form.)
 __ Other (Explain)
 ______________________
 ______________________
 ______________________
 ______________________
 ______________________________________________________________________________
 PART II: DEBTOR’S EMPLOYER
 (GARNISHEES WHO EMPLOY THE
 DEBTOR MUST FILL OUT THIS
 PORTION OF THE RESPONSE)
 Place a check in front of all the following statements that apply. You may need to check more than one statement.
 NOTE: THE LAW PROHIBITS DISCHARGE OF THE DEBTOR FROM EMPLOYMENT BY REASON OF GARNISHMENT.
 __ I employ the Debtor. The Debtor is paid on a _____ basis (insert "weekly," "monthly" or other pay period). Wages will next be payable to the Debtor on the ___ day of_____, 2__. I will complete a Wage Exemption Calculation form for each payment of wages that is made during the 90-day period immediately following the date that the writ of garnishment was delivered to me. I will also complete a Wage Exemption Calculation form for the payday immediately following the end of the 90-day period. I will forward to the Garnishor on each of these occasions those wages calculated to be subject to garnishment, or enough of those wages to satisfy the garnishment.
 __ I had already received a writ of garnishment from another Garnishor before this writ was delivered to me. Under Oregon law, the previous writ has priority. The previous writ will terminate on the ___ day of_____, 2__.
 ______________________________________________________________________________
 I hereby certify that I have fully and accurately completed this garnishee response.
 Dated_____, 2__
 Name of Garnishee
 Signature
 Telephone number _______________
 Fax number (if available) ___________
 Address
 ______________________________________________________________________________ [2001 c.249 §61; 2003 c.85 §18; 2003 c.576 §75; 2005 c.542 §66; 2009 c.430 §8]
 Section 18.838 - Instructions to garnishee form.
 ______________________________________________________________________________
 INSTRUCTIONS TO GARNISHEE
 Except as specifically provided in these instructions,
 you must complete and deliver the Garnishee Response within seven calendar days after you receive the writ of garnishment.
 If the writ does not comply with Oregon law, the writ is not effective to garnish any property of the Debtor, but you still must complete and deliver the Garnishee Response. You must complete and deliver the response even though you cannot determine from the writ whether you hold any property or owe any debt to the Debtor. If the seventh calendar day is a Saturday, Sunday or legal holiday, you must deliver your response on or before the next following day that is not a Saturday, Sunday or legal holiday.
 The writ is not effective, and you need not make a Garnishee Response, if:
 • You do not receive the writ within 60 days after the date of issuance shown on the face of the writ.
 • You do not receive an original writ of garnishment or a copy of the writ.
 Statutes that may affect your rights and duties under the writ can be found in ORS 18.600 to 18.850.
 NOTE: The Garnishor may be the Creditor, the attorney for the Creditor or some other person who is authorized by law to issue the writ of garnishment. See the writ to determine who the Garnishor is.
 STEP 1. FILL OUT THE GARNISHEE RESPONSE.
 All garnishees who are required to deliver a garnishee response must fill in Part I of the Garnishee Response. Garnishees who employ the Debtor must also fill in Part II of the response. You should keep a copy of the response for your records.
 Completing Part I of the Garnishee Response.
 If you discover before you deliver your response that a bankruptcy petition has been filed by or on behalf of the Debtor, and the bankruptcy petition was filed after a judgment was entered against the Debtor or after the debt otherwise became subject to garnishment (see the date specified in the writ), you must put a check by the appropriate statement in Part I. If a bankruptcy petition has been filed, you should not make any payments to the Garnishor unless the court orders otherwise. You need not complete any other part of the response, but you still must sign the response and deliver it in the manner described in Step 2 of these instructions.
 In all other cases you must list in Part I all money and personal property of the Debtor that is in your possession, control or custody at the time of delivery of the writ. You must also list all debts that you owe to the Debtor, whether or not those debts are currently due (e.g., money loaned to you by the Debtor that is to be repaid at a later time).
 If you are the employer of the Debtor at the time the writ is delivered to you, you must put a check by the appropriate statement in Part I. In addition, you must complete Part II of the response.
 If you believe that you may hold property of the Debtor or that you owe a debt to the Debtor, but you are not sure, you must put a check by the appropriate statement and provide an explanation. When you find out what property you hold that belongs to the Debtor, or you find out whether you owe money to the Debtor and how much, you must prepare and deliver an amended response. You must do this even if you find out that you have no property of the Debtor or that you do not owe anything to the Debtor.
 If you determine that the writ, on its face, does not comply with Oregon laws governing writs of garnishment, or if you are unable to determine the identity of the Debtor from the information in the writ, then the writ is not effective to garnish any property of the Debtor. You must put a check by the appropriate statement in Part I and provide an explanation. You still must complete the response and deliver the response in the manner described in Step 2 of these instructions.
 If you have received an order to withhold income that applies to the income of the Debtor and that order has priority over the garnishment, and if compliance with the order will reduce or eliminate the money or property that you would otherwise deliver under the garnishment, you must put a check by the appropriate statement in Part I. You still must fill out the remainder of the response and deliver the response in the manner described in Step 2 of these instructions. If you employ the Debtor, you still must complete Part II of the response.
 If you receive notice of a challenge to the garnishment before you send your response, you must complete and deliver your response as otherwise required by these instructions. However, see Step 3 of these instructions regarding payment of money or delivery of property after receipt of notice of a challenge to the garnishment.
 If you owe a debt to the Debtor and the Debtor owes a debt to the holder of an underlying lien on your property, you may be able to offset the amount payable to the underlying lienholder. See ORS 18.620. You must note that you have made the offset in Part I of the response (under "Other") and specify the amount that was offset.
 Completing Part II of the Garnishee Response (employers only).
 You must fill in Part II of the response if you employ the Debtor on the date the writ of garnishment is delivered to you, or if you previously employed the Debtor and still owe wages to the Debtor on the date the writ is delivered to you.
 Wages affected.
 Except as provided below, the writ garnishes all wages that you owe to the Debtor for work performed before the date you received the writ, even though the wages will not be paid until a later date. The writ also garnishes all wages that are attributable to services performed during the 90-day period following the date you received the writ, even though you would not pay the Debtor for all or part of those services until after the end of the 90-day period. Wages subject to garnishment under the writ include all amounts paid by you as an employer, whether on an hourly, weekly or monthly basis, and include commission payments and bonuses.
 Example 1:
 Debtor A is employed by you and is paid a monthly salary on the first day of each month. You receive a writ of garnishment on July 17. The writ garnishes all wages that you owe to Debtor A for work performed on or before July 17. If Debtor A was paid on July 1 for services performed in the month of June, the writ garnishes Debtor A’s salary for the period beginning July 1 and ending October 15 (90 days after receipt of the writ).
 The writ does not garnish any wages you owe to a Debtor for a specific pay period if:
 (a) The writ is delivered to you within two business days before the Debtor’s normal payday for the pay period;
 (b) When the writ is delivered to you, the Debtor’s wages are paid by direct deposit to a financial institution, or you use an independent contractor as payroll administrator for your payroll; and
 (c) Before the writ was delivered to you, you issued instructions to the financial institution or the payroll administrator to pay the Debtor for the pay period.
 If any wages are not garnishable by reason of the issuance of instructions to a financial institution or a payroll administrator as described above, you must so note in the Garnishee Response. Thereafter, you must pay to the Garnishor all wages that are subject to garnishment that are attributable to services performed by the Debtor during the 90-day period following the date you received the writ.
 Calculation of wages subject to garnishment.
 A Wage Exemption Calculation form is attached to the writ of garnishment. You must use this form to calculate the amount of the Debtor’s wages that is subject to garnishment. You should read the instructions printed on the Wage Exemption Calculation form to determine the normal wage exemption and the minimum wage exemption for each payment you make under the writ.
 A Wage Exemption Calculation form must be sent with the first payment you make under the writ. For the 90-day period during which the writ is effective, you must also fill out and return a Wage Exemption Calculation form with a subsequent payment any time the initial calculation changes. Finally, you must fill out and return a Wage Exemption Calculation form with the final payment that you make under the writ.
 Payment of amount subject to garnishment.
 Payments under the writ must be made at the following times, unless the amount owing on the judgment or other debt is fully paid before the final payment is made or the writ is released:
 (a) You must make a payment to the Garnishor of all wages subject to garnishment at the time you next pay wages to the Debtor. Complete the wage exemption computation, using the Wage Exemption Calculation form, to determine the portion of the Debtor’s wages that is subject to garnishment. Be sure to adjust the minimum exemption amount for any payment that covers less than a full pay period. You must include a copy of the Wage Exemption Calculation form with this first payment.
 Example 2:
 Using the facts given in Example 1, when you next make any payment of wages to Debtor A after you receive the writ on July 17, you must complete the Wage Exemption Calculation form and send the form to the Garnishor along with all amounts determined to be subject to garnishment that are attributable to the period covered by the payment. If you pay Debtor A on August 1, the payment will be for all wages attributable to the period beginning July 1 and ending July 31.
 (b) Unless the writ of garnishment is satisfied or released, during the 90-day period following the date you received the writ, you must pay to the Garnishor all wages that are determined to be subject to garnishment whenever you issue a paycheck to the Debtor. If the Debtor is paid on a weekly basis, you must make payment under the writ on a weekly basis. If the Debtor is paid on a monthly basis, you must make payment under the writ on a monthly basis. If the amount paid to the Debtor varies from paycheck to paycheck, or changes at any time from the amount being paid at the time the writ was delivered to you, you must perform a new wage exemption computation to determine the amount of wages subject to garnishment under the writ. You must send a copy of the new Wage Exemption Calculation form with your payment to the Garnishor.
 Example 3:
 Using the facts given above, as you make each subsequent payment of wages to Debtor A you must make a payment of that portion of the Debtor’s wages that are subject to garnishment. If you continue to pay Debtor A on the first of each month, payments must be made on September 1 and October 1.
 (c) Upon the expiration of the 90-day period, you must make a final payment to the Garnishor for all wages that were owing to the Debtor for the work performed by the Debtor through the 90th day following your receipt of the writ. This payment may be made at the time of the Debtor’s next paycheck. You will need to complete another Wage Exemption Calculation form to determine the amount of the wages subject to garnishment.
 Example 4:
 Using the facts given above, you must make a final payment for the wages owing to Debtor A for the period beginning October 1 and ending October 15. You may make this payment at the time you issue Debtor A’s paycheck on November 1, but you must make the payment at any time you issue a paycheck to Debtor A after October 15. Be sure that in completing the wage exemption computation for the final payment you adjust the minimum exemption amount to take into account the fact that the period covered is only 15 days of the full month (see instructions on Wage Exemption Calculation form).
 Processing fee.
 You may collect a $2 processing fee for each week of wages, or fraction of a week of wages, for which a payment is made under the writ. The fee must be collected after you make the last payment under the writ. The fee must be withheld from the wages of the debtor, and is in addition to the amounts withheld for payment to the garnishor under the writ or under any other writ you have received.
 If you receive more than one writ of garnishment.
 If you receive a second writ of garnishment for the same Debtor from another Garnishor, the first writ will have priority for wages. The priority of the first writ lasts for the 90-day period following delivery of that writ to you, or until the first writ is paid in full, whichever comes first. In your response to the second writ, you must put a check by the appropriate statement in Part II and indicate the date on which the first writ will expire (90 days after the date you received the writ). You should make no payments under the second writ until expiration of the first writ. The expiration date of the second writ is 90 days after the date you received the second writ; the expiration date is not affected by any delay in payment attributable to the priority of the first writ.
 STEP 2. DELIVER THE GARNISHEE RESPONSE.
 You must deliver your Garnishee Response and copies of the response in the manner provided in this step. The response and copies may be mailed or delivered personally.
 You must complete and deliver the Garnishee Response within seven calendar days after you receive the writ of garnishment. If the seventh calendar day is a Saturday, Sunday or legal holiday, you must deliver your response on or before the next following day that is not a Saturday, Sunday or legal holiday.
 If you are required to hold any property under the writ or make any payment under the writ, either at the time of making your response or later, you must:
 (a) Send the
 original
 of your Garnishee Response to the Garnishor at the address indicated on the writ under Important Addresses.
 (b) Send a
 copy
 of your Garnishee Response to the court administrator at the address indicated on the writ under Important Addresses.
 (c) Send a
 copy
 of your Garnishee Response to the Debtor if an address is indicated on the writ under Important Addresses.
 If you are
 not
 required to hold any property under the writ or make any payment under the writ, either at the time of making your response or later, you must:
 (a) Send the
 original
 of your Garnishee Response to the Garnishor at the address indicated on the writ under Important Addresses.
 (b) Send a
 copy
 of your Garnishee Response to the Debtor if an address is indicated on the writ under Important Addresses.
 STEP 3. DELIVER THE FUNDS OR OTHER PROPERTY.
 As long as the writ is in effect, you may be liable to the Creditor if you pay any debt or turn over any property to the Debtor except as specifically allowed by law. If you have any money or property of the Debtor in your possession, control or custody at the time of delivery of the writ, or owe any debt to the Debtor, you must pay the money or hold the property as required by this step. Exceptions to this requirement are listed below.
 IF YOU ARE HOLDING MONEY FOR THE DEBTOR OR OWE A DEBT THAT IS CURRENTLY DUE, you must pay the money to the Garnishor with your response. You must send your payment to the Garnishor at the address indicated on the writ under Important Addresses. Make your check payable to the Garnishor.
 IF YOU OWE A DEBT TO THE DEBTOR THAT WILL BECOME DUE WITHIN 45 DAYS AFTER THE DATE YOU RECEIVED THE WRIT, you must send your payment directly to the Garnishor at the address provided in the writ when the debt becomes due. Make your check payable to the Garnishor.
 IF YOU ARE HOLDING PROPERTY THAT BELONGS TO THE DEBTOR, OR OWE A DEBT TO THE DEBTOR THAT WILL NOT BECOME DUE WITHIN 45 DAYS AFTER THE DATE YOU RECEIVED THE WRIT, you must keep the property or debt in your possession, control or custody until you receive written notice from the Sheriff. The Sheriff’s notice will tell you what to do with the property or debt. If you have followed all of the instructions in the writ and you receive no notice from the Sheriff within 30 days after the date on which you delivered your Garnishee Response, you may treat the writ as being of no further force or effect.
 EXCEPTIONS:
 1. Challenge to garnishment or specific directions from court.
 If you are making any payments under the garnishment and before making a payment you receive notice of a challenge to the garnishment from the court, or receive a specific direction from the court to make payments to the court, you must send or deliver the payment directly to the court administrator. If the money is currently due when you receive the notice, send the payment promptly to the court. If the payment is for a debt that is payable within 45 days after you receive the writ, make the payment to the court promptly when it becomes due. If you make payment by check, make the check
 payable to the State of Oregon.
 Because you may be liable for any payment that does not reach the court, it is better not to send cash by mail.
 A challenge to the garnishment does not affect your duty to follow the instructions you receive from the Sheriff for property that belongs to the Debtor and debts that you owe to the Debtor that do not become due within 45 days.
 2. Previous writ of garnishment.
 If you receive a second writ of garnishment for the same Debtor from another Garnishor, the first writ will have priority and you need not make payments or deliver property under the second writ to the extent that compliance with the first writ will reduce or eliminate the payment of money or delivery of property that you would otherwise make under the garnishment. You must still deliver a Garnishee Response to the second writ, and must commence payment under the second writ as soon as the first writ is satisfied or expires.
 3. Offset for payment of underlying lien.
 If you owe a debt to the Debtor and the Debtor owes a debt to the holder of an underlying lien on your property, you may be able to offset the amount payable to the underlying lienholder. See ORS 18.620.
 4. Subsequent events:
 (a) Bankruptcy. If you make your response and then discover that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor after the judgment was entered against the Debtor or after the debt otherwise became subject to garnishment (see date in writ), you may not make any further payments or delivery of property under the writ unless the court orders otherwise. If you have not delivered all property that is subject to garnishment under this writ when you discover that a bankruptcy petition has been filed, you must mail the following notice to the Garnishor and to the Debtor.
 (b) Order to withhold income. If you make your response and then receive an order to withhold income that has priority over the writ, you may make payments or deliver property under the writ only after payment of the amounts required under the order to withhold income. If you have not delivered all property that is subject to garnishment under this writ when you receive an order to withhold income that has priority, you must mail the following notice to the Garnishor and to the Debtor.
 ______________________________________________________________________________
 SUPPLEMENTAL GARNISHEE
 RESPONSE
 TO: The Garnishor and the Debtor
 RE: Writ of garnishment received_____, 2__ (date), in the case of ________ (Plaintiff) vs. ________(Defendant), Circuit Court of ______County, Oregon, Case No._____.
 The undersigned Garnishee furnished a Garnishee Response to this writ of garnishment on_____, 2__ (date). Since that time (check appropriate statement):
 __ I have discovered that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor after the judgment was entered against the Debtor or after the debt otherwise became subject to garnishment.
 __ I have received an order to withhold income of the Debtor by reason of a support obligation. Under ORS 25.375, the order to withhold income has priority over any other legal process under Oregon law against the same income. The withholding of income pursuant to the order to withhold income might reduce or eliminate subsequent payments under the garnishment. (Provide details, including the name of the agency serving the order to withhold, the date the order was served on you and the amounts to be withheld.)
 Dated_____, 2__
 Name of Garnishee
 Signature
 Address
 ______________________________________________________________________________
 SPECIAL INSTRUCTIONS FOR BANKS
 AND OTHER FINANCIAL INSTITUTIONS
 Unless a Notice of Right to Garnish Federal Benefits from the United States Government or from a state child support enforcement agency is attached to or included in the garnishment, you must conduct a garnishment account review for each account that you hold for the debtor. If a Notice of Right to Garnish Federal Benefits from the United States Government or from a state child support enforcement agency is attached to or included in the garnishment, you should not conduct a garnishment account review, and should proceed upon the garnishment in the normal manner.
 If you hold an account for the debtor, and any of the payments listed below has been deposited in the account by direct deposit or electronic payment during the lookback period described in ORS 18.784 (2) (the period that begins on the date preceding the date of your garnishment account review and that ends on the corresponding date of the month two months earlier, or on the last day of the month two months earlier if the corresponding date does not exist), an amount equal to the lesser of the sum of those payments or the total balance in the debtor’s account is not subject to garnishment, and you may not deliver that amount to the garnishor:
 (a) Federal benefit payments as defined in ORS 18.600 (payments from the United States Social Security Administration, the United States Department of Veterans Affairs, the United States Office of Personnel Management or the Railroad Retirement Board);
 (b) Payments from a public or private retirement plan as defined in ORS 18.358;
 (c) Public assistance or medical assistance, as defined in ORS 414.025, payments from the State of Oregon or an agency of the State of Oregon;
 (d) Unemployment compensation payments from the State of Oregon or an agency of the State of Oregon;
 (e) Black lung benefits payments from the United States Department of Labor; and
 (f) Workers’ compensation payments from a workers’ compensation carrier.
 If the Garnishor fails to pay the search fee required by ORS 18.790 and you do not employ the Debtor, you are not required to deliver a Garnishee Response and you may deal with any property of the Debtor as though the garnishment had not been issued.
 If the Debtor owes a debt to you that was due at the time you received the writ of garnishment, you may be able to offset the amount of that debt. See ORS 18.795. You must note that you have made the offset in Part I of the Garnishee Response (under "Other") and specify the amount that was offset.
 Before making a payment under the writ, you may first deduct any processing fee that you are allowed under ORS 18.790. If you are required to conduct a garnishment account review, you may not charge or collect a processing fee against any amount that is not subject to garnishment, and may not charge or collect a garnishment processing fee against any amounts in the account after the date that you conduct the review.
 You need not deliver any property contained in a safe deposit box unless the Garnishor pays you in advance for the costs that will be incurred in gaining entry to the box. See ORS 18.792.
 If you are required to conduct a garnishment account review and you determine from the review that one or more of the payments listed in ORS 18.784 (3) have been deposited into the debtor’s account by direct deposit or electronic payment during the lookback period described in ORS 18.784 (2), and that there is a positive balance in the account, you must issue a notice to the account holder in substantially the form set forth in ORS 18.847. The notice must be issued directly to the account holder or to a fiduciary who administers the account and receives communications on behalf of the account holder. The notice must be sent separately to the account holder and may not be included with other materials being provided to the account holder that do not relate to the garnishment. You must send the notice to the account holder within three business days after you complete the garnishment account review. You may issue one notice with information related to multiple accounts of a single account holder.
 ______________________________________________________________________________ [2001 c.249 §62; 2003 c.85 §19; 2003 c.576 §76; 2003 c.779 §4; 2007 c.496 §3; 2009 c.430 §9; 2009 c.529 §2; 2011 c.733 §8; 2013 c.688 §5]
 Section 18.840 - Wage exemption calculation form.
 ______________________________________________________________________________
 WAGE EXEMPTION CALCULATION
 (to be filled out by
 employers only
 )
 1. Debtor’s gross wages
 for period covered by this
 payment............................................................... $ ___
 2. Total amount required to be
 withheld by law for amount in Line 1
 (Federal and state
 withholding, Social
 Security, etc.)................................................ $ ___
 3. Debtor’s disposable wages
 (Subtract Line 2
 from Line 1).................................................. $ ___
 4. Normal exemption
 (Enter 75 percent
 of Line 3)....................................................... $ ___
 5. Minimum exemption (check one)
 __ $218 (payment of wages weekly)
 __ $435 (payment of wages every
 two weeks)
 __ $468 (payment of wages half-monthly)
 __ $936 (payment of wages monthly)
 __ $___ (Any other period longer
 than one week, including partial
 payments for less than full pay
 period) (Multiply $218 by number
 of weeks or fraction of a week)
 6. Wages exempt from garnishment
 (Line 4 or 5,
 whichever is greater)..................................... $ ___
 7. Nonexempt wages
 (Subtract Line 6
 from Line 3).................................................. $ ___
 8. Amount withheld for this pay period
 pursuant to a support order under
 support withholding process or under
 another writ with priority.................................... $ ___
 9. Wages subject to garnishment
 (Subtract Line 8
 from Line 7).................................................. $ ___
 INSTRUCTIONS FOR WAGE
 EXEMPTION CALCULATION FORM
 If you employ the Debtor named in the writ of garnishment, you must fill out and return this Wage Exemption Calculation form. A Wage Exemption Calculation form must be sent with the first payment you make under the writ. For the 90-day period during which the writ is effective, you must also fill out and return a Wage Exemption Calculation form with a subsequent payment any time the initial calculation changes. Finally, you must fill out and return a Wage Exemption Calculation form with the final payment that you make under the writ.
 Normal wage exemption.
 The wage exemption calculation is based on the amount of the payment you make under the writ of garnishment. The normal wage exemption in Line 4 is 75 percent of the employee’s disposable wages in Line 3.
 Minimum wage exemption.
 The minimum exemption in Line 5 is also based on the amount of the payment you are making. The minimum exemption is designed to ensure that an employee receives at least a certain minimum amount in any one-week period. If the payment is for a one-week period (without regard to whether the period is a calendar week or any other seven-day period), the minimum exemption is $218. The minimum exemption is $435 if the payment is for a two-week period. If the payment is for one-half of one month (i.e., the Debtor is paid twice each month), the minimum exemption is $468. The minimum exemption for a monthly payment is $936.
 If the payment you are making is based on some period of time other than one week, two weeks, half month or month, and the payment is for more than one week, you must calculate the minimum exemption by multiplying $218 by the number of weeks covered by the paycheck, including any fraction of a week. You should round the amount calculated to the nearest dollar.
 Example 1:
 You pay Debtor A every 10 days. Each 10-day period is equal to 1.429 weeks (10 divided by 7). The minimum exemption is $312 ($218 ́ 1.429 rounded to the nearest dollar).
 You
 must
 use this same calculation for computing the minimum exemption when making a payment for less than a full pay period (e.g., for the final payment at the end of the 90-day period covered by the writ).
 Example 2:
 You pay Debtor A on a monthly basis. You are required to make a final payment under a writ of garnishment for the wages owing to Debtor A for the period beginning October 1 and ending October 15. This period is equal to 2.143 weeks (15 divided by 7). The minimum exemption is $467 ($218 ́ 2.143 rounded to the nearest dollar).
 The amount of time actually worked by the Debtor during the period covered by the paycheck does
 not
 affect the calculation of the minimum exemption.
 Example 3:
 You pay Debtor A on a weekly basis. Debtor A works two days per week. The minimum exemption is $218 for each weekly payment you make for Debtor A.
 If the payment you are making is based on a period of time less than one week, the minimum wage exemption may not exceed $218 for any one-week period.
 If you receive more than one writ of garnishment.
 If you receive more than one writ of garnishment for the same debtor, the writs have priority based on the date on which you receive them. If the full amount of wages subject to garnishment for a given pay period is paid on the first writ, you should not make any payment on subsequently received writs until the first writ expires. In some cases, it may be necessary to make payments on two or more writs for the same pay period.
 Example 4.
 You have received two writs of garnishment for Debtor A. You pay Debtor A on a monthly basis. The first writ expires on October 16. The second writ will not expire until November 15. You will need to prepare two wage exemption calculation forms for Debtor A’s October wages and make payments under both writs. The wage exemption calculation form for the first writ will be for the wages attributable to October 1 to October 15 as described in Example 2. The wage exemption calculation form for the second writ will be for all wages for the month of October, but the amounts withheld under the first writ must be subtracted on Line 8 to determine the October wages subject to garnishment under the second writ.
 ______________________________________________________________________________ [2001 c.249 §63; 2003 c.85 §20; 2007 c.496 §§10,15; 2011 c.228 §2]
 Section 18.842 - Release of garnishment form.
 ______________________________________________________________________________
 ________COURT
 COUNTY OF ________
 ______ )
 Plaintiff, ) RELEASE OF
 ) GARNISHMENT
 vs. )
 ) Case No. _____
 )
 ______ )
 Defendant. )
 TO: _______________(Garnishee).
 A writ of garnishment was delivered to you by the Garnishor named below on the ___ day of_____, 2__. The following money or other property that is subject to the writ is hereby released:
 __ All money and property of the Debtor held by you.
 __ The following money or property of the Debtor held by you (provide details):
 ______________________
 ______________________
 The writ of garnishment has no further force or effect with respect to the specified property.
 Dated_____, 2__
 Name of Garnishor
 Signature
 Address
 ______________________________________________________________________________ [2001 c.249 §63a]
 Section 18.845 - Notice of exemptions form; instructions for challenge to garnishment.
 ______________________________________________________________________________
 NOTICE OF EXEMPT PROPERTY
 AND INSTRUCTIONS FOR
 CHALLENGE TO GARNISHMENT
 Property belonging to you may have been taken or held in order to satisfy a debt. The debt may be reflected in a judgment or in a warrant or order issued by a state agency. Important legal papers are enclosed.
 YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY.
 State and federal law specify that certain property may not be taken. Some of the property that you may be able to get back is listed below.
 (1) Wages or a salary as described in ORS 18.375 and 18.385. Whichever of the following amounts is greater:
 (a) 75 percent of your take-home wages; or
 (b) $218 per workweek.
 (2) Social Security benefits.
 (3) Supplemental Security Income (SSI).
 (4) Public assistance (welfare).
 (5) Unemployment benefits.
 (6) Disability benefits (other than SSI benefits).
 (7) Workers’ compensation benefits.
 (8) All Social Security benefits and Supplemental Security Income benefits, and up to $7,500 in exempt wages, retirement benefits, welfare, unemployment benefits and disability benefits, that are held in a bank account. You may attach copies of bank statements to the Challenge to Garnishment form if you claim this exemption.
 (9) Spousal support, child support or separate maintenance to the extent reasonably necessary for your support or the support of any of your dependents.
 (10) A homestead (house, manufactured dwelling or floating home) occupied by you, or occupied by your spouse, parent or child. Up to $40,000 of the value of the homestead is exempt. If you jointly own the homestead with another person who is also liable on the debt, up to $50,000 of the value of the homestead is exempt.
 (11) Proceeds from the sale of a homestead described in item 10, up to the limits described in item 10, if you hold the proceeds for less than one year and intend to use those proceeds to procure another homestead.
 (12) Household goods, furniture, radios, a television set and utensils with a combined value not to exceed $3,000.
 *(13) An automobile, truck, trailer or other vehicle with a value not to exceed $3,000.
 *(14) Tools, implements, apparatus, team, harness or library that are necessary to carry on your occupation, with a combined value not to exceed $5,000.
 *(15) Books, pictures and musical instruments with a combined value not to exceed $600.
 *(16) Wearing apparel, jewelry and other personal items with a combined value not to exceed $1,800.
 (17) Domestic animals and poultry for family use with a combined value not to exceed $1,000 and their food for 60 days.
 (18) Provisions and fuel for your family for 60 days.
 (19) One rifle or shotgun and one pistol. The combined value of all firearms claimed as exempt may not exceed $1,000.
 (20) Public or private pensions.
 (21) Veterans’ benefits and loans.
 (22) Medical assistance benefits.
 (23) Health insurance proceeds and disability proceeds of life insurance policies.
 (24) Cash surrender value of life insurance policies not payable to your estate.
 (25) Federal annuities.
 (26) Other annuities to $250 per month (excess over $250 per month is subject to the same exemption as wages).
 (27) Professionally prescribed health aids for you or any of your dependents.
 *(28) Rental assistance to an elderly person allowed pursuant to ORS 458.375.
 (29) Your right to receive, or property traceable to:
 (a) An award under any crime victim reparation law.
 (b) A payment or payments, not exceeding a total of $10,000, on account of personal bodily injury suffered by you or an individual of whom you are a dependent.
 (c) A payment in compensation of loss of future earnings of you or an individual of whom you are or were a dependent, to the extent reasonably necessary for your support and the support of any of your dependents.
 (30) Amounts paid to you as an earned income tax credit under federal tax law.
 (31) Your right to the assets held in, or right to receive payments under, a medical savings account or health savings account authorized under section 220 or 223 of the Internal Revenue Code.
 *(32) Interest in personal property to the value of $400, but this cannot be used to increase the amount of any other exemption.
 (33) Equitable interests in property.
 (34) Security deposits or prepaid rent held by a residential landlord under ORS 90.300.
 (35) If the amount shown as owing on the Debt Calculation form exceeds the amount you actually owe to the creditor, the difference between the amount owed and the amount shown on the Debt Calculation form.
 Note: If two or more people in your household owe the claim or judgment, each of them may claim the exemptions marked by an asterisk (*).
 ______________________________________________________________________________
 SPECIAL RULES APPLY FOR DEBTS THAT ARE OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that may not otherwise be taken for payment against the debt may be taken to pay for overdue support. For instance, Social Security benefits, workers’ compensation benefits, unemployment benefits, veterans’ benefits and pensions are normally exempt, but only 50 percent of a lump sum payment of these benefits is exempt if the debt is owed for a support obligation.
 YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY BACK. You may seek to reclaim your exempt property by doing the following:
 (1) Fill out the Challenge to Garnishment form that you received with this notice.
 (2) Mail or deliver the Challenge to Garnishment form to the court administrator at the address shown on the writ of garnishment, and mail or deliver a copy of the form to the Garnishor at the address shown on the writ of garnishment. If you wish to claim wages or salary as exempt, you must mail or deliver the form within 120 days after you receive this notice. If you wish to claim that any other money or property is exempt, or claim that the property is not subject to garnishment, you must mail or deliver the form within 30 days after you receive this notice. You have the burden of showing that your challenge is made on time, so you should keep records showing when the challenge was mailed or delivered.
 (3) The law only requires that the Garnishor hold the garnished money or property for 10 days before applying it to the Creditor’s use. You may be able to keep the property from being used by the Creditor by promptly following (1) and (2) above.
 You should be prepared to explain your exemption in court. If you have any questions about the garnishment or the debt, you should see an attorney.
 YOU MAY USE THE CHALLENGE TO GARNISHMENT FORM
 ONLY
 FOR THE FOLLOWING PURPOSES:
 (1) To claim such exemptions from garnishment as are permitted by law.
 (2) To assert that property is not garnishable property under ORS 18.618.
 (3) To assert that the amount specified in the writ of garnishment as being subject to garnishment is greater than the total amount owed.
 YOU MAY
 NOT
 USE THE CHALLENGE TO GARNISHMENT FORM TO CHALLENGE THE VALIDITY OF THE DEBT.
 IF YOU FILE A CHALLENGE TO A GARNISHMENT IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE. Penalties that you could be subject to are listed in ORS 18.715.
 When you file a Challenge to Garnishment form, the Garnishee may be required to make all payments under the garnishment to the court, and the Garnishor may be required to pay to the court all amounts received by the Garnishor that are subject to the challenge to the garnishment. The Garnishee and Garnishor are subject to penalties if they do not. For a complete explanation of their responsibilities, see ORS 18.705 and 18.708.
 ______________________________________________________________________________ [2001 c.249 §64; 2001 c.538 §2a; 2003 c.79 §2; 2003 c.85 §21; 2003 c.576 §77; 2005 c.391 §2; 2005 c.456 §6; 2005 c.568 §25b; 2007 c.71 §6; 2007 c.496 §§11,16; 2009 c.430 §10; 2009 c.612 §6; 2011 c.93 §2; 2011 c.228 §3; 2011 c.317 §6; 2013 c.597 §2; 2015 c.348 §24]
 Section 18.847 - Notice to debtor of garnishment account review.
 ______________________________________________________________________________
 ______________________
 ______________________
 ______________________
 IMPORTANT INFORMATION ABOUT
 YOUR ACCOUNT
 Date: _________
 Notice to: _________
 Account Number: _________
 Why am I receiving this notice?
 On _____ [date on which garnishment order was served], ______[name of financial institution] received a garnishment order from a court to garnish funds in your account. The amount of the garnishment order was for $_____ [amount of garnishment order]. We are sending you this notice to let you know what we have done in response to the garnishment order.
 What is garnishment?
 Garnishment is a legal process that allows a creditor to remove funds from your bank/credit union account to satisfy a debt that you have not paid. In other words, if you owe money to a person or company, they can obtain a court order directing your bank/credit union to take money out of your account to pay off your debt. If this happens, you cannot use that money in your account.
 What has happened to my account?
 On _________ [date of account review], we researched your account and identified that one or more payments identified by ORS 18.784 (1) have been deposited in the last two months (see below for a list of qualifying payments). In most cases, these payments are protected from garnishment. As required by state and federal regulations, therefore, we have established a "protected amount" of funds that will remain available to you and that will not be frozen or removed from your account in response to the garnishment order.
 (Conditional paragraph if funds have been frozen)
 ___ (check if applicable) Your account contained additional money that may not be protected from garnishment. As required by law, we have placed a hold on or removed these funds in the amount of $______ [amount frozen] and may have to turn these funds over to your creditor as directed by the garnishment order.
 The chart below summarizes this information about your account(s):
 ACCOUNT SUMMARY AS OF ______ [DATE OF ACCOUNT REVIEW]
 Amount
 Account in Amount
 Number Account Protected
 _____ _____ _____
 _____ _____ _____
 Amount
 Subject to
 Garnish-
 ment (now Garnish-
 frozen/ ment Fee
 removed) Charged
 _____ _____
 _____ _____
 Please note that these amount(s) may be affected by deposits or withdrawals after the protected amount was calculated on _________ (date of garnishment account review).
 Do I need to do anything to access my protected funds?
 You may use the protected amount of money in your account as you normally would.
 There is nothing else you need to do to make sure that the protected amount is safe.
 Who garnished my account?
 The creditor who obtained a garnishment order against you is _________ (name of creditor).
 What types of benefit payments are protected from garnishment?
 In most cases, you have protections from garnishment if the funds in your account include one or more of the following benefit payments:
 • Social Security benefits
 • Supplemental Security Income benefits
 • Veterans’ benefits
 • Railroad retirement benefits
 • Railroad Unemployment Insurance benefits
 • Civil Service Retirement System benefits
 • Federal Employees Retirement System benefits
 • Payments from a public or private retirement plan as defined in ORS 18.358
 • Public assistance or medical assistance, as defined in ORS 414.025, from the State of Oregon or an agency of the State of Oregon
 • Unemployment compensation payments from the State of Oregon or an agency of the State of Oregon
 • Black lung benefits payments from the United States Department of Labor
 • Workers’ compensation payments from a workers’ compensation carrier
 What should I do if I think that additional funds in my account are from protected benefit payments?
 If you believe that funds in your account(s) should not have been frozen or removed, there are several things you can do:
 You can fill out a Challenge to Garnishment form and submit it to the court.
 You may contact the creditor that garnished your account and explain that funds are from protected benefit payments and should be released to you. The creditor may be contacted at _________ (address of creditor).
 You may consult an attorney to help you prove to the creditor that garnished your account that additional funds are from protected benefit payments and cannot be taken. For information about how to find an attorney, contact the Oregon State Bar’s Lawyer Referral Service at (800) 452-7636 or go online to www.oregonlawhelp.org.
 This notice contains all the information that we have about the garnishment order. However, if you have a question about your account, you may contact us at _________ (telephone number of financial institution).
 ______________________________________________________________________________ [2011 c.733 §10; 2013 c.688 §6]
 Section 18.850 - Challenge to garnishment form.
 ______________________________________________________________________________
 ________COURT
 COUNTY OF ________
 ______ ) CHALLENGE TO
 Plaintiff, ) GARNISHMENT
 )
 vs. ) Case No. _____
 )
 ______ )
 Defendant. )
 THIS FORM MAY BE USED BY THE DEBTOR
 ONLY
 FOR THE FOLLOWING PURPOSES:
 (1) To claim such exemptions from garnishment as are permitted by law.
 (2) To assert that property is not garnishable property under ORS 18.618.
 (3) To assert that the amount specified in the writ of garnishment as being subject to garnishment is greater than the total amount owed.
 THIS FORM MAY BE USED BY PERSONS OTHER THAN THE DEBTOR
 ONLY
 TO CLAIM AN INTEREST IN THE PROPERTY THAT IS GARNISHED.
 THIS FORM MAY
 NOT
 BE USED TO CHALLENGE THE VALIDITY OF THE DEBT.
 I/We claim that the following described property or money is exempt from execution or is not subject to garnishment:
 ______________________________________________________________________________
 ______________________________________________________________________________
 I/We believe this property is exempt from or not subject to garnishment because (the Notice of Exempt Property that you received lists most types of property that you can claim as exempt from or not subject to garnishment):
 ______________________________________________________________________________
 ______________________________________________________________________________
 I/We claim that the total amount owed is:
 ______________________________________________________________________________
 ______________________________________________________________________________
 I am a person other than the Debtor and I have the following interest in the property:
 ______________________________________________________________________________
 ______________________________________________________________________________
 Name______ Name ______
 Signature______ Signature ______
 Address______ Address ______
 ____________ ____________
 Telephone Telephone
 Number______ Number ______
 TO BE COMPLETED BY GARNISHOR:
 Name of Garnishor ____________
 Address of Garnishor ____________
 ___________________________
 Name of Garnishee ____________
 Address of Garnishee ____________
 ___________________________
 ______________________________________________________________________________ [2001 c.249 §65; 2003 c.85 §22]
 Section 18.854 - Notices of garnishment generally.
 (a) A notice of garnishment;
 (b) A warrant, or a true copy of a warrant;
 (c) The items specified in ORS 18.650 (1)(b) to (d); and
 (d) Any garnishee’s search fee payable as provided in ORS 18.790.
 (2) A notice of garnishment may be issued by any person designated by the state agency or by the county tax collector. A warrant need not be recorded in the County Clerk Lien Record as a condition of issuing a notice of garnishment under the provisions of this section. The provisions of ORS 18.800 do not apply to a notice of garnishment.
 (3) If any of the items described in subsection (1) of this section are not delivered to the garnishee, a notice of garnishment shall not be effective to garnish any property of the debtor, and the garnishee shall not be required to respond to the garnishment and may proceed to deal with any property of the debtor as though the notice of garnishment had not been issued.
 (4)(a) Notwithstanding ORS 18.652, but subject to paragraph (c) of this subsection, a notice of garnishment and the other items required by subsection (1) of this section may be delivered in person to the garnishee by any employee of the state agency or of the county tax collector who is authorized by the agency or the county to deliver the notice of garnishment, may be mailed to the garnishee by first class or certified mail or may be sent to the garnishee by other means if the garnishee has agreed to a different delivery method.
 (b) An employee who delivers documents under paragraph (a) of this subsection need not be covered by the errors and omissions insurance required in ORS 18.652.
 (c) A state agency or a county may not seek sanctions against a noncomplying garnishee under ORS 18.775 unless the notice of garnishment and the other items required by subsection (1) of this section are personally delivered to the garnishee under paragraph (a) of this subsection or mailed to the garnishee by certified mail.
 (5) Notwithstanding any provision of ORS 18.600 to 18.850, a debt calculation form need not be prepared or delivered for any notice of garnishment.
 (6) Notwithstanding ORS 18.792, the duty of a garnishee to deliver any property of the debtor that may be contained in a safe deposit box that is in the garnishee’s possession, control or custody at the time of delivery of the notice of garnishment to the garnishee is conditioned upon the state agency or the county tax collector first paying to the garnishee, in addition to the search fee provided for in ORS 18.790, all reasonable costs incurred by the garnishee in gaining entry to the safe deposit box. The costs shall be paid to the garnishee by the state agency or the county tax collector at least five days before the date the state agency or the county tax collector takes possession of the property in the safe deposit box. If the state agency or the county tax collector fails to pay such costs to the garnishee within 20 days after the delivery of the garnishee response, the garnishment shall not be effective to garnish any property of the debtor that may be contained in the safe deposit box and the garnishee may proceed to deal with the safe deposit box and its contents as though the notice of garnishment had not been issued. Nothing in this subsection limits the rights of a state agency or county tax collector to reach the contents of any safe deposit box in any manner otherwise provided by law.
 (7) Except as provided in this section and ORS 18.855 and 18.857, all provisions of ORS 18.600 to 18.850 apply to notices of garnishment. The state agency or county tax collector shall modify the forms provided in ORS 18.600 to 18.850 as necessary to allow use of those forms for notices of garnishment. The form of the notice of garnishment must clearly indicate that the document is a notice of garnishment and must reflect the date of all warrants on which the notice of garnishment is based.
 (8) The Attorney General may adopt model forms for notices of garnishment and other documents issued by state agencies and county tax collectors under this section and ORS 18.855 and 18.857. There is a presumption, as described in ORS 40.120, that any state agency or county tax collector that uses a model form adopted by the Attorney General under this subsection has complied with the requirements of ORS 18.600 to 18.850, and with the provisions of this section and ORS 18.855 and 18.857, with respect to the form of notices of garnishment. [Formerly 18.900; 2007 c.27 §3; 2013 c.472 §1; 2015 c.294 §2]
 Note: 18.854 to 18.857 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 18 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 18.855 - Notices of garnishment issued by state agencies.
 (2) State agencies shall make such modifications as are necessary in the wage exemption calculation form provided by ORS 18.840 if a notice of garnishment is issued for a debt due for a state tax that is subject to the provisions of ORS 18.385 (6).
 (3) Notwithstanding ORS 18.625, but subject to ORS 18.618 (2), a notice of garnishment issued by a state agency acts to garnish all wages earned by the debtor by reason of services to the garnishee until the full amount of the debt is paid or until the notice of garnishment is released by the state agency or by court order. A notice of garnishment issued by a state agency must contain language reasonably designed to notify the garnishee of the provisions of this subsection.
 (4) Notwithstanding ORS 18.690, a garnishee who receives a notice of garnishment issued by a state agency need not deliver a copy of the garnishee response to the clerk of the court, but must deliver the original of the response to the state agency.
 (5) Notwithstanding ORS 18.700, a challenge to a notice of garnishment issued by a state agency must be delivered in person or by first class mail to the state agency within the time specified by ORS 18.700 (2). Upon receiving a challenge, the state agency shall provide notice of the challenge in the manner provided by ORS 18.702. Upon a sheriff receiving notice under ORS 18.702, the sheriff shall proceed as provided by ORS 18.760, except that upon determination of the challenge by an administrative law judge, the sheriff shall proceed as directed by the judge. Within 14 days after receiving the challenge, the state agency must either concede the challenge or give the person making the challenge opportunity for hearing. If the person making the challenge requests a hearing, the agency shall immediately refer the challenge to the Office of Administrative Hearings established under ORS 183.605. The hearing shall be conducted as soon as possible. Notwithstanding ORS 183.315, the hearing shall be conducted as a contested case hearing. An issue that was decided in a previous hearing, or for which the debtor was previously afforded an opportunity for hearing, may not be reconsidered.
 (6) If a state agency is issuing a notice of garnishment for collection of a state tax, and the state agency has reason to believe that the debtor intends to leave the state or do any other act that would jeopardize collection of the tax, the state agency may issue a special notice of garnishment. Any earnings, as defined in ORS 18.375, garnished under a special notice of garnishment are not subject to a claim of exemption under ORS 18.385. A special notice of garnishment issued under this subsection garnishes only that property of the debtor that is in the garnishee’s possession, control or custody at the time the special notice is delivered, including debts not yet due, and all wages owed by the garnishee to the debtor at the time the special notice is delivered. A special notice of garnishment does not act to garnish wages earned by the debtor by reason of services rendered to the garnishee after the delivery of the special notice of garnishment.
 (7) A special notice of garnishment issued under subsection (6) of this section shall contain a statement indicating that it is a special notice of garnishment under subsection (6) of this section and a statement reflecting the provisions of subsection (6) of this section. Notwithstanding ORS 18.854 (1), a wage exemption calculation form shall not be delivered to the garnishee with a special notice of garnishment.
 (8) Notwithstanding ORS 18.854 (1)(b), the Department of Revenue is not required to deliver a warrant or true copy of a warrant with the notice of garnishment when garnishing property of a debtor.
 (9) Notwithstanding ORS 18.607 (4), a notice of garnishment issued by the Department of Revenue must include the name of the person issuing the notice on behalf of the department, but need not be signed by that person. [Formerly 18.902; 2007 c.496 §4; 2009 c.835 §7; 2013 c.405 §1; 2015 c.294 §2]
 Note: See note under 18.854.
 Section 18.857 - Notice of garnishment issued by county tax collector.
 (2) At least 15 days before any county tax collector issues a notice of garnishment, the tax collector must mail to the debtor by certified mail, return receipt requested, at the debtor’s last-known address, a notification of all amounts owing to the county, a statement that further collection enforcement actions may be taken by the county to collect those amounts, and a statement that those enforcement actions may include seizing any real property owned by the debtor, imposing a lien against any real property owned by the debtor, or garnishing bank accounts, wages and other property owned by the debtor. Only one such notification shall be required and any number of garnishments may be issued after the notification is mailed.
 (3) Notwithstanding ORS 18.615, a notice of garnishment issued by a county tax collector acts to garnish only that property of the debtor that is in the garnishee’s possession, control or custody at the time the notice is delivered, including debts not yet due, and all wages owed by the garnishee to the debtor at the time the notice is delivered. A notice of garnishment issued by a county tax collector does not act to garnish wages earned by the debtor by reason of services rendered to the garnishee after the delivery of the notice of garnishment.
 (4) Notwithstanding ORS 18.690, a garnishee who receives a notice of garnishment issued by a county tax collector need not deliver a copy of the garnishee response to the clerk of the court, but must deliver the original of the response to the county tax collector.
 (5) Notwithstanding ORS 18.700, a debtor who wishes to make a challenge to a notice of garnishment issued by a county tax collector must deliver the challenge in person or by first class mail to the county tax collector within the time specified by ORS 18.700 (2). Upon receiving a challenge, the county tax collector shall provide notice of the challenge in the manner provided by ORS 18.702. Upon a sheriff receiving notice under ORS 18.702, the sheriff shall proceed as provided in ORS 18.760.
 (6) Within 14 days after receipt of a challenge to a garnishment under subsection (5) of this section, the county tax collector must either:
 (a) Release all property claimed as exempt from or not subject to garnishment under the challenge to the garnishment; or
 (b) File with the clerk of the court a response to the challenge, attaching copies of the notice of garnishment and the garnishee response, and any supporting documentation necessary or helpful to the court in making its determination on the challenge to the garnishment. [Formerly 18.905; 2009 c.835 §8]
 Note: See note under 18.854.
 Section 18.860 - Function of writ.
 (a) Levy on and sell real property of the judgment debtor and deliver the proceeds to the court for application against amounts owing on a money award.
 (b) Levy on and sell personal property of the judgment debtor in the possession of the judgment debtor, and deliver the proceeds to the court for application against amounts owing on a money award.
 (c) Levy on and deliver possession of specific real or personal property pursuant to the terms of the judgment.
 (d) Levy on and sell specific real or personal property pursuant to the terms of the judgment.
 (e) Levy on currency that is in the possession of the judgment debtor and deliver the currency to the court for application against amounts owing on a money award.
 (2) A single writ of execution may be issued for two or more of the purposes specified in this section.
 (3) A single writ of execution may be issued for two or more judgments as long as the judgments are against the same judgment debtor or debtors and are entered in the same case.
 (4) An identification document, such as a driver license, passport, certified copy of a record of live birth or Social Security card, is not subject to execution and a writ of execution may not direct a sheriff to levy on an identification document except for the purpose of delivering the document pursuant to the terms of a judgment under subsection (1)(c) of this section. [2005 c.542 §1; 2007 c.166 §2; 2011 c.195 §2; 2013 c.366 §50]
 Section 18.862 - Form of writ.
 (2) If a judgment requires that specific real or personal property of the judgment debtor be sold, the writ must particularly describe the property and direct the sheriff to sell the specified property. The sheriff shall deliver the proceeds of the sale as provided in ORS 18.950.
 (3) If a judgment requires delivering possession of real or personal property, the writ must direct the sheriff to deliver the possession of the property. The writ must particularly describe the property and specify the party to whom the property is to be delivered.
 (4) Real property identified in accordance with this section must be described using a legal description and a street address, if any. [2005 c.542 §2; 2011 c.195 §6; 2011 c.429 §1; 2015 c.291 §1]
 Section 18.865 - Court administrator to issue writ.
 (2) A court administrator may rely on the information provided by the person seeking issuance of a writ of execution and is not liable for any errors or omissions in that information. [2005 c.542 §3]
 Section 18.867 - Issuance of writs for certain judgments awarding child support.
 (2) The Department of Justice shall adopt an appropriate form for writs of execution under this section. The form must be substantially as set forth for writs of execution described in ORS 18.862. [Formerly 18.472]
 Section 18.868 - Sheriff to whom writ is issued.
 (2) If the writ of execution directs the sheriff to sell or deliver possession of specific real or tangible personal property, the writ must be issued to the sheriff of the county where the property is located.
 (3) If the writ of execution directs the sheriff to sell intangible personal property and deliver the proceeds to the court for application against amounts owing on a money award, the court administrator shall issue the writ to the sheriff for the county in which the court sits.
 (4) More than one writ of execution may be issued at the same time to different sheriffs for the enforcement of a single judgment. If the writ or the instructions to the sheriff direct the sale of a single, contiguous parcel of real property that is located in more than one county, and the judgment creditor has recorded copies of the writ or abstracts of the writ under ORS 18.870 in each county that contains part of the property, the sheriff for any county in which part of the property is located may levy on and sell the entire property. If the sheriff levies on property under this subsection, the sheriff must record a copy of the notice of levy in the County Clerk Lien Record for any county not served by the sheriff. [2005 c.542 §4; 2007 c.166 §6]
 Section 18.870 - Recording of writ.
 Section 18.872 - Return on writ of execution.
 (2) The return on a writ of execution must reflect whether the sheriff levied on any property pursuant to the terms of the writ. If the sheriff did levy on property pursuant to the terms of the writ, the return must reflect the disposition made of the property by the sheriff. If any property was sold, the sheriff shall deliver the net proceeds of the sale to the court administrator with the return as required by ORS 18.950. If currency was levied on, the sheriff shall deliver the currency to the court administrator with the return.
 (3) The return on a writ of execution must reflect the amount of costs of sale claimed by the judgment creditor under ORS 18.950 (2). The judgment creditor must provide the sheriff with a statement of the costs claimed on or before the date of the execution sale.
 (4) The sheriff shall mail a copy of the return by first class mail to the judgment debtor and to the judgment creditor. [2005 c.542 §6]
 Section 18.875 - Instructions to sheriff.
 (a) The names and addresses of the judgment creditor and all debtors to whom notice must be given under ORS 18.888;
 (b) The names and addresses of any other persons to whom notice must be given under ORS 18.918;
 (c) A description of any personal property to be levied on;
 (d) A street address or other description of the place where any tangible personal property may be found;
 (e) A legal description for any real property or interest in real property to be levied on;
 (f) A statement indicating whether any property to be levied on is residential property as defined by ORS 18.901;
 (g) A statement indicating whether any condominium unit, manufactured dwelling or floating home to be levied on is inventory held for sale or lease in the regular course of business; and
 (h) A statement identifying any portion of the property to be levied on that is intangible personal property, and any special instructions required to implement an order entered pursuant to ORS 18.884.
 (2) If instructions to the sheriff direct the sale of tangible personal property, the judgment creditor may request in the instructions that the property not be seized by the sheriff and that the property be secured in the manner provided by ORS 18.880. The instructions may request that the property be rendered temporarily inoperable, and the manner in which the property should be rendered inoperable.
 (3) If a judgment creditor seeks sale of real property under a writ of execution and the real property has a street address, the instructions to the sheriff must include the street address of the real property to be sold. If the real property is residential property that is subject to ORS 18.904, a copy of the court order authorizing the sale, or a copy of the judgment directing sale or foreclosure of the property, must be attached to the instructions.
 (4) In addition to the instructions required by this section, a sheriff may require that a judgment creditor provide all other instructions as may be necessary to allow the sheriff to levy on and to sell or deliver property pursuant to a writ of execution. [2005 c.542 §7; 2007 c.580 §1; 2011 c.195 §8]
 Section 18.878 - Manner of levying on property.
 (a) Filing a notice of levy with the court if real property is to be sold under the writ, or if residential property as described in ORS 18.901 (2), (3) or (4) is to be sold under the writ.
 (b) Seizing any tangible personal property that the sheriff has not been instructed to secure in the manner provided by ORS 18.880.
 (c) Securing any tangible personal property in the manner provided by ORS 18.880 if the sheriff has been instructed to secure the property in that manner.
 (d) Filing a notice of levy with the court in the manner provided by ORS 18.884 if the sheriff has been instructed to sell intangible personal property.
 (e) Securing and delivering possession of property if the writ requires that property be delivered under the writ.
 (2) When a sheriff levies on personal property in any manner described in subsection (1) of this section, the interest of the judgment creditor in the personal property is the same as that of a secured creditor with an interest in the property perfected under ORS chapter 79. [2005 c.542 §8; 2007 c.166 §12]
 Section 18.880 - Alternative procedure for levying on tangible personal property.
 (2) The sheriff shall attach a notice to the property in substantially the following form:
 ______________________________________________________________________________
 NOTICE: This property is to be sold by the sheriff pursuant to a writ of execution. Any person who moves this property from this place without authorization from the sheriff, who damages this property or who uses property that the sheriff has rendered inoperable without authorization from the sheriff, commits a crime and is subject to prosecution. If you have any questions, you should contact the Sheriff of _____ County.
 [ ] If this box has been checked, the sheriff has rendered the property inoperable and the property may not be used by any person without the authorization of the sheriff.
 ______________________________________________________________________________
 (3) A sheriff is not liable to the judgment creditor, to the judgment debtor or to any other person for any loss or damage to property that is secured in the manner provided by this section. [2005 c.542 §9]
 Section 18.882 - Criminal penalty for moving, using or damaging secured property.
 (1) Moves the property without authorization from the sheriff;
 (2) Damages the property; or
 (3) If the sheriff has rendered the property inoperable, uses the property without authorization from the sheriff. [2005 c.542 §10]
 Section 18.884 - Levying on intangible personal property.
 (2) A judgment creditor may seek an ex parte order from the court for the purpose of determining whether property to be levied on is tangible or intangible.
 (3) A judgment creditor may seek an ex parte order from the court directing the manner in which intangible personal property may be secured by the sheriff. The court shall approve the order if the proposed manner of securing the property is reasonable under the circumstances. The judgment creditor must attach a copy of the order to instructions provided to the sheriff under ORS 18.875. The sheriff shall file a notice of levy with the court upon securing the property in the manner directed by the order. [2005 c.542 §11; 2007 c.166 §14]
 Section 18.886 - Creditor’s bond.
 (a) The sheriff has identified a specific person other than the judgment debtor who claims an interest in the property to be levied on; or
 (b) The property is perishable.
 (2) If a sheriff has reasonable doubt as to the ownership of personal property, or if any encumbrances are asserted against the property, the sheriff may require a bond or irrevocable letter of credit as described in subsection (1) of this section before levying on the property unless:
 (a) The judgment creditor delivers to the sheriff a copy of a title document or report for the property issued by a state or federal agency that shows that the judgment debtor is the sole owner of the property; or
 (b) If there is no title document for the property to be levied on, the judgment creditor delivers to the sheriff a record, prepared under ORS 79.0523 (4) by a filing office described in ORS 79.0501, showing that no financing statement or lien, or certificate or notice affecting a lien, is in effect for the property to be levied on.
 (3) The sheriff may not require a bond or irrevocable letter of credit under this section if the writ of execution directs the sale or delivery of specific personal property pursuant to the terms of the judgment.
 (4) A bond or irrevocable letter of credit under this section must be for double the amount of the value of the property to be levied on, as estimated by the sheriff. [2005 c.542 §12; 2007 c.166 §18]
 Section 18.887 - Forcible entry for purpose of levying on personal property.
 (2) A judgment creditor may at any time file an ex parte motion requesting a court order directed to a sheriff that authorizes the sheriff to use force to enter a structure or other enclosure for the purpose of levying on personal property pursuant to a writ of execution. Except as provided in ORS 18.255, the motion must be filed with the court in which the judgment was entered. The motion must identify the specific structure or other enclosure to be entered and must contain a declaration under penalty of perjury made in the manner described by ORCP 1 E, or an unsworn declaration made in the manner described in ORS 194.800 to 194.835, if the declarant is physically outside the boundaries of the United States, that reflects facts supporting the judgment creditor’s good faith belief that personal property subject to a writ of execution is located within the structure or other enclosure.
 (3) An order issued under this section shall direct the sheriff to use all force reasonably necessary to enter the structure or other enclosure and levy on personal property pursuant to a writ of execution.
 (4) A judgment creditor may deliver a copy of an order issued under this section to a sheriff with a writ of execution, or at any time after a writ of execution is delivered to a sheriff. A sheriff may rely on the copy of the order in entering a structure or other enclosure for the purpose of levying on personal property pursuant to a writ of execution. [2007 c.166 §11; 2013 c.218 §10]
 Section 18.888 - Notice of levy.
 (2) If the sheriff has levied on intangible property, in addition to the copy of the writ required under subsection (1) of this section, the sheriff shall mail or deliver to the persons described in subsection (1) of this section a copy of the notice of levy filed with the court pursuant to ORS 18.878 (1)(d).
 (3) Unless the writ directs the sheriff to sell or deliver specific real or personal property pursuant to the terms of the judgment, in addition to the copy of the writ required under subsection (1) of this section the sheriff shall mail or deliver to each judgment debtor:
 (a) A copy of the notice of levy or a statement of the date and time of the levy; and
 (b) A challenge to execution form as provided by ORS 18.896. [2005 c.542 §13; 2007 c.166 §13; 2011 c.195 §10]
 Section 18.890 - Debtor’s bond.
 Section 18.892 - Challenge to writ of execution.
 (a) To claim such exemptions under a writ of execution as are permitted by law; and
 (b) To assert that the amount specified in the writ of execution as being subject to execution is greater than the amount owed by the judgment debtor under the money award.
 (2) A judgment debtor may not use a challenge to execution form to challenge execution on residential property of the debtor as defined by ORS 18.901 if the judgment creditor has obtained an order under ORS 18.904 authorizing the sale or if the judgment directs the sale or delivery of specific property.
 (3) Any person other than a judgment debtor who has an interest in any property levied on by a sheriff may assert that interest by delivering a challenge to execution in the manner provided by subsection (4) of this section.
 (4) A person may make a challenge to a writ of execution by completing the challenge to execution form provided in ORS 18.896, or a substantially similar form, and by delivering, in person or by first class mail, the original of the completed form to the court administrator for the court identified in the writ of execution and a copy of the challenge to the judgment creditor. Upon receiving a copy of the challenge, the judgment creditor shall promptly notify the sheriff of the challenge.
 (5) A challenge to execution must be delivered in the manner provided by subsection (4) of this section within 30 days after the property is levied on as described in ORS 18.878 or before the property is sold on execution, whichever occurs first. [Formerly 18.505; 2007 c.166 §8]
 Section 18.894 - Notice of challenge to execution.
 Section 18.896 - Challenge to execution form.
 (2) A challenge to execution form must be in substantially the following form:
 ______________________________________________________________________________
 ________COURT
 COUNTY OF ________
 ______ ) CHALLENGE TO
 Plaintiff, ) EXECUTION
 )
 vs. ) Case No. _____
 )
 ______ )
 Defendant. )
 THIS FORM MAY BE USED BY THE DEBTOR
 ONLY
 FOR THE FOLLOWING PURPOSES:
 (1) To claim such exemptions from execution as are permitted by law.
 (2) To assert that the amount specified in the writ of execution as being subject to execution is greater than the total amount owed.
 THIS FORM MAY BE USED BY PERSONS OTHER THAN THE DEBTOR
 ONLY
 TO CLAIM AN INTEREST IN THE PROPERTY THAT IS TO BE SOLD ON EXECUTION.
 THIS FORM MAY
 NOT
 BE USED TO CHALLENGE THE VALIDITY OF THE DEBT.
 I/We claim that the following described property or money is exempt from execution:
 ______________________________________________________________________________
 ______________________________________________________________________________
 I/We believe this property is exempt from execution because (the Notice of Exempt Property at the end of this form describes most types of property that you can claim as exempt from execution):
 ______________________________________________________________________________
 ______________________________________________________________________________
 I am a person other than the Debtor and I have the following interest in the property:
 ______________________________________________________________________________
 ______________________________________________________________________________
 Name________ Name ________
 Signature______ Signature ______
 Address______ Address ______
 ____________ ____________
 Telephone Telephone
 Number______ Number ______
 YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY BACK. You may seek to reclaim your exempt property by doing the following:
 (1) Fill out the Challenge to Execution form that you received with this notice.
 (2) Mail or deliver the Challenge to Execution form to the court administrator at the address shown on the writ of execution.
 (3) Mail or deliver a copy of the Challenge to Execution form to the judgment creditor at the address shown on the writ of execution.
 You should be prepared to explain your exemption in court. If you have any questions about the execution or the debt, you should see an attorney.
 YOU MAY USE THE CHALLENGE TO EXECUTION FORM
 ONLY
 FOR THE FOLLOWING PURPOSES:
 (1) To claim such exemptions from execution as are permitted by law.
 (2) To assert that the amount specified in the writ of execution as being subject to execution is greater than the total amount owed.
 YOU MAY
 NOT
 USE THE CHALLENGE TO EXECUTION FORM TO CHALLENGE THE VALIDITY OF THE DEBT.
 IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE. Penalties that you could be subject to are listed in ORS 18.899.
 NOTICE OF EXEMPT PROPERTY
 Property belonging to you may have been taken or held in order to satisfy a debt. The debt may be reflected in a judgment or in a warrant or order issued by a state agency. Important legal papers are enclosed.
 YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY.
 State and federal law specify that certain property may not be taken. Some of the property that you may be able to get back is listed below.
 (1) Wages or a salary as described in ORS 18.375 and 18.385. Whichever of the following amounts is greater:
 (a) 75 percent of your take-home wages; or
 (b) $218 per workweek.
 (2) Social Security benefits.
 (3) Supplemental Security Income (SSI).
 (4) Public assistance (welfare).
 (5) Unemployment benefits.
 (6) Disability benefits (other than SSI benefits).
 (7) Workers’ compensation benefits.
 (8) All Social Security benefits and Supplemental Security Income benefits, and up to $7,500 in exempt wages, retirement benefits, welfare, unemployment benefits and disability benefits, that are held in a bank account.
 (9) Spousal support, child support or separate maintenance to the extent reasonably necessary for your support or the support of any of your dependents.
 (10) A homestead (house, manufactured dwelling or floating home) occupied by you, or occupied by your spouse, parent or child. Up to $40,000 of the value of the homestead is exempt. If you jointly own the homestead with another person who is also liable on the debt, up to $50,000 of the value of the homestead is exempt.
 (11) Proceeds from the sale of a homestead described in item 10, up to the limits described in item 10, if you hold the proceeds for less than one year and intend to use those proceeds to procure another homestead.
 (12) Household goods, furniture, radios, a television set and utensils with a combined value not to exceed $3,000.
 *(13) An automobile, truck, trailer or other vehicle with a value not to exceed $3,000.
 *(14) Tools, implements, apparatus, team, harness or library that are necessary to carry on your occupation, with a combined value not to exceed $5,000.
 *(15) Books, pictures and musical instruments with a combined value not to exceed $600.
 *(16) Wearing apparel, jewelry and other personal items with a combined value not to exceed $1,800.
 (17) Domestic animals and poultry for family use with a combined value not to exceed $1,000 and their food for 60 days.
 (18) Provisions and fuel for your family for 60 days.
 (19) One rifle or shotgun and one pistol. The combined value of all firearms claimed as exempt may not exceed $1,000.
 (20) Public or private pensions.
 (21) Veterans’ benefits and loans.
 (22) Medical assistance benefits.
 (23) Health insurance proceeds and disability proceeds of life insurance policies.
 (24) Cash surrender value of life insurance policies not payable to your estate.
 (25) Federal annuities.
 (26) Other annuities to $250 per month (excess over $250 per month is subject to the same exemption as wages).
 (27) Professionally prescribed health aids for you or any of your dependents.
 *(28) Rental assistance to an elderly person allowed pursuant to ORS 458.375.
 *(29) Your right to receive, or property traceable to:
 *(a) An award under any crime victim reparation law.
 *(b) A payment or payments, not exceeding a total of $10,000, on account of personal bodily injury suffered by you or an individual of whom you are a dependent.
 *(c) A payment in compensation of loss of future earnings of you or an individual of whom you are or were a dependent, to the extent reasonably necessary for your support and the support of any of your dependents.
 (30) Amounts paid to you as an earned income tax credit under federal tax law.
 (31) Your right to the assets held in, or right to receive payments under, a medical savings account or health savings account authorized under section 220 or 223 of the Internal Revenue Code.
 (32) Interest in personal property to the value of $400, but this cannot be used to increase the amount of any other exemption.
 (33) Equitable interests in property.
 Note: If two or more people in your household owe the claim or judgment, each of them may claim the exemptions marked by an asterisk (*).
 ______________________________________________________________________________
 SPECIAL RULES APPLY FOR DEBTS THAT ARE OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that may not otherwise be taken for payment against the debt may be taken to pay for overdue support. For instance, Social Security benefits, workers’ compensation benefits, unemployment benefits, veterans’ benefits and pensions are normally exempt, but only 50 percent of a lump sum payment of these benefits is exempt if the debt is owed for a support obligation.
 ______________________________________________________________________________ [Formerly 18.512; 2007 c.71 §7; 2007 c.166 §9; 2007 c.496 §§12,17; 2009 c.430 §11; 2009 c.612 §5; 2011 c.93 §3; 2011 c.228 §4; 2011 c.317 §7; 2013 c.597 §3; 2015 c.348 §25]
 Section 18.898 - Hearing on challenge to execution.
 (2) Hearings on a challenge to execution may be held by telecommunication devices.
 (3) The judgment debtor has the burden to prove timely delivery of a challenge to execution under ORS 18.892. [Formerly 18.515]
 Section 18.899 - Sanctions.
 Section 18.900
 Section 18.901 - Definition of residential property.
 (1) Real property on which no more than four units designed to be used as dwellings are located.
 (2) A condominium unit that is designed to be used as a dwelling and that is not being held as inventory for sale or lease in the regular course of business.
 (3) A manufactured dwelling as defined by ORS 446.003 that is not being held as inventory for sale or lease in the regular course of business.
 (4) A floating home as defined in ORS 830.700 that is not being held as inventory for sale or lease in the regular course of business. [2005 c.542 §15]
 Section 18.902
 Section 18.904 - Order required for sale of residential property; exceptions.
 (2) This section does not apply to writs of execution that direct the sheriff to sell specific property pursuant to the terms of the judgment.
 (3) This section does not apply to a writ of execution issued to enforce a judgment foreclosing:
 (a) A construction lien for work, labor or material done or furnished exclusively for the improvement of the property to be sold;
 (b) A lawfully executed purchase money lien against the property to be sold; or
 (c) A lawfully executed mortgage or trust deed on the property to be sold. [2005 c.542 §16]
 Section 18.905
 Section 18.906 - Motion for order authorizing sale of residential property.
 (a) Indicates the amount of the money award or money awards, as reflected in the judgment or judgments.
 (b) Indicates the amount owing on the money award or money awards on the date the motion is filed.
 (c) Indicates whether any of the money awards arise out of an order or judgment for child support as described in ORS 18.398.
 (d) Identifies the residential property to be sold by legal description and by street address, if any.
 (e) Indicates whether the property is a homestead. If the property is a homestead, the motion must allege facts showing that the homestead may be sold on execution.
 (2) A motion under this section must be accompanied by an affidavit disclosing the basis of the allegations contained in the motion. If the judgment creditor relies on more than one judgment to support the order, the motion must be accompanied by copies of all other judgments on which the judgment creditor relies.
 (3) A court shall promptly schedule a hearing on a motion filed under this section. In setting the hearing the court shall allow adequate time to allow service on the judgment debtor under ORS 18.908. [2005 c.542 §17; 2011 c.429 §3]
 Section 18.908 - Notice of motion for order authorizing sale of residential property.
 (a) Serve the judgment debtor in the manner provided by ORCP 7 with a copy of the motion and the supporting affidavit, and with a notice of the time and place of the hearing; and
 (b) Send a copy of the motion and the notice by first class mail to the property at the mailing address for the property.
 (2) The notice required by subsection (1) of this section must be in substantially the following form:
 ______________________________________________________________________________
 NOTICE OF HEARING ON SHERIFF’S
 SALE OF YOUR PROPERTY
 This is to notify you that _____ has asked the court to order the sheriff to sell property located at _________ to satisfy a judgment against_____.
 Before deciding whether to order the sale, the court will hold a hearing on_____, 2___, at ______ a.m./p.m., in Room _____,______.
 The law provides that property is your homestead if the property is actually used as a home by you, your spouse, a dependent parent or a dependent child. If you are temporarily absent from the property but intend to move back in, the property is still your homestead.
 The law provides that if the property is your homestead, then $_____ of its value may not be taken to satisfy a judgment against you. In addition, a homestead usually may not be sold to satisfy a judgment for $3,000 or less.
 The law provides that property may be sold despite the fact that it is your homestead and all of its value may be taken to satisfy a judgment against you if the judgment is for child support.
 IF YOU WISH TO PROTECT THIS PROPERTY FROM A SHERIFF’S SALE, YOU SHOULD COME TO THE COURT HEARING.
 IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE A LAWYER AT ONCE.
 If you do not own this property, please give this notice and the papers served with it to the owner.
 ______________________________________________________________________________ [2005 c.542 §18; 2009 c.612 §7]
 Section 18.910
 Section 18.912 - Hearing on motion for order authorizing sale of residential property.
 (2) The court shall authorize sale of the property pursuant to a motion filed under ORS 18.906 unless the court finds:
 (a) That the property is the homestead of the judgment debtor;
 (b) That the judgment is subject to the homestead exemption; and
 (c) That the amount of the judgment or judgments was $3,000 or less at the time of entry of the judgment or judgments as described in ORS 18.395 (7).
 (3) If the court authorizes the sale of residential property, the order must state whether the homestead exemption applies to the property. If the homestead exemption does apply to the property, the order must state the allowed amount of the exemption.
 (4) If the court authorizes the sale of residential property, the judgment creditor may recover the costs of service of the motion and notice under ORS 18.908 as part of the costs of the sale. [2005 c.542 §19; 2009 c.612 §8]
 Section 18.918 - Person entitled to written notice of sale.
 (a) The name of the judgment debtor; and
 (b) The name of any attorney for a judgment debtor reflected in the judgment document.
 (2) If real property is to be sold in the execution sale, the list prepared by the judgment creditor under this section must include the name of each person with one of the following interests in the real property, determined as of a date that is identified by the judgment creditor and that is not more than 10 days before the request for issuance of the writ of execution was filed:
 (a) Any person who has a lien of record against the property that attached to the property after the judgment lien attached and before the determination date identified by the judgment creditor.
 (b) Any person who has an interest in the property that was acquired from the debtor or any successor to the debtor, and that was recorded after the judgment lien attached and before the determination date identified by the judgment creditor.
 (3) Subsection (2) of this section does not apply to a writ of execution requiring the sale of specific real property identified in a judgment of foreclosure or any other judgment directing the sale of specific real property. If a writ of execution is issued pursuant to a judgment in an in rem proceeding, a judgment of foreclosure or another judgment directing the sale of the specific real property, the list prepared by the judgment creditor under this section must contain the names and last known addresses of the persons who were parties to the action at the time of judgment in lieu of the names required under subsection (2) of this section.
 (4) Failure to include the name of a person required to be listed under this section does not affect the validity of an execution sale or in any way give that person any right to challenge the sale of the property. By submitting the instructions to the sheriff, a judgment creditor certifies that the list of persons reflected in the instructions complies with this section, and the failure to include the name of any person as required by this section is subject to sanction under ORCP 17. [2005 c.542 §20]
 Section 18.920 - Notice of sale of personal property.
 (2) Before any execution sale of personal property, the sheriff shall:
 (a) Mail copies of the notice of sale by first class mail and by certified mail, return receipt requested, to the judgment debtor at the address provided in the instructions to the sheriff; and
 (b) Mail a copy of the notice of sale by first class mail to any attorney for the judgment debtor identified in the instructions at the address provided in the instructions to the sheriff.
 (3) The notices required by subsection (2) of this section must be mailed not less than 10 days before an execution sale is conducted.
 (4) The sheriff shall post a notice of the sale in three public places in the county in which the sale is to take place. The notice must be posted not more than 20 days before the date of sale identified in the notice of sale and not less than 10 days before that date.
 (5) In lieu of posting notice under subsection (4) of this section, a sheriff shall give notice of an execution sale by Internet posting if the judgment creditor requests that posting in the instructions given to the sheriff under ORS 18.875 and a website has been established under ORS 18.926 for the purpose of giving legal notices under ORS 18.860 to 18.993. Subject to ORS 18.926 (3), the notice must be posted on the Internet not less than 10 days before the date identified in the notice of sale and remain posted until that date. [2005 c.542 §21; 2009 c.835 §5]
 Section 18.922 - Expedited sale of perishable personal property; expedited sale to prevent loss of value.
 (a) The notices required by ORS 18.920 (2) must be mailed by express mail not less than 48 hours before the execution sale is conducted; and
 (b) The sheriff shall post notice of the sale in the manner required by ORS 18.920 (4) or (5) not less than 48 hours before the execution sale is conducted.
 (2) In lieu of conducting an expedited sale under subsection (1) of this section, a judgment creditor or a sheriff may seek an ex parte order from the court directing the manner of conducting an expedited sale to prevent loss of value. An order issued under this section may modify or eliminate any of the requirements of ORS 18.920. If an ex parte order is entered under this subsection at the request of the judgment creditor, the judgment creditor must provide a copy of the order to the sheriff. [2005 c.542 §22]
 Section 18.924 - Notice of sale of real property.
 (a) Post notice of the sale on the website established under ORS 18.926 for at least 28 days; and
 (b) Publish notice of the sale in a newspaper, as defined in ORS 193.010, in the county where the real property is located once a week for four successive weeks.
 (2) The notice posted on the website and published in the newspaper under subsection (1) of this section must include:
 (a) The names of the parties subject to the writ of execution;
 (b) The street address of the property or, if there is no street address, the tax lot number of the property; and
 (c) The date, time and place of the execution sale.
 (3) In addition to the information listed in subsection (2) of this section, the notice posted on the website under subsection (1) of this section must include:
 (a) The legal description of the property; and
 (b) The following notice:
 ______________________________________________________________________________
 Before bidding at the sale, a prospective bidder should independently investigate:
 (a) The priority of the lien or interest of the judgment creditor;
 (b) Land use laws and regulations applicable to the property;
 (c) Approved uses for the property;
 (d) Limits on farming or forest practices on the property;
 (e) Rights of neighboring property owners; and
 (f) Environmental laws and regulations that affect the property.
 ______________________________________________________________________________
 (4) In addition to the information listed in subsection (2) of this section, a notice published in the newspaper under subsection (1) of this section must include instructions for locating the information posted on the website under subsection (1) of this section.
 (5) The sheriff is not required to post or publish the notice of sale of real property under this section until the judgment creditor provides the sheriff with all of the information required under subsections (2) and (3) of this section.
 (6) Before any execution sale of real property, the sheriff shall:
 (a) Mail copies of the notice of sale posted on the website under subsection (1) of this section by first class mail and by certified mail, return receipt requested, to the judgment debtor at the address provided in the instructions to the sheriff;
 (b) Mail a copy of the notice of sale posted on the website under subsection (1) of this section by first class mail to any attorney for the judgment debtor identified in the instructions at the address provided in the instructions; and
 (c) Mail a copy of the notice of sale posted on the website under subsection (1) of this section by first class mail to any other person listed in the instructions pursuant to ORS 18.918 at the address provided in the instructions.
 (7) The notices required by subsection (6) of this section must be mailed not less than 28 days before an execution sale is conducted.
 (8) Before any execution sale of real property for which the judgment creditor has provided a street address under ORS 18.875 (3), the sheriff shall post the notice of the sale posted on the website under subsection (1) of this section in a conspicuous place on the property. The notice must be posted not more than seven days after the sheriff mails notices as required by subsection (6) of this section. [2005 c.542 §23; 2009 c.835 §6; 2011 c.195 §11; 2011 c.429 §4; 2013 c.464 §1]
 Section 18.926 - Legal notices website; posting fee.
 (2) An intergovernmental agreement entered into under this section may establish fees for posting legal notices on a website maintained under this section.
 (3) For the purpose of determining whether a legal notice has been posted for the period of time required by law, an interruption of service of a website maintained under this section that does not exceed 48 hours does not affect the continuity of the posting. An interruption of service of a website maintained under this section does not prevent the sheriff from conducting an execution sale unless the court orders otherwise. [2005 c.542 §24; 2009 c.835 §4; 2011 c.195 §13; 2013 c.464 §2]
 Section 18.930 - Conduct of sale generally; county fee.
 (2) At least 10 days before the date first set for an execution sale, a judgment creditor must provide the sheriff with any report for real property to be sold at the execution sale that is in the possession of the judgment creditor and that shows interests of record in the property. The sheriff shall make the report available to bidders who appear at the sale. No civil action may be brought against a title company, the judgment creditor, the sheriff or any other person by reason of omissions or errors in the report, and the validity of the sale is not affected by reason of any omissions or errors in the report.
 (3) A judgment creditor that is a public body, as defined in ORS 174.109, may set a minimum bid amount for property to be sold at an execution sale.
 (4) Tangible personal property to be sold at an execution sale must be present at the place where the sale is conducted unless the property is not in the possession of the sheriff.
 (5) The county may establish a fee to be collected by the sheriff at the time of sale. The amount of the fee shall be established by the governing body of the county and may not be greater than the amount necessary to pay the county for the expenses incurred by the county for giving notice of the sale and conducting the sale and for the anticipated expenses for any notices required to be given after the sale and other post-sale administration of the sale.
 (6) A person who purchases real property that is subject to redemption at an execution sale must provide the sheriff with an address to which a redemption notice may be sent and must notify the sheriff of any change in address until the purchaser transfers the purchaser’s interest in the property, the property is redeemed or the time allowed for redemption expires, whichever occurs first. Any person who thereafter acquires the purchaser’s interest in the property must notify the sheriff of the transfer, provide the sheriff with an address to which a redemption notice may be sent and notify the sheriff of any change in address until there is a another transfer, the property is redeemed or the time allowed for redemption expires, whichever occurs first.
 (7) At any time before the sheriff conducts an execution sale for personal property, the judgment debtor may pay to the sheriff the full amount owing on the judgment as of the date the payment is made along with the costs of sale as described in ORS 18.950 (2). The payment must be made in United States currency. If payment is made under this subsection, the sheriff may not sell the property, and shall deliver the property to the debtor. The sheriff shall deliver the amount paid by the judgment debtor to the court administrator with the sheriff’s return on the writ. The sheriff is not liable to any person by reason of accepting payment under the provisions of this subsection. [2005 c.542 §25; 2007 c.580 §2; 2011 c.195 §14]
 Section 18.932 - Postponement of sale; rules.
 (a) The sheriff is unable to conduct the sale at the place and time specified in the notice of the sale;
 (b) The sheriff considers it appropriate to postpone the sale for want of purchasers; or
 (c) For other sufficient cause.
 (2) A sheriff shall postpone an execution sale to a specified date upon the request of a judgment creditor. The sheriff may not postpone the execution sale to a date later than the final date for return on the writ of execution under ORS 18.872.
 (3) If possible, the sheriff shall make a public announcement of a postponement at the time and place scheduled for the sale.
 (4) An execution sale may be postponed more than one time under the provisions of this section. An execution sale may not be postponed beyond the date that a return on the writ is due. If the judgment creditor requests a postponement to a specified date, and the date is more than 60 days after the sheriff received the writ, the request for a postponement of the sale automatically operates as a request for an extension of the time for a return on the writ of execution under ORS 18.872 (1), and the return on the writ is due three business days after the date specified by the judgment creditor for the sale.
 (5) The sheriff need not give additional notice of sale in the manner provided by ORS 18.918, 18.920, 18.922 or 18.924 by reason of a postponement. The State Court Administrator by rule may establish procedures for giving notice of a postponement by a posting on a website maintained under ORS 18.926. [2005 c.542 §26]
 Section 18.934 - Amount of property to be sold; sheriff and deputies may not purchase.
 Section 18.936 - Bid by judgment creditor.
 (a) Any unpaid sheriff’s fees for the execution sale;
 (b) The amount of an exemption that the debtor claims and that the judgment creditor agrees to or that a court has determined applies to the property; and
 (c) Any amount that the judgment creditor bids that:
 (A) Exceeds the full amount, calculated as of the date of the execution sale, that is owing on the money award, for a judgment that includes a money award, plus the costs of the sale as described in ORS 18.950 (2) that the judgment creditor paid; or
 (B) Exceeds the amount declared in the judgment, calculated as of the date of the execution sale, for a judgment that directs the sale of specific real or personal property, plus the costs of the sale as described in ORS 18.950 (2) that the judgment creditor paid.
 (2)(a) A judgment creditor that requested issuance of a writ of execution may submit a written bid for property to be sold in an execution sale before the sale is conducted.
 (b) A bid under paragraph (a) of this subsection may not be for more than:
 (A) The full amount, calculated as of the date of the execution sale, that is owing on the money award, for a judgment that includes a money award, plus the costs of the sale that the judgment creditor may recover as provided in ORS 18.950 (2); or
 (B) The amount declared in the judgment, calculated as of the date of the execution sale, for a judgment that directs the sale of specific real or personal property, plus the costs of the sale that the judgment creditor may recover as provided in ORS 18.950 (2).
 (c) The sheriff must receive a bid under this subsection not less than 48 hours before the sale is conducted. The sheriff may rely on the judgment creditor’s calculation of the amount due under the money award or the amount declared in the judgment and for the costs of sale. The sheriff is not required to make a separate calculation. If the written bid of the judgment creditor is the highest bid, the judgment creditor need not make any payment to the sheriff other than for:
 (A) Any unpaid sheriff’s fees for the execution sale; and
 (B) The amount of an exemption that the debtor claims and that the judgment creditor agrees to or that a court has determined applies to the property.
 (3) A judgment creditor that makes a bid under subsection (2) of this section may instruct the sheriff to accept any bid that matches the amount of the judgment creditor’s bid.
 (4) A written bid under subsection (2) of this section is irrevocable, but the judgment creditor that submits the written bid may make an oral bid at the time of the sale that is higher than the written bid.
 (5) A judgment creditor that makes a bid under this section must notify the sheriff of any amounts included in the bid that are attributable to costs of sale under ORS 18.950 (2). [2005 c.542 §28; 2007 c.166 §7; 2011 c.195 §16; 2015 c.291 §2]
 Section 18.938 - Manner of payment.
 (2) A sheriff shall accept a cashier’s check as payment from a purchaser at an execution sale only if the cashier’s check is made payable to the sheriff and is drawn on a financial institution that is authorized to do business under the laws of Oregon or the United States.
 (3) If any part of the purchase price at an execution sale is paid with a cashier’s check, the sheriff shall give the purchaser a receipt for the funds in lieu of a certificate of sale under ORS 18.942. The receipt must state that the purchaser is the successful bidder and must describe the property sold.
 (4) If any part of the purchase price at an execution sale is paid with a cashier’s check, the sheriff shall deposit the check in a financial institution not later than the end of the first business day after the day on which the sale is conducted. The check must be deposited in a separate account.
 (5) If the sheriff receives verification from a financial institution within 15 days after the date of the execution sale that all cashier’s checks delivered to the sheriff for a purchase have received final settlement, the sale is effective as of the date and hour of the sale, and the purchaser has priority over any interest acquired in the real property after that time. The sheriff shall thereafter:
 (a) Mail to the purchaser by first class mail a certificate of sale as provided under ORS 18.942 for all real property purchased; and
 (b) Deliver the net proceeds of the sale to the court administrator or other official as provided by law.
 (6) Subject to subsection (8) of this section, if the sheriff does not receive verification from a financial institution within 15 days after the date of the sale that all cashier’s checks delivered to the sheriff for a purchase have received final settlement, the sale is void and the sheriff shall return to the purchaser any cash tendered by the purchaser and any amounts received for cashier’s checks for which final settlement was received, less any bank charges incurred for cashier’s checks and any other amount allowed by law.
 (7) If any part of the purchase price at an execution sale is paid with a cashier’s check, and the return date for the writ that is the basis for the sale is less than 18 days after the date of the sale, the return date is automatically extended to 18 days after the date of the sale.
 (8) The judgment creditor may extend by a period of not more than 60 days the time for the sheriff to receive verification of a cashier’s check provided for in subsections (5) and (6) of this section. If the judgment creditor extends the time for the sheriff to receive verification of a cashier’s check, the return date for the writ is automatically extended three business days after the date specified by the judgment creditor.
 (9) A judgment creditor may elect to pursue remedies under ORS chapter 73 by reason of the failure of a financial institution to honor a cashier’s check tendered under this section, as though the judgment creditor had been the person to whom the check was payable.
 (10) As used in this section:
 (a) "Cashier’s check" has the meaning given that term in ORS 73.0104.
 (b) "Financial institution" has the meaning given that term in ORS 706.008. [2005 c.542 §29]
 Section 18.940 - Bill of sale for personal property.
 (2) If the sheriff has secured property in the manner provided by ORS 18.880 and the judgment debtor refuses to make the property available to the purchaser, without further court order the sheriff shall use all reasonable force necessary to allow the purchaser to access the property at the place where the property was located when the sheriff secured the property. [2005 c.542 §30]
 Section 18.942 - Sheriff’s certificate of sale for real property.
 (2) A purchaser shall record in the County Clerk Lien Record the sheriff’s certificate of sale provided to the purchaser under the provisions of this section. [2005 c.542 §31; 2015 c.168 §6]
 Section 18.944 - Notice of completed sale.
 (a) Securely attach to the main entrance of any dwelling unit upon the property a written notice stating that the property has been sold; and
 (b) Send a copy of the notice described in paragraph (a) of this subsection by first class mail and by registered or certified mail to the judgment debtor.
 (2) The notice required by subsection (1)(a) of this section shall be in substantially the following form:
 ______________________________________________________________________________
 YOUR PROPERTY HAS BEEN SOLD
 Your property located at _________ has been sold. The property was sold on_____, 2___, to satisfy a court judgment against you. The purchaser’s name and address are_________. The purchaser paid _____ for your property.
 You may have the right to buy back the property from the purchaser by paying the purchaser the amount paid at the sale plus taxes, expenses and interest. YOU WILL LOSE THE RIGHT TO BUY BACK YOUR PROPERTY ON_____, 2___. If you do not buy back your property, the sheriff will give a deed for your property to the purchaser on that date.
 The law on the rights of a person whose property is sold to satisfy a court judgment is found in ORS 18.960 to 18.985. You must follow exactly the instructions provided there.
 IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE A LAWYER AT ONCE.
 ______________________________________________________________________________
 (3) The sheriff shall retain the return receipt for a notice sent by registered or certified mail as provided in subsection (1)(b) of this section and shall make and retain a record of the posting of notice required by subsection (1)(a) of this section.
 (4) Failure of the sheriff to comply with any provision of this section does not affect the validity of the sale of residential property. However, this subsection does not limit any other right the judgment debtor may have. [2005 c.542 §32]
 Section 18.946 - Possession after sale; right to rents or value of use.
 (2) If property sold on execution or redeemed is in the possession of a tenant who holds the property at the time of the sale under an unexpired lease that has a priority that is inferior to the claim of the judgment creditor, the lessee has the right to remain in possession of the property until expiration of the period allowed for redemption if the lessee makes the lease payments to the purchaser or redemptioner, or pays to the purchaser or redemptioner a monthly payment equal to the value of the use and occupancy of the property, whichever amount is greater. [2005 c.542 §33]
 Section 18.948 - Confirmation of sale of real property.
 (2) If an objection to a sale is filed, the court shall schedule a hearing on the objection. The court shall grant an order confirming the sale unless the person objecting to the sale establishes that the sale was not conducted in a manner that substantially conformed with the manner required by law, and that as a result it was probable that the person suffered damage. An order confirming a sale under this subsection conclusively establishes that the sale was conducted in the manner required by ORS 18.860 to 18.993. If the court sustains the objection, the court shall direct that the property be resold. Notwithstanding any other provision of ORS 18.860 to 18.993, the court may establish timelines for the conduct of the second sale and the return by the sheriff upon completion of the second sale.
 (3) If the court orders that real property be resold under this section, the sheriff may not accept any bid in the second sale that is less than the amount paid in the first sale. If no higher bid is received in the second sale, the sheriff shall so indicate in the sheriff’s return to the court. If a higher bid is received at the second sale, upon receipt of the proceeds the court administrator shall return to the first purchaser the amounts paid by the purchaser. If the original purchaser makes the highest bid in the second sale, the purchaser need pay to the sheriff only the difference between the bid in the second sale and the amounts already paid by the purchaser. [2005 c.542 §34]
 Section 18.950 - Delivery and distribution of proceeds; satisfaction document.
 (2) A judgment creditor is entitled to recover from the proceeds of the sale all of the following costs of sale paid by the judgment creditor:
 (a) Sheriff’s fees;
 (b) The cost of any title report required to determine persons entitled to notice under ORS 18.918 (2);
 (c) The cost of any indemnity bond or letter of credit required by ORS 18.886;
 (d) Amounts that may be recovered by the judgment creditor under ORS 18.999;
 (e) Services fees that may be recovered as costs under ORS 18.912; and
 (f) Recording fees incurred pursuant to ORS 18.870.
 (3) The court shall order that the costs specified in subsection (2) of this section be paid before application of the remaining proceeds to satisfaction of the judgment.
 (4) If any proceeds from an execution sale remain after the payment of costs under subsection (3) of this section and satisfaction of the judgment, the court administrator shall pay the remaining proceeds as directed by the court in the order of distribution.
 (5)(a) Upon receipt of the proceeds of the execution sale of real property, the judgment creditor shall file a satisfaction document as provided in ORS 18.225 for the amount credited against any money award portion of a judgment.
 (b) The judgment debtor or other person with an interest in the real property may request in writing to the judgment creditor that the judgment creditor file a satisfaction document. If the judgment creditor does not file a satisfaction document within 10 days after receiving the request, the person making the request may file a motion under ORS 18.235.
 (c) If the court finds that the judgment creditor failed to file a satisfaction document under ORS 18.225 within 10 days after receiving a written request under paragraph (b) of this subsection, the court may render a supplemental judgment awarding reasonable attorney fees to the person making the motion, unless the judgment creditor establishes that the failure to file the satisfaction document was not the fault of the judgment creditor. [2005 c.542 §35; 2007 c.166 §19; 2017 c.270 §1]
 Section 18.952 - Effect of sale on judgment debtor’s or mortgagor’s title; effect of redemption by judgment debtor or mortgagor.
 (2) If a judgment debtor or mortgagor, or a successor in interest to a judgment debtor or mortgagor, redeems property sold at an execution sale, the property may not be redeemed by any other person. The sheriff shall provide the redemptioner with a certificate of redemption. A certificate of redemption may be recorded in the County Clerk Lien Record for the county in which the property is located. [2005 c.542 §36]
 Section 18.954 - Conduct of sale pursuant to court rule or terms of order or judgment.
 Section 18.960 - Definitions.
 (1) "Certificate holder" means a person who holds a certificate of sale issued under ORS 18.942 or who holds a certificate of redemption issued under ORS 18.975.
 (2) "Claimant" means a person who claims to have a right to redeem under ORS 18.960 to 18.985.
 (3) "Land sale contract" means a contract for the transfer or conveyance of an interest in real property. "Land sale contract" does not include earnest money agreements, preliminary sales agreements, options or rights of first refusal.
 (4) "Redemptioner" means a person other than a judgment debtor who has redeemed property under ORS 18.960 to 18.985.
 (5) "Redemption notice" means a notice described under ORS 18.970. [2005 c.542 §37a]
 Section 18.962 - Property that may be redeemed.
 (2) A manufactured dwelling, as defined by ORS 446.003, may be redeemed only if the manufactured dwelling is sold together with the real property on which the manufactured dwelling is located.
 (3) The right of a seller to receive payments under a land sale contract that is sold with the real property may be redeemed.
 (4) Except as provided in ORS 18.987 (3), a purchaser’s interest in a land sale contract may be redeemed. [2005 c.542 §38]
 Section 18.963 - Who may redeem.
 (a) The judgment debtor;
 (b) A mortgagor whose interest in the property was sold at the execution sale;
 (c) Any person with a lien against the property that has a priority that is inferior to the claim of the judgment creditor; or
 (d) The successor in interest of any person described in paragraph (a), (b) or (c) of this subsection.
 (2) Subject to subsection (3) of this section, for the purposes of ORS 18.960 to 18.985:
 (a) All references to a judgment debtor include a mortgagor whose interest in the property that was sold at the execution sale and any successor in interest to such a mortgagor;
 (b) All references to a judgment debtor include a successor in interest to a judgment debtor; and
 (c) A person described in subsection (1)(c) of this section, and any successor in interest of that person, is a lien claimant.
 (3) Any person described in subsection (1) of this section who conveys all of the person’s interest in property sold on execution to a successor in interest may not redeem the property. [2005 c.542 §39]
 Section 18.964 - Time for redemption.
 (2) Except as provided in subsection (3) of this section, the ability of a lien claimant to redeem property sold at an execution sale expires unless the lien claimant redeems the property within 60 days after the date of sale.
 (3) If any lien claimant redeems property within the time provided by subsection (2) of this section, any other lien claimant may redeem the property from the redemptioner. The subsequent redemption must be made within 60 days after the redemption amount specified in ORS 18.966 or 18.967 is paid to the sheriff. Other lien claimants may thereafter redeem from a preceding redemptioner, in the same manner, as long as each redemption is made within 60 days after the previous redemption. [2005 c.542 §40]
 Section 18.966 - Redemption amount payable to purchaser.
 (1) The amount paid by the purchaser at the execution sale, with interest at the rate of nine percent per annum from the date of sale;
 (2) The amount of any taxes paid by the purchaser on the property, with interest at the rate of nine percent per annum from the date of payment;
 (3) Any amounts necessarily expended by the purchaser to prevent waste, with interest at the rate of nine percent per annum from the date of payment;
 (4) Any amounts paid by the purchaser on liens superior to the interest of the purchaser, with interest at the rate of nine percent per annum from the date of payment; and
 (5) Any assessments paid by the purchaser to a homeowners association under ORS 94.550 to 94.783, or to an association of unit owners under ORS chapter 100, with interest at the rate of nine percent per annum from the date of payment. [2005 c.542 §41; 2015 c.120 §1]
 Section 18.967 - Redemption amount payable to redemptioner.
 (1) The amount paid by the redemptioner, with interest at the rate of nine percent per annum from the date of payment;
 (2) The amount owing on the lien of the redemptioner, unless the payment is made by a lien claimant whose lien has a priority that is superior to the lien of the redemptioner;
 (3) The amount of any taxes paid by the redemptioner on the property, with interest at the rate of nine percent per annum from the date of payment;
 (4) Any amounts necessarily expended by the redemptioner to prevent waste, with interest at the rate of nine percent per annum from the date of payment;
 (5) Any amounts paid by the redemptioner on liens superior to the lien of the redemptioner, with interest at the rate of nine percent per annum from the date of payment; and
 (6) Any amounts paid by the redemptioner to a homeowners association under ORS 94.550 to 94.783, or to an association of unit owners under ORS chapter 100, with interest at the rate of nine percent per annum from the date of payment. [2005 c.542 §42; 2015 c.120 §2]
 Section 18.968 - Setoff for rents, income and profits realized by certificate holder; certificate holder’s lien for crops and amounts expended to prevent waste.
 (2) If the real property sold at an execution sale is farmland, the certificate holder has a lien on the first crops sown or grown after the sale and for all sums reasonably expended by the certificate holder in plowing, cultivating or seeding the property. The lien of the certificate holder is superior to all other liens except the liens provided by law for payment of wages for work in cultivating the land or harvesting the crops grown on the property. If the real property is not farmland, the certificate holder has a lien on the profits accruing from the property during the period that the certificate holder held the land for sums necessarily expended by the certificate holder to prevent waste. [2005 c.542 §43]
 Section 18.970 - Redemption notice.
 (2) If the claimant is a lien claimant, the notice must reflect the nature of the lien claimant’s interest and the claimant shall attach to the notice copies of any documents necessary to establish that interest. If the claimant is a successor in interest to another person with redemption rights under ORS 18.963, the claimant shall attach to the notice copies of any documents necessary to establish how the person acquired the interest. If the claimant claims to have an interest with a priority that is superior to the interest of the certificate holder, the claimant shall attach to the notice copies of any documents necessary to establish that priority.
 (3) A redemption notice must be served by personal service or by first class mail. If the notice is served by first class mail, service is effective on mailing. A copy of the notice may be filed with the sheriff before the notice is given to the certificate holder, but must be filed with the sheriff no later than seven days before the redemption date specified in the notice. The notice must be served on the certificate holder not more than 30 days before the payment date specified in the redemption notice, and:
 (a) Not less than 14 days before the payment date specified in the notice, if service is made by first class mail; or
 (b) Not less than seven days before the payment date specified in the notice, if personal service is made.
 (4) A claimant shall submit proof of service of the notice required by this section at the time the claimant pays the sheriff under ORS 18.975.
 (5) If a certificate holder fails to comply with the requirements of ORS 18.930 (6) or 18.982, the certificate holder may not object to a redemption by reason of failure to receive a redemption notice. [2005 c.542 §44a; 2007 c.580 §3]
 Section 18.971 - Objection to redemption notice.
 (2) The filing of an objection under this section does not affect the requirement of payment of the redemption amount specified in the redemption notice under ORS 18.975. [2005 c.542 §44b]
 Section 18.972 - Response to redemption notice.
 (a) The notice requests an accounting under ORS 18.980; or
 (b) The certificate holder objects to the redemption amount specified in the notice.
 (2) A response to a redemption notice must be served by personal service or by first class mail. If the response is served by first class mail, service is effective on mailing. A copy of the response may be filed with the sheriff before the response is given to the claimant, but must be filed with the sheriff before the payment date specified in the notice. The response must be served on the claimant before the payment date specified in the notice.
 (3) If the redemption notice requests an accounting, the accounting must be attached to the response given under this section.
 (4) If the certificate holder objects to the redemption amount specified in the notice because the certificate holder claims additional amounts are owing under ORS 18.966 or 18.967, the response must include all information specified in ORS 18.980 (1)(a) to (e).
 (5) A response filed under this section must include a statement of the amount claimed as the proper redemption amount after deductions or additions by reason of any accounting provided with the response or by reason of additional amounts claimed under subsection (4) of this section. [2005 c.542 §44c; 2015 c.120 §3]
 Section 18.973 - Objection to response.
 (2) The filing of an objection under this section does not affect the requirement of payment of the redemption amount specified in the redemption notice under ORS 18.975. Payment of the amount claimed in the response waives any objection filed under this section unless the claimant delivers a copy of the objection to the sheriff with the payment. [2005 c.542 §44d]
 Section 18.975 - Payment of redemption amount.
 (2) The sheriff shall issue to the claimant who makes payment under this section a certificate of redemption on the payment date specified in the redemption notice unless:
 (a) Before the payment date specified in the notice, an objection is filed with the sheriff in the manner required by ORS 18.971;
 (b) Before the payment date specified in the notice, a response is filed with the sheriff in the manner required by ORS 18.972, and the claimant fails to pay additional amounts claimed in the response on the payment date specified in the notice;
 (c) An objection to a response is delivered to the sheriff with the payment in the manner required by ORS 18.973; or
 (d) The calculations or other documentation provided to the sheriff appear irregular to the sheriff.
 (3) If the calculations or other documentation provided to the sheriff appear irregular to the sheriff, and the claimant objects to the failure of the sheriff to issue a certificate of redemption pursuant to subsection (2)(d) of this section, the sheriff shall give written notice to the court of the objection pursuant to ORS 18.992.
 (4) If a claimant pays the sheriff the redemption amount specified in the redemption notice, but the sheriff does not issue a certificate of redemption pursuant to subsection (2) of this section, the sheriff shall give the claimant a receipt for the funds in lieu of a certificate of redemption.
 (5) If a response is filed with the sheriff in the manner required by ORS 18.972 before the payment date specified in the notice, and the claimant makes payment as required by subsection (1) of this section but fails to pay additional amounts claimed in the response, the redemption notice is of no effect and the sheriff shall return the payment to the claimant unless:
 (a) The claimant objects to the response in the manner provided by ORS 18.973; or
 (b) The claimant pays additional amounts claimed in the response, plus interest, in the manner provided by subsection (6) of this section.
 (6) If a response is filed with the sheriff in the manner required by ORS 18.972 before the payment date specified in the notice, and the claimant makes payment as required by subsection (1) of this section but fails to pay additional amounts claimed in the response, the sheriff shall issue a certificate of redemption to the claimant dated as of the date that the receipt was issued under subsection (4) of this section if the claimant pays additional amounts claimed in the response, plus interest, within seven days after the date the receipt was issued. [2005 c.542 §44e]
 Section 18.978 - Court proceedings on objections.
 (2) The court shall schedule a hearing on an objection filed under ORS 18.971 or 18.973 as soon as possible.
 (3) If a certificate holder files an objection under ORS 18.971, and the court determines that the claimant is eligible to redeem, the court shall direct the sheriff to issue a certificate of redemption to the claimant, dated as of the date that the receipt was issued under ORS 18.975. If the court determines that the claimant is not eligible to redeem, the court shall direct the sheriff to refund all amounts paid by the claimant to the sheriff.
 (4) If an objection is filed by a claimant under ORS 18.973, the court shall determine the proper redemption amount. If the court determines that the proper redemption amount is greater than the amount paid under ORS 18.975, the court shall direct the sheriff to issue a certificate of redemption to the claimant upon payment of the additional amounts plus interest within 10 days after entry of the court’s order, dated as of the date that the receipt was issued under ORS 18.975. If the additional amounts and interest are not paid within the time allowed, the redemption is void and the sheriff shall refund to the claimant all amounts paid to the sheriff. If the court determines that the proper redemption amount is less than the amount paid under ORS 18.975, the court shall direct the sheriff to issue a certificate of redemption to the claimant, dated as of the date that the receipt was issued under ORS 18.975, and order a refund to the claimant of the amounts determined by the court to be in excess of the proper redemption amount.
 (5) Upon issuance of a certificate of redemption under this section, the sheriff shall deliver to the certificate holder the amount determined to be the proper redemption amount.
 (6) If the court determines under subsection (4) of this section that the proper redemption amount is greater than the amount paid under ORS 18.975, and determines that the amount specified in the redemption notice does not represent a good faith attempt to determine the proper redemption amount, the court shall enter judgment against the claimant for all attorney fees incurred by the certificate holder in the proceedings. [2005 c.542 §44f]
 Section 18.980 - Accounting.
 (a) The amount of any taxes the certificate holder has paid on the property, with interest at the rate of nine percent per annum from the date of payment.
 (b) Any amounts necessarily expended by the certificate holder to prevent waste, with interest at the rate of nine percent per annum from the date of payment.
 (c) Any amounts that the certificate holder has paid on liens superior to the lien of the certificate holder, with interest at the rate of nine percent per annum from the date of payment.
 (d) The amount of any assessments paid by the certificate holder to a homeowners association under ORS 94.550 to 94.783, or to an association of unit owners under ORS chapter 100, with interest at the rate of nine percent per annum from the date of payment.
 (e) The amount owing on the lien of the certificate holder, if the certificate holder is a redemptioner.
 (f) The net proceeds of rents, income or profits from the property by the certificate holder while the certificate holder has been in possession of the property.
 (2) If a redemption notice includes a request for an accounting and the certificate holder fails to respond as required by ORS 18.972, the time for paying the redemption amount is automatically extended to 30 days after the redemption date specified in the redemption notice or until the time specified by subsection (4) of this section if a claimant files a motion under subsection (3) of this section.
 (3) If a redemption notice includes a request for an accounting, and the certificate holder fails to respond as required by ORS 18.972, the claimant may file a motion with the court requesting an order requiring the certificate holder to show cause why the certificate holder should not be held in contempt. A motion under this subsection must be made not more than 28 days after the redemption notice is served on the certificate holder. The claimant must deliver a copy of the motion to the sheriff.
 (4) If a motion is filed under subsection (3) of this section:
 (a) The time for redemption of the property is automatically extended to 30 days after the accounting is provided by the certificate holder; and
 (b) The time for paying the redemption amount is automatically extended to 30 days after the accounting is provided by the certificate holder. [2005 c.542 §45; 2015 c.120 §4]
 Section 18.981 - Manner of payment.
 (2) A sheriff shall accept a cashier’s check as payment only if the cashier’s check is made payable to the sheriff and is drawn on a financial institution that is authorized to do business under the laws of Oregon or the United States. If any part of the redemption amount is paid with a cashier’s check, the sheriff shall give the purchaser a receipt for the funds in lieu of a certificate of redemption under ORS 18.975.
 (3) If any part of the redemption amount is paid with a cashier’s check, the sheriff shall deposit the check in a financial institution not later than the end of the first business day after the day on which the check is received. The check must be deposited in a separate account.
 (4) If the sheriff receives verification from a financial institution within 15 days after the date of the redemption that all cashier’s checks delivered to the sheriff for the redemption have received final settlement, and the sheriff is required to give a certificate of redemption under ORS 18.975, the sheriff shall mail to the claimant by first class mail a certificate of redemption and deliver to the certificate holder all amounts paid to the sheriff. If the sheriff is not required to give a certificate of redemption under ORS 18.975, the sheriff shall give the person tendering the amounts a receipt for the funds in lieu of a certificate of redemption, and shall deliver a certificate of redemption and the amounts paid to the sheriff only as provided in ORS 18.978 after a final decision by the court.
 (5) If the sheriff does not receive verification from a financial institution within 15 days after the checks are deposited that all cashier’s checks delivered to the sheriff have received final settlement, the redemption is void and the sheriff shall return to the claimant any cash tendered by the claimant and any amounts received for cashier’s checks for which final settlement was received, less any bank charges incurred for cashier’s checks and any other amount allowed by law.
 (6) As used in this section:
 (a) "Cashier’s check" has the meaning given that term in ORS 73.0104.
 (b) "Financial institution" has the meaning given that term in ORS 706.008. [2005 c.542 §46]
 Section 18.982 - Redemptioner must provide sheriff with address.
 Section 18.983 - Court may restrain waste.
 Section 18.985 - Sheriff’s deed.
 (2) Notwithstanding subsection (1) of this section, the court may direct the sheriff to execute a deed to a certificate holder before the expiration of the time allowed for redemption if the certificate holder establishes that the certificate holder has acquired the rights of all persons entitled to redeem. [2005 c.542 §48]
 SPECIAL RULES FOR SPECIFIC
 Section 18.986 - Manufactured dwellings and floating homes.
 (2) A manufactured dwelling or floating home that is held as inventory for sale or lease in the normal course of business must be levied on and sold in the same manner as provided for tangible personal property under ORS 18.860 to 18.993.
 (3) If the real property upon which a manufactured dwelling or floating home is located is not to be sold at the execution sale, and the manufactured dwelling or floating home is not held as inventory for sale or lease in the normal course of business, the manufactured dwelling or floating home must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993 except that:
 (a) The legal description required by ORS 18.875 (1)(e) need not be included in the instructions to the sheriff; and
 (b) The sheriff shall give the purchaser of a manufactured dwelling or floating home a bill of sale under ORS 18.940 and not a certificate of sale under ORS 18.942.
 (4) For the purposes of this section:
 (a) "Floating home" has the meaning given that term in ORS 830.700.
 (b) "Manufactured dwelling" has the meaning given that term in ORS 446.003. [2005 c.542 §49]
 Section 18.987 - Purchaser’s interest in land sale contract; leasehold interest in land with unexpired term of more than two years.
 (2) The legal description required by ORS 18.875 (1)(e) in instructions to a sheriff directing the sale of a purchaser’s interest in a land sale contract, as defined by ORS 18.960, or the sale of a leasehold interest in land with an unexpired term of more than two years must be of the property sold under the land sale contract, or of the real property subject to the lease.
 (3) There is no right of redemption if a purchaser’s interest in a land sale contract, as defined by ORS 18.960, is sold at an execution sale pursuant to a judgment enforcing the seller’s rights under the contract and if the judgment directing the sale of the purchaser’s interest indicates that the purchaser’s interest is sold without redemption rights. [2005 c.542 §50]
 Section 18.988 - Seller’s right to receive payments under land sale contract.
 (a) May not be sold pursuant to a writ of garnishment;
 (b) May be sold only under a writ of execution in conjunction with a sale of the seller’s interest in the real property; and
 (c) Must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993.
 (2) This section does not affect the ability of a judgment creditor to garnish payments owed to a seller under a land sale contract, as defined by ORS 18.960, that are due when the writ of garnishment is delivered or within 45 days after the writ of garnishment is delivered, as provided by ORS 18.685 (5). [2005 c.542 §51]
 Section 18.989 - Equitable interests in property.
 (a) An order or judgment specifically authorizes the sale of the equitable interest; and
 (b) The writ of execution specifically directs the sale of the equitable interest.
 (2) If a writ of execution specifically directs the sale of the equitable interest in property, the judgment creditor must submit a copy of the order or judgment authorizing the sale with the instructions to the sheriff required by ORS 18.875.
 (3) If a writ of execution specifically directs the sale of the equitable interest in real property, the equitable interest shall be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993.
 (4) A purchaser’s interest in a land sale contract, as defined by ORS 18.960, or a leasehold interest in land with an unexpired term of more than two years, may be sold pursuant to a writ of execution even though the sale is not specifically authorized by an order or judgment and the writ does not specifically direct the sale of the interest. [2005 c.542 §52]
 Section 18.992 - Referral of disputes to court.
 Section 18.993 - Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure.
 Section 18.995 - Owner not allowed to neglect foreclosed residential real property; local government to notify owner of violation; lien for unreimbursed costs.
 (a) "Foreclosed residential real property" means residential property, as defined in ORS 18.901, that an owner obtains as a result of:
 (A) Foreclosing a trust deed on the residential property; or
 (B) Receiving a judgment that forecloses a lien on the residential property.
 (b) "Neglect" means:
 (A) To fail or a failure to maintain the buildings, grounds or appurtenances of foreclosed residential real property in such a way as to allow:
 (i) Excessive growth of foliage that diminishes the value of adjacent property;
 (ii) Trespassers or squatters to remain on the foreclosed residential real property or in a structure located on the foreclosed residential real property;
 (iii) Mosquito larvae or pupae to grow in standing water on the foreclosed residential real property; or
 (iv) Other conditions on the foreclosed residential real property that cause or contribute to causing a public nuisance.
 (B) To fail or a failure to monitor the condition of foreclosed residential real property by inspecting the foreclosed residential real property at least once every 30 days with sufficient attention so as to prevent, or to identify and remedy, a condition described in subparagraph (A) of this paragraph.
 (c) "Owner" means a person, other than a local government, that forecloses a trust deed by advertisement and sale under ORS 86.752 or by suit under ORS 88.010.
 (d) "Reasonable costs" means actual and demonstrable costs that are commensurate with and do not exceed the market rate for services necessary to remedy a condition of neglect, plus the actual and demonstrable costs of administering a contract for services to remedy a condition of neglect or the portion of the costs of a program to remedy conditions of neglect that are attributable to remedying a condition of neglect for specific foreclosed residential real property.
 (2)(a) An owner may not neglect the owner’s foreclosed residential real property during any period in which the foreclosed residential real property is vacant.
 (b) An owner shall provide the owner’s name or the name of the owner’s agent and a telephone number or other means for contacting the owner or agent to:
 (A) The neighborhood association for the neighborhood in which the foreclosed residential real property is located; or
 (B) An official that the local government designates to receive the information described in this paragraph.
 (c) An owner shall post a durable notice in a conspicuous location on the foreclosed residential real property that lists a telephone number for the owner or for the local government that a person may call to report a condition of neglect. The owner shall replace the notice if the notice is removed from the foreclosed residential real property during a period when the foreclosed residential real property is vacant.
 (d) An owner or the agent of an owner shall identify the owner of the foreclosed residential real property to the local government and shall provide to, and maintain with, the local government current contact information during a period when the foreclosed residential real property is vacant.
 (3)(a) If a local government finds a violation of subsection (2)(a) of this section, the local government shall notify the owner in writing of the foreclosed residential real property that is the subject of the violation and in accordance with paragraph (b) or (c) of this subsection, as appropriate, shall specify a time within which the owner must remedy the condition of neglect that is the basis for the local government’s finding.
 (b) The local government shall allow the owner not less than 30 days to remedy the violation unless the local government makes a determination under paragraph (c) of this subsection and shall provide the owner with an opportunity to contest the local government’s finding at a hearing. The owner must contest the local government’s finding within 10 days after the local government notifies the owner of the violation.
 (c) If the local government determines that a specific condition of the foreclosed residential real property constitutes a threat to public health or safety, the local government may require an owner to remedy the specific condition in less than 30 days, provided that the local government specifies in the written notice the date by which the owner must remedy the specific condition. A local government may specify in the written notice different dates by which the owner must remedy separate conditions of neglect on the foreclosed residential real property.
 (4)(a) After a local government allows an owner the time specified in subsection (3)(b) of this section or makes a determination under subsection (3)(c) of this section, the local government may remedy or contract with another person to remedy neglect or a specific condition of neglect on foreclosed residential real property and require the owner to reimburse the local government for reasonable costs the local government incurs under this paragraph.
 (b) A local government that has incurred costs with respect to foreclosed residential real property under paragraph (a) of this subsection has a lien on the foreclosed residential real property for the sum of the local government’s unreimbursed costs. A lien created under this paragraph is prior to all other liens and encumbrances, except that the lien has equal priority with a tax lien. The lien attaches at the time the local government files a claim of lien with the county clerk of the county in which the foreclosed residential real property is located. A local government may bring an action in the circuit court to foreclose the lien in the manner provided for foreclosing other liens on real or personal property. [2013 c.317 §1]
 Note: 18.995 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 18 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 18.999 - Recovery of expenses incurred in enforcing judgment and certain other monetary obligations.
 (1) When a plaintiff receives moneys under a garnishment, attachment or payment, the plaintiff may proceed as follows:
 (a) Before crediting the total amount of moneys received against the judgment or debt, the plaintiff may recover and keep from the total amount received under the garnishment, attachment or payment any moneys allowed to be recovered under this section.
 (b) After recovering moneys as allowed under paragraph (a) of this subsection, the plaintiff shall credit the remainder of the moneys received against the judgment or debt as provided by law.
 (2) Moneys recovered under subsection (1)(a) of this section shall not be considered moneys paid on and to be credited against the original judgment or debt sought to be enforced. No additional judgment is necessary to recover moneys in the manner provided in subsection (1)(a) of this section.
 (3) The only moneys a plaintiff may recover under subsection (1)(a) of this section are those described in subsection (4) of this section that the plaintiff has paid to enforce the existing specific judgment or debt that the specific garnishment or attachment was issued to enforce or upon which the payment was received. Moneys recoverable under subsection (1)(a) of this section remain recoverable and, except as provided under subsection (8) of this section, may be recovered from moneys received by the plaintiff under subsequent garnishments, attachments or payments on the same specific judgment or debt.
 (4) This section allows the recovery only of the following:
 (a) Statutorily established moneys that meet the requirements under subsection (3) of this section, as follows:
 (A) Garnishee’s search fees under ORS 18.790.
 (B) Fees for delivery of writs of garnishment under ORS 18.652.
 (C) Circuit court fees as provided under ORS 21.235 and 21.258.
 (D) County court fees as provided under ORS 5.125.
 (E) County clerk recording fees as provided in ORS 205.320.
 (F) Actual fees or disbursements made under ORS 21.300.
 (G) Costs of execution as provided in ORS 105.112.
 (H) Fees paid to an attorney for issuing a garnishment in an amount not to exceed $45 for each garnishment.
 (I) Costs of an execution sale as described in ORS 18.950 (2).
 (J) Fees paid under ORS 21.200 for motions and responses to motions filed after entry of a judgment.
 (K) Amounts paid to a sheriff for the fees and expenses of executing a warrant under ORS 105.510.
 (L) Fees added to liquidated and delinquent debts under ORS 305.084 (4).
 (b) Interest on the amounts specified in paragraph (a) of this subsection at the rate provided for judgments in ORS 82.010 for the period of time beginning with the expenditure of the amount and ending upon recovery of the amount under this section.
 (5) The plaintiff shall be responsible for doing all of the following:
 (a) Maintaining a precise accounting of moneys recovered under subsection (1)(a) of this section and making the accounting available for any proceeding relating to that judgment or debt.
 (b) Providing reasonable notice to the defendant of moneys the plaintiff recovers under subsection (1)(a) of this section.
 (6) Moneys recovered under subsection (1)(a) of this section remain subject to all other provisions of law relating to payments, or garnished or attached moneys including, but not limited to, those relating to exemption, claim of exemption, overpayment and holding periods.
 (7) Nothing in this section limits the right of a plaintiff to recover moneys described in this section or other moneys in any manner otherwise allowed by law.
 (8) A writ of garnishment or attachment is not valid if issued solely to recover moneys recoverable under subsection (1)(a) of this section unless the right to collect the moneys is first reduced to a judgment or to a debt enforceable under ORS 18.854. [Formerly 18.910; 2007 c.860 §§11,31; 2009 c.659 §§5,7; 2011 c.366 §§3,4; 2011 c.595 §115; 2013 c.685 §39; 2017 c.644 §8; 2017 c.663 §19]
 Note: The amendments to 18.999 by section 8, chapter 644, Oregon Laws 2017, become operative July 1, 2018. See section 12, chapter 644, Oregon Laws 2017. The text that is operative until July 1, 2018, including amendments by section 19, chapter 663, Oregon Laws 2017, is set forth for the user’s convenience.
 This section establishes the right of a plaintiff to recover certain moneys the plaintiff has expended to recover a debt under ORS 18.854 or to enforce a judgment and establishes procedures for that recovery. The following apply to this section:
 (1) When a plaintiff receives moneys under a garnishment, attachment or payment, the plaintiff may proceed as follows:
 (a) Before crediting the total amount of moneys received against the judgment or debt, the plaintiff may recover and keep from the total amount received under the garnishment, attachment or payment any moneys allowed to be recovered under this section.
 (b) After recovering moneys as allowed under paragraph (a) of this subsection, the plaintiff shall credit the remainder of the moneys received against the judgment or debt as provided by law.
 (2) Moneys recovered under subsection (1)(a) of this section shall not be considered moneys paid on and to be credited against the original judgment or debt sought to be enforced. No additional judgment is necessary to recover moneys in the manner provided in subsection (1)(a) of this section.
 (3) The only moneys a plaintiff may recover under subsection (1)(a) of this section are those described in subsection (4) of this section that the plaintiff has paid to enforce the existing specific judgment or debt that the specific garnishment or attachment was issued to enforce or upon which the payment was received. Moneys recoverable under subsection (1)(a) of this section remain recoverable and, except as provided under subsection (8) of this section, may be recovered from moneys received by the plaintiff under subsequent garnishments, attachments or payments on the same specific judgment or debt.
 (4) This section allows the recovery only of the following:
 (a) Statutorily established moneys that meet the requirements under subsection (3) of this section, as follows:
 (A) Garnishee’s search fees under ORS 18.790.
 (B) Fees for delivery of writs of garnishment under ORS 18.652.
 (C) Circuit court fees as provided under ORS 21.235 and 21.258.
 (D) County court fees as provided under ORS 5.125.
 (E) County clerk recording fees as provided in ORS 205.320.
 (F) Actual fees or disbursements made under ORS 21.300.
 (G) Costs of execution as provided in ORS 105.112.
 (H) Fees paid to an attorney for issuing a garnishment in an amount not to exceed $45 for each garnishment.
 (I) Costs of an execution sale as described in ORS 18.950 (2).
 (J) Fees paid under ORS 21.200 for motions and responses to motions filed after entry of a judgment.
 (K) Amounts paid to a sheriff for the fees and expenses of executing a warrant under ORS 105.510.
 (b) Interest on the amounts specified in paragraph (a) of this subsection at the rate provided for judgments in ORS 82.010 for the period of time beginning with the expenditure of the amount and ending upon recovery of the amount under this section.
 (5) The plaintiff shall be responsible for doing all of the following:
 (a) Maintaining a precise accounting of moneys recovered under subsection (1)(a) of this section and making the accounting available for any proceeding relating to that judgment or debt.
 (b) Providing reasonable notice to the defendant of moneys the plaintiff recovers under subsection (1)(a) of this section.
 (6) Moneys recovered under subsection (1)(a) of this section remain subject to all other provisions of law relating to payments, or garnished or attached moneys including, but not limited to, those relating to exemption, claim of exemption, overpayment and holding periods.
 (7) Nothing in this section limits the right of a plaintiff to recover moneys described in this section or other moneys in any manner otherwise allowed by law.
 (8) A writ of garnishment or attachment is not valid if issued solely to recover moneys recoverable under subsection (1)(a) of this section unless the right to collect the moneys is first reduced to a judgment or to a debt enforceable under ORS 18.854.
 Note: Section 21 (1), chapter 663, Oregon Laws 2017, provides:
 Sec. 21. (1) The amendments to ORS 18.999 and 21.235 (2) by sections 19 and 20 of this 2017 Act apply to writs of garnishment issued on or after October 1, 2017.
 [2017 c.663 §21 (1)]
 Note: 18.999 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 18 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Chapter 019 - Appeals
 Section 19.005 - Definitions.
 (1) "Exhibits" means exhibits offered and received or rejected in the trial court.
 (2) "Judgment" means a judgment or appealable order, as provided in ORS 19.205.
 (3) "Notice of appeal" includes a notice of cross-appeal.
 (4) "Record" or "record of the case" means the trial court file and any transcript, narrative statement and exhibits.
 (5) "Supersedeas undertaking" means an undertaking on appeal that secures performance of a judgment being appealed and operates to stay enforcement of the judgment pending appeal.
 (6) "Transcript" means the transcript of the court reporter’s report as provided in ORS 8.340, 8.350 and 8.360 and any transcript of an audio record prepared under ORS 19.370.
 (7) "Trial court file" means all the original papers filed in the trial court whether before or after judgment, including but not limited to the summons and proof of service thereof, pleadings, motions, affidavits, depositions, stipulations, orders, jury instructions, the judgment, the notice of appeal and the undertaking on appeal.
 (8) "Undertaking for costs" means an undertaking on appeal that secures payment of costs and disbursements that may be awarded against an appellant on appeal, and any amounts that may be awarded to the respondent under the provisions of ORS 19.445.
 (9) "Undertaking on appeal" means a promise secured by sureties or by money, bond or any other security described in ORS 22.020. "Undertaking on appeal" includes undertakings for costs and supersedeas undertakings. [1959 c.558 §2; 1985 c.734 §2; 1997 c.71 §12; 1997 c.389 §23; 1997 c.801 §124; 1999 c.59 §9; 1999 c.367 §5; 2003 c.576 §280]
 Section 19.010
 Section 19.013
 Section 19.015
 Section 19.020
 Section 19.023
 Section 19.026
 Section 19.028
 Section 19.029
 Section 19.030
 Section 19.033
 Section 19.034
 Section 19.035
 Section 19.060
 Section 19.065
 Section 19.069
 Section 19.078
 Section 19.080
 Section 19.084
 Section 19.088
 Section 19.095
 Section 19.104
 Section 19.111
 Section 19.114
 Section 19.118
 Section 19.125
 Section 19.130
 Section 19.140
 Section 19.160
 Section 19.170
 Section 19.180
 Section 19.190
 Section 19.200
 Section 19.205 - Appealable judgments and orders.
 (2) An order in an action that affects a substantial right, and that effectively determines the action so as to prevent a judgment in the action, may be appealed in the same manner as provided in this chapter for judgments.
 (3) An order that is made in the action after a general judgment is entered and that affects a substantial right, including an order granting a new trial, may be appealed in the same manner as provided in this chapter for judgments.
 (4) No appeal to the Court of Appeals shall be taken or allowed in any action for the recovery of money or damages only unless it appears from the pleadings that the amount in controversy exceeds $250.
 (5) An appeal may be taken from the circuit court in any special statutory proceeding under the same conditions, in the same manner and with like effect as from a judgment or order entered in an action, unless appeal is expressly prohibited by the law authorizing the special statutory proceeding.
 (6) Nothing in ORS chapter 18 affects the authority of an appellate court to dismiss an appeal or to remand a proceeding to the trial court under ORS 19.270 (4) based on the appellate court’s determination that the appeal has not been taken from an appealable judgment or order. [Formerly 19.010; 2003 c.576 §85]
 Section 19.210
 Section 19.215 - Determining amount in controversy in class action for purposes of appeal.
 Section 19.220
 Section 19.225 - Appealability of certain orders in class actions.
 Section 19.230
 Section 19.235 - Jurisdiction for determining whether decision is appealable.
 (2) If the trial court determines that the decision is not appealable, the trial court, in its discretion, may proceed through entry of judgment or stay proceedings pending an appellate court determination of the existence of an appealable decision. The trial court may refer the question of the existence of an appealable decision to the court to which the appeal is taken. Neither an order by the trial court to proceed through entry of judgment, an order by the trial court to stay proceedings pending an appellate court determination, nor a trial court referral of the question of the existence of an appealable decision to the appellate court is appealable. However, on motion of any party or on its own motion the appellate court may stay proceedings in the trial court or stay any order or judgment entered by the trial court pending a final determination of appealability.
 (3) When a party by motion, the trial court by referral or the appellate court on its own motion raises the issue whether the decision is appealable, the appellate court may make a summary determination of the appealability of the decision. A summary determination of the appealability of a decision under this subsection is subject to review by the Supreme Court as provided in ORS 2.520 except that the petition for review shall be served and filed within 14 days after the date of the court’s determination. Either the Court of Appeals or the Supreme Court may shorten the time period within which the petition for review shall be filed. A petition for review of a determination under this subsection shall not be treated as a request for reconsideration by the Court of Appeals. The Supreme Court shall expedite its review of the Court of Appeals’ summary determination under this subsection.
 (4)(a) The trial court’s authority to proceed with a case under subsection (2) of this section shall end when the appellate court has made an express determination that an appeal has been taken from an appealable order or judgment, all means for obtaining review of that determination under subsection (3) of this section have been exhausted, and the State Court Administrator at the direction of the court has mailed copies of the final appellate court determination to the trial court and the parties; otherwise, the trial court’s jurisdiction shall continue.
 (b) No action by the trial court taken pursuant to subsections (1) and (2) of this section, except for entry of judgment, shall be void solely because an appellate court later determines that a notice of appeal was filed from an appealable decision. [Formerly 19.034]
 Section 19.240 - How appeal to Court of Appeals taken.
 (2) The appeal shall be taken by causing a notice of appeal, in the form prescribed by ORS 19.250, to be served:
 (a) On all parties who have appeared in the action, suit or proceeding;
 (b) On the trial court administrator; and
 (c) On the trial court transcript coordinator if a transcript is designated in connection with the appeal.
 (3) The original of the notice with proof of service indorsed thereon or affixed thereto shall be filed with the Court of Appeals. [Formerly 19.023; 1999 c.367 §2]
 Section 19.245 - Who may appeal; appeal of default judgments and judgments taken by confession; appeal of stipulated judgments.
 (2) A party to a judgment given by confession or for want of an answer may not appeal from the judgment except as follows:
 (a) A plaintiff, third party plaintiff or a party who pleaded a cross-claim or counterclaim may appeal from the judgment if the judgment is not in accord with the relief demanded in the complaint.
 (b) A defendant may appeal from the judgment if the trial court has entered a default judgment against the defendant as a sanction or has denied a motion to set aside a default order or judgment.
 (c) A defendant may appeal from the judgment if it is void.
 (3) A party to a stipulated judgment may appeal from the judgment only if:
 (a) The judgment specifically provides that the party has reserved the right to appellate review of a ruling of the trial court in the cause; and
 (b) The appeal presents a justiciable controversy. [Formerly 19.020; 1999 c.367 §1; 2001 c.541 §1]
 Section 19.250 - Contents of notice of appeal.
 (a) The title of the cause. The party appealing a judgment must be designated the appellant and the adverse party the respondent, but the title of the action or proceeding is not otherwise changed by reason of the appeal.
 (b) The names of the parties and their attorneys.
 (c)(A) If an appellant is not represented by an attorney, a postal address for the appellant and either an electronic mail address for the appellant or a statement that the appellant does not have an electronic mail address.
 (B) If the appellant is represented by an attorney, a postal address and electronic mail address for the attorney.
 (d) A notice to each party that appeared in the action or proceeding, or to the attorney for the party, that an appeal is taken from the judgment or some specified part of the judgment and designating the adverse parties to the appeal. The notice of appeal must contain the postal address and electronic mail address, if known to the appellant, for all other parties designated as parties to the appeal.
 (e) A designation of those portions of the proceedings and exhibits to be included in the record in addition to the trial court file. The appellant may amend the designation of record at any time after filing the notice of appeal until 35 days after the filing of a certificate of preparation for the transcript under ORS 19.370 (3). The amendment must be made by filing and serving in the same manner as a notice of appeal a notice of amended designation of record. The amended designation must clearly indicate those portions of the proceedings and exhibits being added to or deleted from the original designation of record. The designation may not be later amended by the appellant unless the appellate court so orders.
 (f) A plain and concise statement of the points on which the appellant intends to rely. On appeal, the appellant may rely on no other points than those set forth in such statement. If the appellant has designated for inclusion in the record all the testimony and all the instructions given and requested, no statement of points is necessary. Not later than the 15th day following the filing of the certificate of preparation for the transcript under ORS 19.370 (3), the appellant may serve and file an amended statement of points. Except by approval of the court, the appellant may then rely on no other points than those set forth in such amended statement.
 (g) The signature of the appellant or attorney for the appellant.
 (2) Within 14 days after the filing of the notice of appeal or amended designation of record, any other party may serve and file a designation of additional parts of the proceedings and exhibits to be included in the record. Such designation must be served and filed as provided for the serving and filing of a notice of appeal under ORS 19.240 and 19.260. If such party also appeals, the designation must be included in the notice of appeal of the party and may not be served and filed separately. [Formerly 19.029; 1999 c.367 §3; 2013 c.685 §4]
 Section 19.255 - Time for service and filing of notice of appeal.
 (2) If a motion for a new trial is filed and served within the time allowed by ORCP 64, or a motion for judgment notwithstanding the verdict is filed and served within the time allowed by ORCP 63, a notice of appeal must be served and filed:
 (a) Within 30 days after the order disposing of the motion is entered in the register, or within 30 days after the motion is deemed denied under ORCP 63 D or 64 F, whichever is first; or
 (b) Within the time allowed by subsection (1) of this section, if the period of time provided for in subsection (1) of this section expires later than the period of time provided for in paragraph (a) of this subsection.
 (3) Any other party who has appeared in the action, suit or proceeding, desiring to appeal against the appellant or any other party to the action, suit or proceeding, may serve and file notice of appeal within 10 days after the expiration of the time allowed by subsections (1) and (2) of this section. Any party not an appellant or respondent, but who becomes an adverse party to a cross appeal, may cross appeal against any party to the appeal by a written statement in the brief.
 (4) Except as otherwise ordered by the appellate court, when more than one notice of appeal is filed, the date on which the last such notice was filed shall be used in determining the time for preparation of the transcript, filing briefs and other steps in connection with the appeal. [Formerly 19.026; 2003 c.281 §1]
 Section 19.260 - Filing by mail or delivery.
 (A) Mailed by registered or certified mail and the party filing the notice has proof from the United States Postal Service of the mailing date; or
 (B) Mailed or dispatched via the United States Postal Service or a commercial delivery service by a class of delivery calculated to achieve delivery within three calendar days, and the party filing the notice has proof from the United States Postal Service or the commercial delivery service of the mailing or dispatch date.
 (b) Proof of the date of mailing or dispatch under this subsection must be certified by the party filing the notice and filed thereafter with the court to which the appeal is taken. Any record of mailing or dispatch from the United States Postal Service or the commercial delivery service showing the date that the party initiated mailing or dispatch is sufficient proof of the date of mailing or dispatch. If the notice is received by the court on or before the date by which the notice is required to be filed, the party filing the notice is not required to file proof of mailing or dispatch.
 (2)(a) Service of notice of appeal on a party, transcript coordinator or the trial court administrator, or service of a petition for judicial review on a party or administrative agency may be accomplished by:
 (A) First class, registered or certified mail; or
 (B) Mail or dispatch for delivery via the United States Postal Service or a commercial delivery service by a class of delivery calculated to achieve delivery within three calendar days.
 (b) The date of serving the notice under this subsection is the date of mailing or dispatch. The party filing the notice must certify the date and method of service.
 (3) Notwithstanding subsections (1) and (2) of this section, if the party filing a notice of appeal is involuntarily confined in a state or local governmental facility, the date of filing of a notice of appeal in the Court of Appeals or the Supreme Court, and the date of service under subsection (2) of this section, is the date on which the party delivers the original notice of appeal, and the appropriate number of copies of the notice for service under subsection (2) of this section, to the person or place designated by the facility for handling outgoing mail.
 (4) Except as otherwise provided by law, the provisions of this section are applicable to petitions for judicial review, cross petitions for judicial review and petitions under the original jurisdiction of the Supreme Court or Court of Appeals. [Formerly 19.028; 1999 c.367 §6; 2011 c.310 §1; 2015 c.80 §1]
 Section 19.265 - Payment of filing fee.
 Section 19.270 - Appellate jurisdiction of Supreme Court and Court of Appeals; trial court jurisdiction to enter appealable judgment or order.
 (a) Deciding requests for attorney fees, costs and disbursements or expenses pursuant to ORCP 68 or other provision of law.
 (b) Enforcing the judgment, subject to any stay of the judgment.
 (c) Deciding a motion for judgment notwithstanding the verdict under ORCP 63.
 (d) Deciding a motion for new trial under ORCP 64.
 (e) Deciding a motion for relief from judgment under ORCP 71 B.
 (2) The following requirements of ORS 19.240, 19.250 and 19.255 are jurisdictional and may not be waived or extended:
 (a) Service of the notice of appeal on all parties identified in the notice of appeal as adverse parties or, if the notice of appeal does not identify adverse parties, on all parties who have appeared in the action, suit or proceeding, as provided in ORS 19.240 (2)(a), within the time limits prescribed by ORS 19.255.
 (b) Filing of the original of the notice of appeal with the Court of Appeals as provided in ORS 19.240 (3), within the time limits prescribed by ORS 19.255.
 (3) After the Supreme Court or the Court of Appeals has acquired jurisdiction of the cause, the omission of a party to perform any of the acts required in connection with an appeal, or to perform such acts within the time required, shall be cause for dismissal of the appeal. In the event of such omission, the court, on motion of a party or on its own motion may dismiss the appeal. An appeal dismissed on a party’s motion or on the court’s own motion may be reinstated upon showing of good cause.
 (4) Notwithstanding the filing of a notice of appeal, the trial court has jurisdiction, with leave of the appellate court, to enter an appealable judgment or order if the appellate court determines that:
 (a) At the time of the filing of the notice of appeal the trial court intended to enter an appealable judgment or order; and
 (b) The judgment or order from which the appeal is taken is defective in form or was entered at a time when the trial court did not have jurisdiction of the cause under subsection (1) of this section, or the trial court had not yet entered an appealable judgment or order.
 (5) Notwithstanding the filing of a notice of appeal, the trial court has jurisdiction:
 (a) To enter in the trial court register a judgment or order that the trial judge signed before the notice of appeal was filed;
 (b) To enter an order or supplemental judgment under ORCP 71 or ORS 19.275, 107.105 (4) or 107.452; and
 (c) To enter an order or supplemental judgment for the purpose of implementing a settlement as allowed by ORS 19.410 (3).
 (6) Jurisdiction of the appellate court over a cause ends when a copy of the appellate judgment is mailed by the State Court Administrator to the court from which the appeal was taken pursuant to ORS 19.450, except that the appellate court may:
 (a) Recall the appellate judgment as justice may require;
 (b) Stay enforcement of the appellate judgment to allow the filing of a petition for writ of certiorari to the Supreme Court of the United States; and
 (c) Stay enforcement of the appellate judgment pending disposition of the matter by the Supreme Court of the United States or for such other time as the Oregon appellate court may deem appropriate.
 (7) If a limited or supplemental judgment is appealed, the jurisdiction of the appellate court is limited to the matters decided by the limited or supplemental judgment, and the trial court retains jurisdiction over all other matters in the proceeding.
 (8) After jurisdiction of the appellate court ends, all orders which may be necessary to carry the appellate judgment into effect shall be made by the court from which the appeal was taken. [Formerly 19.033; 2003 c.576 §86; 2005 c.568 §25c; 2007 c.66 §1; 2013 c.10 §1]
 Section 19.275 - Continuing jurisdiction of trial court in certain domestic relations cases.
 (2) The trial court in its discretion may proceed to hear and decide a motion under this section or may hold the motion in abeyance pending disposition of the appeal.
 (3) Pursuant to the provisions of ORS 19.205, the court’s decision on a motion under this section is a supplemental judgment. The appellate court in its discretion may consolidate an appeal from a supplemental judgment under this section with the pending appeal of the general judgment in the case, may direct that both appeals be heard at the same time or may allow the appeals to proceed independently. [1997 c.71 §11; 2003 c.576 §87; 2005 c.568 §26]
 Section 19.300 - Undertakings on appeal generally; filing and service.
 (2) A supersedeas undertaking may be served and filed by an appellant at any time while a case is pending on appeal.
 (3) The original of an undertaking on appeal, with proof of service, must be filed with the trial court administrator. A copy of the undertaking must be served on each adverse party on appeal in the manner prescribed by ORCP 9 B. [1997 c.71 §2; 1999 c.367 §7]
 Section 19.305 - Qualifications of sureties; objections.
 (2) A surety for an undertaking on appeal must be qualified as provided in ORCP 82. The amount of liability assumed by a surety or letter of credit issuer must be stated in the undertaking. The liability of a surety or letter of credit issuer is limited to the amount specified in the undertaking.
 (3) Objections to the sufficiency of an undertaking on appeal, including the objections to the amount of the undertaking and to the sufficiency of the security for the undertaking, must be filed in and determined by the trial court in the manner provided by ORCP 82. Notwithstanding ORCP 82 F, objections to the undertaking must be filed within 14 days after the date on which a copy of the undertaking is served on the party who objects to the undertaking. [1997 c.71 §3]
 Section 19.310 - Waiver, reduction or limitation of undertaking.
 (2) The trial court may waive, reduce or limit an undertaking on appeal upon a showing of good cause, including indigence, and on such terms as are just and equitable. [1997 c.71 §4; 1999 c.367 §8]
 Section 19.312 - Supersedeas undertaking in certain actions against tobacco product manufacturer.
 (a) The tobacco product manufacturer is subject to the requirements of ORS 323.806; and
 (b) The state is not a plaintiff.
 (2) In any civil action described in subsection (1) of this section, the supersedeas undertaking required of the tobacco product manufacturer, or of an affiliate or successor of the tobacco product manufacturer, as a condition of a stay of judgment throughout all appeals or discretionary appellate review, shall be established in the manner provided by the laws and court rules of this state applicable to supersedeas undertakings, but the amount of the supersedeas undertaking may not exceed $150 million.
 (3) If at any time after the posting of the supersedeas undertaking pursuant to the provisions of this section the court determines that a tobacco product manufacturer, affiliate or successor, outside of the ordinary course of its business, is purposely dissipating or diverting assets for the purpose of avoiding payment on final judgment in the action, the court may condition continuance of the stay on an order requiring that the tobacco product manufacturer, affiliate or successor post a supersedeas undertaking in an amount up to the full amount of the judgment.
 (4) The provisions of this section apply to any supersedeas undertaking required for a judgment entered by a court of this state and to any security required as a condition of staying enforcement of a foreign judgment under the provisions of ORS 24.135 (2). [2003 c.804 §87; 2005 c.22 §9]
 Section 19.315 - Requirements for use of letter of credit.
 (a) The name and address of the issuing bank, the date of issuance and the limit of the bank’s liability under the letter of credit.
 (b) The name of the court that entered the judgment being appealed and the title and file number of the case for which the judgment was entered.
 (c) The name and address of the party who is filing the undertaking or, if the party is represented by an attorney, the name and address of the attorney.
 (d) The name and address of the beneficiary or, if the beneficiary is represented by an attorney, the name and address of the attorney for the beneficiary.
 (e) A statement that the issuing bank will pay to the beneficiary, up to the limit stated in the letter of credit, the amount of any drafts submitted to the issuing bank under ORS 19.325.
 (2) An irrevocable letter of credit filed in support of an undertaking on appeal may be issued only by an insured institution, as defined in ORS 706.008, that has an office or other facility in this state or that has a registered agent in this state.
 (3) A letter of credit under this section may contain an expiration date. Any letter of credit containing an expiration date must comply with ORS 19.320.
 (4) A party filing a letter of credit in support of an undertaking on appeal and the party for whose benefit an undertaking is filed may by agreement waive any of the requirements of subsection (1) of this section. [1997 c.172 §2; 1999 c.59 §10]
 Section 19.320 - Expiration and renewal of letter of credit.
 (2) A bank that issues a letter of credit may elect not to renew a letter of credit by giving written notice to the following persons:
 (a) To the party that files the letter of credit, at the address stated in the letter of credit, or, if the attorney for the party is named in the letter of credit, to the attorney at the address stated in the letter of credit.
 (b) To the beneficiary, at the address stated in the letter of credit, or, if the attorney for the beneficiary is named in the letter, to the attorney at the address stated in the letter of credit.
 (3) Notice of nonrenewal under subsection (2) of this section must be given by certified mail. The notice must be mailed at least 60 days before the expiration date reflected on the letter of credit or 60 days before the end of any subsequent automatic renewal period.
 (4) If an issuing bank has given notice of nonrenewal under the provisions of this section, the bank must pay to the trial court administrator who is holding the letter of credit the amount stated in the letter of credit as the limit of the bank’s liability unless the beneficiary gives written notice to the bank that the letter of credit has been released. A beneficiary shall promptly notify the issuing bank in writing if the court has entered an order releasing the letter of credit.
 (5) Any amount paid by an issuing bank to a trial court administrator under subsection (4) of this section shall be treated as a deposit of money under ORS 22.020. Any amount that is not paid out to the beneficiary pursuant to the appellate judgment shall be refunded to the bank making the deposit. [1997 c.172 §3; 1999 c.367 §9]
 Section 19.325 - Payment on letter of credit.
 (2) Except as provided in this section, a draft submitted by a beneficiary under this section need not be in any particular form. The draft must be dated, must be for a specific sum of money and must contain the following language:
 ______________________________________________________________________________
 Pay to the order of the undersigned beneficiary the amount of this draft. The undersigned beneficiary hereby certifies that there is now an appellate judgment in this case pursuant to which the amount of the draft stated above is now due and owing to the beneficiary from the party on whose behalf the letter of credit was issued.
 ______________________________________________________________________________
 (3) In addition to the requirements of subsection (2) of this section, the following items must be attached to a draft submitted by a beneficiary under this section:
 (a) The original letter of credit under which the draft is drawn.
 (b) A copy of the appellate judgment certified by the State Court Administrator that shows the amount that the beneficiary is entitled to recover under the letter of credit.
 (4) If the issuing bank of a letter of credit does not honor a letter of credit, on motion of the beneficiary the trial court shall enter judgment against the issuing bank unless the bank establishes that the bank is not required under the law to honor the letter of credit. [1997 c.172 §4; 1999 c.367 §10]
 Section 19.330 - Stays generally.
 Section 19.335 - Stay by filing of supersedeas undertaking.
 (2) If a judgment requires the transfer or delivery of possession of real property, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will not commit waste or allow waste to be committed on the real property while the appellant possesses the property, and the appellant will pay the value of the use and occupation of the property for the period of possession if the judgment is affirmed. The value of the use and occupation during the period of possession must be stated in the undertaking.
 (3)(a) If a judgment requires the transfer or delivery of possession of personal property, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will obey the judgment of the appellate court, and that if the appellant does not obey the judgment, the appellant will pay an amount determined by the trial court and stated in the undertaking.
 (b) If a judgment requires the transfer or delivery of possession of personal property, the judgment is stayed without the filing of a supersedeas undertaking if the appellant transfers or delivers the personal property to the court or places the property in the custody of an officer or receiver appointed by the trial court.
 (4) If a judgment requires the foreclosure of a mortgage, lien or other encumbrance, and also requires payment of the debt secured by the mortgage, lien or other encumbrance, a supersedeas undertaking acts to stay that portion of the judgment that requires payment of the debt if the undertaking provides that the appellant will pay any portion of the judgment remaining unsatisfied after the sale of the property subject to the mortgage, lien or other encumbrance. The amount of the undertaking must be stated in the undertaking. The requirements of this subsection are in addition to any provisions in a supersedeas undertaking that may be required under subsection (2) or (3) of this section to stay delivery or transfer of property.
 (5) If a judgment requires the execution of a conveyance or other instrument, the judgment is stayed without the filing of a supersedeas undertaking if the appellant executes the instrument and deposits the instrument with the trial court administrator. Unless otherwise directed by the appellate court, the instrument must be held by the trial court administrator until issuance of the appellate judgment terminating the appeal.
 (6) Except as provided in ORCP 72, a stay of judgment described in this section takes effect only after the party has filed a notice of appeal and filed any supersedeas undertaking required for the stay. [1997 c.71 §6; 1999 c.367 §11; 2007 c.547 §5]
 Section 19.340 - Waiver of supersedeas undertaking; sale of perishables.
 (2) If a judgment that has been stayed requires the sale of perishable property, or if perishable property has been seized to satisfy or secure a judgment that has been stayed, the trial court may order that perishable property be sold and the proceeds of the sale deposited or invested until issuance of the appellate judgment terminating the appeal. [1997 c.71 §7]
 Section 19.345 - Enforcement of judgment in contract action notwithstanding appeal.
 Section 19.350 - Discretionary stay by court.
 (2) Except as provided in subsection (5) of this section, a party seeking a stay under the provisions of this section must first request a stay from the trial court. The trial court may act on a request for a stay before or after a notice of appeal is filed. The time for filing a notice of appeal is not tolled by the making of a request for a stay under this section or by the trial court’s action on the request.
 (3) The trial court shall consider the following factors in deciding whether to grant a stay under this section, in addition to such other factors as the trial court considers important:
 (a) The likelihood of the appellant prevailing on appeal.
 (b) Whether the appeal is taken in good faith and not for the purpose of delay.
 (c) Whether there is any support in fact or in law for the appeal.
 (d) The nature of the harm to the appellant, to other parties, to other persons and to the public that will likely result from the grant or denial of a stay.
 (4) The trial court has discretion to impose reasonable conditions on the grant of a stay under the provisions of this section. The court may require that a supersedeas undertaking be filed in a specified amount as a condition of granting a stay under the provisions of this section.
 (5) A party may request a stay pending appeal from the appellate court in the first instance, and the appellate court may act on that request without requiring the party to seek a stay from the trial court, if the party establishes that the filing of a request for a stay with the trial court would be futile or that the trial court is unable or unwilling to act on the request within a reasonable time. In considering a request for a stay under this subsection, the appellate court shall consider the factors set out in subsection (3) of this section in addition to any other factors the court considers important. [1997 c.71 §8]
 Section 19.355 - Stay of domestic relations judgment.
 (2) If an appellant seeks a stay of only specific provisions of a domestic relations judgment, the motion seeking the stay must identify those provisions of the judgment that are to be stayed. If the court allows a stay of only certain provisions of the judgment, the order of the court must specifically indicate those provisions. If a supersedeas undertaking is filed with the court for the purpose of staying specific provisions of the judgment, the undertaking must indicate the specific provisions of the judgment covered by the undertaking. A stay of any specific provision of a domestic relations judgment may be granted only if:
 (a) The specific provision is subject to stay under the provisions of this chapter; and
 (b) All requirements of this chapter for a stay of the provision are satisfied.
 (3) For the purposes of this section, "domestic relations judgment" means a judgment entered in proceedings under ORS chapter 107, 108 or 109. [1997 c.71 §10; 2003 c.576 §282]
 Section 19.360 - Appellate review of trial court orders relating to undertakings and stays.
 (2) The appellate court may review the decision of the trial court under the provisions of this section at any time after the filing of the notice of appeal. Notwithstanding ORS 19.415 (3), the appellate court shall review the decision de novo upon the record.
 (3) On de novo review under subsection (2) of this section, the record shall be restricted to the record made before the trial court unless:
 (a) There is additional relevant information relating to the period of time following the decision of the trial court that the appellate court determines to be important to review of the decision; or
 (b) The party submitting new information establishes that there was good cause for not submitting the information to the trial court.
 (4) On review of a trial court’s decision relating to a request for a stay pending appeal, an appellate court may remand the matter to the trial court for reconsideration, may vacate a stay granted by the trial court, may grant a stay, and may impose or modify terms and conditions on a stay. Upon receipt of a request for a stay pending appeal made to the appellate court in the first instance, the appellate court may remand the matter to the trial court for consideration in the first instance, may grant or deny a stay, and may impose terms and conditions on a stay issued by the appellate court. [1997 c.71 §9; 1999 c.294 §1; 2009 c.231 §4]
 Section 19.365 - Preparation and transmission of record generally.
 (2) The record on appeal consists of those parts of the trial court file, exhibits and record of oral proceedings in the trial court that are designated under ORS 19.250. The record of oral proceedings is the transcript prepared under ORS 19.370, an agreed narrative statement prepared under ORS 19.380 or the audio record if the appellate court has waived preparation of a transcript under ORS 19.385.
 (3) The trial court administrator shall make the trial court record available to the State Court Administrator in the manner specified by rules of the appellate court.
 (4) When it appears to the appellate court that the record on appeal is erroneous or that the record does not contain material that should have been part of the trial court file, and the erroneous or incomplete record substantially affects the merits of the appeal, on motion of a party or on its own motion the appellate court may make such order to correct or supplement the record as may be just.
 (5) If the record on appeal is not sufficient to allow the appellate court to review an assignment of error, the appellate court may decline to review the assignment of error and may dismiss the appeal if there are no other assignments of error that may be reviewed.
 (6) Except as provided by rules of the appellate court, the State Court Administrator shall return the trial court file and the exhibits to the trial court administrator upon issuance of the appellate judgment disposing of the appeal. [Formerly 19.065; 2013 c.685 §5]
 Section 19.370 - Certification and service of transcript; correction of errors; settlement of transcript.
 (2) A transcriber shall prepare a transcript in the format prescribed by the court by the later of:
 (a) Thirty days after the filing of the notice of appeal; or
 (b) Thirty days after the expiration of any abeyance of the appeal imposed by reason of the referral of the appeal to the appellate settlement program established by the Court of Appeals pursuant to ORS 2.560.
 (3) Immediately after preparing a transcript, the transcriber shall:
 (a) Serve a copy of the transcript on the parties to the appeal in the manner required by subsection (4) of this section; and
 (b) File a certificate of preparation for the transcript with the State Court Administrator. The certificate must indicate that the transcript has been served in the manner required by subsection (4) of this section. A copy of the certificate must be served on the trial court administrator, the transcript coordinator and the parties.
 (4) A transcriber may agree with a party or an attorney on the manner in which a transcript will be served. If there is no agreement, a transcriber shall serve a transcript in the following manner:
 (a) Subject to paragraph (d) of this subsection, if an appellant is not represented by an attorney, the transcriber shall serve an electronic copy of the transcript on the appellant at the electronic mail address provided by the appellant unless the appellant specifically requests that a paper copy of the transcript be mailed to the appellant at the postal address indicated in the notice of appeal. If an electronic mail address for the appellant does not appear in the notice of appeal, the transcriber shall mail a paper copy of the transcript to the appellant at the postal address indicated in the notice of appeal.
 (b) Subject to paragraph (d) of this subsection, if a respondent is not represented by an attorney, the transcriber shall mail a paper copy of the transcript to the respondent at the postal address indicated in the notice of appeal unless the respondent specifically requests that the transcriber serve an electronic copy of the transcript on the respondent at the electronic mail address provided by the respondent.
 (c) If a party is represented by an attorney, the transcriber shall serve an electronic copy of the transcript on the attorney at the electronic mail address of the attorney identified in the notice of appeal.
 (d) If two or more unrepresented appellants request paper copies of a transcript under paragraph (a) of this subsection, or two or more unrepresented respondents request paper copies of a transcript under paragraph (b) of this subsection, the transcriber shall deposit a copy of the transcript with the trial court administrator for the use of the unrepresented parties. The copy must be in the medium specified by the trial court administrator. The transcriber shall serve notice on the unrepresented parties that the transcript has been deposited with the trial court administrator, and file proof of that service with the trial court administrator and with the State Court Administrator. Deposit of a copy of a transcript with the trial court administrator under this paragraph constitutes service of the transcript on the unrepresented parties to the appeal.
 (5) If two or more transcribers are preparing parts of the transcript, the certificate of preparation is considered filed under subsection (3) of this section when the final certificate of preparation is filed with the State Court Administrator.
 (6)(a) Within 15 days after a certificate of preparation is filed under subsection (3) of this section, any party may file a motion with the trial court for correction of errors appearing in the transcript or to have additional parts of the proceedings included in the transcript. If a certificate of preparation is filed with the State Court Administrator during any period that the appeal is in abeyance by reason of the referral of the appeal to the appellate settlement program established by the Court of Appeals pursuant to ORS 2.560, a motion under this subsection must be filed within 15 days after the expiration of the abeyance.
 (b) A copy of a motion to correct or add to the transcript made under this subsection must be served on the State Court Administrator. If the motion is denied, the trial court shall enter an order settling the transcript and transmit a copy of the order to the State Court Administrator.
 (c) If a motion is granted under this subsection, the trial court shall direct the making of such corrections and the adding of such matter as may be appropriate and shall fix the time within which such corrections or additions must be made. Immediately after preparing the corrected or additional transcript, the transcriber shall serve a copy of the transcript on the parties in the manner required by subsection (4) of this section, and file proof of that service with the trial court administrator, the transcript coordinator and the State Court Administrator. Upon receiving proof of service from all transcribers of the proceedings, the State Court Administrator shall issue a notice to the parties indicating that the transcript has been settled.
 (7) Unless a motion to correct or add to the transcript is made under subsection (6) of this section, a transcript is automatically settled 15 days after a certificate of preparation is filed under subsection (3) of this section. If a motion to correct or add to the transcript is made, the transcript is settled on the date that the State Court Administrator issues the notice to the parties under subsection (6) of this section.
 (8) When a transcript is settled, the State Court Administrator shall notify each transcriber who filed a certificate of preparation. Upon receiving the notice, a transcriber shall file an electronic copy of the transcript with the State Court Administrator in the manner and format prescribed by rules of the appellate court. [Formerly 19.078; 1999 c.367 §13; 2001 c.341 §1; 2001 c.962 §62; 2012 c.48 §7; 2013 c.685 §6]
 Section 19.375 - Cost of transcript.
 (2) The cost of preparing the transcript and copy shall be paid by the party designating it to be made, except that where a party has designated additional parts of the proceedings to be included in the transcript as provided in ORS 19.250 (2), the trial court on motion of such party may direct that the cost of preparing all or part of the additional parts of the transcript be paid by the appellant if it appears that such additional parts are necessary to the determination of the appeal. The cost of preparing the original and copy of the transcript shall be taxable as part of the costs on appeal. [Formerly 19.084]
 Section 19.380 - Agreed narrative statement.
 Section 19.385 - Audio records.
 Section 19.390 - Bill of exceptions not required.
 Section 19.395 - Time extensions for preparation of record.
 Section 19.400 - Where appeals heard.
 Section 19.405 - Certification of appeal to Supreme Court.
 (2) The Supreme Court, by order entered within 20 days after the date of receiving certification of an appeal from the Court of Appeals under subsection (1) of this section, may accept or deny acceptance of the certified appeal. The Supreme Court, by order entered within that 20-day period, may extend by not more than 10 days the time for acceptance or denial of acceptance of the certified appeal. If the Supreme Court accepts a certified appeal, the Court of Appeals shall transmit the record of the case and the briefs of parties to the Supreme Court, the Supreme Court shall have jurisdiction of the cause, and the appeal shall be considered pending in the Supreme Court without additional notice of appeal, filing fee, undertaking or, except as the Supreme Court may require, briefs of parties. A certified appeal shall remain pending in the Court of Appeals before the Supreme Court accepts or denies acceptance, and if the Supreme Court denies acceptance or fails to accept or deny acceptance within the time provided for in this subsection. The Supreme Court shall provide notice of acceptance or denial of acceptance of certification to the parties to the appeal. [Formerly 19.210]
 Section 19.410 - Stipulated dismissals; settlement; effect of settlement on pending appeal.
 (2) Dismissal of an appeal shall operate as an affirmance of the judgment being appealed if the appellate court so directs in the order of dismissal.
 (3) If the parties to an appeal settle all or part of the matter on appeal, the trial court has jurisdiction to enter any orders or judgments that may be necessary to implement the settlement. If the settlement disposes of all issues on appeal, the appellate court may dismiss the appeal. If the settlement disposes of part of the issues on appeal, the appellate court may limit the scope of the appeal to the issues not disposed of by the settlement. [Formerly 19.111]
 Section 19.415 - Scope of appellate review.
 (2) No judgment shall be reversed or modified except for error substantially affecting the rights of a party.
 (3) Upon an appeal in an equitable action or proceeding, review by the Court of Appeals shall be as follows:
 (a) Upon an appeal from a judgment in a proceeding for the termination of parental rights, the Court of Appeals shall try the cause anew upon the record; and
 (b) Upon an appeal in an equitable action or proceeding other than an appeal from a judgment in a proceeding for the termination of parental rights, the Court of Appeals, acting in its sole discretion, may try the cause anew upon the record or make one or more factual findings anew upon the record.
 (4) When the Court of Appeals has tried a cause anew upon the record or has made one or more factual findings anew upon the record, the Supreme Court may limit its review of the decision of the Court of Appeals to questions of law. [Formerly 19.125; 2003 c.576 §88; 2005 c.568 §27; 2009 c.231 §2]
 Section 19.420 - Action by appellate court on appeal; review of order granting new trial or judgment notwithstanding verdict; reversal upon loss or destruction of reporter’s notes or audio records.
 (2) Where in the trial court a motion for judgment notwithstanding the verdict and a motion for a new trial were made in the alternative, and an appeal is taken from a judgment notwithstanding the verdict or an order granting a new trial, the court to which the appeal is made may consider the correctness of the ruling of the trial court on either or both motions if such ruling is assigned as erroneous in the brief of any party affected by the appeal, without the necessity of a cross-appeal.
 (3) Whenever it appears that an appeal cannot be prosecuted, by reason of the loss or destruction, through no fault of the appellant, of the reporter’s notes or audio records, or of the exhibits or other matter necessary to the prosecution of the appeal, the judgment appealed from may be reversed and a new trial ordered as justice may require. [Formerly 19.130]
 Section 19.425 - Review of intermediate orders; directing restitution.
 Section 19.430 - Review of trial court order granting a new trial on court’s own initiative.
 Section 19.435 - Memorandum decisions.
 Section 19.440 - Award of attorney fees authorized by statute.
 (2) 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 an award of attorney fees in a mandamus proceeding arising out of the original proceeding, the statute shall be construed as authorizing or requiring the award of attorney fees in the mandamus proceeding.
 (3) The provisions of this section apply to statutes that authorize or require the award of attorney fees in administrative proceedings in addition to statutes that authorize or require the award of attorney fees in civil proceedings in courts. [Formerly 19.220; 2011 c.513 §1]
 Section 19.445 - Damages upon affirmance of judgment.
 Section 19.450 - Appellate judgment; when effective; effect of entry in trial court register; effect on judgment lien.
 (a) "Decision" means a memorandum opinion, an opinion indicating the author or an order denying or dismissing an appeal issued by the Court of Appeals or the Supreme Court. The decision shall state the court’s disposition of the judgment being appealed, and may provide for final disposition of the cause. The decision shall designate the prevailing party or parties, state whether a party or parties will be allowed costs and disbursements, and if so, by whom the costs and disbursements will be paid.
 (b) "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, together with an award of attorney fees or allowance of costs and disbursements, if any.
 (2) As to appeals from circuit and tax courts, the appellate judgment is effective when a copy of the appellate judgment is entered in the court’s register and mailed by the State Court Administrator to the court from which the appeal was taken. When the State Court Administrator mails a copy of the appellate judgment to the court from which the appeal was taken, the administrator also shall mail a copy to the parties to the appeal.
 (3) If a new trial is ordered, upon the receipt of the appellate judgment by the trial court administrator for the court below, the trial court administrator shall enter the appellate court’s decision in the register of the court below and thereafter the cause shall be deemed pending for trial in such court, according to the directions of the court which rendered the decision. If a new trial is not ordered, upon the receipt of the appellate judgment by the trial court administrator, a judgment shall be entered in the register according to the directions of the court which rendered the decision, in like manner and with like effect as if the same was given in the court below.
 (4) A party entitled to enforce an undertaking may obtain judgment against a surety by filing a request with the State Court Administrator and serving a copy of the request on the other parties and the surety. The request must identify the surety against whom judgment is to be entered and the amount of the judgment sought to be imposed against the surety. Unless otherwise directed by the appellate court, upon receiving the request the State Court Administrator shall include in the appellate judgment a judgment against the surety in the amount specified.
 (5) If the appellate judgment terminating an appeal contains a judgment against a surety for an undertaking, the trial court administrator shall enter the judgment against the surety in like manner and with like effect as if the judgment was given in the court below.
 (6) Except as provided in ORS 18.154, an appeal does not discharge the lien of a judgment and unless the judgment is reversed, the lien of the judgment merges with and continues in the affirmed or modified judgment given on appeal, from the time of the entry of the judgment in the court below. The lien of any judgment created by recording a certified copy of the judgment or a lien record abstract continues in force in the same manner as the original judgment lien as provided in this subsection. [Formerly 19.190; 1999 c.367 §16; 2003 c.576 §89]
 Section 19.500 - Service of documents under provisions of chapter.
 Section 19.510 - Powers of successor trial judge with respect to appeals.
 Chapter 020 - Attorney Fees; Costs and Disbursements
 Section 20.075 - Factors to be considered by court in awarding attorney fees; limitation on appellate review of attorney fee award.
 (a) The conduct of the parties in the transactions or occurrences that gave rise to the litigation, including any conduct of a party that was reckless, willful, malicious, in bad faith or illegal.
 (b) The objective reasonableness of the claims and defenses asserted by the parties.
 (c) The extent to which an award of an attorney fee in the case would deter others from asserting good faith claims or defenses in similar cases.
 (d) The extent to which an award of an attorney fee in the case would deter others from asserting meritless claims and defenses.
 (e) The objective reasonableness of the parties and the diligence of the parties and their attorneys during the proceedings.
 (f) The objective reasonableness of the parties and the diligence of the parties in pursuing settlement of the dispute.
 (g) The amount that the court has awarded as a prevailing party fee under ORS 20.190.
 (h) Such other factors as the court may consider appropriate under the circumstances of the case.
 (2) A court shall consider the factors specified in subsection (1) of this section in determining the amount of an award of attorney fees in any case in which an award of attorney fees is authorized or required by statute. In addition, the court shall consider the following factors in determining the amount of an award of attorney fees in those cases:
 (a) The time and labor required in the proceeding, the novelty and difficulty of the questions involved in the proceeding and the skill needed to properly perform the legal services.
 (b) The likelihood, if apparent to the client, that the acceptance of the particular employment by the attorney would preclude the attorney from taking other cases.
 (c) The fee customarily charged in the locality for similar legal services.
 (d) The amount involved in the controversy and the results obtained.
 (e) The time limitations imposed by the client or the circumstances of the case.
 (f) The nature and length of the attorney’s professional relationship with the client.
 (g) The experience, reputation and ability of the attorney performing the services.
 (h) Whether the fee of the attorney is fixed or contingent.
 (3) In any appeal from the award or denial of an attorney fee subject to this section, the court reviewing the award may not modify the decision of the court in making or denying an award, or the decision of the court as to the amount of the award, except upon a finding of an abuse of discretion.
 (4) Nothing in this section authorizes the award of an attorney fee in excess of a reasonable attorney fee. [1995 c.618 §6; 2001 c.417 §3]
 Section 20.077 - Determination of prevailing party; cases in which more than one claim made; prevailing party on appeal.
 (2) For the purposes of making an award of attorney fees on a claim, the prevailing party is the party who receives a favorable judgment or arbitration award on the claim. If more than one claim is made in an action or suit for which an award of attorney fees is either authorized or required, the court or arbitrator shall:
 (a) Identify each party that prevails on a claim for which attorney fees could be awarded;
 (b) Decide whether to award attorney fees on claims for which the court or arbitrator is authorized to award attorney fees, and the amount of the award;
 (c) Decide the amount of the award of attorney fees on claims for which the court or arbitrator is required to award attorney fees; and
 (d) Enter a judgment that complies with the requirements of ORS 18.038 and 18.042.
 (3) Notwithstanding subsection (2) of this section, upon appeal of a judgment in an action or suit in which one or more claims are asserted for which the prevailing party may receive an award of attorney fees, the appellate court in its discretion may designate as the prevailing party a party who obtains a substantial modification of the judgment.
 (4) This section does not create a claim to an award of attorney fees in any action or suit in which the court or arbitrator is not otherwise authorized or required to make an award of attorney fees by contract or other law. [2001 c.417 §1; 2003 c.576 §167]
 Section 20.080 - Attorney fees for certain small tort claims.
 (2) If the defendant pleads a counterclaim, not to exceed $10,000, and the defendant prevails in the action, there shall be taxed and allowed to the defendant, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees for the prosecution of the counterclaim.
 (3) A written demand for the payment of damages under this section must include the following information, if the information is in the plaintiff’s possession or reasonably available to the plaintiff at the time the demand is made:
 (a) In an action for an injury or wrong to a person, a copy of medical records and bills for medical treatment adequate to reasonably inform the person receiving the written demand of the nature and scope of the injury claimed; or
 (b) In an action for damage to property, documentation of the repair of the property, a written estimate for the repair of the property or a written estimate of the difference in the value of the property before the damage and the value of the property after the damage.
 (4) If after making a demand under this section, and before commencing an action, a plaintiff acquires any additional information described in subsection (3) of this section that was not provided with the demand, the plaintiff must provide that information to the defendant, and to the defendant’s insurer, if known to the plaintiff, as soon as possible after the information becomes available to the plaintiff.
 (5) A plaintiff may not recover attorney fees under this section if the plaintiff does not comply with the requirements of subsections (3) and (4) of this section.
 (6) The provisions of this section do not apply to any action based on contract. [Amended by 1955 c.554 §1; 1979 c.525 §1; 1981 c.897 §1; 1981 c.898 §19; 1985 c.342 §7; 1985 c.618 §15c; 1997 c.46 §2; 1999 c.947 §1; 2001 c.542 §2; 2009 c.487 §§1,3]
 Section 20.082 - Attorney fees for small contract claims.
 (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 contract if:
 (a) The amount of the principal together with interest due on the contract at the time the claim is filed is $10,000 or less; and
 (b) The contract does not contain a clause that authorizes or requires the award of attorney fees.
 (3) Attorney fees may not be awarded to a plaintiff under the provisions of this section unless written demand for payment of the claim was made on the defendant not less than 20 days before the commencement of the action or the filing of a formal complaint under ORS 46.465, or not more than 20 days after the transfer of the action under ORS 46.461. The failure of a plaintiff to give notice under the provisions of this subsection does not affect the ability of a defendant to claim attorney fees under the provisions of this section.
 (4) Attorney fees may not be awarded to a plaintiff under the provisions of this section if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action or the filing of a formal complaint under ORS 46.465, or not more than 20 days after the transfer of the action under ORS 46.461, an amount not less than the amount awarded to the plaintiff.
 (5) The provisions of this section do not apply to:
 (a) Contracts for insurance;
 (b) Contracts for which another statute authorizes or requires an award of attorney fees;
 (c) Any action for damages for breach of an express or implied warranty in a sale of consumer goods or services that is subject to ORS 20.098; or
 (d) Any action against the maker of a dishonored check that is subject to ORS 30.701. [2001 c.542 §1; 2005 c.22 §10; 2009 c.487 §5]
 Section 20.083 - Award of attorney fees under void contract, under unenforceable contract or to person who is not party to contract.
 Section 20.085 - Costs and attorney fees in inverse condemnation proceedings.
 Section 20.094 - Attorney fees in actions or suits in which discharge in bankruptcy asserted.
 Section 20.096 - Reciprocity of attorney fees and costs in proceedings to enforce contract.
 (2) Attorney fees provided for in a contract described in subsection (1) of this section shall not be subject to waiver by the parties to any such contract that is entered into after September 9, 1971. Any provision in such a contract that provides for a waiver of attorney fees is void.
 (3) As used in this section and ORS 20.097, "contract" includes any instrument or document evidencing a debt. [1971 c.202 §1; 1975 c.623 §3; 1979 c.735 §1; 1981 c.898 §20; 1983 c.527 §1; 2001 c.542 §§3,3a; 2009 c.285 §2]
 Section 20.097 - Attorney fees and costs where defendant prevails in certain proceedings to enforce contract.
 (2) As used in this section, "maker" means the original party to the contract which is the subject of the action or suit who is the predecessor in interest of the plaintiff under the contract.
 (3) A maker shall be liable under this section only if the defense successfully asserted by the defendant existed at the time of the assignment of the contract. [1975 c.623 §2; 1989 c.1065 §1; 2001 c.542 §4]
 Section 20.098 - Attorney fees and compensation of expert witnesses in certain proceedings for breach of warranty.
 (2) If the defendant prevails in an action in which the plaintiff requests attorney fees or compensation of expert witnesses under subsection (1) of this section, the court may in its discretion allow reasonable attorney fees at trial and on appeal or a reasonable amount as compensation of expert witnesses to the defendant if it finds the action to have been frivolous. [1971 c.744 §23; 1975 c.586 §1; 1981 c.897 §5; 1981 c.898 §21]
 Section 20.105 - Attorney fees where party disobeys court order or asserts claim, defense or ground for appeal without objectively reasonable basis.
 (2) All attorney fees paid to any agency of the state under this section shall be deposited to the credit of the agency’s appropriation or cash account from which the costs and expenses of the proceeding were paid or incurred. If the agency obtained an Emergency Board allocation to pay costs and expenses of the proceeding, to that extent the attorney fees shall be deposited in the General Fund available for general governmental expenses. [1983 c.763 §57; 1995 c.618 §2]
 Section 20.107 - Attorney and expert witness fees and other costs on claim of unlawful discrimination; defense.
 (2) In making an award under this section, the court shall calculate attorney and expert witness fees on the basis of a reasonable hourly rate at the time the award is made, multiplied by the amount of time actually and reasonably spent in connection with the discrimination claim.
 (3) When an award under this section is made against a state agency or an officer or employee of a state agency, the award shall be paid by the agency directly from funds available to it.
 (4) As used in this section, "unlawful discrimination" means discrimination based upon personal characteristics including, but not limited to, race, religion, sex, sexual orientation, national origin, alienage, marital status or age. [1985 c.768 §1; 1995 c.618 §20; 2007 c.100 §14]
 Section 20.115 - Service expenses recoverable as 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 sheriff for service of process or other documents. Except as provided in subsection (2) of this section, the amount that may be recovered as costs and disbursements under this paragraph may not exceed the maximum amount payable to a sheriff for service of the same process or document under ORS 21.300.
 (2) In addition to amounts recoverable under subsection (1) of this section, a person who is otherwise entitled to recover costs and disbursements may recover the following amounts paid to a person other than a sheriff for service of process or other documents:
 (a) The reasonable cost of service outside this state.
 (b) The reasonable rate for mileage.
 (c) The reasonable cost of locating and serving a party when routine service methods are unsuccessful.
 (d) The reasonable cost of expedited service if expedited service is necessary.
 (3) In addition to amounts recoverable under subsections (1) and (2) of this section, a person who is otherwise entitled to recover costs and disbursements may recover amounts paid for an attempt at service made in good faith if the amounts paid would be recoverable under subsections (1) and (2) of this section had service of process or other documents been accomplished.
 (4) The provisions of this section do not limit the ability of a party to recover any reasonable costs of service if the party has a contract right to recover those costs. [1997 c.202 §1]
 Section 20.120 - Costs on review of decision of officer, tribunal, or court of inferior jurisdiction.
 Section 20.125 - Assessment of costs and attorney fees against attorney causing mistrial.
 Section 20.130 - Proceeding to which state or public corporation is party.
 Section 20.140 - State and certain public corporations not required to advance costs; payment of costs recovered.
 Section 20.150 - Recovery of costs and disbursements when party represented by another.
 Section 20.180 - Effect of tender as to costs.
 Section 20.190 - Prevailing party fees.
 (a) In the Supreme Court or Court of Appeals, on an appeal, $100.
 (b) In a circuit court:
 (A) When judgment is given without trial of an issue of law or fact or on an appeal, $85; or
 (B) When judgment is given after trial of an issue of law or fact, $105.
 (c) In a small claims department, a county court or justice court:
 (A) When judgment is given without trial of an issue of law or fact or on an appeal, $50; or
 (B) When judgment is given after trial of an issue of law or fact, $60.
 (2) In lieu of the prevailing party fee provided for in subsection (1) of this section, in any civil action or proceeding in which recovery of money or damages is sought, a prevailing party who has a right to recover costs and disbursements also has a right to recover, as a part of the costs and disbursements, the following additional amounts:
 (a) In a circuit court:
 (A) When judgment is given without trial of an issue of law or fact, $325; or
 (B) When judgment is given after trial of an issue of law or fact, $600.
 (b) In a small claims department, a county court or justice court:
 (A) When judgment is given without trial of an issue of law or fact, $110; or
 (B) When judgment is given after trial of an issue of law or fact, $125.
 (3) In addition to the amounts provided for in subsection (2) of this section, in any civil action or proceeding in a circuit court in which recovery of money or damages is sought, the court may award to the prevailing party up to an additional $5,000 as a prevailing party fee. The court shall consider the following factors in making an award under the provisions of this subsection:
 (a) The conduct of the parties in the transactions or occurrences that gave rise to the litigation, including any conduct of a party that was reckless, willful, malicious, in bad faith or illegal.
 (b) The objective reasonableness of the claims and defenses asserted by the parties.
 (c) The extent to which an award of a larger prevailing party fee in the case would deter others from asserting good faith claims or defenses in similar cases.
 (d) The extent to which an award of a larger prevailing party fee in the case would deter others from asserting meritless claims and defenses.
 (e) The objective reasonableness of the parties and the diligence of the parties and their attorneys during the proceedings.
 (f) The objective reasonableness of the parties and the diligence of the parties in pursuing settlement of the dispute.
 (g) Any award of attorney fees made to the prevailing party as part of the judgment.
 (h) Such other factors as the court may consider appropriate under the circumstances of the case.
 (4) Nonprevailing parties are jointly liable for the prevailing party fees provided for in this section. A court may not award more than one prevailing party fee to a prevailing party under this section, or more than one prevailing party fee against a nonprevailing party regardless of the number of parties in the action, and, upon being paid the amount of the award, the prevailing party may not seek recovery of any additional amounts under the provisions of this section from any other nonprevailing party.
 (5) In any appeal from the award or denial of a prevailing party fee under subsection (2) of this section, the court reviewing the award may not modify the decision of the court in making or denying an award, or the decision of the court as to the amount of the award, except upon a finding of an abuse of discretion.
 (6) The prevailing party fees provided for in this section may not be awarded in the following proceedings:
 (a) A class action proceeding under ORCP 32.
 (b) A condemnation proceeding.
 (c) Proceedings under the provisions of ORS chapters 25, 107, 108, 109 and 110.
 (7) Mandatory arbitration under ORS 36.400 to 36.425 does not constitute a trial of an issue of law or fact for the purposes of this section. [1981 c.898 §18a; 1987 c.725 §6; 1989 c.1007 §1; 1995 c.618 §7; 1997 c.249 §13; 1997 c.801 §§56,56a; 2005 c.702 §93; 2007 c.860 §16; 2011 c.595 §170a; 2013 c.685 §44; 2017 c.663 §25]
 Section 20.220 - Appeal on attorney fees and costs; effect of reversal or modification.
 (2) If an appeal is taken from a judgment under ORS 19.205 before the trial court enters a judgment under ORCP 68 C(4), any necessary modification of the appeal shall be pursuant to rules of the appellate court.
 (3) When an appeal is taken from a judgment under ORS 19.205 to which an award of attorney fees or costs and disbursements relates:
 (a) If the appellate court reverses the judgment, the award of attorney fees or costs and disbursements shall be deemed reversed; or
 (b) If the appellate court modifies the judgment such that the party who was awarded attorney fees or costs and disbursements is no longer entitled to the award, the party against whom attorney fees or costs and disbursements were awarded may move for relief under ORCP 71 B(1)(e). [Amended by 1967 c.471 §2; 1981 c.898 §22; 1989 c.768 §7]
 Section 20.310 - Costs and disbursements in Supreme Court or Court of Appeals.
 (2) Costs and disbursements on appeal to the Court of Appeals or Supreme Court or on petition for review by the Supreme Court are the filing or appearance fee, the reasonable cost for any bond or irrevocable letter of credit, the prevailing party fee provided for under ORS 20.190, the printing, including the excerpt of record, required by rule of the court, postage for the filing or service of items that are required to be filed or served by law or court rule, and the transcript of testimony or other proceedings, when necessarily forming part of the record on appeal. [Amended by 1971 c.99 §1; 1977 c.290 §2; 1985 c.734 §13; 1987 c.314 §1; 1991 c.331 §7; 1997 c.389 §11; 2007 c.547 §6]
 Section 20.320 - Statement of costs and disbursements; objections.
 Section 20.330 - Costs and disbursements in cases of original jurisdiction.
 Section 20.340 - Contingent fee agreement.
 (a) The contingent fee agreement shall be written in plain and simple language reasonably believed to be understandable by the plaintiff.
 (b) The attorney shall explain the terms and conditions of the agreement in compliance with a model explanation in plain and simple language prepared by the Oregon State Bar a reasonable time before the agreement is signed.
 (c) The contingent fee agreements must contain a provision allowing the plaintiff to rescind the agreement within 24 hours after signing upon written notice to the attorney.
 (2) Any contingent fee agreement entered into on or after September 26, 1987, that does not comply with the requirements of subsection (1) of this section is voidable. [Formerly 9.400]
 Chapter 021 - State Court Fees
 Section 21.005 - Transfers to General Fund.
 Section 21.006 - Transfers to State Court Technology Fund.
 Section 21.007 - Legislative intent relating to funding certain programs, services and activities.
 (1) To the counties of this state for the purposes of funding mediation services, conciliation services and other services in domestic relations cases.
 (2) To the counties of this state for the purposes of funding the operation of law libraries or of providing law library services.
 (3) To Portland State University and the University of Oregon to fund the programs and expenses of the Mark O. Hatfield School of Government and the University of Oregon School of Law under ORS 36.100 to 36.238 and 183.502.
 (4) To the Housing and Community Services Department for the purpose of funding programs that defray the cost of rent for dwelling units for very low income households.
 (5) To the Higher Education Coordinating Commission to fund clinical legal education programs at accredited institutions of higher education that provide civil legal services to victims of domestic violence, stalking or sexual assault.
 (6) To the State Department of Agriculture for the purpose of funding mediation programs established by the department, other than individual farm credit mediations.
 (7) To the Judicial Department for the purposes of funding the appellate settlement program established under ORS 2.560.
 (8) To the Department of Human Services for the funding of the Office of Children’s Advocate. [2011 c.595 §3; 2012 c.48 §8; 2013 c.768 §100; 2015 c.767 §44]
 Section 21.010 - Appellate court filing fees.
 (2) Filing and appearance fees may not be assessed in appeals from habeas corpus proceedings under ORS 34.710, post-conviction relief proceedings under ORS 138.650, juvenile court under ORS 419A.200, the involuntary commitment of persons determined to be persons with mental illness under ORS 426.135 or persons determined to have an intellectual disability under ORS 427.295 or orders of the State Board of Parole and Post-Prison Supervision or on judicial review of orders entered under ORS 161.315 to 161.351 by the Psychiatric Security Review Board.
 (3) Filing and appearance fees shall be assessed in an appeal from an appeal to a circuit court from a justice court or municipal court in an action alleging commission of a state offense designated as a violation or an action alleging violation of a city charter or ordinance, but not in an action alleging commission of a state crime.
 (4) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding seeking imposition of remedial sanctions under the provisions of ORS 33.055.
 (5) The filing and appearance fees established by this section apply to cases of original jurisdiction in the Supreme Court. [Amended by 1963 c.556 §1; 1967 c.398 §3; 1969 c.198 §50; 1981 s.s. c.3 §§66,67; 1985 c.734 §15; 1987 c.852 §4; 1991 c.724 §17; 1993 c.33 §276; 1997 c.801 §27; 1999 c.1051 §118; 2003 c.737 §§1,3; 2005 c.702 §§1,2,3; 2005 c.843 §33; 2007 c.70 §7; 2007 c.860 §1; 2009 c.659 §§28,30; 2009 c.885 §§37e,37f; 2011 c.595 §66; 2011 c.658 §§28,29; 2011 c.708 §§17,18; 2013 c.360 §3; 2013 c.685 §§29,29a; 2014 c.76 §3; 2017 c.442 §14; 2017 c.663 §1]
 Note: The amendments to 21.010 by section 14, chapter 442, Oregon Laws 2017, become operative July 1, 2018. See section 36, chapter 442, Oregon Laws 2017. The text that is operative until July 1, 2018, including amendments by section 1, chapter 663, Oregon Laws 2017, is set forth for the user’s convenience.
 (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 in the appeal, upon entering first appearance or filing first brief in the court, shall pay to the State Court Administrator a filing fee of $391. The party entitled to costs and disbursements on such appeal shall recover from the opponent the amount so paid.
 (2) Filing and appearance fees may not be assessed in appeals from habeas corpus proceedings under ORS 34.710, post-conviction relief proceedings under ORS 138.650, juvenile court under ORS 419A.200, the involuntary commitment of persons determined to be persons with mental illness under ORS 426.135 or persons determined to have an intellectual disability under ORS 427.295 or orders of the State Board of Parole and Post-Prison Supervision or on judicial review of orders entered under ORS 161.315 to 161.351 by the Psychiatric Security Review Board or the Oregon Health Authority.
 (3) Filing and appearance fees shall be assessed in an appeal from an appeal to a circuit court from a justice court or municipal court in an action alleging commission of a state offense designated as a violation or an action alleging violation of a city charter or ordinance, but not in an action alleging commission of a state crime.
 (4) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding seeking imposition of remedial sanctions under the provisions of ORS 33.055.
 (5) The filing and appearance fees established by this section apply to cases of original jurisdiction in the Supreme Court.
 Section 21.020 - Seal of court; copies of appellate court and administrative records.
 (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 State Court Administrator, for services relating to those records and for other services that the appellate courts or administrative offices of the State Court Administrator are authorized or required to perform for which no fees are specifically provided by law. The fee established by the Chief Justice for paper copies of records may not exceed 25 cents per page, except for records for which additional services are required. If additional services are required, fees for providing the records are subject to ORS 192.324. [Amended by 1967 c.398 §4; 1969 c.198 §51; 1971 c.193 §25; 1997 c.801 §47; 2003 c.576 §286; 2005 c.385 §1]
 Section 21.025 - Motion fees in appellate courts; exceptions.
 (a) A motion to dismiss filed by a respondent.
 (b) A motion to determine jurisdiction.
 (c) A motion for continuance.
 (d) A motion for an extension of time for the filing of a brief or other document in the proceeding.
 (2) The fees provided for in this section may not be collected from the state, a county, a city or a school district. [2011 c.595 §76; 2013 c.685 §28a; 2017 c.663 §11]
 Section 21.060
 Section 21.070
 Section 21.100 - Filing fees payable in advance.
 Section 21.105 - Caption of pleading; amended pleadings.
 (2) If at any time a party files an amended pleading in a proceeding that is subject to a filing fee established under ORS 21.160, 21.170 or 21.180, and the pleading increases the amount in controversy or the value of the estate in the proceeding, the caption of the pleading must note that increased amount. The court shall collect an additional filing fee from the party filing the pleading that is equal to the difference between the filing fee that was paid by the party when the original pleading was filed and the filing fee that would have been collected if the amount had been pleaded in the original pleading.
 (3) If at any time the court determines that a party has failed to comply with the requirements of this section, the court may require that the party pay all fees that should have been paid at the time the document was filed. [2011 c.595 §5]
 Section 21.115
 Section 21.125
 Section 21.135 - Standard filing fee.
 (2) The filing fee established by subsection (1) of this section applies to:
 (a) Proceedings in which only equitable remedies are sought.
 (b) Appeals from a conviction of a violation in justice or municipal courts as provided in ORS 21.285.
 (c) Interpleader actions.
 (d) Actions relating to a trust.
 (e) Proceedings for judicial review of an agency order.
 (f) Declaratory judgment actions.
 (g) Any other action or proceeding that is statutorily made subject to the fee established by this section and any other civil proceeding for which a specific filing fee is not provided.
 (3)(a) The circuit court shall collect a filing fee of $255 in adoption cases under ORS chapter 109, excluding readoptions under ORS 109.385, when a petition is filed for the purpose of commencing an adoption proceeding or when any other document or other first appearance is filed in the proceeding. The fee shall include the cost of issuing one or more certificates of adoption under ORS 109.410.
 (b) When separate petitions for adoption of multiple minor children are concurrently filed under ORS 109.309 by the same petitioner, one filing fee shall be charged for the first petition filed and the filing fees for concurrently filed petitions shall not be charged. [2011 c.595 §8; 2013 c.685 §§30,30a; 2014 c.76 §4; 2015 c.511 §8; 2015 c.512 §1a; 2017 c.663 §2]
 Section 21.140
 Section 21.145 - Simple proceeding filing fee.
 (1) Applications for change of name under ORS 33.410.
 (2) Applications for a legal change of sex under ORS 33.460.
 (3) Guardianship proceedings under ORS chapter 125.
 (4) Any other action or proceeding that is statutorily made subject to the fee established by this section. [2011 c.595 §13; 2013 c.685 §§31,31a; 2014 c.76 §5; 2017 c.663 §3]
 Section 21.155 - Domestic relations filing fee.
 (1) Proceedings for dissolution of marriage, annulment of marriage or separation.
 (2) Filiation proceedings under ORS 109.124 to 109.230.
 (3) Proceedings under ORS 108.110, 109.100 and 109.103. [2011 c.595 §11; 2013 c.685 §§32,32a; 2014 c.76 §6; 2017 c.663 §4]
 Section 21.160 - Filing fee for tort and contract actions.
 (a) If the amount claimed is $10,000 or less, the court shall collect a filing fee of $165.
 (b) If the amount claimed is more than $10,000 and less than $50,000, the court shall collect a filing fee of $267.
 (c) If the amount claimed is $50,000 or more, and less than $1 million, the court shall collect a filing fee of $560.
 (d) If the amount claimed is $1 million or more and less than $10 million, the court shall collect a fee of $834.
 (e) If the amount claimed is $10 million or more, the court shall collect a filing fee of $1,111.
 (2) The filing fees provided by this section apply to proceedings for the foreclosure of a mortgage, lien or other security interest. For the purposes of such proceedings, the amount claimed is the amount of the debt secured by the mortgage, lien or other security interest that is owing as of the date that the proceeding is filed.
 (3) The filing fees provided by this section apply to proceedings for specific performance of a contract. For the purposes of such proceedings, the amount claimed is the amount owing under the contract on the date that the proceeding is filed.
 (4) A court shall collect the filing fees provided by this section when an appeal from a justice court is filed under ORS 53.005 to 53.125 or a case is transferred from a justice court under ORS 52.320.
 (5) For purposes of this section, the amount claimed in a proceeding does not include any amount claimed as attorney fees or as costs and disbursements.
 (6) For purposes of this section, the amount claimed in a proceeding includes any penalty or forfeiture provided by statute or arising out of contract. [2011 c.595 §15; 2012 c.48 §2; 2013 c.685 §§33,33a; 2014 c.76 §7; 2017 c.663 §5]
 Section 21.165 - Third-party complaints.
 (2) When a third-party defendant files an appearance in a civil action or proceeding in circuit court, and defendant has not already appeared in the action or proceeding, the clerk of the court shall collect the same filing fee that would be required of a defendant filing the same appearance in an original action. [2009 c.659 §13; 2010 c.107 §27; 2011 c.271 §§25,26; 2011 c.595 §§81,81a; 2012 c.48 §4]
 Section 21.170 - Probate filing fees and accounting fees.
 (a) If the value of the estate is less than $50,000, $265.
 (b) If the value of the estate is $50,000 or more, but less than $1 million, $558.
 (c) If the value of the estate is $1 million or more, but less than $10 million, $832.
 (d) If the value of the estate is $10 million or more, $1,109.
 (2) A probate court shall collect the following fees for an annual or final accounting filed in a probate proceeding:
 (a) If the value of the estate is less than $50,000, $33.
 (b) If the value of the estate is $50,000 or more, but less than $1 million, $281.
 (c) If the value of the estate is $1 million or more, but less than $10 million, $558.
 (d) If the value of the estate is $10 million or more, $1,109.
 (3) For the purpose of determining the value of the estate under this section, the amount of a settlement in a wrongful death action brought for the benefit of the decedent’s surviving spouse or dependents is not part of the estate.
 (4) A person filing an appearance in a probate proceeding must pay the fee established under ORS 21.135.
 (5) The fees established under this section apply to county courts exercising probate jurisdiction. [2011 c.595 §21; 2013 c.685 §§34,34a; 2014 c.76 §8; 2017 c.663 §6]
 Section 21.175 - Guardianship filing fees.
 (2) The fees established under this section apply to county courts exercising probate jurisdiction. [2011 c.595 §27]
 Section 21.180 - Conservatorship filing fees and accounting fees.
 (a) If the value of the estate is less than $50,000, $265.
 (b) If the value of the estate is $50,000 or more, but less than $1 million, $558.
 (c) If the value of the estate is $1 million or more, but less than $10 million, $832.
 (d) If the value of the estate is $10 million or more, $1,109.
 (2) The court shall collect the following fees for an annual or final accounting filed in a conservatorship proceeding:
 (a) If the value of the estate is less than $50,000, $33.
 (b) If the value of the estate is $50,000 or more, but less than $1 million, $281.
 (c) If the value of the estate is $1 million or more, but less than $10 million, $558.
 (d) If the value of the estate is $10 million or more, $1,109.
 (3) For the purpose of determining the value of the estate under this section, the amount of a settlement in a wrongful death action brought for the benefit of the decedent’s surviving spouse or dependents is not part of the estate.
 (4) Except as provided in subsection (1) of this section, at the time of filing an appearance in a conservatorship proceeding the party filing the appearance must pay the filing fee established under ORS 21.135.
 (5) The fees established by this section apply to county courts exercising probate jurisdiction. [2011 c.595 §28; 2013 c.685 §§35,35a; 2014 c.76 §9; 2017 c.663 §7]
 Section 21.185 - Child support cases exempt from certain filing fees.
 Section 21.200 - Motion fees generally.
 (a) A motion for summary judgment under ORCP 47.
 (b) A motion for judgment notwithstanding the verdict under ORCP 63.
 (c) A motion for new trial under ORCP 64.
 (d) A motion for relief from judgment under ORCP 71.
 (e) A motion for preliminary injunction under ORCP 79.
 (f) A motion seeking remedies for contempt of court.
 (2) The fees provided for in this section may not be collected from the state, a county, a city or a school district.
 (3) The fees provided for in this section may not be collected for motions made to an arbitrator or mediator in an arbitration or mediation required or offered by a court, or to any motion relating to an arbitration or mediation required or offered by a court.
 (4) The clerk shall file a motion or response that is subject to a fee under this section only if the fee required by this section is paid when the motion or response is submitted for filing. [Formerly 21.125; 2017 c.663 §12]
 Section 21.205 - Motion fees in domestic relations cases.
 (2) The fee provided for in subsection (1) of this section does not apply to any motion under ORCP 68, 69 or 71.
 (3) In any action or other proceeding subject to a fee under ORS 21.155, a $53 fee must be paid by the party filing one of the following motions and by a party responding to the motion:
 (a) A motion filed under ORS 107.434; and
 (b) A motion seeking remedies for contempt of court.
 (4) Only the fees specified by subsection (1) of this section may be collected if a party concurrently files a motion that seeks entry of a supplemental judgment and a motion seeking remedies for contempt of court. [2011 c.595 §74; 2017 c.663 §13]
 Section 21.210
 Section 21.215 - Fees for settlement conferences.
 (2) Notwithstanding ORS 3.428 (3), the fee required under subsection (1) of this section must be paid when parties request a settlement conference through a family law facilitation program.
 (3) In civil proceedings other than those described in subsection (1) of this section, if the parties request a settlement conference before a judge, or a settlement conference before a judge is required by law or by the court, each party participating in the conference shall pay a $210 fee to the court for each day or partial day during which the conference is conducted.
 (4) The fees required by this section shall be collected in advance, and are due and payable on the first day of the settlement conference. [2009 c.659 §32; 2011 c.595 §§83,83a; 2017 c.663 §15]
 Section 21.225 - Trial fees.
 (2) The clerk of the circuit court shall collect from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a trial fee of $131 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.
 (3)(a) The clerk shall collect from the plaintiff or appellant, for a trial by a jury of more than six persons, a jury trial fee of $236 for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a trial by a jury of six persons, a jury trial fee of $158 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial by jury. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.
 (b) If the plaintiff or appellant waives a trial by jury, and the defendant or respondent desires a trial by jury, the clerk shall collect the jury trial fee from the defendant or respondent, and not from the plaintiff or appellant.
 (c) A case in which the jury trial fee for the first day of trial has not been paid shall be tried by the court without a jury, unless the court otherwise orders. If a case in which the jury trial fee for the first day of trial has not been paid is tried by a jury, the clerk shall tax against the losing party the total amount of the jury trial fee. The jury trial fee constitutes a monetary obligation payable to the court, and may be made part of the judgment in the case by the clerk without further notice to the debtor or further order of the court.
 (4) If a counterclaim, cross-claim or third party claim is tried on any day other than a day on which the claim of the plaintiff is tried, the clerk shall collect from the party asserting the counterclaim, cross-claim or third party claim the trial fee or jury trial fee, whichever is applicable, for that day, and shall not collect the applicable fee for that day from the plaintiff. If the party asserting a counterclaim, cross-claim or third party claim waives a trial by jury on the claim, and the party defending against the claim desires a trial by jury on the claim, the clerk shall collect the jury trial fee from the defending party and not from the asserting party.
 (5) The fees provided for in this section include any reporting of the trial proceedings, but not the preparation of transcripts of a report.
 (6) Except as otherwise provided in subsection (3)(c) of this section, the fees provided for in this section that are paid by a party shall be considered costs and disbursements and may be taxed and collected as other costs and disbursements by the prevailing party.
 (7) A court shall order that a trial fee paid under the provisions of this section be refunded to the party that paid the fee if all claims in the action or proceeding are decided without the commencement of a trial and the party that paid the fee files a motion and affidavit requesting refund of the fee not more than 15 days after entry of judgment disposing of the action or proceeding. [Formerly 21.270; 2017 c.663 §17]
 Section 21.235 - Document fee.
 (a) Making or entering a transcript of a judgment.
 (b) Preparing a certified copy of a satisfaction document under ORS 18.225 (5).
 (c) Issuing notices of restitution as provided in ORS 105.151.
 (d) Any other service that is statutorily made subject to the fee established in this section.
 (2) A circuit court shall collect a fee of $45 for issuing a writ of execution or a writ of garnishment. [2011 c.595 §70; 2013 c.685 §§40,40a; 2014 c.76 §12; 2017 c.663 §20]
 Section 21.245 - Form fees.
 (2) Notwithstanding subsection (1) of this section, no charge shall be made for forms made available under the provisions of ORS 107.700 to 107.735 or 124.005 to 124.040 or ORS 163.760 to 163.777. [Formerly 21.361; 2013 c.687 §11]
 Section 21.255 - Court Forms Revolving Fund.
 Section 21.258 - Fees for other court services.
 (2) A fee may not be established under this section for location or inspection of court records. [2011 c.595 §72]
 Section 21.259 - Fees not collectible from public bodies.
 Section 21.270
 Section 21.285 - Fees payable in appeals from justice courts and municipal courts.
 (2) Payment of fees required by subsection (1) of this section is subject to ORS 20.140.
 (3) Fees required by subsection (1) of this section may be waived or deferred by a judge of the circuit court for the reason and in the manner provided in ORS 21.680 to 21.698. [Formerly 21.615]
 Section 21.300 - Sheriff and process server fees.
 (a) $45 for serving a summons, a subpoena, a citation, an order, a notice, including notice of seizure and sale of personal or real property, a notice of restitution and notice of seizure under writ of attachment or execution or a similar document, including small claims or writ of execution, directed to not more than two parties at the same address. If service is requested for more than two parties at the same address, the fee is $25 for each party at the same address. The fee authorized by this paragraph shall not be charged to the state in civil actions, suits and proceedings where one party is a person who has been appointed counsel at state expense.
 (b) For seizure and sale of personal or real property, enforcement of writ of execution of judgment of restitution, or other enforcement or seizure under writ of attachment or execution, or other process or proceeding, $80, and, in addition, such sums as may be reasonable and necessary for the costs of standing by in anticipation of securing custody of the property, the expense of securing each keeper or custodian of property, the expense of inventory of property and the expense incurred in advertising required by law in the sale of the property.
 (c) For making a sheriff’s deed, certificate of redemption or conveyance of real property sold on any process, $50, to be paid by, or for, the grantee.
 (d) For making a copy of any process, order, notice or other instrument in writing, when necessary to complete the service thereof, for each folio, $3; but no charge shall be made for copy of complaint or other document not actually made by the sheriff.
 (2) Persons other than a sheriff serving process and other documents may charge any fee agreed to between the server and the person requesting service.
 (3) The county may retain fees collected for service by the sheriff if the party to be served cannot be found.
 (4) A sheriff may not collect mileage or commission for service of any document or process but in any service involving travel in excess of 75 miles round trip a sheriff may bill and collect an additional fee not to exceed $45. Mileage shall be measured from the location at which the service is made to the circuit court in that county.
 (5) Amounts paid for service of process and other documents may be recovered as costs and disbursements to the extent provided by ORS 20.115.
 (6) A sheriff may not collect a fee under this section for serving a foreign restraining order or an order that only grants relief under ORS 107.095 (1)(c).
 (7) As used in this section:
 (a) "Folio" means 100 words, counting two figures as one word. Any portion of a folio, when the whole paper contains less than a folio, or when such portion is an excess over the last folio, shall be deemed a folio.
 (b) "Foreign restraining order" means a restraining order that is a foreign judgment as defined by ORS 24.105. [Formerly 21.410; 2017 c.390 §1]
 Note: Section 3, chapter 390, Oregon Laws 2017, provides:
 Sec. 3. (1) On January 1, 2021, the Oregon Department of Administrative Services shall determine the cumulative percentage increase or decrease in the cost of living for the previous four years, based on changes in the Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All Items as published by the Bureau of Labor Statistics of the United States Department of Labor. The Oregon Department of Administrative Services shall adjust the fees under ORS 21.300 (1) and (4) as follows:
 (a) If the cost of living has increased, the department shall adjust the fees by multiplying the fee amounts by the percentage amount determined under this subsection. The department shall round the adjusted fees up to the nearest $1. The adjusted fees become effective on July 1, 2021, and apply to all fees incurred on or after July 1, 2021.
 (b) If the cost of living has not increased, the department may not change the fees.
 (2) After the department adjusts the fees under ORS 21.300 (1) and (4) as provided in subsection (1) of this section, the department shall promptly notify the Oregon State Sheriffs’ Association of the adjusted fees. [2017 c.390 §3]
 Section 21.320
 Section 21.345 - Transcript fees.
 (b) A transcriber may not charge a fee in addition to the fee established under this subsection for:
 (A) An electronic copy required to be served on a party;
 (B) A paper copy required to be served on an unrepresented party under ORS 19.370 (4)(a) or (b); or
 (C) A paper copy required to be filed with the trial court under ORS 19.370 (4)(d).
 (2) Except as provided in subsection (3) of this section, a reporter employed by one of the parties may charge fees as agreed to between the reporter and all of the parties to the proceeding for preparing transcripts on appeal. The reporter and the parties must agree to the fees to be charged before the commencement of the proceeding to be recorded. A share of any fees agreed upon shall be charged to parties joining the proceeding after the commencement of the proceeding.
 (3) A reporter employed by one of the parties may not charge a public body, as defined by ORS 174.109, fees for preparing transcripts on appeal that exceed the fees established by subsection (1) of this section.
 (4) Each page of the original transcript on appeal prepared under this section must be prepared as specified by rules for transcripts on appeal adopted by the Supreme Court and the Court of Appeals.
 (5) Except as otherwise provided by law, the fees for preparing a transcript requested by a party shall be paid forthwith by the party, and when paid shall be taxable as disbursements in the case. The fees for preparing a transcript requested by the court, and not by a party, shall be paid by the state from funds available for the purpose.
 (6) When the court provides personnel to prepare transcripts from audio records of court proceedings, the fees provided in subsection (1) of this section to be paid by a party shall be paid to the clerk of the court.
 (7) For purposes of this section, "transcript" has the meaning given that term in ORS 19.005. [Formerly 21.470; 2013 c.685 §7]
 Section 21.360
 Section 21.361
 Section 21.363
 Section 21.375
 Section 21.400 - Referee fees.
 Section 21.410
 Section 21.470
 Section 21.510
 Section 21.520
 Section 21.530
 Section 21.607
 Section 21.615
 Section 21.680 - Definitions for ORS 21.680 to 21.698.
 (1) "Applicant" means a person who applies for waiver or deferral of fees or court costs under ORS 21.680 to 21.698.
 (2) "Court administrator" means:
 (a) The State Court Administrator for the Supreme Court, the Court of Appeals and the Oregon Tax Court;
 (b) A trial court administrator in a circuit court that has a trial court administrator; and
 (c) The clerk of the court in all other courts.
 (3) "Judge" means the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, a judge of a circuit or county court, the judge of the Oregon Tax Court, a tax court magistrate or a justice of the peace.
 (4) "Obligor" means a person who has had payment of all or part of fees or court costs deferred under ORS 21.680 to 21.698. [2007 c.493 §1]
 Section 21.682 - Authority to waive or defer fees and court costs; delegation.
 (2) A presiding judge may delegate authority to waive or defer fees and court costs under this section to the court administrator for the court in which the judge serves. A delegation of authority under this subsection must be in writing and must be subject to clear standards. If a delegation is made under this subsection, an applicant may seek review of the court administrator’s decision by a judge. If an applicant requests review of a court administrator’s decision, the court administrator shall forward the application for waiver or deferral of the fees or court costs to the appropriate judge.
 (3) A court may not delay or refuse to enter an order or judgment in an action or proceeding because deferred fees and court costs have not been paid.
 (4) The Chief Justice of the Supreme Court by order may provide standards and practices for waiver or deferral of fees or court costs under ORS 21.680 to 21.698. [2007 c.493 §2; 2009 c.484 §5]
 Section 21.685 - Application for waiver or deferral of fees or court costs.
 Section 21.690 - Waived fees; recovery.
 (2) The state is liable for the payment of fees and court costs waived by a court only if a money award as described in subsection (1) of this section is entered against the state. [2007 c.493 §4]
 Section 21.692 - Judgment for deferred fees and court costs.
 (2) A court may render a limited or supplemental judgment for unpaid deferred fees or costs, or include a money award for the obligation in a general judgment, without further notice to the obligor or further order of the court.
 (3) An obligor subject to a judgment for unpaid fees and court costs may move for relief from the judgment based on a showing that the obligor’s financial circumstances have changed since the time of the entry of the judgment such that the obligor is no longer able to pay the judgment amount. A motion for relief under this subsection must be made in the manner provided by ORCP 71 and must be made within one year after the judgment containing the money award is entered. [2007 c.493 §5]
 Section 21.695 - Waiver or deferral of costs of transcript on appeal.
 (a) The party requesting the transcript is unable to pay the expense of preparing the transcript; and
 (b) The party requesting the transcript makes a prima facie showing that the transcript is necessary to prosecute the appeal and would reveal reversible error in the action or proceeding.
 (2) If the Supreme Court or the Court of Appeals waives or defers any part of the expense of preparing a transcript on appeal, the court shall authorize preparation of only as much of the transcript as is necessary to prosecute the appeal. The State Court Administrator shall pay the unpaid costs of preparing the transcript out of funds appropriated for that purpose.
 (3) If the Supreme Court or the Court of Appeals defers payment of any part of the expense of preparing a transcript on appeal and any part of the deferred expense remains unpaid at the conclusion of the appeal, a judgment may be entered for the unpaid amount in the manner provided by ORS 21.692.
 (4) If the State Court Administrator pays any costs of preparing a transcript on appeal under subsection (2) of this section and costs on appeal are awarded to the obligor, a money award to the State Court Administrator shall be included in the judgment for all waived or deferred transcript costs paid by the State Court Administrator.
 (5) Waiver or deferral under this section of the transcript costs of an inmate, as defined in ORS 30.642, is subject to ORS 30.642 to 30.650. [2007 c.493 §6]
 Section 21.698 - Confidentiality of information related to waiver or deferral.
 (2) Information described in subsection (1) of this section may be:
 (a) Introduced in an action or proceeding arising out of a determination that a person is not eligible for waiver or deferral of fees or court costs;
 (b) Introduced in a proceeding arising as a result of an allegation that a person has supplied false information in seeking waiver or deferral of fees or court costs;
 (c) Used by a court, the Department of Revenue and the assignees of a court or the Department of Revenue for the purpose of collecting delinquent amounts owed to this state by the person providing the information; and
 (d) Released pursuant to a subpoena issued as a result of an allegation that a person has supplied false information in seeking waiver or deferral of fees or court costs. [2007 c.493 §7]
 Section 21.700 - Interest on judgments for deferred fees and costs; satisfaction; compromise prohibited.
 (2) If a judge of a circuit or county court defers payment of any fees or court costs under the provisions of ORS 21.680 to 21.698, and the amount of those deferred fees or court costs is subsequently paid in full, the trial court administrator for the court shall note in the register or docket that the deferred fees and costs have been paid in full. Notation in the register or docket that deferred fees and costs have been paid in full constitutes a satisfaction of the judgment for those fees and costs.
 (3) If the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals or the judge of the Oregon Tax Court defers payment of any fees or court costs under the provisions of ORS 21.680 to 21.698, including deferral of the cost of preparing the transcript on appeal, and the amount of those deferred fees or court costs is subsequently paid in full, the State Court Administrator shall note upon the register of the court that the deferred fees and costs have been paid in full. Notation in the register that deferred fees and costs have been paid in full constitutes a satisfaction of the judgment for those fees and costs.
 (4) Upon notation in the register or docket that deferred fees and costs have been paid in full, a certified copy of the notation may be filed with any circuit court or County Clerk Lien Record in which the judgment was filed under the provisions of ORS 21.680 to 21.698. Upon filing of the certified copy, the trial court administrator for the court, or the county clerk if the judgment was filed in the County Clerk Lien Record, shall cause the certified copy to be entered in the register or docket of the court or recorded in the County Clerk Lien Record.
 (5) Judgments resulting from the deferral of fees and court costs under the provisions of ORS 21.680 to 21.698 may not be compromised, settled or adjusted by a trial court administrator or the State Court Administrator. [Formerly 21.607]
 Chapter 022 - Bonds and Other Security Deposits
 Section 22.010 - State, county or city not required to furnish any bond in any action.
 Section 22.020 - Deposit of money, letter of credit, checks or federal or municipal obligations, in lieu of security or bond.
 (2) Notwithstanding subsection (1) of this section, an irrevocable letter of credit may not be furnished to a court in lieu of other security or bond to be deposited in any criminal offense, action, proceeding or matter before any court, in a protective proceeding under ORS chapter 125, or in any cause, action, proceeding or matter before any court under ORS 105.395 or 125.715. In any other type of civil cause, action, proceeding or matter before any court, an irrevocable letter of credit may be furnished pursuant to subsection (1) of this section subject to approval of its terms by the parties and to its being in the form and amount prescribed by statute, rule or order of the court. [Amended by 1973 c.836 §316; 1991 c.331 §8; 1995 c.664 §73; 1997 c.631 §368; 1999 c.1051 §236; 2017 c.169 §41]
 Section 22.030 - Officers with whom deposit is made; duplicate receipts.
 (2) In any criminal case or in any proceeding in any court the deposit may be made with the court or clerk thereof, with the same effect and result as though made with such treasurer, and it shall not be necessary for the money or securities to be delivered to the treasurer. [Amended by 1973 c.836 §317; 1999 c.1051 §237]
 Section 22.040 - Filing duplicate receipt.
 Section 22.050 - Discharge or forfeiture of bond or security; garnishment.
 Section 22.060 - Deposit to be in special fund or depository; interest.
 Section 22.070 - Redemption of money or securities; exchange of securities.
 Section 22.090 - Qualifications and justification of surety.
 Chapter 023 - (Former Provisions)
 Section 23.105
 Section 23.160
 Section 23.164
 Section 23.166
 Section 23.168
 Section 23.170
 Section 23.175
 Section 23.186
 Section 23.190
 Section 23.200
 Section 23.210
 Section 23.220
 Section 23.230
 Section 23.240
 Section 23.242
 Section 23.250
 Section 23.260
 Section 23.280
 Section 23.290
 Section 23.300
 Section 23.305
 Section 23.310
 Section 23.410
 Section 23.440
 Section 23.445
 Section 23.450
 Section 23.460
 Section 23.470
 Section 23.480
 Section 23.490
 Section 23.500
 Section 23.510
 Section 23.515
 Section 23.520
 Section 23.530
 Section 23.540
 Section 23.550
 Section 23.560
 Section 23.570
 Section 23.580
 Section 23.590
 Section 23.600
 Section 23.760
 Section 23.765
 Section 23.767
 Section 23.775
 Section 23.777
 Section 23.778
 Section 23.780
 Section 23.783
 Section 23.787
 Section 23.789
 Section 23.790
 Section 23.795
 Section 23.800
 Section 23.805
 Section 23.807
 Section 23.808
 Section 23.815
 Section 23.825
 Section 23.835
 Section 23.837
 Section 23.842
 Section 23.845
 Section 23.847
 Section 23.855
 Section 23.865
 Chapter 024 - Enforcement and Recognition of Foreign Judgments; Foreign-Money Claims
 Section 24.105 - Definitions for ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175.
 Section 24.115 - Filing of foreign judgment; effect.
 (2) A certified copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state shall be recorded in the County Clerk Lien Record of any county other than the county in which the judgment is originally filed, in order to become a lien upon the real property of the judgment debtor in that county as provided in ORS 18.152.
 (3) A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of the circuit court in which the foreign judgment is filed, and may be enforced or satisfied in like manner.
 (4) A foreign judgment of a tribal court of a federally recognized Indian tribe that is filed in a circuit court under this section, and that otherwise complies with 26 U.S.C. 414(p) as a domestic relations order as defined in 26 U.S.C. 414(p), is a domestic relations order made pursuant to the domestic relations laws of this state for the purposes of 26 U.S.C. 414(p). [1979 c.577 §2; 1985 c.343 §5; 1987 c.586 §14; 1995 c.273 §13; 2003 c.576 §180; 2007 c.663 §1; 2011 c.595 §32]
 Section 24.125 - Notice of filing of judgment; delay in enforcement.
 (2) Promptly after filing the foreign judgment and the affidavit, the judgment creditor must mail notice of the filing of the foreign judgment to the judgment debtor. The notice shall include the name and post-office address of the judgment creditor and the judgment creditor’s lawyer, if any, in this state. The judgment creditor must file with the court proof of mailing the notice.
 (3) No execution or other process for enforcement of a foreign judgment filed pursuant to ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175, except a judgment, decree or order of a court of the United States, shall issue until five days after the date the judgment, affidavit and separate statement required in subsection (1) of this section are filed. [1979 c.577 §3; 1985 c.343 §6; 1987 c.873 §25; 1989 c.768 §8; 1997 c.872 §7; 2003 c.576 §168]
 Section 24.129 - Certification of filing in single court; filing of certified copy or lien record abstract for other counties.
 Section 24.135 - Grounds for staying enforcement of judgment; security for satisfaction of judgment.
 (2) If the judgment debtor shows the court of any county any ground upon which enforcement of a judgment of any court of any county of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
 (3) Any person making an appearance in proceedings related to foreign judgments filed under ORS 24.115, including a judgment debtor filing a proceeding seeking a stay of judgment under this section or otherwise seeking relief from enforcement of the judgment, must pay the filing fee established under ORS 21.160 (1)(a). [1979 c.577 §4; 2011 c.595 §33; 2017 c.663 §7a]
 Section 24.140 - Interest and costs.
 Section 24.150 - Satisfaction of judgment; filing.
 Section 24.155 - Optional procedure.
 Section 24.165 - Construction of ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175.
 Section 24.175 - Short title.
 Section 24.190 - Foreign restraining orders.
 (a) "Foreign restraining order" means a restraining order that is a foreign judgment as defined by ORS 24.105.
 (b)(A) "Restraining order" means an injunction or other order issued for the purpose of preventing:
 (i) Violent or threatening acts or harassment against another person;
 (ii) Contact or communication with another person; or
 (iii) Physical proximity to another person.
 (B) "Restraining order" includes temporary and final orders, other than support or child custody orders, issued by a civil or criminal court regardless of whether the order was obtained by filing an independent action or as a pendente lite order in another proceeding. However, for a civil order to be considered a restraining order, the civil order must have been issued in response to a complaint, petition or motion filed by or on behalf of a person seeking protection.
 (2)(a) Except as otherwise provided in paragraph (b) of this subsection, immediately upon the arrival in this state of a person protected by a foreign restraining order, the foreign restraining order is enforceable as an Oregon order without the necessity of filing and continues to be enforceable as an Oregon order without any further action by the protected person.
 (b) A foreign restraining order is not enforceable as an Oregon order if:
 (A) The person restrained by the order shows that:
 (i) The court that issued the order lacked jurisdiction over the subject matter or lacked personal jurisdiction over the person restrained by the order; or
 (ii) The person restrained by the order was not given reasonable notice and an opportunity to be heard under the law of the jurisdiction in which the order was issued; or
 (B) The foreign restraining order was issued against a person who had petitioned for a restraining order unless:
 (i) The person protected by the foreign restraining order filed a separate petition seeking the restraining order; and
 (ii) The court issuing the foreign restraining order made specific findings that the person was entitled to the order.
 (3)(a) A person protected by a foreign restraining order may present a true copy of the order to a county sheriff for entry into the Law Enforcement Data System maintained by the Department of State Police. Subject to paragraph (b) of this subsection, the county sheriff shall enter the order into the Law Enforcement Data System if the person certifies that the order is the most recent order in effect between the parties and provides proof of service or other written certification that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the restraining order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable as an Oregon order in any county or tribal land in this state.
 (b) The Department of State Police shall specify information that is required for a foreign restraining order to be entered into the Law Enforcement Data System.
 (c) At the time a county sheriff enters an order into the Law Enforcement Data System under paragraph (a) of this subsection, the sheriff shall also enter the order into the databases of the National Crime Information Center of the United States Department of Justice.
 (4) Pending a contempt hearing for alleged violation of a foreign restraining order, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. Unless the order provides otherwise, the security amount for release is $5,000.
 (5) ORS 24.115, 24.125, 24.129, 24.135, 24.140, 24.150 and 24.155 do not apply to a foreign restraining order.
 (6) A person protected by a foreign restraining order may file a certified copy of the order and proof of service in the office of the clerk of any circuit court of any county of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of the circuit court in which the foreign judgment is filed, and may be enforced or satisfied in like manner. The court may not collect a filing fee for a filing under this section. [1999 c.250 §1; 2003 c.737 §§74,75; 2011 c.595 §117]
 Section 24.260 - Definitions for ORS 24.260 to 24.335.
 (1) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
 (2) "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
 (3) "Conversion date" means the banking day next preceding the date on which money, in accordance with ORS 24.260 to 24.335, is:
 (a) Paid to a claimant in an action or distribution proceeding;
 (b) Paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or
 (c) Used to recoup, setoff or counterclaim in different moneys in an action or distribution proceeding.
 (4) "Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust or other fund.
 (5) "Foreign money" means money other than money of the United States of America.
 (6) "Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.
 (7) "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.
 (8) "Money of the claim" means the money determined as proper pursuant to ORS 24.275.
 (9) "Person" means an individual, a corporation, government or governmental subdivision or agency, business trust, joint venture, partnership, association, two or more persons having a joint or common interest or any other legal or commercial entity.
 (10) "Rate of exchange" means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.
 (11) "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two days.
 (12) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States. [1991 c.202 §2; 2009 c.294 §1]
 Section 24.265 - Scope of application of ORS 24.260 to 24.335.
 (2) ORS 24.260 to 24.335 apply to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding. [1991 c.202 §3]
 Section 24.270 - Variation of application by agreement.
 (2) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction. [1991 c.202 §4]
 Section 24.275 - Determining proper money of the claim.
 (2) If the parties to a transaction have not otherwise agreed, the money of the claim, as in each case may be appropriate, is the money:
 (a) Regularly used between the parties as a matter of usage or course of dealing;
 (b) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
 (c) In which the loss was ultimately felt or will be incurred by the party claimant. [1991 c.202 §5]
 Section 24.280 - Determining amount of money of certain contract claims.
 (2) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
 (3) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor’s obligation to be paid in the debtor’s money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall, upon the motion of any party, amend the judgment or award accordingly. [1991 c.202 §6]
 Section 24.285 - Asserting and defending foreign-money claim.
 (2) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
 (3) A person may assert a defense, setoff, recoupment or counterclaim in any money without regard to the money of other claims.
 (4) The determination of the proper money of the claim is a question of law. [1991 c.202 §7]
 Section 24.290 - Judgments and awards on foreign-money claims; times of money conversion; form of judgment; post-judgment enforcement.
 (2) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate, except that any payment made through a court pursuant to ORS 18.235 must be made in United States dollars. When a payment is made to the court, the judgment debtor shall simultaneously file with the court an affidavit or certificate executed in good faith by its counsel or a bank officer stating the rate of exchange used and how it was obtained and setting forth the calculation and the amount of the money of the claim that will be satisfied by the payment. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
 (3) Assessed costs, disbursements and attorney fees must be entered in United States dollars.
 (4) Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
 (5) A judgment or award made in an action or distribution proceeding on both a defense, setoff, recoupment or counterclaim and the adverse party’s claim, must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
 (6) A judgment or award substantially complies with subsection (1) of this section when it is plainly titled as a judgment, it complies with the requirements of ORS 18.038 and it includes all of the following:
 (a) The names of the judgment creditor, the judgment creditor’s attorney and the judgment debtor.
 (b) The amount of the judgment in the foreign money of the claim, the type of foreign money and the foreign country, as defined in ORS 24.350, utilizing the money that the claim is denominated in.
 (c) The interest owed to the date of the judgment, either as a specific amount in the foreign money or as accrual information, including the rate or rates of interest as determined by ORS 24.300, the balance or balances upon which the interest accrues, the date or dates from which interest at each rate on each balance runs, and whether interest is simple or compounded and, if compounded, at what intervals.
 (d) Post-judgment interest accrual information, including the rate or rates of interest as determined by ORS 24.300, the balance or balances upon which interest accrues, the date or dates from which interest at each rate on each balance runs, and whether interest is simple or compounded and, if compounded, at what intervals.
 (e) For judgments that accrued on a periodic basis, any accrued arrearages, required further payments per period in the foreign money and accrual dates.
 (f) A statement that the judgment debtor has the option to pay the judgment or award, including the interest owed on the date of judgment and the post-judgment interest, unless the parties have agreed otherwise as according to ORS 24.270, in the amount of United States dollars that will purchase that foreign money on the conversion date at a bank-offered spot rate at or near the close of business on the banking day before the day of payment.
 (g) A statement that, if the judgment debtor pays the judgment through a court under ORS 18.235, the payment must be in United States dollars as provided in subsection (2) of this section.
 (h) The amount of assessed costs, disbursements and attorney fees in United States dollars, if they are awarded, and any specific amounts awarded. This paragraph does not require inclusion of specific amounts where such will be determined later under ORCP 68 C.
 (i) The terms of any agreement made by the parties, before the entry of the judgment, to vary the effect of ORS 24.260 to 24.335.
 (7) If a contract claim is of the type covered by ORS 24.280 (1) or (2), the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
 (8) When a judgment is given on a foreign-money claim in circuit court, the clerk shall enter the judgment in the register and shall note that the judgment creates a judgment lien. The judgment shall have the same force and effect as any other judgment obtained in the circuit court.
 (9) A judgment or award may be discharged by payment.
 (10) A party seeking enforcement of a judgment entered as provided in this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the rate of exchange used and how it was obtained and setting forth the calculation and the amount of United States dollars that would satisfy the judgment on the date of the affidavit or certificate by applying said rate of exchange. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate. The computation contained in the affidavit or certificate shall remain in effect for 60 days following the filing of the affidavit or certificate and may be recomputed before the expiration of 60 days by the filing of additional affidavits or certificates provided that recomputation shall not affect any payment obtained before the filing of the recomputation. [1991 c.202 §8; 1993 c.545 §114; 1995 c.658 §26; 2003 c.576 §181; 2009 c.48 §13]
 Section 24.295 - Conversions of foreign money in distribution proceeding.
 Section 24.300 - Prejudgment and judgment interest.
 (2) The court or arbitrator shall increase or decrease the amount of prejudgment or preaward interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
 (3) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state. [1991 c.202 §10]
 Section 24.305 - Enforcement of foreign judgments.
 (2) A foreign judgment may be entered in the register in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
 (3) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, shall operate to the same extent as a satisfaction of the judgment in this state, except as to costs authorized by ORS 24.140, notwithstanding the entry of judgment in this state.
 (4) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only. [1991 c.202 §11; 2003 c.576 §182]
 Section 24.310 - Determining United States dollar value of foreign-money claims for limited purposes.
 (2) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of the United States dollars at issue for assessing costs or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in subsections (3) and (4) of this section.
 (3) A party seeking process, costs, bond or other undertaking under subsection (2) of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
 (4) A party seeking the process, costs, bond or other undertaking under subsection (2) of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate. [1991 c.202 §12]
 Section 24.315 - Effect of currency substitution.
 (2) If substitution under subsection (1) of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend, upon the motion of any party, the judgment or award by a like conversion of the former money. [1991 c.202 §13]
 Section 24.320 - Supplementary general principles of law.
 Section 24.325 - Uniformity of application and construction.
 Section 24.330 - Severability.
 Section 24.335 - Short title.
 Section 24.350 - Definitions for ORS 24.350 to 24.400.
 (1) "Foreign country" means a government other than:
 (a) The United States;
 (b) A state, district, commonwealth, territory or insular possession of the United States; or
 (c) Any other government with regard to which the decision in this state as to whether to recognize a judgment of that government’s courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
 (2) "Foreign-country judgment" means a judgment of a court of a foreign country. [2009 c.48 §1]
 Section 24.355 - Applicability to judgments.
 (a) Grants or denies recovery of a sum of money; and
 (b) Under the law of the foreign country where rendered, is final, conclusive and enforceable.
 (2) ORS 24.350 to 24.400 do not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
 (a) A judgment for taxes;
 (b) A fine or other penalty; or
 (c) A judgment for divorce, support or maintenance, or other judgment rendered in connection with domestic relations.
 (3) A party seeking recognition of a foreign-country judgment has the burden of establishing that ORS 24.350 to 24.400 apply to the foreign-country judgment. [2009 c.48 §2]
 Note: Section 12, chapter 48, Oregon Laws 2009, provides:
 Sec. 12. Sections 1 to 11 of this 2009 Act [24.350 to 24.400] apply only to actions commenced on or after the effective date of this 2009 Act [January 1, 2010] in which the issue of recognition of a foreign-country judgment is raised. Any action commenced before the effective date of this 2009 Act in which the issue of recognition of a foreign-country judgment is raised shall continue to be governed by the provisions of ORS 24.200 to 24.255, as those statutes were in effect immediately before the effective date of this 2009 Act. [2009 c.48 §12]
 Section 24.360 - Standards for recognition of foreign-country judgment.
 (2) A court of this state may not recognize a foreign-country judgment if:
 (a) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
 (b) The foreign court did not have personal jurisdiction over the defendant; or
 (c) The foreign court did not have jurisdiction over the subject matter.
 (3) A court of this state need not recognize a foreign-country judgment if:
 (a) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
 (b) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present the party’s case;
 (c) The judgment or the claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;
 (d) The judgment conflicts with another final and conclusive judgment;
 (e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined other than by proceedings in that foreign court;
 (f) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
 (g) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
 (h) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
 (4) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (2) or (3) of this section exists. [2009 c.48 §3]
 Section 24.365 - Personal jurisdiction.
 (a) The defendant was served with process personally in the foreign country;
 (b) The defendant voluntarily appeared in the proceeding other than for the purpose of protecting property seized or threatened with seizure in the proceeding or for the purpose of contesting the jurisdiction of the court over the defendant;
 (c) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
 (d) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
 (e) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a claim for relief arising out of business done by the defendant through that office in the foreign country; or
 (f) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a claim for relief arising out of that operation.
 (2) The list of bases for personal jurisdiction in subsection (1) of this section is not exclusive. The courts of this state may recognize bases for personal jurisdiction other than those listed in subsection (1) of this section as sufficient to support a foreign-country judgment. [2009 c.48 §4]
 Section 24.370 - Procedure for recognition of foreign-country judgment.
 (2) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim or affirmative defense. [2009 c.48 §5]
 Section 24.375 - Effect of recognition of foreign-country judgment.
 (1) Conclusive between the parties to the same extent as the judgment of another state entitled to full faith and credit in this state is conclusive; and
 (2) Enforceable in the same manner and to the same extent as a judgment rendered in this state. [2009 c.48 §6]
 Section 24.380 - Stay of proceedings pending appeal of foreign-country judgment.
 Section 24.385 - Statute of limitations.
 Section 24.390 - Uniformity of interpretation.
 Section 24.395 - Saving clause.
 Section 24.400 - Short title.
 Chapter 025 - Support Enforcement
 Section 25.010 - Definitions for support enforcement laws.
 (1) "Administrator" means either the Administrator of the Division of Child Support of the Department of Justice or a district attorney, or the administrator’s or a district attorney’s authorized representative.
 (2) "Child" has the meaning given that term in ORS 110.503.
 (3) "Child support rights" means the right to establish or enforce an obligation imposed or imposable by law to provide support, including but not limited to medical support as defined in ORS 25.321 and an unsatisfied obligation to provide support.
 (4) "Department" means the Department of Justice.
 (5) "Disposable income" means that part of the income of an individual remaining after the deduction from the income of any amounts required to be withheld by law except laws enforcing spousal or child support and any amounts withheld to pay medical or dental insurance premiums.
 (6) "Employer" means any entity or individual who engages an individual to perform work or services for which compensation is given in periodic payments or otherwise.
 (7) "Income" is any monetary obligation in excess of $4.99 after the fee described in ORS 25.414 (6) has been deducted that is in the possession of a third party owed to an obligor and includes but is not limited to:
 (a) Compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus or otherwise;
 (b) Periodic payments pursuant to a pension or retirement program;
 (c) Cash dividends arising from stocks, bonds or mutual funds;
 (d) Interest payments;
 (e) Periodic payments from a trust account;
 (f) Any program or contract to provide substitute wages during times of unemployment or disability;
 (g) Any payment pursuant to ORS chapter 657; or
 (h) Amounts payable to independent contractors.
 (8) "Obligee" has the meaning given that term in ORS 110.503.
 (9) "Obligor" has the meaning given that term in ORS 110.503.
 (10) "Order to withhold" means an order or other legal process that requires a withholder to withhold support from the income of an obligor.
 (11) "Public assistance" has the meaning given that term in ORS 416.400.
 (12) "Withholder" means any person who disburses income and includes but is not limited to an employer, conservator, trustee or insurer of the obligor. [Formerly 23.760; 1991 c.362 §1; 1993 c.798 §4; 1995 c.608 §1; 1997 c.704 §13; 1999 c.80 §1; 2001 c.334 §2; 2001 c.455 §1; 2003 c.572 §2; 2005 c.560 §1; 2009 c.351 §4; 2015 c.298 §85]
 Section 25.011 - "Address" defined.
 Note: 25.011 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.015 - When payment on support order begins; determining; notification of date.
 (a) The department receives a copy of a support order of a court that requires payments to be made through the department or for which there is an application for support enforcement services;
 (b) The department commences accounting services; and
 (c) The order has been entered within the previous 180 days.
 (2) The department shall include in the notice under subsection (1) of this section a statement that the department will adjust the account to reflect an accrued arrearage for the period of time between the effective date of the order and the date of the notice unless, within 30 days after the date of the notice, a party requests that the department establish the arrearage on the account as provided in ORS 25.167 or 416.429.
 (3) If, within 30 days after the date of the notice under subsection (1) of this section, a party requests the department to establish the arrearage as provided in ORS 25.167 or 416.429, the department may not reflect an accrued arrearage on the account until the arrearage has been established.
 (4) If a party does not request the department to establish the arrearage as provided in subsection (3) of this section, the department shall adjust the account to reflect the arrearage for the period of time between the effective date of the order and the date of the notice. [1997 c.500 §2; 1999 c.18 §4; 2011 c.318 §15]
 Section 25.020 - When support payment to be made to Department of Justice; collection agency services; duties of department; credit for payments not made to department; rules.
 (a) During periods for which support is assigned under ORS 412.024, 418.032, 419B.406 or 419C.597;
 (b) As provided by rules adopted under ORS 180.345, when public assistance is provided to a person who receives or has a right to receive support payments on the person’s own behalf or on behalf of another person;
 (c) After the assignment of support terminates for as long as amounts assigned remain owing;
 (d) For any period during which support enforcement services are provided under ORS 25.080;
 (e) When ordered by the court under ORS 419B.400;
 (f) When a support order that is entered or modified on or after January 1, 1994, includes a provision requiring the obligor to pay support by income withholding; or
 (g) When ordered by the court under any other applicable provision of law.
 (2)(a) The Department of Justice shall disburse payments, after lawful deduction of fees and in accordance with applicable statutes and rules, to those persons and entities that are lawfully entitled to receive such payments.
 (b) During a period for which support is assigned under ORS 412.024, for an obligee described in subsection (1)(b) of this section, the department shall disburse to the obligee, from child support collected each month, $50 for each child up to a maximum of $200 per family.
 (3)(a) When the administrator is providing support enforcement services under ORS 25.080, the obligee may enter into an agreement with a collection agency, as defined in ORS 697.005, for assistance in collecting child support payments.
 (b) The collection agency:
 (A) May provide investigative and location services to the obligee and disclose relevant information from those services to the administrator for purposes of providing support enforcement services under ORS 25.080;
 (B) May not charge interest or a fee for its services exceeding 29 percent of each support payment received unless the collection agency, if allowed by the terms of the agreement between the collection agency and the obligee, hires an attorney to perform legal services on behalf of the obligee;
 (C) May not initiate, without written authorization from the administrator, any enforcement action relating to support payments on which support enforcement services are provided by the administrator under ORS 25.080; and
 (D) Shall include in the agreement with the obligee a notice printed in type size equal to at least 12-point type that provides information on the fees, penalties, termination and duration of the agreement.
 (c) The administrator may use information disclosed by the collection agency to provide support enforcement services under ORS 25.080.
 (4) The Department of Justice may immediately transmit to the obligee payments received from any obligor without waiting for payment or clearance of the check or instrument received if the obligor has not previously tendered any payment by a check or instrument that was not paid or was dishonored.
 (5) The Department of Justice shall notify each obligor and obligee by mail when support payments shall be made to the department and when the obligation to make payments in this manner shall cease.
 (6)(a) The administrator shall provide information about a child support account directly to a party to the support order regardless of whether the party is represented by an attorney. As used in this subsection, "information about a child support account" means the:
 (A) Date of issuance of the support order.
 (B) Amount of the support order.
 (C) Dates and amounts of payments.
 (D) Dates and amounts of disbursements.
 (E) Payee of any disbursements.
 (F) Amount of any arrearage.
 (G) Source of any collection, to the extent allowed by federal law.
 (b) Nothing in this subsection limits the information the administrator may provide by law to a party who is not represented by an attorney.
 (7) Any pleading for the entry or modification of a support order must contain a statement that payment of support under a new or modified order will be by income withholding unless an exception to payment by income withholding is granted under ORS 25.396.
 (8)(a) Except as provided in paragraphs (d) and (e) of this subsection, a judgment or order establishing parentage or including a provision concerning support must contain:
 (A) The residence, mailing or contact address, final four digits of the Social Security number, telephone number and final four digits of the driver license number of each party;
 (B) The name, address and telephone number of all employers of each party;
 (C) The names and dates of birth of the joint children of the parties; and
 (D) Any other information required by rule adopted by the Chief Justice of the Supreme Court under ORS 1.002.
 (b) The judgment or order shall also include notice that the obligor and obligee:
 (A) Must inform the court and the administrator in writing of any change in the information required by this subsection within 10 days after the change; and
 (B) May request that the administrator review the amount of support ordered after three years, or such shorter cycle as determined by rule of the Department of Justice, or at any time upon a substantial change of circumstances.
 (c) The administrator may require of the parties any additional information that is necessary for the provision of support enforcement services under ORS 25.080.
 (d)(A) Upon a finding, which may be made ex parte, that the health, safety or liberty of a party or child would unreasonably be put at risk by the disclosure of information specified in this subsection or by the disclosure of other information concerning a child or party to a parentage or support proceeding or if an existing order so requires, a court or administrator or administrative law judge, when the proceeding is administrative, shall order that the information not be contained in any document provided to another party or otherwise disclosed to a party other than the state.
 (B) The Department of Justice shall adopt rules providing for similar confidentiality for information described in subparagraph (A) of this paragraph that is maintained by an entity providing support enforcement services under ORS 25.080.
 (e) The Chief Justice of the Supreme Court may, in consultation with the Department of Justice, adopt rules under ORS 1.002 to designate information specified in this subsection as confidential and require that the information be submitted through an alternate procedure to ensure that the information is exempt from public disclosure under ORS 192.355.
 (9)(a) Except as otherwise provided in paragraph (b) of this subsection, in any subsequent child support enforcement action, the court or administrator, upon a showing of diligent effort made to locate the obligor or obligee, may deem due process requirements to be met by mailing notice to the last-known residential, mailing or employer address or contact address as provided in ORS 25.085.
 (b) Service of an order directing an obligor to appear in a contempt proceeding is subject to ORS 33.015 to 33.155.
 (10) Subject to ORS 25.030, this section, to the extent it imposes any duty or function upon the Department of Justice, shall be deemed to supersede any provisions of ORS chapters 107, 108, 109, 110, 416, 419A, 419B and 419C that would otherwise impose the same duties or functions upon the county clerk or the Department of Human Services.
 (11) Except as provided for in subsections (12), (13) and (14) of this section, credit may not be given for payments not made to the Department of Justice as required under subsection (1) of this section.
 (12) The Department of Justice shall give credit for payments not made to the department:
 (a) When payments are not assigned to this or another state and the obligee and obligor agree in writing that specific payments were made and should be credited, limited to the current balance owed to the obligee;
 (b) When payments are assigned to another state and that state verifies that payments not paid to the department were received by the other state; or
 (c) As provided by rule adopted under ORS 180.345.
 (13) An obligor may apply to the Department of Justice for credit for payments made other than to the Department of Justice. If the obligee or other state does not provide the agreement or verification required by subsection (12) of this section, credit may be given pursuant to order of an administrative law judge assigned from the Office of Administrative Hearings after notice and opportunity to object and be heard are given to both obligor and obligee. Notice shall be served upon the obligee as provided by ORS 25.085. Notice to the obligor may be by regular mail at the address provided in the application for credit. A hearing conducted under this subsection is a contested case hearing and ORS 183.413 to 183.470 apply. Any party may seek a hearing de novo in the circuit court.
 (14) Nothing in this section precludes the Department of Justice from giving credit for payments not made to the department when there has been a judicially determined credit or satisfaction or when there has been a satisfaction of support executed by the person to whom support is owed.
 (15) The Department of Justice shall adopt rules that:
 (a) Direct how support payments that are made through or credited by the department are to be applied and, if applicable, disbursed; and
 (b) Are consistent with federal regulations. [Formerly 23.765; 1991 c.724 §19; 1993 c.33 §366; 1993 c.448 §2; 1993 c.596 §1; 1995 c.608 §2; 1997 c.704 §14; 1999 c.18 §1; 1999 c.80 §42; 1999 c.798 §1; 2001 c.322 §1; 2001 c.455 §§2,3; 2001 c.961 §1; 2003 c.73 §17a; 2003 c.75 §23; 2003 c.380 §§6,7; 2003 c.421 §§1,2; 2003 c.572 §3; 2003 c.576 §§292,293a; 2005 c.561 §2; 2007 c.861 §10; 2007 c.878 §1; 2009 c.352 §3; 2015 c.197 §4; 2017 c.463 §1; 2017 c.467 §3; 2017 c.651 §8]
 Section 25.025 - Annual notice to parties receiving services under ORS 25.020.
 (1) When physical custody of a child changes from the obligee to the obligor, the obligation to pay child support for the child is not automatically terminated.
 (2) When a physical change of custody of a child occurs, either party may request a modification of the support order to terminate support based on a substantial change of circumstances.
 (3) At the request of either party, child support may be established for the parent with current physical custody of the child.
 (4) If a change in the physical custody of a child is temporary, the obligee may satisfy support accruing for the child for periods that the child is in the physical custody of the obligor as provided in ORS 18.225, 18.228, 18.232 and 18.235. [1997 c.385 §4; 2003 c.73 §18; 2003 c.576 §575]
 Note: 25.025 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.030 - When payment payable to bank account or escrow agent.
 (2) Subsection (1) of this section applies only if an election has been made as provided in ORS 25.130. [Formerly 23.767; 1989 c.976 §36; 1991 c.230 §32; 1997 c.872 §4; 1999 c.80 §78; 2003 c.210 §1]
 Section 25.070 - Order may include payment of support enforcement fees; limitation.
 Section 25.075 - Cooperative agreements with Indian tribes or tribal organizations.
 (a) Establish parentage;
 (b) Establish, modify and enforce support orders; and
 (c) Enter support orders in accordance with child support guidelines established by the tribe or organization.
 (2) The agreements must provide for the cooperative delivery of child support enforcement services and for the forwarding of all child support collections pursuant to the functions performed by the tribe or organization to the department, or conversely, by the department to the tribe or organization, which shall distribute the child support collections in accordance with the agreement. [1997 c.746 §131; 1999 c.735 §5; 2003 c.73 §19; 2017 c.651 §9]
 Note: 25.075 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.080 - Entity primarily responsible for support enforcement services; duties; application fees; rules.
 (a) The Division of Child Support of the Department of Justice:
 (A) If support rights are, or were within the past five months, assigned to this or another state; or
 (B) In any case where arrearage under a support order is assigned or owed to or the right to recover back support or state debt is held by this state or another state.
 (b) Except as provided in subsection (6) of this section, the district attorney in cases other than those described in paragraph (a) of this subsection if an application as described in ORS 25.084 is made by the obligee, by the obligor, by a person having physical custody of a minor child or by a child attending school, as defined in ORS 107.108.
 (2) The provisions of this section apply to support enforcement services for any order or judgment that is or could be entered under ORS 419B.400 or 419C.590 or ORS chapter 107, 108, 109, 110 or 416. The entity specified in subsection (1) of this section shall provide the support enforcement services on behalf of the State of Oregon and not on behalf of any other party or on behalf of a parent. The Department of Justice shall adopt rules addressing the provision of support enforcement services when the purposes of the state in providing those services may be contradictory in individual cases.
 (3) Notwithstanding the division of responsibility for providing support enforcement services between the Division of Child Support and the district attorney as described in subsection (1) of this section, provision of support enforcement services may not be challenged on the basis that the entity providing the services in a particular case is not the entity responsible for the case under subsection (1) of this section.
 (4) When responsible for providing support enforcement services and there is sufficient evidence available to support the action to be taken, the entity described in subsection (1) of this section:
 (a) Shall establish and enforce any child support obligation;
 (b) Shall establish paternity;
 (c) Shall enforce spousal support when the obligee is living with the obligor’s child for whom support enforcement services are being provided and those services are funded in part by federal moneys;
 (d) May enforce any other order or judgment for spousal support;
 (e) Shall, on behalf of the state, initiate and respond to child support modification proceedings based upon a substantial change of circumstances;
 (f) Shall, on behalf of the state, initiate and respond to child support modification proceedings based upon a modification conducted under ORS 25.287 concerning existing child support orders;
 (g) Shall establish and enforce obligations to provide medical insurance coverage for dependent children;
 (h) Shall ensure compliance with the provisions of 42 U.S.C. 651 to 669 and 45 C.F.R. Chapter III as authorized by state law;
 (i) Shall carry out the policy of the State of Oregon regarding child support obligations as expressed in ORS 416.405; and
 (j) Shall ensure that child support orders are in compliance with the formula established by this chapter.
 (5) In any proceeding under subsection (4) of this section, the parties are those described in ORS 416.407.
 (6) The district attorney of any county and the department may provide by agreement for assumption by the Division of Child Support of the functions of the district attorney under subsection (1) of this section or for redistribution between the district attorney and the Division of Child Support of all or any portion of the duties, responsibilities and functions set forth in subsections (1) and (4) of this section.
 (7) All county governing bodies and all district attorneys shall enter into child support cooperative agreements with the department. The following apply to this subsection:
 (a) The agreements shall contain appropriate terms and conditions sufficient for the state to comply with all child support enforcement service requirements under federal law; and
 (b) If this state loses any federal funds due to the failure of a county governing body or district attorney to either enter into an agreement under this subsection or to provide sufficient support enforcement service, the county shall be liable to the department for, and the liability shall be limited to, the amount of money the state determines it lost because of the failure. The state shall offset the loss from any moneys the state is holding for or owes the county or from any moneys the state would pay to the county for any purpose.
 (8) The Department of Justice shall enter into an agreement with the Oregon District Attorneys Association to establish a position or positions to act as a liaison between the Division of Child Support and those district attorneys who provide support enforcement services under this section. The department shall fund the position or positions. The Oregon District Attorneys Association shall administer the liaison position or positions under the agreement. The liaison shall work to:
 (a) Enhance the participation and interaction of the district attorneys in the development and implementation of Child Support Program policies and services; and
 (b) Increase the effectiveness of child support enforcement services provided by the district attorneys.
 (9) The district attorney or the Division of Child Support, whichever is appropriate, shall provide the services specified in subsections (1) and (4) of this section to any applicant, but may in their discretion, upon a determination and notice to the applicant that the prospect of successful recovery from the obligor of a portion of the delinquency or future payments is remote, require payment to the district attorney or the Division of Child Support of an application fee, in accordance with an application fee schedule established by rule by the department. If service performed results in the district attorney or the Division of Child Support recovering any support enforcement fees, the fees shall be paid to the applicant in an amount equal to the amount of the application fee.
 (10) An obligee may request the Division of Child Support or a district attorney to cease all collection efforts if it is anticipated that physical or emotional harm will be caused to the parent or caretaker relative or the child for whom support was to have been paid. The department, by rule, shall set out the circumstances under which such requests shall be honored. [Formerly 23.790; 1991 c.758 §1; 1993 c.33 §367; 1995 c.608 §9; 1997 c.704 §16; 2001 c.900 §236; 2003 c.73 §20; 2003 c.576 §295; 2005 c.560 §2; 2009 c.352 §4]
 Section 25.081 - Access to records with Social Security number.
 (2) To the maximum extent feasible, a public body maintaining records described in ORS 25.785, including automated records, shall make the records accessible by Social Security number for purposes of support enforcement.
 (3) For purposes of this section, "public body" has the meaning given that term in ORS 192.311. [1997 c.746 §118]
 Note: 25.081 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.082 - Administrative subpoenas; civil penalty; rules.
 (2) A party or public or private entity that discloses information to the enforcing agency in compliance with a subpoena served under subsection (1) of this section is not liable to any person for any loss, damage or injury arising out of the disclosure.
 (3) Upon request of an enforcing agency of another state, only a court or enforcing agency of Oregon may enforce a subpoena issued by the enforcing agency of the other state.
 (4) Notwithstanding ORS 192.600, a party or public or private entity that fails without good cause to comply with a subpoena issued under this section is subject to a civil penalty not to exceed $250. A civil penalty under this section must be imposed in the manner provided by ORS 183.745.
 (5) The Department of Justice shall adopt rules to implement the provisions of this section. [1997 c.746 §33; 2003 c.73 §21; 2017 c.651 §10]
 Note: 25.082 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.083 - High-volume automated administrative enforcement services.
 (a) Through automated data matches with financial institutions and other entities where assets may be found, identify assets owned by persons who owe child support in other states; and
 (b) Seize such assets by execution as defined in ORS 18.005 or by such other processes to seize property as the division is authorized by law to use.
 (2) A request by another state for services provided under subsection (1) of this section:
 (a) Must include information, as required by rule, that will enable the department to compare the information about the case with information in databases within Oregon; and
 (b) Constitutes a certification by the state requesting the services:
 (A) Of the amount of periodic support under an order, the payment of which is in arrears; and
 (B) That it has complied with all procedural due process requirements applicable to the case.
 (3) The administrator is authorized to request from other states services of the type provided under subsection (1) of this section. [1999 c.930 §2; 2001 c.249 §71; 2003 c.576 §576]
 Section 25.084 - Assignment of rights or written application required for services; incorporation in judgment.
 (a) Is signed by the person;
 (b) Includes the last-known addresses of the obligor and the obligee; and
 (c) Indicates that the person is applying for child support services.
 (2) Any support judgment that provides for payment to the Department of Justice under ORS 25.020 may have an application incorporated in the judgment. [2009 c.352 §2; 2011 c.318 §5]
 Note: 25.084 was added to and made a part of ORS chapter 25 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.085 - Service on obligee; methods.
 (2) Notwithstanding any other provision of this chapter or ORS chapter 110 or 416, when a case is referred to this state by a public child support agency of another state for action in this state, there is no requirement that an obligee, present in the initiating state and receiving child support enforcement services from that state, be served in any action taken in this state as a consequence of the interstate referral. In such cases the requirement to serve the obligee that would otherwise apply is satisfied by sending to the initiating agency in the other state, by regular mail, any documents that would otherwise be served upon the obligee.
 (3) The appropriate child support agency of the state shall make any mailings to or service upon the obligee that is required by this section. [1993 c.596 §17; 1995 c.608 §26; 1997 c.249 §16; 1999 c.87 §1; 2003 c.572 §4; 2011 c.318 §8]
 Note: 25.085 was added to and made a part of ORS chapter 25 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.088 - Effect of dismissal of judicial proceeding on existing administrative order of support.
 Note: 25.088 was added to and made a part of ORS chapter 25 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.089 - Enforcement and modification of child support judgments.
 (2)(a) A child support judgment originating under ORS 416.440 has all the force, effect and attributes of a circuit court judgment. The judgment lien created by a child support judgment originating under ORS 416.440 applies to all arrearages owed under the underlying order from the date the administrator or administrative law judge entered, filed or registered the underlying order under ORS 416.400 to 416.465 or ORS chapter 110.
 (b) Until the underlying order is filed under ORS 416.440, the order may not be enforced against and has no lien effect on real property.
 (c) No action to enforce a child support judgment originating under ORS 416.440 may be taken while the child support judgment is stayed under ORS 416.427, except as permitted in the order granting the stay.
 (3) In any judicial or administrative proceeding in which child support may be awarded under this chapter or ORS chapter 107, 108, 109, 110 or 416 or ORS 125.025, 419B.400 or 419C.590, if a child support judgment already exists with regard to the same obligor and child:
 (a) A court may only enforce the existing child support judgment, modify the existing child support judgment as specifically authorized by law or set aside the existing child support judgment under subsection (6) of this section or under the provisions of ORCP 71. If the court sets aside the existing child support judgment, the court may issue a new child support judgment.
 (b) The administrator or administrative law judge may only enforce the existing child support judgment, modify the existing child support judgment as specifically authorized by law or, with regard to an existing child support judgment originating under ORS 416.400, move to set aside the existing child support judgment under subsection (6) of this section or for the reasons set out in ORCP 71.
 (4) If the administrator or administrative law judge finds that there exist two or more child support judgments involving the same obligor and child and the same period of time, the administrator or administrative law judge shall apply the provisions of ORS 416.448.
 (5)(a) If the court finds that there exist two or more child support judgments involving the same obligor and child and the same period of time, and each judgment was issued in this state, the court shall apply the provisions of ORS 25.091 to determine the controlling terms of the child support judgments and to issue a governing child support judgment as defined in ORS 25.091.
 (b) If the court finds that there exist two or more child support judgments involving the same obligor and child and the same period of time, and one or more of the judgments was issued by a tribunal of another state, the court shall apply the provisions of ORS chapter 110 to determine which judgment is the controlling child support order.
 (6) Subject to the provisions of subsection (3) of this section, a court may modify or set aside a child support judgment issued in this state when:
 (a) The child support judgment was issued without prior notice to the issuing court, administrator or administrative law judge that:
 (A) There was pending in this state or any other jurisdiction any type of support proceeding involving the child; or
 (B) There existed in this state or any other jurisdiction another child support judgment involving the child; or
 (b) The child support judgment was issued after another child support judgment, and the later judgment did not enforce, modify or set aside the earlier judgment in accordance with this section.
 (7) When modifying a child support judgment, the court, administrator or administrative law judge shall specify in the modification judgment the effects of the modification on the child support judgment being modified. [2003 c.146 §2; 2003 c.576 §298a; 2005 c.22 §14; 2009 c.351 §5]
 Note: 25.089 and 25.091 were added to and made a part of ORS chapter 25 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.091 - Multiple child support judgments.
 (a) "Child support judgment" has the meaning given that term in ORS 25.089.
 (b) "Governing child support judgment" means a child support judgment issued in this state that addresses child support, including medical support as defined in ORS 25.321, and is entitled to exclusive prospective enforcement or modification with respect to any earlier child support judgment issued in this state.
 (2) Notwithstanding any other provision of this section or ORS 25.089, when two or more child support judgments exist involving the same obligor and child and one or more of the judgments was issued by a tribunal of another state, the court shall apply the provisions of ORS chapter 110 before enforcing or modifying a judgment under this section or ORS 25.089.
 (3) When two or more child support judgments exist involving the same obligor and child and the same period, any party to one or more of the child support judgments or the administrator, under ORS 416.448, may file a petition with the court for a governing child support judgment under this section. When a matter involving a child is before the court and the court finds that two or more child support judgments exist involving the same obligor and child and the same period, the court on its own motion, and after notice to all affected parties, may determine the controlling terms of the child support judgments and issue a governing child support judgment under this section.
 (4)(a) Except as provided in paragraph (b) of this subsection, when two or more child support judgments exist involving the same obligor and child and the same period, and each judgment was issued in this state, there is a presumption that the terms of the last-issued child support judgment are the controlling terms and terminate contrary terms of each earlier-issued child support judgment.
 (b) If the earlier-issued child support judgment requires provision of a specific type of child support and the last-issued child support judgment is silent with respect to that type of child support, the requirement of the earlier-issued child support judgment continues in effect.
 (5) A party may rebut the presumption in subsection (4) of this section by showing that:
 (a) The last-issued child support judgment should be set aside under the provisions of ORCP 71;
 (b) The last-issued child support judgment was issued without prior notice to the issuing court, administrator or administrative law judge that:
 (A) There was pending in this state or any other jurisdiction any type of support proceeding involving the child; or
 (B) There existed in this state or any other jurisdiction another child support judgment involving the child; or
 (c) The last-issued child support judgment was issued after an earlier child support judgment and did not enforce, modify or set aside the earlier child support judgment in accordance with ORS 25.089.
 (6) When a court finds that two or more child support judgments exist involving the same obligor and child and the same period, and each child support judgment was issued in this state, the court shall set the matter for hearing to determine the controlling terms of the child support judgments. When the child support judgments were issued in different counties of this state, the court may designate an auxiliary court under ORS 25.100.
 (7) Following a review of each child support judgment and any other evidence admitted by the court:
 (a) The court shall apply the presumption in subsection (4) of this section, unless the presumption is rebutted, and shall determine the controlling terms of the child support judgments; and
 (b) Notwithstanding ORS 25.089 (3), the court shall issue a governing child support judgment addressing child support, including medical support as defined in ORS 25.321, for the benefit of the child.
 (8) The governing child support judgment must include:
 (a) A reference to each child support judgment considered and a copy of the judgment;
 (b) A determination of which terms regarding child support, including medical support as defined in ORS 25.321, are controlling and which child support judgment or judgments contain those terms;
 (c) An affirmation, termination or modification of the terms regarding child support, including medical support as defined in ORS 25.321, in each of the child support judgments;
 (d) Except as provided in subsection (9) of this section, a reconciliation of any child support arrears or credits under all of the child support judgments; and
 (e) The effective date of each controlling term and the termination date of each noncontrolling term in each of the child support judgments. In determining these dates, the court may apply the following:
 (A) A controlling term is effective on the date specified in the child support judgment containing that term or, if no date is specified, on the date the child support judgment was entered as described in ORS 18.075.
 (B) A noncontrolling term is terminated on the date the governing child support judgment is entered as described in ORS 18.075.
 (9) The court may order the parties, in a separate proceeding under ORS 25.167 or 416.429, to reconcile any child support arrears or credits under all of the child support judgments.
 (10) When the governing child support judgment is entered as described in ORS 18.075, the noncontrolling terms of each earlier child support judgment are terminated. However, subject to subsection (11) of this section, the entry of the governing child support judgment does not affect any child support payment arrearage or any liability related to medical support, as defined in ORS 25.321, that has accrued under a child support judgment before the governing child support judgment is entered.
 (11) For purposes of reconciling any child support arrears or credits under all of the child support judgments, amounts collected and credited for a particular period under one child support judgment must be credited against the amounts accruing or accrued for the same period under any other child support judgment.
 (12) Not sooner than 30 days and not later than 60 days after entry of the governing child support judgment, a party named by the court, or the petitioner if the court names no other party, shall file a copy of the governing child support judgment with each court or the administrator that issued an earlier child support judgment. A party who fails to file a copy of the governing child support judgment as required by this subsection is subject to monetary sanctions, including but not limited to attorney fees, costs and disbursements. A failure to file does not affect the validity or enforceability of the governing child support judgment.
 (13) This section applies to any judicial proceeding in which child support may be awarded or modified under this chapter or ORS chapter 107, 108, 109 or 416 or ORS 125.025, 419B.400, 419B.923, 419C.590 or 419C.610. [2003 c.146 §3; 2005 c.22 §15; 2005 c.83 §2; 2009 c.351 §6; 2017 c.252 §4]
 Note: See note under 25.089.
 Section 25.095 - Later-issued child support judgment.
 (a) "Administrator" has the meaning given that term in ORS 25.010.
 (b) "Child support judgment" has the meaning given that term in ORS 25.089.
 (2) Notwithstanding the provisions of ORS 25.089, 25.091 and 416.448 to the contrary, the terms of a child support judgment originating under ORS 416.440 are terminated by the terms of a later-issued child support judgment of a court if:
 (a) The two child support judgments involve the same obligor and child and the same period;
 (b) The administrator is providing services under ORS 25.080;
 (c) The administrator or a court gives the later-issued child support judgment precedence over the earlier-issued child support judgment originating under ORS 416.440; and
 (d) All parties had an opportunity to challenge the amount of child support ordered in the later-issued child support judgment.
 (3) Notwithstanding the provisions of ORS 25.091 (11) and 416.448 (7), for purposes of reconciling any support payment records under the two child support judgments described in subsection (2) of this section:
 (a) The terms of the child support judgment originating under ORS 416.440 are deemed terminated on the effective date of the later-issued child support judgment; and
 (b) Entry of the later-issued child support judgment does not affect any support payment arrearage or credit that has accrued under the earlier-issued child support judgment originating under ORS 416.440. [2005 c.83 §1; 2007 c.356 §2; 2015 c.73 §1]
 Note: 25.095 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.100 - Designation of auxiliary court in county where party resides or property located.
 (2) The clerk of the circuit court in which the original order or judgment was entered shall notify the auxiliary court of the order designating the auxiliary court. [Formerly 23.795; 1993 c.33 §283; 1995 c.608 §27; 1995 c.609 §4; 1997 c.704 §18; 1999 c.80 §43; 2003 c.576 §296; 2017 c.252 §3]
 Section 25.110 - Jurisdiction of designated auxiliary court.
 (2) The only courts that have jurisdiction to modify any provision of the original order or judgment are:
 (a) The court having original jurisdiction of the cause in which the order or judgment was entered; and
 (b) An auxiliary court designated under ORS 25.100.
 (3) When an auxiliary court enters an order or judgment under this section, the clerk of the auxiliary court shall forward the order or judgment to the clerk of the court in which the original order or judgment was entered. The clerk of the court in which the original order or judgment was entered shall file the auxiliary court’s order or judgment in the original court file. [Formerly 23.800; 2003 c.576 §297; 2017 c.252 §6]
 Section 25.125 - Disposition of support obligation overpayments; liquidated debts in favor of state; rules.
 (2) An overpayment in favor of the state is created when the Department of Justice, under ORS 25.020, has transmitted moneys received from, or on behalf of, any person or entity, including but not limited to an obligor, an obligee or a collection agency, a child support agency of another state or an agency of this state, and:
 (a) The amount transmitted is more than the support obligation requires and the Department of Justice has returned the excess to the obligor under subsection (1) of this section;
 (b) The Department of Justice has misapplied moneys received; or
 (c) The amount transmitted is attributable in whole or in part to a tax refund offset collection all or part of which has been taken back by the Internal Revenue Service or the Department of Revenue.
 (3)(a) The person or entity to which the moneys were transmitted owes the amount of the overpayment to the state. The Department of Justice shall:
 (A) Attempt to recover the overpayment if it is cost-effective to do so;
 (B) Notify the person or entity to whom the overpayment was made that the person or entity owes money to the state and specify the amount of the overpayment to be returned to the department; and
 (C) Give the person or entity opportunity to object.
 (b) If the person or entity does not file a timely written objection, the overpayment amount determined by the department becomes a liquidated debt and creates an account receivable owed to the department, and the provisions of subsection (4) of this section apply. If the department does not resolve an objection to the person’s or entity’s satisfaction, an administrative law judge assigned from the Office of Administrative Hearings shall hear the objection. An order by the administrative law judge becomes a liquidated debt and creates an account receivable owed to the department. The person or entity may appeal the decision of an administrative law judge to the circuit court for a hearing de novo.
 (c) Notwithstanding paragraph (a) of this subsection, if an agency of this or another state owes the overpayment, the agency shall return the amount of the overpayment to the department without notice and opportunity to object.
 (4)(a) The amount of the overpayment specified in subsection (3)(a) of this section is a liquidated debt owed to the state and an associated account receivable. The Department of Justice may recover the debt by obtaining from the obligee a voluntary assignment of a portion of future support payments to be applied to the account receivable or in any other way permitted by law.
 (b) Accounts receivable are considered delinquent for purposes of this subsection and are subject to the provisions of ORS chapter 293 if:
 (A) The person or entity fails to make full payment within 90 days of liquidation; or
 (B) A period of 90 days elapses without a payment as required by a payment agreement between the department and the obligated person or entity.
 (5)(a) In addition to the account receivable created under subsection (2) of this section, a debt in favor of the state and an associated account receivable are created when:
 (A) The Department of Justice receives payment for support amounts due from an obligor, a withholder subject to an order to withhold under this chapter or another issuer on behalf of an obligor;
 (B) The Department of Justice transmits the amount to any other person or entity; and
 (C) The payment is dishonored or reversed.
 (b) When a debt is created under paragraph (a) of this subsection, the amount of money specified in the payment is owed to the state, and the department may collect the debt from one of the following:
 (A) The obligor, regardless of who presented the check.
 (B) The withholder, if the withholder presented the check.
 (C) The other issuer, if another issuer presented the check.
 (D) The person or entity to which the amount was transmitted by the department.
 (c) The Department of Justice shall:
 (A) Attempt to recover the debt if it is cost-effective to do so;
 (B) Notify the obligor, withholder or other issuer who made the payment that the person or entity owes the money to the state; and
 (C) Specify the amount of the debt to be paid to the department.
 (d) The amount of the debt specified in paragraph (c) of this subsection is a liquidated debt owed to the state and an account receivable. The Department of Justice may recover the debt and collect on the account receivable in any way permitted under law.
 (e) Accounts receivable are considered delinquent for purposes of this subsection and are subject to the provisions of ORS chapter 293 when:
 (A) The person or entity fails to make full payment within 90 days of liquidation; or
 (B) A period of 90 days elapses without a payment as required by a payment agreement between the department and the obligated person or entity.
 (6)(a) When an action is pending to terminate, vacate or set aside a support order or to modify a support order because of a change in physical custody of the child, the administrator may suspend enforcement of the support order if:
 (A) Collection of support would result in a credit balance if the motion were granted; or
 (B) Collection of child support would impair the ability of the obligor with physical custody of all of the parties’ children to provide direct support to the children.
 (b) The obligee may object, within 14 days after the date of the notice of intent to suspend enforcement of the support order, only on the grounds that:
 (A) The child is not in the physical custody of the obligor;
 (B) The child is in the physical custody of the obligor without the consent of the obligee; or
 (C) The basis for the suspension of enforcement is factually incorrect.
 (c) A party may appeal the administrator’s decision to suspend or not to suspend enforcement of the support order under ORS 183.484.
 (d) As used in this subsection, "credit balance" means that payments have been made in excess of all amounts owed by an obligor for ongoing and past due child support.
 (7) The Department of Justice shall adopt rules to carry out the provisions of this section. [1997 c.385 §2; 2001 c.961 §2; 2003 c.73 §22a; 2003 c.75 §72; 2003 c.572 §5; 2005 c.560 §3; 2015 c.72 §1; 2015 c.74 §1; 2017 c.459 §1]
 Section 25.130 - Election of alternative support payment method; termination of election.
 (2) The election must be in writing and filed with the court that entered the support order. The election must be signed by both the obligor and the obligee and must specify the amount of the support payment, the date payment is due, the court order number and:
 (a) The account number of the checking or savings account that is to be used; or
 (b) The name of an escrow agent, licensed under ORS 696.511, to whom, and the account number into which, the payments are to be electronically transferred.
 (3) Notice of termination of the bank or escrow agent option and payment requirements pursuant to ORS 25.020 or 25.030 shall be sent by the Department of Justice to the obligor’s and to the obligee’s last-known address. [Formerly 23.807; 1993 c.596 §3; 1995 c.608 §8; 1997 c.704 §19; 1999 c.80 §80; 2003 c.210 §2]
 Section 25.140 - Copies of new or modified support orders to department.
 Section 25.150 - Department to collect fees for services.
 Section 25.160 - Referral of support cases to department; duration of collection services.
 (2) The Department of Justice shall continue collection, accounting and disbursement services for a case referred to the department under subsection (1) of this section until notified by the district attorney or the Division of Child Support that enforcement action has been discontinued. [Formerly 23.825; 1997 c.704 §22; 1999 c.80 §82; 2009 c.352 §5]
 Section 25.164 - Payment of support through Department of Justice; application.
 (2) An application under subsection (1) of this section must be in the form prescribed by ORS 25.084.
 (3) If an application is made under subsection (1) of this section, the administrator shall give notice to all parties that the application has been made. All support payments under the judgment that are due after the notice is given must be made through the department.
 (4) When an application is made under this section, the method of support accounting previously used for the support judgment terminates on the first day of the month following the month the application is made, and the department shall thereafter provide support accounting for the support judgment and disburse amounts paid under the judgment.
 (5) If an application is made under this section and a complete record of support payments does not exist, the department may establish a record of arrearage under ORS 25.167. [Formerly 25.320; 2003 c.146 §6; 2009 c.352 §6]
 Section 25.165 - Application of support payments; rules.
 (1) Require distribution of payments to child, medical or spousal support obligations and arrears in any sequence that is consistent with federal law;
 (2) Permit the division to develop criteria for when the division may override the debtor’s designation of the particular support debt to which the payment of child support or spousal support is applied; and
 (3) Provide the manner in which payments of child, medical or spousal support shall be applied to principal and interest that is due and owing on such obligations and arrears, irrespective of any contrary law. [2017 c.458 §2]
 Note: 25.165 was added to and made a part of ORS chapter 25 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.166 - Support payment due dates.
 (2) For purposes of support enforcement, any support payment that becomes due and payable on a day other than the first day of the month in which the payment is due shall be enforceable by income withholding as of the first day of that month.
 (3) Any court order or administrative order that contains an award of child, medical or spousal support that accrues on other than a monthly basis may, for income withholding and administrative support billing purposes only, be converted to a monthly amount.
 (4) Support payments become delinquent only if not paid in full within one month of the payment due date. A monthly child support obligation that is to be paid in two or more installments does not become delinquent until the obligation is not paid in full by the due date for the first installment in the next month.
 (5) Subsections (2) and (3) of this section do not apply to the determination or issuance of support arrearage liens, installment arrearage liens, judgment liens, writs of garnishment or any other action or proceeding that affects property rights under ORS chapter 18. [2017 c.462 §1]
 Note: 25.166 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.167 - Procedure for determining arrearages.
 (1) A record of support payment arrearage may be established by:
 (a) Court order;
 (b) A governing child support judgment issued under ORS 25.091 or 416.448;
 (c) Administrative order issued under ORS 416.427 or 416.429;
 (d) Stipulation of the parties; or
 (e) The procedures under subsection (2) of this section whenever an existing child or spousal support case enters the Department of Justice records system without a current payment record maintained by any court clerk.
 (2) When allowed under subsection (1) of this section, arrearage amounts may be established under this subsection. All of the following apply to this subsection:
 (a) The obligee or obligor may execute a certificate in a form acceptable to the Department of Justice that states the total amount owed or the payment history in as much detail as is necessary to demonstrate the periods and amounts of any arrearage.
 (b) The person making the certificate shall file the original certificate with the court in which the support judgment was entered. When a governing child support judgment has been issued, the person making the certificate shall file the original certificate with the court that issued the governing child support judgment.
 (c) The person making the certificate shall serve a true copy of the certificate upon the other party together with a notice that the certificate will be the basis of a permanent record unless the other party files objections.
 (d) For objections to be valid under paragraph (c) of this subsection, the other party must file the objection with the court within 30 days from the date of service of the certificate and must mail or serve true copies of the objections on both the party who filed the certificate and either:
 (A) The district attorney; or
 (B) If support rights are or have been assigned to the State of Oregon at any time within the last five months or if arrears under the support judgment are so assigned, the Division of Child Support of the Department of Justice.
 (e) If objections are filed within the time allowed, the party filing the certificate must file a supplemental certificate that is in a form acceptable to the department and that provides any information concerning the payment history that the department determines necessary.
 (f) If objections are filed within the time allowed, the district attorney or the Division of Child Support shall cause the case to be set for a court hearing. At the hearing, the court shall consider the correctness of the certificate but may not consider objections to the merits of the support judgment. The parties may settle the case by written agreement anytime before the court hearing. Notice of the court hearing shall be served upon the party filing the objections as authorized in ORCP 9 B.
 (g) If no objections are filed under this subsection within the time allowed, the amount of arrearage stated in the certificate is the amount owed for purposes of any subsequent action. The district attorney or the Division of Child Support shall file with the court a certificate stating the arrearage established under this paragraph.
 (3) When an application for support enforcement services is made under ORS 25.164, an agency or court may not take or allow any ex parte enforcement action on amounts owed as arrearage from before the time that the Department of Justice commences support accounting and disbursement until the amount is established under this section. This subsection does not prohibit or limit any enforcement action on support payments that become due subsequent to the department’s commencement of support accounting and disbursement under ORS 25.164.
 (4) In any determination under this section, a canceled check, payable to the obligee, indorsed by the obligee or deposited to an account of the obligee, drawn on the account of the obligor and marked as child support shall be prima facie evidence that child support was paid to the obligee in the amount shown on the face of the check. It is immaterial that the check was signed by a person other than the obligor, provided that the person who signed the check was an authorized signatory of checks drawn on the account. [Formerly 25.330; 2003 c.146 §7; 2003 c.576 §298; 2009 c.352 §7; 2011 c.318 §1]
 Section 25.170 - Proceedings to require delinquent obligor to appear for examination of financial circumstances.
 Section 25.180 - Examination of obligor’s financial circumstances.
 (2) An obligee or the obligee’s attorney may examine the obligor in a proceeding conducted under this section. [Formerly 23.837; 1989 c.599 §2; 1993 c.596 §5]
 Section 25.190 - Continuance of proceedings; certification of matter to court; service of notice to obligor and obligee.
 (2) Any notice served upon the obligor regarding a continuation of the examination or regarding the certification of the matter to the court for a contempt hearing must also be served upon the obligee. Such service upon the obligee may be by regular mail. [Formerly 23.842; 1989 c.599 §3; 1993 c.596 §6]
 Section 25.200 - Arrest of obligor for failure to appear.
 (2) If the matter has been certified to the court for a contempt hearing and the obligor, having been properly served, fails to appear, the court shall order the issuance of a warrant for the arrest of the obligor. Upon arrest, the obligor shall be brought before the court to show cause why the obligor should not be held in contempt for a failure to appear as ordered. [Formerly 23.845; 1989 c.599 §4]
 Section 25.210 - Use of obligor’s property for delinquent support payments.
 Section 25.213 - Assignment of proceeds of insurance policy to secure support obligation.
 Section 25.220 - Computer printouts of administrator; evidence of authenticity not required in support proceedings; evidentiary effect.
 (2) To the extent permitted under federal and state law, obligors and obligees, and their attorneys, may obtain copies of such printouts upon request made to the administrator. [Formerly 23.855; 1989 c.519 §1; 1997 c.704 §23; 1999 c.735 §19]
 Section 25.230 - Court authorized to require security for support payments.
 Section 25.240 - Order to pay support by parent with legal custody of minor.
 Section 25.243 - Grievance procedure; rules.
 Section 25.245 - Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments; rules.
 (2) Each month, the Department of Human Services shall identify those persons receiving cash payments under the programs listed in subsection (1) of this section that are administered by the State of Oregon and provide that information to the administrator. If benefits are received from programs listed in subsection (1) of this section that are administered by other states, tribes or federal agencies, the obligor shall provide the administrator with written documentation of the benefits. The Department of Human Services shall adopt rules to implement this subsection.
 (3) The administrator shall refer to the information provided in subsection (2) of this section prior to establishing any child support obligation. Within 30 days following identification of persons under subsection (2) of this section, the entity responsible for support enforcement services under ORS 25.080 shall provide notice of the presumption to the obligee and obligor and shall inform all parties to the support order that, unless a party objects as provided in subsection (4) of this section, child support shall cease accruing beginning with the support payment due on or after the date the obligor first begins receiving the cash payments and continuing through the support payment due in the last month in which the obligor received the cash payments. The entity responsible for support enforcement services shall serve the notice on the obligee in the manner provided for the service of summons in a civil action, by certified mail, return receipt requested, or by any other mail service with delivery confirmation and shall serve the notice on the obligor by first class mail to the obligor’s last-known address. The notice shall specify the month in which cash payments are first made and shall contain a statement that the administrator represents the state and that low cost legal counsel may be available.
 (4) A party may object to the presumption by sending an objection to the entity responsible for support enforcement services under ORS 25.080 within 30 days after the date of service of the notice. The objection must describe the resources of the obligor or other evidence that might rebut the presumption of inability to pay child support. The entity receiving the objection shall cause the case to be set for a hearing before a court or an administrative law judge. The court or administrative law judge may consider only whether the presumption has been rebutted.
 (5) If no objection is made, or if the court or administrative law judge finds that the presumption has not been rebutted, the Department of Justice shall discontinue billing the obligor for the period of time described in subsection (3) of this section and no arrearage shall accrue for the period during which the obligor is not billed. In addition, the entity providing support enforcement services shall file with the circuit court in which the support order or judgment has been entered a copy of the notice described in subsection (3) of this section or, if an objection is made and the presumption is not rebutted, a copy of the administrative law judge’s order.
 (6)(a) Within 30 days after the date the obligor ceases receiving cash payments under a program listed in subsection (1) of this section, the Department of Justice shall provide notice to all parties to the support order:
 (A) Specifying the last month in which a cash payment was made;
 (B) Stating that the payment of those benefits has terminated and that by operation of law billing and accrual of support resumes; and
 (C) Informing the parties of their rights to request a review and modification of the support order based on a substantial change in circumstance or pursuant to ORS 25.287 or any other provision of law.
 (b) The notice shall include a statement that the administrator represents the state and that low cost legal counsel may be available.
 (c) The entity providing enforcement services shall file a copy of the notice required by paragraph (a) of this subsection with the circuit court in which the support order or judgment has been entered.
 (7) Receipt by a child support obligor of cash payments under any of the programs listed in subsection (1) of this section shall be sufficient cause for a court or administrative law judge to allow a credit and satisfaction against child support arrearage for months that the obligor received the cash payments.
 (8) The notice and finding of financial responsibility required by ORS 416.415 shall include notice of the presumption, nonaccrual and arrearage credit rights provided for in this section.
 (9) The presumption, nonaccrual and arrearage credit rights created by this section shall apply whether or not child support enforcement services are being provided under Title IV-D of the Social Security Act.
 (10) Application of the presumption, nonaccrual and arrearage credit rights created by this section does not constitute a modification but does not limit the right of any party to seek a modification of a support order based upon a change of circumstances or pursuant to ORS 25.287 or any other provision of law. In determining whether a change in circumstances has occurred or whether three years have elapsed, or such shorter cycle as determined by rule of the Department of Justice, since entry of a support order, the court or administrative law judge may not consider any action taken under this section as entry of a support order. The presumption stated in subsection (1) of this section applies in any modification proceeding. [1991 c.520 §3; 1993 c.799 §1; 1997 c.704 §24; 2001 c.104 §5; 2001 c.455 §6; 2003 c.75 §73; 2003 c.576 §299; 2007 c.861 §11; 2007 c.878 §3; 2009 c.80 §1; 2011 c.318 §2]
 Section 25.247 - Rebuttable presumption of inability to pay child support when obligor incarcerated.
 (2) The Department of Justice and the Department of Corrections shall enter into an agreement to conduct data matches to identify the obligors described in subsection (1) of this section or as determined by the court.
 (3) Within 30 days following identification of an obligor described in subsection (1) of this section whose child support obligation has not already been modified due to incarceration, the entity responsible for support enforcement services under ORS 25.080 shall provide notice of the presumption to the obligee and obligor and shall inform all parties to the support order that, unless a party objects as provided in subsection (4) of this section, child support shall cease accruing beginning with the first day of the first month that follows the obligor becoming incarcerated for a period of at least 180 consecutive days and continuing through the support payment due in the last month prior to the reinstatement of the support order as provided in subsection (6) of this section. The entity shall serve the notice on the obligee in the manner provided for the service of summons in a civil action, by certified mail, return receipt requested, or by any other mail service with delivery confirmation and shall serve the notice on the obligor by first class mail to the obligor’s last-known address. The notice shall specify the month in which the obligor became incarcerated and shall contain a statement that the administrator represents the state and that low-cost legal counsel may be available.
 (4) A party may object to the presumption by sending an objection to the entity that served the notice under subsection (3) of this section within 30 days after the date of service of the notice. The objection must describe the resources of the obligor or other evidence that rebuts the presumption of inability to pay child support. The entity receiving the objection shall cause the case to be set for a hearing before a court or an administrative law judge. The court or administrative law judge may consider only whether the presumption has been rebutted.
 (5) If no objection is made, or if the court or administrative law judge finds that the presumption has not been rebutted, the Department of Justice shall discontinue billing the obligor for the period of time described in subsection (3) of this section and no arrearage shall accrue for the period during which the obligor is not billed. In addition, the entity providing support enforcement services shall file with the circuit court in which the support order or judgment has been entered a copy of the notice described in subsection (3) of this section or, if an objection is made and the presumption is not rebutted, a copy of the court’s or administrative law judge’s order.
 (6) An order that has been suspended as provided in this section will automatically be reinstated at 50 percent of the previously ordered support amount on the first day of the first month that follows the 120th day after the obligor’s release from incarceration.
 (7)(a) Within 30 days following reinstatement of the order pursuant to subsection (6) of this section, the Department of Justice shall provide notice to all parties to the support order:
 (A) Specifying the last date on which the obligor was incarcerated;
 (B) Stating that by operation of law, billing and accrual of support resumed on the first day of the first month that follows the 120th day after the obligor’s release from incarceration; and
 (C) Informing the parties that the administrator will review the support order for purposes of modification of the support order as provided in subsection (8) of this section within 60 days following reinstatement of the order.
 (b) The notice shall include a statement that the administrator represents the state and that low-cost legal counsel may be available.
 (c) The entity providing support enforcement services shall file a copy of the notice required by paragraph (a) of this subsection with the circuit court in which the support order or judgment has been entered.
 (8) Within 60 days of the reinstatement under subsection (6) of this section, the administrator shall review the support order for purposes of modifying the support order.
 (9) An obligor’s incarceration for at least 180 consecutive days or an obligor’s release from incarceration is considered a substantial change of circumstances for purposes of child support modification proceedings.
 (10) Proof of incarceration for at least 180 consecutive days is sufficient cause for the administrator, court or administrative law judge to allow a credit and satisfaction against child support arrearages for each month that the obligor was incarcerated or that is within 120 days following the obligor’s release from incarceration unless the presumption of inability to pay has been rebutted.
 (11) Orders modified to zero prior to January 1, 2018, remain in force with reinstatement at the full amount ordered by the court occurring 61 days after release. Such orders are not subject to suspension and reinstatement as provided in this section.
 (12) The provisions of subsections (1), (9) and (10) of this section apply regardless of whether child support enforcement services are being provided under Title IV-D of the Social Security Act.
 (13) The Department of Justice shall adopt rules to implement this section.
 (14) As used in this section, "support order" means a judgment or administrative order that creates child support rights and that is entered or issued under ORS 416.400 to 416.465, 419B.400 or 419C.590 or this chapter or ORS chapter 107, 108, 109 or 110. [2017 c.464 §2]
 Section 25.260 - Confidentiality of records; rules.
 (a) The program described in ORS 180.345;
 (b) The Administrator of the Division of Child Support of the Department of Justice;
 (c) A district attorney; and
 (d) The administrator’s or district attorney’s authorized representative.
 (2) Unless otherwise authorized by law, child support records, including data contained in the Child Support Program’s automated system, are confidential and may be disclosed or used only as necessary for the administration of the program.
 (3) In administering the Child Support Program, the program may:
 (a) In accordance with rules adopted under subsection (7) of this section, report abuse as defined in ORS 419B.005 if the abuse is discovered while providing program services.
 (b) Extract and receive information from other databases as necessary to carry out the program’s responsibilities under state and federal law.
 (4) The Child Support Program may compare and share information with public and private entities as necessary to perform the program’s responsibilities under state and federal law.
 (5) The Child Support Program may exchange information with state agencies administering programs funded under Title XIX and Part A of Title IV of the Social Security Act as necessary for the Child Support Program and the state agencies to perform their responsibilities under state and federal law.
 (6) In addition to any penalty to which an individual may be subject under ORS 25.990, an employee of the Department of Justice, of a district attorney or of the Department of Human Services who discloses or uses the contents of any records in violation of subsection (2) of this section is subject to discipline, up to and including dismissal from employment.
 (7) The Department of Justice shall adopt rules consistent with federal regulations governing confidentiality of Child Support Program information. [1989 c.812 §3(1); 1991 c.758 §2; 1995 c.609 §7; 1999 c.80 §72; 2003 c.450 §1; 2005 c.22 §16]
 Section 25.265 - Access to information in Federal Parent Locator Service; rules.
 Note: 25.265 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.270 - Legislative findings.
 (1) The federal Family Support Act of 1988 mandates that the state must establish a formula for child support award amounts that is applicable in any judicial or administrative proceeding for the award of child support.
 (2) It is further mandated that the amount of child support determined by the formula must be presumed to be the correct amount unless rebutted by a specific finding on the record that the application of the formula would be unjust or inappropriate in the particular case as determined under criteria established by the state.
 (3) It is also mandated that the formula is to be reviewed at least once every four years to insure that the application of the formula results in appropriate child support awards.
 (4) There is a need for uniformity in child support awards, and child support awards often are based upon noneconomic factors and are inadequate in terms of the needs of the child.
 (5) The Division of Child Support of the Department of Justice is the appropriate agency to establish the required formula. [1989 c.811 §2]
 Section 25.275 - Formula for determining child support awards; criteria to be considered; mandated standards; reduction; rules.
 (a) All earnings, income and resources of each parent, including real and personal property;
 (b) The earnings history and potential of each parent;
 (c) The reasonable necessities of each parent;
 (d) The ability of each parent to borrow;
 (e) The educational, physical and emotional needs of the child for whom the support is sought;
 (f) The amount of assistance that would be paid to the child under the full standard of need of the state’s IV-A plan;
 (g) Preexisting support orders and current dependents; and
 (h) Other reasonable criteria that the division may find to be appropriate.
 (2) The formula described in subsection (1) of this section must also comply with the following standards:
 (a) The child is entitled to benefit from the income of both parents to the same extent that the child would have benefited had the family unit remained intact or if there had been an intact family unit consisting of both parents and the child.
 (b) Both parents should share in the costs of supporting the child in the same proportion as each parent’s income bears to the combined income of both parents.
 (3) The formula described in subsection (1) of this section must be designed to ensure, as a minimum, that the child for whom support is sought benefits from the income and resources of the absent parent on an equitable basis in comparison with any other minor children of the absent parent.
 (4) The child support obligation to be paid by the obligor and determined under the formula described in subsection (1) of this section:
 (a) May be reduced or increased in consideration of medical support, as provided in ORS 25.321 to 25.343.
 (b) May be reduced dollar for dollar in consideration of any Social Security or apportioned Veterans’ benefits paid to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement.
 (c) Shall be reduced dollar for dollar in consideration of any Survivors’ and Dependents’ Educational Assistance under 38 U.S.C. chapter 35 paid to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement. [1989 c.811 §3; 1993 c.800 §2; 1999 c.1030 §1; 2003 c.73 §26a; 2003 c.75 §75; 2003 c.572 §6; 2003 c.637 §15; 2009 c.351 §7]
 Section 25.280 - Formula amount presumed correct; rebuttal of presumption; criteria.
 (1) Evidence of the other available resources of a parent;
 (2) The reasonable necessities of a parent;
 (3) The net income of a parent remaining after withholdings required by law or as a condition of employment;
 (4) A parent’s ability to borrow;
 (5) The number and needs of other dependents of a parent;
 (6) The special hardships of a parent including, but not limited to, any medical circumstances of a parent affecting the parent’s ability to pay child support;
 (7) The needs of the child;
 (8) The desirability of the custodial parent remaining in the home as a full-time parent and homemaker;
 (9) The tax consequences, if any, to both parents resulting from spousal support awarded and determination of which parent will name the child as a dependent; and
 (10) The financial advantage afforded a parent’s household by the income of a spouse or another person with whom the parent lives in a relationship similar to that of a spouse. [1989 c.811 §4; 1993 c.33 §287; 1993 c.354 §1; 1995 c.608 §30; 2001 c.622 §42; 2007 c.71 §8; 2007 c.356 §3; 2015 c.629 §1]
 Section 25.287 - Proceedings to modify orders to comply with formula; when proceeding may be initiated; issues considered.
 (b) Proceedings under this subsection may occur only after three years have elapsed, or such shorter cycle as determined by rule of the Department of Justice, from the later of the following:
 (A) The date the original support obligation took effect;
 (B) The date any previous modification of the support obligation took effect; or
 (C) The date of any previous review and determination under this subsection that resulted in no modification of the support obligation.
 (c) For purposes of paragraph (b) of this subsection, a support obligation or modification takes effect on the first date on which the obligor is to pay the established or modified support amount.
 (d) The only issues at proceedings under this subsection are whether three years have elapsed, or such shorter cycle as determined by rule of the department, and whether the support obligation is in substantial compliance with the formula established under ORS 25.275.
 (e) Upon review, if the administrator determines that a support obligation does not qualify for modification under this section, a party may object to the determination within 30 days after the date of the determination. A hearing on the objection shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings. Appeal of the order of the administrative law judge may be taken to the circuit court of the county in which the support obligation has been entered or registered for a hearing de novo. The appeal to the court shall be by petition for review filed within 60 days after entry of the order of the administrative law judge.
 (f) If the court, the administrator or the administrative law judge finds that more than three years have elapsed, or such shorter cycle as determined by rule of the department, the court, the administrator or the administrative law judge shall modify the support order to bring the support obligation into substantial compliance with the formula established under ORS 25.275, regardless of whether there has been a substantial change in circumstances since the support obligation was last established, modified or reviewed. Proceedings by the administrator or administrative law judge under this subsection shall be conducted according to the provisions of ORS 416.425 and 416.427.
 (g) The provisions of this subsection apply to any support obligation established by a support order under this chapter or ORS chapter 107, 108, 109, 110 or 416 or ORS 419B.400 or 419C.590.
 (2) The entity providing support enforcement services shall state in the document initiating the proceeding, to the extent known:
 (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child, including a proceeding brought under ORS 107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.165, 125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and
 (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the child, other than the support obligation the entity seeks to modify.
 (3) The entity providing support enforcement services shall include with the document initiating the proceeding a certificate regarding any pending support proceeding and any existing support order other than the support obligation the entity seeks to modify. The entity providing support enforcement services shall use a certificate that is in a form prescribed by the administrator and shall include information required by the administrator and subsection (2) of this section.
 (4) The administrator, court or administrative law judge may use the provisions of subsection (1) of this section when a support order was entered in another state and registered in Oregon, the provisions of ORS chapter 110 apply and more than three years have elapsed, or such shorter cycle as determined by rule of the department.
 (5) Notwithstanding the provisions of this section, proceedings may be initiated at any time to modify a support obligation based upon a substantial change of circumstances under any other provision of law.
 (6) The obligee is a party to any action to modify a support obligation under this section. [1991 c.519 §3; 1993 c.33 §369; 1993 c.596 §7 (enacted in lieu of 25.285 in 1993); 1995 c.608 §31; 1999 c.80 §64; 1999 c.735 §1; 2001 c.455 §§7,8; 2003 c.75 §24; 2003 c.116 §§1,2; 2003 c.576 §§183,184; 2005 c.560 §4; 2007 c.71 §9; 2007 c.878 §4; 2015 c.298 §86]
 Section 25.290 - Determining disposable income of obligor; offsets; rules.
 (2) The Department of Justice may adopt rules governing the determination of the income subject to withholding that remains after application of offsets. Withholding actions in a case that is not receiving support enforcement services under ORS 25.080 may be appealed to the circuit court. [1995 c.608 §1b; 2003 c.73 §27]
 Section 25.311
 Section 25.313
 Section 25.314
 Section 25.315
 Section 25.316
 Section 25.317
 Section 25.318
 Section 25.320
 Section 25.321 - Definitions for ORS 25.321 to 25.343.
 (1) "Cash medical support" means an amount that a parent is ordered to pay to defray the cost of health care coverage provided for a child by the other parent or a public body, or to defray uninsured medical expenses of the child.
 (2) "Child support order" means a judgment or administrative order that creates child support rights and that is entered or issued under ORS 416.400 to 416.465, 419B.400 or 419C.590 or this chapter or ORS chapter 107, 108, 109 or 110.
 (3) "Employee health benefit plan" means a health benefit plan that is available to a providing party by reason of the providing party’s employment.
 (4) "Enforcing agency" means the administrator.
 (5) "Health benefit plan" means any policy or contract of insurance, indemnity, subscription or membership issued by an insurer, including health care coverage provided by a public body, and any self-insured employee benefit plan that provides coverage for medical expenses.
 (6) "Health care coverage" means providing and paying for the medical needs of a child through a policy or contract of insurance, indemnity, subscription or membership issued by an insurer, including medical assistance provided by a public body, and any self-insured employee benefit plan that provides coverage for medical expenses.
 (7) "Medical support" means cash medical support and health care coverage.
 (8) "Medical support clause" means a provision in a child support order that requires one or both of the parents to provide medical support for the child.
 (9) "Medical support notice" means a notice in the form prescribed under ORS 25.325 (5).
 (10) "Plan administrator" means:
 (a) The employer, union or other provider that offers a health benefit plan; or
 (b) The person to whom, under a written agreement of the parties, the duty of plan administrator is delegated by the employer, union or other provider that offers a health benefit plan.
 (11) "Providing party" means a party to a child support order who has been ordered by the court or the enforcing agency to provide medical support.
 (12) "Public body" has the meaning given that term in ORS 174.109. [2003 c.637 §2; 2007 c.878 §5; 2009 c.351 §1; 2011 c.318 §13; 2017 c.467 §2]
 Section 25.323 - Medical support.
 (2) Whenever a child support order that does not include a medical support clause is modified the modification must include a medical support clause.
 (3) A medical support clause may require that medical support be provided in more than one form, and may make the requirement that medical support be provided in a particular form contingent on the availability of another form of medical support.
 (4) A medical support clause must require that one or both parents provide health care coverage for a child that is appropriate and available at the time the order is entered. If health care coverage for a child is not appropriate and available at the time the order is entered, the order must:
 (a) Require that one or both parents provide health care coverage for the child at any time thereafter when such coverage becomes available; and
 (b) Either require the payment of cash medical support, or include findings on why cash medical support has not been required.
 (5) For the purposes of subsection (4) of this section, health care coverage is appropriate and available for a child if the coverage:
 (a) Is accessible, as described in subsection (6) of this section;
 (b) Is reasonable in cost and does not require the payment of unreasonable deductibles or copayments; and
 (c) Provides coverage, at a minimum, for medical expenses, hospital expenses, preventive care, emergency care, acute care and chronic care.
 (6) Health care coverage is accessible for the purposes of subsection (5)(a) of this section if:
 (a) The coverage will be available for at least one year, based on the work history of the parent providing the coverage; and
 (b) The coverage either does not have service area limitations or the child lives within 30 miles or 30 minutes of a primary care provider who is eligible for payment under the coverage.
 (7) A medical support clause may not order a providing party to pay cash medical support or to pay to provide health care coverage if the providing party’s income is equal to or less than the Oregon minimum wage for full-time employment.
 (8) Cash medical support and the cost of other medical support ordered under a medical support clause constitute a child support obligation and must be included in the child support calculation made under ORS 25.275. [2003 c.637 §3; 2007 c.878 §6; 2009 c.351 §2; 2009 c.595 §55; 2011 c.318 §6; 2017 c.467 §1]
 Section 25.325 - Enforcing medical support; form of notice; rules.
 (2) When a child support order with a medical support clause is entered and support enforcement services are being provided under ORS 25.080, the enforcing agency shall, when appropriate, issue a medical support notice to the providing party’s employer within two business days after receiving information under ORS 25.790 that the employer has hired or rehired the providing party.
 (3) If a child support order with a medical support clause is in effect or is being sought:
 (a) The providing party’s employer or the plan administrator for the providing party’s employee health care coverage shall release to the enforcing agency, upon request, the name and address of the health benefit plan that provides the coverage and the plan administrator; and
 (b) The plan administrator shall release to the obligee or the enforcing agency, upon request, information about health care coverage for dependents under the employee health benefit plan.
 (4) If a qualified medical child support order or a medical support notice has been served on the providing party’s employer, the order or notice is binding on the employer and the plan administrator for the providing party’s employee health benefit plan to the extent that the child is eligible to be enrolled in the health benefit plan under the applicable terms and conditions of the plan and the standard enrollment guidelines as described in ORS 743B.470. Enrollment of the child shall be allowed at any time, notwithstanding any enrollment season restrictions.
 (5) The Department of Justice, by rule, shall prescribe the form of a medical support notice for the purposes of ORS 25.321 to 25.343. In prescribing the form, the department shall consider all relevant federal law relating to medical support notices. [2003 c.637 §4; 2007 c.878 §7; 2009 c.351 §3]
 Section 25.327 - Service of medical support notice.
 (a) Personal service;
 (b) Any type of mail that is calculated to give actual notice and is addressed to one of the persons listed in this subsection; or
 (c) Electronic means if the employer has the ability to receive the medical support notice in that manner.
 (2) Service of a medical support notice constitutes receipt of a medical child support order.
 (3) The enforcing agency shall, as provided in ORS 25.333, notify the parties that the medical support notice has been served on the providing party’s employer. [2003 c.637 §5; 2007 c.878 §8]
 Section 25.329 - Actions required after service of medical support notice; rules.
 (1) The employer shall comply with the provisions in the medical support notice;
 (2) The plan administrator and the employer shall treat the medical support notice as an application by the enforcing agency for health care coverage for the named child under the health benefit plan to the extent an application is required by the plan;
 (3) If the providing party named in the medical support notice is not an employee of the employer, or if a health benefit plan is not offered or available to the providing party, the employer shall notify the enforcing agency within 20 business days after the date of the medical support notice;
 (4) If a health benefit plan is offered or available to the providing party, the employer shall send the plan administrator’s portion of the notice to each appropriate plan administrator within 20 business days after the date of the medical support notice;
 (5) Within 40 business days after the date of the medical support notice, the plan administrator shall do all of the following as directed by the notice:
 (a) Complete the appropriate portion of the notice and return the portion to the enforcing agency;
 (b) If the child is or will be enrolled, notify the parties and furnish the obligee with the information necessary to effectuate coverage and submit claims for benefits;
 (c) If the child has been or will be enrolled, provide the enforcing agency with the type of health benefit plan under which the child has been or will be enrolled, including whether dental, optical, office visits and prescription drugs are covered services;
 (d) If more than one health benefit plan is available to the providing party and the providing party is not enrolled, forward the health benefit plan descriptions and documents to the enforcing agency;
 (e) If the providing party is subject to a waiting period that expires more than 90 days after the date of receipt of the medical support notice by the plan administrator or if the providing party has not completed a waiting period that is measured in a manner other than the passage of time, notify the employer, the enforcing agency and the parties; and
 (f) Upon completion of the enrollment, notify the employer of the enrollment;
 (6) If the plan administrator notifies the employer that the providing party is subject to a waiting period that expires more than 90 days after the date of receipt of the medical support notice by the plan administrator or that the providing party is subject to a waiting period that is measured in a manner other than the passage of time, the employer shall, when the providing party becomes eligible to enroll in the plan, notify the plan administrator that the medical support notice requires that the child named in the notice be enrolled in the plan; and
 (7) The plan administrator shall enroll the child and, if necessary to the enrollment of the child, enroll the providing party in the plan as provided by rules adopted by the Department of Justice. [2003 c.637 §6; 2007 c.878 §9]
 Section 25.330
 Section 25.331 - Obligation to withhold.
 (2) The withholding required by a qualified medical child support order or a medical support notice is a continuing obligation. The qualified medical child support order or medical support notice and the withholding remain in effect and are binding upon the employer until further notice from the court or the enforcing agency.
 (3)(a) An amount withheld by an employer in compliance with a withholding order issued for monetary support and a qualified medical child support order or medical support notice may not exceed 50 percent of the providing party’s net disposable income.
 (b) Notwithstanding paragraph (a) of this subsection, upon the motion of a party and after a hearing, the court may order the withholding of more than 50 percent of the providing party’s net disposable income. However, the amount withheld may not exceed the amount allowed under section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C. 1673(b)).
 (4) If a providing party’s compensation drops to a level at which withholding under this section exceeds the amount allowed under subsection (3) of this section, the employer shall stop the withholding and send the court or the enforcing agency, as the case may be, a written notice within 15 days of stopping the withholding. The notice shall include the providing party’s name, address and Social Security number and the date the employer stopped withholding under this section.
 (5) An employer is not subject to civil liability to an individual or agency for conduct or actions in compliance with a medical support notice if the employer:
 (a) Is served with a medical support notice under ORS 25.327 that is regular on its face; and
 (b) Complies with the provisions of the medical support notice if the notice appears to be in conformance with section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169). [2003 c.637 §7; 2007 c.878 §10]
 Section 25.333 - Contesting medical support notice.
 (a) That the notice has been sent to the providing party’s employer; and
 (b) Of the providing party’s rights and duties under the notice.
 (2) A providing party may contest a medical support notice within 30 days after the date the premium is first withheld pursuant to the notice or, if the health benefit plan is provided at no cost to the providing party, the date the first premium is paid by the employer.
 (3) The only basis for contesting a medical support notice is a mistake of fact. A "mistake of fact" means any of the following:
 (a) No order to provide health care coverage under a health benefit plan has been issued in regard to the providing party’s child;
 (b) The amount to be withheld for premiums is greater than is permissible under ORS 25.331;
 (c) The alleged providing party is not the party from whom health care coverage is required; or
 (d) The providing party’s income is equal to or less than Oregon minimum wage for full-time employment.
 (4) The providing party may contest the medical support notice by requesting an administrative review. After receiving a request for review and within 45 days after the date the premium is first withheld pursuant to the medical support notice, the enforcing agency shall determine, based on an evaluation of the facts, whether the withholding for premiums may continue. The enforcing agency shall inform the parties of the determination in writing and include information regarding the right to appeal the determination.
 (5) Any appeal of the enforcing agency’s determination under subsection (4) of this section is to the circuit court for a hearing under ORS 183.484.
 (6) The initiation of proceedings to contest a medical support notice or an appeal of the enforcing agency’s determination under this section does not stay the withholding of premiums. [2003 c.637 §8; 2007 c.878 §11; 2009 c.351 §10; 2011 c.318 §9]
 Section 25.335 - Termination of support order.
 Section 25.337 - Liability.
 (2) An employer commits an unlawful employment practice if the employer discharges a providing party, refuses to hire a providing party or in any other manner discriminates, retaliates or takes disciplinary action against a providing party because of the entry of a medical support notice or qualified medical child support order or because of the obligations imposed upon the plan administrator by the order. An employee may bring a civil action under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820.
 (3) A providing party who fails to maintain health care coverage for a child as ordered is liable, from the date of the order, for any medical expenses resulting from the failure to maintain coverage.
 (4) The remedies described in this section are not exclusive. Nothing in this section precludes action by the court to enforce a judicial or administrative order requiring health care coverage or payment of medical support by imposition of remedial or punitive sanctions for contempt or otherwise. [2003 c.637 §10; 2007 c.878 §12]
 Section 25.339 - Priority of medical support notice.
 Section 25.340
 Section 25.341 - Notice of termination of employer’s relationship with providing party.
 Section 25.342 - Rules.
 Section 25.343 - Authorization for reimbursement payments.
 Section 25.351
 Section 25.353
 Section 25.354
 Section 25.355
 Section 25.357
 Section 25.359
 Section 25.363
 Section 25.365
 Section 25.367
 Section 25.370
 Section 25.372 - Applicability.
 Section 25.375 - Priority of withholding.
 Section 25.378 - Payment of support by income withholding; initiation of income withholding.
 (2) When an obligor is subject to a support order issued or registered in this state and fails to make payments at least equal to the amount of support payable for one month, a court or the administrator, whichever is appropriate, shall initiate income withholding without the need for a judicial or administrative hearing and without the need for advance notice to the obligor of the withholding.
 (3) When an arrearage exists and notice of the delinquent amount has been given to the obligor, a court, upon application, shall issue a withholding order upon the ex parte request of a person holding support rights or the administrator.
 (4) If an obligor is not otherwise subject to income withholding a court or the administrator may issue an order to withhold upon the ex parte motion of the obligor.
 (5) Upon the request of the holder of support rights, a court or the administrator, as appropriate, may issue a withholding order at any time if:
 (a) The obligor is not otherwise subject to withholding; and
 (b) After notice and an opportunity to object has been given to the obligor, a finding is made that it would be in the best interests of the child to issue a withholding order.
 (6) A court or the administrator shall issue an order to withhold when a support order or an arrearage from another jurisdiction is entered in Oregon in accordance with interstate income withholding under ORS chapter 110. [Formerly 25.311; 2001 c.104 §§6,7; 2003 c.73 §§29,30; 2003 c.75 §25; 2013 c.184 §2]
 Section 25.381 - Establishing income withholding as method of paying support; records.
 (2) Regardless of whether services are being provided under ORS 25.080, the administrator shall provide, upon request of an obligor or obligee, services sufficient to permit establishment of income withholding under ORS 25.378:
 (a) For the payment of child support without the necessity of an application for support enforcement services under Title IV-D of the Social Security Act (42 U.S.C. 651 et seq.); and
 (b) For the payment of spousal support if the obligee is receiving supplemental nutrition assistance or any other form of public assistance, as defined in ORS 411.010, from the Department of Human Services or medical assistance, as defined in ORS 414.025, from the department or the Oregon Health Authority. [Formerly 25.340; 2001 c.900 §8; 2003 c.73 §31; 2005 c.265 §1; 2009 c.599 §15; 2013 c.688 §7]
 Section 25.384 - Statement on withholding in support order.
 ______________________________________________________________________________
 NOTICE OF INCOME WITHHOLDING
 The support order is enforceable by income withholding under ORS 25.372 to 25.427. Withholding shall occur immediately, whenever there are arrears at least equal to the support payment for one month, whenever the obligated parent requests such withholding or whenever the obligee requests withholding for good cause. The district attorney or, as appropriate, the Division of Child Support of the Department of Justice will assist in securing such withholding. Exceptions may apply in some circumstances.
 ______________________________________________________________________________
 (2) The Department of Justice shall provide annual notice to each obligor and obligee on support orders being enforced by the district attorney or Division of Child Support of the availability of and requirements for exceptions to withholding. [Formerly 25.370]
 Section 25.387 - Withholding more than amount authorized by law.
 Section 25.390 - Amendment of support order not required for withholding.
 Section 25.393 - Remedy additional to other remedies.
 Section 25.396 - Exception to withholding; termination of withholding; rules.
 (2) The court or administrator may grant an exception to income withholding required under ORS 25.378 if:
 (a) The obligor and obligee at any time agree in writing to an alternative payment method;
 (b) When money is owed to the state under the support order, the state agrees in writing to the alternative payment method;
 (c) The obligor has paid in full all arrears accrued under the support order;
 (d) The obligor has complied with the terms of any previous exception granted under this section; and
 (e) The court or administrator accepts the alternative payment method.
 (3) Notwithstanding subsection (1) of this section, when child support is currently assigned to the state and the child is in the custody of the Oregon Youth Authority or the Department of Human Services, the state or the obligor may request and the court or administrator may grant an exception from income withholding if:
 (a) The order to withhold is a barrier to reunification of the family or rehabilitation of the youth or is prejudicial to the obligor’s ability to provide for another child to whom a duty of support is owed; and
 (b) The state and the obligor agree in writing to an alternative payment method.
 (4) Exceptions to income withholding described in this section may be granted by the administrator or the court, except that when support enforcement services are being provided under ORS 25.080 the only permissible alternative payment methods are an electronic funds transfer to the Department of Justice or another method permitted under rules adopted under this section.
 (5) A party may appeal the administrator’s decision granting or denying an exception under this section to the circuit court in accordance with ORS 183.484.
 (6) Income withholding may be terminated only if the conditions set forth in this section are met.
 (7) The Department of Justice shall adopt rules and establish procedures to implement this section. [Formerly 25.317; 2001 c.171 §1; 2003 c.73 §32; 2003 c.572 §8]
 Section 25.399 - Notice of order to withhold; contents of notice.
 (a) That withholding has commenced;
 (b) The amount to be withheld and the amount of arrears, if any;
 (c) That the order to withhold applies to any current or subsequent withholder or period of employment;
 (d) The procedures available for contesting the withholding and that the only basis for contesting the withholding is a mistake of fact, which means an error in the amount of current support or arrearages, or an error in the identity of the obligor;
 (e) The availability of and requirements for exceptions to withholding;
 (f) That the obligor has 30 days from the date that the income is first withheld pursuant to the order to withhold to contest the withholding; and
 (g) The actions that will be taken if the obligor contests the withholding.
 (2) The notice requirement of subsection (1) of this section may be met by mailing a copy of the order to withhold, by regular mail, to the obligor. [Formerly 25.315; 2011 c.318 §10; 2017 c.461 §1]
 Section 25.402 - Service of order on withholder; contents.
 (b) Notwithstanding paragraph (a) of this subsection and unless the Department of Justice, prior to initiating service, receives written notice of completion of service by another party, the department shall serve the order to withhold in all cases affecting a support order for which the department or the district attorney has responsibility under ORS 25.080 for providing support enforcement services regardless of whether the department or another party initiated the support action.
 (2) The order to withhold shall inform the withholder of all of the following:
 (a) The amount of the obligor’s continuing support obligation.
 (b) That the withholder is required to withhold from the obligor’s disposable income due or becoming due to the obligor at each pay period an amount as determined by ORS 25.414.
 (c) The appropriate person to whom to make the withholding payment.
 (d) The information contained in ORS 25.375, 25.387, 25.411, 25.414, 25.417, 25.421 and 25.424. [Formerly 25.314]
 Section 25.405 - Contesting order to withhold; basis.
 (2) The only basis for contesting the order to withhold is a mistake of fact. "Mistake of fact" means an error in the amount of current support or arrearages, or an error in the identity of the obligor. Payment of all arrearages shall not be the sole basis for not implementing withholding.
 (3) If the order to withhold was issued by a court of this state, the obligor must contest the order to withhold in the court that issued the order.
 (4) If the order to withhold was issued by a court or administrative agency of another state and was received directly by an employer in this state under ORS 110.594, the obligor may contest the order to withhold by:
 (a) Seeking relief from enforcement of the order in the appropriate tribunal of the state that issued the order;
 (b) Contesting the validity and enforcement of the order under ORS 110.601; or
 (c) Registering the underlying withholding order in Oregon in the manner provided by ORS 110.605 to 110.611 and seeking relief from enforcement of the order as provided in ORS 110.617 and 110.620.
 (5) If the order to withhold was issued pursuant to a request for enforcement under ORS 25.080, the obligor may contest the order to withhold to the district attorney or the Division of Child Support. The district attorney or the Division of Child Support need not provide an opportunity for a contested case administrative hearing under ORS chapter 183 or a hearing in circuit court. Within 45 days after the date income is first withheld pursuant to the order to withhold, the district attorney or the Division of Child Support shall determine, based on an evaluation of the facts, if the withholding shall continue and notify the obligor of the determination and of the obligor’s right to appeal the determination.
 (6) Any appeal of the decision of the district attorney or the Division of Child Support made under subsection (5) of this section is to the circuit court for a hearing under ORS 183.484.
 (7) The initiation of proceedings to contest an order to withhold under subsection (4) of this section, a motion or request to contest an order to withhold or an appeal of the decision of the district attorney or the Division of Child Support made under subsection (5) of this section does not act to stay withholding unless otherwise ordered by a court. [Formerly 25.316; 2009 c.80 §2; 2011 c.318 §11; 2015 c.298 §87]
 Section 25.408 - Withholding is continuing obligation.
 Section 25.411 - When withholding begins; payment to Department of Justice or obligee.
 (2) Within seven business days after the date the obligor receives income, the withholder shall pay amounts withheld to the Department of Justice or to the obligee by deposit into the obligee’s bank account, whichever is specified in the order to withhold. The withholder shall include, with the payment, the obligor’s name and case number and the date upon which the income was withheld.
 (3) When payments are made to the Department of Justice, the withholder may combine amounts withheld from different obligors’ incomes in a single payment as long as such payment is accompanied by a list that separately identifies which portion of the payment is attributable to each obligor, the obligor’s name and case number, if any.
 (4) As used in this section, "business day" means a day on which the Department of Justice is open for regular business. [Formerly 25.355; 2007 c.356 §4]
 Section 25.414 - Standard amount to be withheld; processing fee; rules.
 (a) If withholding is for current support only, the amount to be withheld is the amount specified as current support in the support order.
 (b) If withholding is for current support and there is an arrearage, the amount to be withheld is 120 percent of the amount specified as current support in the support order.
 (c) If withholding is only for arrearage, the amount to be withheld is one of the following:
 (A) The amount of the last ordered monthly support.
 (B) If there is no last ordered monthly support amount, the monthly support amount used to calculate the arrearage amount specified in the order or judgment for arrearage.
 (C) If there is no last ordered monthly support amount and if there was no monthly support amount, an amount calculated under the formula established under ORS 25.275. For purposes of this subparagraph, this calculation shall be based on the obligor’s current monthly gross income or, if the obligor’s current monthly gross income is not known, the Oregon hourly minimum wage converted to a monthly amount based upon a 40-hour workweek, zero income for the obligee, and one joint child, regardless of how many children the parties may actually have. No rebuttals to this calculation may be allowed.
 (d) Notwithstanding the amount determined to be withheld under paragraph (c) of this subsection, the obligor must retain disposable monthly income of at least 160 times the applicable federal minimum hourly wage prescribed by section 6 (a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) or any future minimum hourly wages prescribed in that section, if the order to withhold is issued for:
 (A) Disability benefits payments from the United States Social Security Administration;
 (B) Black lung benefits payments from the United States Department of Labor; or
 (C) Disability benefits payments from the United States Department of Veterans Affairs.
 (2) The amount to be withheld from unemployment compensation under ORS chapter 657 is calculated as follows:
 (a) If withholding is for a current support order, regardless of the existence of arrearage, the amount to be withheld is the lesser of:
 (A) Twenty-five percent of the benefits paid; or
 (B) The current monthly support obligation. The entity issuing the order to withhold may convert the monthly support obligation amount to a percentage to be withheld from each benefits payment.
 (b) If withholding is for arrearage only, the amount to be withheld is the lesser of:
 (A) Fifteen percent of the benefits paid; or
 (B) The amount of the last ordered monthly support obligation. The entity issuing the order to withhold may convert the last ordered monthly support obligation amount to a percentage to be withheld from each benefits payment.
 (c) The withholder may not charge or collect a processing fee when withholding from unemployment compensation.
 (3) The amount to be withheld from workers’ compensation under ORS chapter 656 is set forth in ORS 656.234.
 (4) Notwithstanding any other provision of this section, when withholding is from a lump sum payment or benefit, including but not limited to retroactive workers’ compensation benefits, lump sum retirement plan disbursements or withdrawals, insurance payments or settlements, severance pay, bonus payments or any other similar payments or benefits that are not periodic recurring income, the amount subject to withholding for payment of a support obligation may not exceed one-half of the amount of the lump sum payment or benefit.
 (5)(a) Notwithstanding any other provision of this section, when the withholding is only for arrearage, the administrator shall set a lesser amount to be withheld if the obligor demonstrates the withholding is prejudicial to the obligor’s ability to provide for a child the obligor has a duty to support or the obligor’s ability to provide for the obligor’s basic needs. The factors to be considered by the administrator in determining whether the obligor can provide for the obligor’s basic needs include but are not limited to:
 (A) The health expenses of the obligor;
 (B) A verified disability affecting the obligor’s ability to work;
 (C) Whether the obligor’s income remaining after withholding would be less than the self-support reserve established by rule of the Department of Justice under paragraph (c) of this subsection;
 (D) The available resources of the obligor; and
 (E) The number and basic needs of other persons in the obligor’s household.
 (b) The administrator shall establish a procedure to give advance and periodic notice to the obligor of the provisions of paragraph (a) of this subsection and of the means to reduce the amount stated in the order to withhold.
 (c) The Department of Justice shall adopt rules to implement this subsection.
 (6) Except as provided in subsection (2) of this section, the withholder may deduct from the obligor’s disposable income a monthly processing fee not to exceed $5. The processing fee is in addition to the amount calculated to be withheld for support, unless the amount to be withheld for support is the maximum allowed under subsection (8) of this section, in which case the fee is deducted from the amount withheld as support.
 (7) If there are multiple withholding orders against the same obligor, the amount to be withheld is the sum of each support order calculated independently.
 (8) No withholding as calculated under this section, including the processing fee permitted in subsection (6) of this section, shall exceed 50 percent of the obligor’s net disposable income. The limit established in this subsection applies whenever withholding is implemented under this section, whether by a single order or by multiple orders against the same obligor.
 (9) When the obligor’s income is not sufficient for the withholder to fully comply with each withholding order, the withholder shall withhold the maximum amount allowed under this section. If all withholding orders for a particular obligor are payable to or through the department, the withholder shall pay to the department the income withheld and the department shall determine priorities for allocating income withheld to multiple child support cases relative to that obligor. If one or more of the withholding orders for a particular obligor require payment other than to or through the department, the withholder shall use the following to determine priorities for withholding and allocating income withheld to multiple child support cases:
 (a) If the amount withheld from the obligor’s income is sufficient to pay the current support due to each case but is not enough to fully comply with the withholding order for each case where past due support is owed, the withholder shall:
 (A) Pay to each case the amount of support due for the current month; and
 (B) Pay the remainder of the amount withheld in equal amounts to each case where past due support is owed. However, no case shall receive more than the total amount of current support and past due support owed to that case at the time the payment is made.
 (b) If the amount withheld is not sufficient to pay the current support due to each case, each case shall be paid a proportionate share of the amount withheld. The withholder shall determine this for each case by dividing the monthly amount ordered as current support for that case by the combined monthly amount ordered as current support for all cases relative to the same obligor, and multiplying this percentage by the total amount withheld.
 (10) An order to withhold income is not subject to the limitations of ORS 18.385.
 (11) A withholder shall withhold funds as directed in the order to withhold, except that when a withholder receives an income-withholding order issued by another state, the withholder shall apply the income-withholding law of the state of the obligor’s principal place of employment in determining:
 (a) The withholder’s fee for processing an income-withholding order;
 (b) The maximum amount permitted to be withheld from the obligor’s income;
 (c) The time periods within which the withholder must implement the income-withholding order and forward the child support payment;
 (d) The priorities for withholding and allocating income withheld for multiple child support obligees; and
 (e) Any withholding terms or conditions not specified in the order. [Formerly 25.351; 2001 c.455 §10; 2003 c.73 §33; 2003 c.572 §9; 2011 c.317 §1]
 Section 25.417 - Amount to be withheld when obligor paid more frequently than monthly.
 Section 25.421 - Procedure if withholder does not withhold support.
 Section 25.424 - Liability of withholder; action against withholder; penalty; attorney fees; unlawful employment practice.
 (a) The order is served on the person in the manner provided by ORS 25.402 (1);
 (b) The order is regular on its face; and
 (c) The order complies with ORS 25.402 (2).
 (2) A person who is served with an order to withhold is liable to the obligee for:
 (a) All amounts that the person fails to withhold or pay as required by the order;
 (b) Any damages suffered by the obligee by reason of the failure of the person to withhold or pay as required by the order; and
 (c) Any damages suffered by the obligee by reason of the failure of the person to pay withheld amounts within the time specified by ORS 25.411.
 (3) A person who is served with an order to withhold is liable to the obligor for:
 (a) All amounts withheld in excess of the amount required by the terms of the order;
 (b) Any damages suffered by the obligor by reason of withholding that is in excess of the amount required by the terms of the order;
 (c) Any damages suffered by the obligor by reason of the failure of the person to pay withheld amounts within the time specified by ORS 25.411; and
 (d) Any other damages suffered by the obligor by reason of the failure of the person to withhold or pay as required by the order.
 (4) An obligee or obligor may bring an action to recover amounts under this section, or the Division of Child Support or a district attorney may bring an action on behalf of the obligee or obligor to recover amounts under this section.
 (5) If the plaintiff in an action under this section establishes that the conduct of the defendant was willful or grossly negligent, the court shall:
 (a) Enter judgment against the defendant for a penalty, payable to the court, not to exceed $250 for each time the defendant failed to withhold or pay the amount required by the terms of the order to withhold, withheld an amount exceeding the amount required by the terms of the order, or failed to pay withheld amounts within the time specified by ORS 25.411; and
 (b) Enter judgment against the defendant, payable to the plaintiff, for reasonable attorney fees incurred by the plaintiff.
 (6)(a) An employer commits an unlawful employment practice if the employer discharges an employee, refuses to hire an individual or in any other manner discriminates, retaliates or takes disciplinary action against an obligor because of the entry or service of an order to withhold under ORS 25.378 and 25.402 or because of the obligations or additional obligations that the order imposes upon the employer. An obligor may bring an action under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. These remedies are in addition to any other remedy available in law or equity.
 (b) Paragraph (a) of this subsection does not apply to actions taken by an employer pursuant to any condition of employment required by law.
 (7) Nothing in ORS 25.372 to 25.427 precludes an action for contempt for disobedience of a judicial order to withhold. [Formerly 25.363; 2001 c.621 §67; 2003 c.572 §10; 2009 c.445 §1]
 Section 25.427 - Rules.
 Section 25.610 - Procedure to collect support orders from state tax refunds; voluntary withholding; rules.
 (2) If support payment records have not been maintained as provided in ORS 25.020, then a support payment record may be established under ORS 25.164, 25.167 and 416.429.
 (3) The Department of Justice shall adopt rules:
 (a) Setting out additional criteria for requests under subsection (1) of this section; and
 (b) Directing how any support obligation collected by the Department of Revenue shall be distributed, consistent with federal regulations.
 (4) Before a request is made to the Department of Revenue under subsection (1) of this section, the Department of Justice shall provide advance written notice to the obligor, and may send advance written notice to the obligee, of its intent to refer the case to the Department of Revenue. The notice shall inform the parties:
 (a) Of the proposed action;
 (b) Of the obligor’s right to request an administrative review of the proposed action;
 (c) That an administrative review, if desired, must be requested by the obligor within 30 days after the date of the notice; and
 (d) That the only issues that may be considered in the administrative review are:
 (A) Whether the obligor is the person who owes the support obligation; and
 (B) Whether the amount shown as the past due support is correct.
 (5) An administrative review must be requested within 30 days after the date of the notice described in subsection (4) of this section. At the administrative review, an issue may not be considered if it was previously litigated or if the obligor failed to exercise rights to appear and be heard or to appeal a decision that resulted in the accrual of the arrearage being used as a basis for a request under subsection (1) of this section. A party may appeal a decision from the administrative review under ORS 183.484.
 (6) When the Department of Revenue has been requested to collect past due child and spousal support from income tax refunds due to the obligor, the Department of Revenue may not allow the obligor to apply any income tax refund to future taxes of the obligor.
 (7) Notwithstanding any other provision of this section, an obligor who is not delinquent in payment of child or spousal support may authorize the Department of Revenue, through the Department of Justice or its designee, to withhold any income tax refund owing to that obligor for the purpose of applying the moneys as a credit to the support account maintained by the Department of Justice. [1985 c.671 §§27,28; 1989 c.519 §6; 1991 c.588 §2; 1993 c.596 §12; 1997 c.170 §12; 1997 c.704 §33; 2001 c.455 §12; 2003 c.73 §35; 2003 c.572 §11; 2005 c.560 §5; 2009 c.210 §1; 2017 c.461 §2]
 Section 25.620 - Procedures to collect past due support from state tax refunds; fees.
 (2) The Department of Revenue shall establish procedures to ensure that when an obligor has filed a joint income tax return, the obligor’s spouse may apply for a share of the refund, if any. The procedures shall provide for notice to the obligee regarding any application by the obligor’s spouse for a share of the refund.
 (3) No collection shall be made by the Department of Revenue unless the debt is in a liquidated amount.
 (4) Notwithstanding the provisions of ORS 293.250, the Department of Revenue shall designate a single fee to retain from moneys collected for child support as a reasonable fee to cover only the actual cost.
 (5) The Department of Revenue shall forward the net proceeds of collections made under subsection (1) of this section to the Department of Justice. Such proceeds shall be applied pursuant to ORS 25.610 (3).
 (6) Notwithstanding any other law relating to the confidentiality of tax records, the Department of Revenue shall send the Department of Justice the obligor’s home address and Social Security number or numbers on each case submitted for collection pursuant to ORS 25.610. [1985 c.671 §29; 1993 c.596 §13; 1997 c.170 §13; 1997 c.704 §34; 2001 c.455 §27]
 Section 25.625 - Federal tax offset; passport denial; rules.
 (1) The Department of Justice may furnish to the United States Secretary of Health and Human Services certifications appropriate to and required for action by the secretary to offset federal income tax returns and to deny, revoke or limit passports of individuals owing child support arrearages.
 (2) The department shall adopt rules to carry out the purposes of subsection (1) of this section. [1997 c.746 §13; 2003 c.73 §36]
 Note: 25.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 DISCLOSURES OF INFORMATION
 Section 25.640 - Definitions for ORS 25.643 and 25.646.
 (1) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, share draft account, time deposit account, money-market mutual fund account or a claim for insurance benefits or payments of at least $500, not including a claim for property damage, under a liability insurance policy or uninsured motorist insurance policy issued by an insurance company authorized to do business in this state.
 (2) "Claimant" means an obligor who is asserting a claim of at least $500, not including a claim for property damage, under a liability insurance policy or uninsured motorist policy issued by an insurer that is authorized to do business in this state.
 (3) "Customer" has the meaning given that term in ORS 192.583.
 (4) "Financial institution" means:
 (a) A depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
 (b) Any federal credit union or state credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752), including an institution-affiliated party of such a credit union, as defined in section 206(r) of the Federal Credit Union Act (12 U.S.C. 1786(r)); and
 (c) Any benefit association, insurance company, safe deposit company, money-market mutual fund or similar entity authorized to do business in this state.
 (5) "Financial records" means any original written or electronic document or copy of the document, or any information contained in the document, held by or in the custody of a financial institution, when the document, copy or information is identifiable as pertaining to one or more customers or claimants of the financial institution. [1997 c.746 §120; 2017 c.486 §1]
 Note: 25.640 to 25.646 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.643 - Disclosure of information on obligors by financial institutions; fees; liability; rules.
 (2) Pursuant to the agreements, financial institutions shall provide, for each calendar quarter, the name, address, Social Security number or other taxpayer identification number and other identifying information for each obligor who:
 (a) Maintains an account at, or has a claim for insurance benefits or payments with, the institution; and
 (b) Owes past due support, as identified by the administrator by name and Social Security number or other taxpayer identification number.
 (3) Notwithstanding subsection (2) of this section, a financial institution can satisfy its obligation to conduct a data match and provide information to the administrator under this section as provided in rules adopted by the department.
 (4) If a financial institution at which an obligor has a claim for insurance benefits or payments has not previously provided the administrator with the information required by this section, the financial institution must provide the administrator with at least three business days’ advance written notice before disbursing any payment to the obligor pursuant to the claim.
 (5) The administrator shall pay a reasonable fee to a financial institution for conducting the data match provided for in this section. The fee may not exceed the actual costs incurred by the financial institution.
 (6) A financial institution, including an institution-affiliated party as defined in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)), is not liable under any state law to any person and, except as provided in this section, shall not be in violation of any other law regulating the handling of an account because the financial institution:
 (a) Discloses information to the administrator under this section;
 (b) Encumbers or surrenders any assets held by the financial institution in response to a notice of lien or levy issued by the administrator; or
 (c) Takes any other action in good faith to comply with the requirements of this section.
 (7) The department may adopt rules to implement and direct the provision of information pursuant to the agreements entered into for automated data exchanges performed by the data match system developed and operated under this section. [1997 c.746 §121; 2003 c.73 §37; 2009 c.80 §3; 2017 c.486 §2]
 Note: See note under 25.640.
 Section 25.646 - Disclosure of financial records of customers by financial institutions; liability.
 (2) In requesting information under subsection (1) of this section, the administrator shall provide the name and Social Security number of the person whose financial records are sought and shall state with reasonable specificity the financial records requested. The administrator shall provide to the financial institution a signed document in a form established by the Department of Justice certifying that:
 (a) The person whose financial records are sought is a party to a proceeding to establish, modify or enforce the child support obligation of the person; and
 (b) The administrator has authorization from the person for release of the financial records, has given the person written notice of its request for financial records or will give the notice within five days after the financial institution responds to the request.
 (3) The administrator shall reimburse a financial institution supplying financial records under this section for actual costs incurred.
 (4) A financial institution, including an institution-affiliated party as defined in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)), that supplies financial records to the administrator under this section is not liable to any person for any loss, damage or injury arising out of or in any way pertaining to the disclosure of the financial records.
 (5) A financial institution that is requested to supply financial records under this section may enter into an agreement with the administrator concerning the method by which requests for financial records and responses from the financial institution shall be made.
 (6) The administrator shall provide a reasonable time to the financial institution for responding to a request for financial records.
 (7) The administrator shall seek financial records under this section only:
 (a) With respect to a person who is a party to a proceeding to establish, modify or enforce the child support obligation of the person; or
 (b) According to the provisions of ORS 25.083. [1997 c.746 §122; 1999 c.930 §4; 2001 c.455 §13; 2009 c.80 §4; 2017 c.486 §3]
 Note: See note under 25.640.
 Section 25.650 - Information on past due support to consumer reporting agencies; rules.
 (2)(a) Notwithstanding any other law, and subject to rules established by the Department of Justice, for cases in which there is past due support, the department shall:
 (A) Report periodically to consumer reporting agencies the name of any obligor who is delinquent in the payment of support and the amount owed by the obligor; and
 (B) Otherwise make available to a consumer reporting agency upon its request information regarding the amount of past due support owed by an obligor.
 (b) The department shall provide advance notice to the obligor concerning the proposed reporting of information to the consumer reporting agencies. The notice must inform the obligor:
 (A) Of the amount of the past due support the department will report to the consumer reporting agencies;
 (B) That the department will continue to report the past due support amount owed without sending additional notice to the obligor;
 (C) Of the obligor’s right to request an administrative review within 30 days after the date of the notice; and
 (D) Of the issues that may be considered on review.
 (c) If an obligor requests an administrative review, the department may not report the past due support amount until the review is complete.
 (d) A party may appeal a decision from the administrative review under ORS 183.484. An appeal of the decision does not stay the department from making reports to consumer reporting agencies.
 (3) The administrator may request that a consumer reporting agency provide a consumer report when needed for one or more of the following purposes:
 (a) To establish or modify a support order.
 (b) When parentage has been established with respect to an individual, to establish the individual’s capacity to make child support payments or the appropriate amount of child support that may be ordered.
 (c) To enforce a support order.
 (4) The department shall report information under subsection (2) of this section only to a person that has furnished evidence satisfactory to the department that the person is a consumer reporting agency.
 (5) When the department has made a report to a consumer reporting agency under subsection (2) of this section, the department shall promptly notify the consumer reporting agency when the department’s records show that the obligor no longer owes past due support. [1985 c.671 §§45,46; 1993 c.596 §14; 1997 c.704 §35; 1999 c.80 §66; 2003 c.73 §38; 2005 c.560 §6; 2017 c.460 §1; 2017 c.461 §3]
 Section 25.670 - Judgment lien on personal property.
 (2)(a) A lien arising under subsection (1) of this section may be recorded by filing a written notice of claim of lien with the county clerk of the county in which the obligor resides or the property is located. The notice of claim of lien required under this subsection shall be a written statement and must include:
 (A) A statement of the total amount due, as of the date of the filing of the notice of claim of lien;
 (B) The name and address of the obligor and obligee;
 (C) The name and address of the office of the district attorney, Division of Child Support or other person or entity filing the notice;
 (D) A statement identifying the county where the underlying support order was entered and its case number;
 (E) A description of the personal property to be charged with the lien sufficient for identification; and
 (F) A statement of the date the lien expires under the laws of the issuing state. If no expiration date is provided, the lien expires in Oregon five years from the date of recording.
 (b) The county clerk shall record the notice of claim of lien filed under paragraph (a) of this subsection in the County Clerk Lien Record.
 (3) When a notice of claim of lien is recorded pursuant to subsection (2) of this section, the person or entity filing the notice of claim of lien shall send forthwith a copy of the notice to the owner of the personal property to be charged with the lien by registered or certified mail, or by any other mail service with delivery confirmation, sent to the owner’s last-known address.
 (4) Liens described in subsection (1) of this section that arise by operation of law in another state must be accorded full faith and credit if the state agency, party or other entity seeking to enforce the lien follows the applicable procedures for recording and service of notice of claim of lien set forth in this section. A state agency, party or other entity may not file an action to enforce a lien described in this section until the underlying judgment has been filed in Oregon as provided in ORS chapter 110. [1985 c.671 §47; 1993 c.223 §3; 1993 c.596 §15; 1999 c.80 §34; 2003 c.576 §577; 2011 c.318 §12; 2017 c.461 §4]
 Section 25.680 - Effect of lien; priority.
 (2) The rights of bona fide purchasers for value or persons with a security interest in the personal property are not affected by the creation or the existence of the lien.
 (3) Liens filed under ORS 25.670 do not have priority over previously perfected security interests. [1985 c.671 §48; 1999 c.80 §35; 2003 c.73 §39]
 Section 25.690 - Foreclosure of lien.
 Section 25.710 - Duty of district attorney.
 (a) The case was being enforced by the district attorney on October 1, 1985; and
 (b) The case involves any arrearages assigned to the state or any other state.
 (2) This section does not apply when the obligor or beneficiary of the support judgment or order is receiving any of the following:
 (a) Public assistance; or
 (b) Care, support or services under ORS 418.015. [1985 c.671 §51a; 2003 c.73 §40; 2003 c.572 §12; 2003 c.576 §301]
 Section 25.715 - Child support paid from security deposit.
 (a) The defendant is an obligor who owes child support arrearages;
 (b) The obligee or the administrator has filed a motion requesting the court to make such an order;
 (c) The obligee or the administrator has served the defendant with a copy of the motion;
 (d) The defendant has an opportunity to respond and request a hearing; and
 (e) The court has determined that such an order is appropriate.
 (2) The court may order that a portion of a security deposit that is forfeited under ORS 135.280 be paid to the division and be applied to any unsatisfied child support judgment and to provide security for child support payments in accordance with ORS 25.230 if:
 (a) The defendant is an obligor who owes child support;
 (b) The administrator has filed a motion requesting the court to make such an order;
 (c) The motion specifies the amount to be applied to the child support judgment under ORS 135.280; and
 (d) The court has determined that such an order is appropriate. [1999 c.1030 §5; 2001 c.705 §1; 2011 c.597 §40]
 Section 25.720 - When support assignable.
 (2) Notwithstanding the provisions of subsection (1) of this section, the right to receive support payments is assignable as may be appropriate for the protection of a minor or other person for whom a fiduciary has been appointed under ORS chapter 125 or for whom a trust has been established.
 (3) A person may not solicit or accept the assignment of support rights under subsection (1) of this section. [1985 c.671 §52(1),(2),(3); 1993 c.33 §288; 1995 c.514 §12; 1995 c.608 §34; 1995 c.664 §75; 1997 c.385 §3; 2003 c.131 §1]
 Section 25.722
 Section 25.725 - Child Support Deposit Fund.
 (2) All moneys received by the department under ORS 25.020 and 25.620 and any other state or federal law authorizing the department to collect or receive child support payments shall be deposited in the Child Support Deposit Fund. The Child Support Deposit Fund is not subject to the provisions of ORS 291.234 to 291.260. [1995 c.262 §2; 1997 c.704 §36; 2003 c.73 §41]
 Section 25.727 - Garnishing income of person required to provide health insurance for child eligible under Medicaid.
 (a) Is required by court or administrative order to provide coverage of the cost of health services to a child eligible for medical assistance under Medicaid; and
 (b) Has received payment from a third party for the costs of such services but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services.
 (2) The department, or its designee, may take this action to the extent necessary to reimburse the state Medicaid agency for its costs, but claims for current and past due child support shall take priority over these claims. [1995 c.506 §9; 2003 c.73 §42]
 Section 25.729 - Application of laws to effectuate purposes of ORS chapter 110.
 SUSPENSION OF OCCUPATIONAL
 Section 25.750 - Suspension of licenses, certificates, permits and registrations; when authorized; rules.
 (a) That the party holding the license, certificate, permit or registration is in arrears under any child support judgment or order, in an amount equal to the greater of three months of support or $2,500, and:
 (A) Has not entered into an agreement with the administrator with respect to the child support obligation; or
 (B) Is not in compliance with an agreement entered into with the administrator; or
 (b) That the party holding the license, certificate, permit or registration has failed, after receiving appropriate notice, to comply with a subpoena or other procedural order relating to a parentage or child support proceeding and:
 (A) Has not entered into an agreement with the administrator with respect to compliance; or
 (B) Is not in compliance with such an agreement.
 (2) The Department of Justice by rule shall specify the conditions and terms of agreements, compliance with which precludes the suspension of the license, certificate, permit or registration. [1993 c.365 §2; 1995 c.620 §1; 1995 c.750 §7; 1997 c.704 §37; 1999 c.80 §11; 2001 c.323 §1; 2001 c.455 §14; 2003 c.73 §43; 2009 c.209 §1; 2017 c.651 §12]
 Section 25.752 - Memberships in professional organizations that are required by state law.
 Section 25.756 - Identifying persons holding licenses, certificates, permits and registrations.
 (1) The Oregon Liquor Control Commission;
 (2) All entities that issue licenses, certificates, permits or registrations that a person is required by state law to possess to engage in an occupation, profession or recreational hunting or fishing or to use a particular occupational or professional title; and
 (3) The Department of Transportation. [1993 c.365 §4; 1995 c.620 §2; 1995 c.750 §8; 1997 c.704 §38; 1999 c.80 §12]
 Section 25.759 - Notice to persons subject to suspension; contents.
 (1) That certain licenses, certificates, permits and registrations, which shall be specified in the notice, are subject to suspension as provided for by ORS 25.750 to 25.783.
 (2) The name, final four digits of the Social Security number, if available, year of birth, if known, and child support case number or numbers of the person subject to the action.
 (3) The amount of arrears and the amount of the monthly child support obligation, if any, or, if suspension is based on ORS 25.750 (1)(b), a description of the subpoena or other procedural order with which the person subject to the action has failed to comply.
 (4) The procedures available for contesting the suspension of a license, certificate, permit or registration.
 (5) That the only bases for contesting the suspension are:
 (a) That the arrears are not greater than three months of support or $2,500;
 (b) That there is a mistake in the identity of the obligor;
 (c) That the person subject to the suspension has complied with the subpoena or other procedural order identified in subsection (3) of this section; or
 (d) That the person subject to the suspension is in compliance with a previous agreement as provided for by ORS 25.750 to 25.783.
 (6) That the obligor may enter into an agreement, prescribed by rule by the Department of Justice, compliance with which shall preclude the suspension under ORS 25.750 to 25.783.
 (7) That the obligor has 30 days from the date of the notice to contact the administrator in order to:
 (a) Contest the action in writing on a form prescribed by the administrator;
 (b) Comply with the subpoena or procedural order identified in subsection (3) of this section; or
 (c) Enter into an agreement authorized by ORS 25.750 and 25.762. The notice shall state that any agreement must be in writing and must be entered into within 30 days of making contact with the administrator.
 (8) That failure to contact the administrator within 30 days of the date of the notice shall result in notification to the issuing entity to suspend the license, certificate, permit or registration. [1993 c.365 §5; 1995 c.620 §3; 1997 c.704 §39; 1999 c.80 §13; 2001 c.323 §2; 2001 c.455 §15; 2003 c.73 §44; 2011 c.318 §14; 2013 c.184 §3]
 Section 25.762 - Agreement between obligor and administrator; effect of failure to contest suspension or to enter into agreement.
 (2) After receipt of notice to suspend from the administrator, no further administrative review or contested case proceeding within or by the issuing entity is required. [1993 c.365 §6; 1995 c.620 §4; 1999 c.80 §14; 2001 c.323 §3; 2003 c.73 §45]
 Section 25.765 - Procedure if obligor contacts administrator within time limits; hearing.
 (2) The obligor may object to the determination described in subsection (1) of this section within 30 days after the date of the determination. Any hearing on the objection shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings. Any suspension is stayed pending the decision of the administrative law judge. Any order of the administrative law judge that supports a suspension shall result in the notification to the issuing entity by the administrator to suspend the license, certificate, permit or registration forthwith.
 (3) After receipt of notice to suspend from the administrator, no further administrative review or contested case proceeding within or by the issuing entity is required. [1993 c.365 §7; 1995 c.620 §5; 1999 c.80 §15; 1999 c.849 §§43,44; 2001 c.323 §§4,5; 2003 c.75 §26; 2005 c.560 §7]
 Section 25.768 - Judicial review of order.
 Section 25.771 - Obligor holding more than one license, certificate, permit or registration.
 Section 25.774 - Reinstatement.
 Section 25.777 - Reimbursing issuing entities for costs incurred.
 Section 25.780 - Other licenses, certificates, permits and registrations subject to suspension.
 (1) The Oregon Liquor Control Commission and any entity that issues licenses, certificates, permits or registrations that a person is required by state law to possess to engage in an occupation, profession or recreational hunting or fishing or to use a particular occupational or professional title shall suspend without further hearing the licenses, certificates, permits or registrations of a person upon certification by the administrator that the person is subject to an order suspending the license, certificate, permit or registration. The certification must include the information specified in ORS 25.750 (1).
 (2) The Department of Transportation shall suspend without further hearing the driver license or driver permit of a person upon certification by the administrator that the person is subject to an order suspending the license or permit. The certification must include the information specified in ORS 25.750 (1). [1993 c.365 §13; 1995 c.620 §9; 1995 c.750 §5; 1999 c.80 §17; 2001 c.323 §8]
 Section 25.783 - Confidentiality of information.
 Section 25.785 - Issuing entities to require Social Security number.
 (2) A state agency, board or commission described in subsection (1) of this section may accept a written statement from an individual who has not been issued a Social Security number by the United States Social Security Administration to fulfill the requirement in subsection (1) of this section.
 (3) An individual may not submit to a state agency, board or commission a written statement described in subsection (2) of this section knowing the statement to be false. [1997 c.746 §117; 1999 c.80 §93; 2003 c.610 §1; 2005 c.22 §17]
 Note: 25.785 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 25.790 - Hiring or rehiring individual; report required; contents.
 (A) Has employees working only in this state; or
 (B) Is a multistate employer and has designated to the United States Secretary of Health and Human Services that Oregon is the employer’s reporting state.
 (b) The employer shall submit the report by mail or other means in accordance with rules adopted by the Department of Justice.
 (2)(a) An employer shall make the report required by subsection (1) of this section with respect to an employee:
 (A) Not later than 20 days after the date the employer hires or rehires the employee; or
 (B) In the case of an employer transmitting reports magnetically or electronically, by transmissions each month not less than 12 days nor more than 16 days apart.
 (b) An employer may submit a cumulative report for all individuals hired or rehired during the previous reporting period.
 (3) The report required under subsection (1) of this section may be made on a W-4 form or, at the option of the employer, an equivalent form approved by the Division of Child Support of the Department of Justice, but must contain the employer’s name, address and federal tax identification number and the employee’s name, address and Social Security number.
 (4) As used in this section:
 (a) "Employee" means an individual who must file a federal withholding form W-4 under the Internal Revenue Code.
 (b) "Rehire" means to re-employ any individual who was laid off, separated, furloughed, granted a leave without pay or terminated from employment for more than 60 days. [1993 c.753 §1; 1995 c.381 §2; 1999 c.80 §18; 2003 c.73 §46; 2013 c.184 §4]
 Section 25.792 - Confidentiality.
 Section 25.793 - Disclosure of employer-reported information.
 (2) Information provided by the division under this section is limited to information reported pursuant to ORS 25.790 that has not yet been entered into either:
 (a) The statewide automated data processing and information retrieval system required to be established and operated by the division under 42 U.S.C. 654a; or
 (b) The automated state directory of new hires required to be established by the division under 42 U.S.C. 653a.
 (3) An agreement entered into under this section must include, but is not limited to, provisions describing:
 (a) How the information is to be reported or transferred from the division;
 (b) Fees, reimbursements and other financial responsibilities of the recipient in exchange for receipt of the information from the division, not to exceed actual expenses;
 (c) Coordination of data systems to facilitate the sharing of the information; and
 (d) Such other terms and requirements as are necessary to accomplish the objectives of the agreement.
 (4) An agreement entered into under this section is subject to the approval of the Department of Justice. [2017 c.644 §11]
 Section 25.794 - Verification of employment; information about compensation and benefits; rules.
 (2) Upon request of an enforcing agency of another state, only a court or enforcing agency of Oregon may enforce a request for information made by the enforcing agency of the other state under this section.
 (3) The Department of Justice shall adopt rules to implement the provisions of this section. [1993 c.753 §3; 1999 c.80 §29; 2003 c.73 §47]
 Section 25.990 - Penalties.
 (2) Violation of ORS 25.260 is a Class C misdemeanor.
 (3) Violation of ORS 25.785 (3) is a Class A misdemeanor. [1985 c.671 §52(4); 1989 c.812 §3(2); 1999 c.1051 §147; 2003 c.610 §4; 2011 c.597 §151]
 Chapter 026 - (Former Provisions)
 Chapter 027 - (Former Provisions)
 Note: 27.010, 27.020 and 27.030 repealed by 1981 c.898 §53.
 Chapter 028 - Declaratory Judgments; Certification of Questions of Law
 Section 28.010 - Power of courts; form of declaration.
 Section 28.020 - Declarations as to writings and laws.
 Section 28.030 - Construction of contract before or after breach.
 Section 28.040 - Declaratory judgments on trusts or estates.
 (1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or other; or
 (2) To direct the executors, administrators, trustees, guardians or conservators to do or abstain from doing any particular act in their fiduciary capacity; or
 (3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. [Amended by 1961 c.344 §101]
 Section 28.050 - Enumeration not exclusive.
 Section 28.060 - Discretion of court to refuse judgment.
 Section 28.070 - Appeal or review.
 Section 28.080 - Supplemental relief.
 Section 28.090 - Trial of issues of fact.
 Section 28.100 - Costs.
 Section 28.110 - Parties; service on Attorney General when constitutional question involved.
 Section 28.120 - Construction and administration.
 Section 28.130 - "Person" defined.
 Section 28.140 - Provisions severable.
 Section 28.150 - Uniformity of interpretation.
 Section 28.160 - Short title.
 Section 28.200 - Supreme Court authorized to answer questions of law certified by other courts.
 Note: 28.200 to 28.255 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 28 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 28.205 - Procedure to invoke ORS 28.200 to 28.255.
 Note: See note under 28.200.
 Section 28.210 - Certification order.
 (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.
 Section 28.215 - Form of certification order; submission of record.
 Note: See note under 28.200.
 Section 28.220 - Fees; apportionment between parties.
 Note: See note under 28.200.
 Section 28.225 - Procedure in certification matters.
 Note: See note under 28.200.
 Section 28.230 - Opinion on certified question.
 Note: See note under 28.200.
 Section 28.235 - Certification to another state.
 Note: See note under 28.200.
 Section 28.240 - Procedure for certification to another state.
 Note: See note under 28.200.
 Section 28.245 - Severability.
 Note: See note under 28.200.
 Section 28.250 - Construction.
 Note: See note under 28.200.
 Section 28.255 - Short title.
 Note: See note under 28.200.
 Chapter 029 - (Former Provisions)
 Section 29.178
 Section 29.367
 Section 29.810
 Section 29.830
 Section 29.890
 Section 29.900
 Section 29.910
 Chapter 030 - Actions and Suits in Particular Cases
 Section 30.010 - Who may maintain action for injury or death of 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]
 Section 30.020 - Action for wrongful death; when commenced; damages.
 (a) Three years after the death of the decedent; or
 (b) The longest of any other period for commencing an action under a statute of ultimate repose that applies to the act or omission causing the injury, including but not limited to the statutes of ultimate repose provided for in ORS 12.110 (4), 12.115, 12.135, 12.137 and 30.905.
 (2) In an action under this section damages may be awarded in an amount which:
 (a) Includes reasonable charges necessarily incurred for doctors’ services, hospital services, nursing services, other medical services, burial services and memorial services rendered for the decedent;
 (b) Would justly, fairly and reasonably have compensated the decedent for disability, pain, suffering and loss of income during the period between injury to the decedent and the decedent’s death;
 (c) Justly, fairly and reasonably compensates for pecuniary loss to the decedent’s estate;
 (d) Justly, fairly and reasonably compensates the decedent’s spouse, children, stepchildren, stepparents and parents for pecuniary loss and for loss of the society, companionship and services of the decedent; and
 (e) Separately stated in finding or verdict, the punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived.
 (3) For the purposes of this section:
 (a) Two persons shall be considered to have a stepchild-stepparent relationship if one of the biological parents of the stepchild, while the stepchild is a minor and in the custody of this first biological parent, marries the stepparent who is not the second biological parent or the adoptive parent of the stepchild;
 (b) The stepchild-stepparent relationship shall remain in effect even though the stepchild is older than the age of majority or has been emancipated;
 (c) The stepchild-stepparent relationship shall remain in effect even though one or both of the biological parents of the stepchild die; and
 (d) The stepchild-stepparent relationship shall end upon the divorce of the biological parent and the stepparent. [Amended by 1953 c.600 §3; 1961 c.437 §1; 1967 c.544 §1; 1973 c.718 §2; 1991 c.471 §1; 1991 c.608 §1; 1995 c.618 §19]
 Section 30.030 - Distribution of damages.
 (2) The personal representative shall make payment or reimbursement for costs, expenses and fees incurred in prosecution or enforcement of the claim, action or judgment.
 (3) The personal representative shall make payment or reimbursement for reasonable charges necessarily incurred for doctors’ services, hospital services, nursing services or other medical services, burial services and memorial services rendered for the decedent.
 (4) If under ORS 30.040 or 30.050 or by agreement of the beneficiaries a portion of the damages so accepted or recovered is apportioned to a beneficiary as recovery for loss described in ORS 30.020 (2)(d), the personal representative shall distribute that portion to the beneficiary.
 (5) The remainder of damages accepted or recovered shall be distributed to the beneficiaries in the proportions prescribed under the laws of intestate succession of the state of decedent’s domicile, or as agreed by the beneficiaries, but no such damages shall be subject to payment of taxes or claims against the decedent’s estate. [Amended by 1973 c.718 §3; 2009 c.51 §1]
 Section 30.040 - Apportionment among dependents upon settlement.
 Section 30.050 - Apportionment among dependents after judgment.
 Section 30.060 - Appeal from order of distribution or apportionment.
 Section 30.070 - Settlement; discharge of claim.
 Section 30.075 - Procedure upon death of injured person.
 (2) In any such action the court may award to the prevailing party, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees.
 (3) Subsection (2) of this section does not apply to an action for damages arising out of injuries that result in death. If an action for wrongful death under ORS 30.020 is brought, recovery of damages for disability, pain, suffering and loss of income during the period between injury to the decedent and the resulting death of the decedent may only be recovered in the wrongful death action, and the provisions of subsection (2) of this section are not applicable to the recovery. [1965 c.620 §4; 1971 c.473 §2; 1981 c.810 §1; 1981 c.897 §6; 1995 c.618 §21]
 Section 30.080 - Effect of death of wrongdoer.
 Section 30.085
 Section 30.090 - Appointment of administrator of estate of wrongdoer.
 Section 30.100 - Substitution of personal representative as party defendant.
 Section 30.115 - Aircraft and watercraft guest passengers; definitions.
 (1) "Payment" means a substantial benefit in a material or business sense conferred upon the owner or operator of the conveyance and which is a substantial motivating factor for the transportation, and it does not include a mere gratuity or social amenity.
 (2) "Gross negligence" refers to negligence which is materially greater than the mere absence of reasonable care under the circumstances, and which is characterized by conscious indifference to or reckless disregard of the rights of others. [1961 c.578 §2 (30.115 enacted in lieu of 30.110 and 30.120); 1979 c.866 §7]
 Section 30.130 - Public carriers by aircraft and prospective aircraft purchasers.
 Section 30.135 - Liability of certain persons that lend, rent, donate use of, make available for test drive or otherwise provide motor vehicle.
 (2) The limitation on liability provided by this section applies only if the person providing the motor vehicle is engaged in the business of selling, renting, leasing or repairing motor vehicles and the motor vehicle is provided to another person in the course of that business.
 (3) The limitation on liability provided by this section applies only if there is a written agreement between the person providing the motor vehicle and the person receiving the motor vehicle, and the agreement specifically indicates that the person receiving the motor vehicle is liable for any injury, death or damage arising out of the use of the motor vehicle. The limitation on liability provided by this section applies to injury, death or damage suffered during the period specified in the written agreement, or until the return of the motor vehicle, whichever is later.
 (4) The limitation on liability provided by this section applies without regard to whether the motor vehicle is provided for consideration or is provided without charge.
 (5) Nothing in this section affects the liability of a manufacturer, distributor, seller or lessor of a product under the provisions of ORS 30.900 to 30.920.
 (6) Nothing in this section increases, reduces or relates to those obligations that a self-insurer may choose to undertake pursuant to ORS 806.130. Nothing in ORS 806.130 increases, reduces or relates to the limitations of this section. [1999 c.438 §1; 2001 c.291 §1; 2003 c.331 §1; 2007 c.287 §4]
 Section 30.136 - Action to enforce right or remedy under Servicemembers Civil Relief Act.
 (2) An action brought by a servicemember to enforce a right or remedy under 50 U.S.C. App. 501 et seq. is not subject to court-ordered arbitration under ORS 36.400 to 36.425 unless the parties to the action stipulate in writing to arbitration after the action is commenced.
 (3) In addition to the counties specified in ORS 14.080, an action brought by a servicemember to enforce a right or remedy under 50 U.S.C. App. 501 et seq. may be brought in the Oregon county where the servicemember resides or where the servicemember was a resident at the time of bringing the action.
 (4) Any contract term or provision providing for a choice of forum other than Oregon in an agreement entered into by a servicemember who resides in Oregon or is a resident of Oregon is voidable at the election of the servicemember. [2009 c.83 §1]
 Note: Section 4, chapter 83, Oregon Laws 2009, provides:
 Sec. 4. Sections 1 and 2 of this 2009 Act [30.136 and 30.138] apply only to conduct that violates 50 U.S.C. App. 501 et seq. that occurs on or after the effective date of this 2009 Act [May 8, 2009]. [2009 c.83 §4]
 Section 30.138 - Remedies for violation of Servicemembers Civil Relief Act.
 (2) If a court finds that notice was mailed as required by this section, and the opposing party failed to remedy the violation of 50 U.S.C. App. 501 et seq. within the time allowed, the court shall award the servicemember:
 (a) The greater of $1,000 or actual damages, including damages for emotional distress; or
 (b) If the court finds that the opposing party’s conduct was willful, as described in ORS 646.605, the court shall award the servicemember the greater of $5,000, or three times the amount of actual damages, including damages for emotional distress.
 (3) A written demand under subsection (1) of this section must be sent by certified mail, return receipt requested. The demand must include the servicemember’s name and address, the date on which the servicemember went on active duty and a description of the alleged violation of 50 U.S.C. App. 501 et seq. [2009 c.83 §2]
 Note: See note under 30.136.
 Section 30.140 - Certain indemnification provisions in construction agreement void.
 (2) This section does not affect any provision in a construction agreement that requires a person or that person’s surety or insurer to indemnify another against liability for damage arising out of death or bodily injury to persons or damage to property to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the indemnitor, or the fault of the indemnitor’s agents, representatives or subcontractors.
 (3) As used in this section, "construction agreement" means any written agreement for the planning, design, construction, alteration, repair, improvement or maintenance of any building, highway, road excavation or other structure, project, development or improvement attached to real estate including moving, demolition or tunneling in connection therewith.
 (4) This section does not apply to:
 (a) Any real property lease or rental agreement between a landlord and tenant whether or not any provision of the lease or rental agreement relates to or involves planning, design, construction, alteration, repair, improvement or maintenance as long as the predominant purpose of the lease or rental agreement is not planning, design, construction, alteration, repair, improvement or maintenance of real property; or
 (b) Any personal property lease or rental agreement.
 (5) No provision of this section shall be construed to apply to a "railroad" as defined in ORS 824.200. [1973 c.570 §§1,2; 1987 c.774 §25; 1995 c.704 §1; 1997 c.858 §1; 2007 c.413 §1]
 Section 30.142
 Section 30.144
 Section 30.145 - Certain provisions relating to waivers in construction agreements void.
 (2) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in an insurance policy issued pursuant to ORS 737.602 or to a provision for waiver of subrogation, indemnity or contribution that applies to proceeds of a property insurance policy.
 (3) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in a real property lease or rental agreement between a landlord and tenant, whether or not any provision of the lease or rental agreement relates to or involves planning, designing, constructing, altering, repairing, improving or maintaining, as long as the predominant purpose of the lease or rental agreement is not planning, designing, constructing, altering, repairing, improving or maintaining real property.
 (4) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in a personal property lease or rental agreement.
 (5) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in a construction agreement in which one of the parties is a railroad as defined in ORS 824.200.
 (6) As used in this section, "construction agreement" has the meaning given that term in ORS 30.140. [2011 c.518 §1]
 Section 30.146
 Section 30.150
 Section 30.155
 Section 30.160
 Section 30.165
 Section 30.170
 Section 30.175
 Section 30.178 - Liability of employer for disclosing information about employee to new employer; no action based on compelled self-publication.
 (2) A civil action for defamation may not be maintained against an employer by an employee who is terminated by the employer based on a claim that in seeking subsequent employment the former employee will be forced to reveal the reasons given by the employer for the termination. [1995 c.330 §1; 1997 c.754 §1; 2001 c.621 §68]
 Section 30.180 - Definitions for 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, partnership, firm, association, corporation or government agency.
 (4) "Reconnection" means the commencement of utility service to a customer or other person after service has been lawfully disconnected by the utility.
 (5) "Tamper" means to rearrange, injure, alter, interfere with or otherwise prevent from performing the normal or customary function.
 (6) "Utility" means a private corporation, a municipal corporation or an agency thereof, any other public corporation or any district that provides electricity, gas, water, telephone or cable television to customers on a retail or wholesale basis.
 (7) "Utility service" means the provision of electricity, gas, water, telephone, cable television, electronic communications, steam or any other service or commodity furnished by the utility for compensation. [1989 c.670 §3]
 Section 30.182 - Civil action for taking of or tampering with utility services.
 (1) Divert, or cause to be diverted, utility services by any means whatsoever;
 (2) Make, or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility;
 (3) Prevent any utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;
 (4) Tamper with any property owned or used by the utility to provide utility services; or
 (5) Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the utility. [1989 c.670 §1]
 Section 30.184 - Amount recoverable; attorney fees.
 Section 30.186 - Remedies not exclusive.
 Section 30.190
 Section 30.192 - Definitions for ORS 30.192 to 30.196.
 (1) "Cable operator" means a person who:
 (a) Lawfully provides cable service over a cable system in which the person, directly or through one or more affiliates, owns a significant interest; or
 (b) Lawfully controls or is responsible for the management and operation of a cable system through an arrangement.
 (2) "Cable service" means:
 (a) One-way transmission to subscribers of a video programming service;
 (b) Two-way interactive services delivered over a cable system; or
 (c) Any communication with subscribers necessary for the use of video programming or interactive service.
 (3) "Cable system" means a facility consisting of closed transmission paths and associated signal operation, reception and control equipment that is designed to provide cable service. [1999 c.705 §1]
 Section 30.194 - Prohibitions relating to cable services.
 (1) Obtain cable service from a cable operator by trick, artifice, deception, use of an unauthorized device or decoder, or other means without authorization or with the intent to deprive the cable operator of lawful compensation for services rendered;
 (2) Make or maintain, without authorization from or payment to a cable operator, a connection or connections, whether physical, electrical, mechanical, acoustical or otherwise with any cable, wire, component or other device used for the distribution of cable services, except that nothing in this subsection is intended to make unlawful circumstances in which the person has attached a wire or cable to extend authorized or paid cable services to an additional outlet or in which the cable operator has failed to disconnect previously authorized or paid cable service;
 (3) Modify, alter or maintain a modification or alteration to a device installed by a cable operator if the modification or alteration is for the purpose of intercepting or otherwise receiving cable service without authorization from or payment to the cable operator;
 (4) Possess, with intent to receive cable services without authorization from or payment to a cable operator, a printed circuit board or other device designed in whole or in part to facilitate:
 (a) Receiving cable services offered for sale over a cable system; or
 (b) Performing or facilitating any act described in subsections (1) to (3) of this section;
 (5) Manufacture, import into this state, distribute, sell, lease or offer for sale or lease, with intent to promote the receipt of cable services without authorization from or payment to a cable operator, any printed circuit board, plan or other device, or a kit for such a device, designed in whole or in part to facilitate:
 (a) Receiving cable services offered for sale over a cable system; or
 (b) Performing or facilitating any act described in subsections (1) to (3) of this section; or
 (6) Fail to return or surrender, upon demand and after service has been terminated, equipment provided by a cable operator to receive cable service. [1999 c.705 §2]
 Section 30.195 - Civil action for violation of prohibitions relating to cable services.
 (2) A cable operator who alleges a violation of ORS 30.194 may file for injunctive relief in the circuit court for the county where the alleged violation occurred or is occurring.
 (3) A cable operator who files an action under this section is not required to plead damages with particularity as a condition of filing or maintaining the action.
 (4) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (1) if the person is in actual possession of a device that permits the reception of unauthorized cable services for which payment has not been made and for which no legitimate purpose exists.
 (5) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (2) if cable service to the person’s business or residence was disconnected by a cable operator, notice of the disconnection was provided to the person by certified mail, and a connection exists at the person’s business or residence after the date of the notice.
 (6) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (3) if the cable operator as standard procedure:
 (a) Places written warning labels on its converters or decoders indicating that tampering with the devices is a violation of law and a converter or decoder is found to have been tampered with, altered or modified to allow the reception of cable services without authorization from or payment to the cable operator; or
 (b) Seals its converters or decoders with a label or mechanical device and the label or device has been removed or broken.
 (7) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (4) if a person possesses 10 or more printed circuit boards or other devices designed to receive cable services. A person who is found to have violated ORS 30.194 (4) shall be subject to penalties described in ORS 30.196 (2).
 (8) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (5) if the person made representations to a buyer that the device offered for sale would allow the purchaser to obtain cable service without authorization from or payment to a cable operator. A person who is found to have violated ORS 30.194 (5) shall be subject to penalties described in ORS 30.196 (2).
 (9) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (6) if a cable operator sent to the person by certified mail, at the most recent address for the person shown in the records of the cable operator, a written demand for the return of converters, decoders or other equipment owned by the cable operator. The demand shall allow the person to make reasonable arrangements to return the equipment within 15 days of receiving the notice. Reasonable arrangements may include a request that the cable operator pick up the equipment, subject to the cable operators written policies.
 (10) Statements from a manufacturer or retailer regarding the intended use or uses of a product shall not constitute a defense to an alleged violation of ORS 30.194 (5). [1999 c.705 §3]
 Section 30.196 - Amount recoverable; attorney fees.
 (2)(a) A court may increase an award under subsection (1) of this section to an amount not to exceed $50,000 if the court determines that the violation was committed for purposes of commercial advantage.
 (b) As used in this subsection, "commercial advantage" does not include any monetary gain realized by a person’s private use of unauthorized cable services.
 (3) The prevailing party in an action brought under ORS 30.195 shall be awarded reasonable court costs and attorney fees and all costs including but not limited to the cost of investigation, disconnection or reconnection, service calls, labor, equipment and expert testimony. [1999 c.705 §4]
 Section 30.198 - Civil action for intimidation; remedies; attorney fees; liability of parents.
 (2) Upon prevailing in such action, the plaintiff may recover:
 (a) Both special and general damages, including damages for emotional distress; and
 (b) Punitive damages.
 (3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court.
 (4) The parent, parents or legal guardian of an unemancipated minor shall be liable for any judgment recovered against such minor under this section, in an amount not to exceed $5,000. [Formerly 30.190]
 Section 30.200 - Action by district attorney; effect on others.
 Section 30.210 - To whom official bonds are security.
 Section 30.220 - Parties.
 Section 30.230 - Leave to begin action.
 Section 30.240 - Subsequent delinquencies on same bond.
 Section 30.250 - Amount of judgment.
 Section 30.260 - Definitions for ORS 30.260 to 30.300.
 (1) "Department" means the Oregon Department of Administrative Services.
 (2) "Director" means the Director of the Oregon Department of Administrative Services.
 (3) "Governing body" means the group or officer in which the controlling authority of any public body is vested.
 (4) "Public body" means:
 (a) A public body as defined in ORS 174.109;
 (b) Any nonprofit corporation that is organized and existing under ORS chapter 65 and that has only political subdivisions or municipal, quasi-municipal or public corporations in this state as members;
 (c) A child-caring agency, as defined in ORS 418.205, that meets the criteria specified in ORS 278.322 (1)(a) and that receives more than 50 percent of its funding from the state for the purpose of providing residential treatment to children who have been placed in the care and custody of the state or that provides residential treatment to children more than half of whom have been placed in the care and custody of the state; or
 (d) A private, nonprofit organization that provides public transportation services if more than 50 percent of the organization’s funding for the purpose of providing public transportation services is received from governmental bodies.
 (5) "State" means:
 (a) State government as defined in ORS 174.111;
 (b) The State Accident Insurance Fund Corporation; and
 (c) The Oregon Utility Notification Center.
 (6) "Local public body" means any public body other than the state.
 (7) "Nuclear incident" has the meaning given that term in 42 U.S.C. 2014(q).
 (8) "Tort" means the breach of a legal duty that is imposed by law, other than a duty arising from contract or quasi-contract, the breach of which results in injury to a specific person or persons for which the law provides a civil right of action for damages or for a protective remedy. [1967 c.627 §1; 1975 c.609 §11; 1977 c.823 §1; 1981 c.109 §1; 1987 c.915 §9; subsections (7) and (8) enacted as 1987 c.705 §6; 1989 c.905 §1; 1989 c.1004 §2; 1993 c.500 §3; 1997 c.215 §4; 2005 c.684 §1; 2005 c.798 §2; 2009 c.67 §9; 2016 c.106 §41]
 Section 30.261 - Limitation on applicability of ORS 30.260 to 30.300 to certain private, nonprofit organizations.
 Note: 30.261 was added to and made a part of 30.260 to 30.300 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 30.262 - Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300.
 (a) A nonprofit residential training facility as defined in ORS 443.400, nonprofit residential training home as defined in ORS 443.400 or nonprofit facility as defined in ORS 427.005, organized and existing under ORS chapter 65, that receives more than 50 percent of its funding from the state or a political subdivision of the state for the purpose of providing residential or vocational services to individuals with intellectual or other developmental disabilities.
 (b) A nonprofit residential training facility as defined in ORS 443.400, nonprofit residential training home as defined in ORS 443.400 or nonprofit facility as defined in ORS 427.005, organized and existing under ORS chapter 65, that receives less than 50 percent of its funding from the state or a political subdivision of the state but that provides residential or vocational services to individuals with intellectual or other developmental disabilities, more than half of whom are eligible for funding for services by the Department of Human Services under criteria established by the department.
 (2) The provisions of this section apply only to a nonprofit residential training facility, nonprofit residential training home or nonprofit facility that provides services to individuals with intellectual or other developmental disabilities under a contract with:
 (a) The Department of Human Services; or
 (b) A community mental health program or community developmental disabilities program established pursuant to ORS 430.620. [1997 c.579 §2; 2001 c.900 §9; 2007 c.70 §8; 2011 c.658 §30; 2011 c.720 §52]
 Note: 30.262 was added to and made a part of 30.260 to 30.300 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 30.265 - Scope of liability of public body, officers, employees and agents; liability in nuclear incident.
 (2) The sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 or 30.287 is an action under ORS 30.260 to 30.300. The remedy provided by ORS 30.260 to 30.300 is exclusive of any other action against any such officer, employee or agent of a public body whose act or omission within the scope of the officer’s, employee’s or agent’s employment or duties gives rise to the action. No other form of civil action is permitted.
 (3) If an action under ORS 30.260 to 30.300 alleges damages in an amount equal to or less than the damages allowed under ORS 30.271, 30.272 or 30.273, the sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 or 30.287 is an action against the public body. If an action is filed against an officer, employee or agent of a public body, and the plaintiff alleges damages in an amount equal to or less than the damages allowed under ORS 30.271, 30.272 or 30.273, the court upon motion shall substitute the public body as the defendant. Substitution of the public body as the defendant does not exempt the public body from making any report required under ORS 742.400.
 (4) If an action under ORS 30.260 to 30.300 alleges damages in an amount greater than the damages allowed under ORS 30.271, 30.272 or 30.273, the action may be brought and maintained against an officer, employee or agent of a public body, whether or not the public body is also named as a defendant. An action brought under this subsection is subject to the limitations on damages imposed under ORS 30.271, 30.272 or 30.273, and the total combined amount recovered in the action may not exceed those limitations for a single accident or occurrence without regard to the number or types of defendants named in the action.
 (5) Every public body is immune from liability for any claim for injury to or death of any person or injury to property resulting from an act or omission of an officer, employee or agent of a public body when such officer, employee or agent is immune from liability.
 (6) Every public body and its officers, employees and agents acting within the scope of their employment or duties, or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276.598, are immune from liability for:
 (a) Any claim for injury to or death of any person covered by any workers’ compensation law.
 (b) Any claim in connection with the assessment and collection of taxes.
 (c) Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.
 (d) Any claim that is limited or barred by the provisions of any other statute, including but not limited to any statute of ultimate repose.
 (e) Any claim arising out of riot, civil commotion or mob action or out of any act or omission in connection with the prevention of any of the foregoing.
 (f) Any claim arising out of an act done or omitted under apparent authority of a law, resolution, rule or regulation that is unconstitutional, invalid or inapplicable except to the extent that they would have been liable had the law, resolution, rule or regulation been constitutional, valid and applicable, unless such act was done or omitted in bad faith or with malice.
 (7) This section applies to any action of any officer, employee or agent of the state relating to a nuclear incident, whether or not the officer, employee or agent is acting within the scope of employment, and provided the nuclear incident is covered by an insurance or indemnity agreement under 42 U.S.C. 2210.
 (8) Subsection (6)(c) of this section does not apply to any discretionary act that is found to be the cause or partial cause of a nuclear incident covered by an insurance or indemnity agreement under the provisions of 42 U.S.C. 2210, including but not limited to road design and route selection. [1967 c.627 §§2,3,10; 1969 c.429 §1; 1975 c.609 §12; 1977 c.823 §2; 1981 c.490 §4; 1985 c.731 §31; 1987 c.705 §7; 1991 c.861 §1; 2005 c.22 §19; 2007 c.803 §4; 2011 c.270 §1]
 Section 30.267 - Liability for certain medical treatment at Oregon Health and Science University facilities.
 (a) Salaried physicians, naturopathic physicians or dentists employed at any full-time equivalent by the Oregon Health and Science University;
 (b) Nonsalaried or courtesy physicians, naturopathic physicians or dentists affiliated with the Oregon Health and Science University;
 (c) Medical, dental or nursing students or trainees affiliated with the Oregon Health and Science University;
 (d) Volunteer physicians, naturopathic physicians or dentists affiliated with the Oregon Health and Science University; or
 (e) Any nurses, students, orderlies, volunteers, aides or employees of the Oregon Health and Science University.
 (2) As used in this section:
 (a) "Nonsalaried or courtesy physician, naturopathic physician or dentist" means a physician, naturopathic physician or dentist who receives a fee or other compensation for those services constituting patient care which are within the scope of state employment or duties under this section. The term does not include a physician, naturopathic physician or dentist described under subsection (1)(a) of this section.
 (b) "Volunteer physician, naturopathic physician or dentist" means a physician, naturopathic physician or dentist who does not receive a salary, fee or other compensation for those services constituting patient care which are within the scope of state employment or duties under this section. [1977 c.851 §2; 2017 c.356 §1]
 Section 30.268 - Liability for certain medical treatment at facilities other than Oregon Health and Science University.
 (a) Provided by members of the Oregon Health and Science University faculty or staff, Oregon Health and Science University students under prior written express authorization from the president of the Oregon Health and Science University or a representative of the president to provide those services at that location;
 (b) The services provided are within the scope of the express authorization; and
 (c) The Oregon Health and Science University:
 (A) Derives revenue in a similar amount or percentage as it would for care rendered on the Oregon Health and Science University campus or at an Oregon Health and Science University clinic; or
 (B) Is performing a salaried, nonfee-generating or volunteer public community or nonfee-generating educational service by providing the services.
 (2) For the purposes of ORS 30.260 to 30.300, services constituting patient care that are provided at a location other than the Oregon Health and Science University campus or one of the Oregon Health and Science University clinics are not within the scope of state employment or duties when:
 (a) Such services constitute an exclusively private relationship between the patient and a person described in subsection (1)(a) of this section; and
 (b) The requirements of subsection (1)(b) and (c) of this section are not met. [1977 c.851 §3; 1995 c.84 §1]
 Section 30.269 - Limitations on awards under Oregon Tort Claims Act generally.
 (2) Claims subject to ORS 30.260 to 30.300 are not subject to the limitation imposed by ORS 31.710.
 (3) A court may not apply the limitations imposed on recovery under ORS 30.271, 30.272 and 30.273 until after the entry of a verdict or a stipulation by the parties to the amount of the damages.
 (4) The limitations imposed under ORS 30.271 (2) and 30.272 (2) on single claimants include damages claimed for loss of services or loss of support arising out of the same tort.
 (5) If two or more claimants recover on a claim that arises out of a single accident or occurrence, and the recovery is subject to a limitation imposed by ORS 30.271 (3), 30.272 (3) or 30.273 (2)(b), any party to the action in which the claim is made may apply to the court to apportion to each claimant the proper share of the amount allowed by ORS 30.271 (3), 30.272 (3) or 30.273 (2)(b). The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the accident or occurrence.
 (6) Liability of any public body and one or more of its officers, employees or agents, or two or more officers, employees or agents of a public body, on claims arising out of a single accident or occurrence, may not exceed in the aggregate the amounts allowed by ORS 30.271, 30.272 and 30.273.
 (7) ORS 30.271, 30.272 and 30.273 do not apply to a claim arising in connection with a nuclear incident covered by an insurance or indemnity agreement under 42 U.S.C. 2210.
 (8) For the purposes of the limitations imposed by ORS 30.271, 30.272 and 30.273, events giving rise to a proclamation of a state of emergency under ORS 401.165, or a proclamation of a public health emergency under ORS 433.441, do not constitute a single accident or occurrence. [2009 c.67 §2; 2009 c.718 §15]
 Note: 30.269 to 30.274 were added to and made a part of 30.260 to 30.300 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 30.271 - Limitations on liability of state for personal injury and death.
 (a) Are subject to ORS 30.260 to 30.300;
 (b) Are made against the state, or against an officer, employee or agent of the state acting within the person’s scope of employment or duties;
 (c) Arise out of a single accident or occurrence; and
 (d) Are not claims for damage to or destruction of property.
 (2) The liability of the state, and the liability of the state’s officers, employees and agents acting within the scope of their employment or duties, to any single claimant for claims described in subsection (1) of this section may not exceed:
 (a) $1.5 million, for causes of action arising on or after December 28, 2007, and before July 1, 2010.
 (b) $1.6 million, for causes of action arising on or after July 1, 2010, and before July 1, 2011.
 (c) $1.7 million, for causes of action arising on or after July 1, 2011, and before July 1, 2012.
 (d) $1.8 million, for causes of action arising on or after July 1, 2012, and before July 1, 2013.
 (e) $1.9 million, for causes of action arising on or after July 1, 2013, and before July 1, 2014.
 (f) $2 million, for causes of action arising on or after July 1, 2014, and before July 1, 2015.
 (g) The adjusted limitation provided by subsection (4) of this section, for causes of action arising on or after July 1, 2015.
 (3) The liability of the state, and the liability of the state’s officers, employees and agents acting within the scope of their employment or duties, to all claimants for claims described in subsection (1) of this section may not exceed:
 (a) $3 million, for causes of action arising on or after December 28, 2007, and before July 1, 2010.
 (b) $3.2 million, for causes of action arising on or after July 1, 2010, and before July 1, 2011.
 (c) $3.4 million, for causes of action arising on or after July 1, 2011, and before July 1, 2012.
 (d) $3.6 million, for causes of action arising on or after July 1, 2012, and before July 1, 2013.
 (e) $3.8 million, for causes of action arising on or after July 1, 2013, and before July 1, 2014.
 (f) $4 million, for causes of action arising on or after July 1, 2014, and before July 1, 2015.
 (g) The adjusted limitation provided by subsection (4) of this section, for causes of action arising on or after July 1, 2015.
 (4) Beginning in 2015, and every year thereafter, the State Court Administrator shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on changes in the Portland-Salem, OR-WA Consumer Price Index for All Urban Consumers for All Items as published by the Bureau of Labor Statistics of the United States Department of Labor. On or before July 1 of the year in which the State Court Administrator makes the determination required by this subsection, the State Court Administrator shall adjust the limitations imposed under subsections (2) and (3) of this section for the following calendar year by multiplying the limitation amounts applicable to the calendar year in which the adjustment is made by the percentage amount determined under this subsection. The adjustment may not exceed three percent for any year. The State Court Administrator shall round the adjusted limitation amount to the nearest $100, but the unrounded amount shall be used to calculate the adjustments to the limitations in subsequent calendar years. The adjusted limitation becomes effective on July 1 of the year in which the adjustment is made, and applies to all causes of action arising on or after July 1 of that year and before July 1 of the subsequent year.
 (5) The limitations imposed by this section apply to claims against Oregon Health and Science University.
 (6) The limitations imposed by this section apply to claims against the State Fair Council. [2009 c.67 §3; 2015 c.589 §1]
 Note: See note under 30.269.
 Section 30.272 - Limitations on liability of local public bodies for personal injury and death.
 (a) Are subject to ORS 30.260 to 30.300;
 (b) Are made against a local public body, or against an officer, employee or agent of a local public body acting within the person’s scope of employment or duties;
 (c) Arise out of a single accident or occurrence; and
 (d) Are not claims for damage to or destruction of property.
 (2) The liability of a local public body, and the liability of the public body’s officers, employees and agents acting within the scope of their employment or duties, to any single claimant for claims described in subsection (1) of this section may not exceed:
 (a) $500,000, for causes of action arising on or after July 1, 2009, and before July 1, 2010.
 (b) $533,300, for causes of action arising on or after July 1, 2010, and before July 1, 2011.
 (c) $566,700, for causes of action arising on or after July 1, 2011, and before July 1, 2012.
 (d) $600,000, for causes of action arising on or after July 1, 2012, and before July 1, 2013.
 (e) $633,300, for causes of action arising on or after July 1, 2013, and before July 1, 2014.
 (f) $666,700, for causes of action arising on or after July 1, 2014, and before July 1, 2015.
 (g) The adjusted limitation provided by subsection (4) of this section, for causes of action arising on or after July 1, 2015.
 (3) The liability of a local public body, and the liability of the public body’s officers, employees and agents acting within the scope of their employment or duties, to all claimants for claims described in subsection (1) of this section may not exceed:
 (a) $1 million, for causes of action arising on or after July 1, 2009, and before July 1, 2010.
 (b) $1,066,700, for causes of action arising on or after July 1, 2010, and before July 1, 2011.
 (c) $1,133,300, for causes of action arising on or after July 1, 2011, and before July 1, 2012.
 (d) $1,200,000, for causes of action arising on or after July 1, 2012, and before July 1, 2013.
 (e) $1,266,700, for causes of action arising on or after July 1, 2013, and before July 1, 2014.
 (f) $1,333,300, for causes of action arising on or after July 1, 2014, and before July 1, 2015.
 (g) The adjusted limitation provided by subsection (4) of this section, for causes of action arising on or after July 1, 2015.
 (4) Beginning in 2015, and every year thereafter, the State Court Administrator shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on changes in the Portland-Salem, OR-WA Consumer Price Index for All Urban Consumers for All Items as published by the Bureau of Labor Statistics of the United States Department of Labor. On or before July 1 of the year in which the State Court Administrator makes the determination required by this subsection, the State Court Administrator shall adjust the limitations imposed under subsections (2) and (3) of this section for the following calendar year by multiplying the limitation amounts applicable to the calendar year in which the adjustment is made by the percentage amount determined under this subsection. The adjustment may not exceed three percent for any year. The State Court Administrator shall round the adjusted limitation amount to the nearest $100, but the unrounded amount shall be used to calculate the adjustments to the limitations in subsequent calendar years. The adjusted limitation becomes effective on July 1 of the year in which the adjustment is made, and applies to all causes of action arising on or after July 1 of that year and before July 1 of the subsequent year.
 (5) The limitations imposed by this section do not apply to claims against Oregon Health and Science University. [2009 c.67 §4]
 Note: See note under 30.269.
 Section 30.273 - Limitations on liability of public bodies for property damage or destruction.
 (a) Are subject to ORS 30.260 to 30.300;
 (b) Are made against a public body, or against a public body’s officers, employees and agents acting within the scope of their employment or duties;
 (c) Arise out of a single accident or occurrence; and
 (d) Are claims for damage to or destruction of property, including consequential damages.
 (2) The liability of a public body, and the liability of the public body’s officers, employees and agents acting within the scope of their employment or duties, for claims described in subsection (1) of this section may not exceed:
 (a) $100,000, or the adjusted limitation provided by subsection (3) of this section, to any single claimant.
 (b) $500,000, or the adjusted limitation provided by subsection (3) of this section, to all claimants.
 (3) Beginning in 2010, and every year thereafter, the State Court Administrator shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on changes in the Portland-Salem, OR-WA Consumer Price Index for All Urban Consumers for All Items as published by the Bureau of Labor Statistics of the United States Department of Labor. On or before July 1 of the year in which the State Court Administrator makes the determination required by this subsection, the State Court Administrator shall adjust the limitations imposed under subsection (2) of this section for the following calendar year by multiplying the limitation amounts applicable to the calendar year in which the adjustment is made by the percentage amount determined under this subsection. The adjustment may not exceed three percent for any year. The State Court Administrator shall round the adjusted limitation amount to the nearest $100, but the unrounded amount shall be used to calculate the adjustments to the limitations in subsequent calendar years. The adjusted limitation becomes effective on July 1 of the year in which the adjustment is made, and applies to all causes of action arising on or after July 1 of that year and before July 1 of the subsequent year. [2009 c.67 §5]
 Note: See note under 30.269.
 Section 30.274 - Direct appeal of constitutionality of limitations.
 (a) The parties have stipulated to the total damages in the action; or
 (b) The finder of fact has decided the total damages in the action.
 (2) If a limited judgment is entered under this section, the court may not enter a general judgment until an appellate judgment on any appeal of the limited judgment has been entered.
 (3) A limited judgment entered under this section may be appealed only by filing a notice of appeal directly with the Supreme Court within the time and in the manner specified in ORS chapter 19 for civil appeals to the Court of Appeals. Any party filing a notice of appeal under this subsection must note in the notice of appeal that the case is subject to this subsection.
 (4) An appeal filed under this section may not raise any issue relating to the case other than the application of a limitation imposed under ORS 30.271, 30.272 or 30.273.
 (5) If a limited judgment is not requested under this section, a party may seek judicial review of the imposition of any of the limitations under ORS 30.271, 30.272 or 30.273 in an appeal from the general judgment in the action. [2009 c.67 §6]
 Note: See note under 30.269.
 Section 30.275 - Notice of claim; time of notice; time of action.
 (2) Notice of claim shall be given within the following applicable period of time, not including the period, not exceeding 90 days, during which the person injured is unable to give the notice because of the injury or because of minority, incompetency or other incapacity:
 (a) For wrongful death, within one year after the alleged loss or injury.
 (b) For all other claims, within 180 days after the alleged loss or injury.
 (3) Notice of claim required by this section is satisfied by:
 (a) Formal notice of claim as provided in subsections (4) and (5) of this section;
 (b) Actual notice of claim as provided in subsection (6) of this section;
 (c) Commencement of an action on the claim by or on behalf of the claimant within the applicable period of time provided in subsection (2) of this section; or
 (d) Payment of all or any part of the claim by or on behalf of the public body at any time.
 (4) Formal notice of claim is a written communication from a claimant or representative of a claimant containing:
 (a) A statement that a claim for damages is or will be asserted against the public body or an officer, employee or agent of the public body;
 (b) A description of the time, place and circumstances giving rise to the claim, so far as known to the claimant; and
 (c) The name of the claimant and the mailing address to which correspondence concerning the claim may be sent.
 (5) Formal notice of claim shall be given by mail or personal delivery:
 (a) If the claim is against the state or an officer, employee or agent thereof, to the office of the Director of the Oregon Department of Administrative Services.
 (b) If the claim is against a local public body or an officer, employee or agent thereof, to the public body at its principal administrative office, to any member of the governing body of the public body, or to an attorney designated by the governing body as its general counsel.
 (6) Actual notice of claim is any communication by which any individual to whom notice may be given as provided in subsection (5) of this section or any person responsible for administering tort claims on behalf of the public body acquires actual knowledge of the time, place and circumstances giving rise to the claim, where the communication is such that a reasonable person would conclude that a particular person intends to assert a claim against the public body or an officer, employee or agent of the public body. A person responsible for administering tort claims on behalf of a public body is a person who, acting within the scope of the person’s responsibility, as an officer, employee or agent of a public body or as an employee or agent of an insurance carrier insuring the public body for risks within the scope of ORS 30.260 to 30.300, engages in investigation, negotiation, adjustment or defense of claims within the scope of ORS 30.260 to 30.300, or in furnishing or accepting forms for claimants to provide claim information, or in supervising any of those activities.
 (7) In an action arising from any act or omission of a public body or an officer, employee or agent of a public body within the scope of ORS 30.260 to 30.300, the plaintiff has the burden of proving that notice of claim was given as required by this section.
 (8) The requirement that a notice of claim be given under subsections (1) to (7) of this section does not apply if:
 (a)(A) The claimant was under the age of 18 years when the acts or omissions giving rise to a claim occurred;
 (B) The claim is against the Department of Human Services or the Oregon Youth Authority; and
 (C) The claimant was in the custody of the Department of Human Services pursuant to an order of a juvenile court under ORS 419B.150, 419B.185, 419B.337 or 419B.527, or was in the custody of the Oregon Youth Authority under the provisions of ORS 419C.478, 420.011 or 420A.040, when the acts or omissions giving rise to a claim occurred.
 (b) The claim is against a private, nonprofit organization that provides public transportation services described under ORS 30.260 (4)(d).
 (9) Except as provided in ORS 12.120, 12.135 and 659A.875, but notwithstanding any other provision of ORS chapter 12 or other statute providing a limitation on the commencement of an action, an action arising from any act or omission of a public body or an officer, employee or agent of a public body within the scope of ORS 30.260 to 30.300 shall be commenced within two years after the alleged loss or injury. [1967 c.627 §5; 1969 c.429 §3; 1975 c.604 §1a; 1975 c.609 §14; 1977 c.823 §3; 1979 c.284 §64; 1981 c.350 §1; 1993 c.500 §4; 1993 c.515 §1; 2001 c.601 §1; 2001 c.621 §89; 2005 c.684 §2; 2009 c.67 §18]
 Section 30.278 - Reporting notice of claim of professional negligence to licensing board.
 (2) This section does not apply to a notice of adverse health care incident received under section 2, chapter 5, Oregon Laws 2013. [1987 c.774 §64; 2013 c.5 §11]
 Note: The amendments to 30.278 by section 12, chapter 5, Oregon Laws 2013, become operative December 31, 2023. See section 22, chapter 5, Oregon Laws 2013. The text that is operative on and after December 31, 2023, is set forth for the user’s convenience.
 When notice is received under ORS 30.275 of a claim of professional negligence against a physician, optometrist, dentist, dental hygienist or naturopath who is acting within the scope of employment by a public body or within the scope of duties as defined by ORS 30.267, the person receiving the notice shall report to the appropriate licensing board, in the same manner as required by ORS 742.400, the information required by ORS 742.400 to be reported by insurers or self-insured associations.
 Note: 30.278 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 30 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 30.282 - Local public body insurance; self-insurance program; action against program.
 (a) Tort liability of the public body and its officers, employees and agents acting within the scope of their employment or duties; or
 (b) Property damage.
 (2) In addition to, or in lieu of procuring insurance, the governing body may establish a self-insurance program against the tort liability of the public body and its officers, employees and agents or against property damage. If the public body has authority to levy taxes, it may include in its levy an amount sufficient to establish and maintain a self-insurance program on an actuarially sound basis.
 (3) Notwithstanding any other provision of law, two or more local public bodies may jointly provide by intergovernmental agreement for anything that subsections (1) and (2) of this section authorize individually.
 (4) As an alternative or in addition to establishment of a self-insurance program or purchase of insurance or both, the governing body of any local public body and the Oregon Department of Administrative Services may contract for payment by the public body to the department of assessments determined by the department to be sufficient, on an actuarially sound basis, to cover the potential liability of the public body and its officers, employees or agents acting within the scope of their employment or duties under ORS 30.260 to 30.300, and costs of administration, or to cover any portion of potential liability, and for payment by the department of valid claims against the public body and its officers, employees and agents acting within the scope of their employment or duties. The department may provide the public body evidence of insurance by issuance of a certificate or policy.
 (5) Assessments paid to the department under subsection (4) of this section shall be paid into the Insurance Fund created under ORS 278.425, and claims paid and administrative costs incurred under subsection (4) of this section shall be paid out of the Insurance Fund, and moneys in the Insurance Fund are continuously appropriated for those purposes. When notice of any claim is furnished as provided in the agreement, the claim shall be handled and paid, if appropriate, in the same manner as a claim against a state agency, officer, employee or agent, without regard to the amount the local public body has been assessed.
 (6) A self-insurance program established by three or more public bodies under subsections (2) and (3) of this section is subject to the following requirements:
 (a) The annual contributions to the program must amount in the aggregate to at least $1 million.
 (b) The program must provide documentation that defines program benefits and administration.
 (c) Program contributions and reserves must be held in separate accounts and used for the exclusive benefit of the program.
 (d) The program must maintain adequate reserves. Reserve adequacy shall be calculated annually with proper actuarial calculations including the following:
 (A) Known claims, paid and outstanding;
 (B) Estimate of incurred but not reported claims;
 (C) Claims handling expenses;
 (D) Unearned contributions; and
 (E) A claims trend factor.
 (e) The program must maintain an unallocated reserve account equal to 25 percent of annual contributions, or $250,000, whichever is greater. As used in this paragraph, "unallocated reserves" means the amount of funds determined by a licensed independent actuary to be greater than what is required to fund outstanding claim liabilities, including an estimate of claims incurred but not reported.
 (f) The program must make an annual independently audited financial statement available to the participants of the program.
 (g) The program must maintain adequate excess or reinsurance against the risk of economic loss.
 (h) The program, a third party administrator or an owner of a third party administrator may not collect commissions or fees from an insurer.
 (7) A program operated under subsection (6) of this section that fails to meet any of the listed requirements for a period longer than 30 consecutive days shall be dissolved and any unallocated reserves returned in proportional amounts based on the contributions of the public body to the public bodies that established the program within 90 days of the failure.
 (8) A local public body may bring an action against a program operated under subsection (6) of this section if the program fails to comply with the requirements listed in subsection (6) of this section. [1975 c.609 §19; 1977 c.428 §1; 1981 c.109 §4; 1985 c.731 §21; 2005 c.175 §2; 2009 c.67 §19]
 Section 30.285 - Public body shall indemnify public officers; procedure for requesting counsel; extent of duty of state; obligation for judgment and attorney fees.
 (2) The provisions of subsection (1) of this section do not apply in case of malfeasance in office or willful or wanton neglect of duty.
 (3) If any civil action, suit or proceeding is brought against any state officer, employee or agent which on its face falls within the provisions of subsection (1) of this section, or which the state officer, employee or agent asserts to be based in fact upon an alleged act or omission in the performance of duty, the state officer, employee or agent may, after consulting with the Oregon Department of Administrative Services file a written request for counsel with the Attorney General. The Attorney General shall thereupon appear and defend the officer, employee or agent unless after investigation the Attorney General finds that the claim or demand does not arise out of an alleged act or omission occurring in the performance of duty, or that the act or omission complained of amounted to malfeasance in office or willful or wanton neglect of duty, in which case the Attorney General shall reject defense of the claim.
 (4) Any officer, employee or agent of the state against whom a claim within the scope of this section is made shall cooperate fully with the Attorney General and the department in the defense of such claim. If the Attorney General after consulting with the department determines that such officer, employee or agent has not so cooperated or has otherwise acted to prejudice defense of the claim, the Attorney General may at any time reject the defense of the claim.
 (5) If the Attorney General rejects defense of a claim under subsection (3) of this section or this subsection, no public funds shall be paid in settlement of said claim or in payment of any judgment against such officer, employee or agent. Such action by the Attorney General shall not prejudice the right of the officer, employee or agent to assert and establish an appropriate proceedings that the claim or demand in fact arose out of an alleged act or omission occurring in the performance of duty, or that the act or omission complained of did not amount to malfeasance in office or willful or wanton neglect of duty, in which case the officer, employee or agent shall be indemnified against liability and reasonable costs of defending the claim, cost of such indemnification to be a charge against the Insurance Fund established by ORS 278.425.
 (6) Nothing in subsection (3), (4) or (5) of this section shall be deemed to increase the limits of liability of any public officer, agent or employee under ORS 30.260 to 30.300, or obviate the necessity of compliance with ORS 30.275 by any claimant, nor to affect the liability of the state itself or of any other public officer, agent or employee on any claim arising out of the same accident or occurrence.
 (7) As used in this section, "state officer, employee or agent" includes district attorneys and deputy district attorneys, special prosecutors and law clerks of the office of district attorney who act in a prosecutorial capacity, but does not include any other employee of the office of district attorney or any employee of the justice or circuit courts whose salary is paid wholly or in part by the county. [1967 c.627 §7; 1975 c.609 §16; 1981 c.109 §5; 1981 c.913 §2; 1985 c.731 §22; 1987 c.763 §1; 2009 c.67 §11]
 Section 30.287 - Counsel for public officer; when public funds not to be paid in settlement; effect on liability limit; defense by insurer.
 (2) Any officer, employee or agent of a local public body against whom a claim within the scope of this section is made shall cooperate fully with the governing body and counsel in the defense of such claim. If the counsel determines and certifies to the governing body that such officer, employee or agent has not so cooperated or has otherwise acted in prejudice of the defense of the claim, the governing body may at any time reject the defense of the claim.
 (3) If the governing body rejects defense of a claim under subsection (1) of this section, no public funds shall be paid in settlement of the claim or in payment of any judgment against such officer, employee or agent. Such action by the governing body shall not prejudice the right of the officer, employee or agent to assert and establish in an appropriate proceedings that the claim or demand in fact arose out of an alleged act or omission occurring in the performance of duty, or that the act or omission complained of did not amount to malfeasance in office or willful or wanton neglect of duty, in which case the officer, employee or agent shall be indemnified by the public body against liability and reasonable costs of defending the claim.
 (4) Nothing in subsection (1), (2) or (3) of this section shall be deemed to increase the limits of liability of any public officer, agent or employee under ORS 30.260 to 30.300, or relieve any claimant of the necessity of compliance with ORS 30.275, nor to affect the liability of the local public body itself or of any other public officer, agent or employee on any claim arising out of the same accident or occurrence.
 (5) The provisions of this section may be superseded to the extent that the claim against the public officer, employee or agent may be defended by any insurer, or may be subject under ORS 30.282 to agreement with the Oregon Department of Administrative Services, in which case the provisions of the policy of insurance or other agreement are applicable. [1975 c.609 §20; 1985 c.565 §3; 1989 c.1004 §1; 2009 c.67 §12]
 Section 30.290 - Settlement of claims by local public body.
 Section 30.295 - Payment of judgment or settlement; remedies for nonpayment; tax levy for payment; installment payments.
 (2) If the public body is authorized to levy taxes that could be used to satisfy a judgment or settlement within the scope of ORS 30.260 to 30.300, and it has, by resolution, declared that the following conditions exist, interest shall accrue on the judgment or settlement, but the same shall not be due and payable until after the canvass and certification of an election upon a special tax levy for purposes of satisfying the judgment or settlement:
 (a) The amount of the judgment or settlement would exceed amounts budgeted for contingencies, tort claims and projected surplus in the current budget;
 (b) The amount of the judgment or settlement would exceed 10 percent of the total of the next fiscal year’s projected revenues that are not restricted as to use, including the maximum amount of general property tax that could be levied without election but excluding any levy for debt service;
 (c) Payment of the judgment or settlement within less than a certain number of years would seriously impair the ability of the public body to carry out its responsibilities as a unit of government; and
 (d) The public body has passed an appropriate ordinance or resolution calling a special election to submit to its electors a special levy in an amount sufficient to satisfy the judgment or settlement.
 (3) A certified copy of the resolution provided for in subsection (2) of this section shall be filed with the clerk of the court in which an order permitting installment payments could be entered.
 (4) If the public body is not authorized to levy taxes as provided in subsection (2) of this section, and it has, by resolution, declared that the applicable conditions specified in subsection (2)(a) to (c) of this section exist, it may petition for an order permitting installment payments as provided in subsection (6) of this section.
 (5)(a) The provisions of subsections (2) and (4) of this section do not apply to the State of Oregon.
 (b) Notwithstanding paragraph (a) of this subsection, if the conditions specified in subsection (4) of this section exist, the Secretary of State may, under Seal of the State of Oregon, attest thereto in lieu of a resolution, and the State of Oregon may thereafter petition for an order permitting installment payments as provided in subsection (6) of this section.
 (6) If the procedure specified in subsections (2) to (5) of this section has been followed, and, with respect to public bodies subject to subsection (2) of this section, the tax levy failed, the public body may petition for an order permitting installment payments. The petition shall be filed in the court in which judgment was entered or, if no judgment has been entered, it shall be filed in the circuit court of the judicial district in which the public body has its legal situs. Petitions by the State of Oregon when no judgment has been entered shall be filed in Marion County Circuit Court.
 (7) The court in which a petition is filed shall order that the judgment or settlement be paid in quarterly, semiannual or annual installments over a period of time not to exceed 10 years. The court shall determine the term of years based upon the ability of the public body to effectively carry out its governmental responsibilities, and shall not allow a longer term than appears reasonably necessary to meet that need. The order permitting installment payments shall provide for annual interest at the judgment rate. [1967 c.627 §9; 1977 c.823 §4; 2005 c.22 §20]
 Section 30.297 - Liability of certain state agencies for damages caused by foster child or youth offender; conditions; exceptions.
 (a) A foster home that has been certified by the department under the provisions of ORS 418.625 to 418.645, even though the child is temporarily absent from that home;
 (b) An approved home that is receiving payment from the department under the provisions of ORS 418.027 or under the provisions of ORS 420.810 and 420.815, even though the child is temporarily absent from that home; or
 (c) A developmental disability child foster home that has been certified by the department under the provisions of ORS 443.830 and 443.835, even though the foster child is temporarily absent from that home.
 (2) Notwithstanding ORS 125.235, the Oregon Youth Authority is liable for damages resulting from the intentional torts of a youth offender who is residing in a youth offender foster home that has been certified by the authority under the provisions of ORS 420.888 to 420.892, even though the youth offender is temporarily absent from that home.
 (3) Except as otherwise provided in this section, the liability of the department and the authority under this section is subject to the same requirements and limitations provided in ORS 30.260 to 30.300, and a claim under this section shall be treated as a claim for damages within the scope of ORS 30.260 to 30.300 for the purposes of ORS 278.120.
 (4) Notwithstanding subsections (1) and (2) of this section:
 (a) The department and the authority are not liable for any damages arising out of the operation of a motor vehicle by a foster child or youth offender; and
 (b) The department and the authority are only liable for theft by a foster child or youth offender upon a showing by clear and convincing evidence that the foster child or youth offender committed the theft.
 (5) For the purposes of this section:
 (a) "Authority" means the Oregon Youth Authority.
 (b) "Department" means the Department of Human Services.
 (c) "Foster child" means:
 (A) A minor child under the custody or guardianship of the department by reason of appointment pursuant to ORS chapter 125, 419A, 419B or 419C;
 (B) A minor child under the physical custody of the department pursuant to a voluntary agreement with the parent under ORS 418.015 (1);
 (C) A minor child placed in a certified foster home, pending hearing, by any person authorized by the department to make that placement;
 (D) A person under 21 years of age who has been placed in an approved home that is receiving payment from the department under the provisions of ORS 418.027 or under the provisions of ORS 420.810 and 420.815; or
 (E) A child residing in a developmental disability child foster home certified under ORS 443.830 and 443.835.
 (d) "Youth offender" has the meaning given in ORS 419A.004. [1991 c.756 §2; 1993 c.33 §370; 1995 c.664 §76; 1997 c.130 §1; 1999 c.316 §6; 2001 c.900 §10; 2003 c.232 §1; 2005 c.374 §4]
 Note: 30.297 and 30.298 were added to and made a part of 30.260 to 30.300 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 30.298 - Liability of certain state agencies to foster parents for injury or damage caused by foster child or youth offender; conditions; limitations.
 (a) A foster home that is maintained by the foster parents and that has been certified by the department under the provisions of ORS 418.625 to 418.645;
 (b) An approved home that is maintained by the foster parents and that is receiving payment from the department under the provisions of ORS 418.027 or under the provisions of ORS 420.810 and 420.815; or
 (c) A developmental disability child foster home that has been certified by the department under the provisions of ORS 443.830 and 443.835.
 (2) Except as otherwise provided in this section, the Oregon Youth Authority is liable, without regard to fault, for injury to the person of foster parents or damage to the property of foster parents caused by a youth offender if the youth offender resides in a youth offender foster home that is maintained by the foster parents and that has been certified by the authority under the provisions of ORS 420.888 to 420.892.
 (3) Except as otherwise provided in this section, the liability of the department and of the authority under this section is subject to the same requirements and limitations provided in ORS 30.260 to 30.300, and a claim under this section shall be treated as a claim for damages within the scope of ORS 30.260 to 30.300 for the purposes of ORS 278.120.
 (4) Notwithstanding ORS 30.260 to 30.300:
 (a) In no event shall the liability of the department or the authority under this section exceed $5,000 for any number of claims arising out of a single occurrence;
 (b) The liability of the department and the authority under this section is limited to economic damages, and in no event shall the department or the authority be liable for noneconomic damages;
 (c) The department and the authority are liable under this section only to the extent the loss is not covered by other insurance; and
 (d) No claim shall be allowed under this section unless written notice of the claim is delivered to the Oregon Department of Administrative Services within 90 days after the alleged loss or injury.
 (5) The department and the authority are not liable under this section for:
 (a) Damage to or destruction of currency, securities or any other intangible property;
 (b) The unexplained disappearance of any property; or
 (c) Loss or damage that is due to wear and tear, inherent vice or gradual deterioration.
 (6) In no event does the liability of the department or the authority under this section for damage to property exceed the difference between the fair market value of the property immediately before its damage or destruction and its fair market value immediately thereafter. The department and the authority are not liable for the costs of any betterments to the property that may be required by code, statute or other law as a condition of repair, replacement or reconstruction.
 (7) The liability imposed under this section is in addition to that imposed for the intentional torts of a foster child or youth offender under ORS 30.297, but any amounts paid under this section shall reduce any recovery that may be made under ORS 30.297.
 (8) For the purposes of this section:
 (a) "Authority" means the Oregon Youth Authority.
 (b) "Department" means the Department of Human Services.
 (c) "Economic damages" and "noneconomic damages" have those meanings given in ORS 31.710.
 (d) "Foster child" has that meaning given in ORS 30.297.
 (e) "Youth offender" has the meaning given in ORS 419A.004. [1991 c.756 §3; 1997 c.130 §2; 1999 c.316 §11; 2001 c.900 §11; 2003 c.232 §2; 2005 c.374 §5]
 Note: See note under 30.297.
 Section 30.300 - ORS 30.260 to 30.300 exclusive.
 Section 30.302 - Certain retired health care providers to be considered agents of public bodies.
 (a) Who holds a degree of Doctor of Medicine, Doctor of Osteopathic Medicine or Doctor of Podiatric Medicine, or who has met the minimum educational requirements for licensure to practice naturopathic medicine or as a physician assistant under ORS 677.505 to 677.525 or a nurse practitioner under ORS 678.375 to 678.390;
 (b) Who has been licensed and is currently retired in accordance with the provisions of ORS chapter 677, 678 or 685;
 (c) Who is registered with the Oregon Medical Board as a retired emeritus physician or who complies with the requirements of the Oregon Medical Board as a retired physician assistant, the Oregon State Board of Nursing as a retired nurse practitioner or the Oregon Board of Naturopathic Medicine as a retired naturopath;
 (d) Who registers with the local health officer of the local public health authority, as defined in ORS 431.003, in which the physician, physician assistant, nurse practitioner or naturopath practices; and
 (e) Who provides medical care as a volunteer without compensation solely through referrals from the local health officer specified in paragraph (d) of this subsection.
 (2) Any retired provider who treats patients pursuant to this section shall be considered to be an agent of a public body for the purposes of ORS 30.260 to 30.300. [1991 c.952 §1; 2009 c.43 §2; 2013 c.129 §2; 2014 c.45 §2; 2015 c.736 §47; 2017 c.409 §1]
 Section 30.310 - Actions and suits by governmental units.
 (1) Upon a contract made with the public corporation.
 (2) Upon a liability prescribed by law in favor of the public corporation.
 (3) To recover a penalty or forfeiture given to the public corporation.
 (4) To recover damages for injury to the corporate rights or property of the public corporation.
 Section 30.312 - Actions by governmental units under federal antitrust laws.
 Section 30.315 - Proceedings by cities and counties to enforce ordinances and resolutions.
 (a) To collect a fee or charge;
 (b) To enforce a forfeiture;
 (c) To require or enjoin the performance of an act affecting real property;
 (d) To enjoin continuance of a violation that has existed for 10 days or more; or
 (e) To enjoin further commission of a violation that otherwise may result in additional violations of the same or related penal provisions affecting the public morals, health or safety.
 (2) The remedies provided by this section are supplementary and in addition to those described in ORS 30.310.
 (3) Nothing in this section shall affect the limitations imposed on cities and counties by ORS 131A.010 (3) and (4). [1961 c.313 §2; 1963 c.338 §1; 1985 c.626 §1; 1989 c.882 §§1,2; 2009 c.78 §53]
 Section 30.320 - Contract and other actions and suits against governmental units.
 Section 30.330 - Contracts of Department of Transportation providing for arbitration.
 Section 30.340 - Title of proceedings by or against county; control of proceedings by county court.
 Section 30.360 - Governmental unit as defendant in actions involving liens on realty.
 (2) In any suit, action or proceeding brought in any circuit court of this state involving the title to real property where a governmental unit has record title to contested real property, the governmental unit may be made a party defendant, and its rights or interests adjudicated.
 (3) In no event shall any money judgment be rendered or recovery made against a governmental unit in any suit, action or proceeding brought under the provisions of this section.
 (4) For the purposes of this section, "governmental unit" means the State of Oregon or any county, incorporated city, school district or other public corporation of like character in this state. [Amended by 1959 c.586 §1; 1993 c.289 §2]
 Section 30.370 - Service of summons on Attorney General; content.
 Section 30.380 - Action by assignee of claim for money illegally charged or exacted.
 Section 30.390 - Satisfaction of judgment against public corporation.
 (1) The party in whose favor the judgment is given may, at any time thereafter, when an execution might issue on a like judgment against a private person, present a certified copy of the judgment document, to the officer of the public corporation who is authorized to draw orders on the treasurer thereof.
 (2) On the presentation of the copy, the officer shall draw an order on the treasurer for the amount of the judgment, in favor of the party for whom the judgment was given. Thereafter, the order shall be presented for payment, and paid, with like effect and in like manner as other orders upon the treasurer of the public corporation.
 (3) The certified copy provided for in subsection (1) of this section shall not be furnished by the clerk, unless at the time an execution might issue on the judgment if the same was against a private person, nor until satisfaction of the judgment in respect to such money or damages is acknowledged as in ordinary cases. The clerk shall provide with the copy a memorandum of such acknowledgment of satisfaction and the entry thereof. Unless the memorandum is provided, no order upon the treasurer shall issue thereon. [Amended by 2003 c.576 §185]
 Section 30.395 - Settlement of certain claims against municipal corporations; manner of payment.
 (2) When a judgment is entered or a settlement is made pursuant to subsection (1) of this section, payment therefor may be made in the same manner as payment for tort claims under ORS 30.295. [1979 c.630 §2; 1987 c.396 §1]
 Section 30.400 - Actions by and against public officers in official capacity.
 Section 30.402
 INJUNCTIONS BY PUBLIC SERVANT
 Section 30.405 - Injunction for criminal conduct related to employment or status of public servant.
 (a) Is directed at the public servant;
 (b) Relates to the public servant’s employment or the public servant’s status as an elected or appointed public servant; and
 (c) Constitutes any of the following crimes:
 (A) Obstructing governmental or judicial administration under ORS 162.235.
 (B) Assault under ORS 163.160, 163.165, 163.175 or 163.185.
 (C) Menacing under ORS 163.190.
 (D) Criminal trespass in the first degree under ORS 164.255.
 (E) Disorderly conduct under ORS 166.025.
 (F) Harassment under ORS 166.065.
 (G) Telephonic harassment under ORS 166.090.
 (2) The petitioner has the burden of proof by a preponderance of the evidence under subsection (1) of this section. An order issued under this section is valid for one year after entry in the register of the court or until vacated by the court, whichever occurs first.
 (3) Contempt proceedings against a person who violates an order issued by a circuit court under subsection (1) of this section shall be as provided in ORS 33.055 or 33.065.
 (4) As used in this section, "public servant" has the meaning given that term in ORS 162.005. [2005 c.158 §1]
 Note: 30.405 and 30.407 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 30 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 30.407 - Request for hearing following issuance of order under ORS 30.405.
 (2) Upon the filing of a request under this section, the clerk of the court shall mail a copy of the request to the petitioner in the matter and shall notify the petitioner and the person filing the request of the date and time set for the hearing. [2005 c.158 §2]
 Note: See note under 30.405.
 Section 30.410 - In whose name action brought.
 Section 30.420 - Venue of action for forfeiture.
 Section 30.430 - Amount of penalty.
 Section 30.440 - Judgment by collusion not a bar.
 Section 30.460 - Payment of fines or costs in proceeding to enforce county ordinance or resolution; defendant personally liable.
 Section 30.475 - Legislative policy.
 (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 daily life activities outside the home, such as shopping or socializing, without transportation and other necessary assistance;
 (2) That public resources are not adequate to provide dependable transportation to persons with disabilities and older persons, and that it is in the best interest of this state to encourage volunteers to provide transportation services to Oregon’s people with disabilities and older people;
 (3) That the threat or fear of personal liability arising from the provision of transportation services to persons with disabilities and older persons seriously discourages individuals from providing services on a volunteer basis;
 (4) That the policy of this state is to encourage volunteers to provide such transportation services; and
 (5) That, therefore, persons who qualify under ORS 30.480 must be protected from the threat of unlimited personal liability arising from the provision of volunteer transportation services, and that ORS 30.475 to 30.485 shall be liberally construed in favor of such persons in order to promote fully the foregoing policies. [1983 c.468 §1; 1989 c.224 §5; 2007 c.70 §9]
 Section 30.480 - Limitation on liability of volunteers; conditions.
 (a) Bodily injury to or death of any one person to whom the transportation services are provided, in any one accident.
 (b) Bodily injury to or death of two or more persons to whom the transportation services are provided, in any one accident.
 (c) Injury to or destruction of the property of one or more persons to whom the transportation services are provided, in any one accident.
 (2) Notwithstanding the amount specified in subsection (1)(b) of this section by reference to ORS 806.070, if a qualified provider of transportation services provides the services to more than five persons, but not more than 16, at one time who have disabilities or who are 55 years of age or older, under the conditions described in subsection (4) of this section, the liability under subsection (1)(b) of this section shall not exceed the greater of the amount of coverage under the terms of the provider’s motor vehicle liability insurance policy or $300,000. The limitations on liability provided by ORS 30.475, 30.480 and 30.485 do not apply when volunteer transportation services are provided to 17 or more persons at one time who have disabilities or who are 55 years of age or older.
 (3) The following persons qualify for the limitation on liability under subsections (1) and (2) of this section:
 (a) The person who provides or sponsors transportation services.
 (b) The owner of the vehicle in which transportation services are provided.
 (c) The person who operates the vehicle in which transportation services are provided.
 (4) The limitation on liability under subsections (1) and (2) of this section applies to a person qualified under subsection (3) of this section only under the following conditions:
 (a) If the person is an individual, the individual must hold a valid Oregon driver’s license.
 (b) The person must provide the transportation services on a nonprofit and voluntary basis. However, this paragraph does not prohibit a sponsor of transportation services from reimbursing an operator of a private motor vehicle providing the services for actual expenses incurred by the operator. If an operator is paid, that operator is qualified only if operating as an emergency operator.
 (c) The person providing the transportation services must not receive from the persons using the services any substantial benefit in a material or business sense that is a substantial motivating factor for the transportation. A contribution or donation to the provider of the transportation services other than the operator of the motor vehicle or any mere gratuity or social amenity shall not be a substantial benefit under this paragraph.
 (d) Except as provided in paragraph (c) of this subsection, the transportation services must be provided without charge to the person using the services.
 (5) The amounts received by a person with a disability or a person 55 years of age or older under the personal injury protection provisions of the insurance coverage of a person who qualifies for the limitation on liability under this section shall not reduce the amount that the person may recover under subsection (1) or (2) of this section.
 (6) The liability of two or more persons whose liability is limited under this section, on claims arising out of a single accident, shall not exceed in the aggregate the amounts limited by subsection (1) or (2) of this section.
 (7) This section does not apply in the case of an accident or injury if the accident or injury was intentional on the part of any person who provided the transportation services or if the accident or injury was caused by the person’s gross negligence or intoxication. For purposes of this subsection, gross negligence is negligence which is materially greater than the mere absence of reasonable care under the circumstances, and which is characterized by conscious indifference to or reckless disregard of the rights of others.
 (8) For purposes of this section, a person has a disability if the person has a physical or mental disability that for the person constitutes or results in a functional limitation to one or more of the following activities: Self-care, ambulation, communication, transportation, education, socialization or employment. [1983 c.468 §2; 1985 c.16 §443; 1987 c.915 §7; 1989 c.224 §6; 2007 c.70 §10]
 Section 30.485 - Apportionment of damages; insurance issues excluded from jury consideration.
 (2) If the amount settled upon by multiple claimants exceeds the total amount limited under ORS 30.480 (1) or (2), any party may apply to any circuit court to apportion a proper share of that total amount to each claimant to whom ORS 30.480 (1) or (2) applies.
 (3) The share apportioned under subsection (1) or (2) of this section to each claimant to whom ORS 30.480 (1) or (2) applies shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the occurrence that are made by all claimants to whom ORS 30.480 (1) or (2) applies.
 (4) Nothing in this section or ORS 30.480 authorizes the issues of insurance coverage or the amount of insurance coverage to be presented to a jury. [1983 c.468 §3]
 Section 30.490 - Definitions for 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 defined in ORS 469.300;
 (d) Uranium mine overburden or uranium mill tailings, mill wastes or mill by-product materials;
 (e) Radioactive substance as defined in ORS 453.005;
 (f) Any substance designated by the United States Department of Transportation as hazardous pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. 5101 et seq., P.L. 93-633, as amended; and
 (g) Any substance that the Environmental Protection Agency designates as hazardous pursuant to:
 (A) The federal Toxic Substances Control Act, 15 U.S.C. 2601 to 2671; or
 (B) The federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 to 6992, P.L. 94-580, as amended.
 (3) "Person" means an individual, corporation, association, firm, partnership, joint stock company or state or local government agency. [1985 c.376 §1; 1991 c.480 §9; 2005 c.22 §22]
 Section 30.492 - Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material.
 (a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material; or
 (b) Preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous material.
 (2) Except as provided in ORS 30.495 and 30.497, no state or local agency may assess a civil or criminal penalty 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 hazardous material; or
 (b) Preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous material. [1985 c.376 §2]
 Section 30.495 - Exceptions to limitation.
 (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 the person’s service in rendering such assistance or advice. [1985 c.376 §3]
 Section 30.497 - When limitation on liability not applicable.
 Section 30.500 - Definitions for ORS 30.500 and 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]
 Section 30.505 - Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws; exceptions.
 (2) The immunity provided in subsection (1) of this section shall not apply to:
 (a) Any person whose act or omission caused in whole or in part the occurrence resulting in the damages for which the action is brought and who would otherwise be liable for the damages.
 (b) Any person who receives compensation other than reimbursement for expenses for the person’s service in providing such assistance, training or advice.
 (c) The liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton or intentional misconduct.
 (d) Any activity for which a person is otherwise strictly liable without regard to fault. [1987 c.332 §2]
 Section 30.510 - Action for usurpation of office or franchise, forfeiture of office or failure to incorporate.
 (1) When any person usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this state, or any office in a corporation either public or private, created or formed by or under the authority of this state; or,
 (2) When any public officer, civil or military, does or suffers an act which, by the provisions of law, makes a forfeiture of the office of the public officer; or,
 (3) When any association or number of persons acts within this state, as a corporation, without being duly incorporated.
 Section 30.520 - Joinder of defendants.
 Section 30.530 - Determining right of person claiming an office or franchise.
 Section 30.540 - Rights of person adjudged entitled to office or franchise.
 Section 30.550 - Action for damages.
 Section 30.560 - Judgment against usurper; imposition of fine.
 Section 30.570 - Action to annul corporate existence on direction of Governor.
 Section 30.580 - Action to annul corporate existence on leave of court.
 (1) Offend against any of the provisions of an Act creating, renewing, or modifying such corporation, or the provisions of any general law under which it became incorporated;
 (2) Violate the provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;
 (3) Whenever it has forfeited its privileges or franchises, by failure to exercise its powers;
 (4) Whenever it has done or omitted any act, which amounts to a surrender of its corporate rights, privileges and franchises; or,
 (5) Whenever it exercises a franchise or privilege not conferred upon it by law.
 Section 30.590 - Judgment against corporation.
 Section 30.600 - Action to annul letters patent.
 (1) When the letters patent were issued by means of some fraudulent suggestion or concealment of a material fact by the person to whom the letters were issued, or with the knowledge and consent of the person;
 (2) When the letters patent were issued through mistake or in ignorance of a material fact; or
 (3) When the patentee, or those claiming under the patentee, have done or omitted an act, in violation of the terms and conditions on which the letters patent were issued, or have by any other means forfeited the interest acquired under the letters. [Amended by 2001 c.104 §8]
 Section 30.610 - Prosecutor; verification of pleadings; affidavit for leave of court; relator as coplaintiff.
 Section 30.620 - Duty of district attorney.
 Section 30.630 - Filing copy of judgment with Secretary of State.
 Section 30.640 - Enforcement of judgment.
 Section 30.642 - Definitions for 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 agent of a public body. "Action against a public body" does not mean petitions for writs of habeas corpus, petitions for writs of mandamus and petitions for post-conviction relief under ORS 138.510 to 138.680.
 (2) "Correctional facility" means a Department of Corrections institution or a jail.
 (3) "Inmate" means a person incarcerated or detained in a correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or a diversion program. [1999 c.657 §1; 2011 c.262 §3]
 Section 30.643 - Waiver or deferral of fees and costs in action against public body by inmate.
 (2) Any inmate seeking waiver or deferral of fees or court costs must submit with the application for waiver or deferral a certified copy of the inmate’s trust account statement for the six-month period immediately preceding the filing of the complaint, petition, notice of appeal or petition for review. The statement must be certified as correct by an official of each correctional facility in which the inmate was confined within the six-month period or by an employee of the Department of Corrections charged with the responsibility of overseeing inmate trust accounts.
 (3) Upon the filing of a statement under subsection (2) of this section, the court shall review the information in the statement relating to deposits in the inmate’s trust account and any other resources available to the inmate. The court may only waive the inmate’s fees and court costs if the court determines that the inmate has no funds and will not have funds.
 (4) If the court makes a determination that an inmate has or will have funds to pay fees and court costs, the court shall require full payment of the filing fees and court costs, or, if funds are not immediately available in the inmate’s trust account, shall assess and collect filing fees and court costs as funds become available in the inmate’s trust account.
 (5) On its own motion or on the motion of the public body, the court may review the pleadings of the inmate in an action against a public body at the time a request for waiver or deferral of filing fees or court costs is made. If the court finds that the pleadings fail to state a claim for which relief may be granted, the court may decline to waive or defer filing fees or court costs. The court shall enter a denial of waiver or deferral of fees and costs under this subsection as a limited judgment. Notwithstanding the time established by statute for the commencement of an action, if a limited judgment is entered under this subsection within 30 days of the expiration of the time allowed for commencing the action, the inmate may commence the action not later than 45 days after the judgment is entered. Only one extension of the time allowed for commencing an action may be granted by the court under this section.
 (6) Nothing in this section shall be construed as preventing an inmate from bringing an action against a public body because the inmate has no assets or means by which to pay the initial partial filing fee as provided under this section. [1999 c.657 §2; 2005 c.530 §1; 2007 c.493 §11]
 Section 30.645 - Waiver or deferral of fees after three dismissals of action.
 (a) Was frivolous or malicious;
 (b) Failed to state a claim upon which relief could be granted; or
 (c) Sought monetary relief from a defendant who is immune from a claim for monetary relief.
 (2) The court may waive or defer fees or court costs of an inmate who would not otherwise be eligible for waiver or deferral under subsection (1) of this section if the inmate establishes in the application for waiver or deferral that the inmate is in imminent danger of serious physical injury and the action against a public body is needed to seek relief from that danger. [1999 c.657 §3; 2007 c.493 §12]
 Section 30.646 - Payment of costs under judgment against inmate.
 (2) Payment for costs under this section shall be made by deductions from the income credited to the inmate’s trust account. [1999 c.657 §4]
 Section 30.647 - Dismissal of inmate action during proceedings.
 (2) If an inmate’s fees or court costs have been waived or deferred under ORS 30.643, a court shall dismiss the case if at any time the court determines that each claim in the action, petition or appeal:
 (a) Is frivolous or malicious;
 (b) Fails to state a claim upon which relief may be granted, and the court denies leave to amend; or
 (c) Seeks monetary relief against a defendant who is immune from a claim for monetary relief.
 (3) Upon appeal of any dismissal under this section, the Court of Appeals on its own motion, or on the motion of the respondent, may summarily affirm the judgment of the trial court, with or without submission of briefs and without oral argument, if the Court of Appeals determines that the appeal does not present a substantial question of law. Notwithstanding ORS 2.570, the Chief Judge of the Court of Appeals may deny a respondent’s motion for summary affirmance under this subsection or may grant the motion if the petitioner does not oppose the motion. A dismissal of an appeal under this subsection constitutes a decision on the merits of the case. [1999 c.657 §5; 2007 c.493 §13]
 Section 30.648 - Small claims actions by inmates against public bodies.
 (b) Notice and claim served under paragraph (a) of this subsection must be served in the manner provided in ORS 46.445 except that the statement required under ORS 46.445 (4) must read "30 DAYS" instead of "14 DAYS."
 (2) The public body or Attorney General served under subsection (1) of this section must take action as required under ORS 46.455 except that the public body or Attorney General must admit or deny the claim within 30 days after the date of service.
 (3) Notwithstanding ORS 46.405, in an action against a public body brought under this section, the court shall transfer the action to the regular department of the circuit court upon request of the public body or, if the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, upon request of the public body or the Attorney General.
 (4) Notwithstanding ORS 46.415, in an action against a public body brought under this section, if the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, an attorney or paralegal employed by the Department of Justice may appear and represent the public body.
 (5)(a) Notwithstanding ORS 46.475, in an action against a public body brought under this section, notice of intent to apply for an order of default, in the form prescribed by Uniform Trial Court Rule 2.010, must be filed and served on the public body against which an order of default is sought at least 10 days before a court may enter an order of default. If the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, notice must also be served on the Attorney General.
 (b) The court may not enter a default judgment in favor of the inmate unless the inmate submits to the court proof of service by affidavit of the notice and claim required under subsection (1) of this section and the notice of intent to apply for an order of default required under paragraph (a) of this subsection. [2011 c.262 §2]
 Section 30.650 - Award of noneconomic damages in inmate action.
 Section 30.670
 Section 30.671 - Definitions for 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, ranching and historical, cultural or harvest-your-own activities or natural activities and attractions. An activity is an agri-tourism activity whether or not the participant paid to participate in the activity.
 (2) "Agri-tourism professional" means a person who is engaged in the business of providing one or more agri-tourism activities, whether or not for compensation.
 (3) "Farm or ranch" means an area of land used for the production, cultivation, growing, harvesting or processing of agricultural products.
 (4) "Inherent risks of agri-tourism activity" means those dangers or conditions that are an integral part of an agri-tourism activity, including:
 (a) Surface and subsurface conditions;
 (b) Natural conditions of land, vegetation and waters;
 (c) The behavior of wild or domestic animals;
 (d) Ordinary dangers of structures or equipment ordinarily used in farming and ranching operations; and
 (e) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agri-tourism professional or failing to exercise reasonable caution while engaging in the agri-tourism activity.
 (5) "Participant" means an individual other than an agri-tourism professional who engages in an agri-tourism activity. [2015 c.535 §1]
 Section 30.673 - Limitations on liability of agri-tourism professional; exceptions.
 (2) Subsection (1) of this section does not limit the liability of an agri-tourism professional if the agri-tourism professional:
 (a) Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission is a cause of injury to the participant;
 (b) Intentionally injures the participant;
 (c) Provides equipment to the participant and fails to make reasonable inspection of the equipment, and that failure is a cause of the injury to the participant;
 (d) Fails to make reasonable inspection of the property on which the agri-tourism activity occurs, and that failure is a cause of the injury to the participant;
 (e) Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity, or of the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the participant, and the danger causes injury, damage or death to the participant; or
 (f) Fails to obtain necessary authorization for the agri-tourism activity under ORS 215.213 or 215.283.
 (3) Subsection (1) of this section does not limit the liability of an agri-tourism professional under the product liability provisions of ORS 30.900 to 30.920. [2015 c.535 §2]
 Section 30.675
 Section 30.677 - Notice.
 (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 letters at least one inch in height; and
 (c) In every written contract entered into between the agri-tourism professional and a participant.
 (2) The notice required by subsection (1) of this section must read as follows:
 ______________________________________________________________________________
 WARNING
 Under Oregon law, there is no liability for an injury to or the death of a participant in an agri-tourism activity conducted at this agri-tourism location if the injury or death results from the inherent risks of the agri-tourism activity. Inherent risks of agri-tourism activities are risks of injury inherent to land, equipment and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agri-tourism activity.
 ______________________________________________________________________________ [2015 c.535 §3]
 Section 30.685
 ACTIONS ARISING OUT OF
 Section 30.687 - Definitions for 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, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games and hunting;
 (b) Equine training, grooming, breeding and teaching activities;
 (c) Boarding equines;
 (d) Riding, inspecting or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine; and
 (e) Rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.
 (3) "Equine activity sponsor" means an individual, group or club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, that sponsors, organizes or provides the facilities for an equine activity, including but not limited to pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes and programs, therapeutic riding programs and operators, instructors, and promoters of equine facilities, including but not limited to stables, clubhouses, pony ride strings, fairs and arenas at which the activity is held.
 (4) "Equine professional" means a person engaged for compensation:
 (a) In instructing a participant or renting to a participant an equine for the purpose of riding, training, driving, grooming or being a passenger upon the equine; or
 (b) In renting equipment or tack to a participant.
 (5) "Participant" means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity. "Participant" does not include a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive, groom or ride as a passenger upon an equine. [1991 c.864 §2; 1995 c.211 §2]
 Section 30.689 - Policy.
 (2) It is the policy of the State of Oregon that no person shall be liable for damages sustained by another solely as a result of risks inherent in equine activity, insofar as those risks are, or should be, reasonably obvious, expected or necessary to the person injured.
 (3) It is the policy of the State of Oregon that persons responsible for equines, or responsible for the safety of those persons engaged in equine activities, who are negligent and cause foreseeable injury to a person engaged in those activities, bear responsibility for that injury in accordance with other applicable law. [1991 c.864 §1]
 Section 30.691 - Limitations on liability; exceptions.
 (2)(a) The provisions of ORS 30.687 to 30.697 do not apply to any injury or death arising out of a race as defined in ORS 462.010.
 (b) Nothing in subsection (1) of this section shall limit the liability of an equine activity sponsor or an equine professional:
 (A) If the equine activity sponsor or the equine professional commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission caused the injury;
 (B) If the equine activity sponsor or the equine professional intentionally injures the participant;
 (C) Under the products liability provisions of ORS 30.900 to 30.920; or
 (D) Under ORS 30.820 or 608.015. [1991 c.864 §3]
 Section 30.693 - Additional exceptions to limitations on liability; effect of written release.
 (a) Provided the equipment or tack, failed to make reasonable and prudent inspection of the equipment or tack, and that failure was a cause of the injury to the participant;
 (b) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to safely ride, train, drive, groom or ride as a passenger upon an equine, to determine the ability of the equine to behave safely with the participant and to determine the ability of the participant to safely manage the particular equine; or
 (c) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to or should have been known to the equine activity sponsor or the equine professional and for which warning signs have not been conspicuously posted.
 (2) The limitations on liability provided in ORS 30.691 shall apply to an adult participant in the circumstances listed in subsection (1)(b) of this section if the participant, prior to riding, training, driving, grooming or riding as a passenger upon an equine, knowingly executes a release stating that as a condition of participation, the participant waives the right to bring an action against the equine professional or equine activity sponsor for any injury or death arising out of riding, training, driving, grooming or riding as a passenger upon the equine. A release so executed shall be binding upon the adult participant, and no equine professional or equine activity sponsor shall be liable in the circumstances described in subsection (1)(b) of this section except as provided in ORS 30.691 (2). [1991 c.864 §4]
 Section 30.695 - Effect of written release on liability of veterinarian or farrier.
 (2) A release executed pursuant to this section shall not limit the liability of a veterinarian or farrier for gross negligence or intentional misconduct. [1991 c.864 §5]
 Section 30.697 - Effect on workers’ compensation benefits.
 Section 30.698
 Section 30.701 - Actions against maker of dishonored check; statutory damages and attorney fees; handling fee.
 (2) Statutory damages and attorney fees under subsection (1) of this section may be awarded only if the payee made written demand of the maker of the check not less than 30 days before commencing the action and the maker failed to tender to the payee before the commencement of the action an amount of money not less than the amount for which the check was drawn, all interest that has accrued on the check under ORS 82.010 as of the date of demand and any charges imposed under subsection (5) of this section.
 (3) Statutory damages under subsection (1) of this section shall not be awarded by the court if after the commencement of the action but before trial the defendant tenders to the plaintiff an amount of money equal to the amount for which the check was drawn, all interest that has accrued on the check under ORS 82.010 as of the date of payment, any charges imposed under subsection (5) of this section, costs and disbursements and the plaintiff’s reasonable attorney fees incurred as of the date of the tender.
 (4) If the court or jury determines that the failure of the defendant to satisfy the dishonored check at the time demand was made under subsection (2) of this section was due to economic hardship, the court or jury has the discretion to waive all or part of the statutory damages provided for in subsection (1) of this section. If all or part of the statutory damages are waived under this subsection, judgment shall be entered in favor of the plaintiff for the amount of the dishonored check, all interest that has accrued on the check under ORS 82.010, any charges imposed under subsection (5) of this section, the plaintiff’s reasonable attorney fees and costs and disbursements.
 (5) If a check is dishonored, the payee may collect from the maker a fee not to exceed $35. Any award of statutory damages under subsection (1) of this section must be reduced by the amount of any charges imposed under this subsection that have been paid by the maker or that are entered as part of the judgment.
 (6) The provisions of this section apply only to a check that has been dishonored because of a lack of funds or credit to pay the check, because the maker has no account with the drawee or because the maker has stopped payment on the check without good cause. A plaintiff is entitled to the remedies provided by this section without regard to the reasons given by the drawee for dishonoring the check.
 (7) For the purposes of this section:
 (a) "Check" means a check, draft or order for the payment of money.
 (b) "Drawee" has that meaning given in ORS 73.0103.
 (c) "Payee" means a payee, holder or assignee of a check. [1997 c.182 §2 (enacted in lieu of 30.700); 1999 c.707 §1; 2011 c.449 §1]
 Section 30.715 - Successive actions or suits.
 Section 30.740 - Right of gambling loser to recover double losses.
 Section 30.750 - Liability of abstractors.
 Section 30.760
 Section 30.765 - Liability of parents for tort by child; effect on foster parents.
 (2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $7,500, payable to the same claimant, for one or more acts.
 (3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.
 (4) Nothing in subsections (1) to (3) of this section applies to foster parents. [1975 c.712 §§1,4; 1977 c.419 §1; 1991 c.968 §5]
 Section 30.772 - Liability of landowner arising out of aviation activity; exceptions.
 (a) "Airstrip" means land that contains a runway or heliport operated and maintained for the takeoff and landing of motorized aircraft and that is registered with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.
 (b) "Aviation activity" includes but is not limited to hang gliding, parachuting, paragliding and operating airplanes or ultralight aircraft.
 (c) "Charge" has the meaning given that term in ORS 105.672.
 (d) "Land" has the meaning given that term in ORS 105.672.
 (e) "Nonpublic airstrip" means an airstrip that is registered as a private use airport with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.
 (f) "Owner" has the meaning given that term in ORS 105.672.
 (g) "Public airstrip" means an airstrip that is not a nonpublic airstrip.
 (2) An owner of land is not liable for any personal injury, death or property damage arising from the use of land for purposes of aviation activity, unless the owner intentionally causes the injury, death or property damage.
 (3) Subsection (2) of this section does not apply to any of the following:
 (a) An owner of a public airstrip.
 (b) An owner of a nonpublic airstrip if:
 (A) The owner is contacted by the operator of a motorized aircraft prior to the beginning of the aircraft’s flight;
 (B) The owner provides permission to the operator to use the owner’s land for activities related to the aircraft’s flight; and
 (C) Gross negligence of the owner causes injury, death or property damage related to the aircraft’s flight.
 (c) An owner of land who imposes a charge for the use of the land for aviation purposes. [2015 c.308 §1]
 Section 30.774 - Indemnification of property owner that allows nonprofit organization or educational provider to use property.
 (2) A property owner that enters into a contract to allow a nonprofit organization or an educational provider to use the property owner’s property or facilities may not require in any separate agreement any individual to indemnify the property owner for damages not caused by the individual while the nonprofit organization or educational provider and the individual use the property or facilities.
 (3) This section does not prohibit a property owner from requiring a nonprofit organization or educational provider to indemnify the property owner for damages caused by the organization’s or provider’s use of the property or facilities. [2015 c.749 §1]
 Section 30.780 - Liability for damages caused by gambling.
 Section 30.785 - Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards.
 (2) As used in this section, "construction design professional" means an architect, registered landscape architect, professional engineer or professional land surveyor. [1987 c.915 §12]
 Section 30.788 - Liability of architect, engineer, inspector or building evaluator for emergency relief services.
 (2) An action for damages arising out of the practice of engineering, as described in ORS 672.007, may not be maintained by any person against an engineer for structural engineering services rendered by the engineer under the provisions of this section.
 (3) An action for damages arising out of the provision of building code inspections, plan reviews or post-disaster building evaluations may not be maintained by any person against a certified inspector or certified building evaluator if the inspector or building evaluator is providing building code inspections, plan reviews or post-disaster building evaluations under the provisions of this section and the inspector or building evaluator is operating within the scope of the certification.
 (4) The immunity provided by this section applies only to services that meet all of the following requirements:
 (a) The services are rendered without compensation.
 (b) The services are rendered within 60 days after the Governor declares a state of emergency under the provisions of ORS 401.165.
 (c) The services are rendered to assist in relief efforts arising out of the emergency giving rise to the declaration of emergency.
 (5) This section does not affect the liability of any architect, engineer, inspector or building evaluator for gross negligence or intentional torts.
 (6) The immunity provided by this section applies only to:
 (a) Inspectors certified under ORS 455.715 to 455.740;
 (b) Building evaluators certified for post-disaster building evaluation by the Department of Consumer and Business Services;
 (c) Architects who are registered under ORS 671.010 to 671.220;
 (d) Engineers who are registered under ORS 672.002 to 672.325; and
 (e) Architects and engineers who are licensed or registered under the laws of another state. [1995 c.616 §1; 2009 c.259 §19; 2013 c.196 §15]
 Section 30.792 - Liability of health care provider or health clinic for volunteer services to charitable organization.
 (a)(A) "Charitable organization" means a charitable organization, as defined in ORS 128.620, that:
 (i) Spends at least 65 percent of its revenues on charitable programs; and
 (ii) Has a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization.
 (B) "Charitable organization" does not include hospitals, intermediate care facilities or long term care facilities, as those terms are defined in ORS 442.015.
 (b) "Health care provider" means an individual licensed in this state as a practitioner of one or more healing arts as described in ORS 31.740.
 (c) "Health clinic" means a public health clinic or a health clinic operated by a charitable organization that provides primarily primary physical health, dental or mental health services to low-income patients without charge or using a sliding fee scale based on the income of the patient.
 (2) Except as provided in subsection (3) of this section, a person may not maintain an action for damages against:
 (a) A health care provider who voluntarily provides assistance, services or advice through a charitable organization if:
 (A) The assistance, services or advice that caused the damages are within the scope of the license of the health care provider; and
 (B) The health care provider was acting within the course and scope of the provider’s volunteer duties when the damages occurred; or
 (b) A health clinic for the assistance, services or advice provided by a health care provider described in paragraph (a) of this subsection.
 (3) The immunity provided in this section does not apply to:
 (a) Any person who receives compensation other than reimbursement for expenses incurred by the person providing the assistance, services or advice described in subsection (2) of this section.
 (b) A person operating a motor vehicle, vessel, aircraft or other vehicle for which the person or owner of the vehicle, vessel, aircraft or other vehicle is required to possess an operator’s license or to maintain insurance.
 (c) The liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton or intentional misconduct.
 (d) Any activity for which a person is otherwise strictly liable without regard to fault. [1995 c.616 §2; 2005 c.362 §2; 2012 c.41 §1]
 Section 30.794 - Liability of physician or hospital arising out of care provided by direct entry midwife.
 (a) "Direct entry midwife" means a person practicing direct entry midwifery as defined in ORS 687.405.
 (b) "Hospital" has the meaning given that term in ORS 442.015.
 (2) A person may not bring a cause of action against a physician licensed under ORS chapter 677 or against a hospital for injury to a patient if:
 (a) The injury occurred as a result of care provided by a direct entry midwife in a setting outside the hospital; and
 (b) The direct entry midwife requested that the patient be transported to the hospital because the direct entry midwife could not provide appropriate care to the patient.
 (3) This section does not apply to the extent the physician or hospital contributed to the injury or to a claim of vicarious liability for care provided by a direct entry midwife.
 (4) This section does not limit the liability of a physician or a hospital for gross negligence or reckless, wanton or intentional misconduct. [2011 c.650 §3]
 Section 30.800 - Liability for emergency medical assistance.
 (a) Medical or dental care not provided in a place where emergency medical or dental care is regularly available, including but not limited to a hospital, industrial first-aid station or the office of a physician, naturopathic physician, physician assistant or dentist, given voluntarily and without the expectation of compensation to an injured person who is in need of immediate medical or dental care and under emergency circumstances that suggest that the giving of assistance is the only alternative to death or serious physical aftereffects; or
 (b) Medical care provided voluntarily in good faith and without expectation of compensation by a physician licensed under ORS chapter 677, a physician assistant licensed under ORS 677.505 to 677.525, a nurse practitioner licensed under ORS 678.375 to 678.390 or a naturopathic physician licensed under ORS chapter 685 and in the person’s professional capacity as a provider of health care for an athletic team at a public or private school or college athletic event or as a volunteer provider of health care at other athletic events.
 (2) No person may maintain an action for damages for injury, death or loss that results from acts or omissions of a person while rendering emergency medical assistance unless it is alleged and proved by the complaining party that the person was grossly negligent in rendering the emergency medical assistance.
 (3) The giving of emergency medical assistance by a person does not, of itself, establish a professional relationship between the person giving the assistance and the person receiving the assistance insofar as the relationship carries with it any duty to provide or arrange for further medical care for the injured person after the giving of emergency medical assistance. [1967 c.266 §§1,2; 1973 c.635 §1; 1979 c.576 §1; 1979 c.731 §1; 1983 c.771 §1; 1983 c.779 §1; 1985 c.428 §1; 1989 c.782 §35; 1997 c.242 §1; 1997 c.751 §11; 2013 c.688 §8; 2014 c.45 §3; 2017 c.356 §2]
 Section 30.802 - Liability for use of automated external defibrillator.
 (a) "Automated external defibrillator" means an automated external defibrillator approved for sale by the federal Food and Drug Administration.
 (b) "Public setting" means a location that is:
 (A) Accessible to members of the general public, employees, visitors and guests, but that is not a private residence;
 (B) A public school facility as defined in ORS 327.365;
 (C) A health club as defined in ORS 431A.450; or
 (D) A place of public assembly as defined in ORS 431A.455.
 (2) A person may not bring a cause of action against another person for damages for injury, death or loss that result from acts or omissions involving the use, attempted use or nonuse of an automated external defibrillator when the other person:
 (a) Used or attempted to use an automated external defibrillator;
 (b) Was present when an automated external defibrillator was used or should have been used;
 (c) Provided training in the use of an automated external defibrillator;
 (d) Is a physician, physician assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390 or a naturopathic physician licensed under ORS chapter 685 and provided services related to the placement or use of an automated external defibrillator; or
 (e) Possesses or controls one or more automated external defibrillators placed in a public setting.
 (3) The immunity provided by this section does not apply if:
 (a) The person against whom the action is brought acted with gross negligence or with reckless, wanton or intentional misconduct; or
 (b) The use, attempted use or nonuse of an automated external defibrillator occurred at a location where emergency medical care is regularly available.
 (4) Nothing in this section affects the liability of a manufacturer, designer, developer, distributor or supplier of an automated external defibrillator, or an accessory for an automated external defibrillator, under the provisions of ORS 30.900 to 30.920 or any other applicable state or federal law. [2005 c.551 §1; 2010 c.27 §3; 2014 c.45 §4; 2017 c.356 §3]
 Section 30.803 - Liability of licensed emergency medical services provider acting as volunteer.
 Section 30.805 - Liability for emergency medical assistance by government personnel.
 (a) The staff person of a governmental agency or other entity if the staff person and the agency or entity are authorized within the scope of their official duties or licenses to provide emergency medical care; or
 (b) A governmental agency or other entity that employs, trains, supervises or sponsors the staff person.
 (2) As used in this section, "emergency medical care" means medical care to an injured or ill person who is in need of immediate medical care:
 (a) Under emergency circumstances that suggest that the giving of assistance is the only alternative to serious physical aftereffects or death;
 (b) In a place where emergency medical care is not regularly available;
 (c) In the absence of a personal refusal of such medical care by the injured or ill person or the responsible relative of such person; and
 (d) Which may include medical care provided through means of radio or telecommunication by a medically trained person, who practices in a hospital as defined in ORS 442.015 and licensed under ORS 441.015 to 441.087, and who is not at the location of the injured or ill person. [1979 c.782 §8; 1981 c.693 §27; 1985 c.747 §48]
 Section 30.807 - Liability for emergency transportation assistance.
 (2) As used in this section, "emergency transportation assistance" means transportation provided to an injured or ill person who is in need of immediate medical care:
 (a) Under emergency circumstances that suggest that the giving of assistance is the only alternative to serious physical aftereffect or death;
 (b) From a place where emergency medical care is not regularly available;
 (c) In the absence of a personal refusal of such assistance by the injured or ill person or the responsible relative of the person; and
 (d) Which may include directions on the transportation provided through means of radio or telecommunications by a medically trained person who practices in a hospital, as defined in ORS 442.015 and who is not at the location of the injured or ill person. [1987 c.915 §10; 1997 c.242 §2]
 Section 30.809 - Liability of fraternal organization that provides used eyeglasses or hearing aids.
 (a) The person is at least 14 years of age; and
 (b) The eyeglasses or hearing aids are provided to the person without charge.
 (2) The immunity provided by subsection (1) of this section applies to eyeglasses only if the eyeglasses are provided by a licensed optometrist or ophthalmologist who has:
 (a) Personally examined the person who will receive the eyeglasses and issued a prescription for the eyeglasses; or
 (b) Personally consulted with the licensed optometrist or ophthalmologist who issued the prescription for the eyeglasses. [2011 c.59 §1]
 Section 30.810
 Section 30.811 - Liability of person providing outreach services to homeless individual or individual at risk of becoming homeless individual.
 (a) "Homeless individual" has the meaning given that term in 42 U.S.C. 11302, as in effect on March 16, 2012.
 (b) "Outreach services" includes, but is not limited to:
 (A) Case management services such as assessment and referral for alcohol or other drug-related services and for housing, financial, educational and related services; and
 (B) Medical or dental services provided by a health practitioner who complies with ORS 676.340 and 676.345.
 (2) Except as provided in subsection (3) of this section, a person providing outreach services to homeless individuals or individuals at risk of becoming homeless individuals is immune from civil liability for all acts or omissions in providing the care if:
 (a) The person has registered as a volunteer with a nonprofit corporation organized under the laws of this state that has as one of its principal missions the provision of services to homeless individuals or individuals at risk of becoming homeless individuals; and
 (b) The services are provided without compensation from the nonprofit corporation, the individual to whom services are rendered or any other person.
 (3) This section does not apply to intentional torts or to acts or omissions that constitute gross negligence. [2012 c.41 §2]
 Section 30.813 - Liability of person who enters motor vehicle to remove unattended child or domestic animal; exceptions.
 (2) A person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal left unattended in the motor vehicle is not subject to criminal or civil liability if the person:
 (a) Before entering the motor vehicle, determines that the motor vehicle is locked or there is no reasonable method for the child or animal to exit the motor vehicle without assistance;
 (b) Has a good faith and reasonable belief, based upon the circumstances, that entry into the motor vehicle is necessary because the child or animal is in imminent danger of suffering harm;
 (c) Before or as soon as is reasonably practicable after entering the motor vehicle, notifies law enforcement or emergency services;
 (d) Uses no more force than is necessary to enter the motor vehicle and remove the child or animal; and
 (e) Remains with the child or animal in a safe location, in reasonable proximity to the motor vehicle, until law enforcement, emergency services or the owner or operator of the motor vehicle arrives.
 (3) This section does not limit the liability of a person for gross negligence or for reckless, wanton or intentional misconduct.
 (4) This section does not limit the liability of a peace officer as defined in ORS 161.015. [2017 c.424 §1]
 Section 30.815 - Liability of seller or lessor of law enforcement dog.
 (2) A seller or lessor of a law enforcement dog is not liable under ORS 30.920 for physical harm or damage to property caused by the law enforcement dog if the law enforcement agency to which the dog was sold or leased has begun or completed training the dog using a training program approved by the law enforcement agency or an accredited and recognized animal handling organization. [2017 c.258 §1]
 Section 30.820 - Action against seller of drugged horse; attorney fees.
 Section 30.822 - Action for theft of or injury to search and rescue animal or therapy animal; attorney fees.
 (2) If the theft of or unprovoked attack on a search and rescue animal or therapy animal described in subsection (1) of this section results in the death of the animal or the animal is not returned or if injuries sustained in the theft or attack prevent the animal from returning to service as a search and rescue animal or therapy animal, the measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained animal, without any differentiation for the age or the experience of the animal.
 (3) If the theft of or unprovoked attack on a search and rescue animal or therapy animal described in subsection (1) of this section results in injuries from which the animal recovers and returns to service, or if the animal is stolen and is recovered and returns to service, the measure of economic damages shall include, but need not be limited to, the costs of temporary replacement services, veterinary medical expenses and any other costs and expenses incurred by the owner as a result of the theft of or injury to the animal.
 (4) No cause of action arises under this section if the owner or the person having custody or supervision of the search and rescue animal or therapy animal was committing a criminal or civil trespass at the time of the attack on the animal.
 (5) The court may award reasonable attorney fees to the prevailing party in an action under this section. [1993 c.312 §4; 1995 c.618 §26]
 Section 30.825 - Action for unlawful tree spiking; attorney fees.
 Section 30.840
 Section 30.850
 Section 30.860 - Action for trade discrimination; treble damages; attorney fees.
 (2) Any person directly injured in business or property by a violation of subsection (1) of this section may sue whoever knowingly practices, or conspires to practice, activities prohibited by subsection (1) of this section, and shall recover threefold the damages sustained. The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court. [1977 c.395 §§1,2; 1981 c.897 §9; 1995 c.618 §28; 2007 c.100 §15]
 Section 30.862 - Action for public investment fraud; attorney fees.
 (2) The application of one civil remedy under any provision of ORS 30.862 and 162.117 to 162.121 shall not preclude the application of any other remedy, civil or criminal, under ORS 30.862 and 162.117 to 162.121 or under any other provision of law. Civil remedies under ORS 30.862 and 162.117 to 162.121 are supplemental and not mutually exclusive. [1993 c.768 §4; 1995 c.618 §29]
 Section 30.863 - Action for impersonation; attorney fees.
 (2) In an action brought under subsection (1) of this section, the court may award the prevailing party costs and reasonable attorney fees. [2016 c.22 §2]
 Section 30.864 - Action for disclosure of certain education records; limitation of action; attorney fees.
 (2) The action authorized by this section shall be filed within two years of the alleged unlawful disclosure.
 (3) In an action brought under this section, the court may allow the prevailing party costs, disbursements and reasonable attorney fees. [1993 c.806 §8; 1995 c.618 §30; 2013 c.768 §102; 2015 c.767 §45]
 Section 30.865 - Action for invasion of personal privacy; attorney fees.
 (a) The defendant knowingly made or recorded a photograph, motion picture, videotape or other visual recording of the plaintiff in a state of nudity without the consent of the plaintiff, and at the time the visual recording was made or recorded the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.
 (b) For the purpose of arousing or gratifying the sexual desire of the defendant, the defendant was in a location to observe the plaintiff in a state of nudity without the consent of the plaintiff, and the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.
 (c) For the purpose of arousing or gratifying the sexual desire of any person, the defendant knowingly:
 (A) Made or recorded a photograph, motion picture, videotape or other visual recording of an intimate area of the plaintiff without the consent of the plaintiff; or
 (B) Viewed an intimate area of the plaintiff without the consent of the plaintiff.
 (d) Without the consent of the plaintiff, the defendant disseminated a photograph, motion picture, videotape or other visual recording of the plaintiff in a state of nudity, and the defendant knew that at the time the visual recording was made or recorded the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.
 (2) A plaintiff who prevails in a cause of action for invasion of personal privacy under this section is entitled to receive:
 (a) Compensatory damages; and
 (b) Reasonable attorney fees.
 (3) An action under this section must be commenced not later than two years after the conduct that gives rise to a claim for relief occurred.
 (4) The remedy provided by this section is in addition to, and not in lieu of, any other claim for relief that may be available to a plaintiff by reason of conduct of a defendant described in subsection (1) of this section.
 (5) The provisions of subsection (1)(a) and (d) of this section do not apply to a photograph, motion picture, videotape or other visual recording of a person under 12 years of age if:
 (a) The person who makes, records or disseminates the visual recording is the father, mother, sibling, grandparent, aunt, uncle or first cousin, by blood, adoption or marriage, of the person under 12 years of age; and
 (b) The visual recording is made, recorded or disseminated for a purpose other than arousing or gratifying the sexual desire of the person or another person.
 (6) As used in this section:
 (a) "Intimate area" means:
 (A) Undergarments that are being worn by a person, are covered by clothing and are intended to be protected from being seen; and
 (B) Any of the following that are covered by clothing and are intended to be protected from being seen:
 (i) Genitals;
 (ii) Pubic areas; or
 (iii) Female breasts below the point immediately above the top of the areola.
 (b) "Made or recorded a photograph, motion picture, videotape or other visual recording" includes, but is not limited to, making or recording or employing, authorizing, permitting, compelling or inducing another person to make or record a photograph, motion picture, videotape or other visual recording.
 (c) "Nudity" means any part of the uncovered or less than opaquely covered:
 (A) Genitals;
 (B) Pubic area; or
 (C) Female breast below a point immediately above the top of the areola.
 (d) "Places and circumstances where the plaintiff has a reasonable expectation of personal privacy" includes, but is not limited to, a bathroom, dressing room, locker room that includes an enclosed area for dressing or showering, tanning booth and any area where a person undresses in an enclosed space that is not open to public view.
 (e) "Public view" means that an area can be readily seen and that a person within the area can be distinguished by normal unaided vision when viewed from a public place as defined in ORS 161.015. [2005 c.544 §1; 2009 c.877 §3; 2013 c.1 §3]
 Section 30.866 - Action for issuance or violation of stalking protective order; attorney fees.
 (a) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that person’s immediate family or household thereby alarming or coercing the other person;
 (b) It is objectively reasonable for a person in the victim’s situation to have been alarmed or coerced by the contact; and
 (c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim’s immediate family or household.
 (2) At the time the petition is filed, the court, upon a finding of probable cause based on the allegations in the petition, shall enter a temporary court’s stalking protective order that may include, but is not limited to, all contact listed in ORS 163.730. The petition and the temporary order shall be served upon the respondent with an order requiring the respondent to personally appear before the court to show cause why the temporary order should not be continued for an indefinite period.
 (3)(a) At the hearing, whether or not the respondent appears, the court may continue the hearing for up to 30 days or may proceed to enter a court’s stalking protective order and take other action as provided in ORS 163.738.
 (b) If respondent fails to appear after being served as required by subsection (2) of this section, the court may issue a warrant of arrest as provided in ORS 133.110 in order to ensure the appearance of the respondent in court.
 (4) The plaintiff may recover:
 (a) Both special and general damages, including damages for emotional distress;
 (b) Punitive damages; and
 (c) Reasonable attorney fees and costs.
 (5) The court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.
 (6) An action under this section must be commenced within two years of the conduct giving rise to the claim.
 (7) Proof of the claim shall be by a preponderance of the evidence.
 (8) The remedy provided by this section is in addition to any other remedy, civil or criminal, provided by law for the conduct giving rise to the claim.
 (9) No filing fee, service fee or hearing fee may be charged for a proceeding under this section.
 (10) If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent’s ability to possess firearms and ammunition or engage in activities involving firearms.
 (11) ORS 163.741 applies to protective orders issued under this section.
 (12) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 or for violating a court’s stalking protective order as defined in ORS 163.750. [1993 c.626 §9; 1995 c.353 §6; 1999 c.1052 §4; 2003 c.292 §3; 2015 c.89 §1]
 Note: Definitions for 30.866 are found in 163.730.
 Section 30.867 - Action for violation of criminal laws relating to involuntary servitude or trafficking in persons; attorney fees.
 (2) Upon prevailing in an action under this section, the plaintiff may recover:
 (a) Both special and general damages, including damages for emotional distress; and
 (b) Punitive damages.
 (3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a circuit court.
 (4) An action under this section must be commenced within six years of the conduct giving rise to the claim. [2007 c.811 §9]
 Section 30.868 - Civil damages for custodial interference; attorney fees.
 (a) A person who is 18 years of age or older and who has been taken, enticed or kept in violation of ORS 163.257 (1)(a); or
 (b) A person whose custodial rights have been interfered with if, by reason of the interference:
 (A) The person has reasonably and in good faith reported a person missing to any city, county or state police agency; or
 (B) A defendant in the action has been charged with a violation of ORS 163.257 (1)(a).
 (2) An entry of judgment or a certified copy of a judgment against the defendant for a violation of ORS 163.257 (1)(a) is prima facie evidence of liability if the plaintiff was injured by the defendant’s unlawful action under the conviction.
 (3)(a) For purposes of this section, a public or private entity that provides counseling and shelter services to victims of domestic violence is not considered to have violated ORS 163.257 (1)(a) if the entity provides counseling or shelter services to a person who violates ORS 163.257 (1)(a).
 (b) As used in this subsection, "victim of domestic violence" means an individual against whom domestic violence, as defined in ORS 135.230, 181A.355 or 411.117, has been committed.
 (4) Bringing an action under this section does not prevent the prosecution of any criminal action under ORS 163.257.
 (5) A person bringing an action under this section must establish by a preponderance of the evidence that a violation of ORS 163.257 (1)(a) has occurred.
 (6) It is an affirmative defense to civil liability for an action under this section that the defendant reasonably and in good faith believed that the defendant’s violation of ORS 163.257 (1)(a) was necessary to preserve the physical safety of:
 (a) The defendant;
 (b) The person who was taken, enticed or kept in violation of ORS 163.257 (1)(a); or
 (c) The parent or guardian of the person who was taken, enticed or kept in violation of ORS 163.257 (1)(a).
 (7)(a) If the person taken, enticed or kept in violation of ORS 163.257 (1)(a) is under 18 years of age at the time an action is brought under this section, the court may:
 (A) Appoint an attorney who is licensed to practice law in Oregon to act as guardian ad litem for the person; and
 (B) Appoint one of the following persons to provide counseling services to the person:
 (i) A psychiatrist.
 (ii) A psychologist licensed under ORS 675.010 to 675.150.
 (iii) A clinical social worker licensed under ORS 675.530.
 (iv) A professional counselor or marriage and family therapist licensed under ORS 675.715.
 (b) The court may assess against the parties all costs of the attorney or person providing counseling services appointed under this subsection.
 (8) If an action is brought under this section by a person described under subsection (1)(b) of this section and a party shows good cause that it is appropriate to do so, the court may order the parties to obtain counseling directed toward educating the parties on the impact that the parties’ conflict has on the person taken, enticed or kept in violation of ORS 163.257 (1)(a). The court may assess against the parties all costs of obtaining counseling ordered under this subsection.
 (9) Upon prevailing in an action under this section, the plaintiff may recover:
 (a) Special and general damages, including damages for emotional distress; and
 (b) Punitive damages.
 (10) The court may award reasonable attorney fees to the prevailing party in an action under this section.
 (11)(a) Notwithstanding ORS 12.110, 12.115, 12.117 or 12.160, an action under this section must be commenced within six years after the violation of ORS 163.257 (1)(a). An action under this section accruing while the person who is entitled to bring the action is under 18 years of age must be commenced not more than six years after that person attains 18 years of age.
 (b) The period of limitation does not run during any time when the person taken, enticed or kept in violation of ORS 163.257 (1)(a) is removed from this state as a result of the defendant’s actions in violation of ORS 163.257 (1)(a). [2005 c.841 §1; 2009 c.11 §5; 2009 c.442 §26]
 Section 30.870 - Definitions for ORS 30.870 and 30.875.
 (1) "Agricultural produce" means any plant including, but not limited to, trees, or animals, kept, grown or raised upon real property, and the products of those plants and animals.
 (2) "Mercantile establishment" means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale.
 (3) "Merchandise" means all things movable and capable of manual delivery.
 (4) "Owner" means any person who owns or operates a mercantile establishment or farm, or the agents or employees of that person. [1979 c.592 §1; 1981 c.716 §5]
 Section 30.875 - Civil damages for shoplifting or taking of agricultural produce.
 (2) The parents having custody of an unemancipated minor who takes possession of any merchandise displayed or offered for sale by any mercantile establishment, or who takes from any real property any agricultural produce kept, grown or raised on the property for purposes of sale, without the consent of the owner, and with the intention of converting such merchandise or produce to the minor’s own use without having paid the purchase price thereof, or who alters the price indicia of such merchandise or who engages in conduct described in ORS 164.125, 164.132 or 164.373, shall be civilly liable to the owner for actual damages, for a penalty to the owner in the amount of the retail value of the merchandise or produce not to exceed $250, plus an additional penalty to the owner of not less than $100 nor more than $250. Persons operating a foster home certified under ORS 418.625 to 418.645 are not liable under this subsection for the acts of children not related to them by blood or marriage and under their care.
 (3) A conviction for theft is not a condition precedent to the maintenance of a civil action under this section.
 (4) A civil liability under this section is not limited by any other law that limits liability of parents of minor children.
 (5) An action for recovery of damages under this section may be brought in any court of competent jurisdiction, including the small claims department of a circuit court if the total damages do not exceed the jurisdictional limit of the small claims department.
 (6) The fact that an owner or seller of merchandise or agricultural produce may bring an action against an individual for damages as provided in this section shall not limit the right of the owner or seller to demand, in writing, that a person who is liable for damages under this section remit said damages prior to the commencement of any legal action.
 (7) Judgments, but not claims, arising under this section may be assigned.
 (8) An action under this section may not be brought based on a dishonored check, draft or order for payment of money if an action can be brought on the dishonored check, draft or order under ORS 30.701.
 (9) An action under this section must be commenced within three years after the merchandise or agricultural produce is taken. [1979 c.592 §2; 1981 c.716 §6; 1985 c.537 §6; 1987 c.907 §16; 1995 c.658 §28; 1997 c.182 §§3,4; 1999 c.705 §5; 2003 c.324 §1]
 Section 30.876 - Treble damages and costs in actions arising out of interference with agricultural research.
 (1) Treble the amount of damages claimed to real and personal property; and
 (2) The costs of repeating experiments including, but not limited to, the costs of replacing records, data, equipment, specimens, labor and materials, if the conduct causes the failure of an experiment in progress or irreparable damage to completed research or experimentation. [2001 c.147 §4]
 Section 30.877 - Treble damages and costs in actions arising out of research and animal interference and arising out of interference with livestock production.
 Section 30.880
 Section 30.882 - Award of liquidated damages to sports official subjected to offensive physical contact; attorney fees.
 (a) The defendant intentionally subjected the plaintiff to offensive physical contact;
 (b) The defendant knew that the plaintiff was a sports official at the time the offensive physical contact was made;
 (c) The offensive physical contact is made while the plaintiff is within, or in the immediate vicinity of, a facility at which the plaintiff serves as a sports official for a sports event; and
 (d) The offensive physical contact is made while the plaintiff is serving as a sports official or within a brief period of time thereafter.
 (2) The court shall award reasonable attorney fees to a prevailing plaintiff in an action in which liquidated damages are awarded under this section.
 (3) An award of liquidated damages under this section is not subject to ORS 31.725, 31.730 or 31.735.
 (4) As used in this section, "sports official" means a person who:
 (a) Serves as a referee, umpire, linesman or judge or performs similar functions under a different title; and
 (b) Is a member of, or registered by, a local, state, regional or national organization that engages in providing education and training in sports officiating. [1999 c.786 §1]
 Section 30.890 - Liability of food gleaners, donors and distributors.
 (b) The immunity from civil liability and criminal penalty provided by this section applies regardless of compliance with any laws, rules or ordinances regulating the packaging or labeling of food, and regardless of compliance with any laws, rules or ordinances regulating the storage or handling of the food by the donee after the donation of the food.
 (2) Notwithstanding any other provision of law, a bona fide charitable or nonprofit organization which in good faith receives food, apparently fit for human consumption, and while apparently fit for human consumption distributes it at no charge or on a fee scale reflecting ability to pay or only requiring a shared maintenance contribution, shall not be subject to criminal penalty or civil damages resulting from the condition of the food unless an injury results from the gross negligence, recklessness or intentional conduct of the organization.
 (3) This section applies to the good-faith donation of food not readily marketable due to appearance, freshness, grade, surplus or other considerations but does not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
 (4) As used in this section:
 (a) "Donor" includes any person who operates a restaurant or other food establishment licensed or regulated by law.
 (b) "Food" means any food whether or not it may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition, including but not limited to fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables, and foods that have been packaged, canned, refrigerated, freeze-dried or frozen.
 (c) "Food bank" means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purpose of reducing hunger and meeting nutritional needs.
 (d) "Gleaner" means a person that harvests for free distribution an agricultural crop that has been donated by the owner. [1979 c.265 §1; 1989 c.808 §1]
 Section 30.892 - Liability of donors and distributors of general merchandise and household items.
 (2) The immunity from civil liability and criminal penalty provided by this section applies regardless of compliance with any laws, rules or ordinances regulating the packaging or labeling of general merchandise or household items, and regardless of compliance with any laws, rules or ordinances regulating the storage or handling of the general merchandise or household items by the donee after the donation.
 (3) Notwithstanding any other provision of law, a bona fide charitable or nonprofit organization which in good faith receives general merchandise or household items, apparently fit for use, and while apparently still fit for use, distributes the merchandise or items at no charge or on a fee scale reflecting ability to pay or only requiring a shared maintenance contribution, shall not be subject to criminal penalty or civil damages resulting from the condition of the general merchandise or household items, unless an injury results from the gross negligence, recklessness or intentional conduct of the organization.
 (4) This section applies to the good-faith donation of general merchandise or household items not readily marketable due to appearance, grade, surplus or considerations other than safety but does not restrict the authority of any appropriate agency to regulate or ban the use of such general merchandise or household items. The immunity from civil liability and criminal penalty provided by this section shall not apply if the general merchandise or household item is resold by either the donee or any other person. This section does not affect the liability of a manufacturer for products that are subject to a current or future safety recall whether such recall is initiated by the manufacturer or at the request of the state or federal government, nor shall this section affect the liability of a manufacturer under ORS 30.900 to 30.920.
 (5) As used in this section:
 (a) "Donor" includes all of the following, without regard to who is the owner of the general merchandise or household item at the time of the donation:
 (A) A general merchandiser;
 (B) A retail establishment;
 (C) A wholesaler; and
 (D) A manufacturer.
 (b) "General merchandise or household item" means any item sold as general merchandise for household use, including but not limited to items sold in the following categories: Toiletries, cosmetics, domestics, electronics, sporting goods, clothing, toys, small appliances, personal care appliances, housewares, household chemicals, hardware, paint, sundries, plumbing, garden supplies, automotive, school supplies, pet food, pet supplies, over-the-counter drugs or vitamins, or other items of merchandise commonly sold in a retail or general merchandising establishment. [1989 c.1012 §2]
 Section 30.895
 Section 30.900 - "Product liability civil action" defined.
 (1) Any design, inspection, testing, manufacturing or other defect in a product;
 (2) Any failure to warn regarding a product; or
 (3) Any failure to properly instruct in the use of a product. [1977 c.843 §1]
 Section 30.902 - Products provided by physicians.
 Section 30.905 - Time limitation for commencement of action.
 (2) A product liability civil action for personal injury or property damage must be commenced before the later of:
 (a) Ten years after the date on which the product was first purchased for use or consumption; or
 (b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.
 (3) Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.
 (4) A product liability civil action for death must be commenced before the earlier of:
 (a) Three years after the death of the decedent;
 (b) Ten years after the date on which the product was first purchased for use or consumption; or
 (c) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.
 (5) This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010. Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135. [1977 c.843 §3; 1983 c.143 §1; 1987 c.4 §1; 1993 c.259 §6; 2003 c.768 §1; 2009 c.485 §1]
 Note: Section 2, chapter 485, Oregon Laws 2009, provides:
 Sec. 2. The amendments to ORS 30.905 by section 1 of this 2009 Act apply only to causes of action that arise on or after the effective date of this 2009 Act [January 1, 2010]. [2009 c.485 §2]
 Section 30.907 - Action for damages from asbestos-related disease; limitations.
 (2) A product liability civil action for damages resulting from asbestos-related disease is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.
 (3) A product liability civil action may not be brought against a contractor, as defined in ORS 701.005, for damages resulting from asbestos-related disease if the contractor:
 (a) Used or installed products containing asbestos pursuant to plans, specifications or directions prepared for a project by or on behalf of the owner of the project;
 (b) Is not the manufacturer or distributor of the products containing asbestos; and
 (c) Did not furnish the products containing asbestos independent of the provision of labor.
 (4) Subsection (3) of this section does not affect a plaintiff’s ability to bring a product liability civil action against a contractor if:
 (a) The contractor substituted a product containing asbestos on a project when the plans, specifications or directions for the project prepared by or on behalf of the owner did not specify the use or installation of a product containing asbestos; and
 (b) The owner or the owner’s representative did not expressly direct or consent to the substitution of the product containing asbestos. [1987 c.4 §3; 2005 c.740 §1; 2009 c.485 §7]
 Section 30.908 - Action arising out of injury from breast implants; limitations.
 (a) The death or specific injury, disease or damage for which the plaintiff seeks recovery;
 (b) The tortious nature of the act or omission of the defendant that gives rise to a claim for relief against the defendant; and
 (c) All other elements required to establish plaintiff’s claim for relief.
 (2) A product liability civil action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.
 (3) For the purposes of subsection (1) of this section, an action for wrongful death must be commenced not later than two years after the earliest date that the discoveries required by subsection (1) of this section are made by any of the following persons:
 (a) The decedent;
 (b) The personal representative for the decedent; or
 (c) Any person for whose benefit the action could be brought.
 (4) Subsections (1) to (3) of this section do not apply to a person that supplied component parts or raw materials to manufacturers of breast implants containing silicone, silica or silicon as a component, and the person shall remain subject to the limitations on actions imposed by ORS 30.020 and 30.905, if:
 (a) The person did not manufacture breast implants containing silicone, silica or silicon as a component at any time; and
 (b) The person was not owned by and did not own a business that manufactured breast implants containing silicone, silica or silicon as a component at any time.
 (5) A health care facility licensed under ORS chapter 441 is not a manufacturer, distributor, seller or lessor of a breast implant for the purposes of ORS 30.900 to 30.920 if the implant is provided by the facility to a patient as part of a medical implant procedure. [1993 c.259 §§4,5; 2007 c.71 §10; 2009 c.485 §10; 2011 c.9 §3]
 Section 30.910 - Product disputably presumed not unreasonably dangerous.
 Section 30.915 - Defenses.
 (1) The alteration or modification was made without the consent of or was made not in accordance with the instructions or specifications of the manufacturer, distributor, seller or lessor;
 (2) The alteration or modification was a substantial contributing factor to the personal injury, death or property damage; and
 (3) If the alteration or modification was reasonably foreseeable, the manufacturer, distributor, seller or lessor gave adequate warning. [1977 c.843 §4]
 Section 30.920 - When seller or lessor of product liable; effect of liability rule.
 (a) The seller or lessor is engaged in the business of selling or leasing such a product; and
 (b) The product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold or leased.
 (2) The rule stated in subsection (1) of this section shall apply, even though:
 (a) The seller or lessor has exercised all possible care in the preparation and sale or lease of the product; and
 (b) The user, consumer or injured party has not purchased or leased the product from or entered into any contractual relations with the seller or lessor.
 (3) It is the intent of the Legislative Assembly that the rule stated in subsections (1) and (2) of this section shall be construed in accordance with the Restatement (Second) of Torts sec. 402A, Comments a to m (1965). All references in these comments to sale, sell, selling or seller shall be construed to include lease, leases, leasing and lessor.
 (4) Nothing in this section shall be construed to limit the rights and liabilities of sellers and lessors under principles of common law negligence or under ORS chapter 72. [1979 c.866 §2]
 Section 30.925 - Punitive damages.
 (2) Punitive damages, if any, shall be determined and awarded based upon the following criteria:
 (a) The likelihood at the time that serious harm would arise from the defendant’s misconduct;
 (b) The degree of the defendant’s awareness of that likelihood;
 (c) The profitability of the defendant’s misconduct;
 (d) The duration of the misconduct and any concealment of it;
 (e) The attitude and conduct of the defendant upon discovery of the misconduct;
 (f) The financial condition of the defendant; and
 (g) The total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to persons in situations similar to the claimant’s and the severity of criminal penalties to which the defendant has been or may be subjected. [1979 c.866 §3; 1995 c.688 §4]
 Section 30.927 - When manufacturer of drug not liable for punitive damages; exceptions.
 (a) Was manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal Food and Drug Administration under the Federal Food, Drug and Cosmetic Act or the Public Health Service Act; or
 (b) Is generally recognized as safe and effective pursuant to conditions established by the federal Food and Drug Administration and applicable regulations, including packaging and labeling regulations.
 (2) Subsection (1) of this section does not apply if the plaintiff proves, in accordance with the standard of proof set forth in ORS 30.925 (1), that the defendant, either before or after making the drug available for public use, knowingly in violation of applicable federal Food and Drug Administration regulations withheld from or misrepresented to the agency or prescribing physician information known to be material and relevant to the harm which the plaintiff allegedly suffered.
 (3) Nothing contained in this section bars an award of punitive damages where a manufacturer of a drug intentionally fails to conduct a recall required by a valid order of a federal or state agency authorized by statute to require such a recall.
 (4) For the purposes of this section, the term "drug" has the meaning given to the term in section 1201 (g)(1) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 321 (g)(1). [1987 c.774 §5]
 Note: Sections 1 and 2, chapter 536, Oregon Laws 2007, provide:
 Sec. 1. (1) As used in this section, "COX-2 inhibitor" means a medication that is intended to inhibit the enzyme known as cyclooxygenase-2.
 (2) A civil action for injury, including any product liability action under ORS 30.900 to 30.920 and any action based on negligence, resulting from the use of a COX-2 inhibitor must be commenced not later than four years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the injury and the causal relationship between the injury and the product, or the causal relationship between the injury and the conduct of the defendant.
 (3) A civil action for death, including any product liability action under ORS 30.900 to 30.920 and any action based on negligence, resulting from the use of a COX-2 inhibitor must be commenced not later than six years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant. [2007 c.536 §1]
 Sec. 2. (1) Except as provided in subsection (2) of this section, section 1 of this 2007 Act applies only to causes of action arising on or before January 1, 2007.
 (2) Section 1 of this 2007 Act does not apply to any causes of action for which a judgment was entered in the register of a court before the effective date of this 2007 Act [January 1, 2008]. [2007 c.536 §2]
 Section 30.928 - Time limitation for actions for damages caused by certain light bulbs.
 (2) A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs may not be commenced more than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the injury and the causal relationship between the injury and the conduct of the defendant.
 (3) A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs is subject only to the limitation imposed by this section and is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose. [2009 c.485 §11]
 Section 30.930 - Definitions for ORS 30.930 to 30.947.
 (1) "Farm" means any facility, including the land, buildings, watercourses and appurtenances thereto, used in the commercial production of crops, nursery stock, livestock, poultry, livestock products, poultry products, vermiculture products or the propagation and raising of nursery stock.
 (2) "Farming practice" means a mode of operation on a farm that:
 (a) Is or may be used on a farm of a similar nature;
 (b) Is a generally accepted, reasonable and prudent method for the operation of the farm to obtain a profit in money;
 (c) Is or may become a generally accepted, reasonable and prudent method in conjunction with farm use;
 (d) Complies with applicable laws; and
 (e) Is done in a reasonable and prudent manner.
 (3) "Forestland" means land that is used for the growing and harvesting of forest tree species.
 (4) "Forest practice" means a mode of operation on forestland that:
 (a) Is or may be used on forestland of similar nature;
 (b) Is a generally accepted, reasonable and prudent method of complying with ORS 527.610 to 527.770 and the rules adopted pursuant thereto;
 (c) Is or may become a generally accepted, reasonable and prudent method in conjunction with forestland;
 (d) Complies with applicable laws;
 (e) Is done in a reasonable and prudent manner; and
 (f) May include, but is not limited to, site preparation, timber harvest, slash disposal, road construction and maintenance, tree planting, precommercial thinning, release, fertilization, animal damage control and insect and disease control.
 (5) "Pesticide" has the meaning given that term in ORS 634.006. [1981 c.716 §1; 1983 c.730 §1; 1993 c.792 §32; 1995 c.703 §1; 2005 c.657 §2]
 Section 30.931 - Transport or movement of equipment, device, vehicle or livestock as farming or forest practice.
 Section 30.932 - Definition of "nuisance" or "trespass."
 Section 30.933 - Legislative findings; policy.
 (a) Farming and forest practices are critical to the economic welfare of this state.
 (b) The expansion of residential and urban uses on and near lands zoned or used for agriculture or production of forest products may give rise to conflicts between resource and nonresource activities.
 (c) In the interest of the continued welfare of the state, farming and forest practices must be protected from legal actions that may be intended to limit, or have the effect of limiting, farming and forest practices.
 (2) The Legislative Assembly declares that it is the policy of this state that:
 (a) Farming practices on lands zoned for farm use must be protected.
 (b) Forest practices on lands zoned for the production of forest products must be protected.
 (c) Persons who locate on or near an area zoned for farm or forest use must accept the conditions commonly associated with living in that particular setting.
 (d) Certain private rights of action and the authority of local governments and special districts to declare farming and forest practices to be nuisances or trespass must be limited because such claims for relief and local government ordinances are inconsistent with land use policies, including policies set forth in ORS 215.243, and have adverse effects on the continuation of farming and forest practices and the full use of the resource base of this state. [1993 c.792 §31]
 Section 30.934 - Prohibition on local laws that make forest practice a nuisance or trespass; exceptions.
 (2) Subsection (1) of this section does not apply to:
 (a) City rules, regulations or ordinances adopted in accordance with ORS 527.722; or
 (b) Any forest practice conducted in violation of a solar energy easement that complies with ORS 105.880 to 105.890. [1993 c.792 §38]
 Section 30.935 - Prohibition on local laws that make farm practice a nuisance or trespass.
 Section 30.936 - Immunity from private action based on farming or forest practice on certain lands; exceptions.
 (2) Subsection (1) of this section shall not apply to a right of action or claim for relief for:
 (a) Damage to commercial agricultural products; or
 (b) Death or serious physical injury as defined in ORS 161.015.
 (3) Subsection (1) of this section applies regardless of whether the farming or forest practice has undergone any change or interruption. [1993 c.792 §34; 1995 c.547 §8; 1995 c.703 §3; 2001 c.401 §1]
 Section 30.937 - Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use; exceptions.
 (2) Subsection (1) of this section shall not apply to a right of action or claim for relief for:
 (a) Damage to commercial agricultural products; or
 (b) Death or serious physical injury as defined in ORS 161.015.
 (3) Subsection (1) of this section applies only where a farming or forest practice existed before the conflicting nonfarm or nonforest use of real property that gave rise to the right of action or claim for relief.
 (4) Subsection (1) of this section applies only where a farming or forest practice has not significantly increased in size or intensity from November 4, 1993, or the date on which the applicable urban growth boundary is changed to include the subject farming or forest practice within its limits, whichever is later. [1993 c.792 §35; 1995 c.703 §4]
 Section 30.938 - Attorney fees and costs.
 Section 30.939 - When use of pesticide considered farming or forest practice.
 (a) Is or may be used on a farm of a similar nature;
 (b) Is a reasonable and prudent method for the operation of the farm to obtain a profit in money;
 (c) Is or may become customarily utilized in conjunction with farm use;
 (d) Complies with applicable laws; and
 (e) Is done in a reasonable and prudent manner.
 (2) Notwithstanding ORS 30.930 (4), the use of a pesticide shall be considered to be a forest practice for purposes of ORS 30.930 to 30.947, if the use of the pesticide:
 (a) Is or may be used on forestland of a similar nature;
 (b) Is a reasonable and prudent method of complying with ORS 527.610 to 527.770;
 (c) Is or may become customarily utilized in conjunction with forestland;
 (d) Complies with applicable laws;
 (e) Is done in a reasonable and prudent manner; and
 (f) Includes, but is not limited to, site preparation, timber harvest, slash disposal, road construction and maintenance, tree planting, precommercial thinning, release, fertilization, animal damage control and insect and disease control. [1993 c.792 §32a; 1995 c.703 §5]
 Section 30.940 - Effect on other remedies.
 Section 30.942 - Rules.
 (2) The State Forestry Department may adopt rules to implement the provisions of ORS 30.930 to 30.947. [1993 c.792 §41]
 Section 30.943 - Certain agencies not required to investigate complaints based on farming or forest practice.
 Section 30.947 - Effect of siting of destination resorts or other nonfarm or nonforest uses.
 Section 30.949 - Action for hindering, impairment or obstruction of forest practice on state forestland.
 (a) "Access road" means a road owned or maintained by the State Forestry Department.
 (b) "Forest practice" has the meaning given that term in ORS 527.620.
 (c) "State forestland" means:
 (A) Forestland acquired under ORS 530.010 to 530.040; and
 (B) Common School Forest Lands and Elliott State Forest Lands managed under ORS 530.490.
 (2) A private entity that contracts with the State Forestry Department to perform a forest practice has a right of action for the amount of actual damages against any person that, while on state forestland or an access road on state forestland, intentionally commits an act that hinders, impairs or obstructs or is an attempt to hinder, impair or obstruct, the performance of the forest practice by the private entity. A court shall award a plaintiff prevailing under this section reasonable attorney fees and costs.
 (3) If the contract between the private entity and the department provides for the private entity to perform forest practices in a defined area of state forestland that lies in more than one county, venue for a cause of action under this section is proper in any county containing part of the area of state forestland defined by the contract terms in effect on the date the cause of action arose.
 (4) An action under this section must be commenced within two years after the date of the act giving rise to the cause of action. [2013 c.461 §1]
 Section 30.950
 Section 30.960
 ACTIONS ARISING OUT OF
 Section 30.961 - Actions against sellers of food for food-related condition.
 (a) "Food" has the meaning given that term in 21 U.S.C. 321, as in effect on January 1, 2006.
 (b) "Food-related condition" means:
 (A) Weight gain;
 (B) Obesity;
 (C) A health condition associated with weight gain or obesity; or
 (D) A generally recognized health condition alleged to be caused by, or alleged to likely result from, long-term consumption of food rather than a single instance of consumption of food.
 (2) A person may not maintain an action for a claim of injury or death caused by a food-related condition against a person involved in the selling of food, as described in ORS 616.210.
 (3) This section does not apply to a claim that includes as an element of the cause of action that a food-related condition was caused by:
 (a) Adulterated food, as described in ORS 616.235;
 (b) Reliance on information about food that has been misbranded, as described in ORS 616.250;
 (c) Violation of a provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as in effect on January 1, 2006, prohibiting adulterated or misbranded food; or
 (d) Knowing and willful violation of any other state or federal law related to the manufacturing, marketing, distribution, advertisement, labeling or sale of food.
 (4) A violation of law is knowing and willful for the purposes of subsection (3)(d) of this section if the person engaged in the conduct that constituted the violation with the intent to deceive or injure or with actual knowledge that the conduct was deceptive or injurious.
 (5) This section does not create any claim, right of action or civil liability. This section does not affect any government agency’s statutory authority to enforce laws relating to adulteration or misbranding of food. [2005 c.658 §1]
 Section 30.963 - Claim requirements for actions involving food-related conditions.
 (a) "Food" has the meaning given that term in 21 U.S.C. 321, as in effect on January 1, 2006.
 (b) "Food-related condition" means:
 (A) Weight gain;
 (B) Obesity;
 (C) A health condition associated with weight gain or obesity; or
 (D) A generally recognized health condition alleged to be caused by, or alleged to likely result from, long-term consumption of food rather than a single instance of consumption of food.
 (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim described in ORS 30.961 (3) must plead with particularity each element of the cause of action, including a description of all of the following:
 (a) The law that allegedly was violated.
 (b) The facts that are alleged to constitute a violation of the law identified in paragraph (a) of this subsection.
 (c) The facts that are alleged to demonstrate that the food-related condition was caused by the violation.
 (d) If the violation was of a law described in ORS 30.961 (3)(d), facts sufficient to support a reasonable inference that the violation was committed with the intent to deceive or injure or with actual knowledge that the conduct was deceptive or injurious.
 (3) In any action for a claim of injury or death caused by a food-related condition, a court shall stay all discovery and other proceedings during the pendency of any motion to dismiss. The court, on motion and for good cause shown, shall order that specified discovery be conducted notwithstanding the stay imposed under this subsection. [2005 c.658 §3]
 Section 30.970 - Definitions for ORS 30.970 to 30.990.
 (1) "Inherent risks of skiing" includes, but is not limited to, those dangers or conditions which are an integral part of the sport, such as changing weather conditions, variations or steepness in terrain, snow or ice conditions, surface or subsurface conditions, bare spots, creeks and gullies, forest growth, rocks, stumps, lift towers and other structures and their components, collisions with other skiers and a skier’s failure to ski within the skier’s own ability.
 (2) "Injury" means any personal injury or property damage or loss.
 (3) "Skier" means any person who is in a ski area for the purpose of engaging in the sport of skiing or who rides as a passenger on any ski lift device.
 (4) "Ski area" means any area designated and maintained by a ski area operator for skiing.
 (5) "Ski area operator" means those persons, and their agents, officers, employees or representatives, who operate a ski area. [1979 c.665 §1]
 Section 30.975 - Skiers assume certain risks.
 Section 30.980 - Notice to ski area operator of injury to skier; injuries resulting in death; statute of limitations; informing skiers of notice requirements.
 (2) When an injury results in a skier’s death, the required notice of the injury may be presented to the ski area operator by or on behalf of the personal representative of the deceased, or any person who may, under ORS 30.020, maintain an action for the wrongful death of the skier, within 180 days after the date of the death which resulted from the injury. However, if the skier whose injury resulted in death presented a notice to the ski area operator that would have been sufficient under this section had the skier lived, notice of the death to the ski area operator is not necessary.
 (3) An action against a ski area operator to recover damages for injuries to a skier shall be commenced within two years of the date of the injuries. However, ORS 12.160 and 12.190 apply to such actions.
 (4) Failure to give notice as required by this section bars a claim for injuries or wrongful death unless:
 (a) The ski area operator had knowledge of the injury or death within the 180-day period after its occurrence;
 (b) The skier or skier’s beneficiaries had good cause for failure to give notice as required by this section; or
 (c) The ski area operator failed to comply with subsection (5) of this section.
 (5) Ski area operators shall give to skiers, in a manner reasonably calculated to inform, notice of the requirements for notifying a ski area operator of injury and the effect of a failure to provide such notice under this section. [1979 c.665 §3]
 Section 30.985 - Duties of skiers; effect of failure to comply.
 (a) Skiers who ski in any area not designated for skiing within the permit area assume the inherent risks thereof.
 (b) Skiers shall be the sole judges of the limits of their skills and their ability to meet and overcome the inherent risks of skiing and shall maintain reasonable control of speed and course.
 (c) Skiers shall abide by the directions and instructions of the ski area operator.
 (d) Skiers shall familiarize themselves with posted information on location and degree of difficulty of trails and slopes to the extent reasonably possible before skiing on any slope or trail.
 (e) Skiers shall not cross the uphill track of any surface lift except at points clearly designated by the ski area operator.
 (f) Skiers shall not overtake any other skier except in such a manner as to avoid contact and shall grant the right of way to the overtaken skier.
 (g) Skiers shall yield to other skiers when entering a trail or starting downhill.
 (h) Skiers must wear retention straps or other devices to prevent runaway skis.
 (i) Skiers shall not board rope tows, wire rope tows, j-bars, t-bars, ski lifts or other similar devices unless they have sufficient ability to use the devices, and skiers shall follow any written or verbal instructions that are given regarding the devices.
 (j) Skiers, when involved in a skiing accident, shall not depart from the ski area without leaving their names and addresses if reasonably possible.
 (k) A skier who is injured should, if reasonably possible, give notice of the injury to the ski area operator before leaving the ski area.
 (L) Skiers shall not embark or disembark from a ski lift except at designated areas or by the authority of the ski area operator.
 (2) Violation of any of the duties of skiers set forth in subsection (1) of this section entitles the ski area operator to withdraw the violator’s privilege of skiing. [1979 c.665 §4]
 Section 30.990 - Operators required to give skiers notice of duties.
 Chapter 031 - Tort Actions
 Section 31.050
 Section 31.150 - Special motion to strike; when available; burden of proof.
 (2) A special motion to strike may be made under this section against any claim in a civil action that arises out of:
 (a) Any oral statement made, or written statement or other document submitted, in a legislative, executive or judicial proceeding or other proceeding authorized by law;
 (b) Any oral statement made, or written statement or other document submitted, in connection with an issue under consideration or review by a legislative, executive or judicial body or other proceeding authorized by law;
 (c) Any oral statement made, or written statement or other document presented, in a place open to the public or a public forum in connection with an issue of public interest; or
 (d) Any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.
 (3) A defendant making a special motion to strike under the provisions of this section has the initial burden of making a prima facie showing that the claim against which the motion is made arises out of a statement, document or conduct described in subsection (2) of this section. If the defendant meets this burden, the burden shifts to the plaintiff in the action to establish that there is a probability that the plaintiff will prevail on the claim by presenting substantial evidence to support a prima facie case. If the plaintiff meets this burden, the court shall deny the motion.
 (4) In making a determination under subsection (1) of this section, the court shall consider pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.
 (5) If the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim:
 (a) The fact that the determination has been made and the substance of the determination may not be admitted in evidence at any later stage of the case; and
 (b) The determination does not affect the burden of proof or standard of proof that is applied in the proceeding. [Formerly 30.142; 2009 c.449 §1]
 Section 31.152 - Time for filing special motion to strike; discovery; attorney fees.
 (2) All discovery in the proceeding shall be stayed upon the filing of a special motion to strike under ORS 31.150. The stay of discovery shall remain in effect until entry of the judgment. The court, on motion and for good cause shown, may order that specified discovery be conducted notwithstanding the stay imposed by this subsection.
 (3) A defendant who prevails on a special motion to strike made under ORS 31.150 shall be awarded reasonable attorney fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to a plaintiff who prevails on a special motion to strike.
 (4) The purpose of the procedure established by this section and ORS 31.150 and 31.155 is to provide a defendant with the right to not proceed to trial in cases in which the plaintiff does not meet the burden specified in ORS 31.150 (3). This section and ORS 31.150 and 31.155 are to be liberally construed in favor of the exercise of the rights of expression described in ORS 31.150 (2). [Formerly 30.144; 2009 c.449 §3]
 Section 31.155 - Exempt actions; substantive law not affected.
 (2) ORS 31.150 and 31.152 create a procedure for seeking dismissal of claims described in ORS 31.150 (2) and do not affect the substantive law governing those claims. [Formerly 30.146]
 Section 31.180 - Certain felonious conduct of plaintiff complete defense in tort actions; proof; exceptions.
 (a) The person damaged was engaged in conduct at the time that would constitute aggravated murder, murder or a Class A or a Class B felony; and
 (b) The felonious conduct was a substantial factor contributing to the injury or death.
 (2) To establish the defense described in this section, the defendant must prove by a preponderance of the evidence the fact that the person damaged was engaged in conduct that would constitute aggravated murder, murder or a Class A or a Class B felony.
 (3) Nothing in this section affects any right of action under 42 U.S.C. 1983.
 (4) The defense established by this section is not available if the injury or death resulted from a springgun or other device described in ORS 166.320 and the plaintiff establishes by a preponderance of the evidence that the use of the springgun or other device constituted a violation of ORS 166.320.
 (5) The defense established by this section is not available if the injury or death resulted from the use of physical force that was not justifiable under the standards established by ORS 161.195 to 161.275. [Formerly 30.698]
 Section 31.200 - Liability of radio or television station personnel for defamation.
 (2) In no event shall any owner, licensee or operator of a radio or television broadcasting station, or any agent or employee thereof, be liable for any damages for any defamatory statement published or uttered by one other than such owner, licensee, operator, agent or employee, in or as part of a radio or television broadcast by any candidate for public office, which broadcast cannot be censored by reason of federal statute or regulations of the Federal Communications Commission. [Formerly 30.150]
 Section 31.205 - Damages recoverable for defamation by radio, television, motion pictures, newspaper or printed periodical.
 Section 31.210 - When general damages allowed.
 (a) A correction or retraction is demanded but not published as provided in ORS 31.215; or
 (b) The plaintiff proves by a preponderance of the evidence that the defendant actually intended to defame the plaintiff.
 (2) Where the plaintiff is entitled to recover general damages, the publication of a correction or retraction may be considered in mitigation of damages. [Formerly 30.160]
 Section 31.215 - Publication of correction or retraction upon demand.
 (2) The publisher of the defamatory statement shall have not more than two weeks after receipt of the demand for correction or retraction in which to investigate the demand; and, after making such investigation, the publisher shall publish the correction or retraction in:
 (a) The first issue thereafter published, in the case of newspapers, magazines or other printed periodicals.
 (b) The first broadcast or telecast thereafter made, in the case of radio or television stations.
 (c) The first public exhibition thereafter made, in the case of motion picture theaters.
 (3) The correction or retraction shall consist of a statement by the publisher substantially to the effect that the defamatory statements previously made are not factually supported and that the publisher regrets the original publication thereof.
 (4) The correction or retraction shall be published in substantially as conspicuous a manner as the defamatory statement. [Formerly 30.165]
 Section 31.220 - Effect of publication of correction or retraction prior to demand.
 Section 31.225 - Publisher’s defenses and privileges not affected.
 Section 31.230 - Wrongful use of civil proceeding; pleading; procedure.
 (2) The filing of a civil action within 60 days of the running of the statute of limitations for the purpose of preserving and evaluating the claim when the action is dismissed within 120 days after the date of filing shall not constitute grounds for a claim for wrongful use of a civil proceeding under subsection (1) of this section.
 (3) A claim for damages for wrongful use of a civil proceeding shall be brought in an original action after the proceeding which is the subject matter of the claim is concluded. [Formerly 30.895]
 Section 31.250 - Mandatory dispute resolution for certain actions against health practitioners and health care facilities.
 (1) In any action described in subsection (6) of this section, all parties to the action and their attorneys must participate in some form of dispute resolution within 270 days after the action is filed unless:
 (a) The action is settled or otherwise resolved within 270 days after the action is filed; or
 (b) All parties to the action agree in writing to waive dispute resolution under this section.
 (2) Dispute resolution under this section may consist of arbitration, mediation or a judicial settlement conference.
 (3) Within 270 days after filing an action described in subsection (6) of this section, the parties or their attorneys must file a certificate indicating that the parties and attorneys have complied with the requirements of this section.
 (4) The court may impose appropriate sanctions against any party or attorney who:
 (a) Fails to attend an arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section;
 (b) Fails to act in good faith in any arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section;
 (c) Fails to timely submit any documents required for an arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section; or
 (d) Fails to have a person with authority to approve a resolution of the action available at the time of any arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section, unless the party or attorney receives from the court, before the hearing, session or conference commences, an exemption from the requirements of this paragraph.
 (5) This section does not apply to parties to an action described in subsection (6) of this section that have participated in a discussion and mediation under sections 3 and 5, chapter 5, Oregon Laws 2013.
 (6) The provisions of this section apply to any action in which a claim for damages is made against a health practitioner, as described in ORS 31.740, or against a health care facility, as defined in ORS 442.015, based on negligence, unauthorized rendering of health care or product liability under ORS 30.900 to 30.920. [2003 c.598 §54; 2013 c.5 §13]
 Note: The amendments to 31.250 by section 14, chapter 5, Oregon Laws 2013, become operative December 31, 2023. See section 22, chapter 5, Oregon Laws 2013. The text that is operative on and after December 31, 2023, is set forth for the user’s convenience.
 (1) In any action described in subsection (5) of this section, all parties to the action and their attorneys must participate in some form of dispute resolution within 270 days after the action is filed unless:
 (a) The action is settled or otherwise resolved within 270 days after the action is filed; or
 (b) All parties to the action agree in writing to waive dispute resolution under this section.
 (2) Dispute resolution under this section may consist of arbitration, mediation or a judicial settlement conference.
 (3) Within 270 days after filing an action described in subsection (5) of this section, the parties or their attorneys must file a certificate indicating that the parties and attorneys have complied with the requirements of this section.
 (4) The court may impose appropriate sanctions against any party or attorney who:
 (a) Fails to attend an arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section;
 (b) Fails to act in good faith in any arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section;
 (c) Fails to timely submit any documents required for an arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section; or
 (d) Fails to have a person with authority to approve a resolution of the action available at the time of any arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section, unless the party or attorney receives from the court, before the hearing, session or conference commences, an exemption from the requirements of this paragraph.
 (5) The provisions of this section apply to any action in which a claim for damages is made against a health practitioner, as described in ORS 31.740, or against a health care facility, as defined in ORS 442.015, based on negligence, unauthorized rendering of health care or product liability under ORS 30.900 to 30.920.
 Note: Sections 1 to 10, 17 to 19 and 23, chapter 5, Oregon Laws 2013, provide:
 Sec. 1. Definitions. As used in sections 1 to 10 of this 2013 Act:
 (1) "Adverse health care incident" means an objective, definable and unanticipated consequence of patient care that is usually preventable and results in the death of or serious physical injury to the patient.
 (2) "Health care facility" has the meaning given that term in ORS 442.015.
 (3) "Health care provider" means a person practicing within the scope of the person’s license, registration or certification to practice 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 physician under ORS 677.100 to 677.228;
 (d) An emergency medical services provider under ORS chapter 682;
 (e) A podiatric physician and surgeon under ORS 677.820 to 677.840;
 (f) A registered nurse under ORS 678.010 to 678.410;
 (g) A dentist under ORS 679.060 to 679.180;
 (h) A dental hygienist under ORS 680.040 to 680.100;
 (i) A denturist under ORS 680.515 to 680.535;
 (j) An audiologist or speech-language pathologist under ORS 681.250 to 681.350;
 (k) An optometrist under ORS 683.040 to 683.155 and 683.170 to 683.220;
 (L) A chiropractor under ORS 684.040 to 684.105;
 (m) A naturopath under ORS 685.060 to 685.110, 685.125 and 685.135;
 (n) A massage therapist under ORS 687.011 to 687.250;
 (o) A direct entry midwife under ORS 687.405 to 687.495;
 (p) A physical therapist under ORS 688.040 to 688.145;
 (q) A medical imaging licensee under ORS 688.445 to 688.525;
 (r) A pharmacist under ORS 689.151 and 689.225 to 689.285;
 (s) A physician assistant under ORS 677.505 to 677.525; or
 (t) A professional counselor or marriage and family therapist under ORS 675.715 to 675.835.
 (4) "Patient" means the patient or, if the patient is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of sections 1 to 10 of this 2013 Act, the patient’s representative as provided in section 8 of this 2013 Act. [2013 c.5 §1]
 Sec. 2. Notice of adverse health care incident. (1)(a) When an adverse health care incident occurs in a health care facility or a location operated by a health care facility, the health care facility may file a notice of adverse health care incident with the Oregon Patient Safety Commission in the form and manner provided by the commission by rule.
 (b) If a health care facility files a notice of adverse health care incident under this subsection, the health care facility shall provide a copy of the notice to the patient.
 (c) A notice filed under this subsection may not include the name of a health care provider, but the health care facility filing the notice shall notify any health care providers involved in the adverse health care incident of the notice.
 (2)(a) When an adverse health care incident occurs outside of a health care facility or a location operated by a health care facility, the health care provider treating the patient or the employer of the health care provider may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule.
 (b) If a health care provider or employer files a notice of adverse health care incident under this subsection, the health care provider or employer shall provide a copy of the notice to the patient.
 (c) If an employer files the notice under this subsection, the notice may not include the name of the health care provider, but the employer shall notify each health care provider involved in the adverse health care incident of the notice.
 (3) A patient may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule. When the commission receives a notice of adverse health care incident from a patient under this subsection, the commission shall notify all health care facilities and health care providers named in the notice within seven days after receiving the notice.
 (4) A notice of adverse health care incident filed under this section is not:
 (a) A written claim or demand for payment.
 (b) A claim for purposes of ORS 742.400.
 (5) The filing of a notice of adverse health care incident as provided in this section satisfies the notice requirements of ORS 30.275.
 (6) An inmate as defined in ORS 30.642 may not file a notice of adverse health care incident under this section. [2013 c.5 §2]
 Sec. 3. Discussion of adverse health care incident. (1) A health care facility or health care provider who files or is named in a notice of adverse health care incident filed under section 2 of this 2013 Act and the patient involved in the incident may engage in a discussion regarding the incident within the time established by the Oregon Patient Safety Commission by rule.
 (2) The health care facility or health care provider who files or is named in the notice shall notify the patient and all health care facilities and health care providers involved in the adverse health care incident of the date, time and location of the discussion and shall reasonably accommodate all persons that wish to attend.
 (3) The patient and the health care facility or health care provider who files or is named in the notice may include other persons in the discussion.
 (4) Within the time established by the commission by rule, the health care facility or health care provider who files or is named in the notice may:
 (a) Communicate to the patient the steps the health care facility or health care provider will take to prevent future occurrences of the adverse health care incident; and
 (b)(A) Determine that no offer of compensation for the adverse health care incident is warranted and communicate that determination to the patient orally or in writing; or
 (B) Determine that an offer of compensation for the adverse health care incident is warranted and extend that offer in writing to the patient.
 (5) If a health care facility or health care provider makes an offer of compensation under subsection (4) of this section, the facility or provider shall advise the patient of the patient’s right to seek legal advice before accepting the offer.
 (6) Except for offers of compensation extended under subsection (4) of this section, discussions between the health care facility or health care provider and the patient about the amount of compensation offered under subsection (4) of this section must remain oral.
 (7) The health care facility or health care provider and the patient may agree to extend the time limit established by rule of the commission under this section, but a time limit may not be extended to more than 180 days after the notice of adverse health care incident is filed under section 2 of this 2013 Act unless the health care facility or health care provider and the patient also agree to extend the statute of limitations applicable to a negligence claim.
 (8) If the patient accepts an offer of compensation made under subsection (4) of this section, the health care facility or health care provider who made the offer shall notify the commission.
 (9) The commission shall request a report indicating the status of the matter from the person that filed the notice of adverse health care incident under section 2 of this 2013 Act within 180 days after the date the notice was filed. If the matter is not resolved 180 days after the notice was filed, the commission may request additional reports from the person that filed the notice as necessary. [2013 c.5 §3]
 Sec. 4. Discussion communications. (1) As used in this section, "discussion communication" means:
 (a) All communications, written and oral, that are made in the course of a discussion under section 3 of this 2013 Act; and
 (b) All memoranda, work products, documents and other materials that are prepared for or submitted in the course of or in connection with a discussion under section 3 of this 2013 Act.
 (2) Discussion communications and offers of compensation made under section 3 of this 2013 Act:
 (a) Do not constitute an admission of liability.
 (b) Are confidential and may not be disclosed.
 (c) Except as provided in subsection (3) of this section, are not admissible as evidence in any subsequent adjudicatory proceeding and may not be disclosed by the parties in any subsequent adjudicatory proceeding.
 (3)(a) A party may move the court or other decision maker to admit as evidence in a subsequent adjudicatory proceeding a discussion communication that contradicts a statement made during the subsequent adjudicatory proceeding. The court or other decision maker shall allow a discussion communication that contradicts a statement made at a subsequent adjudicatory proceeding into evidence only if the discussion communication is material to the claims presented in the subsequent adjudicatory proceeding.
 (b) A party may not move to admit expressions of regret or apology that are inadmissible under ORS 677.082.
 (4) Communications, memoranda, work products, documents and other materials, otherwise subject to discovery, that were not prepared specifically for use in a discussion under section 3 of this 2013 Act, are not confidential.
 (5) Any communication, memorandum, work product or document that, before its use in a discussion under section 3 of this 2013 Act, was a public record as defined in ORS 192.410 [renumbered 192.311] remains subject to disclosure to the extent provided by ORS 192.410 to 192.505 [series became 192.311 to 192.478].
 (6) The limitations on admissibility and disclosure in subsequent adjudicatory proceedings imposed by this section apply to any subsequent judicial proceeding, administrative proceeding or arbitration proceeding. The limitations on disclosure imposed by this section include disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding, and a person that is prohibited from disclosing information under the provisions of this section may not be compelled to reveal confidential communications or agreements in any discovery conducted as part of a subsequent adjudicatory proceeding. [2013 c.5 §4]
 Sec. 5. Mediation. (1) If a discussion under section 3 of this 2013 Act does not result in the resolution of an adverse health care incident, the patient and the health care facility or health care provider who files or is named in a notice of adverse health care incident filed under section 2 of this 2013 Act may enter into mediation.
 (2) The Oregon Patient Safety Commission shall develop and maintain a panel of qualified individuals to serve as mediators. The parties, by mutual agreement, may choose any mediator from within or outside the panel.
 (3) The parties shall bear the cost of mediation equally unless otherwise mutually agreed.
 (4) Other persons that may participate in the mediation include, but are not limited to:
 (a) Members of the patient’s family, at the discretion of the patient;
 (b) Attorneys for the patient, the health care facility and the health care provider;
 (c) Professional liability insurance carriers;
 (d) Risk management personnel; and
 (e) Any lien holder with an interest in the dispute.
 (5) If a health care facility or health care provider makes an offer of compensation as part of a mediation under this section, the facility or provider shall advise the patient of the patient’s right to seek legal advice before accepting the offer.
 (6) Mediation under this section is subject to ORS 36.210, 36.220, 36.222, 36.224, 36.226, 36.232, 36.234, 36.236 and 36.238. [2013 c.5 §5]
 Sec. 6. Payment and resolution. (1) A payment made to a patient under section 3 of this 2013 Act or as a result of a mediation under section 5 of this 2013 Act is not a payment resulting from a written claim or demand for payment.
 (2) A health care provider or health care facility may require the patient to execute all documents and obtain any necessary court approval to resolve an adverse health care incident. The parties shall negotiate the form of such documents or court approval as necessary. [2013 c.5 §6]
 Sec. 7. Statute of limitations; evidence of offers and payments. (1) The provisions of sections 3 and 5 of this 2013 Act relating to discussion and mediation do not prevent a patient from bringing a civil action for negligence unless the patient signed a release of the claim.
 (2) The statute of limitations applicable to a negligence claim is tolled for 180 days, or another period agreed upon by the patient and the health care facility or health care provider who files or is named in the notice of adverse health care incident filed under section 2 of this 2013 Act, from the date the notice is filed.
 (3) If a civil action based on an adverse health care incident is commenced, the court shall inform the parties of the opportunity to participate in the notice, discussion and mediation process under sections 2, 3 and 5 of this 2013 Act.
 (4) Except as provided in section 4 of this 2013 Act, evidence that a party participated or did not participate in the notice, discussion and mediation process under sections 2, 3 and 5 of this 2013 Act is inadmissible in any adjudicatory proceeding.
 (5) Evidence of an offer of compensation, and the amount, payment or acceptance of any compensation, under section 3 or 5 of this 2013 Act is inadmissible in any adjudicatory proceeding. However, any judgment in favor of the patient must be reduced by the amount of any compensation paid under sections 3 and 5 of this 2013 Act. [2013 c.5 §7]
 Sec. 8. Patient representatives. (1) A patient who is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of sections 1 to 10 of this 2013 Act may be represented for purposes of sections 1 to 10 of this 2013 Act by the first of the persons, in the following order of priority, who can be located upon reasonable effort by the health care facility or health care provider and who is willing to serve as the patient’s representative:
 (a) A guardian of the patient who is authorized to make health care decisions for the patient.
 (b) The spouse of the patient.
 (c) A parent of the patient.
 (d) A majority of the adult children of the patient who can be located.
 (e) A majority of the adult siblings of the patient who can be located.
 (f) An adult friend of the patient.
 (g) A person, other than a health care provider who files or is named in a notice of adverse health care incident under section 2 of this 2013 Act, appointed by a hospital under ORS 127.760.
 (2) The conservator of the patient appointed under ORS chapter 125 may serve as a patient’s representative with the patient’s representative designated under subsection (1) of this section if the conservator’s representation is necessary to consider an offer of compensation under section 3 or 5 of this 2013 Act. [2013 c.5 §8]
 Sec. 9. Duties of Oregon Patient Safety Commission. (1) The Oregon Patient Safety Commission shall make rules establishing requirements and procedures as necessary to implement sections 1 to 10 of this 2013 Act, including, but not limited to:
 (a) Procedures for filing a notice of adverse health care incident under section 2 of this 2013 Act and for conducting discussions and mediations under sections 3 and 5 of this 2013 Act.
 (b) The form of the notice of adverse health care incident under section 2 of this 2013 Act.
 (2) The commission shall use notices of adverse health care incidents filed under section 2 of this 2013 Act to:
 (a) Establish quality improvement techniques to reduce patient care errors that contribute to adverse health care incidents.
 (b) Develop evidence-based prevention practices to improve patient outcomes and disseminate information about those practices.
 (c) Upon the request of a health care facility or health care provider, assist the facility or provider in reducing the frequency of a particular adverse health care incident, including, but not limited to, determining the underlying cause of the incident and providing advice regarding preventing reoccurrence of the incident. [2013 c.5 §9]
 Sec. 10. Use of information by Oregon Patient Safety Commission. (1) The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under section 2 of this 2013 Act to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in section 9 of this 2013 Act. Information disclosed under this subsection may not identify a health care facility, health care provider or patient involved in the adverse health care incident.
 (2) The commission may not disclose any information provided pursuant to a discussion under section 3 of this 2013 Act to a regulatory agency or licensing board.
 (3) The commission may use and disclose information provided pursuant to a discussion under section 3 of this 2013 Act as necessary to assist a health care facility or health care provider involved in an adverse health care incident in determining the cause of and potential mitigation of the incident. If the commission discloses information under this subsection to a person not involved in the incident, the information may not identify a health care facility, health care provider or patient involved in the incident.
 (4) A regulatory agency, licensing board, health care facility, health insurer or credentialing entity may not ask the commission, a health care facility, a health care provider or other person whether a facility or provider has filed a notice of adverse health care incident or use the fact that a notice of adverse health care incident was filed as the basis of disciplinary, regulatory, licensure or credentialing action. This subsection does not prevent a person from using information, if the information is otherwise available, to engage in quality review of patient care or as the basis of imposing a restriction, limitation, loss or denial of privileges on a health care provider or other action against a health care provider based on a finding of medical incompetence, unprofessional conduct, physical incapacity or impairment. [2013 c.5 §10]
 Sec. 17. Task Force on Resolution of Adverse Health Care Incidents. (1) The Task Force on Resolution of Adverse Health Care Incidents is established, consisting of 14 members appointed as follows:
 (a) The President of the Senate shall appoint two members from among members of the Senate as follows:
 (A) One member from the Democratic party.
 (B) One member from the Republican party.
 (b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives as follows:
 (A) One member from the Democratic party.
 (B) One member from the Republican party.
 (c) The Governor shall appoint 10 members, including:
 (A) At least three members who are physicians licensed under ORS chapter 677 and in active practice;
 (B) At least three members who are trial lawyers;
 (C) One member who is a representative of the hospital industry; and
 (D) One member who is an advocate for patient safety.
 (2) The task force shall:
 (a) Evaluate the implementation and effects of sections 1 to 10 of this 2013 Act; and
 (b) Before December 31 of each year, report to an appropriate committee or interim committee of the Legislative Assembly on the implementation and effects of sections 1 to 10 of this 2013 Act.
 (3) The task force may recommend legislation to be introduced to improve the resolution of adverse health care incidents.
 (4) A majority of the voting members of the task force constitutes a quorum for the transaction of business.
 (5) Official action by the task force requires the approval of a majority of the voting members of the task force.
 (6) The Governor shall select one member of the task force to serve as chairperson and another to serve as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of such offices as the Governor determines.
 (7) The term of a member of the task force is four years, but a member serves at the pleasure of the appointing authority. A member may be reappointed. Before the expiration of the term of a member, the appointing authority shall appoint a successor or reappoint the member. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.
 (8) Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.
 (9) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.
 (10) The task force may adopt rules necessary for the operation of the task force.
 (11) The Oregon Patient Safety Commission shall provide staff support to the task force.
 (12) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the commission for purposes of the task force.
 (13) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2013 c.5 §17]
 Sec. 18. Report. On or before October 1, 2018, the Task Force on Resolution of Adverse Health Care Incidents shall report to an appropriate committee or interim committee of the Legislative Assembly. The report must evaluate whether any improvements to the process are necessary. [2013 c.5 §18]
 Sec. 19. Notwithstanding the terms of office specified in section 17 of this 2013 Act, of the members first appointed by the Governor to the Task Force on Resolution of Adverse Health Care Incidents:
 (1) Three shall serve for a term ending June 30, 2014.
 (2) Four shall serve for a term ending June 30, 2015.
 (3) Three shall serve for a term ending June 30, 2016. [2013 c.5 §19]
 Sec. 23. Sections 1 to 10 of this 2013 Act and the amendments to ORS 30.278, 31.250 and 743.056 [renumbered 742.407] by sections 11, 13 and 15 of this 2013 Act apply only to adverse health care incidents that occur on or after the operative date specified in section 21 of this 2013 Act [July 1, 2014]. [2013 c.5 §23]
 Note: Section 20, chapter 5, Oregon Laws 2013, provides:
 Sec. 20. Sections 1 to 10 and 17 to 19 of this 2013 Act are repealed on December 31, 2023.
 [2013 c.5 §20]
 Section 31.300 - Pleading requirements for actions against design professionals.
 (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim against a design professional that arises out of the provision of services within the course and scope of the activities for which the person is registered or licensed may not be filed unless the claimant’s attorney certifies that the attorney has consulted a design professional with similar credentials who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the design professional. The certification must contain a statement that a design professional with similar credentials who is qualified to testify as to the standard of professional skill and care applicable to the alleged facts, is available and willing to testify that:
 (a) The alleged conduct of the design professional failed to meet the standard of professional skill and care ordinarily provided by other design professionals with similar credentials, experience and expertise and practicing under the same or similar circumstances; and
 (b) The alleged conduct was a cause of the claimed damages, losses or other harm.
 (3) In lieu of providing the certification described in subsection (2) of this section, the claimant’s attorney may file with the court at the time of filing a complaint, cross-claim, counterclaim or third-party complaint an affidavit that states:
 (a) The applicable statute of limitations is about to expire;
 (b) The certification required under subsection (2) of this section will be filed within 30 days after filing the complaint, cross-claim, counterclaim or third-party complaint or such longer time as the court may allow for good cause shown; and
 (c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one registered or licensed design professional who is qualified to testify as to the standard of professional skill and care applicable to the alleged facts, as required by subsection (2) of this section.
 (4) Upon motion of the design professional, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any design professional that fails to comply with the requirements of this section.
 (5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a design professional by any plaintiff who:
 (a) Is a design professional, contractor, subcontractor or other person providing labor, materials or services for the real property improvement that is the subject of the claim;
 (b) Is the owner, lessor, lessee, renter or occupier of the real property improvement that is the subject of the claim;
 (c) Is involved in the operation or management of the real property improvement that is the subject of the claim;
 (d) Has contracted with or otherwise employed the design professional; or
 (e) Is a person for whose benefit the design professional performed services. [2003 c.418 §1; 2015 c.610 §1]
 Section 31.350 - Pleading requirements for actions against real estate licensees.
 (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim of professional negligence against a real estate licensee for conduct occurring within the course and scope of the professional real estate activity for which the individual is licensed may not be filed unless the claimant’s attorney certifies that the attorney has consulted a real estate licensee who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the real estate licensee. The certification required by this section must be filed with or be made part of the original complaint, cross-claim, counterclaim or third-party complaint. The certification must contain a statement that a real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, is available and willing to testify that:
 (a) The alleged conduct of the real estate licensee failed to meet the standard of professional care applicable to the real estate licensee in the circumstances alleged; and
 (b) The alleged conduct was a cause of the claimed damages, losses or other harm.
 (3) In lieu of providing the certification described in subsection (2) of this section, the claimant’s attorney may file with the court at the time of filing a complaint, cross-claim, counterclaim or third-party complaint an affidavit that states:
 (a) The applicable statute of limitations is about to expire;
 (b) The certification required under subsection (2) of this section will be filed within 30 days after filing the complaint, cross-claim, counterclaim or third-party complaint or such longer time as the court may allow for good cause shown; and
 (c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, as required by subsection (2) of this section.
 (4) Upon motion of the real estate licensee, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any real estate licensee who fails to comply with the requirements of this section.
 (5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a real estate licensee by any plaintiff who:
 (a) Has contracted with or otherwise employed the real estate licensee; or
 (b) Is a person for whose benefit the real estate licensee performed services. [2005 c.277 §1; 2007 c.319 §25]
 Section 31.360 - Proof required for claim of economic damages in action arising from injury caused by dog.
 (a) The plaintiff need not prove that the owner of the dog could foresee that the dog would cause the injury; and
 (b) The owner of the dog may not assert as a defense that the owner could not foresee that the dog would cause the injury.
 (2) This section does not prevent the owner of a dog that caused an injury from asserting that the dog was provoked, or from asserting any other defense that may be available to the owner.
 (3) This section does not affect the requirements for an award of punitive damages provided in ORS 31.730 (1). [2007 c.402 §1]
 Section 31.550 - "Advance payment" defined.
 Section 31.555 - Effect of advance payment; payment as satisfaction of judgment.
 (2) If judgment is entered against a party who is insured under a policy of liability insurance against such judgment and in favor of a party who has received benefits that have been the basis for a reimbursement payment by such insurer under ORS 742.534, the amount of the judgment shall be reduced by reason of such benefits in the manner provided in subsection (3) of this section.
 (3)(a) The amount of any advance payment referred to in subsection (1) of this section may be submitted by the party making the payment, in the manner provided in ORCP 68 C(4) for the submission of disbursements.
 (b) The amount of any benefits referred to in subsection (2) of this section, diminished in proportion to the amount of negligence attributable to the party in favor of whom the judgment was entered and diminished to an amount no greater than the reimbursement payment made by the insurer under ORS 742.534, may be submitted by the insurer which has made the reimbursement payment, in the manner provided in ORCP 68 C(4) for the submission of disbursements.
 (c) Unless timely objections are filed as provided in ORCP 68 C(4), the court clerk shall apply the amounts claimed pursuant to this subsection in partial satisfaction of the judgment. Such partial satisfaction shall be allowed without regard to whether the party claiming the reduction is otherwise entitled to costs and disbursements in the action. [Formerly 18.510]
 Section 31.560 - Advance payment for death or personal injury not admission of liability; when advance payment made.
 (2) For the purpose of subsection (1) of this section, advance payment is made when payment is made with or to:
 (a) The injured person;
 (b) A person acting on behalf of the injured person with the consent of the injured person; or
 (c) Any other person entitled to recover damages on account of the injury or death of the injured or deceased person. [Formerly 18.520]
 Section 31.565 - Advance payment for property damage not admission of liability.
 Section 31.580 - Effect of collateral benefits.
 (a) Benefits which the party awarded damages, the person injured or that person’s estate is obligated to repay;
 (b) Life insurance or other death benefits;
 (c) Insurance benefits for which the person injured or deceased or members of that person’s family paid premiums; and
 (d) Retirement, disability and pension plan benefits, and federal Social Security benefits.
 (2) Evidence of the benefit described in subsection (1) of this section and the cost of obtaining it is not admissible at trial, but shall be received by the court by affidavit submitted after the verdict by any party to the action. [Formerly 18.580]
 Section 31.600 - Contributory negligence not bar to recovery; comparative negligence standard; third party complaints.
 (2) The trier of fact shall compare the fault of the claimant with the fault of any party against whom recovery is sought, the fault of third party defendants who are liable in tort to the claimant, and the fault of any person with whom the claimant has settled. The failure of a claimant to make a direct claim against a third party defendant does not affect the requirement that the fault of the third party defendant be considered by the trier of fact under this subsection. Except for persons who have settled with the claimant, there shall be no comparison of fault with any person:
 (a) Who is immune from liability to the claimant;
 (b) Who is not subject to the jurisdiction of the court; or
 (c) Who is not subject to action because the claim is barred by a statute of limitation or statute of ultimate repose.
 (3) A defendant who files a third party complaint against a person alleged to be at fault in the matter, or who alleges that a person who has settled with the claimant is at fault in the matter, has the burden of proof in establishing:
 (a) The fault of the third party defendant or the fault of the person who settled with the claimant; and
 (b) That the fault of the third party defendant or the person who settled with the claimant was a contributing cause to the injury or death under the law applicable in the matter.
 (4) Any party to an action may seek to establish that the fault of a person should not be considered by the trier of fact by reason that the person does not meet the criteria established by subsection (2) of this section for the consideration of fault by the trier of fact.
 (5) This section does not prevent a party from alleging that the party was not at fault in the matter because the injury or death was the sole and exclusive fault of a person who is not a party in the matter. [Formerly 18.470]
 Section 31.605 - Special questions to trier of fact; jury not to be informed of settlement.
 (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). The degree of each person’s fault so determined shall be expressed as a percentage of the total fault attributable to all persons considered by the trier of fact pursuant to ORS 31.600.
 (2) A jury shall be informed of the legal effect of its answer to the questions listed in subsection (1) of this section.
 (3) The jury shall not be informed of any settlement made by the claimant for damages arising out of the injury or death that is the subject of the action.
 (4) For the purposes of subsection (1) of this section, the court may order that two or more persons be considered a single person for the purpose of determining the degree of fault of the persons specified in ORS 31.600 (2). [Formerly 18.480]
 Section 31.610 - Liability of defendants several only; determination of defendants’ shares of monetary obligation; reallocation of uncollectible obligation; parties exempt from reallocation.
 (2) In any action described in subsection (1) of this section, the court shall determine the award of damages to each claimant in accordance with the percentages of fault determined by the trier of fact under ORS 31.605 and shall enter judgment against each party determined to be liable. The court shall enter a judgment in favor of the plaintiff against any third party defendant who is found to be liable in any degree, even if the plaintiff did not make a direct claim against the third party defendant. The several liability of each defendant and third party defendant shall be set out separately in the judgment, based on the percentages of fault determined by the trier of fact under ORS 31.605. The court shall calculate and state in the judgment a monetary amount reflecting the share of the obligation of each person specified in ORS 31.600 (2). Each person’s share of the obligation shall be equal to the total amount of the damages found by the trier of fact, with no reduction for amounts paid in settlement of the claim or by way of contribution, multiplied by the percentage of fault determined for the person by the trier of fact under ORS 31.605.
 (3) Upon motion made not later than one year after judgment has become final by lapse of time for appeal or after appellate review, the court shall determine whether all or part of a party’s share of the obligation determined under subsection (2) of this section is uncollectible. If the court determines that all or part of any party’s share of the obligation is uncollectible, the court shall reallocate any uncollectible share among the other parties. The reallocation shall be made on the basis of each party’s respective percentage of fault determined by the trier of fact under ORS 31.605. The claimant’s share of the reallocation shall be based on any percentage of fault determined to be attributable to the claimant by the trier of fact under ORS 31.605, plus any percentage of fault attributable to a person who has settled with the claimant. Reallocation of obligations under this subsection does not affect any right to contribution from the party whose share of the obligation is determined to be uncollectible. Unless the party has entered into a covenant not to sue or not to enforce a judgment with the claimant, reallocation under this subsection does not affect continuing liability on the judgment to the claimant by the party whose share of the obligation is determined to be uncollectible.
 (4) Notwithstanding subsection (3) of this section, a party’s share of the obligation to a claimant may not be increased by reason of reallocation under subsection (3) of this section if:
 (a) The percentage of fault of the claimant is equal to or greater than the percentage of fault of the party as determined by the trier of fact under ORS 31.605; or
 (b) The percentage of fault of the party is 25 percent or less as determined by the trier of fact under ORS 31.605.
 (5) If any party’s share of the obligation to a claimant is not increased by reason of the application of subsection (4) of this section, the amount of that party’s share of the reallocation shall be considered uncollectible and shall be reallocated among all other parties who are not subject to subsection (4) of this section, including the claimant, in the same manner as otherwise provided for reallocation under subsection (3) of this section.
 (6) This section does not apply to:
 (a) A civil action resulting from the violation of a standard established by Oregon or federal statute, rule or regulation for the spill, release or disposal of any hazardous waste, as defined in ORS 466.005, hazardous substance, as defined in ORS 453.005 or radioactive waste, as defined in ORS 469.300.
 (b) A civil action resulting from the violation of Oregon or federal standards for air pollution, as defined in ORS 468A.005 or water pollution, as defined in ORS 468B.005. [Formerly 18.485]
 Section 31.615 - Setoff of damages not allowed.
 Section 31.620 - Doctrines of last clear chance and implied assumption of risk abolished.
 (2) The doctrine of implied assumption of the risk is abolished. [Formerly 18.475]
 Section 31.700 - Right to include medical expenses paid by parent or conservator in action to recover for damages to child; effect of consent to inclusion.
 (2)(a) If the consent is filed as provided in subsection (1) of this section and the court allows the filing by a guardian ad litem, no court shall entertain a cause of action by the parent, parents or conservator for doctor, hospital or medical expenses caused by the injury.
 (b) If the consent is filed as provided in subsection (1) of this section and the filing is by a conservator, no court shall entertain a cause of action by the parent or parents for doctor, hospital or medical expenses caused by the injury. [Formerly 30.810; 2015 c.213 §1]
 Section 31.705 - Economic and noneconomic damages separately set forth in verdict.
 Section 31.710 - Noneconomic damages; award; limit; "economic damages" and "noneconomic damages" defined.
 (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 and rehabilitative services and other health care services, burial and memorial expenses, loss of income and past and future impairment of earning capacity, reasonable and necessary expenses incurred for substitute domestic services, recurring loss to an estate, damage to reputation that is economically verifiable, reasonable and necessarily incurred costs due to loss of use of property and reasonable costs incurred for repair or for replacement of damaged property, whichever is less.
 (b) "Noneconomic damages" means subjective, nonmonetary losses, including but not limited to pain, mental suffering, emotional distress, humiliation, injury to reputation, loss of care, comfort, companionship and society, loss of consortium, inconvenience and interference with normal and usual activities apart from gainful employment.
 (3) This section does not apply to punitive damages.
 (4) The jury shall not be advised of the limitation set forth in this section. [Formerly 18.560]
 Section 31.715 - Limitation on recovery of noneconomic damages arising out of operation of motor vehicle; uninsured plaintiff; plaintiff driving under influence of intoxicants.
 (2) For the purpose of the limitation on liability established by this section, a person is conclusively presumed to have been in violation of ORS 806.010 or 813.010 if the person is convicted in a criminal proceeding of one or both of those offenses. If the person has not been convicted of violating ORS 806.010 or 813.010, the defendant in the civil action may establish in the civil action, by a preponderance of the evidence, that the plaintiff was in violation of ORS 806.010 or 813.010 at the time the act or omission causing the death or injury occurred.
 (3) The court shall abate a civil action upon the motion of any defendant in the civil action against whom a plaintiff has asserted a claim for noneconomic damages if the defendant alleges that the claim of the plaintiff is subject to the limitation on liability established by this section and:
 (a) A criminal proceeding for a violation of ORS 813.010 has been commenced against the plaintiff in the civil action at the time the motion is made; or
 (b) The district attorney for the county in which the conduct occurred informs the court at the time the motion is made that criminal proceedings for a violation of ORS 813.010 will be commenced against the plaintiff in the civil action.
 (4) The court may order that only the claim that is subject to the limitation on liability established by this section be abated under subsection (3) of this section. An abatement under subsection (3) of this section shall remain in effect until the conclusion of the criminal proceedings.
 (5) The limitation on liability established by this section does not apply if:
 (a) The defendant in the civil action was also in violation of ORS 806.010 or 813.010 at the time the act or omission causing the death or injury occurred;
 (b) The death or injury resulted from acts or omissions of the defendant that constituted an intentional tort;
 (c) The defendant was engaged in conduct that would constitute a violation of ORS 811.140 at the time the act or omission causing the death or injury occurred; or
 (d) The defendant was engaged in conduct that would constitute a felony at the time the act or omission causing the death or injury occurred.
 (6) The limitation on liability established by this section based on a violation of ORS 806.010 does not apply if the plaintiff in the civil action was insured under a motor vehicle liability insurance policy within 180 days before the act or omission occurred, and the plaintiff has not operated a motor vehicle in violation of ORS 806.010 within the one-year period immediately preceding the date on which coverage under the motor vehicle liability insurance policy lapsed. [Formerly 18.592]
 Section 31.725 - Pleading punitive damages; motion to amend pleading to assert claim for punitive damages; hearing.
 (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 pleading is filed, a party may move the court to allow the party to amend the pleading to assert a claim for punitive damages. The party making the motion may submit affidavits and documentation supporting the claim for punitive damages. The party or parties opposing the motion may submit opposing affidavits and documentation.
 (3) The court shall deny a motion to amend a pleading made under the provisions of this section if:
 (a) The court determines that the affidavits and supporting documentation submitted by the party seeking punitive damages fail to set forth specific facts supported by admissible evidence adequate to avoid the granting of a motion for a directed verdict to the party opposing the motion on the issue of punitive damages in a trial of the matter; or
 (b) The party opposing the motion establishes that the timing of the motion to amend prejudices the party’s ability to defend against the claim for punitive damages.
 (4) The court may grant a continuance on a motion under this section to allow a party opposing the motion to conduct such discovery as is necessary to establish one of the grounds for denial of the motion specified in subsection (3) of this section. If the court grants the motion, the court may continue the action to allow such discovery as the defendant may require to defend against the claim for punitive damages.
 (5) Subject to subsection (4) of this section, the court shall conduct a hearing on a motion filed under this section not more than 30 days after the motion is filed and served. The court shall issue a decision within 10 days after the hearing. If no decision is issued within 10 days, the motion shall be considered denied.
 (6) Discovery of evidence of a defendant’s ability to pay shall not be allowed by a court unless and until the court grants a motion to amend a pleading under this section. [Formerly 18.535]
 Section 31.730 - Standards for award of punitive damages; required review of award by court; additional reduction of award for remedial measures.
 (2) If an award of punitive damages is made by a jury, the court shall review the award to determine whether the award is within the range of damages that a rational juror would be entitled to award based on the record as a whole, viewing the statutory and common-law factors that allow an award of punitive damages for the specific type of claim at issue in the proceeding.
 (3) In addition to any reduction that may be made under subsection (2) of this section, upon the motion of a defendant the court may reduce the amount of any judgment requiring the payment of punitive damages entered against the defendant if the defendant establishes that the defendant has taken remedial measures that are reasonable under the circumstances to prevent reoccurrence of the conduct that gave rise to the claim for punitive damages. In reducing awards of punitive damages under the provisions of this subsection, the court shall consider the amount of any previous judgment for punitive damages entered against the same defendant for the same conduct giving rise to a claim for punitive damages. [Formerly 18.537]
 Section 31.735 - Distribution of punitive damages; notice to Department of Justice; order of application.
 (a) Thirty percent is payable to the prevailing party. The attorney for the prevailing party shall be paid out of the amount allocated under this paragraph, in the amount agreed upon between the attorney and the prevailing party. However, in no event may more than 20 percent of the amount awarded as punitive damages be paid to the attorney for the prevailing party.
 (b) Sixty percent is payable to the Attorney General for deposit in the Criminal Injuries Compensation Account of the Department of Justice Crime Victims’ Assistance Section, and may be used only for the purposes set forth in ORS chapter 147. However, if the prevailing party is a public entity, the amount otherwise payable to the Criminal Injuries Compensation Account shall be paid to the general fund of the public entity.
 (c) Ten percent is payable to the Attorney General for deposit in the State Court Facilities and Security Account established under ORS 1.178, and may be used only for the purposes specified in ORS 1.178 (2)(d).
 (2) The party preparing the proposed judgment shall assure that the judgment identifies the judgment creditors specified in subsection (1) of this section.
 (3) Upon the entry of a verdict including an award of punitive damages, the prevailing party shall provide notice of the verdict to the Department of Justice. In addition, upon entry of a judgment based on a verdict that includes an award of punitive damages, the prevailing party shall provide notice of the judgment to the Department of Justice. The notices required under this subsection must be in writing and must be delivered to the Department of Justice Crime Victims’ Assistance Section in Salem, Oregon within five days after the entry of the verdict or judgment.
 (4) Whenever a judgment includes both compensatory and punitive damages, any payment on the judgment by or on behalf of any defendant, whether voluntary or by execution or otherwise, shall be applied first to compensatory damages, costs and court-awarded attorney fees awarded against that defendant and then to punitive damages awarded against that defendant unless all affected parties, including the Department of Justice, expressly agree otherwise, or unless that application is contrary to the express terms of the judgment.
 (5) Whenever any judgment creditor of a judgment which includes punitive damages governed by this section receives any payment on the judgment by or on behalf of any defendant, the judgment creditor receiving the payment shall notify the attorney for the other judgment creditors and all sums collected shall be applied as required by subsections (1) and (4) of this section, unless all affected parties, including the Department of Justice, expressly agree otherwise, or unless that application is contrary to the express terms of the judgment. [Formerly 18.540; 2011 c.597 §311; 2011 c.689 §1]
 Note: Section 3, chapter 689, Oregon Laws 2011, provides:
 Sec. 3. The amendments to ORS 31.735 by section 1 of this 2011 Act apply only to causes of action that arise on or after the effective date of this 2011 Act [August 2, 2011]. [2011 c.689 §3]
 Section 31.740 - When award of punitive damages against health practitioner prohibited.
 (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 regulated social worker under ORS 675.510 to 675.600;
 (d) A physician under ORS 677.100 to 677.228 or 677.805 to 677.840;
 (e) An emergency medical services provider under ORS chapter 682;
 (f) A nurse under ORS 678.040 to 678.101;
 (g) A nurse practitioner under ORS 678.375 to 678.390;
 (h) A dentist under ORS 679.060 to 679.180;
 (i) A dental hygienist under ORS 680.040 to 680.100;
 (j) A denturist under ORS 680.515 to 680.535;
 (k) An audiologist or speech-language pathologist under ORS 681.250 to 681.350;
 (L) An optometrist under ORS 683.040 to 683.155 and 683.170 to 683.220;
 (m) A chiropractor under ORS 684.040 to 684.105;
 (n) A naturopath under ORS 685.060 to 685.110, 685.125 and 685.135;
 (o) A massage therapist under ORS 687.011 to 687.250;
 (p) A physical therapist under ORS 688.040 to 688.145;
 (q) A medical imaging licensee under ORS 688.445 to 688.525;
 (r) A pharmacist under ORS 689.151 and 689.225 to 689.285;
 (s) A physician assistant as provided by ORS 677.505 to 677.525; or
 (t) A professional counselor or marriage and family therapist under ORS 675.715 to 675.835; and
 (2) The health practitioner was engaged in conduct regulated by the license, registration or certificate issued by the appropriate governing body and was acting within the scope of practice for which the license, registration or certificate was issued and without malice. [Formerly 18.550; 2005 c.366 §4; 2009 c.442 §27; 2009 c.833 §26; 2011 c.396 §1; 2011 c.703 §20; 2013 c.129 §20]
 Note: Section 2, chapter 396, Oregon Laws 2011, provides:
 Sec. 2. The amendments to ORS 31.740 by section 1 of this 2011 Act apply only to causes of action that arise on or after the effective date of this 2011 Act [January 1, 2012]. [2011 c.396 §2]
 Section 31.760 - Evidence of nonuse of safety belt or harness to mitigate damages.
 (2) Subsection (1) of this section shall not apply to:
 (a) Actions brought under ORS 30.900 to 30.920; or
 (b) Actions to recover damages for personal injuries arising out of a motor vehicle accident when nonuse of a safety belt or harness is a substantial contributing cause of the accident itself. [Formerly 18.590]
 Section 31.800 - Right of contribution among joint tortfeasors; limitations; subrogation of insurer; effect on indemnity right.
 (2) The right of contribution exists only in favor of a tortfeasor who has paid more than a proportional share of the common liability, and the total recovery of the tortfeasor is limited to the amount paid by the tortfeasor in excess of the proportional share. No tortfeasor is compelled to make contribution beyond the proportional share of the tortfeasor of the entire liability.
 (3) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what is reasonable.
 (4) A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor’s right of contribution to the extent of the amount it has paid in excess of the tortfeasor’s proportional share of the common liability. This subsection does not limit or impair any right of subrogation arising from any other relationship.
 (5) This section does not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of the indemnity obligation.
 (6) This section shall not apply to breaches of trust or of other fiduciary obligation. [Formerly 18.440]
 Section 31.805 - Basis for proportional shares of tortfeasors.
 (2) If equity requires, the collective liability of some as a group shall constitute a single share. Principles of equity applicable to contribution generally shall apply. [Formerly 18.445]
 Section 31.810 - Enforcement of right of contribution; commencement of separate action; barring right of contribution; effect of satisfaction of judgment.
 (2) Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.
 (3) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within two years after the judgment has become final by lapse of time for appeal or after appellate review.
 (4) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the right of contribution of that tortfeasor is barred unless the tortfeasor has either:
 (a) Discharged by payment the common liability within the statute of limitations period applicable to claimant’s right of action against the tortfeasor and has commenced action for contribution within two years after payment; or
 (b) Agreed while action is pending against the tortfeasor to discharge the common liability and has within two years after the agreement paid the liability and commenced action for contribution.
 (5) The running of the statute of limitations applicable to a claimant’s right of recovery against a tortfeasor shall not operate to bar recovery of contribution against the tortfeasor or the claimant’s right of recovery against a tortfeasor specified in ORS 31.600 (2) who has been made a party by another tortfeasor.
 (6) The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
 (7) The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution. [Formerly 18.450]
 Section 31.815 - Covenant not to sue; effect; notice.
 (a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide; but the claimant’s claim against all other persons specified in ORS 31.600 (2) for the injury or wrongful death is reduced by the share of the obligation of the tortfeasor who is given the covenant, as determined under ORS 31.605 and 31.610; and
 (b) It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
 (2) When a covenant described in subsection (1) of this section is given, the claimant shall give notice of all of the terms of the covenant to all persons against whom the claimant makes claims. [Formerly 18.455]
 Section 31.820 - Severability.
 Section 31.825 - Assignment of cause of action against insurer.
 Section 31.850
 Section 31.855
 Section 31.860
 Section 31.862
 Section 31.865
 Section 31.870
 Section 31.872
 Section 31.875
 Section 31.878
 Section 31.880
 Section 31.885
 Section 31.890
 Section 31.980 - Action for alienation of affections abolished.
 Section 31.982 - Action for criminal conversation abolished.
 Chapter 032 - (Former Provisions)
 Chapter 033 - Special Proceedings and Procedures
 Section 33.015 - Definitions for 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 with the administration of justice, or that impairs the respect due the court.
 (b) Disobedience of, resistance to or obstruction of the court’s authority, process, orders or judgments.
 (c) Refusal as a witness to appear, be sworn or answer a question contrary to an order of the court.
 (d) Refusal to produce a record, document or other object contrary to an order of the court.
 (e) Violation of a statutory provision that specifically subjects the person to the contempt power of the court.
 (3) "Punitive sanction" means a sanction imposed to punish a past contempt of court.
 (4) "Remedial sanction" means a sanction imposed to terminate a continuing contempt of court or to compensate for injury, damage or costs resulting from a past or continuing contempt of court. [1991 c.724 §1; 2005 c.22 §23]
 Section 33.025 - Nature of contempt power; entity defendants.
 (2) An entity is liable for contempt if:
 (a) The conduct constituting contempt is engaged in by an agent of the entity while acting within the scope of employment and on behalf of the entity;
 (b) The conduct constituting contempt consists of an omission to discharge a specific duty of affirmative performance imposed on an entity by a court; or
 (c) The conduct constituting contempt is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by a high managerial agent of an entity, the board of directors of a corporation, a manager or member of a limited liability company or a partner in a partnership, acting within the scope of employment and on behalf of the entity.
 (3) The high managerial agents of an entity, the board of directors of a corporation, the managers and members of a limited liability company and the partners in a partnership are subject to the contempt powers of a court for contempt by an entity if those persons engage in, authorize, solicit, request, command or knowingly tolerate the conduct constituting contempt.
 (4) As used in this section:
 (a) "Agent" means a person who is authorized to act on behalf of an entity.
 (b) "Entity" has the meaning given that term in ORS 63.001.
 (c) "High managerial agent" means an officer of an entity who exercises authority with respect to the formulation of policy or the supervision in a managerial capacity of subordinate employees, or any other agent in a position of comparable authority.
 (d) "Manager" and "member" have the meaning given those terms in ORS 63.001.
 (e) "Partnership" has the meaning given that term in ORS 67.005. [1991 c.724 §2; 2017 c.153 §1]
 Section 33.035 - Appointed counsel.
 (1) For contempt of a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court, appointment and payment of counsel shall be made as provided in ORS 135.055, 151.216 and 151.219.
 (2) For contempt of a justice court, municipal court or other public body not described in subsection (1) of this section, payment for and appointment of counsel shall be made as otherwise provided by law for the court or public body. [1991 c.724 §3; 2001 c.962 §63]
 Section 33.045 - Types of sanctions.
 (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 definite period that will not be reduced even if the defendant complies with the court’s order or judgment.
 (3) A fine may be remedial or punitive. A fine is:
 (a) Punitive if it is for a past contempt.
 (b) Remedial if it is for continuing contempt and the fine accumulates until the defendant complies with the court’s judgment or order or if the fine may be partially or entirely forgiven when the defendant complies with the court’s judgment or order.
 (4) Any sanction requiring payment of amounts to one of the parties to a proceeding is remedial.
 (5) Any sanction imposed by a court for contempt is in addition to any civil remedy or criminal sanction that may be available as a result of the conduct constituting contempt. In any civil or criminal proceedings arising out of the conduct constituting contempt, the court shall take into consideration any contempt sanctions previously imposed for the same act. [1991 c.724 §4]
 Section 33.055 - Procedure for imposition of remedial sanctions.
 (2) The following persons may initiate the proceeding or, with leave of the court, participate in the proceeding, by filing a motion requesting that defendant be ordered to appear:
 (a) A party aggrieved by an alleged contempt of court.
 (b) A district attorney.
 (c) A city attorney.
 (d) The Attorney General.
 (e) Any other person specifically authorized by statute to seek imposition of sanctions for contempt.
 (3) If the alleged contempt is related to another proceeding, a motion to initiate a proceeding to impose remedial sanctions must be filed in accordance with rules adopted under ORS 33.145.
 (4) The person initiating a proceeding under this section shall file supporting documentation or affidavits sufficient to give defendant notice of the specific acts alleged to constitute contempt.
 (5)(a) The court may issue an order directing the defendant to appear. Except as otherwise provided in paragraph (b) of this subsection, the defendant shall be personally served with the order to appear in the manner provided in ORCP 7 and 9. The court may order service by a method other than personal service or issue an arrest warrant if, based upon motion and supporting affidavit, the court finds that the defendant cannot be personally served.
 (b) The defendant shall be served by substituted service if personal service is waived under ORS 107.835. If personal service is waived under ORS 107.835, the defendant shall be served by the method specified in the waiver.
 (6) The court may impose a remedial sanction only after affording the defendant opportunity for a hearing tried to the court. The defendant may waive the opportunity for a hearing by stipulated order filed with the court.
 (7) A defendant has no right to a jury trial and, except as provided in this section, has only those rights accorded to a defendant in a civil action.
 (8) A defendant is entitled to be represented by counsel. A court shall not impose on a defendant a remedial sanction of confinement unless, before the hearing is held, the defendant is:
 (a) Informed that such sanction may be imposed; and
 (b) Afforded the same right to appointed counsel required in proceedings for the imposition of an equivalent punitive sanction of confinement.
 (9) If the defendant is not represented by counsel when coming before the court, the court shall inform the defendant of the right to counsel, and of the right to appointed counsel if the defendant is entitled to, and financially eligible for, appointed counsel under subsection (8) of this section.
 (10) Inability to comply with an order of the court is an affirmative defense.
 (11) In any proceeding for imposition of a remedial sanction other than confinement, proof of contempt shall be by clear and convincing evidence. In any proceeding for imposition of a remedial sanction of confinement, proof of contempt shall be beyond a reasonable doubt.
 (12) Proceedings under this section are subject to rules adopted under ORS 33.145. Proceedings under this section are not subject to the Oregon Rules of Civil Procedure except as provided in subsection (5) of this section or as may be provided in rules adopted under ORS 33.145. [1991 c.724 §5; 1993 c.448 §7; 2001 c.962 §77; 2005 c.22 §24; 2017 c.252 §1]
 Section 33.065 - Procedure for imposition of punitive sanctions.
 (2) The following persons may initiate the proceeding by an accusatory instrument charging a person with contempt of court and seeking a punitive sanction:
 (a) A city attorney.
 (b) A district attorney.
 (c) The Attorney General.
 (3) If a city attorney, district attorney or Attorney General who regularly appears before the court declines to prosecute a contempt, and the court determines that remedial sanctions would not provide an effective alternative remedy, the court may appoint an attorney who is authorized to practice law in this state, and who is not counsel for an interested party, to prosecute the contempt. The court shall allow reasonable compensation for the appointed attorney’s attendance, to be paid by:
 (a) The Oregon Department of Administrative Services, if the attorney is appointed by the Supreme Court, the Court of Appeals or the Oregon Tax Court;
 (b) The city where the court is located, if the attorney is appointed by a municipal court; and
 (c) The county where the prosecution is initiated, in all other cases.
 (4) The prosecutor may initiate proceedings on the prosecutor’s own initiative, on the request of a party to an action or proceeding or on the request of the court. After the prosecutor files an accusatory instrument, the court may issue any order or warrant necessary to compel the appearance of the defendant.
 (5) Except as otherwise provided by this section, the accusatory instrument is subject to the same requirements and laws applicable to an accusatory instrument in a criminal proceeding, and all proceedings on the accusatory instrument shall be in the manner prescribed for criminal proceedings.
 (6) Except for the right to a jury trial, the defendant is entitled to the constitutional and statutory protections, including the right to appointed counsel, that a defendant would be entitled to in a criminal proceeding in which the fine or term of imprisonment that could be imposed is equivalent to the punitive sanctions sought in the contempt proceeding. This subsection does not affect any right to a jury that may otherwise be created by statute.
 (7) Inability to comply with an order of the court is an affirmative defense. If the defendant proposes to rely in any way on evidence of inability to comply with an order of the court, the defendant shall, not less than five days before the trial of the cause, file and serve upon the city attorney, district attorney or Attorney General prosecuting the contempt a written notice of intent to offer that evidence. If the defendant fails to file and serve the notice, the defendant shall not be permitted to introduce evidence of inability to comply with an order of the court at the trial of the cause unless the court, in its discretion, permits such evidence to be introduced where just cause for failure to file the notice, or to file the notice within the time allowed, is made to appear.
 (8) The court may impose a remedial sanction in addition to or in lieu of a punitive sanction.
 (9) In any proceeding for imposition of a punitive sanction, proof of contempt shall be beyond a reasonable doubt. [1991 c.724 §6; 2001 c.962 §78]
 Section 33.075 - Compelling attendance of defendant.
 (2) A person against whom a complaint has been issued under ORS 33.065 may be cited to appear in lieu of custody as provided in ORS 133.055. If the person fails to appear at the time and place specified in the citation, the court may issue any order or warrant necessary to compel the appearance of the defendant.
 (3) When the court issues a warrant for contempt, the court shall specify a security amount. Unless the defendant pays the security amount upon arrest, the sheriff shall keep the defendant in custody until either a release decision is made by the court or until disposition of the contempt proceedings.
 (4) The defendant shall be discharged from the arrest upon executing and delivering to the sheriff, at any time before the return day of the warrant, a security release or a release agreement as provided in ORS 135.230 to 135.290, to the effect that the defendant will appear on the return day and abide by the order or judgment of the court or officer or pay, as may be directed, the sum specified in the warrant.
 (5) The sheriff shall return the warrant and the security deposit, if any, given to the sheriff by the defendant by the return day specified in the warrant.
 (6) When a warrant for contempt issued under subsection (2) of this section has been returned after having been served and the defendant does not appear on the return day, the court may do either or both of the following:
 (a) Issue another warrant.
 (b) Proceed against the security deposited upon the arrest.
 (7) If the court proceeds against the security under subsection (6) of this section and the sum specified is recovered, the court may award to any party to the action any or all of the money recovered as remedial damages. [1991 c.724 §7; 1993 c.196 §3; 2011 c.597 §119]
 Section 33.085 - Compelling testimony of witness.
 (2) In any case where the person initiating the proceeding is not represented by the district attorney, county counsel or Attorney General, the person initiating the proceeding shall serve a notice of intent to compel testimony on the district attorney of the county where the contempt proceeding is pending and on the Attorney General. The notice shall be served not less than 14 calendar days before any hearing on the motion to compel testimony.
 (3) The notice required by this section shall identify the witness whose testimony the person initiating the proceeding intends to compel and include, if known, the witness’ name, date of birth, residence address and Social Security number, and other pending proceedings or criminal charges involving the witness. The notice shall also include the case name and number of the contempt proceeding and the date, time and place set for any hearing scheduled as provided in ORS 136.617.
 (4) If the person initiating the proceeding fails to serve the required advance notice or fails to serve the notice within the time required, the court shall grant a continuance for not less than 14 calendar days from the date the notice is served to allow the district attorney and Attorney General opportunity to be heard on the matter of compelling testimony. The court may compel testimony under this subsection only after the full notice period and opportunity to be heard, unless before that time the district attorney and Attorney General waive in writing any objection to the motion to compel.
 (5) In any hearing on a motion to compel testimony under this section, the district attorney of the county in which the contempt proceeding is pending and the Attorney General each may appear to present evidence or arguments to support or oppose the motion.
 (6) In lieu of compelling testimony under this section, the court may continue the contempt proceeding until disposition of any criminal action that is pending against the witness whose testimony is sought and that charges the witness with a crime. [1991 c.724 §7a]
 Section 33.096 - Summary imposition of sanction.
 Section 33.105 - Sanctions authorized.
 (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 so long as the contempt continues, or six months, whichever is the shorter period.
 (c) An amount not to exceed $500 or one percent of the defendant’s annual gross income, whichever is greater, for each day the contempt of court continues. The sanction imposed under this paragraph may be imposed as a fine or to compensate a party for the effects of the continuing contempt.
 (d) An order designed to insure compliance with a prior order of the court, including probation.
 (e) Payment of all or part of any attorney fees incurred by a party as the result of a contempt of court.
 (f) A sanction other than the sanctions specified in paragraphs (a) to (e) of this subsection if the court determines that the sanction would be an effective remedy for the contempt.
 (2) Unless otherwise provided by statute, a court may impose one or more of the following punitive sanctions for each separate contempt of court:
 (a) A fine of not more than $500 or one percent of the defendant’s annual gross income, whichever is greater.
 (b) Forfeiture of any proceeds or profits obtained through the contempt.
 (c) Confinement for not more than six months.
 (d) Probation or community service.
 (3) In a summary proceeding under ORS 33.096, a court may impose one or more of the following sanctions for each separate contempt of court:
 (a) A punitive fine of not more than $500;
 (b) Confinement as a punitive sanction for not more than 30 days; or
 (c) Probation or community service.
 (4) The court may impose a punitive sanction for past conduct constituting contempt of court even though similar present conduct is a continuing contempt of court. [1991 c.724 §9]
 Section 33.115 - Referral to another judge.
 Section 33.125 - Appeal.
 (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 the manner provided for appeals in ORS chapter 138. Appeals from judgments imposing sanctions for contempt in municipal courts and justice courts shall be in the manner provided by law for appeals from those courts.
 (3) If a proceeding to impose remedial sanctions is related to another proceeding as described in ORS 33.055 (3) and the court determines, before entry of judgment in the related proceeding, that the defendant is in contempt, the court may suspend impositions of sanctions and entry of judgment on the contempt until entry of judgment in the related proceeding.
 (4) An appeal from a contempt judgment shall not stay any action or proceeding to which the contempt is related. [1991 c.724 §11; 2003 c.576 §233; 2005 c.568 §28; 2017 c.252 §2]
 Section 33.135 - Limitations of actions.
 (2) For the purposes of this section, a proceeding to impose remedial sanctions shall be deemed commenced as to each defendant when the motion provided for in ORS 33.055 is filed.
 (3) Proceedings to impose punitive sanctions are subject to ORS 131.135, 131.145 and 131.155.
 (4) The time limitations imposed by subsection (1) of this section shall not act to bar proceedings to impose sanctions for an act or omission that constitutes a continuing contempt at the time contempt proceedings are commenced. The willful failure of an obligor, as that term is defined in ORS 110.503, to pay a support obligation after that obligation becomes a judgment is a contempt without regard to when the obligation became a judgment.
 (5) Proceedings to impose remedial or punitive sanctions for failure to pay a support obligation by an obligor, as defined in ORS 110.503, shall be commenced within 10 years of the act or omission constituting contempt. [1991 c.724 §12; 2005 c.560 §15; 2015 c.298 §88]
 Section 33.145 - Rules.
 Section 33.155 - Applicability.
 Section 33.210
 Section 33.220
 Section 33.230
 Section 33.240
 Section 33.250
 Section 33.260
 Section 33.270
 Section 33.280
 Section 33.290
 Section 33.300
 Section 33.310
 Section 33.320
 Section 33.330
 Section 33.340
 Section 33.350
 Section 33.360
 Section 33.370
 Section 33.380
 Section 33.390
 Section 33.400
 Section 33.410 - Jurisdiction; grounds.
 Section 33.420 - Notice of application in case of minor child; exception; sealing of record in certain cases.
 (2) Notwithstanding subsection (1) of this section, notice of an application for the change of name of a minor child does not need to be given to a parent of the child if the other parent of the child files a verified statement in the change of name proceeding that asserts that the minor child has not resided with the other parent and that the other parent has not contributed or has not tried to contribute to the support of the child.
 (3)(a) In a case to determine an application for change of name of a person under ORS 33.410, if an applicant who is a certified adult program participant in the Address Confidentiality Program under ORS 192.826 requests the court to seal the record of the case, the court shall seal the record of the case unless the court issues an order pursuant to a finding of good cause under ORS 192.848.
 (b) This subsection does not apply to an adult applicant appearing as a guardian ad litem for a minor child.
 (4) In a case to determine an application for legal change of sex of a person under ORS 33.460, if an applicant requests the court to seal the record of the case, the court shall seal the record of the case. [Amended by 1983 c.369 §6; 1997 c.872 §22; 2001 c.779 §12; 2003 c.576 §308; 2013 c.316 §1; 2017 c.100 §4]
 Section 33.430 - Change of name on record of live birth; court conference with child.
 (2) The evidence upon which the new record of live birth was made, and the original record of live birth, shall be sealed and filed by the State Registrar of the Center for Health Statistics, and may be opened only upon demand of the person whose name was changed, if of legal age, or by an order of a court of competent jurisdiction.
 (3) When a change of name by parents will affect the name of their child under subsection (1) of this section, the court, on its own motion or on request of a child of the parents, may take testimony from or confer with the child and may exclude from the conference the parents and other persons if the court finds that such action would be in the best interests of the child. However, the court shall permit an attorney for the parents to attend the conference, and the conference shall be reported. If the court finds that a change of name would not be in the best interests of the child, the court may provide in the order changing the name of the parents that such change of name shall not affect the child, and a new record of live birth shall not be prepared for the child. [Amended by 1983 c.369 §7; 2005 c.22 §25; 2013 c.366 §51]
 Section 33.440 - Application by minor child; court conference.
 Section 33.460 - Jurisdiction; grounds; procedure.
 (2) The court may order a legal change of sex and enter the judgment in the same manner as that provided for change of name of a person under ORS 33.410.
 (3) If a person applies for a change of name under ORS 33.410 at the time the person applies for a legal change of sex under this section, the court may order change of name and legal change of sex at the same time and in the same proceeding. [1981 c.221 §1; 1997 c.872 §23; 2003 c.576 §309; 2013 c.366 §52; 2017 c.100 §3]
 Section 33.510 - Discharge of surety or letter of credit issuer on application of surety or issuer.
 Section 33.520 - Discharge of surety or letter of credit issuer on application of principal.
 Section 33.530 - Liability of sureties or letter of credit issuer after termination of bond or letter of credit.
 (2) A new surety for a personal representative, guardian or conservator who issues a new bond or irrevocable letter of credit after the termination of a previous bond or irrevocable letter of credit written by another surety or letter of credit issuer for a personal representative, guardian or conservator shall not be liable for any acts or omissions of the personal representative, guardian or conservator which occurred prior to the issuance of the new bond or irrevocable letter of credit. [1983 c.613 §§2,3; 1991 c.331 §13]
 Section 33.610 - Evaluating securities of secured creditor.
 Section 33.710 - Definitions; judicial examination to determine legality of any municipal corporation’s organization and actions.
 (a) "Governing body" means the city council, board of commissioners, board of directors, county court or other managing board of a municipal corporation, including a board managing a municipally owned public utility or a dock commission and the governing board of a public university listed in ORS 352.002.
 (b) "Municipal corporation" means any county, city, port, school district, union high school district, community college district or public university listed in ORS 352.002 with a governing board and all other public or quasi-public corporations, including a municipal utility or dock commission operated by a separate board or commission.
 (2) The governing body may commence a proceeding in the circuit court of the county in which the municipal corporation or the greater part thereof is located, for the purpose of having a judicial examination and judgment of the court as to the regularity and legality of:
 (a) The proceedings in connection with the establishment or creation of the municipal corporation, including any action or proceedings proclaiming the creation of the municipal corporation or declaring the result of any election therein.
 (b) The proceedings of the governing body and of the municipal corporation providing for and authorizing the issue and sale of bonds of the municipal corporation, whether the bonds or any of them have or have not been sold or disposed of.
 (c) Any order of the governing body levying a tax.
 (d) The authorization of any contract and as to the validity of the contract, whether or not it has been executed.
 (e) Any decision of the governing body that raises novel or important legal issues that would be efficiently and effectively resolved by a proceeding before the decision becomes effective, when the decision will:
 (A) Require a significant expenditure of public funds;
 (B) Significantly affect the lives or businesses of a significant number of persons within the boundaries of the governing body; or
 (C) Indirectly impose a significant financial burden on the cost of conducting business within the boundaries of the governing body.
 (f) The authority of the governing body to enact any ordinance, resolution or regulation.
 (g) Any ordinance, resolution or regulation enacted by the governing body, including the constitutionality of the ordinance, resolution or regulation.
 (3) All proceedings of the municipal corporation may be judicially examined and determined in one special proceeding, or any part thereof may be separately examined and determined by the court.
 (4) Nothing in this section allows a governing body to have a judicial examination and judgment of the court without a justiciable controversy. [Amended by 1975 c.133 §1; 2003 c.548 §1; 2013 c.768 §124; 2015 c.767 §46]
 Section 33.720 - Proceeding in rem; practice and procedure as in action not triable by right to jury; service by publication; appeal; costs.
 (2) Jurisdiction of the municipal corporation shall be obtained by the publication of notice directed to the municipal corporation; and jurisdiction of the electors of the municipal corporation shall be obtained by publication of notice directed to all electors, freeholders, taxpayers and other interested persons, without naming such electors, freeholders, taxpayers and other interested persons individually. The notice shall be served on all parties in interest by publication thereof for at least once a week for three successive weeks in a newspaper of general circulation published in the county where the proceeding is pending, or if no such newspaper is published therein, then in a contiguous county. Jurisdiction shall be complete within 10 days after the date of completing publication of the notice as provided in this section.
 (3) Any person interested may at any time before the expiration of the 10 days appear and contest the validity of such proceeding, or of any of the acts or things therein enumerated. Such proceeding shall be tried forthwith and judgment rendered as expeditiously as possible declaring the matter so contested to be either valid or invalid. Any order or judgment in the course of such proceeding may be made and rendered by the judge in vacation or otherwise; and for that purpose, the court shall be deemed at all times to be in session and the act of the judge in making the order or judgment shall be the act of the court.
 (4) Any party may appeal to the Court of Appeals from a judgment rendered in such proceeding. The court, in inquiring into the regularity, legality or correctness of any proceeding of the municipal corporation or its governing body shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties to the special proceeding, and may approve the proceedings in part and may disapprove and declare illegal or invalid in part other or subsequent proceedings, or may approve or disapprove the proceedings, or may approve the proceedings in part and disapprove the remainder thereof.
 (5) Costs of the proceeding may be allowed and apportioned between the parties in the discretion of the court.
 (6) Upon conclusion of a proceeding authorized by ORS 33.710 (2)(b), including any appeal of a judgment, the judgment entered in the proceeding is binding upon the parties and all other persons. Claim preclusion and issue preclusion apply to all matters adjudicated in the proceeding. Except for an action to enforce a judgment, the courts of this state do not have jurisdiction over an action by or against the governing body or municipal corporation named in the judgment if the purpose of the action is to seek judicial review or judicial examination, directly or indirectly, of a matter adjudicated in the proceeding. [Amended by 1975 c.133 §2; 1979 c.284 §69; 2001 c.537 §1; 2003 c.576 §234]
 Section 33.850 - Definitions for ORS 33.850 to 33.875.
 (1) "Annuity issuer" means an insurer that has entered into a contract to fund periodic payments under a structured settlement agreement.
 (2) "Independent professional advice" means advice of an attorney, certified public accountant, actuary, financial advisor or other professional advisor:
 (a) Who is engaged by a payee to render advice concerning the legal, tax or financial implications of a transfer;
 (b) Who is not affiliated with or compensated by the transferee; and
 (c) Whose compensation for providing the advice is not affected by whether a transfer occurs or does not occur.
 (3) "Obligor" means a party that has a continuing obligation to make periodic payments to a payee under a structured settlement agreement or an agreement that provides for a qualified assignment as defined in section 130 of the Internal Revenue Code, as of January 1, 2006.
 (4) "Payee" means an individual who is receiving tax-free payments under a structured settlement agreement and proposes to make a transfer of payment rights.
 (5) "Payment rights" means rights to receive periodic payments under a structured settlement agreement, whether from the obligor or the annuity issuer.
 (6) "Periodic payments" includes both recurring payments and scheduled future lump sum payments.
 (7) "Responsible administrative authority" means a government authority vested by law with exclusive jurisdiction over the original tort claim or workers’ compensation claim that was resolved in a structured settlement agreement.
 (8) "Structured settlement agreement" means an agreement, judgment, stipulation or release embodying the terms of an arrangement for periodic payment of damages from an obligor or an annuity issuer for:
 (a) Personal injuries or sickness established by settlement or judgment in resolution of a tort claim; or
 (b) Periodic payments in settlement of a workers’ compensation claim.
 (9) "Terms of the structured settlement agreement" includes the terms of:
 (a) A structured settlement agreement;
 (b) An annuity contract;
 (c) An agreement that provides for a qualified assignment as defined in section 130 of the Internal Revenue Code, as of January 1, 2006; and
 (d) Any order or other approval of any court, responsible administrative authority or other government authority that authorized or approved the structured settlement agreement.
 (10) "Transfer" means any sale, assignment, pledge or other alienation or encumbrance of payment rights made by a payee for consideration. "Transfer" does not include the creation or perfection of an unspecified security interest in all of the payee’s payment rights entered into with an insured depository institution, or an agent or successor in interests of the insured depository institution, in the absence of any action to redirect the payments under the structured settlement agreement to the insured depository institution or otherwise to enforce a security interest against the payment rights.
 (11) "Transfer agreement" means an agreement providing for a transfer of payment rights.
 (12) "Transferee" means a party acquiring or proposing to acquire payment rights through a transfer agreement. [2005 c.173 §1; 2013 c.736 §1]
 Section 33.855 - Transfer of payment rights; petition; notice.
 (a) The payee is domiciled in this state;
 (b) The domicile or principal place of business of the obligor or the annuity issuer is located in this state;
 (c) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or
 (d) The structured settlement agreement is expressly governed by the laws of this state.
 (2) Prior to transferring payment rights under ORS 33.850 to 33.875, the transferee shall file a petition for approval of the transfer:
 (a) In the county in which the payee resides; or
 (b) In any court or before any responsible administrative authority in this state that approved the structured settlement agreement.
 (3) Not less than 20 days prior to the scheduled hearing on a petition for approval of a transfer of payment rights, the transferee shall send notice of the proposed transfer to:
 (a) The payee;
 (b) Any beneficiary irrevocably designated under the annuity contract to receive payments following the payee’s death;
 (c) The annuity issuer;
 (d) The obligor; and
 (e) Any other party that has continuing rights or obligations under the structured settlement agreement that is the subject of the hearing.
 (4) The notice sent under subsection (3) of this section shall include:
 (a) A copy of the transferee’s petition.
 (b) A copy of the transfer agreement.
 (c) A copy of the disclosure statement provided to the payee as required under ORS 33.860.
 (d) A listing of each person for whom the payee is legally obligated to provide support, including the age of each of those persons.
 (e) Notification that any person receiving notice under subsection (3) of this section is entitled to support, oppose or otherwise respond to the transferee’s petition, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing.
 (f) Notification of the time and place of the hearing.
 (g) Notification of the manner in which and the time by which written responses to the petition must be filed, which shall not be less than 15 days after service of the transferee’s notice, in order to be considered by the court or responsible administrative authority. [2005 c.173 §2; 2013 c.736 §2]
 Section 33.857 - Contents of petition.
 (a) Include the payee’s name, age and county of residence.
 (b) Describe the financial terms of the proposed transfer, including the payment rights to be transferred by the payee and the amount to be received by the payee in return for the transfer.
 (c) Be accompanied by a copy of the transfer agreement.
 (d) Be accompanied by a copy of the disclosure statement required under ORS 33.860, and the signature of the payee acknowledging the payee’s receipt of the disclosure statement.
 (e) Generally describe the reasons why the payee seeks to transfer the payment rights.
 (f) Be accompanied by a declaration under penalty of perjury by the payee:
 (A) Stating whether the payee depends on structured settlement payments or government benefits for the payee’s necessary living expenses or required medical care and treatment.
 (B) Stating whether the payee personally sustained physical injuries or sickness in connection with the incident from which the structured settlement arose and whether the injuries or sickness currently prevents the payee from working or substantially limits the work that the payee can perform.
 (C) Providing a summary of:
 (i) Any prior transfers of structured settlement payments by the payee to the transferee within the five years preceding the date of the pending transfer agreement.
 (ii) Any prior transfers of structured settlement payments by the payee to a person other than the transferee within the five years preceding the date of the pending transfer agreement.
 (iii) Any attempted prior transfers of structured settlement payments by the payee to the transferee or to a person other than the transferee within the year preceding the date of the pending transfer agreement, including any prior attempted transfers that were denied or that were dismissed or withdrawn prior to a decision on the merits of the transfer.
 (D) If the payee has minor children, stating whether the payee is currently obligated to pay child support under any child support order, and whether the payee is current or in arrears under any child support order.
 (2)(a) If the summaries required under subsection (1)(f) of this section describe any prior transfers or attempted transfers of structured settlement payments, the transferee shall, at or before the hearing on the petition:
 (A) Provide to the court or responsible administrative authority a copy of the court orders approving, denying or otherwise relating to the transfers or attempted transfers involving the transferee; and
 (B) Request from the payee or the annuity issuer or obligor under the structured settlement agreement copies of any court orders relating to any transfer or attempted transfer involving the payee and any other party and, if any orders are provided to the transferee, provide a copy of the orders to the court or responsible administrative authority at or before the hearing on the petition.
 (b) The inability of the transferee or payee to provide copies of court orders under this subsection does not preclude the court or responsible administrative authority from approving the proposed transfer, if the court or authority determines that the court orders are not available to the transferee or payee after the transferee and payee have made reasonable requests to obtain the court orders. [2013 c.736 §4]
 Section 33.860 - Disclosure statement.
 (1) The amounts and due dates of the structured settlement payments to be transferred.
 (2) The aggregate amount of the payments to be transferred.
 (3) The discounted present value of the payments and the rate used in calculating the discounted present value. The discounted present value shall be calculated by using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the Internal Revenue Service.
 (4) The amount payable to a payee as the result of a transfer. The amount set forth in this subsection shall be calculated before any reductions are made for transfer expenses required to be listed under subsection (5) of this section or any related disbursements.
 (5) An itemized listing of all applicable transfer expenses and the transferee’s best estimate of the amount of any attorney fees and disbursements. For the purposes of this subsection, "transfer expenses":
 (a) Includes all fees, costs and expenses of a transfer that are required under the transfer agreement to be paid by the payee to the transferee or deducted from the amount payable to a payee as the result of a transfer.
 (b) Does not include preexisting obligations of the payee payable for the payee’s account from the proceeds of a transfer.
 (6) The amount calculated by subtracting the aggregate amount of the actual and estimated transfer expenses required to be listed under subsection (5) of this section from the amount identified in subsection (4) of this section.
 (7) The amount of any penalties or liquidated damages payable by the payee in the event of a breach of the transfer agreement by the payee.
 (8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, before the approval of the transfer by the court or responsible administrative authority.
 (9) A statement that the payee is entitled to, and should, seek independent professional advice regarding the proposed transfer.
 (10) A statement that transferring payment rights may or may not be financially appropriate for the payee and the payee should not proceed without first weighing and considering other offers and alternate means of obtaining funds through borrowing or the sale of other assets.
 (11) A statement that the transferee’s attorney does not represent the payee in connection with the proposed transfer.
 (12) A statement that the court or responsible administrative authority may require the payee to seek independent professional advice and that the expenses for the independent professional advice may be paid out of the amount paid by the transferee to the payee. [2005 c.173 §3; 2013 c.736 §6]
 Section 33.862 - Information that may be requested at hearing.
 (1) The payee’s marital status and, if married or separated, the name of the payee’s spouse.
 (2) The names, ages and place or places of residence of any minor children or other dependents of the payee.
 (3) The amounts and sources of the payee’s monthly income and, if the payee is married, the amounts and sources of the payee’s spouse’s monthly income.
 (4) If the payee has minor children, whether the payee is currently obligated to pay child support under any child support order, whether the payee is current or in arrears under any child support order and the names, addresses and telephone numbers of any persons or agencies receiving child support from the payee under the order.
 (5) Whether the payee depends on the structured settlement payments that the payee proposes to transfer for the payee’s necessary living expenses or required medical care and treatment. [2013 c.736 §5]
 Section 33.865 - Required findings by court or responsible administrative authority.
 (a) The transfer is in the best interest of the payee, taking into account the welfare and support of all persons for whom the payee is legally obligated to provide support.
 (b) The payee has been advised in writing by the transferee to seek independent professional advice and the payee has either received independent professional advice regarding the transfer or knowingly waived independent professional advice in writing.
 (c) The transfer does not contravene any applicable statute or order of any court or other government authority.
 (d) The payee understands the transfer agreement, the disclosure statement required under ORS 33.860 and the financial terms of the transfer.
 (e) The payee understands the payee’s right to cancel the transfer agreement as set forth in the disclosure statement required by ORS 33.860 and knowingly elected not to cancel the transfer agreement.
 (f) The payee confirmed to the court or responsible administrative authority at the hearing that the payee wanted the court or authority to approve the proposed transfer and understood that the court or authority would not approve the transfer if the payee did not want the court or authority to do so.
 (2) When determining whether the proposed transfer should be approved, including whether the transfer agreement is fair, reasonable and in the payee’s best interest, the court or responsible administrative authority may consider all relevant information, including information contained in the petition and any other document that is filed with the court or authority and provided at the hearing. Relevant information that may be considered under this subsection includes, but is not limited to:
 (a) The reasonable preference and desire of the payee to complete the proposed transfer, taking into account the payee’s age and apparent maturity level.
 (b) The purpose of the transfer and the intended use of the proceeds by the payee.
 (c) The payee’s financial situation.
 (d) Whether the payee depends on the structured settlement payments that the payee proposes to transfer for the payee’s necessary living expenses or required medical care and treatment.
 (e) Whether the payee is employed or employable.
 (f) The terms of the transfer agreement, including whether the payee is transferring monthly or lump sum payments or all or a portion of the payee’s future payments, the size of the transaction and the financial alternatives available to the payee to achieve the payee’s stated objectives.
 (g) Whether the payee has experienced a change in personal, family or financial circumstances.
 (h) Whether the payee has income or support other than the future periodic payments sufficient to meet the payee’s future financial obligations for support of the payee’s dependents, including child support obligations.
 (i) Whether the terms of the proposed transfer agreement, including the amount to be paid to the payee and the expenses and costs of the transfer for the payee and the transferee are fair and reasonable.
 (j) Whether the payee has completed or attempted previous transfers of payment rights.
 (k) Whether the payee, or the payee’s family or dependents, may suffer personal, family or financial hardship if the transfer is not approved.
 (L) Whether the payee received independent professional advice regarding the transaction. [2005 c.173 §4; 2013 c.736 §7]
 Section 33.870 - Liability of parties after transfer.
 (1) The obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from all liability for the transferred payments.
 (2) The transferee shall be liable to the obligor and the annuity issuer:
 (a) If the transfer contravenes the terms of the structured settlement agreement, for any taxes incurred by the parties as a consequence of the transfer; and
 (b) For any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee’s failure to comply with ORS 33.850 to 33.875.
 (3) An annuity issuer or an obligor may not be required to divide any periodic payments between the payee and any transferee or assignee or between two or more transferees or assignees.
 (4) Any further transfer of payment rights by the payee may be made only after compliance with all of the requirements of ORS 33.850 to 33.875. [2005 c.173 §5]
 Section 33.875 - Limitations on transfers.
 (2) A transfer agreement entered into on or after January 1, 2006, by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined under the laws of this state. A transfer agreement may not authorize the transferee or any other party to confess judgment or consent to entry to judgment against the payee.
 (3) A transfer of payment rights may not extend to any payments that are life contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the obligor for:
 (a) Periodically confirming the payee’s survival.
 (b) Giving the annuity issuer and the obligor prompt written notice in the event of the payee’s death.
 (4) A payee who proposes to make a transfer of payment rights does not incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or a assignee based on any failure of the transfer to satisfy the conditions of ORS 33.850 to 33.875.
 (5) Nothing in ORS 33.850 to 33.875 shall be construed to authorize a transfer of payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to January 1, 2006, is valid or invalid.
 (6) Compliance with the requirements of ORS 33.850 to 33.875 is solely the responsibility of the transferee in any transfer of payment rights, and neither the obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions. [2005 c.173 §6; 2013 c.736 §8]
 Chapter 034 - Writs
 Section 34.010 - Former writ of certiorari as writ of review.
 Section 34.020 - Who may obtain review; intermediate orders reviewable.
 Section 34.030 - Jurisdiction to grant writ; petition for writ; time limit.
 Section 34.040 - When allowed.
 (a) Exceeded its jurisdiction;
 (b) Failed to follow the procedure applicable to the matter before it;
 (c) Made a finding or order not supported by substantial evidence in the whole record;
 (d) Improperly construed the applicable law; or
 (e) Rendered a decision that is unconstitutional.
 (2) The fact that the right of appeal exists is no bar to the issuance of the writ. [Amended by 1965 c.292 §1; 1973 c.561 §1; 1979 c.772 §13; 1995 c.79 §12; 1995 c.658 §29]
 Section 34.050 - Plaintiff’s undertaking.
 Section 34.060 - To whom directed; return.
 Section 34.070 - Stay of proceedings.
 Section 34.080 - Issuance and service of writ.
 Section 34.090 - Order for further return.
 Section 34.100 - Power of court on review; appeal.
 Section 34.102 - Review of decisions of municipal corporations; transfers between circuit court and Land Use Board of Appeals; limitations.
 (2) Except for a proceeding resulting in a land use decision or limited land use decision as defined in ORS 197.015, for which review is provided in ORS 197.830 to 197.845, or an expedited land division as described in ORS 197.360, for which review is provided in ORS 197.375 (8), the decisions of the governing body of a municipal corporation acting in a judicial or quasi-judicial capacity and made in the transaction of municipal corporation business shall be reviewed only as provided in ORS 34.010 to 34.100, and not otherwise.
 (3) A petition for writ of review filed in the circuit court and requesting review of a land use decision or limited land use decision as defined in ORS 197.015 of a municipal corporation shall be transferred to the Land Use Board of Appeals and treated as a notice of intent to appeal if the petition was filed within the time allowed for filing a notice of intent to appeal pursuant to ORS 197.830. If the petition was not filed within the time allowed by ORS 197.830, the court shall dismiss the petition.
 (4) A notice of intent to appeal filed with the Land Use Board of Appeals pursuant to ORS 197.830 and requesting review of a decision of a municipal corporation made in the transaction of municipal corporation business that is not reviewable as a land use decision or limited land use decision as defined in ORS 197.015 shall be transferred to the circuit court and treated as a petition for writ of review. If the notice was not filed with the board within the time allowed for filing a petition for writ of review pursuant to ORS 34.010 to 34.100, the court shall dismiss the petition.
 (5) In any case in which the Land Use Board of Appeals or circuit court to which a petition or notice is transferred under subsection (3) or (4) of this section disputes whether it has authority to review the decision with which the petition or notice is concerned, the board or court before which the matter is pending shall refer the question of whether the board or court has authority to review to the Court of Appeals, which shall decide the question in a summary manner. [Formerly 19.230]
 Note: 34.102 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 34 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 34.105 - Definitions for ORS 34.105 to 34.240.
 (1) "Adverse party" means a beneficially interested party to a judicial or administrative proceeding from which a mandamus proceeding arises, whose interests are adverse to the relator.
 (2) "Counsel for defendant" means the attorney who appears on behalf of the defendant in a mandamus proceeding as provided in ORS 34.130 (4).
 (3) "Defendant" means the court, corporation, board, officer or person against whom relief is sought in a mandamus proceeding.
 (4) "Relator" means the beneficially interested party on whose relation a mandamus proceeding is brought. [1989 c.702 §2]
 Section 34.110 - When and to whom writ issued.
 Section 34.120 - Courts having jurisdiction.
 (2) The regular division of the Oregon Tax Court or judge thereof shall have jurisdiction in mandamus proceedings in all cases involving tax laws as described in ORS 305.410, and the Supreme Court may take original jurisdiction in mandamus proceedings as provided in section 2 of amended Article VII of the Oregon Constitution. [Amended by 1965 c.6 §10; 1999 c.340 §6; 1999 c.533 §1]
 Section 34.130 - Petition for writ; service; order of allowance; intervention.
 (2) The relator shall serve a copy of the petition on the defendant and, if the mandamus proceeding arises from a judicial or administrative proceeding, on all parties to such proceeding. Service of the petition on the defendant and adverse parties is sufficient if it complies with ORCP 9 B. The court in its discretion may act on a petition regardless of defects in the service of the petition on any adverse party, and the petition may be allowed with or without notice to the adverse party, as in a writ of review proceeding.
 (3) Except as to a petition filed in the Supreme Court, the writ shall be allowed by the court or judge thereof on the petition. On the filing of the order of allowance, the clerk or court administrator forthwith shall issue the writ in accordance with the petition. The clerk or court administrator may require the relator to provide a form of writ in accordance with the petition.
 (4)(a) Except as provided in paragraph (b) of this subsection, at any time in the course of a mandamus action until the return date of the alternative writ, any adverse party may intervene in the mandamus proceeding as matter of right. At any time subsequent to the return date of the alternative writ, the court in its discretion may allow an adverse party to intervene. With the consent of the defendant and, if the defendant is a judge of the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court, subject to ORS 1.550 and 1.560, the attorney for an adverse party may appear on behalf of the defendant.
 (b) For a petition filed pursuant to ORS 215.429 or 227.179, a motion to intervene must be filed with the court within 21 days of the date the petition was filed under subsection (1) of this section.
 (5) The filing or allowance of a petition for a writ of mandamus does not stay any judicial or administrative proceeding from which the mandamus proceeding may arise, but the court in its discretion may stay such proceeding. [Amended by 1971 c.193 §27; 1989 c.702 §3; 1999 c.533 §2]
 Section 34.140 - Direction and service of writ; proof of service; enforcing obedience to writ.
 (2) Obedience to the writ may be enforced in such manner as the court or judge thereof shall direct. [Amended by 1989 c.702 §4]
 Section 34.150 - Peremptory and alternative writs; form.
 (2) When in the alternative, the writ shall:
 (a) State concisely the facts, according to the petition, showing:
 (A) The obligation of the defendant to perform the act; and
 (B) The omission of the defendant to perform the act;
 (b) Command that the defendant, immediately after the receipt of the writ, or at some other specified time:
 (A) Perform the act required to be performed; or
 (B) Show cause before the court or judge thereof, by whom the writ was allowed, at a time and place therein specified, why the defendant has not done so; and
 (c) Command that the defendant then and there return the writ, with the certificate of the defendant annexed, of having done as the defendant is commanded, or the cause of omission thereof.
 (3) When peremptory, the writ shall be in a form similar to that described in subsection (2) of this section, except that the words requiring the defendant to show cause why the defendant has not done as commanded, and to return the cause therefor, shall be omitted. [Amended by 2005 c.22 §26]
 Section 34.160 - Allowance of peremptory writ in first instance.
 Section 34.170 - Answer or motion to dismiss by defendant.
 Section 34.180 - Failure to answer or move for dismissal; additional pleadings.
 Section 34.190 - Other pleadings; construction and amendment of pleadings; motions; manner of trial.
 Section 34.200 - Allowance and trial in Supreme Court.
 Section 34.210 - Recovery of damages; attorney fees, costs and disbursements.
 (2) The court in its discretion may designate a prevailing party and award attorney fees, costs and disbursements to the prevailing party, but no attorney fees, costs and disbursements shall be awarded against a judge as a defendant in a mandamus action for any action taken in the judge’s official capacity. Attorney fees, costs and disbursements may only be awarded against adverse parties who have been served with the petition and writ. [Amended by 1989 c.702 §5]
 Section 34.220 - Recovery as a bar.
 Section 34.230 - Imposition of fine; payment as bar.
 Section 34.240 - Appeal.
 Section 34.250 - Certain mandamus proceedings under Supreme Court’s original jurisdiction.
 (2) The case title of a petition in a mandamus proceeding that is subject to this section must be the same as the case title of the proceeding in the lower court, except that the relator must be designated as "relator" in addition to the relator’s designation in the lower court, and any party who is adverse to the relator must be designated as "adverse party" in addition to that party’s designation in the lower court. The petition must not name as a party to the mandamus proceeding the lower court or the judge whose action is challenged.
 (3) The relator must serve a copy of the petition on all parties who have appeared in the lower court case and on the judge or court whose action is being challenged.
 (4) The judge or court whose action is challenged in the mandamus proceeding may seek to intervene in the mandamus proceeding if the judge or court wishes to assert an interest separate from the parties. If the Supreme Court allows the judge or court to intervene, the judge or court shall be designated as "intervenor" in the mandamus proceeding.
 (5) If the Supreme Court elects to issue an alternative writ of mandamus, the Supreme Court shall issue an order allowing the petition. The order may be issued in combination with the alternative writ of mandamus. The State Court Administrator shall mail copies of the Supreme Court’s order and alternative writ of mandamus to the relator, to the adverse party, to any intervenor, and to the judge or court whose action is challenged in the petition. Proof of service of an alternative writ need not be filed with the Supreme Court, and the judge or court to which the writ is issued need not file a return unless the alternative writ specifically requires a return.
 (6) At any time after the filing of the petition for writ of mandamus or issuance of the alternative writ of mandamus, if the judge or court whose action is being challenged performs the act sought in the petition or required by the alternative writ, the relator shall notify the Supreme Court that the judge or court has complied. The judge, the court, or any other party to the lower court case may also give notice to the Supreme Court of the compliance. On motion of any party or on its own motion, the Supreme Court may dismiss a mandamus proceeding after receiving the notice provided for in this subsection.
 (7) If the judge or court to whom the alternative writ of mandamus is directed does not perform the act required by the writ, the mandamus proceeding will proceed to briefing and oral argument as provided in the rules of the Supreme Court or as directed by the Supreme Court. An answer or other responsive pleading need not be filed by any party to the proceeding unless the alternative writ specifically requires the filing of an answer or other responsive pleading.
 (8) If the Supreme Court has determined that the relator is entitled to a peremptory writ of mandamus, the court shall direct the State Court Administrator to issue a peremptory writ of mandamus. The peremptory writ of mandamus may be combined with the appellate judgment. If a combined peremptory writ of mandamus and an appellate judgment issue, the relator need not file proof of service of the writ with the court, and the judge or court to which the writ is issued need not file a return showing compliance with the writ.
 (9) The State Court Administrator shall issue an appellate judgment showing the Supreme Court’s disposition of the matter, as provided in the rules of the Supreme Court, if:
 (a) The court has issued an alternative or peremptory writ of mandamus, the mandamus proceeding is concluded and all issues in the proceeding have been decided; or
 (b) The court has not issued a writ of mandamus, but the court has awarded costs and disbursements or attorney fees in the proceeding. [1997 c.388 §2]
 Section 34.310 - Purpose of writ; who may prosecute.
 Section 34.320 - Courts having jurisdiction; transfer of proceedings.
 Section 34.330 - Who may not prosecute writ.
 (1) The person is imprisoned or restrained by virtue of process issued by a court of the United States, or a judge, commissioner or other officer thereof, in cases where such courts, or judges or officers thereof, have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of actions, suits or other proceedings in such court, or before such commissioner or other officer.
 (2) The person is imprisoned or restrained by virtue of the judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution issued upon such judgment.
 (3) Except as provided in ORS 138.530, the person is eligible to obtain post-conviction relief pursuant to ORS 138.510 to 138.680.
 (4) The person is eligible to seek judicial review of a final order of the State Board of Parole and Post-Prison Supervision under ORS 144.335 but the person fails to seek judicial review of the order in a timely manner.
 (5) The person seeks judicial review of a final order of the board under ORS 144.335 but the Court of Appeals:
 (a) Summarily affirms the order of the board on the grounds that the person failed to present a substantial question of law;
 (b) Otherwise disposes of the judicial review on the merits of the petitioner’s issues on judicial review; or
 (c) Dismisses the judicial review because of a procedural defect. [Amended by 1959 c.636 §22; 2001 c.661 §2; 2003 c.576 §311; 2007 c.411 §2]
 Section 34.340 - Petition; who may apply; fee.
 Section 34.350 - Application by district attorney.
 Section 34.355 - Appointment of counsel; compensation and costs.
 Section 34.360 - Contents of petition when person challenges authority for confinement.
 (1) That the party in whose behalf the writ is petitioned is imprisoned or restrained of liberty, the place where, and officer or person by whom the party is imprisoned or restrained, naming both parties if their names are known, or describing them if not known.
 (2) That such person is not imprisoned or restrained by virtue of any order, judgment or process specified in ORS 34.330.
 (3) The cause or pretense of the imprisonment or restraint, according to the best knowledge or belief of the plaintiff.
 (4) If the original imprisonment or restraint is by virtue of any order, warrant or process, a copy thereof shall be annexed to the petition, or it must be alleged that, by reason of the removal or concealment of the party before the application, a demand of such copy could not be made, or that the demand was made, and the legal fees therefor tendered to the person having the party in custody, and that a copy was refused.
 (5) That the claim has not already been adjudged upon a prior writ of habeas corpus, to the knowledge or belief of the plaintiff. [Amended by 1991 c.884 §3; 1999 c.114 §3; 2003 c.576 §312]
 Section 34.362 - Contents of petition when person challenges conditions of confinement or deprivation of rights while confined.
 (1) Comply with requirements of ORS 34.360 (1), (3), (4) and (5); and
 (2) State facts in support of a claim that the person is deprived of a constitutional right that requires immediate judicial attention and for which no other timely remedy is practicably available to the plaintiff. [1991 c.884 §5; 2003 c.576 §313]
 Section 34.365 - Filing petition of prisoner without payment of filing fees; fee as charge against trust account.
 (2) Notwithstanding the fact that a court has authorized the filing of a petition without payment of the filing fee required by ORS 34.340, the fee may be drawn from, or charged against, the plaintiff’s trust account if the plaintiff is an inmate in a correctional facility. [1955 c.493 §1; 1995 c.657 §7; 1999 c.114 §4]
 Section 34.370 - Order to show cause; time for ruling on show cause order; attorney fees; entry of judgment or issuance of writ; effect.
 (2) Upon the issuance of a show cause order under subsection (1) of this section, the following shall apply:
 (a) The judge shall order that the defendant appear in writing in opposition to the issuance of the writ as soon as is practicable and not more than 14 days from the date that the show cause order issues.
 (b) The judge shall rule on the show cause order within seven days after either the defendant files a written appearance in opposition or the appearance period expires, whichever comes first. Upon making a ruling, the judge shall do one of the following, as appropriate:
 (A) If the petition is a meritless petition, issue a judgment denying the petition and ordering the plaintiff to pay the cost of attorney fees incurred by the defendant. In no case shall the award of attorney fees exceed $100. The fees may be drawn from, or charged against, the inmate’s trust account.
 (B) Issue a judgment granting appropriate habeas corpus relief.
 (C) Issue a writ of habeas corpus requiring that a return be made.
 (3) Entry of a judgment under subsection (2)(b)(A) or subsection (6) of this section shall be without prejudice. The judgment shall explain to the parties the reason for the denial.
 (4) If the court has issued a writ of habeas corpus requiring a return under subsection (2)(b)(C) of this section, the parties may stipulate to a hearing as described in ORS 34.670 without the necessity of a return or a replication. If the court accepts the stipulation, it shall set the matter for hearing in an expedited manner.
 (5) Issuance of the writ under subsection (2) of this section shall not bind the court with respect to any subsequent rulings related to the pleadings of the parties or the ultimate disposition of the proceeding.
 (6) The court may, on its own motion, enter a judgment denying a meritless petition brought under ORS 34.310 to 34.730.
 (7) As used in this section, "meritless petition" means one which, when liberally construed, fails to state a claim upon which habeas corpus relief may be granted. [Amended by 1963 c.322 §1; 1991 c.884 §6; 1995 c.294 §1; 1995 c.657 §8; 1999 c.114 §5]
 Section 34.380 - Warrant in lieu of writ; when issued.
 Section 34.390 - Order for arrest of person having custody.
 Section 34.400 - Execution of warrant; return and proceedings thereon.
 Section 34.410 - Criminal offense by person having custody.
 Section 34.421 - Contents of writ.
 Section 34.430 - Defect of form; designation of persons.
 (1) If the officer or person having the custody of the person imprisoned or restrained is designated either by name of office, if the officer or person has any, or by the own name of the officer or person, or if both such names are unknown or uncertain, the officer or person may be described by an assumed appellation; and anyone who may be served with the writ is to be deemed the officer or person to whom it was directed, although it may be directed to the officer or person by a wrong name or description, or to another person.
 (2) If the person who is directed to be produced is designated by name, or if the name of the person is uncertain or unknown, the person may be described in any other way, so as to designate the person intended.
 Section 34.440 - Who may serve writ; tender of fees and undertaking when service is on sheriff or other officer.
 (a) The party serving the writ tenders to the person in whose custody the prisoner may be, if such person is a sheriff or other officer, the fees allowed by law for bringing up such prisoner; and
 (b) The party also enters into an undertaking to such sheriff or other officer, in a penalty double the sum for which the prisoner is detained, if the prisoner is detained for any specific sum of money, and if not, then in such a sum as the judge granting the writ directs, not exceeding $1,000, to the effect that such person shall pay the charges for carrying back the prisoner if the prisoner is remanded, and that the prisoner will not escape, either in going to or returning from the place to which the prisoner is to be taken.
 (2) If such fees are not paid, or such security is not tendered, the officer to whom the writ is directed shall make a return, in the manner required by ORS 34.540, and shall state in the return the reason why the prisoner is not produced, and thereupon the court or judge granting the writ may proceed as if the prisoner was produced. This section, except for the first sentence, does not apply to a case wherein the writ is issued on the application of the district attorney. [Amended by 1991 c.884 §7]
 Section 34.450 - Payment of charges when service is on person other than sheriff or other officer.
 Section 34.460 - Manner of service.
 Section 34.470 - Service when officer or other person hides or refuses admittance.
 Section 34.480 - Proof of service.
 Section 34.490 - Duty to obey writ.
 Section 34.500 - When return must be made.
 Section 34.520 - Sickness of person.
 Section 34.530 - Requiring return and production of party by order.
 Section 34.540 - Contents of return.
 (a) Whether the officer or person has the party in custody or power or under restraint, and if the officer or person has not, whether the officer or person has had the party in custody or under power or restraint at any and what time prior or subsequent to the date of the writ.
 (b) If the officer or person has the party in custody or power or under restraint, the authority and true cause of such imprisonment or restraint, setting forth the same at large.
 (2) If the party is detained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced, and exhibited on the return of the writ, to the court or judge before whom the writ is returnable.
 (3) If the person upon whom the writ was served has had the party in power or custody or under restraint at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause, and by what authority the transfer took place.
 (4) The return shall be signed by the person making the same, and except where the person is a sworn public officer, and makes the return in official capacity, it shall be verified by oath.
 Section 34.550 - Warrant in case of refusal or neglect to obey writ.
 Section 34.560 - Failure of sheriff to return writ.
 Section 34.570 - Precept commanding bringing of prisoner.
 Section 34.580 - Inquiry into cause of imprisonment.
 Section 34.590 - Discharge when no legal cause for restraint is shown.
 Section 34.600 - When party to be remanded.
 (1) By virtue of process issued by any court, or judge or commissioner or any other officer thereof, of the United States, in a case where such court, or judge or officer thereof, has exclusive jurisdiction; or,
 (2) By virtue of the judgment of any court, or of any execution issued upon such judgment; or,
 (3) For any contempt, specially and plainly charged in the commitment, by some court, officer or body having authority to commit for the contempt so charged; and,
 (4) That the time during which such party may legally be detained has not expired. [Amended by 2003 c.576 §314]
 Section 34.610 - Grounds for discharge of prisoner in custody under order or civil process.
 (1) The jurisdiction of the court or officer has been exceeded, either as to matter, place, sum or person.
 (2) The original imprisonment was lawful, yet by some act, omission or event which has taken place afterwards, the party has become entitled to be discharged.
 (3) The order or process is defective in some matter of substance required by law, rendering the same void.
 (4) The order or process, though in proper form, has been issued in a case not allowed by law.
 (5) The person having the custody of the prisoner under such order or process is not the person empowered by law to detain the prisoner.
 (6) The order or process is not authorized by any judgment of any court, nor by any provision of law. [Amended by 2003 c.576 §315]
 Section 34.620 - Inquiry into legality of certain judgments and process not permitted.
 Section 34.630 - Proceedings where commitment for criminal offense is legal, or party probably is guilty.
 Section 34.640 - Custody of party pending proceedings.
 Section 34.650 - Notice to third persons.
 Section 34.660 - Notice to district attorney.
 Section 34.670 - Replication following return; hearing.
 Section 34.680 - Motion to deny petition; motion to strike; controverting replication; time to plead; construction and effect of pleadings.
 (2) The plaintiff may move to strike the return or any allegation or defense in the return. The defendant may move to strike the replication or any new matter in the replication, or by proof controvert the same, as upon a direct denial or avoidance.
 (3) The return and replication shall be made within such time as the court or judge shall direct, and the petition, return and replication shall be construed and have the same effect as in an action. [Amended by 1979 c.284 §74; 1991 c.884 §8]
 Section 34.690 - Requiring production of person after writ issued.
 Section 34.695 - Conduct of hearing.
 Section 34.700 - Judgment; liability for obedience to judgment; payment of attorney fees.
 (2) The court shall include in the judgment an order that the defendant pay the attorney fees incurred by the petition, not to exceed $100, if:
 (a) The court enters a judgment requiring that the plaintiff be discharged; and
 (b) The court finds that the allegations or defenses in the return were frivolous. [Amended by 1995 c.657 §9; 1999 c.114 §6]
 Section 34.710 - Appeal; conclusiveness of judgment.
 Section 34.712 - Summary affirmation of judgment on appeal.
 Section 34.720 - Imprisonment after discharge.
 (1) The person has been discharged from a commitment on a criminal charge, and afterwards is committed for the same offense by the legal order or process of the court wherein the person is bound by a release agreement or has deposited security, or in which the person is indicted or convicted for the same offense;
 (2) After a judgment of discharge for a defect of evidence or for a material defect in the commitment, in a criminal case, the party again is arrested on sufficient evidence, and committed by legal process for the same offense;
 (3) In a civil action or suit, the party has been discharged for illegality in the judgment or process, and afterwards is imprisoned for the same cause of action or suit; or
 (4) In a civil action or suit, the person has been discharged from commitment on a writ of arrest, and afterwards is committed on execution, in the same action or suit, or on a writ of arrest in another action or suit, after the dismissal of the first one. [Amended by 1973 c.836 §325; 2003 c.14 §17; 2003 c.576 §316]
 Section 34.730 - Forfeiture for refusing copy of order or process.
 Section 34.740 - Amendment of petition or action against public body when wrong remedy sought; effect of amendment on time limitations; attorney fees.
 (a) The person seeks relief against a public body, as defined in ORS 192.311;
 (b) The person incorrectly filed a petition for a writ of review, a petition for a writ of mandamus or an action for declaratory judgment; and
 (c) The correct remedy of the person is a petition for a writ of review, a petition for a writ of mandamus or an action for declaratory judgment.
 (2) If a petition or action is amended under this section, the petition or action is not subject to dismissal by reason of not having been commenced within the time otherwise allowed by law if the reason that the person filed the wrong petition or action was either:
 (a) The person relied on a reasonable interpretation of the law relating to the correct remedy; or
 (b) The public body that is the respondent or defendant in the proceeding gave misleading information to the person about the proper remedy, the person relied in good faith on the information provided by the public body and by reason of that reliance the person sought the wrong remedy.
 (3) A circuit court shall order a public body, as defined in ORS 192.311, to pay reasonable attorney fees incurred by any person in filing a petition for a writ of review, a petition for a writ of mandamus or an action for declaratory judgment seeking relief from the public body if:
 (a) The court determines that the person has filed the wrong petition or action, and the person subsequently amends the pleading in the manner provided by subsection (1) of this section;
 (b) The public body that is the respondent or defendant in the proceeding gave information to the person with the intent to mislead the person as to the proper remedy or gave information to the person, with a reckless disregard for the truth or falsity of the information, about the proper remedy; and
 (c) The person relied in good faith on the information provided by the public body, and by reason of that reliance the person sought the wrong remedy. [2001 c.561 §2]
 Note: 34.740 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 34 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 34.810 - Scire facias and quo warranto.
 Section 34.820
 Chapter 035 - Eminent Domain; Public Acquisition of Property
 Section 35.015 - Prohibition on condemnation of certain properties with intent to convey property to private party; exceptions.
 (2) Subsection (1) of this section does not apply to condemnation of:
 (a) Improved or unimproved real property that constitutes a danger to the health or safety of the community by reason of contamination, dilapidated structures, improper or insufficient water or sanitary facilities, or any combination of these factors;
 (b) Any timber, crops, topsoil, gravel or fixtures to be removed from the real property being condemned; or
 (c) Real property condemned for maintenance, improvement, or construction of transportation facilities, transportation systems, utility facilities or utility transmission systems.
 (3) Subsection (1) of this section does not prohibit a public body from leasing a portion of a public facility to a privately owned business for the provision of retail services designed primarily to serve the patrons of the public facility.
 (4) A public body as defined in ORS 174.109 may at any time publish notice that the public body intends to consider condemnation of a lot or parcel. If the public body publishes notice under this subsection, subsection (1) of this section does not apply for such time necessary to provide the public body reasonable opportunity to condemn the property, if the lot or parcel is conveyed by the owner of the lot or parcel to another private party after the notice is published, but prior to the time the property is condemned.
 (5) Subsection (1) of this section does not affect the ability of a public body as defined in ORS 174.109 to make a conveyance of a nonpossessory interest in condemned property for the purpose of financing acquisition of the property.
 (6) A court shall independently determine whether a taking of property complies with the requirements of this section, without deference to any determination made by the public body. If a court determines that a taking of property does not comply with the requirements of this section, the owner of the lot or parcel that is the subject of the condemnation proceeding shall be entitled to reasonable attorney fees, expenses, costs and other disbursements reasonably incurred to defend against the proposed condemnation. [2007 c.1 §2; 2009 c.11 §6]
 Section 35.018 - Severability.
 Note: 35.018 was enacted into law but was not added to or made a part of ORS chapter 35 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
 Note: Legislative Counsel has substituted "chapter 1, Oregon Laws 2007," for the words "this 2006 Act" in section 3, chapter 1, Oregon Laws 2007, compiled as 35.018. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2007 Comparative Section Table located in Volume 20 of ORS.
 Section 35.205 - Short title.
 Section 35.215 - Definitions for chapter.
 (1) "Condemner" means the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof or a private corporation that has the power to exercise the right of eminent domain.
 (2) "Owner" or "owner of the property" means the owner of property.
 (3) "Person" means person as defined by ORS 174.100 and also includes the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof.
 (4) "Private condemner" means a private corporation that has the power to exercise the right of eminent domain.
 (5) "Property" means real or personal property or any interest therein of any kind or nature that is subject to condemnation.
 (6) "Public condemner" means condemner other than private condemner. [1971 c.741 §4; 1983 c.327 §10; 2003 c.14 §18]
 Section 35.220 - Precondemnation entry on real property.
 (2) If the owner of property objects to examination or survey of the property under this section, or does not consent to the terms and conditions for testing or sampling of the property, the condemner may file a petition with the court seeking an order providing for entry upon the property and allowing such examination, survey, testing or sampling as may be requested by the condemner. The court may enter an order establishing reasonable terms and conditions for entry and for any examination, survey, testing or sampling of the property requested by the condemner. Reasonable compensation for damage or interference under subsection (3) of this section may be established in the proceeding either before or after entry is made upon the property by the condemner.
 (3) An owner is entitled to reasonable compensation for:
 (a) Any physical damage caused to the property by the entry upon or examination, survey, testing or sampling of the property, including any damage attributable to the diffusion of hazardous substances found on the property; and
 (b) Any substantial interference with the property’s possession or use caused by the entry upon or examination, survey, testing or sampling of the property.
 (4) If a condemner is required to pay compensation to an owner in a proceeding under subsection (2) of this section, and the condemner thereafter seeks condemnation of the same property, the owner is not entitled to any payment of compensation in the condemnation action that would result in the owner receiving a second recovery for the same damage or interference.
 (5) Nothing in this section affects any liability under any other provision of law that a condemner may have to an owner or occupant of property by reason of entry upon or examination, survey, testing or sampling of property. [2003 c.477 §2]
 Section 35.235 - Agreement for compensation; status of resolution or ordinance of public condemner; status of action of private condemner; agreement effort not prerequisite.
 (2) The resolution or ordinance of a public condemner is presumptive evidence of the public necessity of the proposed use, that the property is necessary therefor and that the proposed use, improvement or project is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.
 (3) The commencement of an action to condemn property by a private condemner creates a disputable presumption of the necessity of the proposed use, that the property is necessary therefor and that the proposed use, improvement or project is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.
 (4) The question of the validity of the disputable presumptions created in subsection (3) of this section, if raised, shall be determined by the court in a summary proceeding prior to trial.
 (5) It is not a prerequisite to the exercise of the right of eminent domain by the condemner to attempt first to agree with an owner or to allege or prove any effort to agree with such owner as to reasonable value, when such owner is at the time concealed within the state or, after reasonable effort by condemner, cannot be found within the state. [1971 c.741 §6; 1973 c.579 §1]
 Section 35.245 - Commencement of action; jurisdiction; parties.
 (2) An action may be commenced against the person in whose name the record title appears. There may be included as defendants any lessee or other person in possession and all other persons having or claiming an interest in the property. [1971 c.741 §7]
 Section 35.255 - Content of complaint.
 Section 35.265 - Advance deposit by public condemner requiring immediate possession; effect on interest otherwise allowable.
 (2) When the public condemner is a state agency and immediate possession of property is considered necessary by the agency, the agency shall certify to such facts and authorize an advancement out of funds available to the agency of the amount estimated by the agency to be just compensation for the property. Upon such certification and authorization, a warrant shall be drawn in favor of the clerk of the court in the amount authorized.
 (3) Upon the deposit in court by the public condemner of the estimated amount of just compensation as provided by subsections (1) and (2) of this section, no interest shall be allowed thereon in the judgment. [1971 c.741 §10; 2003 c.576 §236]
 Section 35.275 - Advance occupancy by private condemner; hearing; deposit or bond; effect of size of bond or deposit on amount of just compensation.
 (2) At the hearing on the motion, the court shall determine the reasons for requiring a speedy occupation. The court shall grant the motion if, giving consideration to the public interest involved, it finds that the interests of the owners will be adequately protected. The court may make such provisions or orders as necessary, so that the advance taking or an advance payment, as provided by subsection (3) of this section, will not be prejudicial to either party.
 (3)(a) If an order to occupy the property is granted, it may also require the private condemner to deposit with the court either such sum as the court finds reasonable on account of just compensation to be awarded or to deposit a surety bond in an amount and with such surety as the court may approve. The surety bond shall be conditioned to the effect that the private condemner shall pay to the owners of the property just compensation for the property taken or restitution, if any, and costs, disbursements and reasonable attorney fees as finally determined.
 (b) After an order to occupy is entered, if it appears necessary in order to protect the interests of the owners of the property, the court at any time may require the private condemner to deposit with the court an additional bond or sum on account of just compensation to be awarded.
 (c) Evidence as to the finding of the court regarding the amount of such bond or deposit shall not be admissible at the trial of just compensation. [1971 c.741 §11]
 Section 35.285 - Distribution of deposits; effect of withdrawal on appeal.
 (2) Any persons entitled to withdraw any or all of the deposit, as provided by subsection (1) of this section, may do so at any time without waiving rights of appeal provided by ORS 35.355. [1971 c.741 §12]
 Section 35.295 - Defendant’s answer.
 Section 35.300 - Offer of compromise.
 (2) If an offer of compromise under this section does not specifically include amounts for costs and disbursements, attorney fees and expenses, upon acceptance of the offer the court shall give judgment to the defendant for the amount offered as just compensation for the property and as compensable damages to remaining property of the defendant and, in addition, for costs and disbursements, attorney fees and expenses that are determined by the court to have been incurred before service of the offer on the defendant.
 (3) If an offer of compromise under this section specifically includes amounts for costs and disbursements, attorney fees and expenses, the defendant may accept all amounts offered, or may accept only that portion of the offer identified as just compensation for the property and as compensable damages to remaining property of the defendant. If the defendant accepts only that portion of the offer identified as just compensation for the property and as compensable damages to remaining property of the defendant, the defendant is entitled to an award for costs and disbursements, attorney fees and expenses incurred by the defendant before service of the offer on the defendant. The court shall determine the amount of costs and disbursements, attorney fees and expenses to be awarded to the defendant after acceptance of the offer is filed under subsection (1) of this section.
 (4) If an offer of compromise is not accepted within the time allowed under subsection (1) of this section, the offer is withdrawn and may not be given in evidence at trial. If the defendant fails to obtain a judgment more favorable than the offer:
 (a) The defendant may not recover prevailing party fees or costs and disbursements, attorney fees and expenses that were incurred on and after service of the offer;
 (b) Unless the parties agree otherwise, the court shall give judgment to the defendant for costs and disbursements, attorney fees and expenses that were incurred by the defendant before service of the offer; and
 (c) The court shall give judgment to the condemner for the condemner’s costs and disbursements, other than prevailing party fees, incurred by the condemner on and after service of the offer.
 (5) For the purpose of determining whether the defendant has failed to obtain a judgment more favorable than an offer of compromise that specifically includes amounts for costs and disbursements, attorney fees and expenses, the court shall first determine the amount of costs and disbursements, attorney fees and expenses incurred by the defendant before service of the offer on the defendant. The court shall add that amount to the amounts awarded under the judgment as just compensation for the property and as compensable damages to remaining property of the defendant. If the sum of those amounts is equal to or less than the total amount specified in the offer of compromise, the defendant has not obtained a judgment more favorable than the offer of compromise.
 (6) For the purposes of this section, "expenses" has the meaning given that term in ORS 35.335. [2009 c.530 §5]
 Section 35.305 - Conduct of trial; defendant’s option; jury argument; neither side has burden of proof of just compensation.
 (2) Condemner and defendant may offer evidence of just compensation, but neither party shall have the burden of proof of just compensation. [1971 c.741 §14; 1979 c.284 §76]
 Section 35.315 - View of property by order of court.
 Section 35.325 - Effect of judgment; effect of payment under judgment.
 Section 35.335 - Effect of condemner’s abandonment of action.
 (2) Expenses mean costs of appraisals and fees for experts incurred in preparing and conducting the defense to the action.
 (3) An action is considered abandoned if, at any time after filing a complaint, the case is dismissed or terminated or the condemner files an election not to take the property. If an election is not filed within 60 days after the verdict, the condemner is considered to have elected to take the property. [1971 c.741 §17]
 Section 35.346 - Offer to purchase required before filing action for condemnation; appraisal; arbitration; when costs and disbursements allowed.
 (2) The offer shall be accompanied by any written appraisal upon which the condemner relied in establishing the amount of compensation offered. If the condemner determines that the amount of just compensation due is less than $20,000, the condemner, in lieu of a written appraisal, may provide to the owner or other person having an interest in the property a written explanation of the bases and method by which the condemner arrived at the specific valuation of the property. The amount of just compensation offered shall not be reduced by amendment or otherwise before or during trial except on order of the court entered not less than 60 days prior to trial. An order for reduction of just compensation offered, pleaded by the condemner in the complaint or deposited with the court for the use and benefit of the owner pending outcome of the condemnation action, may be entered only upon motion of the condemner and a finding by clear and convincing evidence that the appraisal upon which the original offer is based was the result of a mistake of material fact that was not known and could not reasonably have been known at the time of the original appraisal or was based on a mistake of law.
 (3) Unless otherwise agreed to by the condemner and the owner, prior to appraising the property the condemner shall provide not less than 15 days’ written notice to the owner of the planned appraisal inspection. The property owner and designated representative, if any, shall be invited to accompany the condemner’s appraiser on any inspection of the property for appraisal purposes.
 (4) The owner has not less than 40 days from the date the owner receives the written offer required by subsection (1) of this section, accompanied by the appraisal or written explanation required by subsection (2) of this section, to accept or reject the offer. If the owner rejects the condemner’s offer and obtains a separate appraisal, the owner shall provide the condemner with a copy of the owner’s appraisal not less than 60 days prior to trial or arbitration.
 (5)(a) Failure to provide the opposing party with a copy of the appropriate appraisal as provided in subsections (2) and (4) of this section shall prohibit the use of the appraisal in arbitration or at trial.
 (b) In the event the owner and condemner are unable to reach agreement and proceed to trial or arbitration as provided in subsection (6) of this section, each party to the proceeding shall provide to every other party a copy of every appraisal obtained by the party as part of the condemnation action.
 (6)(a) If an action based on the condemnation is filed, the owner may elect to have compensation determined by binding arbitration if the total amount of compensation claimed by any party does not exceed $20,000. Notice of an election of binding arbitration must be given to the condemner at least 90 days prior to the date on which an arbitration hearing is scheduled under ORS 36.420.
 (b) Notwithstanding the amount established under ORS 36.400, if the owner elects to proceed with binding arbitration, the arbitration shall be conducted according to the mandatory arbitration program established under ORS 36.400 to 36.425. Notwithstanding ORS 36.425, no party may request a trial de novo after the filing of the decision and award of the arbitrator. Within 20 days after the filing of the decision and award of the arbitrator under ORS 36.425, any party may file a motion with the court for the vacation, modification or correction of the award. The court may vacate an award only if there is a basis to vacate the award described in ORS 36.705 (1)(a) to (d). The court may modify or correct an award only for the grounds given in ORS 36.710. Except as provided in this subsection, no party may appeal from the decision and award of an arbitrator if the owner elects binding arbitration in lieu of trial.
 (c) If the total amount of compensation claimed exceeds $20,000 but is less than $50,000, the owner may elect to have compensation determined by nonbinding arbitration under the applicable provisions of ORS 36.400 to 36.425.
 (7) If a trial is held or arbitration conducted for the fixing of the amount of compensation to be awarded to the defendant owner or party having an interest in the property being condemned, the court or arbitrator shall award the defendant costs and disbursements including reasonable attorney fees and reasonable expenses as defined in ORS 35.335 (2) in the following cases, and no other:
 (a) If the amount of just compensation assessed by the verdict in the trial exceeds the highest written offer in settlement submitted by condemner before the filing of the action to those defendants appearing in the action pursuant to subsection (1) of this section; or
 (b) If the court finds that the first written offer made by condemner to defendant in settlement before the filing of the action did not constitute a good faith offer of an amount reasonably believed by condemner to be just compensation.
 (8) If any appraisal provided to a party under this section relies on a written report, opinion or estimate of a person who is not an appraiser, a copy of the written report, opinion or estimate must be provided with the appraisal. If any appraisal provided under this section relies on an unwritten report, opinion or estimate of a person who is not an appraiser, the party providing the appraisal must also provide the name and address of the person who provided the unwritten report, opinion or estimate.
 (9) Costs and disbursements other than reasonable attorney fees and expenses as defined in ORS 35.335 (2) shall be awarded to condemner in all cases other than those in which defendant is entitled to costs and disbursements under subsection (7) of this section. [1973 c.617 §2 (enacted in lieu of 35.345); 1997 c.797 §1; 2003 c.476 §1; 2003 c.598 §33; 2005 c.274 §5; 2005 c.433 §1; 2007 c.1 §4; 2009 c.530 §1]
 Section 35.348 - Immediate possession of property.
 Section 35.350 - Immediate possession of property by public body.
 Section 35.352 - Notice of immediate possession of property by public condemner; objection.
 (2) If notice is served under this section, a defendant in a condemnation action may object to immediate possession of property by a public condemner by filing a written objection with the court within 10 days after notice is served on the defendant under this section and serving a copy of the objection on the public condemner in the manner provided by ORCP 9. The objection must request that the court schedule a hearing on the objection at the earliest possible time. The only issues that a court may consider upon objection are:
 (a) Whether the condemnation is legal; and
 (b) Subject to the presumption established by ORS 35.235 (2), whether the public condemner has acted in bad faith, engaged in fraud or engaged in an abuse of discretion under a delegation of authority.
 (3) If notice is served under this section and an objection is not filed with the court within the time allowed under subsection (2) of this section, the public condemner may at any time thereafter file with the court a form of order confirming the public condemner’s possession of the property as of the date specified in the notice. The form of order must be accompanied by an affidavit attesting to service of the notice as required by subsection (1) of this section, and a statement that an objection was not filed within 10 days after notice was served on the defendants in the action. Upon filing of the affidavit, the clerk of the court shall affix the seal of the court to the form of order. The order may thereafter be enforced in the same manner as any other order of the court.
 (4) A notice under this section must be in substantially the following form:
 ______________________________________________________________________________
 CIRCUIT COURT FOR THE
 COUNTY OF ______
 )
 ______ )
 Plaintiff, ) NOTICE OF
 ) IMMEDIATE
 ) POSSESSION
 )
 vs. ) Case No. _____
 )
 ______ )
 Defendant. )
 TO THE DEFENDANTS:
 By service of this notice, you are advised that the plaintiff will take possession of the property described in the complaint on:
 (1)_________, 2___, if the deposit required by ORS 35.265 has been made by that date; or
 (2) The date on which the deposit required by ORS 35.265 is made if that date is later than the date specified above.
 You may file an objection with the court within 10 days after this notice is served on you. An objection may be made only to determine:
 (1) Whether the condemnation is legal; and
 (2) Subject to the presumption established by ORS 35.235 (2), whether the public condemner has acted in bad faith, engaged in fraud or engaged in an abuse of discretion under a delegation of authority.
 _____________________
 Attorney for Plaintiff
 _____________________
 Address
 _____________________
 Telephone Number
 ______________________________________________________________________________
 (5) The court shall expeditiously consider any objection filed under this section to prevent prejudice to the public condemner’s need for immediate possession.
 (6) The ability of the defendant in a condemnation action to assert legal defenses in the answer of the defendant under ORS 35.295 is not affected solely by reason of the filing of an objection to a notice served under this section, or by reason of the failure to file an objection.
 (7) This section does not impose a requirement that a public condemner use the procedure described in this section, and the procedure described in this section is not the exclusive method by which a public condemner may obtain possession of property. [2005 c.565 §3]
 Section 35.355 - Appeal.
 Section 35.365 - Effect of withdrawal of award; disposition of award.
 Section 35.375 - Chapter as exclusive condemnation proceeding; exception.
 Section 35.385 - Public purpose use required of condemner; right of repurchase; specification of duration of public purpose use; effect.
 (a) Specify in such agreement for the real property a reasonable period within which the real property must be used by the condemner for a public purpose or specify a 10-year period for such use and provide that the right of repurchase of the real property or any portion thereof may be exercised as provided in ORS 35.385 to 35.415; or
 (b) Specify that the right of repurchase of the real property has been waived by the owner and, in such case, not specify a period within which the real property must be used by the condemner for a public purpose.
 (2) If real property is acquired by a condemner under this chapter by judgment given in a condemnation action under ORS 35.325, the court shall:
 (a) Specify in the judgment a reasonable period within which the real property must be used by the condemner for a public purpose or specify a 10-year period, and provide that the right of repurchase may be exercised with respect to the real property as provided in ORS 35.385 to 35.415; or
 (b) Specify that the right of repurchase of the real property has been waived by the owner and, in such case, not specify a period within which the real property must be used by the condemner for a public purpose.
 (3) For the purposes of subsection (2)(a) of this section, the resolution or ordinance of the condemner is presumptive evidence that the period of time that is proposed by the condemner is a reasonable period in which the real property must be used by the condemner for a public purpose; provided, however, that if the resolution or ordinance specifies a 10-year period or less, neither the owner nor a designated beneficiary of the owner can contest the reasonableness of the period specified.
 (4) If real property is acquired by a condemner by agreement with the owner as described in subsection (1) of this section, and the agreement does not contain one of the provisions required by subsection (1)(a) or (b) of this section, the owner may repurchase the property, or any portion of the property, in the manner provided by ORS 35.385 to 35.415 if:
 (a) Ten years have expired since the date of the transfer of the property; and
 (b) The condemner has not used the property for a public purpose.
 (5) Subsection (4) of this section does not apply to real property acquired by a condemner for the purpose of constructing, improving or maintaining a transportation facility or system. [1973 c.720 §2; 2011 c.426 §1]
 Note: Section 2, chapter 426, Oregon Laws 2011, provides:
 Sec. 2. The amendments to ORS 35.385 by section 1 of this 2011 Act apply only to agreements for acquisition by a condemner as described in ORS 35.385 (1) that are entered into on or after the effective date of this 2011 Act [June 17, 2011]. [2011 c.426 §2]
 Section 35.390 - Effect of failure of condemner to use property as required; price of repurchase; form of offer of repurchase.
 (2) The prior owner or beneficiary described in subsection (1) of this section may repurchase from the condemner the real property that is subject to the right of repurchase for a price equal to the sum of the compensation and damages paid by the condemner for the real property plus interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.
 (3) If only a portion of the real property acquired by a condemner is subject to the right of repurchase under ORS 35.385 to 35.415, the prior owner or beneficiary may acquire such portion for a price equal to the sum of:
 (a) The fair cash market value of the portion subject to the right of repurchase, as of the date of the commencement of any action subject to ORS 35.385;
 (b) The damages for diminution in value of the remainder, if any, of the former owner’s property not so acquired, as of the date of the commencement of any action subject to ORS 35.385; and
 (c) Interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.
 (4) The offer to repurchase only a portion of real property as provided in subsection (1) of this section and ORS 35.400 (3), shall be in writing and shall include the price for repurchase as determined by the condemner, including an itemization of the components thereof, pursuant to subsection (3) of this section. [1973 c.720 §3; 2003 c.14 §19]
 Section 35.395 - Change in period of use; notice; effect of failure to agree on change; review by court.
 (2) Upon a finding under subsection (1) of this section, a condemner shall notify the prior owner or designated beneficiary of the requested change in period. The condemner shall negotiate with the prior owner or beneficiary on the requested change.
 (a) Notification under this subsection shall consist of mailing a letter by certified mail to the last address of the prior owner or the designated beneficiary of the owner as shown in the agreement or judgment whereby the real property was acquired or the address subsequently supplied by such owner or beneficiary. If no response has been received by the condemner within 60 days after receipt of notice by the owner or designated beneficiary, all the rights of the owner or designated beneficiary under ORS 35.385 to 35.415 shall be considered waived.
 (b) If the condemner cannot locate the prior owner or the designated beneficiary of the owner at the last-known address of the owner or the designated beneficiary, notice may be effected by publication. The publication shall be made in a newspaper published in the county where the property is located, or if no newspaper is published in the county, then in a newspaper designated as being most likely to give notice to the prior owner or the beneficiary of the prior owner. The newspaper utilized shall meet the requirements of ORS 193.020. The notice shall contain the name of the public project, a general description of the location of the property, the change in purpose or extension of time desired by the condemner and a time within which the owner or the beneficiary of the owner must respond to the notice. The notice shall be published not less than once each week for four weeks. The publication of notice may be directed to one or more owners or beneficiaries affected by the same project. If no response is received by the condemner within 10 days after the date of the last publication of notice, all rights of the prior owner or designated beneficiary shall be considered waived.
 (3) If, after negotiation, the prior owner or beneficiary and the condemner agree on the proposed change in period, the period as changed shall, for the purposes of ORS 35.385 to 35.415, be considered the period as specified in the agreement or judgment under ORS 35.385. In the case of real property acquired by a condemner by judgment under ORS 35.325, the condemner shall notify the court by which the judgment was given of the agreed upon change in period and the court shall modify such judgment accordingly.
 (4) If the prior owner or beneficiary and the condemner cannot, after negotiation, agree on the proposed change in period, the condemner may:
 (a) In the case of real property acquired by an agreement under ORS 35.235 (1), petition the circuit court for the county within which such real property is situated for a hearing to determine whether the proposed change in period is reasonable and necessary in the public interest; or
 (b) In the case of real property acquired by a judgment given under ORS 35.325, petition the court by which such judgment was given for a hearing to determine whether it is reasonable and necessary in the public interest to modify such judgment to permit the proposed change in period. The condemner in its petition may include as parties and serve all or any owners and designated beneficiaries whose property is affected by the same project.
 (5) If, after a hearing under subsection (4) of this section, the court finds that the proposed change in period is reasonable and necessary in the public interest, the court shall grant such change. For the purposes of ORS 35.385 to 35.415, a period as changed by the court shall be considered the period specified in the agreement or judgment described in ORS 35.385. For the purposes of this subsection, the resolution or ordinance of the condemner is presumptive evidence that the change in period proposed by the condemner is reasonable and necessary in the public interest.
 (6) If, after a hearing under subsection (4) of this section, the court finds that the proposed change in period is unreasonable or not necessary in the public interest, the court shall deny the requested change. In such case, the terms of the original agreement or judgment shall control for the purpose of the exercise of the right of repurchase under ORS 35.385 to 35.415. [1973 c.720 §4]
 Section 35.400 - Designation of person to exercise right of repurchase; effect of failure to designate; offer to repurchase; acceptance; notice; determination of price.
 (2) If an owner of real property to be acquired by a condemner does not designate a person to exercise the right of repurchase under ORS 35.385 to 35.415 and such owner has not waived such right of repurchase, only the owner may exercise the right of repurchase under ORS 35.385 to 35.415. If such owner dies while real property is still subject to a right of repurchase by the owner, the personal representative of such owner’s estate may act as the owner to exercise the right of repurchase with respect to such property on behalf of the estate of the owner at any time prior to the discharge of the personal representative under ORS 116.213.
 (3) Upon receipt from a condemner of an offer to repurchase any real property or portion thereof in accordance with ORS 35.385 to 35.415:
 (a) In the case of an offer to repurchase the entire parcel of real property to which ORS 35.385 applies, if the owner or beneficiary of such right of repurchase does not accept such offer within 30 days, the right of repurchase is terminated and the condemner may use and dispose of such property or portion as otherwise provided by law.
 (b) In the case of an offer to repurchase only a portion of a parcel of real property to which ORS 35.385 applies, the owner or beneficiary of such right of repurchase may:
 (A) Accept such offer within 30 days; or
 (B) Notify the condemner within 30 days of the desire of the owner or beneficiary to exercise such right, but refuse to accept the price established by the condemner in the offer to repurchase made pursuant to ORS 35.390 (4).
 (c) If the owner or beneficiary of the right of repurchase fails to timely notify the condemner pursuant to either paragraph (b)(A) or (B) of this subsection, the right of repurchase is terminated and the condemner may use or dispose of such portion of property as otherwise provided by law.
 (d) If timely notice of intent to exercise the right of repurchase is given by the owner or beneficiary as provided by paragraph (b)(B) of this subsection, the owner or beneficiary must within 60 days thereafter commence an action, in the court in which the original action by the condemner to acquire such real property was commenced, to determine the sole issue of the price to be paid upon such repurchase, pursuant to the provisions of ORS 35.390 (3). Failure to commence such an action within such 60-day period shall void such notice of intention to exercise repurchase for the purposes of paragraph (c) of this subsection.
 (A) Upon the determination of the price for repurchase by the court or jury, the court shall give judgment vesting title to the property in the owner or the beneficiary, conditioned upon payment into court of the assessed price by the owner or beneficiary within 90 days after the date of the judgment; and upon the making of such payment, the judgment shall become effective to convey the property and the right of possession thereof to the owner or beneficiary. Failure to make such payment into court within 90 days of the date of the judgment shall void the notice of intent to exercise the right of repurchase for the purposes of paragraph (c) of this subsection, and the judgment shall be withdrawn by the court.
 (B) If the price determined pursuant to the provisions of this paragraph is less than the price established by the condemner in its written offer to repurchase, the costs and disbursements of the owner or beneficiary, as specified in ORS 35.335 and 35.346, shall be taxed by the clerk; and the judgment rendered shall reflect such costs and disbursements only as an offset against the price to be paid into court by the owner or beneficiary. [1973 c.720 §5]
 Section 35.405 - Designation of person to exercise right of repurchase by multiple owners.
 Section 35.410 - Right to contest change in public purpose use; notice of proposed change.
 Section 35.415 - Application of ORS 35.385 to 35.415.
 (2) Notwithstanding ORS 35.375, ORS 35.385 to 35.415 apply to real property acquired by a county pursuant to ORS chapter 368.
 (3) ORS 35.385 to 35.415 shall not apply to any real property acquired under ORS 35.385 (1) and (2) after the date the real property is used for the purpose for which it was acquired nor shall ORS 35.385 to 35.415 apply to any tract of real property where the compensation and damages paid to the owner is less than $1,000. [1973 c.720 §8; 1981 c.153 §53]
 Section 35.500 - Definitions for ORS 35.500 to 35.530.
 (1) "Displaced person" means any person who moves, or is required to move the person’s residence and personal property incident thereto, or the person’s business or farm operation as a result of:
 (a) Acquisition of the real property, in whole or in part, by a public entity; or
 (b) Receipt of a written order by such person from a public entity to vacate the property for public use.
 (2) "Federal Act" means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646, 42 U.S.C. 4601 et seq.) as in effect on January 1, 2003.
 (3) "Public entity" includes the state, a county, a city, a consolidated city-county as defined in ORS 199.705 (1), a district, public authority, public agency and any other political subdivision or public corporation in the state when acquiring real property or any interest therein for public use. "Public entity" also includes a private corporation that has the power to exercise the right of eminent domain.
 (4) "Public use" means a use for which real property may be acquired by a public entity as provided by law.
 (5) "Real property" or any interest therein includes tenements and hereditaments, and includes every interest, freehold and chattel, legal and equitable, present and future, vested and contingent, in such tenements and hereditaments. [Formerly 281.045]
 Section 35.505 - Relocation within neighborhood; notice prior to move; costs and allowances.
 (2) Except as required by emergency, no displaced person shall be required to move from any real property without first having written notice from the public entity at least 90 days prior to the date by which the move is required. In no case shall any displaced person be required to move until the public entity notifies the person in writing of all costs and allowances to which such person may become entitled under federal, state or local law. [Formerly 281.055]
 Section 35.510 - Duties of public entities acquiring real property.
 (1) Provide fair and reasonable relocation payments and assistance to or for displaced persons as provided under sections 202, 203, 204 and 206 of the Federal Act;
 (2) Provide relocation assistance programs offering to displaced persons and others occupying property immediately adjacent to the real property acquired the services described in section 205 of the Federal Act on the conditions prescribed therein;
 (3) In acquiring the real property, be guided by the land acquisition policies in sections 301 and 302 of the Federal Act;
 (4) Pay or reimburse property owners for necessary expenses as specified in sections 303 and 304 of the Federal Act;
 (5) Share costs of providing payments and assistance with the federal government in the manner and to the extent required by sections 211 (a) and (b) of the Federal Act; and
 (6) Appoint such officers, enter into such contracts, utilize federal funds for planning and providing comparable replacement housing and take such other actions as may be necessary to comply with the conditions and requirements of the Federal Act. [Formerly 281.060]
 Section 35.515 - Required disclosures for business and farm operations.
 Section 35.520 - Decision on benefits; hearing; review.
 Section 35.525 - Construction.
 Section 35.530 - Federal law controls.
 Section 35.550 - Definitions for ORS 35.550 to 35.575.
 (1) "Property" means real property, water, watercourses, and water and riparian rights, or any right or interest therein.
 (2) "Board" means:
 (a) The state board of commissioners, trustees, or other state board, having direction of the state department or institution for which the property is desired; or
 (b) The Department of State Lands, if there is no other state board for the department or institution for which the property is sought to be acquired. [Formerly 281.210]
 Section 35.555 - Determination of necessity; suit by Attorney General.
 Section 35.560 - Action by district attorney.
 (1) Commence and prosecute the suit, action or proceeding in the circuit court of such district, when requested by the board; or
 (2) Aid the Attorney General in so doing in any manner requested by the Attorney General. [Formerly 281.230]
 Section 35.565 - Procedure for condemnation.
 Section 35.570 - Payment of expenses of proceeding, value and damages.
 Section 35.575 - Precondemnation compensation not required.
 Section 35.600 - Application.
 Section 35.605 - Authorization to acquire adjoining property for roadways.
 (2) The authority conferred by subsection (1) of this section does not extend to the purchase, acquisition, entering upon or appropriation of any adjoining land or property situate more than 100 feet distant from or beyond the proposed boundaries of any such road, street or highway, or of any such adjoining land or property that constitutes the whole or any part of a platted lot or tract of rectangular shape and having an area of 5,000 square feet or more and its shorter dimension not less than 50 feet in length, or that constitutes the whole or any part of any tract of land in common ownership of like shape and having like minimum area and dimensions. [Formerly 281.510]
 Section 35.610 - Ordinance or resolution required.
 Section 35.615 - Restrictions on future use of property acquired adjacent to roadway.
 Section 35.620 - Acquisition of land adjoining road boundaries declared necessary.
 Section 35.625 - Procedure to ascertain compensation and damages.
 Chapter 036 - Mediation and Arbitration
 Section 36.100 - Policy for ORS 36.100 to 36.238.
 Section 36.105 - Declaration of purpose of ORS 36.100 to 36.238.
 (1) Foster the development of community-based programs that will assist citizens in resolving disputes and developing skills in conflict resolution;
 (2) Allow flexible and diverse programs to be developed in this state, to meet specific needs in local areas and to benefit this state as a whole through experiments using a variety of models of peaceful dispute resolution;
 (3) Find alternative methods for addressing the needs of crime victims in criminal cases when those cases are either not prosecuted for lack of funds or can be more efficiently handled outside the courts;
 (4) Provide a method to evaluate the effect of dispute resolution programs on communities, local governments, the justice system and state agencies;
 (5) Encourage the development and use of mediation panels for resolution of civil litigation disputes;
 (6) Foster the development or expansion of integrated, flexible and diverse state agency programs that involve state and local agencies and the public and that provide for use of alternative means of dispute resolution pursuant to ORS 183.502; and
 (7) Foster efforts to integrate community, judicial and state agency dispute resolution programs. [1989 c.718 §2; 1997 c.706 §3; 2003 c.791 §10]
 Section 36.110 - Definitions for ORS 36.100 to 36.238.
 (1) "Arbitration" means any arbitration whether or not administered by a permanent arbitral institution.
 (2) "Dean" means the Dean of the University of Oregon School of Law.
 (3) "Dispute resolution program" means an entity that receives a grant under ORS 36.155 to provide dispute resolution services.
 (4) "Dispute resolution services" includes but is not limited to mediation, conciliation and arbitration.
 (5) "Mediation" means a process in which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated.
 (6) "Mediation agreement" means an agreement arising out of a mediation, including any term or condition of the agreement.
 (7) "Mediation communications" means:
 (a) All communications that are made, in the course of or in connection with a mediation, to a mediator, a mediation program or a party to, or any other person present at, the mediation proceedings; and
 (b) All memoranda, work products, documents and other materials, including any draft mediation agreement, that are prepared for or submitted in the course of or in connection with a mediation or by a mediator, a mediation program or a party to, or any other person present at, mediation proceedings.
 (8) "Mediation program" means a program through which mediation is made available and includes the director, agents and employees of the program.
 (9) "Mediator" means a third party who performs mediation. "Mediator" includes agents and employees of the mediator or mediation program and any judge conducting a case settlement conference.
 (10) "Public body" has the meaning given that term in ORS 174.109.
 (11) "State agency" means any state officer, board, commission, bureau, department, or division thereof, in the executive branch of state government. [1989 c.718 §3; 1997 c.670 §11; 2003 c.791 §§11,11a; 2005 c.817 §3]
 Section 36.135 - Review of dispute resolution programs; suspension or termination of funding.
 Section 36.145 - Dispute Resolution Account.
 Section 36.150 - Additional funding.
 Section 36.155 - Grants for dispute resolution services in counties; rules.
 Section 36.160 - Participation by counties; notice; contents; effect of failure to give notice.
 (2) The county’s notification to the dean must include a statement of agreement by the county to engage in a selection process and to select as the recipient of funding an entity capable of and willing to provide dispute resolution services according to the rules of the dean. The award of a grant is contingent upon the selection by the county of a qualified entity. The dean may provide consultation and technical assistance to a county to identify, develop and implement dispute resolution programs that meet the standards and guidelines adopted by the dean under ORS 36.175.
 (3) If a county does not issue a notification according to the schedule established by the dean, the dean may notify a county board of commissioners that the dean intends to make a grant to a dispute resolution program in the county. The dean may, after such notification, assume the county’s role under subsection (1) of this section unless the county gives the notice required by subsection (1) of this section. If the dean assumes the county’s role, the dean may contract with a qualified program for a two-year period. The county may, 90 days before the expiration of an agreement between a qualified program and the dean, notify the dean under subsection (1) of this section that the county intends to assume its role under subsection (1) of this section.
 (4) All dispute resolution programs identified for funding shall comply with the rules adopted under ORS 36.175.
 (5) All funded dispute resolution programs shall submit informational reports and statistics as required by the dean. [1989 c.718 §13; 1991 c.538 §3; 1995 c.515 §1; 1997 c.801 §43; 2003 c.791 §17; 2005 c.817 §4d]
 Section 36.165 - Termination of county participation.
 (2) If a county terminates its participation under ORS 36.160, the remaining portion of the grant made to the county under ORS 36.160 shall revert to the University of Oregon School of Law to be used as specified in ORS 36.155. [1989 c.718 §14; 2003 c.791 §18; 2005 c.817 §4e]
 Section 36.175 - Rules for administration of dispute resolution programs.
 (a) Standards and guidelines for dispute resolution programs receiving grants under ORS 36.155;
 (b) Minimum reporting requirements for dispute resolution programs receiving grants under ORS 36.155;
 (c) Methods for evaluating dispute resolution programs receiving grants under ORS 36.155;
 (d) Minimum qualifications and training for persons conducting dispute resolution services in dispute resolution programs receiving grants under ORS 36.155;
 (e) Participating funds requirements, if any, for entities receiving grants under ORS 36.155;
 (f) Requirements, if any, for the payment by participants for services provided by a program receiving grants under ORS 36.155; and
 (g) Any other provisions or procedures for the administration of ORS 36.100 to 36.175.
 (2) This section does not apply to state agency dispute resolution programs. [1989 c.718 §16; 1997 c.706 §4; 2003 c.791 §19; 2005 c.817 §4g]
 Section 36.179 - Mediation and other alternative dispute resolution services for public bodies.
 Section 36.185 - Referral of civil dispute to mediation; objection; information to parties.
 Section 36.190 - Stipulation to mediation; selection of mediator; stay of proceedings.
 (2) Upon referral or election to mediate, the parties shall select a mediator by written stipulation or shall follow procedures for assignment of a mediator from the court’s panel of mediators.
 (3) During the period of any referred or elected mediation under ORS 36.185 to 36.210, all trial and discovery timelines and requirements shall be tolled and stayed as to the participants. Such tolling shall commence on the date of the referral or election to mediate and shall end on the date the court is notified in writing of the termination of the mediation by the mediator or one party requests the case be put back on the docket. All time limits and schedules shall be tolled, except that a judge shall have discretion to adhere to preexisting pretrial order dates, trial dates or dates relating to temporary relief. [1989 c.718 §20]
 Section 36.195 - Presence of attorney; authority and duties of mediator; notice to court at completion of mediation.
 (2) Attorneys and other persons who are not parties to a mediation may be included in mediation discussions at the mediator’s discretion, with the consent of the parties, for mediation held under the provisions of ORS 36.185 to 36.210.
 (3) The mediator, with the consent of the parties, may adopt appropriate rules to facilitate the resolution of the dispute and shall have discretion, with the consent of the parties, to suspend or continue mediation. The mediator may propose settlement terms either orally or in writing.
 (4) All court mediators shall encourage disputing parties to obtain individual legal advice and individual legal review of any mediated agreement prior to signing the agreement.
 (5) Within 10 judicial days of the completion of the mediation, the mediator shall notify the court whether an agreement has been reached by the parties. If the parties do not reach agreement, the mediator shall report that fact only to the court, but shall not make a recommendation as to resolution of the dispute without written consent of all parties or their legal counsel. The action shall then proceed in the normal fashion on either an expedited or regular pretrial list.
 (6) The court shall retain jurisdiction over a case selected for mediation and shall issue orders as it deems appropriate. [1989 c.718 §21]
 Section 36.200 - Mediation panels; qualification; procedure for selecting mediator.
 (2) Unless instructed otherwise by the court, upon referral by the court to mediation, the clerk of the court shall select at least three individuals from the court’s panel of mediators and shall send their names to legal counsel for the parties, or to a party directly if not represented, with a request that each party state preferences within five judicial days. If timely objection is made to all of the individuals named, the court shall select some other individual from the mediator panel. Otherwise, the clerk, under the direction of the court, shall select as mediator one of the three individuals about whom no timely objection was made.
 (3) Upon the court’s or the parties’ own selection of a mediator, the clerk shall:
 (a) Notify the designated person of the assignment as mediator.
 (b) Provide the mediator with the names and addresses of the parties and their representatives and with copies of the order of assignment.
 (4) The parties to a dispute that is referred by the court to mediation may choose, at their option and expense, mediation services other than those suggested by the court, and entering into such private mediation services shall be subject to the same provisions of ORS 36.185 to 36.210.
 (5) Disputing parties in mediation shall be free, at their own expense, to retain jointly or individually, experts, attorneys, fact finders, arbitrators and other persons to assist the mediation, and all such dispute resolution efforts shall be subject to the protection of ORS 36.185 to 36.210. [1989 c.718 §22; 1993 c.327 §2; 2003 c.791 §21]
 Section 36.210 - Liability of mediators and programs.
 (2) Mediators, mediation programs and dispute resolution programs are not civilly liable for the disclosure of a confidential mediation communication unless the disclosure was made in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another.
 (3) The limitations on liability provided by this section apply to the officers, directors, employees and agents of mediation programs and dispute resolution programs. [1989 c.718 §24; 1995 c.678 §2; 1997 c.670 §12; 2001 c.72 §1; 2003 c.791 §§22,22a]
 Section 36.220 - Confidentiality of mediation communications and agreements; exceptions.
 (a) Mediation communications are confidential and may not be disclosed to any other person.
 (b) The parties to a mediation may agree in writing that all or part of the mediation communications are not confidential.
 (2) Except as provided in ORS 36.220 to 36.238:
 (a) The terms of any mediation agreement are not confidential.
 (b) The parties to a mediation may agree that all or part of the terms of a mediation agreement are confidential.
 (3) Statements, memoranda, work products, documents and other materials, otherwise subject to discovery, that were not prepared specifically for use in a mediation, are not confidential.
 (4) Any document that, before its use in a mediation, was a public record as defined in ORS 192.311 remains subject to disclosure to the extent provided by ORS 192.311 to 192.478.
 (5) Any mediation communication relating to child abuse that is made to a person who is required to report child abuse under the provisions of ORS 419B.010 is not confidential to the extent that the person is required to report the communication under the provisions of ORS 419B.010. Any mediation communication relating to elder abuse that is made to a person who is required to report elder abuse under the provisions of ORS 124.050 to 124.095 is not confidential to the extent that the person is required to report the communication under the provisions of ORS 124.050 to 124.095.
 (6) A mediation communication is not confidential if the mediator or a party to the mediation reasonably believes that disclosing the communication is necessary to prevent a party from committing a crime that is likely to result in death or substantial bodily injury to a specific person.
 (7) A party to a mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS 40.010 to 40.585 or other provision of law. A party may disclose confidential mediation communications to any other person for the purpose of obtaining advice concerning the subject matter of the mediation, if all parties to the mediation so agree.
 (8) The confidentiality of mediation communications and agreements in a mediation in which a public body is a party, or in which a state agency is mediating a dispute as to which the state agency has regulatory authority, is subject to ORS 36.224, 36.226 and 36.230. [1997 c.670 §1]
 Section 36.222 - Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings.
 (2) A party may disclose confidential mediation communications or agreements in any subsequent adjudicative proceeding if all parties to the mediation agree in writing to the disclosure.
 (3) A mediator may disclose confidential mediation communications or confidential mediation agreements in a subsequent adjudicatory proceeding if all parties to the mediation, the mediator, and the mediation program, if any, agree in writing to the disclosure.
 (4) In any proceeding to enforce, modify or set aside a mediation agreement, confidential mediation communications and confidential mediation agreements may be disclosed to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.
 (5) In an action for damages or other relief between a party to a mediation and a mediator or mediation program, confidential mediation communications or confidential mediation agreements may be disclosed to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.
 (6) A mediator may disclose confidential mediation communications directly related to child abuse or elder abuse if the mediator is a person who has a duty to report child abuse under ORS 419B.010 or elder abuse under ORS 124.050 to 124.095.
 (7) The limitations on admissibility and disclosure in subsequent adjudicatory proceedings imposed by this section apply to any subsequent judicial proceeding, administrative proceeding or arbitration proceeding. The limitations on disclosure imposed by this section include disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding, and no person who is prohibited from disclosing information under the provisions of this section may be compelled to reveal confidential communications or agreements in any discovery proceeding conducted as part of a subsequent adjudicatory proceeding. Any confidential mediation communication or agreement that may be disclosed in a subsequent adjudicatory proceeding under the provisions of this section may be introduced into evidence in the subsequent adjudicatory proceeding. [1997 c.670 §2]
 Section 36.224 - State agencies; confidentiality of mediation communications; rules.
 (2) The Attorney General shall develop model rules that provide for the confidentiality of mediation communications in mediations described in subsection (1) of this section. The rules shall also provide for limitations on admissibility and disclosure in subsequent adjudicatory proceedings, as described in ORS 36.222 (7). The rules shall contain provisions governing mediations of workplace interpersonal disputes. The rules may be amended by the Attorney General after notice and opportunity for hearing as required by rulemaking procedures under ORS chapter 183.
 (3) Model rules developed by the Attorney General under this section must include a provision for notice to the parties to a mediation regarding the extent to which the mediation communications are confidential or subject to disclosure or introduction as evidence in subsequent adjudicatory proceedings.
 (4) A state agency may adopt the model rules developed by the Attorney General under this section in their entirety without complying with the rulemaking procedures under ORS 183.335. The agency shall file notice of adoption of rules under this subsection with the Secretary of State in the manner provided by ORS 183.355 for the filing of rules.
 (5) Except as provided in ORS 36.222, mediation communications in any mediation regarding a claim for workers’ compensation benefits conducted pursuant to rules adopted by the Workers’ Compensation Board are confidential, are not subject to disclosure under ORS 192.311 to 192.478 and may not be disclosed or admitted as evidence in subsequent adjudicatory proceedings, as described in ORS 36.222 (7), without regard to whether a state agency or other public body is a party to the mediation or is the mediator in the mediation.
 (6) Mediation communications made confidential by a rule adopted by a state agency are not subject to disclosure under ORS 192.311 to 192.478. [1997 c.670 §3; 2003 c.791 §23; 2005 c.333 §1; 2015 c.114 §1]
 Section 36.226 - Public bodies other than state agencies; confidentiality of mediation communications.
 (2) A public body other than a state agency may adopt a policy that provides that all or part of mediation communications in mediations in which the public body is a party will not be confidential. If a public body adopts a policy under this subsection, notice of the policy must be provided to all other parties in mediations that are subject to the policy. [1997 c.670 §4]
 Section 36.228 - Mediations in which two or more public bodies are parties.
 (2) Notwithstanding any other provision of ORS 36.220 to 36.238, if two or more public bodies are parties to a mediation in which a private person is also a party, mediation communications in the mediation are not confidential if the laws, rules or policies governing confidentiality of mediation communications for at least one of the public bodies provide that mediation communications in the mediation are not confidential.
 (3) Notwithstanding any other provision of ORS 36.220 to 36.238, if two or more public bodies are parties to a mediation in which a private person is also a party, mediation agreements in the mediation are not confidential if the laws, rules or policies governing confidentiality of mediation agreements for at least one of the public bodies provide that mediation agreements in the mediation are not confidential. [1997 c.670 §4a; 2007 c.12 §1]
 Section 36.230 - Public bodies; confidentiality of mediation agreements.
 (2) If a public body is a party to a mediation agreement, any provisions of the agreement that are exempt from disclosure as a public record under ORS 192.311 to 192.478 are confidential.
 (3) If a public body is a party to a mediation agreement, and the agreement is subject to the provisions of ORS 17.095, the terms of the agreement are confidential to the extent that those terms are confidential under ORS 17.095 (2).
 (4) If a public body is a party to a mediation agreement arising out of a workplace interpersonal dispute:
 (a) The agreement is confidential if the public body is not a state agency, unless the public body adopts a policy that provides otherwise;
 (b) The agreement is confidential if the public body is a state agency only to the extent that the state agency has adopted a rule under ORS 36.224 that so provides; and
 (c) Any term of an agreement that requires an expenditure of public funds, other than expenditures of $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the public body, may not be made confidential by a rule or policy of a public body. [1997 c.670 §5; 2005 c.352 §2]
 Section 36.232 - Disclosures allowed for reporting, research, training and educational purposes.
 (2) If a public body conducts or makes available a mediation, ORS 36.220 to 36.238 do not limit the ability of the public body to compile and disclose general statistical information concerning matters that have gone to mediation if the information does not identify specific cases.
 (3) In any mediation in a case that has been filed in court, ORS 36.220 to 36.238 do not limit the ability of the court to:
 (a) Require the parties or the mediator to report to the court the disposition of the mediation at the conclusion of the mediation proceeding;
 (b) Disclose records reflecting which matters have been referred for mediation; or
 (c) Disclose the disposition of the matter as reported to the court.
 (4) ORS 36.220 to 36.238 do not limit the ability of a mediator or mediation program to use or disclose confidential mediation communications, the disposition of matters referred for mediation and the terms of mediation agreements to another person for use in research, training or educational purposes, subject to the following:
 (a) A mediator or mediation program may only use or disclose confidential mediation communications if the communications are used or disclosed in a manner that does not identify individual mediations or parties.
 (b) A mediator or mediation program may use or disclose confidential mediation communications that identify individual mediations or parties only if and to the extent allowed by a written agreement with, or written waiver of confidentiality by, the parties. [1997 c.670 §6]
 Section 36.234 - Parties to mediation.
 Section 36.236 - Effect on other laws.
 (2) Nothing in ORS 36.220 to 36.238 relieves a public body from complying with ORS 192.610 to 192.690. [1997 c.670 §9]
 Section 36.238 - Application of ORS 36.210 and 36.220 to 36.238.
 (1) All mediations, whether conducted by a publicly funded program or by a private mediation provider; and
 (2) Facilitated dispute resolution services conducted by the Public Records Advocate under ORS 192.464. Solely for purposes of ORS 36.210 and 36.220 to 36.238, a facilitated dispute resolution shall be deemed a mediation. [1997 c.670 §8; 2017 c.728 §7]
 Section 36.252 - Agricultural mediation services coordinated by State Department of Agriculture; rules.
 (2) The Director of Agriculture or a designee of the director shall serve as the agricultural mediation service coordinator. The coordinator shall establish rules necessary to implement ORS 36.252 to 36.268. The rules must include, but need not be limited to:
 (a) Reasonable mediator training guidelines for persons providing agricultural mediation services under ORS 36.252 to 36.268.
 (b) Fees to be charged for agricultural mediation services.
 (c) Methods for advertising the availability of agricultural mediation services.
 (d) Procedures for accepting applications for agricultural mediation services and for notifying any other person who is identified in the request for mediation as a party to the dispute. [1989 c.967 §3; 2015 c.202 §2]
 Note: 36.252 to 36.268 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 36 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 36.254 - Contracts for mediation services.
 (2) The coordinator may contract with, or use the services of, a private mediation organization, a community-based program, a state agency or a combination of organizations and agencies.
 (3) A contract entered into under this section may be terminated by the coordinator only upon 30 days’ written notice and for good cause.
 (4) An agricultural mediation service provider other than a state agency is an independent contractor and is not a state agency for any purpose. [1989 c.967 §4; 2015 c.202 §3]
 Note: See note under 36.252.
 Section 36.256 - Request for mediation services.
 (a) A person engaged in the production of livestock, poultry, field crops, fruit, dairy, fur-bearing animals, Christmas trees, vermiculture products, food fish or other animal and vegetable matter; or
 (b) Any other person at the discretion of the department.
 (2) A person may request mediation by submitting the request to the department on a form provided by the department. A mediation request must include:
 (a) The name and address of each party to the dispute;
 (b) The name of each party’s legal representative, if applicable; and
 (c) Any additional information the department may require.
 (3) ORS 36.252 to 36.268 do not require a person to engage or continue in the mediation of any dispute. Mediation under ORS 36.252 to 36.268 is voluntary for all parties to the dispute, and if the parties agree to engage in mediation, any party may at any time withdraw from mediation.
 (4) The submission of a request for mediation does not operate to stay, impede or delay in any manner the commencement, prosecution or defense of any action or proceeding by any person. [1989 c.967 §5; 1995 c.277 §6; 1997 c.631 §566; 2005 c.22 §29; 2015 c.27 §2; 2015 c.202 §4]
 Note: See note under 36.252.
 Section 36.258 - Duties of mediator.
 (1) Listen to the parties that are desiring to be heard.
 (2) Attempt to facilitate a negotiated agreement that provides for mutual satisfaction.
 (3) Seek assistance as necessary from any public or private agency to effect the goals of ORS 36.252 to 36.268.
 (4) Permit any person who is a party to the mediation to be represented in all mediation proceedings by any person selected by the party. [1989 c.967 §6; 2001 c.104 §10; 2015 c.202 §5]
 Note: See note under 36.252.
 Section 36.260 - Mediation agreement.
 (2) The parties to a mediation agreement:
 (a) Are bound by the terms of the agreement;
 (b) May enforce the mediation agreement as a legal contract; and
 (c) May use the mediation agreement as a defense against an action contrary to the mediation agreement.
 (3) If the mediator drafts the agreement, the mediator shall encourage the parties to have the agreement reviewed by independent legal counsel before signing the agreement. [1989 c.967 §7; 2015 c.202 §6]
 Note: See note under 36.252.
 Section 36.262 - Confidentiality of mediation materials.
 (2) Confidential materials and communications are not subject to disclosure in any judicial or administrative proceeding except:
 (a) When all parties to the mediation agree, in writing, to waive the confidentiality;
 (b) In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation; or
 (c) When the material or communications are statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, that were not prepared specifically for use in and not actually used in the mediation.
 (3) Notwithstanding subsection (2) of this section, a mediator may not be compelled to testify in any proceeding, unless all parties to the mediation and the mediator agree, in writing, to waive the confidentiality. [1989 c.967 §8; 2015 c.202 §7]
 Note: See note under 36.252.
 Section 36.264 - Civil immunity for mediators and mediation service providers.
 Note: See note under 36.252.
 Section 36.266 - Suspension of court proceedings during mediation; dismissal of action.
 (2) A suspension order under subsection (1) of this section suspends all orders and proceedings in the action for the time period specified in the suspension order. In specifying the time period, the court shall exercise its discretion for the purpose of permitting the parties to engage in mediation without prejudice to the rights of any person. The suspension order may include other terms and conditions as the court may consider appropriate. The suspension order may be revoked upon motion of any party or upon motion of the court.
 (3) If all parties to the action agree, by written stipulation, that all issues before the court are resolved by mediation under ORS 36.252 to 36.268, the court shall dismiss the action. If the parties do not agree that the issues are resolved or if the court revokes the suspension order under subsection (2) of this section, the action shall proceed as if mediation had not been attempted. [1989 c.967 §10; 2015 c.202 §9]
 Note: See note under 36.252.
 Section 36.268 - Provision of mediation services contingent on funding.
 Note: See note under 36.252.
 Section 36.280 - Mediation of disputes related to interference with farming practices.
 (a) Provide mediation program services under ORS 36.252 to assist the parties in attempting to reach a voluntary resolution of the dispute; or
 (b) Refer the parties to the United States Department of Agriculture for the purpose of participating in a certified state agricultural mediation program.
 (2) A person that is requested to participate in a mediation proceeding under this section may elect to have the proceeding conducted through the use of mediation program services described in subsection (1)(a) of this section or under a mediation program described in subsection (1)(b) of this section. However, if the State Department of Agriculture has referred the parties under subsection (1)(b) of this section, a person electing to instead use mediation services described in subsection (1)(a) of this section must pay any additional costs and fees resulting from that election.
 (3) If the State Department of Agriculture provides mediation program services under subsection (1)(a) of this section, the total amount that the department may require of the parties as costs and fees for services provided in connection with the mediation of the dispute may not exceed $2,500. The party requesting the mediation services is responsible for paying the costs and fees unless both parties agree to divide the costs and fees. Unless the parties agree to a shorter time, the department shall conduct at least four hours of mediation proceedings to attempt to reach resolution of the dispute.
 (4) If a party is offered dispute mediation under subsection (1) of this section and is unwilling to participate in a mediation proceeding, a court may consider that unwillingness when determining whether to grant or deny a preliminary injunction.
 (5) If a court action arises out of an alleged interference with the use of land for a farming practice due to the planting, growing or harvesting of an agricultural or horticultural commodity on nearby land, and the parties to the action have not previously attempted to have the dispute mediated, the parties must participate in a mediation proceeding under a program described under subsection (1) of this section beginning no later than 270 days after the action is filed. This subsection does not require participation in a mediation proceeding if the action settles or is otherwise resolved within 270 days after filing or if all parties to the action agree to waive mediation. A court may impose sanctions against a party that is unwilling to participate for at least four hours, or for a shorter time that was agreed to by the parties, in a mediation proceeding required under this subsection.
 (6) This section does not create any new cause of action or supersede any requirement, condition or prohibition otherwise established by law regarding the bringing of an action. [2015 c.630 §1; 2017 c.72 §1]
 Note: Section 3, chapter 630, Oregon Laws 2015, provides:
 Sec. 3. Section 1 of this 2015 Act [36.280] does not apply to any dispute regarding the planting, growing or harvesting of a genetically engineered agricultural or horticultural commodity in a county that has in effect a valid ordinance lawfully adopted on or before the effective date of this 2015 Act [January 1, 2016] that regulates the planting, growing or harvesting of genetically engineered agricultural or horticultural commodities. [2015 c.630 §3]
 Note: 36.280 and 36.283 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 36 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 36.283 - Confidentiality of mediation communications and agreement.
 (2) Except as provided under ORS 36.220 to 36.238, if the parties to a mediation described in ORS 36.280 have agreed in writing that all or part of the mediation communications or all or part of the terms of a mediation agreement are confidential, a cause of action exists against a party that discloses the confidential communications or terms for damages resulting from the disclosure.
 (3) ORS 36.280 does not require a party to a mediation proceeding to disclose confidential business information or to disclose other confidential information that may be adverse to the legal interests of the party. [2015 c.630 §2]
 Note: See second note under 36.280.
 Section 36.400 - Mandatory arbitration programs.
 (2) Rules consistent with ORS 36.400 to 36.425 to govern the operation and procedure of an arbitration program established under this section may be made in the same manner as other rules applicable to the court and are subject to the approval of the Chief Justice of the Supreme Court.
 (3) Each circuit court shall require arbitration under ORS 36.400 to 36.425 in matters involving $50,000 or less.
 (4) ORS 36.400 to 36.425 do not apply to appeals from a county, justice or municipal court or actions in the small claims department of a circuit court. Actions transferred from the small claims department of a circuit court by reason of a request for a jury trial under ORS 46.455, by reason of the filing of a counterclaim in excess of the jurisdiction of the small claims department under ORS 46.461, or for any other reason, shall be subject to ORS 36.400 to 36.425 to the same extent and subject to the same conditions as a case initially filed in circuit court. The arbitrator shall not allow any party to appear or participate in the arbitration proceeding after the transfer unless the party pays the arbitrator fee established by court rule or the party obtains a waiver or deferral of the fee from the court and provides a copy of the waiver or deferral to the arbitrator. The failure of a party to appear or participate in the arbitration proceeding by reason of failing to pay the arbitrator fee or obtain a waiver or deferral of the fee does not affect the ability of the party to appeal the arbitrator’s decision and award in the manner provided by ORS 36.425. [Formerly 33.350; 1993 c.482 §1; 1995 c.618 §10; 1995 c.658 §30a; 1997 c.46 §§3,4; 2005 c.274 §1]
 Section 36.405 - Referral to mandatory arbitration; exemptions.
 (a) The only relief claimed is recovery of money or damages, and no party asserts a claim for money or general and special damages in an amount exceeding $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment.
 (b) The action is a domestic relations suit, as defined in ORS 107.510, in which the only contested issue is the division or other disposition of property between the parties.
 (2) The presiding judge for a judicial district may do either of the following:
 (a) Exempt from arbitration under ORS 36.400 to 36.425 a civil action that otherwise would be referred to arbitration under this section.
 (b) Remove from further arbitration proceedings a civil action that has been referred to arbitration under this section, when, in the opinion of the judge, good cause exists for that exemption or removal.
 (3) If a court has established a mediation program that is available for a civil action that would otherwise be subject to arbitration under ORS 36.400 to 36.425, the court shall not assign the proceeding to arbitration if the proceeding is assigned to mediation pursuant to the agreement of the parties. Notwithstanding any other provision of ORS 36.400 to 36.425, a party who completes a mediation program offered by a court shall not be required to participate in arbitration under ORS 36.400 to 36.425. [Formerly 33.360; 1995 c.455 §2a; 1995 c.618 §11; 1995 c.658 §31a; 1995 c.781 §32; 2005 c.274 §2; 2009 c.83 §3]
 Section 36.410 - Stipulation for arbitration; conditions; relief.
 (a) The relief claimed is more than or other than recovery of money or damages.
 (b) The only relief claimed is recovery of money or damages and a party asserts a claim for money or general and special damages in an amount exceeding $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment.
 (2) If a civil action is referred to arbitration under this section, the arbitrator may grant any relief that could have been granted if the action were determined by a judge of the court. [Formerly 33.370; 1995 c.618 §12; 1995 c.658 §32; 2005 c.274 §3]
 Section 36.415 - Arbitration after waiver of amount of claim exceeding $50,000; motion for referral to arbitration.
 (2) In a civil action in a circuit court where all parties have appeared, where the only relief claimed is recovery of money or damages and where a party asserts a claim for money or general and special damages in an amount exceeding $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment, any party against whom the claim is made may file a motion with the court requesting that the matter be referred to arbitration. After hearing upon the motion, the court shall refer the matter to arbitration under ORS 36.400 to 36.425 if the defendant establishes by affidavits and other documentation that no objectively reasonable juror could return a verdict in favor of the claimant in excess of $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment. [Formerly 33.380; 1995 c.618 §13; 1995 c.658 §33; 2005 c.274 §4]
 Section 36.420 - Notice of arbitration hearing; open proceeding; compensation and expenses.
 (2) The arbitration proceeding and the records thereof shall be open to the public to the same extent as would a trial of the action in the court and the records thereof.
 (3) The compensation of the arbitrator and other expenses of the arbitration proceeding shall be the obligation of the parties or any of them as provided by rules made under ORS 36.400. However, if those rules require the parties or any of them to pay any of those expenses in advance, in the form of fees or otherwise, as a condition of arbitration, the rules shall also provide for the waiver in whole or in part, deferral in whole or in part, or both, of that payment by a party whom the court finds is then unable to pay all or any part of those advance expenses. Expenses so waived shall be paid by the state from funds available for the purpose. Expenses so deferred shall be paid, if necessary, by the state from funds available for the purpose, and the state shall be reimbursed according to the terms of the deferral. [Formerly 33.390; 1993 c.482 §2]
 Section 36.425 - Filing of decision and award; notice of appeal; trial de novo; attorney fees and costs; effect of arbitration decision and award.
 (2)(a) Within 20 days after the filing of a decision and award with the clerk of the court under subsection (1) of this section, a party against whom relief is granted by the decision and award or a party whose claim for relief was greater than the relief granted to the party by the decision and award, but no other party, may file with the clerk a written notice of appeal and request for a trial de novo of the action in the court on all issues of law and fact. A copy of the notice of appeal and request for a trial de novo must be served on all other parties to the proceeding. After the filing of the written notice a trial de novo of the action shall be held. If the action is triable by right to a jury and a jury is demanded by a party having the right of trial by jury, the trial de novo shall include a jury.
 (b) If a party files a written notice under paragraph (a) of this subsection, a trial fee or jury trial fee, as applicable, shall be collected as provided in ORS 21.225.
 (c) A party filing a written notice under paragraph (a) of this subsection shall deposit with the clerk of the court the sum of $150. If the position under the arbitration decision and award of the party filing the written notice is not improved as a result of a judgment in the action on the trial de novo, the clerk shall dispose of the sum deposited in the same manner as a fee collected by the clerk. If the position of the party is improved as a result of a judgment, the clerk shall return the sum deposited to the party. If the court finds that the party filing the written notice is then unable to pay all or any part of the sum to be deposited, the court may waive in whole or in part, defer in whole or in part, or both, the sum. If the sum or any part thereof is so deferred and the position of the party is not improved as a result of a judgment, the deferred amount shall be paid by the party according to the terms of the deferral.
 (3) If a written notice is not filed under subsection (2)(a) of this section within the 20 days prescribed, the court shall cause to be prepared and entered a judgment based on the arbitration decision and award. A judgment entered under this subsection may not be appealed.
 (4) Notwithstanding any other provision of law or the Oregon Rules of Civil Procedure:
 (a) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under the provisions of ORS 36.405 (1)(a), the party is entitled to attorney fees by law or contract, and the position of the party is not improved after judgment on the trial de novo, the party shall not be entitled to an award of attorney fees or costs and disbursements incurred by the party before the filing of the decision and award of the arbitrator, and shall be taxed the reasonable attorney fees and costs and disbursements incurred by the other parties to the action on the trial de novo after the filing of the decision and award of the arbitrator.
 (b) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under ORS 36.405 (1)(a), the party is not entitled to attorney fees by law or contract, and the position of the party is not improved after judgment on the trial de novo, pursuant to subsection (5) of this section the party shall be taxed the reasonable attorney fees and costs and disbursements of the other parties to the action on the trial de novo incurred by the other parties after the filing of the decision and award of the arbitrator.
 (c) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under ORS 36.405 (1)(b), and the position of the party is not improved after judgment on the trial de novo, the party shall not be entitled to an award of attorney fees or costs and disbursements and shall be taxed the costs and disbursements incurred by the other parties after the filing of the decision and award of the arbitrator.
 (5) If a party is entitled to an award of attorney fees under subsection (4) of this section, but is also entitled to an award of attorney fees under contract or another provision of law, the court shall award reasonable attorney fees pursuant to the contract or other provision of law. If a party is entitled to an award of attorney fees solely by reason of subsection (4) of this section, the court shall award reasonable attorney fees not to exceed the following amounts:
 (a) Twenty percent of the judgment, if the defendant requests the trial de novo but the position of the defendant is not improved after the trial de novo; or
 (b) Ten percent of the amount claimed in the complaint, if the plaintiff requests the trial de novo but the position of the plaintiff is not improved after the trial de novo.
 (6) Within seven days after the filing of a decision and award under subsection (1) of this section, a party may file with the court and serve on the other parties to the arbitration written exceptions directed solely to the award or denial of attorney fees or costs. Exceptions under this subsection may be directed to the legal grounds for an award or denial of attorney fees or costs, or to the amount of the award. Any party opposing the exceptions must file a written response with the court and serve a copy of the response on the party filing the exceptions. Filing and service of the response must be made within seven days after the service of the exceptions on the responding party. A judge of the court shall decide the issue and enter a decision on the award of attorney fees and costs. If the judge fails to enter a decision on the award within 20 days after the filing of the exceptions, the award of attorney fees and costs shall be considered affirmed. The filing of exceptions under this subsection does not constitute an appeal under subsection (2) of this section and does not affect the finality of the award in any way other than as specifically provided in this subsection.
 (7) For the purpose of determining whether the position of a party has improved after a trial de novo under the provisions of this section, the court shall not consider any money award or other relief granted on claims asserted by amendments to the pleadings made after the filing of the decision and award of the arbitrator. [Formerly 33.400; 1993 c.482 §3; 1995 c.455 §3; 1995 c.618 §14a; 1995 c.658 §34; 1997 c.756 §§1,2; 2003 c.576 §170]
 Section 36.450 - Definitions for ORS 36.450 to 36.558.
 (1) "Arbitral award" means any decision of the arbitral tribunal on the substance of the dispute submitted to it and includes any interim, interlocutory or partial arbitral award.
 (2) "Arbitral tribunal" means a sole arbitrator or a panel of arbitrators.
 (3) "Arbitration" means any arbitration whether or not administered by a permanent arbitral institution.
 (4) "Arbitration agreement" means an agreement by the parties to submit to arbitration all or certain disputes which may arise between them in respect to a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
 (5) "Commercial" means matters arising from all relationships of a commercial nature including, but not limited to, any of the following transactions:
 (a) A transaction for the supply or exchange of goods or services.
 (b) A distribution agreement.
 (c) A commercial representation or agency.
 (d) An exploitation agreement or concession.
 (e) A joint venture or other forms of industrial or business cooperation.
 (f) The carriage of goods or passengers by air, sea, rail or road.
 (g) Construction.
 (h) Insurance.
 (i) Licensing.
 (j) Factoring.
 (k) Leasing.
 (L) Consulting.
 (m) Engineering.
 (n) Financing.
 (o) Banking.
 (p) The transfer of data or technology.
 (q) Intellectual or industrial property, including trademarks, patents, copyrights and software programs.
 (r) Professional services.
 (6) "Conciliation" means any conciliation whether or not administered by a permanent conciliation institution.
 (7) "Chief Justice" means the Chief Justice of the Supreme Court of Oregon or designee.
 (8) "Circuit court" means the circuit court in the county in this state selected as pursuant to ORS 36.464.
 (9) "Court" means a body or an organ of the judicial system of a state or country.
 (10) "Party" means a party to an arbitration or conciliation agreement.
 (11) "Supreme Court" means the Supreme Court of Oregon. [1991 c.405 §4]
 Section 36.452 - Policy.
 (2) Any person may enter into a written agreement to arbitrate or conciliate any existing dispute or any dispute arising thereafter between that person and another. If the dispute is within the scope of ORS 36.450 to 36.558, the agreement shall be enforced by the courts of this state in accordance with ORS 36.450 to 36.558 without regard to the justiciable character of the dispute. In addition, if the agreement is governed by the law of this state, it shall be valid and enforceable in accordance with ordinary principles of contract law. [1991 c.405 §2; 1993 c.18 §12]
 Section 36.454 - Application of ORS 36.450 to 36.558; when arbitration or conciliation agreement is international; validity of written agreements.
 (2) The provisions of ORS 36.450 to 36.558, except ORS 36.468, 36.470, 36.522 and 36.524, apply only if the place of arbitration or conciliation is within the territory of the State of Oregon.
 (3) An arbitration or conciliation agreement is international if any of the following applies:
 (a) The parties to an arbitration or conciliation agreement have, at the time of the conclusion of that agreement, their places of business in different countries.
 (b) One of the following places is situated outside the country in which the parties have their places of business:
 (A) The place of arbitration or conciliation if determined in, or pursuant to, the arbitration or conciliation agreement.
 (B) Any place where a substantial part of the obligations of the commercial relationship is to be performed.
 (C) The place with which the subject matter of the dispute is most closely connected.
 (c) The parties have expressly agreed that the subject matter of the arbitration or conciliation agreement relates to commercial interests in more than one country.
 (d) The subject matter of the arbitration or conciliation agreement is otherwise related to commercial interests in more than one country.
 (4) For the purposes of subsection (3) of this section:
 (a) If a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration or conciliation agreement; or
 (b) If a party does not have a place of business, reference is to be made to the habitual residence of the party.
 (5) If a written agreement to submit an existing controversy to arbitration or a provision in a written contract to submit to arbitration a controversy thereafter arising between the parties qualifies for arbitration pursuant to this section, that written agreement or provision shall be valid, enforceable and irrevocable, save on such grounds as exist at law or in equity for the revocation of any contract.
 (6) Except as provided in this subsection, ORS 36.450 to 36.558 shall not affect any other law of the State of Oregon by virtue of which certain disputes may not be submitted to arbitration or conciliation or may be submitted to arbitration or conciliation only according to provisions other than those of ORS 36.450 to 36.558. ORS 36.450 to 36.558 supersede ORS 36.100 to 36.425 with respect to international commercial arbitration and conciliation. [1991 c.405 §3]
 Section 36.456 - Construction of ORS 36.450 to 36.558.
 (2) Where a provision of ORS 36.450 to 36.558 refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration or conciliation rules referred to in that agreement.
 (3) Except as provided in ORS 36.502 (1) and 36.516 (2)(a), where a provision of ORS 36.450 to 36.558 refers to a claim, it also applies to a counterclaim, and where it refers to a defense, it also applies to a defense of a counterclaim. [1991 c.405 §5]
 Section 36.458 - When written communication considered to have been received.
 (a) Any written communication is considered to have been received if it is delivered to the addressee personally or if it is delivered at the place of business, habitual residence or mailing address of the addressee. If none of these can be found after making a reasonable inquiry, a written communication is considered to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it; and
 (b) The communication is considered to have been received on the day it is so delivered.
 (2) The provisions of this section do not apply to communications in court proceedings. [1991 c.405 §6]
 Section 36.460 - Waiver of objection to arbitration.
 (2) For purposes of subsection (1) of this section, "any provision of ORS 36.450 to 36.558" means any provision of ORS 36.450 to 36.558 in respect of which the parties may otherwise agree. [1991 c.405 §7]
 Section 36.462 - Prohibition on intervention by court.
 Section 36.464 - Venue.
 (a) The county where the arbitration agreement is to be performed or was made.
 (b) If the arbitration agreement does not specify a county where the agreement is to be performed and the agreement was not made in any county in the State of Oregon, the county where any party to the court proceeding resides or has a place of business.
 (c) In any case not covered by paragraph (a) or (b) of this subsection, in any county in the State of Oregon.
 (2) All other functions assigned by ORS 36.450 to 36.558 to the circuit court shall be performed by the circuit court of the county in which the place of arbitration is located. [1991 c.405 §9]
 Section 36.466 - Arbitration agreements to be in writing.
 Section 36.468 - Application to stay judicial proceedings and compel arbitration.
 (2) Arbitral proceedings may begin or continue, and an award may be made, while a judicial proceeding described in subsection (1) of this section is pending before the court.
 (3) A court may not, without a request from a party made pursuant to subsection (1) of this section, refer the parties to arbitration. [1991 c.405 §11; 1993 c.244 §1]
 Section 36.470 - Interim judicial relief; factors considered by court; determination of arbitral tribunal’s jurisdiction.
 (2) Any party to an arbitration governed by ORS 36.450 to 36.558 may request from the circuit court the enforcement of an order of an arbitral tribunal granting an interim measure of protection pursuant to ORS 36.486. Enforcement shall be granted pursuant to the law applicable to the granting of the type of interim relief requested.
 (3) Measures which the circuit court may grant in connection with a pending arbitration include, but are not limited to:
 (a) An order of attachment issued to assure that the award to which the applicant may be entitled is not rendered ineffectual by the dissipation of party assets.
 (b) A preliminary injunction granted in order to protect trade secrets or to conserve goods which are the subject matter of the arbitral dispute.
 (4) In considering a request for interim relief, the court, subject to subsection (5) of this section, shall give preclusive effect to any and all findings of fact of the arbitral tribunal, including the probable validity of the claim which is the subject of the award for interim relief that the arbitral tribunal has previously granted in the proceeding in question, provided that such interim award is consistent with public policy.
 (5) Where the arbitral tribunal has not ruled on an objection to its jurisdiction, the court shall not grant preclusive effect to the tribunal’s findings until the court has made an independent finding as to the jurisdiction of the arbitral tribunal. If the court rules that the arbitral tribunal did not have jurisdiction, the application for interim measures of relief shall be denied. Such a ruling by the court that the arbitral tribunal lacks jurisdiction is not binding on the arbitral tribunal or subsequent judicial proceedings. [1991 c.405 §12; 1993 c.244 §2]
 Section 36.472 - Number of arbitrators.
 Section 36.474 - Procedure for appointment of arbitrators; appointment by circuit court.
 (2) The parties may agree on a procedure for appointing the arbitrator or arbitrators, subject to the provisions of subsections (4), (5) and (6) of this section.
 (3) If the parties do not agree on a procedure for appointing the arbitrator or arbitrators:
 (a) In an arbitration with two parties and involving three or more arbitrators, each party shall appoint one arbitrator and the appointed arbitrators shall appoint the remaining arbitrators. If a party fails to appoint an arbitrator within 30 days of receipt of a request to do so from the other party or parties, or if the two appointed arbitrators fail to agree on the remaining arbitrators within 30 days of their appointment, then, upon the request of any party, the circuit court shall make the appointment.
 (b) In an arbitration with more than two parties or in an arbitration with two parties involving fewer than three arbitrators, then, upon the request of any party, the arbitrator or arbitrators shall be appointed by the circuit court.
 (4) Unless the parties’ agreement on the appointment procedure provides other means for securing the appointment, any party may request the circuit court to make the appointment if there is an appointment procedure agreed upon by the parties and if:
 (a) A party fails to act as required under such procedure;
 (b) The parties, or the appointed arbitrators, are unable to reach an agreement as expected of them under such procedure; or
 (c) A third party, including an institution, fails to perform any function entrusted to it under such procedure.
 (5) A decision by the circuit court on a matter entrusted to it by subsection (3) or (4) of this section shall be final and not subject to appeal.
 (6) The circuit court, in appointing an arbitrator, shall have due regard to all of the following:
 (a) Any qualifications required of the arbitrator by the agreement of the parties;
 (b) Other considerations as are likely to secure the appointment of an independent and impartial arbitrator; and
 (c) The advisability of appointing an arbitrator of a nationality other than those of the parties. [1991 c.405 §14; 1993 c.244 §3]
 Section 36.476 - Disclosure by proposed arbitrators and conciliators; waiver of disclosure; grounds for challenge.
 (a) The person has a personal bias or prejudice concerning a party or personal knowledge of the disputed evidentiary facts concerning the proceeding.
 (b) The person served as a lawyer in the matter in controversy, or the person is or has been associated with another who has participated in the matter during such association, or the person has been a material witness concerning it.
 (c) The person served as an arbitrator or conciliator in another proceeding involving one or more of the parties to the proceeding.
 (d) The person, individually or as a fiduciary, or the person’s spouse or minor child, or anyone residing in the person’s household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.
 (e) The person, the person’s spouse or minor child, anyone residing in the person’s household, any individual within the third degree of relationship to any of them, or the spouse of any of them, meets any of the following conditions:
 (A) The person is or has been a party to the proceeding, or an officer, director or trustee of a party.
 (B) The person is acting or has acted as a lawyer in the proceeding.
 (C) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.
 (D) The person is likely to be a material witness in the proceeding.
 (f) The person has a close personal or professional relationship with a person who meets any of the following conditions:
 (A) The person is or has been a party to the proceeding, or an officer, director or trustee of a party.
 (B) The person is acting or has acted as a lawyer or representative in the proceeding.
 (C) The person is or expects to be nominated as an arbitrator or conciliator in the proceedings.
 (D) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.
 (E) The person is likely to be a material witness in the proceeding.
 (2) The obligation to disclose information set forth in subsection (1) of this section is mandatory and cannot be waived by the parties with respect to persons serving either as the sole arbitrator or sole conciliator or as one of two arbitrators or conciliators or as the chief or prevailing arbitrator or conciliator. The parties may otherwise agree to waive such disclosure.
 (3) From the time of appointment and throughout the arbitral proceedings, an arbitrator shall, without delay, disclose to the parties any circumstances referred to in subsection (1) of this section which were not previously disclosed.
 (4) Unless otherwise agreed by the parties or allowed by the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to the independence or impartiality of the arbitrator, or as to possession of the qualifications upon which the parties have agreed.
 (5) A party may challenge an arbitrator appointed by it, or in whose appointment it has participated, only for reasons of which it becomes aware after the appointment has been made. [1991 c.405 §15]
 Section 36.478 - Procedure for challenging arbitrator.
 (2) Failing any agreement referred to in subsection (1) of this section, a party which intends to challenge an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in ORS 36.476 (4) and (5), whichever shall be later, send a written statement of the reasons for the challenge to the arbitral tribunal.
 (3) Unless the arbitrator challenged under subsection (2) of this section withdraws from office or the other party agrees to the challenge, the arbitral tribunal shall decide the challenge.
 (4)(a) If a challenge under any procedure agreed upon by the parties or under the procedure under subsections (2) and (3) of this section is not successful, the challenging party may request the circuit court, within 30 days after having received notice of the decision rejecting the challenge, to decide on the challenge.
 (b) When the request is made, the circuit court may refuse to decide on the challenge if it is satisfied that, under the procedure agreed upon by the parties, the party making the request had an opportunity to have the challenge decided upon by other than the arbitral tribunal.
 (c) Notwithstanding paragraph (b) of this subsection, whether the challenge is under any procedure agreed upon by the parties or under the procedure under subsections (2) and (3) of this section, if a challenge is based upon the grounds set forth in ORS 36.476 (1), the circuit court shall hear the challenge and, if it determines that the facts support a finding that such ground or grounds fairly exist, then the challenge shall be sustained.
 (5) The decision of the circuit court under subsection (4) of this section is final and not subject to appeal.
 (6) While a request under subsection (4) of this section is pending, the arbitral tribunal, including the challenged arbitrator, may continue with the arbitral proceedings and make an arbitral award. [1991 c.405 §16; 1993 c.244 §4]
 Section 36.480 - Withdrawal of arbitrator; termination of mandate.
 (2) If a controversy remains concerning any of the grounds referred to in subsection (1) of this section, a party may request the circuit court to decide on the termination of the mandate.
 (3) The decision of the circuit court under subsection (2) of this section is not subject to appeal.
 (4) If, under this section or ORS 36.478 (3), an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to under this section or under ORS 36.476 (4) and (5). [1991 c.405 §17]
 Section 36.482 - Substitute arbitrator; effect of substitution.
 (2) Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
 (3) Unless otherwise agreed by the parties:
 (a) Where the number of arbitrators is less than three and an arbitrator is replaced, any hearings previously held shall be repeated.
 (b) Where the presiding arbitrator is replaced, any hearings previously held shall be repeated.
 (c) Where the number of arbitrators is three or more and an arbitrator other than the presiding arbitrator is replaced, any hearings previously held may be repeated at the discretion of the arbitral tribunal.
 (4) Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal. [1991 c.405 §18]
 Section 36.484 - Arbitral tribunal may rule on own jurisdiction; time for raising issue of jurisdiction; review by circuit court.
 (2) A plea that the arbitral tribunal does not have jurisdiction shall be raised no later than the submission of the statement of defense. However, a party is not precluded from raising such a plea by the fact that the party has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. In either case, the arbitral tribunal may admit a later plea if it considers the delay justified.
 (3) The arbitral tribunal may rule on a plea referred to in subsection (2) of this section either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party shall request the circuit court, within 30 days after having received notice of that ruling, to decide the matter or shall be deemed to have waived objection to such finding.
 (4) The decision of the circuit court under subsection (3) of this section is not subject to appeal.
 (5) While a request under subsection (3) of this section is pending, the arbitral tribunal may continue with the arbitral proceedings and make an arbitral award. [1991 c.405 §19; 1993 c.244 §5]
 Section 36.486 - Interim measures of protection ordered by arbitral tribunal; security.
 Section 36.488 - Fairness in proceedings.
 Section 36.490 - Procedures subject to agreement by parties; procedure in absence of agreement.
 (2) If the parties fail to agree, subject to the provisions of ORS 36.450 to 36.558, the arbitral tribunal may conduct the arbitration in such a manner as it considers appropriate.
 (3) The power of the arbitral tribunal under subsection (2) of this section includes the power to determine the admissibility, relevance, materiality and weight of any evidence. [1991 c.405 §22]
 Section 36.492 - Place of arbitration.
 (2) Notwithstanding the provisions of subsection (1) of this section, unless otherwise agreed by the parties, the arbitral tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for the inspection of documents, goods or other property. [1991 c.405 §23]
 Section 36.494 - Commencement of arbitral proceedings.
 Section 36.496 - Language used in proceedings.
 (2) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal. [1991 c.405 §25]
 Section 36.498 - Contents of statements by claimant and respondent; amendment or supplement.
 (2) The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.
 (3) Unless otherwise agreed by the parties, either party may amend or supplement the claim or defense of the party during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it. [1991 c.405 §26]
 Section 36.500 - Oral hearing; notice; discovery.
 (2) Unless the parties have agreed that no oral hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate stage of the proceedings, if so requested by a party.
 (3) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of the inspection of documents, goods or other property.
 (4) All statements, documents or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party. Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.
 (5) Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings shall be held in camera. [1991 c.405 §27; 1993 c.244 §6]
 Section 36.502 - Effect of failure to make required statement or to appear at oral hearing.
 (2) Unless otherwise agreed by the parties, where, without showing sufficient cause, the respondent fails to communicate the statement of defense of the respondent in accordance with ORS 36.498 (1) and (2), the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the claimant’s allegations.
 (3) Unless otherwise agreed by the parties, where, without showing sufficient cause, a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue with the proceedings and make the arbitral award on the evidence before it. [1991 c.405 §28]
 Section 36.504 - Appointment of experts.
 (2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of the expert’s written or oral report, participate in an oral hearing where the parties have the opportunity to question the expert and to present expert witnesses on the points at issue. [1991 c.405 §29; 1993 c.244 §7]
 Section 36.506 - Circuit court assistance in taking evidence; circuit court authorized to enter certain orders upon application.
 (2) When the parties to two or more arbitration agreements have agreed in their respective arbitration agreements or otherwise, the circuit court may, on application by one party with the consent of all other parties to those arbitration agreements, do one or more of the following:
 (a) Order the arbitration proceedings arising out of those arbitration agreements to be consolidated on terms the court considers just and necessary.
 (b) Where all the parties cannot agree on an arbitral tribunal for the consolidated arbitration, appoint an arbitral tribunal in accordance with ORS 36.474 (6).
 (c) Where the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order it considers necessary.
 (d) Order the arbitration proceedings arising out of those arbitration agreements to be held at the same time or one immediately after another.
 (e) Order any of the arbitration proceedings arising out of those arbitration agreements to be stayed until the determination of any other of them.
 (3) Nothing in this section shall be construed to prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any steps that are necessary to effect that consolidation. [1991 c.405 §30; 1993 c.244 §8]
 Section 36.508 - Choice of laws.
 (2) Any designation by the parties of the law or legal system of a given country or political subdivision thereof shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules.
 (3) Failing any designation of the law under subsection (1) of this section by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute.
 (4) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur if the parties have expressly authorized it to do so.
 (5) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction. [1991 c.405 §31]
 Section 36.510 - Decision of arbitral tribunal.
 Section 36.512 - Settlement.
 (2) If, during the arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.
 (3) An arbitral award on agreed terms shall be made in accordance with ORS 36.514 and shall state that it is an arbitral award.
 (4) An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute. [1991 c.405 §33; 1993 c.244 §10]
 Section 36.514 - Arbitral award; contents; interim award; award for costs of arbitration.
 (2) The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an arbitral award on agreed terms under ORS 36.512.
 (3) The arbitral award shall state its date and the place of arbitration as determined in accordance with ORS 36.492 (1) and the award shall be considered to have been made at that place.
 (4) After the arbitral award is made, a copy signed by the arbitrators in accordance with subsection (1) of this section shall be delivered to each party.
 (5) The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award. The interim award may be enforced in the same manner as a final arbitral award.
 (6) Unless otherwise agreed by the parties, the arbitral tribunal may award interest.
 (7)(a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal.
 (b) In making an order for costs, the arbitral tribunal may include as costs any of the following:
 (A) The fees and expenses of the arbitrators and expert witnesses.
 (B) Legal fees and expenses.
 (C) Any administration fees of the institution supervising the arbitration, if any.
 (D) Any other expenses incurred in connection with the arbitral proceedings.
 (c) In making an order for costs, the arbitral tribunal may specify any of the following:
 (A) The party entitled to costs.
 (B) The party who shall pay the costs.
 (C) The amount of costs or the method of determining that amount.
 (D) The manner in which the costs shall be paid. [1991 c.405 §34]
 Section 36.516 - Termination of arbitral proceedings.
 (2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:
 (a) The claimant withdraws the claim, unless the respondent objects thereto and the arbitral tribunal recognizes a legitimate interest on the part of the respondent in obtaining a final settlement of the dispute;
 (b) The parties agree on the termination of the proceedings; or
 (c) The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
 (3) Subject to ORS 36.518 and 36.520 (4), the mandate of the arbitral tribunal terminates with the termination of the arbitral proceeding. [1991 c.405 §35; 1993 c.244 §11]
 Section 36.518 - Correction of errors in award; interpretation of award; additional award.
 (a) A party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, clerical or typographical errors, or errors of similar nature; and
 (b) A party may, if agreed by the parties, request the arbitral tribunal to give an interpretation of a specific point or part of the arbitral award.
 (2) If the arbitral tribunal considers any request made under subsection (1) of this section to be justified, it shall make the correction or give the interpretation within 30 days of the receipt of the request. The interpretation shall form part of the arbitral award.
 (3) The arbitral tribunal may correct any error of the type referred to in subsection (1)(a) of this section on its own initiative within 30 days of the date of the award.
 (4) Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within 30 days of receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the arbitral tribunal considers the request to be justified, it shall make the additional award within 60 days.
 (5) If necessary, the arbitral tribunal may extend the period of time within which it shall make a correction, interpretation or an additional award under subsection (1) or (4) of this section.
 (6) The provisions of ORS 36.514 shall apply to a correction or interpretation of the award or to an additional award. [1991 c.405 §36; 1993 c.244 §12]
 Section 36.520 - Setting aside award; grounds; time for application; circuit court fees.
 (2) An arbitral award may be set aside by the circuit court only if:
 (a) The party making application furnishes proof that:
 (A) A party to the arbitration agreement referred to in ORS 36.466 was under some incapacity or that the agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the laws of the State of Oregon or the United States;
 (B) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present the party’s case;
 (C) The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters not submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or
 (D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of ORS 36.450 to 36.558 from which the parties cannot derogate, or, failing such agreement, was not in accordance with ORS 36.450 to 36.558; or
 (b) The circuit court finds that:
 (A) The subject matter of the dispute is not capable of settlement by arbitration under the laws of the State of Oregon or of the United States; or
 (B) The award is in conflict with the public policy of the State of Oregon or of the United States.
 (3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made under ORS 36.518, from the date on which that request had been disposed of by the arbitral tribunal.
 (4) The circuit court, when asked to set aside an arbitral award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.
 (5) The clerk of the circuit court shall collect the filing fees established under ORS 21.135 from the party making application for setting aside under subsection (1) of this section and from a party filing an appearance in opposition to the application. [1991 c.405 §37; 1993 c.244 §13; 1997 c.801 §55; 2003 c.737 §§41,42; 2005 c.702 §§41,42,43; 2007 c.860 §5; 2011 c.595 §41]
 Section 36.522 - Enforcement of award; procedure; fee; entry of judgment.
 (2) The party relying on an award or applying for its enforcement shall supply the authenticated original or a certified copy of the award and the original or certified copy of the arbitration agreement referred to in ORS 36.466. If the award or agreement is not made in the English language, then the party relying on the award or applying for its enforcement shall supply a duly certified translation thereof into the English language.
 (3) The party relying on an arbitral award or applying for its enforcement shall deliver to the clerk of the circuit court the documents specified in subsection (2) of this section along with proof of the delivery of a copy of the arbitral award as required by ORS 36.514 (4). The relying party shall pay to the clerk the filing fee established under ORS 21.135, after which the clerk shall enter the arbitral award of record in the office of the clerk. If no application to set aside is filed against the arbitral award as provided in ORS 36.520 within the time specified in ORS 36.520 (3) or, if such an application is filed, the relying party after the disposition of the application indicates the intention to still rely on the award or to apply for its enforcement, judgment shall be entered as upon the verdict of a jury, and execution may issue thereon, and the same proceedings may be had upon the award with like effect as upon a verdict in a civil action. [1991 c.405 §38; 2011 c.595 §42]
 Section 36.524 - Grounds for refusal to enforce award; fee.
 (a) At the request of the party against whom it is invoked, if that party pays the clerk of the circuit court the filing fee established under ORS 21.135 and furnishes to the court where recognition or enforcement is sought proof that:
 (A) A party to the arbitration agreement referred to in ORS 36.466 was under some incapacity or that the agreement is not valid under the law to which the parties have subjected it or under the law of the country where the award was made;
 (B) The party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present the party’s case;
 (C) The arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or the award contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced;
 (D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or
 (E) The award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made; or
 (b) If the court finds that:
 (A) The subject matter of the dispute is not capable of settlement by arbitration under the laws of the State of Oregon or of the United States; or
 (B) The recognition or enforcement of the arbitral award would be contrary to the public policy of the State of Oregon or of the United States.
 (2) If an application for setting aside or suspension of an award has been made to the court referred to in subsection (1)(a)(E) of this section, and if it considers it proper, the court where recognition or enforcement is sought may adjourn its decision on application of the party claiming recognition or enforcement of the award. The court may also order the other party to provide appropriate security. [1991 c.405 §39; 2011 c.595 §43]
 Section 36.526 - Provisions to be interpreted in good faith.
 Section 36.528 - Policy to encourage conciliation.
 Section 36.530 - Guiding principles of conciliators.
 Section 36.532 - Manner of conducting conciliation proceedings.
 Section 36.534 - Draft conciliation settlement.
 (2) No party may be required to accept any settlement proposed by the conciliator or conciliators. [1991 c.405 §44]
 Section 36.536 - Prohibition on use of statements, admissions or documents arising out of conciliation proceedings.
 (1) Evidence of anything said or of any admission made in the course of the conciliation is not admissible in evidence and disclosure of any such evidence shall not be compelled in any civil action in which, pursuant to law, testimony may be compelled to be given. However, this subsection does not limit the admissibility of evidence if all parties participating in conciliation consent, in writing, to its disclosure, provided that such consent is given after the statement or admission to be disclosed is made in the conciliation proceeding.
 (2) In the event that any such evidence is offered in contravention of this section, the arbitration tribunal or the court shall make any order which it considers to be appropriate to deal with the matter, including, without limitation, orders restricting the introduction of evidence, or dismissing the case without prejudice.
 (3) Unless the document otherwise provides, no document prepared for the purpose of, or in the course of, or pursuant to, the conciliation, or any copy thereof, is admissible in evidence and disclosure of any such document shall not be compelled in any arbitration or civil action in which, pursuant to law, testimony may be compelled to be given. [1991 c.405 §45; 1993 c.244 §14]
 Section 36.538 - Conciliation to act as stay of other proceedings; tolling of limitation periods during conciliation.
 (2) All applicable limitation periods, including periods of prescription, shall be tolled or extended upon the commencement of conciliation proceedings to conciliate a dispute under ORS 36.450 to 36.558 and all limitation periods shall remain tolled and periods of prescription extended as to all parties to the conciliation proceedings until the 10th day following the termination of conciliation proceedings.
 (3) For purposes of this section, conciliation proceedings are deemed to have commenced as soon as:
 (a) A party has requested conciliation of a particular dispute or disputes; and
 (b) The other party or parties agree to participate in the conciliation proceeding. [1991 c.405 §46]
 Section 36.540 - Termination of conciliation proceedings.
 (a) A written declaration of the conciliator or conciliators, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration.
 (b) A written declaration of the parties addressed to the conciliator or conciliators to the effect that the conciliation proceedings are terminated, on the date of the declaration.
 (c) The signing of a settlement agreement by all of the parties, on the date of the agreement.
 (2) The conciliation proceedings may be terminated as to particular parties by either of the following:
 (a) A written declaration of a party to the other party or parties and the conciliator or conciliators, if appointed, to the effect that the conciliation proceedings shall be terminated as to that particular party, on the date of the declaration.
 (b) The signing of a settlement agreement by some of the parties, on the date of the agreement. [1991 c.405 §47; 1993 c.244 §15]
 Section 36.542 - Conciliator not to be arbitrator or take part in arbitral or judicial proceedings.
 Section 36.544 - Submission to conciliation not waiver.
 Section 36.546 - Conciliation agreement to be treated as arbitral award.
 Section 36.548 - Costs of conciliation proceedings.
 (1) A reasonable fee to be paid to the conciliator or conciliators.
 (2) The travel and other reasonable expenses of the conciliator or conciliators.
 (3) The travel and other reasonable expenses of witnesses requested by the conciliator or conciliators with the consent of the parties.
 (4) The cost of any expert advice requested by the conciliator or conciliators with the consent of the parties.
 (5) The cost of any court. [1991 c.405 §51]
 Section 36.550 - Payment of costs.
 Section 36.552 - Effect of conciliation on jurisdiction of courts.
 Section 36.554 - Immunities.
 (2) No person who serves as an arbitrator or as a conciliator shall be held liable in an action for damages resulting from any act or omission in the performance of their role as an arbitrator or as a conciliator in any proceeding subject to ORS 36.450 to 36.558. [1991 c.405 §54; 1993 c.244 §16]
 Section 36.556 - Severability.
 Section 36.558 - Short title.
 Section 36.600 - Definitions.
 (1) "Arbitration organization" means an association, agency, board, commission or other entity that is neutral and initiates, sponsors or administers an arbitration proceeding or is involved in the appointment of an arbitrator.
 (2) "Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.
 (3) "Court" means a circuit court.
 (4) "Knowledge" means actual knowledge.
 (5) "Person" means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.
 (6) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [2003 c.598 §1; 2009 c.294 §3]
 Note: 36.600 to 36.740 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 36 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 36.605 - Notice.
 (2) A person has notice if the person has knowledge of the notice or has received notice.
 (3) A person receives notice when it comes to the person’s attention or the notice is delivered at the person’s place of residence or place of business, or at another location held out by the person as a place of delivery of such communications. [2003 c.598 §2]
 Note: See note under 36.600.
 Section 36.610 - Effect of agreement to arbitrate; nonwaivable provisions.
 (2) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
 (a) Waive or agree to vary the effect of the requirements of this section or ORS 36.615, 36.620 (1), 36.630, 36.675 (1) or (2), 36.720 or 36.730;
 (b) Agree to unreasonably restrict the right under ORS 36.635 to notice of the initiation of an arbitration proceeding;
 (c) Agree to unreasonably restrict the right under ORS 36.650 to disclosure of any facts by a neutral arbitrator; or
 (d) Waive the right under ORS 36.670 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under ORS 36.600 to 36.740, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
 (3) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or ORS 36.625, 36.660, 36.680, 36.690 (4) or (5), 36.700, 36.705, 36.710, 36.715 (1) or (2), 36.735 or 36.740 or section 3 (1) or (3) or 31, chapter 598, Oregon Laws 2003.
 (4) Subsections (2) and (3) of this section do not apply to agreements to arbitrate entered into by two or more insurers, as defined by ORS 731.106, or self-insured persons for the purpose of arbitration of disputes arising out of the provision of insurance. [2003 c.598 §4; 2011 c.595 §118]
 Note: See note under 36.600.
 Section 36.615 - Application for judicial relief; fees.
 (2) Unless a civil action involving the agreement to arbitrate is pending, notice of a first petition to the court under ORS 36.600 to 36.740 must be served in the manner provided by ORCP 7 D. Otherwise, notice of the petition must be given in the manner provided by ORCP 9. [2003 c.598 §5; 2003 c.737 §§40a,40c; 2005 c.702 §§45,46,47; 2007 c.860 §6; 2010 c.107 §§40,41; 2011 c.595 §44]
 Note: See note under 36.600.
 Section 36.620 - Validity of agreement to arbitrate; form of acknowledgment of agreement.
 (2) Subject to ORS 36.625 (8), the court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
 (3) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled.
 (4) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
 (5) A written arbitration agreement entered into between an employer and employee and otherwise valid under subsection (1) of this section is voidable and may not be enforced by a court unless:
 (a) At least 72 hours before the first day of the employee’s employment, the employee has received notice in a written employment offer from the employer that an arbitration agreement is required as a condition of employment, and the employee has been provided with the required arbitration agreement that meets the requirements of, and includes the acknowledgment set forth in, subsection (6) of this section; or
 (b) The arbitration agreement is entered into upon a subsequent bona fide advancement of the employee by the employer.
 (6) The acknowledgment required by subsection (5) of this section must be signed by the employee and must include the following language in boldfaced type:
 ______________________________________________________________________________
 I acknowledge that I have received and read or have had the opportunity to read this arbitration agreement. I understand that this arbitration agreement requires that disputes that involve the matters subject to the agreement be submitted to mediation or arbitration pursuant to the arbitration agreement rather than to a judge and jury in court.
 ______________________________________________________________________________ [2003 c.598 §6; 2007 c.902 §1; 2011 c.489 §1]
 Note: Section 4, chapter 902, Oregon Laws 2007, provides:
 Sec. 4. The amendments to ORS 36.620 by section 1 of this 2007 Act apply to arbitration agreements entered into on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.902 §4]
 Note: Section 2, chapter 489, Oregon Laws 2011, provides:
 Sec. 2. The amendments to ORS 36.620 by section 1 of this 2011 Act apply to arbitration agreements entered into on or after the effective date of this 2011 Act [January 1, 2012]. [2011 c.489 §2]
 Note: See note under 36.600.
 Section 36.625 - Petition to compel or stay arbitration.
 (a) If the refusing party does not appear or does not oppose the petition, the court shall order the parties to arbitrate; and
 (b) If the refusing party opposes the petition, the court shall proceed summarily to decide the issue as provided in subsection (8) of this section and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.
 (2) On petition of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue as provided in subsection (8) of this section. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.
 (3) If the court finds that there is no enforceable agreement to arbitrate, it may not order the parties to arbitrate pursuant to subsection (1) or (2) of this section.
 (4) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
 (5) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a petition under this section must be made in that court. Otherwise, a petition under this section may be made in any court as provided in ORS 36.725.
 (6) If a party makes a petition to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
 (7) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
 (8) A judge shall decide all issues raised under a petition filed under ORS 36.600 to 36.740 unless there is a constitutional right to jury trial on the issue. If there is a constitutional right to jury trial on an issue, the issue shall be tried to a jury upon the request of any party to the proceeding. [2003 c.598 §7]
 Note: See note under 36.600.
 Section 36.630 - Provisional remedies.
 (2) After an arbitrator is appointed and is authorized and able to act:
 (a) The arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and
 (b) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.
 (3) A party does not waive a right of arbitration by making a petition under subsection (1) or (2) of this section. [2003 c.598 §8]
 Note: See note under 36.600.
 Section 36.635 - Initiation of arbitration.
 (2) Unless a person objects for lack or insufficiency of notice under ORS 36.665 (3) not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack or insufficiency of notice. [2003 c.598 §9]
 Note: See note under 36.600.
 Section 36.640 - Consolidation of separate arbitration proceedings.
 (a) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
 (b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
 (c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
 (d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
 (2) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
 (3) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation. [2003 c.598 §10]
 Note: See note under 36.600.
 Section 36.645 - Appointment of arbitrator; service as neutral arbitrator.
 (2) An individual who has a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral. [2003 c.598 §11]
 Note: See note under 36.600.
 Section 36.650 - Disclosure by arbitrator.
 (a) A financial or personal interest in the outcome of the arbitration proceeding; and
 (b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator in the proceeding.
 (2) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators in the proceeding any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
 (3) If an arbitrator discloses a fact required by subsection (1) or (2) of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under ORS 36.705 (1)(b) for vacating an award made by the arbitrator.
 (4) If the arbitrator did not disclose a fact as required by subsection (1) or (2) of this section, upon timely objection by a party, the court under ORS 36.705 (1)(b) may vacate an award.
 (5) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party, the party’s counsel or representatives, a witness or another arbitrator in the proceeding is presumed to act with evident partiality under ORS 36.705 (1)(b).
 (6) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a petition to vacate an award on that ground under ORS 36.705 (1)(b). [2003 c.598 §12]
 Note: See note under 36.600.
 Section 36.655 - Action by majority.
 Note: See note under 36.600.
 Section 36.660 - Immunity of arbitrator; competency to testify; attorney fees and costs.
 (2) The immunity afforded by this section supplements any immunity under other law.
 (3) The failure of an arbitrator to make a disclosure required by ORS 36.650 does not cause any loss of immunity under this section.
 (4) In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:
 (a) To the extent necessary to determine the claim of an arbitrator, arbitration organization or representative of the arbitration organization against a party to the arbitration proceeding; or
 (b) To a hearing on a petition to vacate an award under ORS 36.705 (1)(a) or (b) if the petitioner establishes prima facie that a ground for vacating the award exists.
 (5) If a person commences a civil action against an arbitrator, arbitration organization or representative of an arbitration organization arising from the services of the arbitrator, organization or representative, or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (4) of this section, and the court decides that the arbitrator, arbitration organization or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization or representative reasonable attorney fees. [2003 c.598 §14]
 Note: See note under 36.600.
 Section 36.665 - Arbitration process.
 (2) An arbitrator may decide a request for summary disposition of a claim or particular issue:
 (a) If all interested parties agree; or
 (b) Upon request of one party to the arbitration proceeding, if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.
 (3) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party’s appearance at the hearing waives any objection based on lack or insufficiency of notice. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator’s own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
 (4) At a hearing under subsection (3) of this section, a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
 (5) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with ORS 36.645 to continue the proceeding and to resolve the controversy. [2003 c.598 §15]
 Note: See note under 36.600.
 Section 36.670 - Representation by a lawyer; representation of legal or commercial entities.
 Note: See note under 36.600.
 Section 36.675 - Witnesses; subpoenas; depositions; discovery.
 (2) In order to make the proceedings fair, expeditious and cost-effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.
 (3) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious and cost-effective.
 (4) If an arbitrator permits discovery under subsection (3) of this section, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator’s discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.
 (5) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state.
 (6) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.
 (7) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state, and for the production of records and other evidence issued by an arbitrator or by an attorney for any party to the proceeding in connection with an arbitration proceeding in another state, upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious and cost-effective. A subpoena or discovery-related order issued by an arbitrator or by an attorney for any party to the proceeding in another state must be served in the manner provided by ORCP 55 D for service of subpoenas in a civil action in this state and, upon petition to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by ORCP 55 G for enforcement of subpoenas in a civil action in this state. [2003 c.598 §17]
 Note: See note under 36.600.
 Section 36.680 - Judicial enforcement of preaward ruling by arbitrator.
 Note: See note under 36.600.
 Section 36.685 - Award.
 (2) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may extend the time within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award. [2003 c.598 §19; 2003 c.576 §169a]
 Note: See note under 36.600.
 Section 36.690 - Change of award by arbitrator.
 (a) Upon a ground stated in ORS 36.710 (1)(a) or (c);
 (b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
 (c) To clarify the award.
 (2) A request under subsection (1) of this section must be made and notice given to all parties within 20 days after the requesting party receives notice of the award.
 (3) A party to the arbitration proceeding must give notice of any objection to the request within 10 days after receipt of the notice under subsection (2) of this section.
 (4) If a petition to the court is pending under ORS 36.700, 36.705 or 36.710, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
 (a) Upon a ground stated in ORS 36.710 (1)(a) or (c);
 (b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
 (c) To clarify the award.
 (5) An award modified or corrected pursuant to this section is subject to ORS 36.685 (1), 36.700, 36.705 and 36.710. [2003 c.598 §20]
 Note: See note under 36.600.
 Section 36.695 - Remedies; fees and expenses of arbitration proceeding.
 (2) An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration as may be specified in the arbitration agreement if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
 (3) As to all remedies other than those authorized by subsections (1) and (2) of this section, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under ORS 36.700 or for vacating an award under ORS 36.705.
 (4) An arbitrator’s expenses and fees, together with other expenses, must be paid as provided in the award.
 (5) If an arbitrator awards punitive damages or other exemplary relief under subsection (1) of this section, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief. [2003 c.598 §21]
 Note: See note under 36.600.
 Section 36.700 - Confirmation of award.
 (a) A party requests that the arbitrator modify or correct the award under ORS 36.690; or
 (b) A party petitions the court to vacate, modify or correct the award under ORS 36.705 or 36.710.
 (2) If a party requests that the arbitrator modify or correct the award under ORS 36.690, or petitions the court to vacate, modify or correct the award under ORS 36.705 or 36.710, the court may stay entry of an order on a petition filed under this section until a final decision is made on the request or petition. [2003 c.598 §22]
 Note: See note under 36.600.
 Section 36.705 - Vacating award.
 (a) The award was procured by corruption, fraud or other undue means;
 (b) There was:
 (A) Evident partiality by an arbitrator appointed as a neutral arbitrator;
 (B) Corruption by an arbitrator; or
 (C) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
 (c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to ORS 36.665 so as to prejudice substantially the rights of a party to the arbitration proceeding;
 (d) An arbitrator exceeded the arbitrator’s powers;
 (e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising an objection under ORS 36.665 (3) not later than the beginning of the arbitration hearing; or
 (f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in ORS 36.635 so as to prejudice substantially the rights of a party to the arbitration proceeding.
 (2) A petition under this section must be filed within 20 days after the petitioner is served with a petition for confirmation of an award under ORS 36.700, unless the petitioner alleges that the award was procured by corruption, fraud or other undue means. If the petitioner alleges that the award was procured by corruption, fraud or other undue means, a petition under this section must be filed within 90 days after the grounds for challenging the award are known or, by the exercise of reasonable care, would have been known by the petitioner. A party filing a petition under this section must serve a copy of the petition on all other parties to the proceedings.
 (3) If the court vacates an award on a ground other than that set forth in subsection (1)(e) of this section, it may order a rehearing. If the award is vacated on a ground stated in subsection (1)(a) or (b) of this section, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d) or (f) of this section, the rehearing may be before the arbitrator who made the award or before any successor appointed for that arbitrator. The arbitrator must render the decision in the rehearing within the same time as that provided for an award in ORS 36.685 (2).
 (4) If the court denies a petition to vacate an award, it shall confirm the award unless a petition to modify or correct the award is pending. [2003 c.598 §23]
 Note: See note under 36.600.
 Section 36.710 - Modification or correction of award.
 (a) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award;
 (b) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
 (c) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
 (2) If a petition made under subsection (1) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a petition to vacate is pending, the court shall confirm the award.
 (3) A petition to modify or correct an award pursuant to this section may be joined with a petition to vacate the award.
 (4) A party filing a petition under this section must serve a copy of the petition on all other parties to the proceedings. [2003 c.598 §24]
 Note: See note under 36.600.
 Section 36.715 - Judgment on award; attorney fees and litigation expenses.
 (2) A court may allow reasonable costs of the petition and subsequent judicial proceedings.
 (3) On application of a prevailing party to a contested judicial proceeding under ORS 36.700, 36.705 or 36.710, the court may add reasonable attorney fees incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying or correcting an award. [2003 c.598 §25]
 Note: See note under 36.600.
 Section 36.720 - Jurisdiction.
 (2) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under ORS 36.600 to 36.740. [2003 c.598 §26]
 Note: See note under 36.600.
 Section 36.725 - Venue.
 Note: See note under 36.600.
 Section 36.730 - Appeals.
 (a) An order denying a petition to compel arbitration.
 (b) An order granting a petition to stay arbitration.
 (c) A judgment entered pursuant to ORS 36.600 to 36.740, including but not limited to a judgment:
 (A) Confirming or denying confirmation of an award.
 (B) Modifying or correcting an award.
 (C) Vacating an award without directing a rehearing.
 (2) An appeal under this section must be taken as provided in ORS chapter 19. [2003 c.598 §28]
 Note: See note under 36.600.
 Section 36.735 - Uniformity of application and construction.
 Note: See note under 36.600.
 Section 36.740 - Relationship to electronic signatures in Global and National Commerce Act.
 Note: See note under 36.600.
 Chapter 037 - Receivership
 Section 37.010 - Short title.
 Section 37.020 - Receivership described.
 Section 37.030 - Definitions.
 (1) "Affiliate" means:
 (a) With respect to an individual:
 (A) A companion of the individual;
 (B) A lineal ancestor or descendant, whether by blood or adoption, of the individual or a companion of the individual;
 (C) A companion of an ancestor or descendant described in subparagraph (B) of this paragraph;
 (D) A sibling, aunt, uncle, great-aunt, great-uncle, first cousin, niece, nephew, grandniece or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them; or
 (E) Any other individual occupying the residence of the individual; and
 (b) With respect to any person:
 (A) Another person that directly or indirectly controls, is controlled by or is under common control with the person;
 (B) An officer, director, manager, member, partner, employee or trustee or other fiduciary of the person; or
 (C) A companion of, or an individual occupying the residence of, an individual described in subparagraph (A) or (B) of this paragraph.
 (2) "Companion" means spouse or domestic partner.
 (3) "Domestic relations suit" has the meaning given that term in ORS 107.510.
 (4) "Entity" means a person other than a natural person.
 (5) "Estate" means the entirety of the property over which a receiver is appointed.
 (6) "Executory contract" means:
 (a) A contract, including an unexpired lease, under which the obligations of both parties are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other; or
 (b) A contract, including an unexpired lease, under which a party has an unexercised option to require its counterparty to perform.
 (7) "Foreign action" means an action in a federal or state court outside of this state.
 (8) "Insolvency" means a financial condition of a person such that:
 (a) The sum of the person’s debts and other obligations is greater than a fair valuation of all of the person’s property, excluding:
 (A) Property transferred, concealed or removed with intent to hinder, delay or defraud any creditors of the person; and
 (B) Any property exempt from execution under any law of this state; or
 (b) The person is generally not paying debts as they become due.
 (9) "Interested person" means any person having a claim against the owner or a claim or interest in any estate property.
 (10) "Lien" means a charge against or interest in property to secure payment of a debt or the performance of an obligation.
 (11) "Owner" means the person over whose property a receiver is appointed.
 (12) "Party" means:
 (a) When used in relation to an action, a person named in the caption of the action; or
 (b) When used in relation to a contract, a signatory to the contract.
 (13) "Person" means an individual, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, cooperative, business trust, governmental entity or other entity, of any kind or nature.
 (14) "Property" includes all right, title and interests, both legal and equitable, in or with respect to any property with respect to which a receiver is appointed, including any proceeds, products, offspring, rents or profits, regardless of the manner by which the property has been or is acquired.
 (15) "Receiver" means a person appointed by the court as the court’s agent, and subject to the court’s direction, to take possession of, manage or dispose of property.
 (16) "Receivership" means an action in which a receiver is appointed.
 (17) "Residential property" means real property:
 (a) Upon which are situated four or fewer residential units, one of which is occupied as a principal residence by the owner, the owner’s spouse or a dependent of the owner; and
 (b) Where residential use is the primary activity occurring on the real property.
 (18) "Security interest" means a lien created by agreement.
 (19) "Special notice list" means a special notice list maintained by a receiver as required under ORS 37.160.
 (20) "State agency" has the meaning given that term in ORS 36.110.
 (21) "Utility" means a person providing any service regulated by the Public Utility Commission. [2017 c.358 §3]
 Section 37.040 - Applicability.
 (a) Actions in which a state agency or officer is expressly authorized by statute to seek or obtain the appointment of a receiver; and
 (b) Actions authorized by or commenced under federal law.
 (2) In cases in which a state agency or officer is expressly authorized by statute to seek or obtain the appointment of a receiver, the state agency or officer may elect, when seeking appointment, for the receivership to be governed by the provisions of the Oregon Receivership Code.
 (3) Except as otherwise provided by law, the provisions of the Oregon Receivership Code control over conflicting provisions of state law, including ORCP 80, with respect to receiverships governed by the Oregon Receivership Code. [2017 c.358 §4]
 Note: Section 42, chapter 358, Oregon Laws 2017, provides:
 Sec. 42. Sections 2 to 41 of this 2017 Act [37.020 to 37.410] apply to receiverships in which the receiver is appointed on or after the effective date of this 2017 Act [January 1, 2018]. [2017 c.358 §42]
 Section 37.050 - Property not subject to receivership; exception.
 (a) Personal property of an individual that is used primarily for personal, family or household purposes.
 (b) Property of an individual exempt from execution under the laws of this state.
 (c) Any power or interest that a person may exercise solely for the benefit of another person.
 (d) Property held in trust for another person.
 (2) Notwithstanding subsection (1) of this section, a court may appoint a receiver with respect to property described in subsection (1)(a) of this section in a domestic relations suit.
 (3) A court may appoint a receiver with respect to any nonexempt interest in property that is partially exempt from execution, including fee title to real property subject to a homestead exemption. [2017 c.358 §5]
 Section 37.060 - Appointment of receiver.
 (a) Before judgment, if the property that is the subject of the action, or rents or profits deriving from the property, are in danger of being lost or materially injured or impaired.
 (b) After judgment, if reasonably necessary to carry the judgment into effect.
 (c) After judgment, to dispose of property according to the judgment, to preserve the property during the pendency of an appeal or when an execution has been returned unsatisfied and the debtor refuses to apply the property in satisfaction of the judgment.
 (d) In an action under ORS 95.200 to 95.310.
 (e) When property is attached by a creditor, if:
 (A) The property is of a perishable nature or is otherwise in danger of waste, impairment or destruction; or
 (B) The debtor has abandoned the property and receivership is reasonably necessary to conserve, protect or dispose of the property.
 (f) After judgment, either before or after the issuance of an execution, to preserve, protect or prevent the transfer of property subject to execution and sale thereunder.
 (g) When an entity has been dissolved or is insolvent or in imminent danger of insolvency, if receivership is reasonably necessary to protect the property of the entity or to conserve or protect the interests of the entity’s stockholders, members, partners or creditors.
 (h) In any situation in which the appointment of a receiver is expressly required or permitted by statute.
 (i) In any situation in which, in the discretion of the court, appointment of a receiver is reasonably necessary to secure justice to the parties.
 (2) In determining whether to appoint a receiver, a court may consider the existence of a contract provision providing for the appointment of a receiver, but the court is not bound by such a provision.
 (3) If a court in a foreign action has appointed a person as receiver with respect to property in this state, whether with respect to the property specifically or the owner’s property generally, a court in this state shall:
 (a) Upon motion by the receiver or by any party to the foreign action, appoint the person as receiver of the property in this state, if the person is eligible under ORS 37.070 and fulfills such other requirements as are required by statute or imposed by the court.
 (b) Following the appointment, give effect to orders, judgments and decrees of the foreign court affecting the property in this state held by the receiver, unless the court determines that to do so would be manifestly unjust or inequitable.
 (4) The venue of an action described in subsection (3) of this section may be any county in which the receiver appointed in the foreign action resides or maintains an office, or any county in which any property over which the receiver is to be appointed is located at the time the action is commenced.
 (5)(a) An order appointing a receiver must reasonably describe the property over which the receiver is to take charge, by category, individual items or any combination thereof, if the receiver is appointed over less than all of a person’s property.
 (b) An order appointing a receiver may appoint the receiver over all of a person’s property, wherever located.
 (c) An order that appoints a receiver over a person and does not describe the property over which the receiver is to take charge is construed to appoint the receiver over all of the person’s property, except for property not subject to receivership under ORS 37.050.
 (6) A court may condition the appointment of a receiver upon the giving of security by the person seeking the receiver’s appointment, in such amount as the court may specify, for the payment of costs incurred or damages suffered by any person if a receivership is determined to be wrongfully obtained. [2017 c.358 §6]
 Section 37.070 - Eligibility to serve as receiver.
 (a) An entity that is not authorized to conduct business in this state;
 (b) A person who has been convicted of a crime involving moral turpitude, or is controlled by a person who has been convicted of a crime involving moral turpitude; and
 (c) The sheriff of any county, except as expressly permitted by statute.
 (2) If a court appoints an entity as a receiver, the court may require a specific individual to appear in the receivership on behalf of the entity. [2017 c.358 §7]
 Section 37.080 - Required disclosures relating to conflicts of interest.
 (1) Discloses whether the person:
 (a) Is an affiliate of a party to the receivership;
 (b) Has an interest materially adverse to an interest of a party to the receivership;
 (c) Has a material financial interest in the outcome of the action, other than compensation approved by the court;
 (d) Has a debtor-creditor relationship with the owner; or
 (e) Holds an equity interest in a party to the receivership, other than a noncontrolling interest in a publicly traded company; and
 (2) Affirms under oath that the person’s disclosure under subsection (1) of this section is true and complete. [2017 c.358 §8]
 Section 37.090 - Receiver’s bond, alternative security or insurance.
 (a) Is conditioned on the faithful discharge of the receiver’s duties;
 (b) Is in an amount that is determined by the court to be adequate to secure payment of any costs, damages and attorney fees that may be sustained or suffered by any person due to a wrongful act of the receiver; and
 (c) Has one or more sureties that meet the qualifications set forth in ORCP 82 D or that are approved by the court.
 (2) Except as otherwise provided by law, the court may require the posting of alternative security in lieu of a bond, such as a letter of credit or a deposit of funds with the clerk of the court, to be held to secure the receiver’s faithful performance of the receiver’s duties until the court authorizes the release or return of the alternative security. The court shall remit any interest that may accrue on a deposit under this subsection to the receiver upon the receiver’s discharge.
 (3) Except as otherwise provided by law, the court may require the receiver or person nominated as receiver to carry an insurance policy with coverage and limits determined by the court in lieu of a bond.
 (4) A receiver may charge the cost of a bond, alternative security or insurance policy required by the court under this section against the estate.
 (5) The court may authorize a receiver to act before the receiver posts a required bond or alternative security or acquires a required insurance policy. [2017 c.358 §9]
 Section 37.100 - Exclusive jurisdiction of appointing court.
 (a) Exclusive authority over the receiver;
 (b) Exclusive jurisdiction over and right to control all real property and all tangible and intangible personal property constituting the estate, wherever located, to the full extent of the court’s jurisdiction; and
 (c) Exclusive jurisdiction to determine all controversies relating to the collection, preservation, application and distribution of the estate and all claims against the receiver arising out of the exercise of the receiver’s powers or the performance of the receiver’s duties.
 (2) Notwithstanding subsection (1) of this section, if any part of the estate is subject to the jurisdiction of another court under ORS 107.105, the court appointing the receiver may not exercise authority over such part of the estate unless expressly permitted by order of the other court. [2017 c.358 §10]
 Section 37.110 - Powers of receiver.
 (a) Collect, control, manage, conserve and protect estate property;
 (b) Operate a business constituting estate property, including preservation, use, sale, lease, license, exchange, collection or disposition of property in the ordinary course of business;
 (c) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver’s preservation, use, sale, lease, license, exchange, collection or disposition of estate property;
 (d) Assert a right, claim, cause of action or defense of the owner that relates to estate property;
 (e) Assert in the name of the receiver any claim under ORS 95.200 to 95.310 assertible by any creditor of the owner;
 (f) Seek and obtain instruction from the court concerning estate property, exercise of the receiver’s powers and performance of the receiver’s duties;
 (g) On subpoena, compel a person to submit to examination under oath in the manner of a deposition in a civil case, or to produce and permit inspection and copying of designated records or tangible things, with respect to estate property or any other matter that may affect administration of the receivership;
 (h) Engage and pay compensation to one or more professionals under ORS 37.310;
 (i) Apply to a court of another state for appointment as ancillary receiver with respect to estate property in that state under ORS 37.390;
 (j) Incur debt for the use or benefit of estate property other than in the ordinary course of business under ORS 37.260;
 (k) Make improvements to estate property;
 (L) Use or transfer estate property other than in the ordinary course of business under ORS 37.250;
 (m) Assume an executory contract of the owner under ORS 37.240;
 (n) Pay compensation to the receiver;
 (o) Determine whether or not to establish a claims procedure under ORS 37.340;
 (p) Allow or disallow a claim of a creditor under ORS 37.360;
 (q) Make a distribution of estate property under ORS 37.370;
 (r) Take any other action authorized under the Oregon Receivership Code; and
 (s) Take any other actions that the court deems reasonably necessary to avoid injustice.
 (2) The court may limit, expand or modify the powers conferred by the court on the receiver at any time.
 (3) A receiver has powers conferred by the court under this section in addition to the powers conferred on the receiver by statute. [2017 c.358 §11]
 Section 37.120 - Duties of receiver.
 (2) A receiver shall comply with applicable law.
 (3) If appointed with respect to any real property, a receiver shall file with the recorder of the county in which the real property is located a certified copy of the order of appointment, together with a legal description of the real property if one is not included in the order.
 (4) The court appointing a receiver may impose additional duties on the receiver at any time. The court may limit, expand or modify duties imposed by the court on a receiver at any time. [2017 c.358 §12]
 Section 37.130 - Turnover of property.
 (2) If a bona fide dispute exists over whether property is estate property, the court in which the receivership is pending shall resolve the dispute.
 (3) A receiver may not demand a turnover of residential property without specific judicial approval, which the court may grant only in case of waste, destruction, obstruction of marketing of the property, enforcement of an order in a domestic relations suit or other good cause shown.
 (4) If a creditor has possession or control of estate property and the validity, perfection or priority of the creditor’s lien depends on the creditor’s possession or control, the creditor may retain possession or control of the property until the court orders adequate protection of the creditor’s lien. [2017 c.358 §13]
 Section 37.140 - Collection by receiver of debts owed to owner.
 (2) A person who has notice of the appointment of a receiver and owes a debt that is estate property may not satisfy the debt by payment to the owner. [2017 c.358 §14]
 Section 37.150 - Duties of owner.
 (a) Assist and cooperate fully with the receiver in the administration of the estate and the discharge of the receiver’s duties, and comply with all orders of the court;
 (b) Supply to the receiver information necessary to enable the receiver to complete any schedules that the receiver is required to file under ORS 37.190, and otherwise assist the receiver in the completion of the schedules;
 (c) Upon the receiver’s appointment, deliver to the receiver all of the estate property in the person’s possession, custody or control, including accounts, books, papers, records and other documents; and
 (d) After the receiver’s appointment, submit to examination under oath by the receiver, or by any other person upon order of the court, concerning the acts, conduct, property, liabilities and financial condition of the owner or any matter relating to the receiver’s administration of the estate.
 (2) When the owner is an entity, each officer, director, manager, member, partner or other individual exercising or having the power to exercise control over the affairs of the entity are subject to the requirements of this section. [2017 c.358 §15]
 Section 37.160 - Mailing and special notice lists to be maintained by receiver.
 (2)(a) A receiver shall maintain a special notice list of the names and addresses of all parties to the receivership and any other person who requests to be placed on the list. The receiver shall make a copy of the current special notice list available to any person on the list upon the person’s request.
 (b) Any person on the special notice list may notify the receiver of the person’s preferred means of receiving notices and other communications. If the receiver is so notified, the receiver shall add the information to the special notice list. [2017 c.358 §16]
 Section 37.170 - Notices.
 (A) Serve notice on all persons specified by the provision;
 (B) Serve notice on all persons on the special notice list;
 (C) File notice with the court; and
 (D) File proof of service with the court.
 (b) If the provision does not specify to whom notice must be given, the person must give notice to all known persons whose property interests will or may be directly affected by the proposed action, as well as comply with paragraph (a)(B) to (D) of this subsection.
 (2) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must give at least as much time notice as specified by the relevant provision, or 14 days if no time is specified.
 (3)(a) Except as otherwise provided, notice to any person not on the special notice list must be served by first class mail or as otherwise directed by the court.
 (b) Notice to any person on the special notice list who has specified a preferred means of receiving notice must be served by those means, except as otherwise ordered by the court.
 (4)(a) Except as provided in ORS 37.180, whenever a provision of the Oregon Receivership Code authorizes a person to take an action after giving notice, the person may take the action without specific authorization from the court if:
 (A) The person gives notice that describes the action that the person will take unless an objection is filed and describes a procedure for objecting to the proposed action; and
 (B) No objections are filed.
 (b) If an objection is filed, the court shall hear the objection and issue an order allowing, disallowing or allowing a modified form of the action.
 (c) The court may, on its own motion, require a hearing on any proposed action.
 (d) If a person is allowed under this subsection to take an action without specific authorization from the court, the person may nonetheless move the court for an order authorizing the action.
 (5) The court may extend or shorten any notice periods for good cause shown.
 (6) The court may order that notice of any proposed action be given to any person, regardless of whether such notice is otherwise required under the Oregon Receivership Code.
 (7) In all circumstances, the court may consider motions and grant or deny relief without notice or hearing, if it appears to the court that no party to the receivership or interested person would be prejudiced or harmed by the relief requested. [2017 c.358 §17]
 Section 37.180 - When court order required.
 (a) Sale or other disposition of real property;
 (b) Use or transfer of property outside the ordinary course of business;
 (c) Sale of a co-owner’s interest in jointly owned property;
 (d) Assumption of an executory contract;
 (e) Obtaining credit or incurring debt outside the ordinary course of business;
 (f) Compromise or settlement of a controversy that might affect the distribution to creditors from the estate;
 (g) Disallowance of all or part of a claim against the estate; and
 (h) Termination of the receivership.
 (2) For any action described in subsection (1)(a) to (f) of this section, a court may establish conditions under which a receiver may take the action without first obtaining an order specifically authorizing the action, if the court finds that the burden of seeking a court order is likely to outweigh the materiality of the actions under those conditions. The court may establish such conditions in the order appointing the receiver or in any other order. [2017 c.358 §18]
 Section 37.190 - Creditor list and inventory.
 (2) If the court concludes that the estate is unlikely to be sufficient to make material distributions to unsecured creditors, the court may order that the receiver need not file a schedule as described in subsection (1) of this section. The court may order the receiver to file a schedule of any appropriate subset of creditors.
 (3) Within 60 days after appointment, or within such other time as the court may specify, a receiver shall file with the court a true inventory of all estate property of which the receiver has taken possession, custody or control, except that the inventory need not include legal claims that are estate property. [2017 c.358 §19]
 Section 37.200 - Receiver’s periodic reports.
 (2) Each periodic report must include:
 (a) A concise narrative summary of the receiver’s activities during the period and a description of any major upcoming events;
 (b) Beginning and ending cash balances;
 (c) A statement of cash receipts and disbursements;
 (d) A statement of noncash receipts and payments;
 (e) A statement of receipts and dispositions of estate property outside the ordinary course of business, including a description of the property, the value of the property and the amounts received from any disposition of the property;
 (f) A statement of accounts receivable;
 (g) A statement of fees and expenses of the receiver;
 (h) A tax disclosure statement listing taxes due or tax deposits required, the name of the taxing agency, the date due and an explanation for any failure to make payments or deposits; and
 (i) Any other information required by the court. [2017 c.358 §20]
 Section 37.210 - Claims bar date.
 Section 37.220 - Automatic stay of certain proceedings.
 (a) The commencement or continuation, including the issuance or employment of process, of a judicial, administrative or other action or proceeding against the owner that was or could have been commenced before the entry of the order of appointment, or to recover a claim against the owner that arose before the entry of the order of appointment;
 (b) The enforcement, against the owner or any estate property, of a judgment entered before the entry of the order of appointment;
 (c) Any act to obtain possession of estate property from the receiver, or to interfere with, or exercise control over, estate property;
 (d) Any act to create, perfect or enforce any lien or claim against estate property, to the extent that the lien secures a claim against the owner that arose before the entry of the order of appointment;
 (e) Any act to collect, assess or recover a claim against the owner that arose before the entry of the order of appointment; or
 (f) The exercise of a right of setoff against the owner.
 (2) The stay automatically expires as to the acts specified in subsection (1)(a), (b) and (e) of this section six months after the entry of the order of appointment, unless the stay is extended by court order.
 (3) A person whose action or proceeding is stayed may move the court for relief from the stay, and the court shall grant such relief for good cause shown. A motion for relief from stay under this subsection is deemed granted if the court does not act on the motion within 60 days after the motion is filed. A person may move the court ex parte for an expedited hearing on a motion for relief from stay.
 (4) Any judgment obtained against the owner or estate property after entry of the order of appointment is not a lien against estate property unless the receivership is terminated before a conveyance of the property against which the judgment would otherwise constitute a lien.
 (5) The entry of an order appointing a receiver does not operate as a stay of:
 (a) The continuation of a judicial or nonjudicial foreclosure action that was initiated by the party seeking the receiver’s appointment, unless otherwise ordered by the court;
 (b) The commencement or continuation of a criminal action against the owner;
 (c) The commencement or continuation of an action or proceeding to establish paternity, to establish or modify an order for spousal or child support or to collect spousal or child support under any order of a court;
 (d) Any act to perfect, or to maintain or continue the perfection of, an interest in estate property if the interest perfected would be effective against a creditor of the owner holding at the time of the entry of the order of appointment either a perfected nonpurchase money security interest under ORS chapter 79 against the property, or a lien by attachment, levy or the like, including liens under ORS chapter 87, whether or not such a creditor exists, except that if perfection of an interest would require seizure of the property involved or the commencement of an action, the perfection may and must instead be accomplished by filing and serving on the receiver notice of the interest within the time fixed by law for seizure or commencement;
 (e) The commencement or continuation of an action or proceeding by a governmental unit to enforce its police or regulatory power;
 (f) The enforcement of a judgment, other than a money judgment, obtained in an action or proceeding by a governmental unit to enforce its police or regulatory power, or with respect to any licensure of the owner; or
 (g) The establishment by a governmental unit of any tax liability and any appeal thereof.
 (6) The court may void an act that violates the stay imposed by this section.
 (7) If a person knowingly violates the stay imposed by this section, the court may:
 (a) Award actual damages caused by the violation, reasonable attorney fees and costs; and
 (b) Sanction the violation as civil contempt.
 (8) The stay described in this section expires upon the termination of the receivership. [2017 c.358 §22]
 Section 37.230 - Utility service.
 (2) Nothing in this section precludes the court from prohibiting the alteration or cessation of utility service if the receiver can furnish adequate assurance of payment, in the form of deposit or other security, for service to be provided after entry of the order appointing the receiver. [2017 c.358 §23]
 Section 37.240 - Executory contracts.
 (2) If a receiver assumes an executory contract, the receiver must assume the contract in its entirety.
 (3) Any obligation or liability incurred by a receiver due to the receiver’s assumption of an executory contract is an expense of the receivership. A receiver’s rejection of an executory contract is treated as a breach of the contract occurring immediately before the receiver’s appointment, and the receiver’s right to possess or use property pursuant to an executory contract terminates upon rejection of the contract. The other party to an executory contract that is rejected by a receiver may take any necessary steps to terminate or cancel the contract. Any claims resulting from a receiver’s rejection of an executory contract must be submitted to the receiver in the manner provided for by ORS 37.350 within 30 days after the rejection.
 (4) A receiver’s power under this section to assume an executory contract is not affected by any provision in the contract that would effect or permit a forfeiture, modification or termination of the contract on account of the receiver’s appointment, the financial condition of the owner or an assignment for the benefit of creditors by the owner.
 (5) A receiver may not assume an executory contract of the owner without the consent of the other party to the contract if:
 (a) Applicable law would excuse the other party from accepting performance from or rendering performance to anyone other than the owner even in the absence of any provisions in the contract expressly restricting or prohibiting an assignment of rights or duties;
 (b) The contract is a contract to make a loan or extend credit or financial accommodations to or for the benefit of the owner, or to issue a security of the owner; or
 (c) The contract expires by its own terms, or under applicable law, prior to the receiver’s assumption thereof.
 (6) A receiver may not assign an executory contract lease without assuming it, unless the receiver obtains consent from all other parties to the contract.
 (7) If the receiver rejects an executory contract for the sale of real property under which the owner is the seller and the purchaser is in possession of the real property, the sale of a real property timeshare interest under which the owner is the seller, the license of intellectual property rights under which the owner is the licensor or the lease of real property under which the owner is the lessor, then:
 (a) The purchaser, licensee or lessee may:
 (A) Treat the rejection as a termination of the contract, license agreement or lease; or
 (B) Remain in possession and continue to perform all obligations arising under the contract, but offset against any payments any damages occurring on account of the rejection after it occurs.
 (b) A purchaser of real property is entitled to receive from the receiver any deed or any other instrument of conveyance that the owner is obligated to deliver under the contract when the purchaser becomes entitled to receive it, and the deed or instrument has the same force and effect as if given by the owner.
 (c) A purchaser, licensee or lessee who elects to remain in possession under the terms of this subsection has no claim or rights against the receiver on account of any damages arising from the receiver’s rejection except as expressly permitted by this subsection.
 (d) A purchaser of real property who elects to treat rejection of an executory contract as a termination has a lien against the real property for the portion of the purchase price that the purchaser has paid.
 (8)(a) If a receiver does not seek authorization from the court to assume an executory contract within 180 days after the receiver’s appointment, the receiver is deemed to have rejected the contract.
 (b) The court may shorten or extend the time period described in paragraph (a) of this subsection for good cause shown.
 (9) Nothing in this section affects the enforceability of prohibitions against assignment that exist under contract or applicable law. [2017 c.358 §24]
 Section 37.250 - Use or transfer of estate property outside ordinary course of business; transfer of co-owned property; limitation on disposition of residential property.
 (2) Upon court order, a receiver may transfer estate property other than in the ordinary course of business by sale, lease, license, exchange or other disposition. Unless the transfer agreement provides otherwise, a transfer under this section is free and clear of a lien of the person that obtained appointment of the receiver, any subordinate liens and any right of redemption, but is subject to any senior liens. A transfer under this section may occur by means other than a public auction sale. On motion by any party or interested person, the court may prescribe standards or procedures calculated to maximize the proceeds of the transfer.
 (3) If a lien on estate property is extinguished by a transfer under this section, the lien attaches to the proceeds of the transfer with the same validity, perfection and priority that the extinguished lien had on the transferred property immediately before the transfer, regardless of whether the proceeds are sufficient to satisfy all obligations secured by the lien.
 (4) A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price all or part of the allowed amount secured by the lien, if the creditor tenders sufficient funds to satisfy the reasonable expenses of transfer and any obligation secured by any senior lien extinguished by the transfer.
 (5) A reversal or modification of an order authorizing a transfer under this section does not affect the validity of the transfer to a person that acquired the property in good faith or revive against any person any lien extinguished by the transfer, regardless of whether the transferee knew of the request for reversal or modification before the transfer, unless the court stayed the order before the transfer.
 (6) If estate property includes an interest as a co-owner of property, the receiver has all rights and powers of a co-owner afforded by applicable law, including any rights of partition.
 (7) If at the time of appointment of a receiver an owner holds an undivided interest in property as a tenant in common, joint tenant or tenant by the entirety, the receiver may sell both the interest that is estate property and the interest of any co-owner upon court order if the court determines that:
 (a) Partition in kind of the property is impracticable;
 (b) Sale of the estate’s undivided interest in the property would realize significantly less for the estate than sale of the property free and clear of the interests of the co-owner; and
 (c) The benefit to the estate of the sale outweighs the detriment, if any, to the co-owner.
 (8) A receiver may not sell, transfer or otherwise dispose of residential property, or an undivided interest therein, without specific judicial approval, which a court may grant only in case of waste, destruction, obstruction of marketing of the property, enforcement of an order in a domestic relations suit or other good cause shown.
 (9) As used in this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. [2017 c.358 §25]
 Section 37.260 - Receivership financing.
 (2) Upon court order, a receiver may obtain credit or incur debt other than in the ordinary course of business. The court may allow the receiver to mortgage, pledge, hypothecate or otherwise encumber estate property as security for repayment of any debt incurred under this subsection. A creditor’s security interest may be in the form of a receiver’s certificate. [2017 c.358 §26]
 Section 37.270 - Recovery of costs related to secured property.
 Section 37.280 - Abandonment of property.
 (2) A receiver may not abandon property in contravention of a state statute or rule that is reasonably designed to protect the public health or safety from identified hazards, including ORS chapters 465 and 466. [2017 c.358 §28]
 Section 37.290 - Actions by or against receiver or affecting estate property.
 (2) A person may not initiate or continue an action seeking to dispossess the receiver of any estate property or to otherwise interfere with the receiver’s management or control of any estate property unless permitted by the court that appointed the receiver.
 (3) Actions by or against a receiver are adjunct to the receivership. All pleadings in adjunct actions must include the case number of the receivership. All adjunct actions shall be referred to the judge assigned to the receivership action, unless:
 (a) The court does not have jurisdiction over the adjunct action; or
 (b) The assignment would not promote judicial efficiency.
 (4) If an action is filed against a receiver in a court in this state other than the court in which the receivership is pending, the court in which the action is filed shall transfer the action to the court in which the receivership is pending upon the receiver’s motion if the receiver files the motion within 30 days after service of original process upon the receiver. However, if a state agency is a party to the action, the action may not be transferred under this subsection unless the agency consents to the transfer.
 (5) The receiver may be joined or substituted as a party in any action that was pending at the time of the receiver’s appointment and in which the owner is a party, upon motion by the receiver to the court or agency in which the action is pending.
 (6) In case of the death, removal or resignation of the receiver, an action by or against a receiver continues by or against the successor receiver or, if a successor receiver is not appointed, by or against the owner.
 (7) Whenever the assets of any domestic or foreign entity that has been doing business in this state have been placed in the hands of a receiver, service of all process upon the entity may be made upon the receiver.
 (8) A judgment against a receiver is not a lien on the property or funds of the receivership, and no execution may issue thereon. Upon entry of the judgment in the court in which the receivership is pending, or upon filing in the receivership of a certified copy of a judgment from another jurisdiction, the judgment is treated as an allowed claim in the receivership.
 (9) No person other than a successor receiver duly appointed by the court has a right of action against a former receiver to recover property or the value thereof for or on behalf of the estate. [2017 c.358 §29]
 Section 37.300 - Personal liability of receiver.
 (a) Failure of the receiver to comply with an order of the court; or
 (b) An act or omission for which liability could not be limited under ORS 60.047 if the receiver were an Oregon corporation.
 (2) A receiver may be personally liable to a person other than the owner, or the record or beneficial owner of estate property, for any loss, diminution or damage caused by the receiver’s performance of the receiver’s duties, or the receiver’s authorized operation of a business, only if the loss, diminution or damage is caused by:
 (a) Fraud by the receiver;
 (b) An act intended by the receiver to cause loss, diminution or damage to the specific claimant; or
 (c) An act or omission for which an officer or director of an Oregon corporation would be liable to the claimant under the same circumstances.
 (3) Notwithstanding subsections (1) and (2) of this section, a receiver has no personal liability to any person for acts or omissions of the receiver permitted by any order of the court.
 (4) A receiver is entitled to all defenses and immunities provided by law for an act or omission within the scope of the receiver’s appointment.
 (5) Nothing in this section may be construed to expand any obligation or liability of a receiver under state law, common law or federal law for remediation of environmental damages or hazards. [2017 c.358 §30]
 Section 37.310 - Employment and compensation of professionals.
 (2) The notice given by the receiver before employing a professional must disclose:
 (a) The identity and qualifications of the professional;
 (b) The scope and nature of the proposed engagement;
 (c) Any potential conflict of interest; and
 (d) The proposed compensation.
 (3) If an objection is filed after the receiver provides notice of the professional’s employment, the professional may continue to perform the professional’s duties while the objection is pending.
 (4)(a) A receiver may not employ a professional who holds or represents an interest adverse to the estate, except by order of the court.
 (b) A professional is not disqualified for employment under this subsection solely because of the professional’s employment by, representation of or other relationship with a creditor or other interested person, if the relationship is disclosed in the notice of the professional’s employment.
 (5) Nothing in this section precludes the receiver from acting as attorney or accountant if doing so is in the best interests of the estate.
 (6) After giving notice, the receiver may make payments to professionals for services rendered to the receiver. The notice must include an itemized billing statement indicating the time spent, billing rates of all persons who performed work to be compensated and a detailed list of expenses. [2017 c.358 §31]
 Section 37.320 - Participation of creditors and other interested persons in receivership; effect of receivership on nonparties.
 (2) Persons who receive notice of the pendency of a receivership, whether actual or constructive, and creditors or other persons submitting written claims in the receivership or otherwise appearing and participating in the receivership, are bound by the acts of the receiver with respect to management and disposition of estate property, regardless of whether they are formally joined as parties to the receivership.
 (3) Any person having a claim against or interest in estate property and having actual or constructive knowledge of the receivership is bound by acts of the receiver or orders of the court with respect to the treatment of claims and disposition of estate property, including sales of property free and clear of liens, regardless of whether the person receives written notice from the receiver and regardless of whether the person appears in the receivership.
 (4) A person duly notified by the receiver of a proposed act by the receiver is bound with respect to the act, regardless of whether the person objected to the act or is joined formally as a party in the receivership.
 (5) As used in this section, "bound" means barred from bringing a motion or proceeding to contest an act or order, either within or outside of the receivership. [2017 c.358 §32]
 Section 37.330 - Initial notice to creditors and other interested persons.
 (a) The date of appointment of the receiver;
 (b) The name of the court and the case number of the receivership;
 (c) The deadline for the submission of claims by creditors, if known;
 (d) The name and address of the owner;
 (e) The name and address of the receiver and receiver’s attorney, if any;
 (f) A procedure for notifying the receiver if the recipient is represented by an attorney;
 (g) A procedure for being placed on the special notice list; and
 (h) A statement that the person may not receive notice of all further proceedings in the receivership unless the person requests to be placed on the special notice list.
 (2) The notice required under this section must be given by first class mail or by such other methods as the court may approve or require.
 (3) In addition to the methods described in subsection (2) of this section, the notice required under this section must be published at least once per week for two consecutive weeks in a newspaper of general circulation in all counties in which estate property is known to be located. [2017 c.358 §33]
 Section 37.340 - Claims process.
 (2) If the receiver determines that the estate is insufficient to provide distributions to creditors, the receiver may give notice that no claims process will take place in the receivership. [2017 c.358 §34]
 Section 37.350 - Submission of claims by creditors.
 (2) All claims that arose before the receiver’s appointment, whether contingent, liquidated, unliquidated or disputed, other than claims of creditors with security interests in or other liens against estate property, must be submitted in accordance with this section. Any claim not so submitted is barred from participating in any distribution to creditors.
 (3) Claims must be submitted by delivering the claim to the receiver or an agent designated by the receiver within 30 days after the claims process is established, except that a claim arising from the rejection of an executory contract of the owner must be submitted within 30 days after the rejection. Claims by state agencies must be submitted within 180 days after the claims process is established. The court may shorten or extend any time period set forth in this subsection.
 (4) Claims must be submitted in a form prescribed by the receiver. If no form is prescribed, claims must be in written form and must:
 (a) Include the name and address of the claimant;
 (b) Set forth the nature and amount of the claim;
 (c) Be executed by the claimant or the claimant’s agent; and
 (d) Include any other information required by the receiver.
 (5) Claims may not be filed with the court. If a claim is incorrectly filed with the court, the court shall forward the claim to the receiver or an agent designated by the receiver.
 (6) A claim executed and submitted in accordance with this section constitutes prima facie evidence of the validity and amount of the claim. [2017 c.358 §35]
 Section 37.360 - Objection to and allowance of claims.
 (b) At any time before the entry of an order approving the receiver’s final report, any interested person may object to a claim. The objector must mail a copy of the objection, together with a notice of hearing, to the receiver and claimant at least 21 days before the hearing. The court shall hear the objection and enter an order allowing or disallowing the claim.
 (2) Upon request of a creditor, the receiver or a person objecting to a creditor’s claim, or upon order of the court, an objection is subject to mediation before adjudication of the objection, under the rules or orders adopted or issued with respect to mediations. However, claims by the state are not subject to mediation unless the state consents to mediation.
 (3) Upon motion of the receiver or an interested person, the following claims may be estimated for purpose of allowance under this section under the rules or orders applicable to the estimation of claims under this subsection:
 (a) Any contingent or unliquidated claim, the fixing or liquidation of which, as the case may be, would unduly delay the administration of the receivership; or
 (b) Any right to payment arising from a right to an equitable remedy for breach of performance.
 (4) Claims estimated under subsection (3) of this section are allowed in the estimated amount thereof. [2017 c.358 §36]
 Section 37.370 - Priorities.
 (a) The first priority is unpaid costs and expenses allowable under ORS 37.270.
 (b) The second priority is claims of creditors with liens on estate property that are duly perfected under applicable law. Such creditors receive the proceeds from the disposition of their collateral. Secured claims must be paid from the proceeds in accordance with their respective priorities under otherwise applicable law.
 (c) The third priority is actual, necessary costs and expenses incurred during the administration of the estate, other than those expenses allowable under subsection (2) of this section, including allowed fees and reimbursement of reasonable charges and expenses of the receiver and professional persons employed by the receiver under ORS 37.310. Notwithstanding paragraph (b) of this subsection, expenses incurred during the administration of the estate have priority over the secured claim of any creditor obtaining the appointment of the receiver.
 (d) The fourth priority is claims to which 31 U.S.C. 3713 applies.
 (e) The fifth priority is claims of creditors with liens on estate property that are not required to be perfected under applicable law. Such creditors receive the proceeds of the disposition of their collateral.
 (f) The sixth priority is claims of creditors with liens on estate property that have not been duly perfected under applicable law. Such creditors receive the proceeds from the disposition of their collateral if and to the extent that unsecured claims are made subject to those liens under applicable law.
 (g) The seventh priority is claims for wages, salaries or commissions, including vacation, severance and sick leave pay, or contributions to an employee benefit plan, earned by the claimant within 180 days of the earlier of the date of appointment of the receiver and the cessation of the estate’s business, but only to the extent of $12,850 in aggregate for each claimant.
 (h) The eighth priority is unsecured claims of individuals, to the extent of $2,850 for each claimant, arising from the deposit with the owner before the date of appointment of the receiver of moneys in connection with the purchase, lease or rental of property or the purchase of services for personal, family or household use that were not delivered or provided.
 (i) The ninth priority is claims for a spousal support debt or child support debt, except to the extent that the debt:
 (A) Is assigned to another entity, voluntarily, by operation of law, or otherwise; or
 (B) Includes a liability designated as a support obligation, unless that liability is actually in the nature of a support obligation.
 (j) The tenth priority is unsecured claims of state governmental units for taxes that accrued before the appointment of the receiver.
 (k) The eleventh priority is other unsecured claims.
 (L) The last priority is interests of the owner.
 (2) If the proceeds from the disposition of collateral securing an allowed secured claim are less than the amount of the claim or a creditor’s lien is avoided on any basis, the creditor has an unsecured claim in the amount of the deficiency.
 (3) Except for claimants described in subsection (1)(b) and (d) of this section, claimants receive distributions on a pro rata basis.
 (4) If all of the claims under subsection (1) of this section have been paid in full, the receiver shall pay any residue to the owner. [2017 c.358 §37]
 Section 37.380 - Secured claims against after-acquired property.
 Section 37.390 - Ancillary receiverships.
 (2) A receiver appointed in a foreign action, or any party to the foreign action, may move a court of this state for appointment of that same receiver with respect to any property of the foreign receivership that is located in this state. The court shall act on the motion as provided in ORS 37.060 (3). A receiver appointed in an ancillary receivership in this state is subject to the requirements imposed on receivers by statutes of this state, except as expressly exempted by the court. [2017 c.358 §39]
 Section 37.400 - Removal of receiver.
 (2) Upon removal of the receiver, the court shall appoint a successor receiver if the court determines that further administration of the estate is required. Upon appointment, the successor receiver immediately takes possession of the estate and assumes the duties of receiver.
 (3) If the court is satisfied that a replaced receiver has fully accounted for and turned over to the successor receiver all of the property of the estate and has filed a report of all receipts and disbursements during the person’s tenure as receiver, the court shall, after notice to all persons on the special notice list and hearing, enter an order discharging the replaced receiver from all further duties and responsibilities as receiver. [2017 c.358 §40]
 Section 37.410 - Termination of receivership.
 (2) The receiver shall attach to the motion for discharge a final report and accounting setting forth:
 (a) A list of estate property received during the receivership;
 (b) A list of disbursements, including payments to professionals engaged by the receiver;
 (c) A list of dispositions of estate property;
 (d) A list of distributions made or proposed to be made from the estate for creditor claims;
 (e) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and
 (f) Any other information required by the court.
 (3) If the court approves the final report and accounting, the court shall discharge the receiver. The court may issue an order exonerating the receiver’s bond or alternative security.
 (4) The receiver’s discharge:
 (a) Releases the receiver from any further duties and responsibilities under the Oregon Receivership Code; and
 (b) Releases the receiver and any persons acting on behalf of the receiver from all further liability in connection with the administration of estate property or the receivership.
 (5) Upon motion of any interested person, or upon the court’s own motion, the court may discharge the receiver and terminate the court’s administration of the property over which the receiver was appointed.
 (6) Upon termination of the receivership under any circumstances, if the court determines that the appointment of the receiver was wrongfully procured or procured in bad faith, the court may assess against the person who procured the receiver’s appointment all of the receiver’s fees and other costs of the receivership, and any other sanctions the court deems appropriate. [2017 c.358 §41]
 Chapter 040 - Evidence Code
 Section 40.010 - Rule 100. Short title.
 Section 40.015 - Rule 101. Applicability of Oregon Evidence Code.
 (a) A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501;
 (b) The small claims department of a circuit court as provided by ORS 46.415; and
 (c) The small claims department of a justice court as provided by ORS 55.080.
 (2) The Oregon Evidence Code applies generally to civil actions, suits and proceedings, criminal actions and proceedings and to contempt proceedings except those in which the court may act summarily.
 (3) ORS 40.225 to 40.295 relating to privileges apply at all stages of all actions, suits and proceedings.
 (4) ORS 40.010 to 40.210 and 40.310 to 40.585 do not apply in the following situations:
 (a) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under ORS 40.030.
 (b) Proceedings before grand juries, except as required by ORS 132.320.
 (c) Proceedings for extradition, except as required by ORS 133.743 to 133.857.
 (d) Sentencing proceedings, except proceedings under ORS 138.052 and 163.150, as required by ORS 137.090 or proceedings under ORS 136.765 to 136.785.
 (e) Proceedings to revoke probation, except as required by ORS 137.090.
 (f) Proceedings conducted in a reentry court under section 29, chapter 649, Oregon Laws 2013.
 (g) Issuance of warrants of arrest, bench warrants or search warrants.
 (h) Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173.
 (i) Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (2) and 419C.400 (4).
 (j) Proceedings under ORS 813.210, 813.215, 813.220, 813.230, 813.250 and 813.255 to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.
 (k) Proceedings under ORS 147.530 relating to victims’ rights, except for the provisions of ORS 40.105 and 40.115. [1981 c.892 §2; 1983 c.784 §1; 1985 c.16 §444; 1987 c.441 §10; 1993 c.18 §13; 1993 c.33 §289; 1995 c.531 §1; 1995 c.650 §22; 1995 c.657 §22; 1995 c.658 §35; 1999 c.1055 §11; 2005 c.345 §2; 2005 c.463 §8; 2005 c.463 §13; 2005 c.843 §25; 2007 c.16 §2; 2009 c.178 §23; 2013 c.649 §32]
 Note: The amendments to 40.015 by section 37, chapter 649, Oregon Laws 2013, become operative July 1, 2023. See section 38, chapter 649, Oregon Laws 2013. The text that is operative on and after July 1, 2023, is set forth for the user’s convenience.
 (1) The Oregon Evidence Code applies to all courts in this state except for:
 (a) A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501;
 (b) The small claims department of a circuit court as provided by ORS 46.415; and
 (c) The small claims department of a justice court as provided by ORS 55.080.
 (2) The Oregon Evidence Code applies generally to civil actions, suits and proceedings, criminal actions and proceedings and to contempt proceedings except those in which the court may act summarily.
 (3) ORS 40.225 to 40.295 relating to privileges apply at all stages of all actions, suits and proceedings.
 (4) ORS 40.010 to 40.210 and 40.310 to 40.585 do not apply in the following situations:
 (a) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under ORS 40.030.
 (b) Proceedings before grand juries, except as required by ORS 132.320.
 (c) Proceedings for extradition, except as required by ORS 133.743 to 133.857.
 (d) Sentencing proceedings, except proceedings under ORS 138.052 and 163.150, as required by ORS 137.090 or proceedings under ORS 136.765 to 136.785.
 (e) Proceedings to revoke probation, except as required by ORS 137.090.
 (f) Issuance of warrants of arrest, bench warrants or search warrants.
 (g) Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173.
 (h) Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (2) and 419C.400 (4).
 (i) Proceedings under ORS 813.210, 813.215, 813.220, 813.230, 813.250 and 813.255 to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.
 (j) Proceedings under ORS 147.530 relating to victims’ rights, except for the provisions of ORS 40.105 and 40.115.
 Section 40.020 - Rule 102. Purpose and construction.
 Section 40.025 - Rule 103. Rulings on evidence.
 (a) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or
 (b) In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.
 (2) The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. It may direct the making of an offer in question and answer form.
 (3) In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.
 (4) Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court. [1981 c.892 §4]
 Section 40.030 - Rule 104. Preliminary questions.
 (2) When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
 (3) Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or, when an accused is a witness, if the accused so requests.
 (4) The accused does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case.
 (5) This section does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility. [1981 c.892 §5]
 Section 40.035 - Rule 105. Limited admissibility.
 Section 40.040 - Rule 106. When part of transaction proved, whole admissible.
 Section 40.060 - Rule 201(a). Scope.
 Section 40.065 - Rule 201(b). Kinds of facts.
 (1) Generally known within the territorial jurisdiction of the trial court; or
 (2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. [1981 c.892 §8]
 Section 40.070 - Rules 201(c) and 201(d). When mandatory or discretionary.
 (2) A court shall take judicial notice if requested by a party and supplied with the necessary information. [1981 c.892 §9]
 Section 40.075 - Rule 201(e). Opportunity to be heard.
 Section 40.080 - Rule 201(f). Time of taking notice.
 Section 40.085 - Rule 201(g). Instructing the jury.
 (2) In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed in favor of the prosecution. [1981 c.892 §12]
 Section 40.090 - Rule 202. Law that is judicially noticed.
 (1) The decisional, constitutional and public statutory law of Oregon, the United States, any federally recognized American Indian tribal government and any state, territory or other jurisdiction of the United States.
 (2) Public and private official acts of the legislative, executive and judicial departments of this state, the United States, any federally recognized American Indian tribal government and any other state, territory or other jurisdiction of the United States.
 (3) Rules of professional conduct for members of the Oregon State Bar.
 (4) Regulations, ordinances and similar legislative enactments issued by or under the authority of the United States, any federally recognized American Indian tribal government or any state, territory or possession of the United States.
 (5) Rules of court of any court of this state or any court of record of the United States, of any federally recognized American Indian tribal government or of any state, territory or other jurisdiction of the United States.
 (6) The law of an organization of nations and of foreign nations and public entities in foreign nations.
 (7) An ordinance, comprehensive plan or enactment of any county or incorporated city in this state, or a right derived therefrom. As used in this subsection, "comprehensive plan" has the meaning given that term by ORS 197.015. [1981 c.892 §13; 2007 c.63 §1]
 Section 40.105 - Rule 305. Allocation of the burden of persuasion.
 Section 40.110 - Rule 306. Instructions on the burden of persuasion.
 Section 40.115 - Rule 307. Allocation of the burden of producing evidence.
 (2) The burden of producing evidence as to a particular issue is initially on the party with the burden of persuasion as to that issue. [1981 c.892 §16]
 Section 40.120 - Rule 308. Presumptions in civil proceedings.
 Section 40.125 - Rule 309. Presumptions in criminal proceedings.
 (2) When the presumed fact establishes guilt or is an element of the offense or negates a defense, the judge may submit the question of guilt or the existence of the presumed fact to the jury only if:
 (a) A reasonable juror on the evidence as a whole could find that the facts giving rise to the presumed fact have been established beyond a reasonable doubt; and
 (b) The presumed fact follows more likely than not from the facts giving rise to the presumed fact. [1981 c.892 §18]
 Section 40.130 - Rule 310. Conflicting presumptions.
 Section 40.135 - Rule 311. Presumptions.
 (a) A person intends the ordinary consequences of a voluntary act.
 (b) A person takes ordinary care of the person’s own concerns.
 (c) Evidence willfully suppressed would be adverse to the party suppressing it.
 (d) Money paid by one to another was due to the latter.
 (e) A thing delivered by one to another belonged to the latter.
 (f) An obligation delivered to the debtor has been paid.
 (g) A person is the owner of property from exercising acts of ownership over it or from common reputation of the ownership of the person.
 (h) A person in possession of an order on that person, for the payment of money or the delivery of a thing, has paid the money or delivered the thing accordingly.
 (i) A person acting in a public office was regularly appointed to it.
 (j) Official duty has been regularly performed.
 (k) A court, or judge acting as such, whether in this state or any other state or country, was acting in the lawful exercise of the jurisdiction of the court.
 (L) Private transactions have been fair and regular.
 (m) The ordinary course of business has been followed.
 (n) A promissory note or bill of exchange was given or indorsed for a sufficient consideration.
 (o) An indorsement of a negotiable promissory note, or bill of exchange, was made at the time and place of making the note or bill.
 (p) A writing is truly dated.
 (q) A letter duly directed and mailed was received in the regular course of the mail.
 (r) A person is the same person if the name is identical.
 (s) A person not heard from in seven years is dead.
 (t) Persons acting as copartners have entered into a contract of copartnership.
 (u) Two individuals deporting themselves as legally married to each other have entered into a lawful contract of marriage.
 (v) A child born in lawful wedlock is legitimate.
 (w) A thing once proved to exist continues as long as is usual with things of that nature.
 (x) The law has been obeyed.
 (y) An uninterrupted adverse possession of real property for 20 years or more has been held pursuant to a written conveyance.
 (z) A trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to the person, when such presumption is necessary to perfect the title of the person or the person’s successor in interest.
 (2) A statute providing that a fact or a group of facts is prima facie evidence of another fact establishes a presumption within the meaning of this section. [1981 c.892 §20; 2016 c.46 §2]
 Section 40.150 - Rule 401. Definition of "relevant evidence."
 Section 40.155 - Rule 402. Relevant evidence generally admissible.
 Section 40.160 - Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay.
 Section 40.170 - Rule 404. Character evidence; evidence of other crimes, wrongs or acts.
 (2) Evidence of a person’s character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except:
 (a) Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same;
 (b) Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same or evidence of a character trait of peacefulness of the victim offered by the prosecution to rebut evidence that the victim was the first aggressor;
 (c) Evidence of the character of a witness, as provided in ORS 40.345 to 40.355; or
 (d) Evidence of the character of a party for violent behavior offered in a civil assault and battery case when self-defense is pleaded and there is evidence to support such defense.
 (3) Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
 (4) In criminal actions, evidence of other crimes, wrongs or acts by the defendant is admissible if relevant except as otherwise provided by:
 (a) ORS 40.180, 40.185, 40.190, 40.195, 40.200, 40.205, 40.210 and, to the extent required by the United States Constitution or the Oregon Constitution, ORS 40.160;
 (b) The rules of evidence relating to privilege and hearsay;
 (c) The Oregon Constitution; and
 (d) The United States Constitution. [1981 c.892 §24; 1997 c.313 §29]
 Section 40.172 - Rule 404-1. Pattern, practice or history of abuse; expert testimony.
 (a) Is relevant to any material issue in the proceeding; and
 (b) Is not inadmissible under any other provision of law including, but not limited to, rules regarding relevance, privilege, hearsay, competency and authentication.
 (2) This section may not be construed to limit any evidence that would otherwise be admissible under the Oregon Evidence Code or any other provision of law.
 (3) As used in this section, "abuse" has the meaning given that term in ORS 107.705. [1997 c.397 §2]
 Note: 40.172 was added to and made a part of 40.010 to 40.585 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 40.175 - Rule 405. Methods of proving character.
 (2)(a) In cases in which character or a trait of character of a person is admissible under ORS 40.170 (1), proof may also be made of specific instances of the conduct of the person.
 (b) When evidence is admissible under ORS 40.170 (3) or (4), proof may be made of specific instances of the conduct of the person. [1981 c.892 §25; 1997 c.313 §34]
 Section 40.180 - Rule 406. Habit; routine practice.
 (2) As used in this section, "habit" means a person’s regular practice of meeting a particular kind of situation with a specific, distinctive type of conduct. [1981 c.892 §21]
 Section 40.185 - Rule 407. Subsequent remedial measures.
 Section 40.190 - Rule 408. Compromise and offers to compromise.
 (b) Evidence of conduct or statements made in compromise negotiations is likewise not admissible.
 (2)(a) Subsection (1) of this section does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations.
 (b) Subsection (1) of this section also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. [1981 c.892 §28]
 Section 40.195 - Rule 409. Payment of medical and similar expenses.
 Section 40.200 - Rule 410. Withdrawn plea or statement not admissible.
 (2) No statement or admission made by a defendant or a defendant’s attorney during any proceeding relating to a plea of guilty or no contest which is not accepted or has been withdrawn shall be received against the defendant in any criminal proceeding. [1981 c.892 §29a]
 Section 40.205 - Rule 411. Liability insurance.
 (2) Subsection (1) of this section does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proving agency, ownership or control, or bias, prejudice or motive of a witness. [1981 c.892 §30]
 Section 40.210 - Rule 412. Sex offense cases; relevance of victim’s past behavior or manner of dress.
 (a) Reputation or opinion evidence of the past sexual behavior of an alleged victim or a corroborating witness; or
 (b) Reputation or opinion evidence presented for the purpose of showing that the manner of dress of an alleged victim incited the crime or, in a proceeding under ORS 163.760 to 163.777, incited the sexual abuse, or indicated consent to the sexual acts that are alleged.
 (2) Notwithstanding any other provision of law, in a prosecution for a crime or an attempt to commit a crime listed in subsection (1) of this section or in a proceeding conducted under ORS 163.760 to 163.777, evidence of an alleged victim’s past sexual behavior other than reputation or opinion evidence is also not admissible, unless the evidence other than reputation or opinion evidence:
 (a) Is admitted in accordance with subsection (4) of this section; and
 (b) Is evidence that:
 (A) Relates to the motive or bias of the alleged victim;
 (B) Is necessary to rebut or explain scientific or medical evidence offered by the state; or
 (C) Is otherwise constitutionally required to be admitted.
 (3) Notwithstanding any other provision of law, in a prosecution for a crime or an attempt to commit a crime listed in subsection (1) of this section or in a proceeding conducted under ORS 163.760 to 163.777, evidence, other than reputation or opinion evidence, of the manner of dress of the alleged victim or a corroborating witness, presented by a person accused of committing the crime or, in a proceeding conducted under ORS 163.760 to 163.777, by the respondent, is also not admissible, unless the evidence is:
 (a) Admitted in accordance with subsection (4) of this section; and
 (b) Is evidence that:
 (A) Relates to the motive or bias of the alleged victim;
 (B) Is necessary to rebut or explain scientific, medical or testimonial evidence offered by the state;
 (C) Is necessary to establish the identity of the alleged victim; or
 (D) Is otherwise constitutionally required to be admitted.
 (4)(a) If the person accused of a crime or an attempt to commit a crime listed in subsection (1) of this section, or the respondent in a proceeding conducted under ORS 163.760 to 163.777, intends to offer evidence under subsection (2) or (3) of this section, the accused or the respondent shall make a written motion to offer the evidence not later than 15 days before the date on which the trial in which the evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which the evidence relates has newly arisen in the case. Any motion made under this paragraph shall be served on all other parties and, in a criminal proceeding, on the alleged victim through the office of the prosecutor.
 (b) The motion described in paragraph (a) of this subsection shall be accompanied by a written offer of proof. If the court determines that the offer of proof contains evidence described in subsection (2) or (3) of this section, the court shall order a hearing in camera to determine if the evidence is admissible. At the hearing the parties may call witnesses, including the alleged victim, and offer relevant evidence. Notwithstanding ORS 40.030 (2), if the relevancy of the evidence that the accused or the respondent seeks to offer in the trial depends upon the fulfillment of a condition of fact, the court, at the hearing in camera or at a subsequent hearing in camera scheduled for the same purpose, shall accept evidence on the issue of whether the condition of fact is fulfilled and shall determine the issue.
 (c) If the court determines on the basis of the hearing described in paragraph (b) of this subsection that the evidence the accused or the respondent seeks to offer is relevant and that the probative value of the evidence outweighs the danger of unfair prejudice, the evidence shall be admissible in the trial to the extent an order made by the court specifies evidence that may be offered and areas with respect to which a witness may be examined or cross-examined.
 (d) An order admitting evidence under this subsection in a criminal prosecution may be appealed by the state before trial.
 (5) For purposes of this section:
 (a) "Alleged victim" includes the petitioner in a proceeding conducted under ORS 163.760 to 163.777.
 (b) "In camera" means out of the presence of the public and the jury.
 (c) "Past sexual behavior" means sexual behavior other than:
 (A) The sexual behavior with respect to which the crime or attempt to commit the crime listed in subsection (1) of this section is alleged; or
 (B) In a proceeding conducted under ORS 163.760 to 163.777, the alleged sexual abuse.
 (d) "Trial" includes a hearing conducted under ORS 163.760 to 163.777. [1981 c.892 §31; 1993 c.301 §1; 1993 c.776 §1; 1997 c.249 §20; 1999 c.949 §3; 2013 c.687 §21; 2013 c.720 §5]
 Section 40.211 - Rule 412-1. Evidence not admissible in civil proceeding involving sexual misconduct.
 (a) Evidence offered to prove that an alleged victim engaged in other sexual behavior; or
 (b) Evidence offered to prove an alleged victim’s sexual predisposition.
 (2) If a party intends to offer evidence under subsection (1) of this section, the party must:
 (a) Make a written motion at least 15 days before the date on which the proceeding in which the evidence is to be offered is scheduled to begin unless the court, for good cause, sets a different time;
 (b) In the motion, specifically describe the evidence and state the purpose for which it is to be offered;
 (c) Serve the motion on all parties; and
 (d) Notify the alleged victim or the alleged victim’s representative.
 (3) Before admitting evidence under this section, the court must conduct an in camera hearing and give the alleged victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials and the record of the hearing are confidential. A party making a motion under this section shall state in the caption that the motion is confidential.
 (4) As used in this section, "in camera" means out of the presence of the public and the jury. [2017 c.321 §2]
 Section 40.215 - Rule 413. Measures and assessments intended to minimize impact of or plan for natural disaster.
 Section 40.225 - Rule 503. Lawyer-client privilege.
 (a) "Client" means a person, public officer, corporation, association or other organization or entity, either public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional legal services from the lawyer.
 (b) "Confidential communication" means a communication not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.
 (c) "Lawyer" means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.
 (d) "Representative of the client" means:
 (A) A principal, an officer or a director of the client; or
 (B) A person who has authority to obtain professional legal services, or to act on legal advice rendered, on behalf of the client, or a person who, for the purpose of effectuating legal representation for the client, makes or receives a confidential communication while acting in the person’s scope of employment for the client.
 (e) "Representative of the lawyer" means one employed to assist the lawyer in the rendition of professional legal services, but does not include a physician making a physical or mental examination under ORCP 44.
 (2) A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client:
 (a) Between the client or the client’s representative and the client’s lawyer or a representative of the lawyer;
 (b) Between the client’s lawyer and the lawyer’s representative;
 (c) By the client or the client’s lawyer to a lawyer representing another in a matter of common interest;
 (d) Between representatives of the client or between the client and a representative of the client; or
 (e) Between lawyers representing the client.
 (3) The privilege created by this section may be claimed by the client, a guardian or conservator of the client, the personal representative of a deceased client, or the successor, trustee, or similar representative of a corporation, association, or other organization, whether or not in existence. The person who was the lawyer or the lawyer’s representative at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the client.
 (4) There is no privilege under this section:
 (a) If the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;
 (b) As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction;
 (c) As to a communication relevant to an issue of breach of duty by the lawyer to the client or by the client to the lawyer;
 (d) As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; or
 (e) As to a communication relevant to a matter of common interest between two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients.
 (5) Notwithstanding ORS 40.280, a privilege is maintained under this section for a communication made to the office of public defense services established under ORS 151.216 for the purpose of seeking preauthorization for or payment of nonroutine fees or expenses under ORS 135.055.
 (6) Notwithstanding subsection (4)(c) of this section and ORS 40.280, a privilege is maintained under this section for a communication that is made to the office of public defense services established under ORS 151.216 for the purpose of making, or providing information regarding, a complaint against a lawyer providing public defense services.
 (7) Notwithstanding ORS 40.280, a privilege is maintained under this section for a communication ordered to be disclosed under ORS 192.311 to 192.478. [1981 c.892 §32; 1987 c.680 §1; 2005 c.356 §1; 2005 c.358 §1; 2007 c.513 §3; 2009 c.516 §1]
 Section 40.230 - Rule 504. Psychotherapist-patient privilege.
 (a) "Confidential communication" means a communication not intended to be disclosed to third persons except:
 (A) Persons present to further the interest of the patient in the consultation, examination or interview;
 (B) Persons reasonably necessary for the transmission of the communication; or
 (C) Persons who are participating in the diagnosis and treatment under the direction of the psychotherapist, including members of the patient’s family.
 (b) "Patient" means a person who consults or is examined or interviewed by a psychotherapist.
 (c) "Psychotherapist" means a person who is:
 (A) Licensed, registered, certified or otherwise authorized under the laws of any state to engage in the diagnosis or treatment of a mental or emotional condition; or
 (B) Reasonably believed by the patient so to be, while so engaged.
 (2) A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family.
 (3) The privilege created by this section may be claimed by:
 (a) The patient.
 (b) A guardian or conservator of the patient.
 (c) The personal representative of a deceased patient.
 (d) The person who was the psychotherapist, but only on behalf of the patient. The psychotherapist’s authority so to do is presumed in the absence of evidence to the contrary.
 (4) The following is a nonexclusive list of limits on the privilege granted by this section:
 (a) If the judge orders an examination of the mental, physical or emotional condition of the patient, communications made in the course thereof are not privileged under this section with respect to the particular purpose for which the examination is ordered unless the judge orders otherwise.
 (b) There is no privilege under this rule as to communications relevant to an issue of the mental or emotional condition of the patient:
 (A) In any proceeding in which the patient relies upon the condition as an element of the patient’s claim or defense; or
 (B) After the patient’s death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense.
 (c) Except as provided in ORCP 44, there is no privilege under this section for communications made in the course of mental examination performed under ORCP 44.
 (d) There is no privilege under this section with regard to any confidential communication or record of such confidential communication that would otherwise be privileged under this section when the use of the communication or record is allowed specifically under ORS 426.070, 426.074, 426.075, 426.095, 426.120 or 426.307. This paragraph only applies to the use of the communication or record to the extent and for the purposes set forth in the described statute sections. [1981 c.892 §33; 1987 c.903 §1]
 Section 40.235 - Rule 504-1. Physician-patient privilege.
 (a) "Confidential communication" means a communication not intended to be disclosed to third persons except:
 (A) Persons present to further the interest of the patient in the consultation, examination or interview;
 (B) Persons reasonably necessary for the transmission of the communication; or
 (C) Persons who are participating in the diagnosis and treatment under the direction of the physician, including members of the patient’s family.
 (b) "Patient" means a person who consults or is examined or interviewed by a physician.
 (c)(A) "Physician" means a person authorized and licensed or certified to practice medicine, podiatry or dentistry in any state or nation, or reasonably believed by the patient so to be, while engaged in the diagnosis or treatment of a physical condition.
 (B) "Physician" includes licensed or certified naturopathic and chiropractic physicians and dentists.
 (2) A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications in a civil action, suit or proceeding, made for the purposes of diagnosis or treatment of the patient’s physical condition, among the patient, the patient’s physician or persons who are participating in the diagnosis or treatment under the direction of the physician, including members of the patient’s family.
 (3) The privilege created by this section may be claimed by:
 (a) The patient;
 (b) A guardian or conservator of the patient;
 (c) The personal representative of a deceased patient; or
 (d) The person who was the physician, but only on behalf of the patient. Such person’s authority so to do is presumed in the absence of evidence to the contrary.
 (4) The following is a nonexclusive list of limits on the privilege granted by this section:
 (a) If the judge orders an examination of the physical condition of the patient, communications made in the course thereof are not privileged under this section with respect to the particular purpose for which the examination is ordered unless the judge orders otherwise.
 (b) Except as provided in ORCP 44, there is no privilege under this section for communications made in the course of a physical examination performed under ORCP 44.
 (c) There is no privilege under this section with regard to any confidential communication or record of such confidential communication that would otherwise be privileged under this section when the use of the communication or record is specifically allowed under ORS 426.070, 426.074, 426.075, 426.095, 426.120 or 426.307. This paragraph only applies to the use of the communication or record to the extent and for the purposes set forth in the described statute sections. [1981 c.892 §33a; 1987 c.903 §2; 2005 c.353 §1; 2013 c.129 §3]
 Section 40.240 - Rule 504-2. Nurse-patient privilege.
 Section 40.245 - Rule 504-3. School employee-student privilege.
 (2) A certificated school counselor regularly employed and designated in such capacity by a public school shall not, without the consent of the student, be examined as to any communication made by the student to the counselor in the official capacity of the counselor in any civil action or proceeding or a criminal action or proceeding in which such student is a party concerning the past use, abuse or sale of drugs, controlled substances or alcoholic liquor. Any violation of the privilege provided by this subsection may result in the suspension of certification of the professional school counselor as provided in ORS 342.175, 342.177 and 342.180. However, in the event that the student’s condition presents a clear and imminent danger to the student or to others, the counselor shall report this fact to an appropriate responsible authority or take such other emergency measures as the situation demands. [1981 c.892 §33c]
 Section 40.250 - Rule 504-4. Regulated social worker-client privilege.
 (1) The client or a person legally responsible for the client’s affairs gives consent to the disclosure;
 (2) The client initiates legal action or makes a complaint against the regulated social worker to the State Board of Licensed Social Workers;
 (3) The communication reveals a clear intent to commit a crime that reasonably is expected to result in physical injury to a person;
 (4) The communication reveals that a minor was the victim of a crime, abuse or neglect; or
 (5) The regulated social worker is a public employee and the public employer has determined that examination in a civil or criminal court proceeding is necessary in the performance of the duty of the regulated social worker as a public employee. [1981 c.892 §33d; 1989 c.721 §46; 2009 c.442 §28]
 Section 40.252 - Rule 504-5. Communications revealing intent to commit certain crimes.
 (a) In the professional judgment of the person receiving the communications, the communications reveal that the declarant has a clear and serious intent at the time the communications are made to subsequently commit a crime involving physical injury, a threat to the physical safety of any person, sexual abuse or death or involving an act described in ORS 167.322;
 (b) In the professional judgment of the person receiving the communications, the declarant poses a danger of committing the crime; and
 (c) The person receiving the communications makes a report to another person based on the communications.
 (2) The provisions of this section do not create a duty to report any communication to any person.
 (3) A person who discloses a communication described in subsection (1) of this section, or fails to disclose a communication described in subsection (1) of this section, is not liable to any other person in a civil action for any damage or injury arising out of the disclosure or failure to disclose. [2001 c.640 §2; 2007 c.731 §4; 2015 c.265 §3]
 Note: 40.252 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 40.255 - Rule 505. Spousal privilege.
 (a) "Confidential communication" means a communication by a spouse to the other spouse and not intended to be disclosed to any other person.
 (b) "Marriage" means a marital relationship between two individuals, legally recognized under the laws of this state.
 (c) "Spouse" means an individual in a marriage with another individual.
 (2) In any civil or criminal action, a spouse has a privilege to refuse to disclose and to prevent the other spouse from disclosing any confidential communication made by one spouse to the other during the marriage. The privilege created by this subsection may be claimed by either spouse. The authority of the spouse to claim the privilege and the claiming of the privilege is presumed in the absence of evidence to the contrary.
 (3) In any criminal proceeding, neither spouse, during the marriage, shall be examined adversely against the other as to any other matter occurring during the marriage unless the spouse called as a witness consents to testify.
 (4) There is no privilege under this section:
 (a) In all criminal actions in which one spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse;
 (b) As to matters occurring prior to the marriage; or
 (c) In any civil action where the spouses are adverse parties. [1981 c.892 §34; 1983 c.433 §1; 2016 c.46 §1]
 Section 40.260 - Rule 506. Member of clergy-penitent privilege.
 (a) "Confidential communication" means a communication made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
 (b) "Member of the clergy" means a minister of any church, religious denomination or organization or accredited Christian Science practitioner who in the course of the discipline or practice of that church, denomination or organization is authorized or accustomed to hearing confidential communications and, under the discipline or tenets of that church, denomination or organization, has a duty to keep such communications secret.
 (2) A member of the clergy may not be examined as to any confidential communication made to the member of the clergy in the member’s professional character unless consent to the disclosure of the confidential communication is given by the person who made the communication.
 (3) Even though the person who made the communication has given consent to the disclosure, a member of the clergy may not be examined as to any confidential communication made to the member in the member’s professional character if, under the discipline or tenets of the member’s church, denomination or organization, the member has an absolute duty to keep the communication confidential. [1981 c.892 §35; 1999 c.7 §1]
 Section 40.262 - Rule 507. Counselor-client privilege.
 (1) When the client or those persons legally responsible for the affairs of the client give consent to the disclosure. If both parties to a marriage have obtained marital and family therapy by a licensed marital and family therapist or a licensed counselor, the therapist or counselor shall not be competent to testify in a domestic relations action other than child custody action concerning information acquired in the course of the therapeutic relationship unless both parties consent;
 (2) When the client initiates legal action or makes a complaint against the licensed professional counselor or licensed marriage and family therapist to the board;
 (3) When the communication reveals the intent to commit a crime or harmful act; or
 (4) When the communication reveals that a minor is or is suspected to be the victim of crime, abuse or neglect. [1989 c.721 §20]
 Note: 40.262 was added to and made a part of 40.010 to 40.585 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 40.264 - Rule 507-1. Certified advocate-victim privilege.
 (a) "Certified advocate" means a person who:
 (A) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and
 (B) Is an employee or a volunteer of a qualified victim services program.
 (b) "Confidential communication" means a written or oral communication that is not intended for further disclosure, except to:
 (A) Persons present at the time the communication is made who are present to further the interests of the victim in the course of seeking safety planning, counseling, support or advocacy services;
 (B) Persons reasonably necessary for the transmission of the communication; or
 (C) Other persons, in the context of group counseling.
 (c) "Qualified victim services program" means:
 (A) A nongovernmental, nonprofit, community-based program receiving moneys administered by the state Department of Human Services or the Oregon or United States Department of Justice, or a program administered by a tribal government, that offers safety planning, counseling, support or advocacy services to victims of domestic violence, sexual assault or stalking; or
 (B) A sexual assault center, victim advocacy office, women’s center, student affairs center, health center or other program providing safety planning, counseling, support or advocacy services to victims that is on the campus of or affiliated with a two- or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant.
 (d) "Victim" means a person seeking safety planning, counseling, support or advocacy services related to domestic violence, sexual assault or stalking at a qualified victim services program.
 (2) Except as provided in subsection (3) of this section, a victim has a privilege to refuse to disclose and to prevent any other person from disclosing:
 (a) Confidential communications made by the victim to a certified advocate in the course of safety planning, counseling, support or advocacy services.
 (b) Records that are created or maintained in the course of providing services regarding the victim.
 (3) The privilege established by this section does not apply to the disclosure of confidential communications, only to the extent disclosure is necessary for defense, in any civil, criminal or administrative action that is brought against the certified advocate, or against the qualified victim services program, by or on behalf of the victim.
 (4) The privilege established in this section is not waived by disclosure of the communications by the certified advocate to another person if the disclosure is reasonably necessary to accomplish the purpose for which the certified advocate is consulted.
 (5) This section does not prohibit the disclosure of aggregate, nonpersonally identifying data.
 (6) This section applies to civil, criminal and administrative proceedings and to institutional disciplinary proceedings at a two-year or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant. [2015 c.265 §2; 2017 c.256 §1]
 Note: 40.264 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 40.265 - Rule 508a. Stenographer-employer privilege.
 Section 40.270 - Rule 509. Public officer privilege.
 Section 40.272 - Rule 509-1. Sign language interpreter privilege.
 (a) "Person with a disability" means a person who cannot readily understand or communicate the spoken English language, or cannot understand proceedings in which the person is involved, because of deafness or because of a physical hearing impairment or cannot communicate in the proceedings because of a physical speaking impairment.
 (b) "Sign language interpreter" or "interpreter" means a person who translates conversations or other communications for a person with a disability or translates the statements of a person with a disability.
 (2) A person with a disability has a privilege to refuse to disclose and to prevent a sign language interpreter from disclosing any communications to which the person with a disability was a party that were made while the interpreter was providing interpretation services for the person with a disability. The privilege created by this section extends only to those communications between a person with a disability and another, and translated by the interpreter, that would otherwise be privileged under ORS 40.225 to 40.295. [1993 c.179 §2; 2007 c.70 §11]
 Note: 40.272 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
 Section 40.273 - Rule 509-2. Non-English-speaking person-interpreter privilege.
 (a) "Interpreter" means a person who translates conversations or other communications for a non-English-speaking person or translates the statements of a non-English-speaking person.
 (b) "Non-English-speaking person" means a person who, by reason of place of birth or culture, speaks a language other than English and does not speak English with adequate ability to communicate in the proceedings.
 (2) A non-English-speaking person has a privilege to refuse to disclose and to prevent an interpreter from disclosing any communications to which the non-English-speaking person was a party that were made while the interpreter was providing interpretation services for the non-English-speaking person. The privilege created by this section extends only to those communications between a non-English-speaking person and another, and translated by the interpreter, that would otherwise be privileged under ORS 40.225 to 40.295. [1993 c.179 §3]
 Note: 40.273 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 40 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 40.275 - Rule 510. Identity of informer.
 (a) The federal government or any state or political subdivision thereof;
 (b) A university that has commissioned police officers under ORS 352.121 or 353.125; or
 (c) A tribal government as defined in ORS 181A.680, if the information referred to in this section relates to or assists in an investigation conducted by an authorized tribal police officer as defined in ORS 181A.680.
 (2) A unit of government has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of law to a law enforcement officer or member of a legislative committee or its staff conducting an investigation.
 (3) The privilege created by this section may be claimed by an appropriate representative of the unit of government if the information was furnished to an officer thereof.
 (4) No privilege exists under this section:
 (a) If the identity of the informer or the informer’s interest in the subject matter of the communication has been disclosed to those who would have cause to resent the communication by a holder of the privilege or by the informer’s own action, or if the informer appears as a witness for the unit of government.
 (b) If it appears from the evidence in the case or from other showing by a party that an informer may be able to give testimony necessary to a fair determination of the issue of guilt or innocence in a criminal case or of a material issue on the merits in a civil case to which the unit of government is a party, and the unit of government invokes the privilege, and the judge gives the unit of government an opportunity to show in camera facts relevant to determining whether the informer can, in fact, supply that testimony. The showing will ordinarily be in the form of affidavits, but the judge may direct that testimony be taken if the judge finds that the matter cannot be resolved satisfactorily upon affidavit. If the judge finds that there is a reasonable probability that the informer can give the testimony, and the unit of government elects not to disclose identity of the informer, the judge on motion of the defendant in a criminal case shall dismiss the charges to which the testimony would relate, and the judge may do so on the judge’s own motion. In civil cases, the judge may make any order that justice requires. Evidence submitted to the judge shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the unit of government. All counsel and parties shall be permitted to be present at every stage of proceedings under this paragraph except a showing in camera, at which no counsel or party shall be permitted to be present.
 (c) If information from an informer is relied upon to establish the legality of the means by which evidence was obtained and the judge is not satisfied that the information was received from an informer reasonably believed to be reliable or credible. The judge may require the identity of the informer to be disclosed. The judge shall, on request of the unit of government, direct that the disclosure be made in camera. All counsel and parties concerned with the issue of legality shall be permitted to be present at every stage of proceedings under this paragraph except a disclosure in camera, at which no counsel or party shall be permitted to be present. If disclosure of the identity of the informer is made in camera, the record thereof shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the unit of government. [1981 c.892 §38; 2011 c.506 §2; 2011 c.644 §§10,37; 2013 c.180 §§2,3; 2015 c.174 §2]
 Section 40.280 - Rule 511. Waiver of privilege by voluntary disclosure.
 Section 40.285 - Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege.
 (1) Compelled erroneously; or
 (2) Made without opportunity to claim the privilege. [1981 c.892 §40]
 Section 40.290 - Rule 513. Comment upon or inference from claim of privilege.
 (2) In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege without the knowledge of the jury.
 (3) Upon request, any party against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom. [1981 c.892 §41]
 Section 40.295 - Rule 514. Effect on existing privileges.
 Section 40.310 - Rule 601. General rule of competency.
 Section 40.315 - Rule 602. Lack of personal knowledge.
 Section 40.320 - Rule 603. Oath or affirmation.
 (2) An oath may be administered as follows: The person who swears holds up one hand while the person administering the oath asks: "Under penalty of perjury, do you solemnly swear that the evidence you shall give in the issue (or matter) now pending between _____ and _____ shall be the truth, the whole truth and nothing but the truth, so help you God?" If the oath is administered to any other than a witness, the same form and manner may be used. The person swearing must answer in an affirmative manner.
 (3) An affirmation may be administered as follows: The person who affirms holds up one hand while the person administering the affirmation asks: "Under penalty of perjury, do you promise that the evidence you shall give in the issue (or matter) now pending between _____ and _____ shall be the truth, the whole truth and nothing but the truth?" If the affirmation is administered to any other than a witness, the same form and manner may be used. The person affirming must answer in an affirmative manner. [1981 c.892 §45]
 Section 40.325 - Rule 604. Interpreters.
 Section 40.330 - Rule 605. Competency of judge as witness.
 Section 40.335 - Rule 606. Competency of juror as witness.
 Section 40.345 - Rule 607. Who may impeach.
 Section 40.350 - Rule 608. Evidence of character and conduct of witness.
 (a) The evidence may refer only to character for truthfulness or untruthfulness; and
 (b) Evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.
 (2) Specific instances of the conduct of a witness, for the purpose of attacking or supporting the credibility of the witness, other than conviction of crime as provided in ORS 40.355, may not be proved by extrinsic evidence. Further, such specific instances of conduct may not, even if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness. [1981 c.892 §52]
 Section 40.355 - Rule 609. Impeachment by evidence of conviction of crime; exceptions.
 (a) Was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted; or
 (b) Involved false statement or dishonesty.
 (2)(a) If a defendant is charged with one or more of the crimes listed in paragraph (b) of this subsection, and the defendant is a witness, evidence that the defendant has been convicted of committing one or more of the following crimes against a family or household member, as defined in ORS 135.230, may be elicited from the defendant, or established by public record, and admitted into evidence for the purpose of attacking the credibility of the defendant:
 (A) Assault in the fourth degree under ORS 163.160.
 (B) Menacing under ORS 163.190.
 (C) Harassment under ORS 166.065.
 (D) Attempted assault in the fourth degree under ORS 163.160 (1).
 (E) Attempted assault in the fourth degree under ORS 163.160 (3).
 (F) Strangulation under ORS 163.187.
 (G) The statutory counterpart in another jurisdiction to a crime listed in this paragraph.
 (b) Evidence may be admitted into evidence for the purpose of attacking the credibility of a defendant under the provisions of this subsection only if the defendant is charged with committing one or more of the following crimes against a family or household member, as defined in ORS 135.230:
 (A) Aggravated murder under ORS 163.095.
 (B) Murder under ORS 163.115.
 (C) Manslaughter in the first degree under ORS 163.118.
 (D) Manslaughter in the second degree under ORS 163.125.
 (E) Assault in the first degree under ORS 163.185.
 (F) Assault in the second degree under ORS 163.175.
 (G) Assault in the third degree under ORS 163.165.
 (H) Assault in the fourth degree under ORS 163.160.
 (I) Rape in the first degree under ORS 163.375 (1)(a).
 (J) Sodomy in the first degree under ORS 163.405 (1)(a).
 (K) Unlawful sexual penetration in the first degree under ORS 163.411 (1)(a).
 (L) Sexual abuse in the first degree under ORS 163.427 (1)(a)(B).
 (M) Kidnapping in the first degree under ORS 163.235.
 (N) Kidnapping in the second degree under ORS 163.225.
 (O) Burglary in the first degree under ORS 164.225.
 (P) Coercion under ORS 163.275.
 (Q) Stalking under ORS 163.732.
 (R) Violating a court’s stalking protective order under ORS 163.750.
 (S) Menacing under ORS 163.190.
 (T) Harassment under ORS 166.065.
 (U) Strangulation under ORS 163.187.
 (V) Attempting to commit a crime listed in this paragraph.
 (3) Evidence of a conviction under this section is not admissible if:
 (a) A period of more than 15 years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date; or
 (b) The conviction has been expunged by pardon, reversed, set aside or otherwise rendered nugatory.
 (4) When the credibility of a witness is attacked by evidence that the witness has been convicted of a crime, the witness shall be allowed to explain briefly the circumstances of the crime or former conviction; once the witness explains the circumstances, the opposing side shall have the opportunity to rebut the explanation.
 (5) The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.
 (6) An adjudication by a juvenile court that a child is within its jurisdiction is not a conviction of a crime.
 (7) A conviction of any of the statutory counterparts of offenses designated as violations as described in ORS 153.008 may not be used to impeach the character of a witness in any criminal or civil action or proceeding. [1981 c.892 §53; 1987 c.2 §9; subsection (6) of 1993 Edition enacted as 1993 c.379 §4; 1999 c.1051 §121; 2001 c.714 §1; 2003 c.577 §3; 2009 c.56 §1]
 Note: 40.355 (7) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 40 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 40.360 - Rule 609-1. Impeachment for bias or interest.
 (2) If a witness fully admits the facts claimed to show the bias or interest of the witness, additional evidence of that bias or interest shall not be admitted. If the witness denies or does not fully admit the facts claimed to show bias or interest, the party attacking the credibility of the witness may then offer evidence to prove those facts.
 (3) Evidence to support or rehabilitate a witness whose credibility has been attacked by evidence of bias or interest shall be limited to evidence showing a lack of bias or interest. [1981 c.892 §54; 1999 c.100 §1]
 Section 40.365 - Rule 610. Religious beliefs or opinions.
 Section 40.370 - Rule 611. Mode and order of interrogation and presentation.
 (2) Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination.
 (3) Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness’ testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. [1981 c.892 §54b]
 Section 40.375 - Rule 612. Writing used to refresh memory.
 Section 40.380 - Rule 613. Prior statements of witnesses.
 (2) Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require. This provision does not apply to admissions of a party-opponent as defined in ORS 40.450. [1981 c.892 §55a; 1983 c.433 §2; 1983 c.740 §5]
 Section 40.385 - Rule 615. Exclusion of witnesses.
 (1) A party who is a natural person;
 (2) An officer or employee of a party which is not a natural person designated as its representative by its attorney;
 (3) A person whose presence is shown by a party to be essential to the presentation of the party’s cause; or
 (4) The victim in a criminal case. [1981 c.892 §56; 1987 c.2 §5; 2003 c.14 §20]
 Section 40.405 - Rule 701. Opinion testimony by lay witnesses.
 (1) Rationally based on the perception of the witness; and
 (2) Helpful to a clear understanding of testimony of the witness or the determination of a fact in issue. [1981 c.892 §57]
 Section 40.410 - Rule 702. Testimony by experts.
 Section 40.415 - Rule 703. Bases of opinion testimony by experts.
 Section 40.420 - Rule 704. Opinion on ultimate issue.
 Section 40.425 - Rule 705. Disclosure of fact or data underlying expert opinion.
 Section 40.430 - Rule 706. Impeachment of expert witness by learned treatise.
 Section 40.450 - Rule 801. Definitions for ORS 40.450 to 40.475.
 (1) A "statement" is:
 (a) An oral or written assertion; or
 (b) Nonverbal conduct of a person, if intended as an assertion.
 (2) A "declarant" is a person who makes a statement.
 (3) "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
 (4) A statement is not hearsay if:
 (a) The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
 (A) Inconsistent with the testimony of the witness and was given under oath subject to the penalty of perjury at a trial, hearing or other proceeding, or in a deposition;
 (B) Consistent with the testimony of the witness and is offered to rebut an inconsistent statement or an express or implied charge against the witness of recent fabrication or improper influence or motive; or
 (C) One of identification of a person made after perceiving the person.
 (b) The statement is offered against a party and is:
 (A) That party’s own statement, in either an individual or a representative capacity;
 (B) A statement of which the party has manifested the party’s adoption or belief in its truth;
 (C) A statement by a person authorized by the party to make a statement concerning the subject;
 (D) A statement by the party’s agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship; or
 (E) A statement by a coconspirator of a party during the course and in furtherance of the conspiracy.
 (c) The statement is made in a deposition taken in the same proceeding pursuant to ORCP 39 I. [1981 c.892 §62; 1987 c.275 §3]
 Section 40.455 - Rule 802. Hearsay rule.
 Section 40.460 - Rule 803. Hearsay exceptions; availability of declarant immaterial.
 (2) A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
 (3) A statement of the declarant’s then existing state of mind, emotion, sensation or physical condition, such as intent, plan, motive, design, mental feeling, pain or bodily health, but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of the declarant’s will.
 (4) Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment.
 (5) A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the memory of the witness and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party.
 (6) A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method of circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this subsection includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
 (7) Evidence that a matter is not included in the memoranda, reports, records, or data compilations, and in any form, kept in accordance with the provisions of subsection (6) of this section, to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.
 (8) Records, reports, statements or data compilations, in any form, of public offices or agencies, including federally recognized American Indian tribal governments, setting forth:
 (a) The activities of the office or agency;
 (b) Matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, in criminal cases, matters observed by police officers and other law enforcement personnel;
 (c) In civil actions and proceedings and against the government in criminal cases, factual findings, resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness; or
 (d) In civil actions and criminal proceedings, a sheriff’s return of service.
 (9) Records or data compilations, in any form, of births, fetal deaths, deaths or marriages, if the report thereof was made to a public office, including a federally recognized American Indian tribal government, pursuant to requirements of law.
 (10) To prove the absence of a record, report, statement or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement or data compilation, in any form, was regularly made and preserved by a public office or agency, including a federally recognized American Indian tribal government, evidence in the form of a certification in accordance with ORS 40.510, or testimony, that diligent search failed to disclose the record, report, statement or data compilation, or entry.
 (11) Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization.
 (12) A statement of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a member of the clergy, a public official, an official of a federally recognized American Indian tribal government or any other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter.
 (13) Statements of facts concerning personal or family history contained in family bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.
 (14) The record of a document purporting to establish or affect an interest in property, as proof of content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office, including a federally recognized American Indian tribal government, and an applicable statute authorizes the recording of documents of that kind in that office.
 (15) A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.
 (16) Statements in a document in existence 20 years or more the authenticity of which is established.
 (17) Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations.
 (18a)(a) A complaint of sexual misconduct, complaint of abuse as defined in ORS 107.705 or 419B.005, complaint of abuse of an elderly person, as those terms are defined in ORS 124.050, or a complaint relating to a violation of ORS 163.205 or 164.015 in which a person 65 years of age or older is the victim, made by the witness after the commission of the alleged misconduct or abuse at issue. Except as provided in paragraph (b) of this subsection, such evidence must be confined to the fact that the complaint was made.
 (b) A statement made by a person concerning an act of abuse as defined in ORS 107.705 or 419B.005, a statement made by a person concerning an act of abuse of an elderly person, as those terms are defined in ORS 124.050, or a statement made by a person concerning a violation of ORS 163.205 or 164.015 in which a person 65 years of age or older is the victim, is not excluded by ORS 40.455 if the declarant either testifies at the proceeding and is subject to cross-examination, or is unavailable as a witness but was chronologically or mentally under 12 years of age when the statement was made or was 65 years of age or older when the statement was made. However, if a declarant is unavailable, the statement may be admitted in evidence only if the proponent establishes that the time, content and circumstances of the statement provide indicia of reliability, and in a criminal trial that there is corroborative evidence of the act of abuse and of the alleged perpetrator’s opportunity to participate in the conduct and that the statement possesses indicia of reliability as is constitutionally required to be admitted. No statement may be admitted under this paragraph unless the proponent of the statement makes known to the adverse party the proponent’s intention to offer the statement and the particulars of the statement no later than 15 days before trial, except for good cause shown. For purposes of this paragraph, in addition to those situations described in ORS 40.465 (1), the declarant shall be considered "unavailable" if the declarant has a substantial lack of memory of the subject matter of the statement, is presently incompetent to testify, is unable to communicate about the abuse or sexual conduct because of fear or other similar reason or is substantially likely, as established by expert testimony, to suffer lasting severe emotional trauma from testifying. Unless otherwise agreed by the parties, the court shall examine the declarant in chambers and on the record or outside the presence of the jury and on the record. The examination shall be conducted immediately prior to the commencement of the trial in the presence of the attorney and the legal guardian or other suitable person as designated by the court. If the declarant is found to be unavailable, the court shall then determine the admissibility of the evidence. The determinations shall be appealable under ORS 138.045 (1)(d). The purpose of the examination shall be to aid the court in making its findings regarding the availability of the declarant as a witness and the reliability of the statement of the declarant. In determining whether a statement possesses indicia of reliability under this paragraph, the court may consider, but is not limited to, the following factors:
 (A) The personal knowledge of the declarant of the event;
 (B) The age and maturity of the declarant or extent of disability if the declarant is a person with a developmental disability;
 (C) Certainty that the statement was made, including the credibility of the person testifying about the statement and any motive the person may have to falsify or distort the statement;
 (D) Any apparent motive the declarant may have to falsify or distort the event, including bias, corruption or coercion;
 (E) The timing of the statement of the declarant;
 (F) Whether more than one person heard the statement;
 (G) Whether the declarant was suffering pain or distress when making the statement;
 (H) Whether the declarant’s young age or disability makes it unlikely that the declarant fabricated a statement that represents a graphic, detailed account beyond the knowledge and experience of the declarant;
 (I) Whether the statement has internal consistency or coherence and uses terminology appropriate to the declarant’s age or to the extent of the declarant’s disability if the declarant is a person with a developmental disability;
 (J) Whether the statement is spontaneous or directly responsive to questions; and
 (K) Whether the statement was elicited by leading questions.
 (c) This subsection applies to all civil, criminal and juvenile proceedings.
 (d) This subsection applies to a child declarant, a declarant who is an elderly person as defined in ORS 124.050 or an adult declarant with a developmental disability. For the purposes of this subsection, "developmental disability" means any disability attributable to mental retardation, autism, cerebral palsy, epilepsy or other disabling neurological condition that requires training or support similar to that required by persons with mental retardation, if either of the following apply:
 (A) The disability originates before the person attains 22 years of age, or if the disability is attributable to mental retardation the condition is manifested before the person attains 18 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society.
 (B) The disability results in a significant subaverage general intellectual functioning with concurrent deficits in adaptive behavior that are manifested during the developmental period.
 (19) Reputation among members of a person’s family by blood, adoption or marriage, or among a person’s associates, or in the community, concerning a person’s birth, adoption, marriage, divorce, death, legitimacy, relationship by blood or adoption or marriage, ancestry, or other similar fact of a person’s personal or family history.
 (20) Reputation in a community, arising before the controversy, as to boundaries of or customs affecting lands in the community, and reputation as to events of general history important to the community or state or nation in which located.
 (21) Reputation of a person’s character among associates of the person or in the community.
 (22) Evidence of a final judgment, entered after a trial or upon a plea of guilty, but not upon a plea of no contest, adjudging a person guilty of a crime other than a traffic offense, to prove any fact essential to sustain the judgment, but not including, when offered by the government in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect admissibility.
 (23) Judgments as proof of matters of personal, family or general history, or boundaries, essential to the judgment, if the same would be provable by evidence of reputation.
 (24) Notwithstanding the limits contained in subsection (18a) of this section, in any proceeding in which a child under 12 years of age at the time of trial, or a person with a developmental disability as described in subsection (18a)(d) of this section, may be called as a witness to testify concerning an act of abuse, as defined in ORS 419B.005, or sexual conduct performed with or on the child or person with a developmental disability by another, the testimony of the child or person with a developmental disability taken by contemporaneous examination and cross-examination in another place under the supervision of the trial judge and communicated to the courtroom by closed-circuit television or other audiovisual means. Testimony will be allowed as provided in this subsection only if the court finds that there is a substantial likelihood, established by expert testimony, that the child or person with a developmental disability will suffer severe emotional or psychological harm if required to testify in open court. If the court makes such a finding, the court, on motion of a party, the child, the person with a developmental disability or the court in a civil proceeding, or on motion of the district attorney, the child or the person with a developmental disability in a criminal or juvenile proceeding, may order that the testimony of the child or the person with a developmental disability be taken as described in this subsection. Only the judge, the attorneys for the parties, the parties, individuals necessary to operate the equipment and any individual the court finds would contribute to the welfare and well-being of the child or person with a developmental disability may be present during the testimony of the child or person with a developmental disability.
 (25)(a) Any document containing data prepared or recorded by the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E), or pursuant to ORS 475.235 (4), if the document is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police, and the person retrieving the data attests that the information was retrieved directly from the system and that the document accurately reflects the data retrieved.
 (b) Any document containing data prepared or recorded by the Oregon State Police that is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police and that is electronically transmitted through public or private computer networks under an electronic signature adopted by the Oregon State Police if the person receiving the data attests that the document accurately reflects the data received.
 (c) Notwithstanding any statute or rule to the contrary, in any criminal case in which documents are introduced under the provisions of this subsection, the defendant may subpoena the analyst, as defined in ORS 475.235 (6), or other person that generated or keeps the original document for the purpose of testifying at the preliminary hearing and trial of the issue. Except as provided in ORS 44.550 to 44.566, no charge shall be made to the defendant for the appearance of the analyst or other person.
 (26)(a) A statement that purports to narrate, describe, report or explain an incident of domestic violence, as defined in ORS 135.230, made by a victim of the domestic violence within 24 hours after the incident occurred, if the statement:
 (A) Was recorded, either electronically or in writing, or was made to a peace officer as defined in ORS 161.015, corrections officer, youth correction officer, parole and probation officer, emergency medical services provider or firefighter; and
 (B) Has sufficient indicia of reliability.
 (b) In determining whether a statement has sufficient indicia of reliability under paragraph (a) of this subsection, the court shall consider all circumstances surrounding the statement. The court may consider, but is not limited to, the following factors in determining whether a statement has sufficient indicia of reliability:
 (A) The personal knowledge of the declarant.
 (B) Whether the statement is corroborated by evidence other than statements that are subject to admission only pursuant to this subsection.
 (C) The timing of the statement.
 (D) Whether the statement was elicited by leading questions.
 (E) Subsequent statements made by the declarant. Recantation by a declarant is not sufficient reason for denying admission of a statement under this subsection in the absence of other factors indicating unreliability.
 (27) A report prepared by a forensic scientist that contains the results of a presumptive test conducted by the forensic scientist as described in ORS 475.235, if the forensic scientist attests that the report accurately reflects the results of the presumptive test.
 (28)(a) A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that:
 (A) The statement is relevant;
 (B) The statement is more probative on the point for which it is offered than any other evidence that the proponent can procure through reasonable efforts; and
 (C) The general purposes of the Oregon Evidence Code and the interests of justice will best be served by admission of the statement into evidence.
 (b) A statement may not be admitted under this subsection unless the proponent of it makes known to the adverse party the intention to offer the statement and the particulars of it, including the name and address of the declarant, sufficiently in advance of the trial or hearing, or as soon as practicable after it becomes apparent that such statement is probative of the issues at hand, to provide the adverse party with a fair opportunity to prepare to meet it. [1981 c.892 §64; 1989 c.300 §1; 1989 c.881 §1; 1991 c.391 §1; 1995 c.200 §1; 1995 c.476 §1; 1995 c.804 §2; 1999 c.59 §13; 1999 c.674 §1; 1999 c.945 §1; 2001 c.104 §11; 2001 c.533 §1; 2001 c.870 §5; 2003 c.538 §2; 2005 c.118 §3; 2007 c.63 §2; 2007 c.70 §12; 2007 c.636 §3; 2009 c.610 §9; 2011 c.661 §14; 2011 c.703 §21; 2017 c.529 §21]
 Section 40.465 - Rule 804. Hearsay exceptions when the declarant is unavailable.
 (a) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of a statement;
 (b) Persists in refusing to testify concerning the subject matter of a statement despite an order of the court to do so;
 (c) Testifies to a lack of memory of the subject matter of a statement;
 (d) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or
 (e) Is absent from the hearing and the proponent of the declarant’s statement has been unable to procure the declarant’s attendance (or in the case of an exception under subsection (3)(b), (c) or (d) of this section, the declarant’s attendance or testimony) by process or other reasonable means.
 (2) A declarant is not unavailable as a witness if the declarant’s exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of the declarant’s statement for the purpose of preventing the witness from attending or testifying.
 (3) The following are not excluded by ORS 40.455 if the declarant is unavailable as a witness:
 (a) Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.
 (b) A statement made by a declarant while believing that death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death.
 (c) A statement which was at the time of its making so far contrary to the declarant’s pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant’s position would not have made the statement unless the person believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.
 (d)(A) A statement concerning the declarant’s own birth, adoption, marriage, divorce, legitimacy, relationship by blood or adoption or marriage, ancestry, or other similar fact of personal or family history, even though the declarant had no means of acquiring personal knowledge of the matter stated; or
 (B) A statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other’s family as to be likely to have accurate information concerning the matter declared.
 (e) A statement made at or near the time of the transaction by a person in a position to know the facts stated therein, acting in the person’s professional capacity and in the ordinary course of professional conduct.
 (f) A statement offered against a party who intentionally or knowingly engaged in criminal conduct that directly caused the death of the declarant, or directly caused the declarant to become unavailable as a witness because of incapacity or incompetence.
 (g) A statement offered against a party who engaged in, directed or otherwise participated in wrongful conduct that was intended to cause the declarant to be unavailable as a witness, and did cause the declarant to be unavailable.
 (h) A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of the Oregon Evidence Code and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this paragraph unless the proponent of it makes known to the adverse party the intention to offer the statement and the particulars of it, including the name and address of the declarant, sufficiently in advance of the trial or hearing, or as soon as practicable after it becomes apparent that the statement is probative of the issues at hand, to provide the adverse party with a fair opportunity to prepare to meet it. [1981 c.892 §65; 2005 c.458 §1]
 Section 40.470 - Rule 805. Hearsay within hearsay.
 Section 40.475 - Rule 806. Attacking and supporting credibility of declarant.
 Section 40.505 - Rule 901. Requirement of authentication or identification.
 (2) By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of subsection (1) of this section:
 (a) Testimony by a witness with knowledge that a matter is what it is claimed to be.
 (b) Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.
 (c) Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.
 (d) Appearance, contents, substance, internal patterns or other distinctive characteristics, taken in conjunction with circumstances.
 (e) Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.
 (f) Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if:
 (A) In the case of a person, circumstances, including self-identification, show the person answering to be the one called; or
 (B) In the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.
 (g) Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.
 (h) Evidence that a document or data compilation, in any form:
 (A) Is in such condition as to create no suspicion concerning its authenticity;
 (B) Was in a place where it, if authentic, would likely be; and
 (C) Has been in existence 20 years or more at the time it is offered.
 (i) Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.
 (j) Any method of authentication or identification otherwise provided by law or by other rules prescribed by the Supreme Court. [1981 c.892 §68]
 Section 40.510 - Rule 902. Self-authentication.
 (a) A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.
 (b) A document purporting to bear the signature, in an official capacity, of an officer or employee of any entity included in subsection (1)(a) of this section, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.
 (c) A document purporting to be:
 (A) Executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation; and
 (B) Accompanied by a final certification as provided in subsection (3) of this section as to the genuineness of the signature and official position of:
 (i) The executing or attesting person; or
 (ii) Any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation.
 (d) A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with subsection (1)(a), (b) or (c) of this section or otherwise complying with any law or rule prescribed by the Supreme Court.
 (e) Books, pamphlets or other publications purporting to be issued by public authority.
 (f) Printed materials purporting to be newspapers or periodicals.
 (g) Inscriptions, signs, tags or labels purporting to have been affixed in the course of business and indicating ownership, control or origin.
 (h) Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.
 (i) Commercial paper, signatures thereon and documents relating thereto to the extent provided by the Uniform Commercial Code or ORS chapter 83.
 (j) Any signature, documents or other matter declared by law to be presumptively or prima facie genuine or authentic.
 (k)(A) A document bearing a seal purporting to be that of a federally recognized Indian tribal government or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.
 (B) A document purporting to bear the signature, in an official capacity, of an officer or employee of any entity included in subparagraph (A) of this paragraph, having no seal, if a public officer having a seal and having official duties in the district or political subdivision or the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.
 (L)(A) Any document containing data prepared or recorded by the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E), or pursuant to ORS 475.235 (4), if the document is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police, and the person retrieving the data attests that the information was retrieved directly from the system and that the document accurately reflects the data retrieved.
 (B) Any document containing data prepared or recorded by the Oregon State Police that is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police and that is electronically transmitted through public or private computer networks under an electronic signature adopted by the Oregon State Police if the person receiving the data attests that the document accurately reflects the data received.
 (m) A report prepared by a forensic scientist that contains the results of a presumptive test conducted by the forensic scientist as described in ORS 475.235, if the forensic scientist attests that the report accurately reflects the results of the presumptive test.
 (2) For the purposes of this section, "signature" includes any symbol executed or adopted by a party with present intention to authenticate a writing.
 (3) A final certification for purposes of subsection (1)(c) of this section may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification. [1981 c.892 §69; 1995 c.200 §2; 1999 c.674 §2; 2001 c.104 §12; 2003 c.14 §21; 2003 c.538 §3; 2005 c.22 §31; 2005 c.118 §4; 2007 c.636 §4; 2009 c.610 §10]
 Section 40.515 - Rule 903. Subscribing witness’ testimony unnecessary.
 Section 40.550 - Rule 1001. Definitions for ORS 40.550 to 40.585.
 (1) "Duplicate" means a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, by mechanical or electronic re-recording, by chemical reproduction, by optical imaging or by other equivalent techniques that accurately reproduce the original, including reproduction by facsimile machines if the reproduction is identified as a facsimile and printed on nonthermal paper.
 (2) "Original" of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original."
 (3) "Photographs" includes still photographs, X-ray films, video tapes and motion pictures.
 (4) "Writings" and "recordings" mean letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, optical imaging, mechanical or electronic recording or other form of data compilation. [1981 c.892 §71; 1991 c.857 §1; 1995 c.760 §1]
 Section 40.555 - Rule 1002. Requirement of original.
 Section 40.560 - Rule 1003. Admissibility of duplicates.
 (1) A genuine question is raised as to the authenticity of the original; or
 (2) In the circumstances it would be unfair to admit the duplicate in lieu of the original. [1981 c.892 §73]
 Section 40.562 - Rule 1003-1. Admissibility of reproduction.
 (2) If any department or agency of government, in the regular course of business or activity, has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business, and in accordance with ORS 192.040 to 192.060 and 192.105, has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, optical imaging or other process that accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity and the principal or true owner has not authorized destruction or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original. [1995 c.760 §3]
 Section 40.565 - Rule 1004. Admissibility of other evidence of contents.
 (1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;
 (2) An original cannot be obtained by any available judicial process or procedure;
 (3) At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or
 (4) The writing, recording or photograph is not closely related to a controlling issue. [1981 c.892 §74]
 Section 40.570 - Rule 1005. Public records.
 Section 40.575 - Rule 1006. Summaries.
 Section 40.580 - Rule 1007. Testimony or written admission of party.
 Section 40.585 - Rule 1008. Functions of court and jury.
 (1) Whether the asserted writing ever existed;
 (2) Whether another writing, recording or photograph produced at the trial is the original; or
 (3) Whether the other evidence of contents correctly reflects the contents. [1981 c.892 §78]
 Chapter 041 - Evidence Generally
 Section 41.010 - Judicial evidence; proof.
 Section 41.110 - Satisfactory evidence.
 Section 41.270 - Proof of usage.
 (2) Evidence may be given of usage to explain the true character of an act, contract or instrument when such true character is not otherwise plain, but usage is never admissible except as a means of interpretation. [Amended by 1981 c.892 §86]
 Section 41.415 - Photograph of victim in prosecution for criminal homicide.
 Section 41.500 - "Secondary evidence" defined for ORS 41.500 to 41.580.
 Section 41.510 - Indispensable evidence.
 Section 41.520 - Evidence to prove a will.
 Section 41.530 - Evidence of representations as to third persons.
 Section 41.560 - Grant or assignment of trust.
 Section 41.570 - Contracts and communications made by telegraph.
 Section 41.580 - Statute of frauds.
 (a) An agreement that by its terms is not to be performed within a year from the making.
 (b) An agreement to answer for the debt, default or miscarriage of another.
 (c) An agreement by an executor or administrator to pay the debts of the testator or intestate out of the estate of the executor or administrator.
 (d) An agreement made upon consideration of marriage, other than a mutual promise to marry.
 (e) An agreement for the leasing for a longer period than one year, or for the sale of real property, or of any interest therein.
 (f) An agreement concerning real property made by an agent of the party sought to be charged unless the authority of the agent is in writing.
 (g) An agreement authorizing or employing an agent or broker to sell or purchase real estate for a compensation or commission; but if the note or memorandum of the agreement is in writing and subscribed by the party to be charged, or by the lawfully authorized agent of the party, and contains a description of the property sufficient for identification, and authorizes or employs the agent or broker to sell the property, and expresses with reasonable certainty the amount of the commission or compensation to be paid, the agreement shall not be void for failure to state a consideration.
 (h) An agreement, promise or commitment to lend money, to otherwise extend credit, to forbear with respect to the repayment of any debt payable in money, to modify or amend the terms under which the person has lent money or otherwise extended credit, to release any guarantor or cosigner or to make any other financial accommodation pertaining to an existing debt or other extension of credit. This paragraph does not apply:
 (A) If no party to the agreement, promise or commitment is a financial institution as defined in ORS 706.008, a consumer finance company licensed under ORS chapter 725 or a mortgage banker as defined in ORS 86A.100; or
 (B) To a loan of money or extension of credit to a natural person which is primarily for personal, family or household purposes and not for business or agricultural purposes or which is secured solely by residential property consisting of one to four dwelling units, one of which is the primary residence of the debtor.
 (2)(a) Except as provided in this subsection, defenses and exceptions created by provisions of the Oregon Revised Statutes or recognized by the courts of this state do not apply to subsection (1)(h) of this section.
 (b) An agreement, promise or commitment which does not satisfy the requirements of subsection (1)(h) of this section, but which is valid in other respects, is enforceable if the party against whom enforcement is sought admits in the party’s pleading, testimony or otherwise in court that the agreement, promise or commitment was made. The agreement is not enforceable under this paragraph beyond the dollar amount admitted.
 (c) Nothing in subsection (1)(h) of this section precludes a party from seeking to prove the modification of any term relating to the time of repayment.
 (3)(a) If a financial institution as defined in ORS 706.008, a consumer finance company licensed under ORS chapter 725 or a mortgage banker as defined in ORS 86A.100 lends money or extends credit, and subsection (1)(h) of this section applies to the loan or extension of credit, the financial institution, consumer finance company or mortgage banker shall, not later than the time the loan or extension of credit is initially made, include within the loan or credit document, or within a separate document which identifies the loan or extension of credit, a statement which is underlined or in at least 10-point bold type and which is substantially to the following effect:
 ______________________________________________________________________________
 Under Oregon law, most agreements, promises and commitments made by us concerning loans and other credit extensions which are not for personal, family or household purposes or secured solely by the borrower’s residence must be in writing, express consideration and be signed by us to be enforceable.
 ______________________________________________________________________________
 (b) The financial institution, consumer finance company or mortgage banker shall obtain the borrower’s signature on the original document described in paragraph (a) of this subsection and shall give the borrower a copy. [Amended by 1989 c.967 §§1,19; 1993 c.508 §39; 1997 c.631 §373; 2003 c.386 §1]
 Section 41.660 - Admissibility of objects cognizable by the senses.
 Section 41.675 - Inadmissibility of certain data provided to peer review body of health care providers and health care groups.
 (2) As used in subsection (3) of this section, "data" means all oral communications or written reports to a peer review body, and all notes or records created by or at the direction of a peer review body, including the communications, reports, notes or records created in the course of an investigation undertaken at the direction of a peer review body.
 (3) All data shall be privileged and shall not be admissible in evidence in any judicial, administrative, arbitration or mediation proceeding. This section shall not affect the admissibility in evidence of records dealing with a patient’s care and treatment, other than data or information obtained through service on, or as an agent for, a peer review body.
 (4) A person serving on or communicating information to any peer review body or person conducting an investigation described in subsection (1) of this section shall not be examined as to any communication to or from, or the findings of, that peer review body or person.
 (5) A person serving on or communicating information to any peer review body or person conducting an investigation described in subsection (1) of this section shall not be subject to an action for civil damages for affirmative actions taken or statements made in good faith.
 (6) Subsection (3) of this section shall not apply to proceedings in which a health care practitioner contests the denial, restriction or termination of clinical privileges by a health care facility or the denial, restriction or termination of membership in a professional society or any other health care group. However, any data disclosed in those proceedings shall not be admissible in any other judicial, administrative, arbitration or mediation proceeding. [1963 c.181 §1; 1971 c.412 §1; 1975 c.796 §11; 1977 c.448 §9; 1981 c.806 §1; 1991 c.225 §1; 1995 c.485 §1; 1997 c.791 §6; 1997 c.792 §§29,29a]
 Section 41.685 - Inadmissibility of certain data relating to emergency medical services system.
 (2) On request, an emergency medical service provider shall submit data not subject to ORS 676.175 to any committee or governing body of the county, counties or state as provided for by state or county administrative rule.
 (3) A person serving on or communicating information to any governing body or committee shall not be examined as to any communication to that body or committee or the findings thereof.
 (4) A person serving on or communicating information to any governing body or committee shall not be subject to an action for civil damages for affirmative actions taken or statements made in good faith.
 (5) As used in this section:
 (a) "Committee or governing body" means any committee or governing body that has authority to undertake an evaluation of an emergency medical services system as part of a quality assurance program and includes any committee of an emergency medical service provider undertaking a quality assurance program.
 (b) "Data" means all oral communications or written reports, notes or records provided to, or prepared by or for, a committee or governing body that are part of an evaluation of an emergency medical services system and includes any information submitted by any health care provider relating to training, supervision, performance evaluation or professional competency.
 (c) "Emergency medical service provider" means any public, private or volunteer entity providing prehospital functions and services that are required to prepare for and respond to medical emergencies including rescue, ambulance, treatment, communication and evaluation.
 (d) "Emergency medical services system" means those prehospital functions and services that are required to prepare for and respond to medical emergencies, including rescue, ambulance, treatment, communication and evaluation. [1989 c.1079 §1; 1997 c.791 §7; 1997 c.792 §30]
 Section 41.740 - Parol evidence rule.
 Section 41.815 - Evidence of compliance with or attempt to comply with ORCP 32 I; when admissible.
 Section 41.905 - Admissibility in subsequent civil action of procedures in traffic crimes.
 Section 41.910 - Certain intercepted communications inadmissible.
 (1) In violation of ORS 165.540 shall not be admissible in any court of this state, except as evidence of unlawful interception or when the evidence was created by the use of a video camera worn upon a law enforcement officer’s person and the officer either substantially complied with or attempted in good faith to comply with ORS 165.540 (5)(d)(B).
 (2) Under ORS 165.540 (2)(a) shall not be admissible in any court of this state unless:
 (a) The communication was intercepted by a public official in charge of and at a jail, police premises, sheriff’s office, Department of Corrections institution or other penal or correctional institution; and
 (b) The participant in the communication, against whom the evidence is being offered, had actual notice that the communication was being monitored or recorded. [1955 c.675 §6; 1959 c.681 §5; 1979 c.716 §12; 1983 c.824 §4; 1993 c.178 §1; 2001 c.385 §5; 2015 c.550 §3]
 Section 41.930 - Admissibility of copies of original records.
 Section 41.945 - Application of ORS 41.930 and ORCP 55 H.
 Section 41.950
 Section 41.960
 Section 41.970
 Chapter 042 - Execution, Formalities and Interpretation of Writings
 Section 42.010 - Private writings.
 Section 42.020 - Execution of a writing.
 Section 42.030 - Subscribing witness.
 Section 42.040 - Proof of attested writing other than a will.
 Section 42.110 - Seal defined.
 Section 42.115 - Effect of presence or absence of seal.
 Section 42.125 - Seal of state officer or state agency authorized.
 (2) As used in this section:
 (a) "Seal" has the meaning given that term in ORS 42.110.
 (b) "State agency" means every state officer, board, commission, department, institution, branch or agency of the state government, except:
 (A) The Legislative Assembly and the courts and their officers and committees; and
 (B) The Public Defense Services Commission.
 (c) "State officer" includes any appointed state official who is authorized by the Oregon Department of Administrative Services to have a seal and any elected state official, except members of the Legislative Assembly. [1982 s.s.1 c.14 §1; 2003 c.449 §23; 2005 c.22 §32]
 Section 42.210 - Effect of the place of execution.
 Section 42.220 - Consideration of circumstances.
 Section 42.230 - Office of judge in construing instruments.
 Section 42.240 - Intention of the parties; general and particular provisions and intents.
 Section 42.250 - Terms construed as generally accepted; evidence of other signification.
 Section 42.260 - Ambiguous terms.
 Section 42.270 - Written words control printed form.
 Section 42.280 - Deciphering characters and translating languages.
 Section 42.290 - Construction of notices.
 Section 42.300 - Parties to written instrument not to deny facts recited therein.
 Chapter 043 - Public Writings
 Section 43.130 - Judicial orders that are conclusive.
 (1) In case of a judgment, decree or order against a specific thing or in respect to the probate of a will or the administration of the estate of a deceased person or in respect to the personal, political, or legal condition or relation of a particular person, the judgment, decree or order is conclusive upon the title to the thing, the will or administration, or the condition or relation of the person.
 (2) In other cases, the judgment, decree or order is, in respect to the matter directly determined, conclusive between the parties, their representatives and their successors in interest by title subsequent to the commencement of the action, suit or proceeding, litigating for the same thing, under the same title and in the same capacity.
 Section 43.140 - Judicial orders that create a disputable presumption.
 Section 43.150 - When parties the same.
 Section 43.160 - What determined by former judgment.
 Section 43.170 - Effect on principal of judgment against surety.
 Section 43.180 - Effect of judicial record of other jurisdictions.
 (1) It can be enforced in this state only by an action, suit or proceeding; and
 (2) The authority of a guardian, conservator, committee, executor or administrator does not extend beyond the jurisdiction of the government under which the guardian, conservator, committee, executor or administrator is invested with authority. [Amended by 1973 c.823 §90; 2005 c.22 §33]
 Section 43.200 - Effect of judicial record of foreign admiralty court.
 Section 43.220 - Impeachment of judicial record.
 Section 43.380
 Section 43.450 - Official records and files of United States Army, Navy and Air Force.
 Chapter 044 - Witnesses
 Section 44.080 - Protection of witness from improper questions and excessive detention.
 Section 44.090 - Protection of witness from arrest.
 (2) But the officer is not liable in any way, unless the person claiming the exemption makes, if required, an affidavit stating:
 (a) That the person has been served with a subpoena to attend as a witness before a court, judge or other officer, specifying the same, the place of attendance and the action, suit or proceeding in which the subpoena was issued; and
 (b) That the person has not been served by the procurement of the person with the intention of avoiding an arrest.
 (3) The affidavit may be taken by the officer and exonerates the officer from liability for not making the arrest, or for discharging the witness when arrested.
 (4) The court, judge or officer before whom the attendance of the witness is required may discharge the witness from an arrest made in violation of this section.
 Section 44.150 - Service of subpoena if witness concealed.
 Section 44.240 - Production of witness confined in Department of Corrections institution.
 (2) The sheriff shall give the superintendent a signed receipt when taking custody of the witness under subsection (1) of this section. The sheriff shall be responsible for the custody of the witness until the sheriff returns the witness to the institution. Upon the return of the witness to the institution by the sheriff, the superintendent shall give a signed receipt therefor to the sheriff.
 (3) When a witness is delivered to a sheriff under subsection (1) of this section, or at any time while the witness is in the custody of the sheriff as provided in subsection (2) of this section, the superintendent may give the sheriff a list of persons who may communicate with the witness or with whom the witness may communicate. Except as otherwise required by law, upon receipt of the list and while the witness is in the custody of the sheriff, the sheriff shall permit communication only between the witness and those persons designated by the list.
 (4) The sheriff and neither the institution nor the Department of Corrections shall be liable for any expense incurred in connection with the witness while the witness is in the custody of the sheriff as provided in subsection (2) of this section. If the witness is a party plaintiff, the sheriff shall recover costs of the care of the witness from the plaintiff, and shall have a lien upon any judgment for the plaintiff. In all other cases, the sheriff and not the witness shall be entitled to the witness fees and mileage to which the witness would otherwise be entitled under ORS 44.415 (2), or other applicable law. [1955 c.523 §1; 1969 c.502 §2; 1973 c.836 §327; 1987 c.320 §13; 1987 c.606 §6; 1989 c.980 §3a]
 Section 44.320 - Authority to take testimony and administer oath or affirmation.
 Section 44.370 - Witness presumed to speak truth; jury judges of credibility.
 Section 44.415 - Fees and mileage of witnesses.
 (2) In any criminal proceeding, any proceeding prosecuted by a public body or any proceeding where a public body is a party, a person is entitled to receive $5 for each day’s attendance as a witness and mileage reimbursement at the rate of eight cents a mile if the person is required to travel from a place within or outside this state in order to perform duties as a witness. Total mileage reimbursement shall not exceed the necessary cost of transportation on reasonably available common carriers.
 (3) As used in this section, "public body" means any state, city, county, school district, other political subdivision, municipal corporation, public corporation and any instrumentality thereof. [1989 c.980 §2]
 Section 44.510 - Definitions for ORS 44.510 to 44.540.
 (1) "Information" has its ordinary meaning and includes, but is not limited to, any written, oral, pictorial or electronically recorded news or other data.
 (2) "Medium of communication" has its ordinary meaning and includes, but is not limited to, any newspaper, magazine or other periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system. Any information which is a portion of a governmental utterance made by an official or employee of government within the scope of the official’s or employee’s governmental function, or any political publication subject to ORS 260.532, is not included within the meaning of "medium of communication."
 (3) "Processing" has its ordinary meaning and includes, but is not limited to, the compiling, storing and editing of information.
 (4) "Published information" means any information disseminated to the public.
 (5) "Unpublished information" means any information not disseminated to the public, whether or not related information has been disseminated. "Unpublished information" includes, but is not limited to, all notes, outtakes, photographs, tapes or other data of whatever sort not themselves disseminated to the public through a medium of communication, whether or not published information based upon or related to such material has been disseminated. [1973 c.22 §2; 1979 c.190 §398; 2001 c.965 §18; 2005 c.797 §50]
 Section 44.520 - Limitation on compellable testimony from media persons; search of media persons’ papers, effects or work premises prohibited; exception.
 (a) The source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public; or
 (b) Any unpublished information obtained or prepared by the person in the course of gathering, receiving or processing information for any medium of communication to the public.
 (2) No papers, effects or work premises of a person connected with, employed by or engaged in any medium of communication to the public shall be subject to a search by a legislative, executive or judicial officer or body, or any other authority having power to compel the production of evidence, by search warrant or otherwise. The provisions of this subsection, however, shall not apply where probable cause exists to believe that the person has committed, is committing or is about to commit a crime. [1973 c.22 §3; 1979 c.820 §1]
 Section 44.530 - Application of ORS 44.520.
 (2) ORS 44.520 continues to apply in relation to any of the information, or source thereof, or any related information, even in the event of subsequent termination of a person’s connection with, employment by or engagement in any medium of communication to the public.
 (3) The provisions of ORS 44.520 (1) do not apply with respect to the content or source of allegedly defamatory information, in civil action for defamation wherein the defendant asserts a defense based on the content or source of such information. [1973 c.22 §§4,5; 1979 c.820 §2]
 Section 44.540 - Effect of informant as witness.
 Section 44.545 - Expediting proceedings.
 (2) The provisions of subsection (1) of this section do not apply to any juvenile proceeding other than the termination of parental rights. [1991 c.387 §1]
 Note: 44.545 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 44 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 44.547 - Notice to court; accommodations.
 (a) Break periods during the proceedings for the benefit of the witness.
 (b) Designation of a waiting area appropriate to the special needs of the witness.
 (c) Conducting proceedings in clothing other than judicial robes.
 (d) Relaxing the formalities of the proceedings.
 (e) Adjusting the layout of the courtroom for the comfort of the witness.
 (f) Conducting the proceedings outside of the normal courtroom.
 (2) For the purposes of this section, "developmental disability" means a disability attributable to mental retardation, autism, cerebral palsy, epilepsy or other disabling neurological condition that requires training or support similar to that required by persons with mental retardation, if either of the following apply:
 (a) The disability originates before the person attains 22 years of age, or if the disability is attributable to mental retardation the condition is manifested before the person attains 18 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society.
 (b) The disability results in a significant subaverage general intellectual functioning with concurrent deficits in adaptive behavior that are manifested during the developmental period. [1995 c.804 §1]
 Note: 44.547 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 44 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 44.550 - Definitions for ORS 44.550 to 44.566.
 (1) "Civil case" means any proceeding other than a criminal prosecution.
 (2) "Law enforcement unit" means:
 (a) The police department of a city;
 (b) The sheriff’s department or other police organization of a county; or
 (c) A police department established by a university under ORS 352.121 or 353.125.
 (3) "Police officer" means an officer or member of a law enforcement unit who is employed full-time as a peace officer by the city or county and who is responsible for enforcing the criminal laws of this state.
 (4) "Tribunal" means any person or body before which attendance of witnesses may be required by subpoena, including an arbitrator in arbitration proceedings. [1991 c.550 §1; 2011 c.506 §3; 2013 c.180 §4]
 Note: 44.550 to 44.566 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 44 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 44.552 - Method of subpoenaing law enforcement personnel; subpoena to reflect whether expert opinion to be asked.
 (2)(a) A person causing a subpoena to be issued to compel the attendance of a police officer or an employee of the Department of State Police before a tribunal shall indicate on the face of the subpoena whether the person or the person’s representative intends to ask the expert opinion of the officer or employee as to any aspect of the proceedings.
 (b) A police officer or an employee of the Department of State Police may not be required by a tribunal to give the officer’s or employee’s expert opinion on any matter before the tribunal unless the subpoena compelling the officer’s or employee’s presence indicates that the officer’s or employee’s expert opinion will be asked. [1991 c.550 §2; 2011 c.547 §22]
 Note: See note under 44.550.
 Section 44.554 - Payment of law enforcement personnel subpoenaed as expert witness; obligation of party to reimburse law enforcement agency; method of payment.
 (a) The salary or other compensation to which the officer or employee is normally entitled during the time that the officer or employee travels to and from the place where the court or other tribunal is located and while the officer or employee is required to remain at that place pursuant to the subpoena; and
 (b) The actual necessary and reasonable traveling expenses incurred in complying with the subpoena.
 (2)(a) The party at whose request a subpoena is issued pursuant to ORS 44.552 (2) compelling the attendance of a police officer or employee of the Department of State Police as an expert witness shall reimburse the law enforcement unit by which the officer is employed or the Department of State Police, respectively, for the full cost to the law enforcement unit or the department incurred in reimbursing the officer or employee as provided in subsection (1) of this section for each day that the officer or employee is required to remain in attendance pursuant to the subpoena.
 (b) The amount of $160 must be tendered with any subpoena issued under ORS 44.552 (2) to compel the attendance of a police officer or an employee of the Department of State Police as an expert witness for each day that the officer or employee is required to remain in attendance pursuant to the subpoena.
 (c) Notwithstanding paragraph (b) of this subsection, if the person causing the issuance of a subpoena requiring the expert opinion of a police officer or an employee of the Department of State Police makes arrangements with the officer or the employee and with the tribunal prior to the issuance of the subpoena to take the testimony of the officer or employee by telephone, and testimony by telephone is otherwise allowed by the Oregon Rules of Civil Procedure, the amount of $80 shall be tendered with the subpoena for each day that the officer or employee is required to testify pursuant to the subpoena.
 (3) If the actual expenses are less than the amount tendered, the excess of the amount tendered shall be refunded.
 (4)(a) If the actual expenses are greater than the amount tendered, the difference shall be paid to the law enforcement unit by which the officer is employed or the Department of State Police, as appropriate, by the party at whose request the subpoena is issued.
 (b) Notwithstanding paragraph (a) of this subsection, additional amounts are not payable unless, within seven days after the final day on which the officer or employee appears in the proceedings, the law enforcement unit or the Department of State Police, respectively, mails a statement to the party or to the party’s attorney reflecting the additional amounts due.
 (5) If a court or tribunal continues a proceeding on its own motion, no additional expert witness fee may be required prior to the issuance of a subpoena or the making of an order directing the officer or employee to appear on the date to which the proceeding is continued. [1991 c.550 §3; 2011 c.547 §23]
 Note: See note under 44.550.
 Section 44.556 - Prepayment of expenses in certain cases required.
 Note: See note under 44.550.
 Section 44.558 - Payment for additional attendance beyond first day required in advance.
 Note: See note under 44.550.
 Section 44.560 - Application to subpoenas for depositions.
 Note: See note under 44.550.
 Section 44.562 - Party and law enforcement personnel may agree to modify time of appearance.
 Note: See note under 44.550.
 Section 44.564 - Right of action to recover payment due.
 Note: See note under 44.550.
 Section 44.566 - Provisions not applicable if public body a party.
 Note: See note under 44.550.
 Chapter 045 - Testimony Generally
 Section 45.010 - Modes of testimony.
 (1) Affidavit.
 (2) Deposition.
 (3) Oral examination.
 (4) Remote location examination under ORS 45.400.
 (5) Examination before a grand jury by means of simultaneous television transmission under ORS 132.320.
 (6) Declaration under penalty of perjury, as described in ORCP 1 E, or unsworn declaration under ORS 194.800 to 194.835, if the declarant is physically outside the boundaries of the United States. [Amended by 1993 c.425 §2; 1995 c.126 §3; 2003 c.194 §2; 2013 c.218 §11; 2017 c.240 §2]
 Section 45.020 - Affidavit described.
 Section 45.040 - Oral examination described.
 Section 45.130 - Production of affiant or declarant for cross-examination.
 Section 45.132 - Definition for ORS 45.135, 45.138 and 45.142.
 Section 45.135 - Who may not report deposition in civil action.
 (a) A party in the action;
 (b) A person with a financial interest in the outcome of the action;
 (c) An attorney for a party in the action;
 (d) An attorney for a person with a financial interest in the outcome of the action;
 (e) An employee of a party in the action;
 (f) An employee of an attorney for a party in the action;
 (g) An employee of a person with a financial interest in the outcome of the action;
 (h) An employee of an attorney for a person with a financial interest in the outcome of the action; or
 (i) A person related, by affinity or consanguinity within the third degree, to a party in the action or to a person with a financial interest in the outcome of the action.
 (2) Any deposition recorded or reported by a person in violation of this section may not be introduced in evidence or used for any other purpose in a civil action. [1999 c.942 §1]
 Section 45.138 - Duties of person recording or reporting deposition.
 (2) Any person employed or otherwise engaged to record or report a deposition must provide equal services, and charge equal fee rates, to all parties and attorneys in the proceeding. A person employed or otherwise engaged to record or report a deposition must distribute copies of the record or report at the same time to all parties and attorneys who are entitled to receive a copy. In addition, a person employed or otherwise engaged to record or report a deposition must:
 (a) Disclose the fee rates of the person for services, transcripts and copies to the attorneys identified in the proceeding and to any party who is not represented by an attorney and who is identified in the proceeding; or
 (b) Provide a complete, individual accounting of all appearance fees, transcript fees and any other fees charged for services rendered in the proceeding. [1999 c.942 §2]
 Section 45.142 - Recording or reporting services provided under contract; required disclosures; objection to reporter.
 (a) A party in the action;
 (b) A person with a financial interest in the outcome of the action;
 (c) An attorney for a party in the action; or
 (d) An attorney for a person with a financial interest in the outcome of the action.
 (2) If the person recording or reporting a deposition has a contract to provide reporting services for depositions on a full-time or part-time basis for any of the persons specified in subsection (1) of this section, any party to the action may object to the person employed for the purpose of recording or reporting the deposition. Upon objection, the parties shall attempt to agree upon a different person who shall record or report the deposition. If the parties cannot reach agreement, any of the parties may move the court to appoint an independent person who shall record or report the deposition.
 (3) A party that objects to a person employed for the purpose of recording or reporting a deposition in the manner provided by this section is not subject to any penalty or sanction for making the objection and is not required to pay any fee of the person objected to.
 (4) This section does not apply to contracts for reporting services for a single deposition, case or incident.
 (5) This section does not apply to a person who records or reports depositions for a public body, as defined in ORS 30.260, or for a federal agency or any instrumentality of the federal government. [1999 c.942 §4]
 Section 45.180
 Section 45.250 - Use of deposition.
 (a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of a deponent as a witness.
 (b) The deposition of a party, or of anyone who at the time of taking the deposition was an officer, director or managing agent of a public or private corporation, partnership or association that is a party, may be used by an adverse party for any purpose.
 (2) At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party for any purpose, if the party was present or represented at the taking of the deposition or had due notice thereof, and if the court finds that:
 (a) The witness is dead;
 (b) The witness is unable to attend or testify because of age, sickness, infirmity or imprisonment;
 (c) The party offering the deposition has been unable to procure the attendance of the witness by subpoena;
 (d) Upon application and notice, such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used; or
 (e) The deposition was taken in the same proceeding pursuant to ORCP 39 I.
 (3) For the purpose of subsection (2)(c) of this section, the failure of a party to serve a witness at the time of deposition with a subpoena that requires the appearance of the witness at trial or other hearing does not constitute sufficient grounds to deny the use of the deposition of that witness at the trial or other hearing without further showing of a lack of diligence on the part of the party offering the deposition. [1955 c.611 §§8,9; 1979 c.284 §83; 1987 c.275 §1; 1989 c.980 §4; 2001 c.234 §1; 2007 c.71 §12]
 Section 45.260 - Introduction, or exclusion, of part of deposition.
 Section 45.270 - Use of deposition in same or other proceedings.
 Section 45.272 - Definitions for ORS 45.272 to 45.297.
 (1) "Adjudicatory proceeding" means:
 (a) Any contested case hearing conducted under ORS chapter 183; or
 (b) Any hearing conducted by an agency in which the individual legal rights, duties or privileges of specific parties are determined if that determination is subject to judicial review by a circuit court or by the Court of Appeals.
 (2) "Agency" has that meaning given in ORS 183.310.
 (3) "Critical stage of the proceeding" has the meaning given that term in ORS 147.500.
 (4) "Victim" has the meaning given that term in ORS 147.500. [1999 c.1041 §3; 2015 c.155 §1]
 Section 45.273 - Policy.
 (2) It is the intent of the Legislative Assembly in passing ORS 45.272 to 45.297 to provide a procedure for the qualification and use of court interpreters. Nothing in ORS 45.272 to 45.297 abridges the rights or obligations of parties under other laws or court rules. [1993 c.687 §1; 1999 c.1041 §1]
 Section 45.275 - Appointment of interpreter for non-English-speaking party, witness or victim; substitution; payment of costs.
 (A) To interpret the proceedings to a non-English-speaking party;
 (B) To interpret the testimony of a non-English-speaking party or witness; or
 (C) To assist the court, agency or hearing officer in performing the duties and responsibilities of the court, agency or hearing officer.
 (b) The court shall appoint a qualified interpreter in a criminal proceeding whenever it is necessary to interpret the proceedings to a non-English-speaking victim who seeks to exercise in open court a right that is granted by Article I, section 42 or 43, of the Oregon Constitution, including the right to be present at a critical stage of the proceeding.
 (2) A fee may not be charged to any person for the appointment of an interpreter to interpret testimony of a non-English-speaking party or witness, to interpret the proceedings to a non-English-speaking party or victim or to assist the court, agency or hearing officer in performing the duties and responsibilities of the court, agency or hearing officer. A fee may not be charged to any person for the appointment of an interpreter if appointment is made to determine whether the person is non-English-speaking for the purposes of this section.
 (3) Fair compensation for the services of an interpreter appointed under this section shall be paid:
 (a) By the county, subject to the approval of the terms of the contract by the governing body of the county, in a proceeding in a county or justice court.
 (b) By the city, subject to the approval of the terms of the contract by the governing body of the city, in a proceeding in a municipal court.
 (c) By the state in a proceeding in a circuit court. Amounts payable by the state are not payable from the Public Defense Services Account established by ORS 151.225 or from moneys appropriated to the Public Defense Services Commission. Fees of an interpreter necessary for the purpose of communication between appointed counsel and a client or witness in a criminal case are payable from the Public Defense Services Account or from moneys appropriated to the Public Defense Services Commission.
 (d) By the agency in an adjudicatory proceeding.
 (4) If a party, victim or witness is dissatisfied with the interpreter appointed by the court, the hearing officer or the designee of the hearing officer, the party, victim or witness may request the appointment of a different interpreter. A request under this subsection must be made in a manner consistent with the policies and notice requirements of the court or agency relating to the appointment and scheduling of interpreters. If the substitution of another interpreter will delay the proceeding, the person making the request must show good cause for the substitution. Any party may object to use of any interpreter for good cause. Unless the court, hearing officer or the designee of the hearing officer has appointed a different interpreter for cause, the party using any interpreter other than the interpreter originally appointed by the court, hearing officer or the designee of the hearing officer shall bear any additional costs beyond the amount required to pay the original interpreter.
 (5) A judge or hearing officer, on the judge’s or hearing officer’s own motion, may substitute a different interpreter for the interpreter initially appointed in a proceeding. A judge or hearing officer may make a substitution under this subsection at any time and for any reason.
 (6) A court may allow as costs reasonable expenses incurred by a party in employing the services of an interpreter in civil proceedings in the manner provided by ORCP 68.
 (7) A court, a hearing officer or the designee of a hearing officer shall require any person serving as an interpreter for the court or agency to state the person’s name on the record and whether the person is certified under ORS 45.291. If the person is certified under ORS 45.291, the interpreter need not make the oath or affirmation required by ORS 40.325 or submit the interpreter’s qualifications on the record. If the person is not certified under ORS 45.291, the interpreter must make the oath or affirmation required by ORS 40.325 and submit the interpreter’s qualifications on the record.
 (8) For the purposes of this section:
 (a) "Hearing officer" includes an administrative law judge.
 (b) "Non-English-speaking person" means a person who, by reason of place of birth or culture, speaks a language other than English and does not speak English with adequate ability to communicate effectively in the proceedings.
 (c) "Qualified interpreter" means a person who is readily able to communicate with the non-English-speaking person and who can orally transfer the meaning of statements to and from English and the language spoken by the non-English-speaking person. A qualified interpreter must be able to interpret in a manner that conserves the meaning, tone, level, style and register of the original statement, without additions or omissions. "Qualified interpreter" does not include any person who is unable to interpret the dialect, slang or specialized vocabulary used by the party, victim or witness. [1991 c.750 §2; 1993 c.687 §8; 1995 c.273 §16; 1997 c.872 §18; 1999 c.1041 §4; 2001 c.242 §1; 2001 c.962 §§65,66; 2003 c.75 §§77,78; 2005 c.385 §2; 2012 c.107 §39; 2015 c.155 §2]
 Section 45.285 - Appointment of interpreter for party, witness or victim with disability; provision of assistive communication device.
 (a) "Assistive communication device" means any equipment designed to facilitate communication by a person with a disability.
 (b) "Hearing officer" includes an administrative law judge.
 (c) "Person with a disability" means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or cannot communicate in the proceedings because of a physical speaking impairment.
 (d) "Qualified interpreter" means a person who is readily able to communicate with the person with a disability, interpret the proceedings and accurately repeat and interpret the statements of the person with a disability to the court.
 (2) In any civil action, adjudicatory proceeding or criminal proceeding, including a court-ordered deposition if no other person is responsible for providing an interpreter, in which a person with a disability is a party or witness, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter and make available appropriate assistive communication devices whenever it is necessary to interpret the proceedings to the person with a disability, or to interpret the testimony of the person with a disability.
 (3) In any criminal proceeding, the court shall appoint a qualified interpreter and make available appropriate assistive communication devices whenever it is necessary to interpret the proceedings to a victim who is a person with a disability and who seeks to exercise in open court a right that is granted by Article I, section 42 or 43, of the Oregon Constitution, including the right to be present at a critical stage of the proceeding.
 (4) A fee may not be charged to the person with a disability for the appointment of an interpreter or use of an assistive communication device under this section. A fee may not be charged to any person for the appointment of an interpreter or the use of an assistive communication device if appointment or use is made to determine whether the person is a person with a disability for the purposes of this section.
 (5) Fair compensation for the services of an interpreter or the cost of an assistive communication device under this section shall be paid:
 (a) By the county, subject to the approval of the terms of the contract by the governing body of the county, in a proceeding in a county or justice court.
 (b) By the city, subject to the approval of the terms of the contract by the governing body of the city, in a proceeding in a municipal court.
 (c) By the state in a proceeding in a circuit court. Amounts payable by the state are not payable from the Public Defense Services Account established by ORS 151.225 or from moneys appropriated to the Public Defense Services Commission. Fees of an interpreter necessary for the purpose of communication between appointed counsel and a client or witness in a criminal case are payable from the Public Defense Services Account or from moneys appropriated to the Public Defense Services Commission.
 (d) By the agency in an adjudicatory proceeding. [1991 c.750 §1; 1993 c.687 §6; 1999 c.1041 §5; 2001 c.962 §§67,68; 2003 c.75 §§79,80; 2007 c.70 §13; 2012 c.107 §40; 2015 c.155 §3]
 Section 45.288 - Appointment of certified interpreter required; exceptions; disqualifications; code of professional responsibility.
 (a) "Hearing officer" includes an administrative law judge.
 (b) "Non-English-speaking person" has the meaning given that term in ORS 45.275.
 (c) "Person with a disability" has the meaning given that term in ORS 45.285.
 (d) "Qualified interpreter" means a person who meets the requirements of ORS 45.285 for an interpreter for a person with a disability, or a person who meets the requirements of ORS 45.275 for an interpreter for a non-English-speaking person.
 (2) Except as provided by this section, whenever a court is required to appoint an interpreter for any person in a proceeding before the court, or whenever a hearing officer is required to appoint an interpreter in an adjudicatory proceeding, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter who has been certified under ORS 45.291. If no certified interpreter is available, able or willing to serve, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter. Upon request of a party, victim or witness, the court, hearing officer or designee of the hearing officer, in the discretion of the court, hearing officer or the designee of the hearing officer, may appoint a qualified interpreter to act as an interpreter in lieu of a certified interpreter in any case or adjudicatory proceeding.
 (3) The requirements of this section apply to appointments of interpreters for persons with disabilities and for non-English-speaking persons.
 (4) The court, hearing officer or the designee of the hearing officer may not appoint any person under ORS 45.272 to 45.297, 132.090 or 419C.285 if:
 (a) The person has a conflict of interest with any of the parties, victims or witnesses in the proceeding;
 (b) The person is unable to understand the judge, hearing officer, party, victim or witness, or cannot be understood by the judge, hearing officer, party, victim or witness; or
 (c) The person is unable to work cooperatively with the judge of the court, the hearing officer, the person in need of an interpreter or the counsel for that person.
 (5) The Supreme Court shall adopt a code of professional responsibility for interpreters. The code is binding on all interpreters who provide interpreter services in the courts or in adjudicatory proceedings before agencies. [1993 c.687 §2; 1999 c.1041 §6; 2001 c.242 §2; 2001 c.243 §2; 2003 c.75 §81; 2007 c.70 §14; 2015 c.155 §4]
 Section 45.291 - Certification program; establishment by State Court Administrator; rules.
 (a) Prescribing the form and content of applications for certification;
 (b) Prescribing and collecting reasonable fees for the application, examination, certification and renewal of certification for court interpreters;
 (c) Establishing categories of certificates based on the nature of the interpreter services to be provided, including categories for interpreters for persons with disabilities, as defined in ORS 45.285, and for interpreters for non-English-speaking persons, as defined in ORS 45.275;
 (d) Establishing minimum competency requirements for court interpreters in the various categories of certification;
 (e) Establishing teaching programs designed to educate court interpreters in ethical, substantive and procedural legal issues;
 (f) Prescribing the form of and administering examinations for the purpose of testing court interpreters for competency and ethics;
 (g) Establishing grounds for renewal, suspension or cancellation of certificates;
 (h) Establishing a process for receiving comments and input into the policy and procedures of the certification program;
 (i) Establishing a process for receiving comments and input on compliance with ORS 45.272 to 45.297;
 (j) Establishing a process for receiving comments and input on compliance with the code of professional responsibility adopted under ORS 45.288; and
 (k) Establishing a process by which an adversely affected interpreter may seek review of any decision made by the State Court Administrator on renewal, suspension or cancellation of a certificate.
 (2) An interpreter may be certified in Oregon by the State Court Administrator upon satisfactory proof that the interpreter is certified in good standing by the federal courts or by a state having a certification program that is equivalent to the program established under this section. [1993 c.687 §3; 2001 c.242 §3; 2007 c.70 §15]
 Section 45.292 - Certification required for use of title or designation "certified court interpreter" or "court certified interpreter."
 (2) Subsection (1) of this section does not apply to any person who:
 (a) Is certified under the program established under ORS 45.291;
 (b) Is certified as an interpreter by the federal courts; or
 (c) Is certified as an interpreter in another state that has a certification program that is equivalent to the program established under ORS 45.291. [1999 c.1041 §8]
 Section 45.294 - Court Interpreter and Shorthand Reporter Certification Account; sources; uses.
 (2) The State Court Administrator may apply for and receive funds or grants from federal, state and private sources to be credited to the Court Interpreter and Shorthand Reporter Certification Account and used for the purposes specified in ORS 8.415 to 8.455 and 45.291. [1993 c.687 §4; 1995 c.386 §7]
 Section 45.297 - Authority to enter into service contracts.
 Section 45.400 - Remote location testimony; when authorized; notice; payment of costs.
 (2) A party filing a motion under this section must give written notice to all other parties to the proceeding at least 30 days before the trial or hearing at which the remote location testimony will be offered. The court may allow written notice less than 30 days before the trial or hearing for good cause shown.
 (3)(a) Except as provided under subsection (5) of this section, the court may allow remote location testimony under this section upon a showing of good cause by the moving party, unless the court determines that the use of remote location testimony would result in prejudice to the nonmoving party and that prejudice outweighs the good cause for allowing the remote location testimony.
 (b) Factors that a court may consider that would support a finding of good cause for the purpose of a motion under this subsection include:
 (A) Whether the witness or party might be unavailable because of age, infirmity or mental or physical illness.
 (B) Whether the party filing the motion seeks to take the remote location testimony of a witness whose attendance the party has been unable to secure by process or other reasonable means.
 (C) Whether a personal appearance by the witness or party would be an undue hardship on the witness or party.
 (D) Whether a perpetuation deposition under ORCP 39 I, or another alternative, provides a more practical means of presenting the testimony.
 (E) Any other circumstances that constitute good cause.
 (c) Factors that a court may consider that would support a finding of prejudice under this subsection include:
 (A) Whether the ability to evaluate the credibility and demeanor of a witness or party in person is critical to the outcome of the proceeding.
 (B) Whether the nonmoving party demonstrates that face-to-face cross-examination is necessary because the issue or issues the witness or party will testify about may be determinative of the outcome.
 (C) Whether the exhibits or documents the witness or party will testify about are too voluminous to make remote location testimony practical.
 (D) The nature of the proceeding, with due consideration for a person’s liberty or parental interests.
 (E) Whether facilities that would permit the taking of remote location testimony are readily available.
 (F) Whether the nonmoving party demonstrates that other circumstances exist that require the personal appearance of a witness or party.
 (4) In exercising its discretion to allow remote location testimony under this section, a court may authorize telephone or other nonvisual transmission only upon finding that video transmission is not readily available.
 (5) The court may not allow use of remote location testimony in a jury trial unless good cause is shown and there is a compelling need for the use of remote location testimony.
 (6) A party filing a motion for remote location testimony under this section must pay all costs of the remote location testimony, including the costs of alternative procedures or technologies used for the taking of remote location testimony. No part of those costs may be recovered by the party filing the motions as costs and disbursements in the proceeding.
 (7) This section does not apply to a workers’ compensation hearing or to any other administrative proceeding.
 (8) As used in this section:
 (a) "Remote location testimony" means live testimony given by a witness or party from a physical location outside of the courtroom of record via simultaneous electronic transmission.
 (b) "Simultaneous electronic transmission" means television, telephone or any other form of electronic communication transmission if the form of transmission allows:
 (A) The court, the attorneys and the person testifying from a remote location to communicate with each other during the proceeding;
 (B) A witness or party who is represented by counsel at the hearing to be able to consult privately with counsel during the proceeding; and
 (C) The public to hear and, if the transmission includes a visual image, to see the witness or party if the public would otherwise have the right to hear and see the witness or party testifying in the courtroom of record. [1993 c.425 §1; 2001 c.398 §1; 2003 c.262 §1; 2017 c.240 §1]
 Section 45.900 - Penalty for violation of ORS 45.135 or 45.138.
 Chapter 046 - Small Claims Department of Circuit Court
 Section 46.010
 Section 46.040
 Section 46.045
 Section 46.047
 Section 46.221
 Section 46.223
 Section 46.405 - Small claims department; jurisdiction.
 (2) Except as provided in this section, all actions for the recovery of money, damages, specific personal property, or any penalty or forfeiture must be commenced and prosecuted in the small claims department if the amount or value claimed in the action does not exceed $750.
 (3) Except as provided in this section, an action for the recovery of money, damages, specific personal property, or any penalty or forfeiture may be commenced and prosecuted in the small claims department if the amount or value claimed in the action does not exceed $10,000.
 (4)(a) Class actions may not be commenced and prosecuted in the small claims department.
 (b) An action by an inmate, as defined in ORS 30.642, against another inmate may not be commenced and prosecuted in the small claims department.
 (5) Actions providing for statutory attorney fees in which the amount or value claimed does not exceed $750 may be commenced and prosecuted in the small claims department or may be commenced and prosecuted in the regular department of the circuit court. This subsection does not apply to an action based on contract for which attorney fees are authorized under ORS 20.082.
 (6) If a circuit court is located in the same city as a justice court, the circuit court need not have a small claims department if the circuit court and the justice court enter into an intergovernmental agreement that provides that only the justice court will operate a small claims department. If an intergovernmental agreement is entered into under this subsection, the agreement must establish appropriate procedures for referring small claims cases to the justice court. [1971 c.760 §2; 1973 c.812 §2; 1975 c.592 §1; 1979 c.567 §1; 1983 c.242 §1; 1985 c.367 §1; 1987 c.725 §1; 1995 c.227 §1; 1995 c.658 §43; 1997 c.378 §1; amendments by 1997 c.378 §2 repealed by 1999 c.84 §9; 1997 c.801 §78; 1999 c.84 §1; 1999 c.673 §1; 2001 c.542 §5; 2007 c.125 §1; 2011 c.262 §4; 2011 c.595 §47]
 Section 46.415 - Circuit judges to sit in department; procedure.
 (2) No formal pleadings other than the claim shall be necessary.
 (3) The hearing and disposition of all cases shall be informal, the sole object being to dispense justice promptly and economically between the litigants. The parties shall have the privilege of offering evidence and testimony of witnesses at the hearing. The judge may informally consult witnesses or otherwise investigate the controversy and give judgment or make such orders as the judge deems to be right, just and equitable for the disposition of the controversy.
 (4) No attorney at law or person other than the plaintiff and defendant and their witnesses shall appear on behalf of any party in litigation in the small claims department without the consent of the judge of the court.
 (5) Notwithstanding the provisions of ORS 9.320, a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to any action in the small claims department and in any supplementary proceeding in aid of execution after entry of a small claims judgment.
 (6) Assigned claims may be prosecuted by an assignee in small claims department to the same extent they may be prosecuted in any other state court.
 (7) When spouses are both parties to a case, one spouse may appear on behalf of both spouses in mediation or litigation in the small claims department:
 (a) With the written consent of the other spouse; or
 (b) If the appearing spouse declares under penalty of perjury that the other spouse consents. [1971 c.760 §3; 1973 c.484 §6; 1981 s.s. c.1 §22; 1987 c.811 §1; 1993 c.282 §2; 1995 c.658 §44; 1997 c.808 §§6,7; 2015 c.7 §3; 2017 c.268 §1]
 Section 46.425 - Commencement of actions; contents of claim.
 (2) The claim shall:
 (a) Contain the name and address of the plaintiff and of the defendant, followed by a plain and simple statement of the claim, including the amount and the date the claim allegedly accrued;
 (b) State that the plaintiff made a good faith effort to collect the claim from the defendant before filing the claim with the clerk; and
 (c) Include an affidavit attesting to the accuracy of the statements described in paragraphs (a) and (b) of this subsection or a declaration under penalty of perjury in the form required by ORCP 1 E.
 (3) Except in actions arising under ORS chapter 90, the plaintiff must include in a claim all amounts claimed from the defendant arising out of a single transaction or occurrence. Any plaintiff alleging damages on a transaction requiring installment payments need only claim the installment payments due and owing as of the date of filing of the claim, and need not accelerate the remaining payments. The plaintiff may include in a claim all amounts claimed from a defendant on more than one transaction or occurrence if the total amount of the claim does not exceed $10,000.
 (4) Notwithstanding subsection (3) of this section, a plaintiff bringing an action on assigned claims:
 (a) Need bring an action only on those claims that have been assigned as of the date the action is filed; and
 (b) May bring separate actions for each person assigning claims to the plaintiff. [1971 c.760 §4; 1977 c.875 §2; 1991 c.195 §1; 1995 c.658 §45; 1997 c.378 §4; amendments by 1997 c.378 §5 repealed by 1999 c.84 §9; 1997 c.801 §80; 1999 c.84 §2; 2007 c.125 §2; 2011 c.595 §48; 2015 c.121 §1]
 Section 46.441 - Explanation to plaintiff of how notice may be served.
 Section 46.445 - Notice of claim; content; service.
 (2) The notice shall be directed to the defendant, naming the defendant, and shall contain a copy of the claim.
 (3) The notice and claim shall be served upon the defendant either in the manner provided for the service of summons and complaint in proceedings in the circuit courts or by certified mail, at the option of the plaintiff. If service by certified mail is attempted, the plaintiff shall mail the notice and claim by certified mail addressed to the defendant at the last-known mailing address of the defendant. The envelope shall be marked with the words "Deliver to Addressee Only" and "Return Receipt Requested." The date of delivery appearing on the return receipt shall be prima facie evidence of the date on which the notice and claim was served upon the defendant. If service by certified mail is not successfully accomplished, the notice and claim shall be served in the manner provided for the service of summons and complaint in proceedings in the circuit courts.
 (4) The notice shall include a statement in substantially the following form:
 ______________________________________________________________________________
 NOTICE TO DEFENDANT:
 READ THESE PAPERS CAREFULLY!!
 Within 14 DAYS after receiving this notice you MUST do ONE of the following things:
 Pay the claim plus filing fees and service expenses paid by plaintiff OR
 Demand a hearing OR
 Demand a jury trial
 If you fail to do one of the above things within 14 DAYS after receiving this notice, then upon written request from the plaintiff the clerk of the court will enter a judgment against you for the amount claimed plus filing fees and service expenses paid by the plaintiff, plus a prevailing party fee.
 If you have questions about the small claims court filing procedures after reading this notice, you may contact the clerk of the court; however, the clerk cannot give you legal advice on the claim.
 ______________________________________________________________________________ [1971 c.760 §6; 1977 c.875 §4; 1977 c.877 §9a; 1989 c.741 §1; 1991 c.111 §4; 1991 c.195 §2; 1995 c.658 §47; 1997 c.872 §§8,9]
 Section 46.455 - Admission or denial of claim; request for jury trial.
 (1) If the defendant admits the claim, the defendant may settle it by:
 (a) Paying to the plaintiff the amount of the claim plus the amount of all filing fees and service expenses paid by the plaintiff and mailing proof of that payment to the court.
 (b) If the claim is for recovery of specific personal property, delivering the property to the plaintiff and paying to the plaintiff the amount of all filing fees and service expenses paid by the plaintiff and mailing proof of that delivery and payment to the court.
 (2) If the defendant denies the claim, the defendant:
 (a) May demand a hearing in the small claims department in a written request to the clerk in the form prescribed by the court, accompanied by payment of the defendant’s fee prescribed; and
 (b) When demanding a hearing, may assert a counterclaim in the form provided by the court.
 (3) If the amount or value claimed exceeds $750, the defendant has a constitutional right to a jury trial and may claim that right in a written request to the clerk in the form prescribed by the court, accompanied by payment of the appearance fee required from defendants under ORS 21.160. The request shall designate a mailing address to which a summons and copy of the complaint may be served by mail. Thereafter, the plaintiff’s claim will not be limited to the amount stated in the claim, though it must involve the same controversy. [1971 c.760 §7; 1973 c.654 §1; 1973 c.812 §3a; 1977 c.875 §5; 1977 c.877 §10a; 1981 s.s. c.3 §94; 1983 c.673 §2; 1985 c.496 §13; 1991 c.111 §5; 1991 c.195 §3; 1995 c.227 §2; 1995 c.455 §4; 1995 c.658 §48; 1997 c.46 §§6,7; 2011 c.595 §49]
 Section 46.461 - Counterclaims; fee; transfer of case to circuit court.
 (2) If the amount or value of the counterclaim exceeds $10,000, the court shall strike the counterclaim and proceed to hear and dispose of the case as though the counterclaim had not been asserted unless the defendant files with the counterclaim a motion requesting that the case be transferred from the small claims department to the circuit court. After the transfer the plaintiff’s claim will not be limited to the amount stated in the claim filed with the small claims department, though it must involve the same controversy.
 (3)(a) If the amount or value of the counterclaim exceeds that specified in subsection (2) of this section, and the defendant files a motion requesting transfer as provided in subsection (2) of this section, the case shall be transferred to the circuit court. The clerk of the court shall notify the plaintiff and defendant, by mail, of the transfer. The notice to the plaintiff shall contain a copy of the counterclaim and shall instruct the plaintiff to file with the court and serve by mail on the defendant, within 20 days following the mailing of the notice, a reply to the counterclaim and, if the plaintiff proposes to increase the amount of the claim originally filed with the small claims department, an amended claim for the increased amount. Proof of service on the defendant of the plaintiff’s reply and amended claim may be made by certificate of the plaintiff or plaintiff’s attorney attached to the reply and amended claim filed with the court. The defendant is not required to answer an amended claim of the plaintiff.
 (b) Upon filing the motion requesting transfer, the defendant shall pay to the clerk of the court an amount equal to the difference between the fee paid by the defendant as required by ORS 46.570 and the fee required of a defendant under ORS 21.160. Upon filing a reply to the counterclaim, the plaintiff shall pay to the clerk of the court an amount equal to the difference between the fee paid by the plaintiff as required by ORS 46.570 and the fee required of a plaintiff under ORS 21.160. [1977 c.875 §10; 1979 c.567 §3; 1983 c.242 §2; 1983 c.673 §5; 1985 c.367 §2; 1985 c.496 §31; 1987 c.714 §9; 1987 c.725 §2; 1991 c.790 §7; 1995 c.658 §49; 1997 c.378 §7; amendments by 1997 c.378 §8 repealed by 1999 c.84 §9; 1997 c.801 §82; 1999 c.84 §3; 2007 c.125 §3; 2011 c.595 §50]
 Section 46.465 - Time and place of hearing; notice; procedure if right to jury trial asserted; attorney fees.
 (2) If the defendant asserts a counterclaim, the notice of the hearing time shall contain a copy of the counterclaim.
 (3)(a) If the defendant claims the right to a jury trial, the clerk shall notify the plaintiff by mail of the requirements of this paragraph. Within 20 days after the mailing of the notice, the plaintiff must file a formal complaint with the court and serve by mail a summons and copy of the complaint on the defendant at the designated address of the defendant. Proof of service must be filed by the plaintiff with the court. Proof of service may be made by filing a certificate of the plaintiff or the plaintiff’s attorney with the complaint.
 (b) The plaintiff’s claim in the formal complaint filed pursuant to this subsection is not limited to the amount stated in the claim filed in the small claims department, but the claim in the formal complaint must relate to the same controversy.
 (c) The defendant must file an appearance in the matter within 10 days after the date on which the summons and copy of the complaint would be delivered to the defendant in due course of mail. Thereafter the cause shall proceed as other causes in the court, and costs and disbursements shall be allowed and taxed. Fees not previously paid shall be charged and collected as provided for other cases tried in the circuit court, except that the filing fee for the plaintiff shall be an amount equal to the difference between the filing fee paid by the plaintiff as required by ORS 46.570 and the filing fee required of the plaintiff under ORS 21.160.
 (4)(a) If the defendant claims the right to a jury trial and does not prevail in the action, the court shall award to the plaintiff reasonable attorney fees incurred by the plaintiff in the action. Unless attorney fees are otherwise provided for in the action by contract or statutory provision, attorney fees awarded under this paragraph may not exceed $1,000.
 (b) If the defendant asserts a counterclaim that requires transfer of the matter under the provisions of ORS 46.461, and the defendant does not prevail in the action, the court shall award to the plaintiff reasonable attorney fees incurred by the plaintiff in the action. [1971 c.760 §8; 1975 c.346 §1; 1983 c.673 §3; 1985 c.496 §14; 1991 c.790 §8; 1995 c.455 §5; 1995 c.618 §15a; 1997 c.46 §§9,10; 2011 c.595 §51]
 Section 46.475 - Additional time for appearances; default and dismissal.
 (2) If the defendant fails to pay the claim, demand a hearing, or demand a jury trial and comply with ORS 46.465 (3)(c), upon written request from the plaintiff the clerk shall enter a judgment against the defendant for the relief claimed plus the amount of the small claims filing fees and service expenses paid by the plaintiff and the prevailing party fee provided by ORS 20.190.
 (3) If the plaintiff fails within the time provided to file a formal complaint pursuant to ORS 46.465 (3)(a), the clerk shall dismiss the case without prejudice.
 (4) If the defendant appears at the time set for hearing but no appearance is made by the plaintiff, the claim shall be dismissed with prejudice. If neither party appears, the claim shall be dismissed without prejudice.
 (5) Upon good cause shown within 60 days, the court may set aside a default judgment or dismissal and reset the claim for hearing. [1971 c.760 §9; 1977 c.875 §6; 1985 c.496 §15; 1991 c.111 §6; 1995 c.618 §§8,8a; 1995 c.658 §51; 1997 c.46 §§12,13; 1999 c.84 §10; 2011 c.595 §52]
 Section 46.485 - Extent and effect of small claims judgment.
 (2) The court may allow to the defendant a setoff not to exceed the amount of plaintiff’s claim, but in such case the court shall cause to be entered in the record the amount of the setoff allowed.
 (3) No attachment shall issue on any cause in the small claims department.
 (4) A judgment in the small claims department is conclusive upon the parties and no appeal may be taken from the judgment.
 (5) The clerk of the court shall keep a record of all actions, proceedings and judgments in the small claims department.
 (6) A judgment in the small claims department is a judgment of the circuit court. The clerk shall enter such judgment in the register of the circuit court in the manner provided by ORS 18.075. A judgment in the small claims department may create a lien as provided by ORS 46.488. Judgments that include money awards, as defined by ORS 18.005, are subject to ORS 18.042. [1971 c.760 §10; 1977 c.875 §7; 1985 c.540 §17; 1991 c.111 §7; 1995 c.618 §9; 1995 c.658 §52; 1997 c.801 §60; 1999 c.84 §8; 2003 c.576 §91]
 Section 46.488 - Lien effect of small claims judgments.
 (2) If a judgment is rendered in the small claims department in an amount of $3,000 or more, the clerk shall note in the register of the circuit court that the judgment creates a judgment lien if the judgment otherwise complies with the requirements of ORS chapter 18 for creating a judgment lien. A judgment creditor may create a lien for the judgment in other counties in the manner provided by ORS 18.152.
 (3) When a judgment is entered in the small claims department in an amount of $10 or more and less than $3,000, exclusive of costs or disbursements, a judgment creditor may at any time before expiration of judgment remedies for the judgment under ORS 18.180 create a judgment lien for the judgment by paying to the clerk of the court that entered the judgment the fees established under ORS 21.235 (1)(a) and requesting that the clerk of the court note in the register and in the judgment lien record that the judgment creates a judgment lien. Upon receipt of the fees and request for creating a judgment lien, the clerk shall note in the register that the judgment creates a judgment lien. Upon entry of the notation in the register, the judgment creates a lien as described in ORS 18.150, and a judgment creditor may create a lien for the judgment in other counties in the manner provided by ORS 18.152. [1997 c.801 §57; 1997 c.801 §58; 1999 c.195 §3; 1999 c.1095 §12; 2003 c.576 §92; 2003 c.737 §§77,78; 2007 c.339 §11; 2011 c.595 §119]
 Note: Section 8 (1) and (2), chapter 195, Oregon Laws 1999, provides:
 Sec. 8. (1) The amendments to ORS 18.350 by section 1 of this 1999 Act, and the amendments to ORS 46.488 by section 58, chapter 801, Oregon Laws 1997, and by section 3 of this 1999 Act, do not affect any judgment docketed in the circuit court under the provisions of ORS 46.488 (1997 Edition) before the effective date of this 1999 Act [October 23, 1999]. Notwithstanding the amendments to ORS 46.488 by section 58, chapter 801, Oregon Laws 1997, and by section 3 of this 1999 Act, any judgment entered in the small claims department of a circuit court before the effective date of this 1999 Act that was not docketed in the circuit court under the provisions of ORS 46.488 (1997 Edition) before the effective date of this 1999 Act may become a lien on real property only in the manner provided by ORS 46.488 (1997 Edition).
 (2) Any judgment docketed before the effective date of this 1999 Act, including judgments docketed under the provisions of ORS 46.488 (1997 Edition), that did not become a lien on real property by reason of failure of the judgment creditor to file a lien certificate with the court in the manner required by ORS 18.350 (4) to (9) (1997 Edition) shall automatically become a lien on real property to the extent described in ORS 18.350, as amended by section 1 of this 1999 Act, on January 1, 2000, and shall be considered in all respects as though the judgment had been docketed on January 1, 2000. [1999 c.195 §8(1),(2); 1999 c.195 §8a(1),(2)]
 Section 46.560 - Where action to be commenced and tried.
 (2) When an action is founded on an alleged tort, it may be commenced either in the county where the cause of action arose or in the county where the defendants, or one of them, reside or may be found at the commencement of the action.
 (3) When the defendant has contracted to perform an obligation in a particular county, action may be commenced either in that county or in the county where the defendants, or one of them, reside or may be found at the commencement of the action. [1973 c.446 §2; 2015 c.27 §3]
 Section 46.570 - Fees.
 (1) $55, when the amount claimed is $2,500 or less; and
 (2) $99, when the amount is more than $2,500. [Formerly 46.221; 2003 c.737 §§44,45a,45c; 2005 c.702 §§49,50,51; 2007 c.129 §20; 2007 c.860 §7; 2011 c.595 §46; 2013 c.685 §§36,36a; 2014 c.76 §10; 2017 c.663 §8]
 Chapter 051 - Justice Courts; Jurisdiction
 Section 51.010 - Justice court defined; no terms of court; court always open for business.
 Section 51.020 - Justice of the peace districts; establishing and modifying boundaries; maximum number of districts.
 (2) At the time that the county court or board of county commissioners of a county sets off and establishes the boundaries of a justice of the peace district, the county court or board of county commissioners may require as a qualification for the office that a person serving as justice of the peace in the district be a member of the Oregon State Bar.
 (3) The prohibition of subsection (1) of this section on a justice of the peace district that includes any portion of the city that is the county seat for the county, or any portion of a city in which a circuit court regularly holds court, does not prevent a justice of the peace from conducting an arraignment for a person in custody in the city that is the county seat for the county, or in a city in which a circuit court regularly holds court, if the accusatory instrument for the offense was filed in the justice court and the offense was committed within the boundaries of the justice of the peace district. [Amended by 1965 c.568 §5; 1995 c.658 §53; 1997 c.801 §105; 1999 c.449 §1; 2011 c.420 §1]
 Section 51.025 - Justice court as court of record.
 (a) The passage of an ordinance by the governing body of the county in which the court is located; and
 (b) The entry of an order by the Supreme Court acknowledging the filing of the declaration required under subsection (2) of this section.
 (2) Before a justice court may become a court of record, the governing body of the county in which the court is located must file a declaration with the Supreme Court that includes:
 (a) A statement that the justice court satisfies the requirements of this section for becoming a court of record;
 (b) The address and telephone number of the clerk of the justice court; and
 (c) The date on which the justice court will commence operations as a court of record.
 (3) The Supreme Court may not charge a fee for filing a declaration under subsection (2) of this section. Not later than 30 days after a declaration is filed under subsection (2) of this section, the Supreme Court shall enter an order acknowledging the filing of the declaration and give notice of the order of acknowledgment to the county and the public.
 (4) The county shall provide a court reporter or an audio recording device for each justice court made a court of record under this section.
 (5) The appeal from a judgment entered in a justice court that becomes a court of record under this section shall be as provided in ORS chapters 19 and 138 for appeals from judgments of circuit courts.
 (6) As a qualification for the office, the justice of the peace for any justice court that becomes a court of record must be a member of the Oregon State Bar.
 (7) A justice court may not become a court of record under the provisions of this section if the court is located within 50 driving miles of the circuit court for the county in which the justice court is located, measured by the shortest distance by public roads between the justice court and the circuit court. [1999 c.682 §1; 2007 c.330 §1]
 Note: Section 4, chapter 682, Oregon Laws 1999, provides:
 Sec. 4. Sections 1 (3) and 3 (3) of this 1999 Act [51.025 (3) and 221.342 (3)] do not affect the term of office of any justice of the peace or municipal judge serving on the effective date of an ordinance passed for the purpose of making a justice court or municipal court a court of record. Any justice of the peace or municipal judge elected or appointed after the effective date of the ordinance must, as a qualification for the office, be a member of the Oregon State Bar. [1999 c.682 §4]
 Section 51.028 - Justice court ceasing operation as court of record.
 (2) The Supreme Court may not charge a fee for filing a declaration under subsection (1) of this section. Not later than 30 days after a declaration is filed under subsection (1) of this section, the Supreme Court shall enter an order acknowledging the filing of the declaration and give notice of the order of acknowledgment to the county and the public.
 (3) The appeal from a judgment entered in a justice court after the date identified in a declaration filed under this section shall be as provided in ORS 53.005 to 53.125 and ORS chapter 157. [2007 c.330 §2]
 Section 51.035 - Justice of peace as municipal judge.
 Section 51.037 - Agreement between city and county for provision of judicial services.
 Section 51.050 - Criminal jurisdiction; transfer to circuit court.
 (2) In any justice court that has not become a court of record under ORS 51.025, a defendant charged with a misdemeanor shall be notified immediately after entering a plea of not guilty of the right of the defendant to have the matter transferred to the circuit court for the county where the justice court is located. The election shall be made within 10 days after the plea of not guilty is entered, and the justice shall immediately transfer the case to the appropriate court.
 (3) A justice court does not have jurisdiction over the trial of any felony or a designated drug-related misdemeanor as defined in ORS 423.478. Except as provided in ORS 51.037, a justice court does not have jurisdiction over offenses created by the charter or ordinance of any city. [Amended by 1963 c.513 §3; 1969 c.180 §1; 1971 c.743 §313; 1973 c.625 §1; 1995 c.658 §55; 1999 c.605 §1; 1999 c.682 §10; 1999 c.1051 §41; 2017 c.706 §20]
 Section 51.055 - Notice to Department of State Police of conviction; rules.
 (2) The department shall make rules establishing:
 (a) Requirements for notification under this section.
 (b) Procedures for entry of convictions described in subsection (1) of this section into the Law Enforcement Data System the department maintains. The rules must provide that it is not necessary to enter a conviction into the Law Enforcement Data System if a record of the conviction already exists in the system. [2013 c.141 §1]
 Section 51.070 - Crimes triable in justice court.
 Section 51.080 - Civil jurisdiction of justice court.
 (a) For the recovery of money or damages only, when the amount claimed does not exceed $10,000.
 (b) For the recovery of specific personal property, when the value of the property claimed and the damages for the detention do not exceed $10,000.
 (c) For the recovery of any penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $10,000.
 (d) To give judgment without action, upon the confession of the defendant for any of the causes specified in this section, except for a penalty or forfeiture imposed by statute.
 (2) For purposes of this section, the amount claimed, value of property, damages or any amount in controversy does not include any amount claimed as costs and disbursements or attorney fees as defined by ORCP 68 A. [Amended by 1973 c.625 §2; 1979 c.447 §1; 1983 c.149 §2; 1989 c.839 §34; 1993 c.735 §10; 1997 c.801 §107; 1999 c.84 §4; 2007 c.71 §13; 2007 c.125 §4; 2011 c.595 §52a]
 Section 51.090 - Civil jurisdiction not to extend to certain actions.
 (1) An action in which the title to real property shall come in question.
 (2) An action for false imprisonment, libel, slander or malicious prosecution.
 (3) An action brought by an inmate as defined in ORS 30.642. [Amended by 1983 c.673 §9; 2003 c.14 §22; 2011 c.262 §5]
 Section 51.100 - Where action may be commenced in civil cases.
 (2) If a defendant in a civil action subject to the jurisdiction of a justice court does not reside in this state, the action may be commenced in any justice district of this state.
 (3) If all parties reside in the same justice district, a civil action may be brought only in the justice court for that justice district.
 (4) Motions for change of venue in justice courts are subject to the same laws governing change of venue in circuit court. [Amended by 1999 c.605 §2]
 Section 51.105 - Recording and reporting of proceedings.
 (2) A reporter providing stenographic reporting services under this section must be certified in shorthand reporting under ORS 8.415 to 8.455 or by a nationally recognized certification program. A party arranging for reporting of the proceeding by stenographic means must provide the court with the name of the reporter and an address and telephone number where the reporter may be contacted.
 (3) If all parties to the proceeding and the court agree, the audio recording or stenographic or other reporting of the proceeding arranged under this section may be used by the parties during the proceeding.
 (4) If all parties to the proceeding and the court agree, the audio recording or stenographic or other reporting of the proceeding arranged under this section is the official record of the proceeding.
 (5) Unless other parties agree to pay all or part of the cost of the audio recording or stenographic or other reporting of the proceeding, the party arranging for the recording or reporting must pay all costs of the recording or reporting. [2015 c.623 §8]
 Section 51.110 - Records and files of a justice court.
 Section 51.120 - Justice court docket.
 (a) The title of every action or proceeding commenced in the court of the justice of the peace or before the justice of the peace, with the names of the parties thereto and the time of the commencement thereof.
 (b) The date of making or filing any pleading.
 (c) An order allowing a provisional remedy, and the date of issuing and returning the summons or other process.
 (d) The time when the parties or either of them appears, or their failure to do so.
 (e) Every postponement of a trial or proceeding, and upon whose application, and to what time.
 (f) The demand for a jury, if any, and by whom made; the order for a jury, and the time appointed for trial.
 (g) The return of an order for a jury, the names of the persons impaneled and sworn as a jury, and the names of all witnesses sworn, and at whose request.
 (h) The verdict of the jury, and when given; and if the jury disagree and are discharged without giving a verdict, a statement of such disagreement and discharge.
 (i) The judgment of the court, and when given.
 (j) The date on which any judgment is docketed in the docket.
 (k) The fact of an appeal having been made and allowed, and the date thereof, with a memorandum of the undertaking, and the justification of the sureties.
 (L) Satisfaction of the judgment or any part thereof.
 (m) A memorandum of all orders relating to security release.
 (n) All other matters which may be material or specially required by any statute.
 (2) The docket of a justice court may be maintained in electronic form. [Amended by 1999 c.788 §43; 1999 c.1051 §244]
 Section 51.130 - Disposition of docket and files; docket and files are public writings.
 Section 51.140 - Office, courtroom and clerical assistance; books, office equipment and supplies.
 (1) May provide for the office of the justice of the peace the office and courtroom and clerical assistance necessary to enable the justice of the peace to effectuate the prompt, efficient and dignified administration of justice.
 (2) Shall provide for the office of the justice of the peace:
 (a) The books, records, forms, papers, stationery, postage and office equipment and supplies necessary in the proper keeping of the records and files of the judicial office and the transaction of the business thereof.
 (b) The latest edition of the Oregon Revised Statutes and all official materials published from time to time to supplement such edition. [Amended by 1955 c.448 §1; 1957 c.180 §1]
 Section 51.210 - Each district to elect one justice.
 Section 51.230 - At what election justice to be elected.
 Section 51.240 - Qualifications for office.
 (a) A justice of the peace must be a citizen of the United States and a resident of this state.
 (b) A justice of the peace must be a resident of or have a principal office in the justice of the peace district in which the justice court is located. For purposes of this paragraph, a "principal office" is the primary location from which a person conducts the person’s business or profession.
 (c) A justice of the peace must have maintained the residence within this state required by paragraph (b) of this subsection for at least three years immediately prior to appointment or becoming a candidate for election to the office of justice of the peace.
 (d) A justice of the peace must have maintained the residence or principal office required by paragraph (b) of this subsection for at least one year immediately prior to appointment or becoming a candidate for election to the office of justice of the peace.
 (e) A justice of the peace must:
 (A) Be a member of the Oregon State Bar;
 (B) Have completed a course on courts of special jurisdiction offered by the National Judicial College, or complete the course within 12 months after appointment or election to the office of justice of the peace; or
 (C) Have completed, or complete within 12 months after appointment or election to the office of justice of the peace, a course that is equivalent to the course described in subparagraph (B) of this paragraph, proposed by the justice of the peace and approved by the Chief Justice of the Supreme Court.
 (2) If exigent circumstances prevent a justice of the peace from completing the course required under subsection (1)(e)(B) of this section within 12 months after appointment or election to the office of justice of the peace, the presiding judge of the judicial district in which the justice court is located may grant the justice of the peace one extension of time to complete the course. The extension may not exceed 12 months. The presiding judge may require the justice of the peace to complete additional educational requirements during an extension granted under this subsection.
 (3) Notwithstanding subsection (1)(e) of this section, a justice of the peace in a justice court that is a court of record under ORS 51.025 must be a member of the Oregon State Bar. [1991 c.458 §10; 1993 c.493 §88; 2015 c.570 §6]
 Section 51.245 - Continuing education.
 (2) Each justice of the peace who is not a member of the Oregon State Bar shall submit a written annual report of the hours of educational programs referred to in subsection (1) of this section that are attended or participated in by the justice during each calendar year to the Oregon Justices of the Peace Association and shall submit a copy of that report to the governing body of the county in which the justice has been elected or appointed. The report and copy shall be submitted not later than March 1 of the year following the calendar year for which the report is applicable. [1989 c.1005 §1; 1993 c.742 §39]
 Section 51.250 - Time when term begins; filing certificate of election, oath of office and undertaking.
 (1) The certificate of election of the person.
 (2) An oath of office, by the person subscribed, to the effect that the person will support the Constitution of the United States and the Constitution of Oregon and will faithfully and honestly perform the duties of the office.
 (3) Also an official undertaking, duly approved by the county court or board of county commissioners in the penal sum of $2,500; provided, that the official undertaking of a justice of the peace in any district in which is located the county seat, or any part thereof, shall be in such greater penal sum, not exceeding $10,000, as the court or board shall designate. [Amended by 1987 c.158 §7]
 Section 51.260 - Filling vacancy; temporary appointment; appointment during justice’s vacation.
 (2) In the event of a temporary absence or other incapacity of a justice of the peace, the county court, if it deems it in the public interest, may appoint a sitting justice of the peace from any county justice of the peace district within the State of Oregon, or may appoint a person possessing the qualifications for election as justice of the peace, to serve as justice of the peace pro tempore during the period of absence or incapacity. An appointment under this subsection may not be for a period exceeding one year.
 (3) In the event of a temporary absence of a justice of the peace for a period of more than 60 consecutive days, or in the event of inability for a like period to act by reason of illness or other cause, the Governor, if the Governor deems it necessary in the public interest that a person be appointed to fill such temporary vacancy, shall appoint some person possessing the qualifications for election to such office to fill the temporary vacancy.
 (4) The person appointed by the county court or Governor pursuant to subsection (2) or (3) of this section immediately shall qualify in the same manner as a person elected to the office, and thereupon shall perform the duties of justice of the peace for the district during the temporary absence or inability. During the temporary tenure, the person shall receive the salary that the absent justice of the peace otherwise would have received during the period. When any such appointee has qualified and entered upon the duties of office, the appointment thereto shall not be revoked or rescinded during the actual trial or hearing of any action or proceeding before the appointee; but the temporary appointment may be terminated at any other time by written notice to that effect given by the appointing authority and filed with the county clerk of the county.
 (5) Every justice of the peace is entitled to two weeks paid vacation every year and during such absence the county court may appoint a justice of the peace pro tempore pursuant to the provisions of subsections (2) and (4) of this section. [Amended by 1961 c.724 §26; 1995 c.329 §1; 1995 c.658 §58]
 Section 51.270 - Form of justice’s undertaking.
 ______________________________________________________________________________
 Whereas A B has been duly elected justice of the peace in and for the District of______, in the County of______, at an election held on the ___ day of______, 2__, we, C D and E F, hereby undertake that if A B shall not faithfully pay over according to law all moneys that shall come into the hands of A B by virtue of such office, then we, or either of us, will pay to the State of Oregon the sum of $___.
 C D.
 E F.
 ______________________________________________________________________________
 Section 51.280 - Qualifications of sureties; filing justification.
 Section 51.300 - Temporary service by circuit court judge or other justice of the peace.
 (1) At the request of the justice of the peace of the justice court;
 (2) In the event of a vacancy in the office of the justice of the peace, until the vacancy is filled as provided by law; or
 (3) In the event of the absence, incapacity or disqualification of the justice of the peace, during the period of such absence, incapacity or disqualification. [1965 c.377 §2; 1979 c.69 §1; 1999 c.605 §3]
 Section 51.310 - Schedule of fees; payment of fees to county treasurer.
 (a) For the first appearance of the plaintiff, $90.
 (b) For the first appearance of the defendant, $90.
 (c) In the small claims department, for a plaintiff filing a claim, $37; and for a defendant requesting a hearing, $37.
 (d) For transcript of judgment, $9.
 (e) For transcript of judgment from the small claims department, $9.
 (f) For certified copy of judgment, $9.
 (g) For issuing writs of execution or writs of garnishment, $20 for each writ.
 (h) For issuing notices of restitution as provided in ORS 105.151, $10 for each notice.
 (i) For filing a motion described in ORS 21.200 in an action not in the small claims department, $30.
 (j) For supplying to private parties copies of records and files, the same fees as provided or established for the county clerk under ORS 205.320.
 (k) For each official certificate, $10.
 (L) For taking and certifying for a private party an acknowledgment of proof of any instrument, $10.
 (m) Costs in criminal cases, where there has been a conviction, or upon forfeiture of security, $5.
 (2) Not later than the last day of the month immediately following the month in which fees set forth in subsection (1) of this section are collected, the justice of the peace shall pay all such fees, other than those for performing marriage ceremonies, over to the county treasurer of the county wherein the justice of the peace was elected or appointed, for crediting to the general fund of the county, and shall take the receipt of the treasurer therefor. [Amended by 1965 c.619 §25; 1979 c.447 §2; 1987 c.829 §1; 1989 c.583 §10; 1991 c.458 §2; 1997 c.801 §132; 1999 c.1051 §245; 2003 c.687 §1; 2011 c.595 §52b; 2015 c.623 §§1,2]
 Section 51.340 - Monthly report of fines collected.
 Chapter 052 - Civil Actions
 Section 52.010 - Actions commenced and prosecuted, and judgments enforced, as in circuit court; prevailing party entitled to disbursements.
 (2) All disbursements shall in all cases be allowed the prevailing party.
 Section 52.020 - Mode of proceeding and rules of evidence.
 Section 52.030 - Court rules and procedures.
 Section 52.035 - Dismissal of civil cases for want of prosecution.
 Section 52.040 - Contempt in justice court.
 Section 52.060 - Persons entitled to act as attorneys in justice court.
 Section 52.110 - Service; form, contents and requisites of summons.
 (2) A summons shall contain a notice printed in type size equal to at least 8-point type which may be substantially in the following form:
 ______________________________________________________________________________
 NOTICE TO DEFENDANT:
 READ THESE PAPERS
 CAREFULLY!
 You must "appear" in this case or the other side will win automatically. To "appear" you must file with the court a legal paper called a "motion" or "answer." The "motion" or "answer" must be given to the justice of the peace within 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff.
 If you have questions, you should see an attorney immediately.
 ______________________________________________________________________________ [Amended by 1983 c.673 §10]
 Section 52.120 - Persons authorized to serve summons; compensation; manner of service.
 (2) The summons shall be served in the manner provided for the service of summons in a civil action in a circuit court. The summons shall be returned to the justice by whom it was issued by the person serving it, with proof of service or that the defendant cannot be found. [Amended by 1953 c.749 §4; 1973 c.827 §10; 1977 c.877 §11; 1979 c.284 §84]
 Section 52.130 - Appointment of persons to serve process or order.
 ______________________________________________________________________________
 I hereby appoint A B to serve the within process or order.
 ______________________________________________________________________________ [Amended by 1977 c.877 §12; 1979 c.284 §85; 1995 c.79 §13]
 Section 52.170 - Security for disbursements.
 Section 52.180 - Form of undertaking; qualifications and justification of sureties; deposit in lieu of undertaking.
 ______________________________________________________________________________
 "I, A B," or "We, A B and C D, undertake to pay E F, the defendant in this action, all disbursements that may be adjudged to E F in this action."
 ______________________________________________________________________________
 (2) The sureties must possess the qualifications of bail upon arrest, and, if required by the defendant, must justify in a sum not less than $50. A deposit with the justice of such sum as the justice may deem sufficient shall be equivalent to giving the required undertaking. If the undertaking or deposit in lieu thereof is not given or made by the time the action is at issue and ready for trial on a question of fact, the justice must dismiss the action as for want of prosecution. [Amended by 1995 c.79 §14]
 Section 52.210 - Plaintiff entitled to attachment as in circuit court.
 Section 52.220 - Attachment proceedings conducted as in circuit court.
 Section 52.250 - Attachment of real property prohibited.
 Section 52.310 - Pleadings governed by rules applicable to pleadings in circuit court.
 Section 52.320 - Counterclaim exceeding jurisdiction; transfer to circuit court; time allowed plaintiff to plead; costs; effect of failure to tender costs.
 Section 52.410 - Trial fee.
 (2) The trial fee in a justice court for a trial by jury is $125 for each full or partial day of trial, payable by the party demanding the jury trial at the time the demand is made.
 (3) The trial fee in a justice court for a trial without a jury is $75 for each full or partial day of trial, payable by the plaintiff when the action or proceeding is set for trial.
 (4) If a trial continues beyond the number of days originally paid for under subsection (2) or (3) of this section, the fee for subsequent days of trial must be paid in advance of each day the trial continues by the party responsible for the fee under subsection (2) or (3) of this section. [Amended by 1979 c.447 §3; 1997 c.801 §133; 2015 c.623 §4]
 Section 52.420 - Trial fee payable in advance; effect of failure to pay; recovery of fee as disbursement.
 (2) If the party paying the fee prevails in the action or proceeding so as to be entitled to recover costs therein, the fee shall be allowed and taxed as a disbursement and collected from the adverse party. [Amended by 2005 c.22 §35]
 Section 52.430 - State or county exempted from prepaying trial fee; recovery of trial fee.
 Section 52.440 - Accounting for and disposition of trial fee.
 Section 52.510 - Postponement of trial.
 Section 52.520 - Depositions of witnesses as condition to postponement.
 Section 52.530 - Change of place of trial.
 (a) The justice is a party to or directly interested in the event of the action, or connected by consanguinity or affinity within the third degree with the adverse party or those for whom the justice prosecutes or defends; or
 (b) The justice is so prejudiced against the party making the motion that the party cannot expect an impartial trial before the justice.
 (2) The justice may change the place of trial, on motion of either party to the action, when it appears from a supporting affidavit of the party that the convenience of parties and witnesses would be promoted by the change, and that the motion is not made for the purpose of delay.
 (3) The motion for change of place of trial cannot be made or allowed in any action until after the cause is at issue on a question of fact. The change shall be made to the nearest justice court in the county. If there is only one justice court in the county the change shall be made to the circuit court for the county in which the justice court is located. Neither party shall be entitled to more than one change in the place of trial, except for causes not in existence when the first change was allowed. When the place of trial has been changed, the justice shall forthwith transmit to the justice court or circuit court to whom the case is transferred a transcript of the proceedings had in the case with all the original papers filed thereon. All costs incurred in the transfer of such case, including the fee for filing the same in the court to which the case is transferred shall be borne by the party requesting the change and must be tendered by the party to the justice at the time of filing the motion for the change. Such costs may be recovered by such party in the event the party prevails in the trial of the action. On the failure of the party to tender or pay the required fee at the time the motion is filed the justice shall disregard the motion and proceed to try the action as though no motion had been filed. [Amended by 1959 c.159 §1; 1995 c.658 §63; 2005 c.22 §37]
 Section 52.540 - Payment of disbursements for change of venue; subpoenaed witnesses.
 (2) It shall not be necessary to issue new subpoenas to witnesses, but the witnesses shall appear before the justice before whom the cause has been transferred without the issue of any other notice than the allowance of the motion for the change of venue.
 Section 52.550 - When change of venue deemed complete.
 Section 52.560 - Jurisdiction to cease when title to real property in question; further proceedings in circuit court.
 Section 52.570 - Right to jury trial.
 Section 52.580 - Judgment.
 Section 52.590 - Judgment may not determine or affect title to real property.
 Section 52.600 - Enforcement of justice court judgments generally.
 (2) Enforcement proceedings on a judgment docketed by a justice court may include:
 (a) Writ of execution proceedings for personal property under ORS 18.252 to 18.993.
 (b) Proceedings in support of execution under ORS 18.265, 18.268 and 18.270.
 (c) Garnishment proceedings under ORS 18.600 to 18.850.
 (3) In addition to the enforcement proceedings specified in subsection (2) of this section, a docketed justice court judgment may be enforced by the court that rendered the judgment through the issuance of a writ of execution on real property under ORS 18.252 to 18.993. A writ of execution on real property may be issued by a justice court only after the judgment has been transcribed or recorded in the manner provided by ORS 52.635.
 (4) ORS 18.038, 18.042, 18.048 and 137.071 apply to judgments rendered in justice courts.
 (5) Except as provided in subsection (6) of this section, the provisions of this section apply to all judgments docketed by justice courts, including judgments imposed in violation proceedings and other criminal proceedings.
 (6) The provisions of this section and ORS 52.635 do not apply to proceedings for enforcement of ordinances governing the parking of vehicles. Ordinances governing the parking of vehicles shall be enforced as provided by other law. [1999 c.788 §2; 2001 c.249 §74; 2003 c.576 §95]
 Section 52.610 - Enforcement of judgment given by other justice.
 Section 52.620 - Filing transcript of judgment in another county; issuance of execution.
 Section 52.635 - Liens based on justice court judgment.
 (2) In lieu of recording a certified copy of a judgment or a lien record abstract for a judgment under subsection (1) of this section, a judgment that includes a money award rendered by a justice court in a civil action may be transcribed to the circuit court for the county that contains the justice court that rendered the judgment. The judgment may be transcribed by the filing of a certified transcript of the judgment with the clerk of the circuit court. The transcript must contain a copy of all the docket entries made in the case and the judgment as rendered by the justice court, certified to be a true and correct transcript from the original entries by the justice court. Upon filing of the certified transcript, the clerk shall enter the transcribed judgment in the register of the circuit court and in the judgment lien record. The clerk shall note in the register that the transcribed judgment creates a judgment lien. A judgment in a criminal action may not be transcribed to circuit court under the provisions of this subsection.
 (3) A certified copy of a judgment docketed in a justice court, or a lien record abstract for the judgment, may be recorded in any County Clerk Lien Record. The judgment or lien record abstract may be recorded in a county other than the county that contains the justice court that rendered the judgment without transcribing the justice court judgment to the circuit court for the county that contains the justice court that rendered the judgment, or recording a certified copy of the judgment or a lien record abstract for the judgment in the County Clerk Lien Record for the county that contains the justice court. If the judgment has been transcribed to circuit court, or a certified copy of the judgment or a lien record abstract for the judgment has been recorded in any County Clerk Lien Record, a lien record abstract for the judgment in the form provided by ORS 18.170 may be recorded in the County Clerk Lien Record for any other county. From the time the certified copy of the judgment or lien record abstract for the judgment is recorded in the County Clerk Lien Record of another county, the judgment is a lien upon the real property of the defendant in that county.
 (4) A certified copy of a certificate of extension filed under ORS 18.194, or a lien record abstract for the certificate of extension, may be transcribed to circuit court or recorded in a County Clerk Lien Record in the same manner as provided for judgments under this section and with like effect.
 (5) The transcribing of a justice court judgment to circuit court under this section, or the recording of a certified copy of a justice court judgment or a lien record abstract under this section, does not extend the lien of the judgment more than 10 years from the original entry of the judgment in the justice court.
 (6) The fee for filing a transcript with the clerk of the circuit court under subsection (2) of this section shall be as provided in ORS 21.235 (1). The fee for recording a certified copy of a justice court judgment or a lien record abstract under this section shall be as provided in ORS 205.320.
 (7) A justice court and circuit court may enter into an agreement to allow for electronic transcription of justice court judgments under this section. A justice court and county clerk may enter into an agreement to allow for electronic recording of judgments and lien record abstracts under this section. [1999 c.788 §4 (enacted in lieu of 52.630); 2003 c.576 §96; 2003 c.737 §§80,81; 2007 c.339 §12; 2011 c.595 §120]
 Note: Section 62 (1) and (2), chapter 788, Oregon Laws 1999, provides:
 Sec. 62. (1) The repeal of ORS 52.630 by section 3 of this 1999 Act does not affect any judgment docketed in a circuit court under the provisions of ORS 52.630 (1997 Edition) before the effective date of this 1999 Act [October 23, 1999].
 (2) Any judgment rendered by a justice court before the effective date of this 1999 Act that was not docketed in the circuit court under the provisions of ORS 52.630 (1997 Edition) before the effective date of this 1999 Act may become a lien on real property only in the manner provided by section 4 of this 1999 Act [52.635]. Any judgment rendered in a justice court on or after the effective date of this 1999 Act may become a lien on real property only in the manner provided by section 4 of this 1999 Act. [1999 c.788 §62(1),(2)]
 Section 52.640 - Setoff of judgment; application and notice.
 Section 52.650 - Right of appeal precludes setoff; procedure to set off judgment of another court.
 Section 52.660 - Enforcement of setoff judgment stayed.
 Section 52.670 - Setoff of mutual judgments.
 Section 52.680 - Setoff of judgments in different amounts; disallowance of setoff.
 Section 52.700 - Return on execution; to whom directed; duty of officer to execute writ.
 Section 52.710 - Renewal of execution; indorsement and entry of renewal.
 Chapter 053 - Appeals in Civil Actions
 Section 53.005 - Application of ORS 53.005 to 53.125.
 Section 53.010 - Appeal from justice courts.
 Section 53.020 - Court to which appeal lies; designation of parties.
 Section 53.030 - Manner of taking appeal; notice; undertaking for costs and disbursements.
 Section 53.040 - Requisites of undertaking for costs and disbursements and stay of proceedings.
 Section 53.050 - Stay of proceedings without undertaking.
 Section 53.060 - Allowance of appeal; recall of execution when stay granted.
 Section 53.070 - Qualification of sureties.
 Section 53.080 - Enforcement of judgment notwithstanding appeal and undertaking for stay of proceedings.
 Section 53.090 - Transcript to be filed; proceedings on appeal.
 Section 53.100 - Amendment of pleadings in appellate court.
 Section 53.110 - Dismissal of appeal; judgment on dismissal or after trial; judgment against sureties.
 Section 53.120 - Insufficiency of undertaking as ground for dismissal of appeal.
 Section 53.125 - Judgment or order of appellate court.
 Section 53.130 - Writ of review in civil cases.
 Chapter 054 - Juries
 Section 54.010 - Trial jury defined.
 Section 54.020 - Jury not selected from jury list.
 Section 54.030 - Service and return of order; persons to be summoned.
 Section 54.040 - Insufficient number of jurors; summoning others; challenges.
 Section 54.050 - Qualifications of jurors.
 Section 54.060 - Making of jury lists.
 (2) A preliminary jury list shall be made by selecting names of inhabitants of the district by lot from the latest jury list sources. The jury list sources are the elector registration list for the district, copies of the Department of Transportation records for the county referred to in ORS 802.260 (2) furnished to the justice at county expense by the clerk of court, as defined in ORS 10.010, for the county and any other source that the justice determines will furnish a fair cross section of the inhabitants of the district.
 (3) Jury list sources may not contain and the justice of the peace is not required to obtain information about individuals who are participants in the Address Confidentiality Program under ORS 192.820 to 192.868.
 (4) From the preliminary jury list the names of those persons known not to be qualified by law to serve as jurors shall be deleted. The remaining names shall constitute the jury list. The preliminary jury list and jury list may be made by means of electronic equipment. [Amended by 1983 c.673 §14; 1987 c.681 §4; 2007 c.542 §15]
 Section 54.070 - Number of names on list; certifying and filing list.
 (1) Contain the names of at least 50 persons, if there are that number of persons in the district who are qualified as provided in ORS 54.050.
 (2) Contain the first name, the surname and the place of residence of each person named therein.
 (3) Be certified by the justice of the peace and placed on file in the office of the justice. [Amended by 1975 c.233 §1; 1983 c.673 §15]
 Section 54.090 - Justice not in office or present when list was made must procure and file copy thereof.
 Section 54.100 - Drawing jury list; jury box; depositing ballots.
 Section 54.110 - Selection of jury from jury list.
 Section 54.120 - Manner of drawing jury panel; making and signing list of names for panel.
 Section 54.130 - Names drawn which are not entered on list of panel.
 Section 54.140 - Selection of jury by striking names from the panel.
 Section 54.150 - Order for jury selected from jury list; manner of summoning and forming jury; challenges.
 Section 54.160 - Punishment of jurors.
 (1) The person fails to attend the justice court as required or fails to give a valid excuse for not attending;
 (2) The person fails to give attention to matters before the jury;
 (3) The person leaves the court without permission while the court is in session; or
 (4) The person without valid excuse otherwise fails to complete required jury service. [Amended by 1999 c.605 §5]
 Chapter 055 - Small Claims
 Section 55.011 - Small claims department; jurisdiction.
 (2) Except as provided in this section, all actions for the recovery of money, damages, specific personal property, or any penalty or forfeiture must be commenced and prosecuted in the small claims department if the amount or value claimed in the action does not exceed $750.
 (3) Except as provided in this section, an action for the recovery of money, damages, specific personal property, or any penalty or forfeiture may be commenced and prosecuted in the small claims department if the amount or value claimed in the action does not exceed $10,000.
 (4) Class actions may not be commenced and prosecuted in the small claims department.
 (5) Actions providing for statutory attorney fees in which the amount or value claimed does not exceed $750 may be commenced and prosecuted in the small claims department or may be commenced and prosecuted in the regular department of the justice court. This subsection does not apply to an action based on contract for which attorney fees are authorized under ORS 20.082.
 (6) Jurisdiction of the person of the defendant in an action commenced in the small claims department shall be deemed acquired as of the time of service of the notice and claim.
 (7) Except as provided in ORS 55.065 (2)(c), the provisions of ORS 55.020 to 55.140 shall apply with regard to proceedings in the small claims department of any justice court.
 (8) If a justice court is located in the same city as a circuit court, the justice court need not have a small claims department if the justice court and the circuit court enter into an intergovernmental agreement that provides that only the circuit court will operate a small claims department. If an intergovernmental agreement is entered into under this subsection, the agreement must establish appropriate procedures for referring small claims cases to the circuit court. [1963 c.404 §2 (enacted in lieu of 55.010); 1965 c.569 §2; 1973 c.625 §3; 1973 c.812 §7; 1975 c.346 §2a; 1975 c.592 §2; 1983 c.673 §6; 1985 c.367 §3; 1987 c.725 §3; 1989 c.583 §1; 1995 c.227 §4; 1997 c.801 §108; 1999 c.84 §5; 1999 c.673 §4; 2001 c.542 §6; 2007 c.125 §5; 2011 c.595 §53]
 Section 55.020 - Commencement of action.
 Section 55.030 - Contents of claim.
 Section 55.040 - Verification and prosecution of claim.
 Section 55.045 - Notice of claim; content; service.
 (2) The notice shall be directed to the defendant, naming the defendant, and shall contain a copy of the claim.
 (3) If the amount or value claimed is $50 or more, the notice and claim shall be served upon the defendant in the manner provided for the service of summons and complaint in proceedings in the circuit courts.
 (4) If the amount or value claimed is less than $50, the notice and claim shall be served upon the defendant either in the manner provided for the service of summons and complaint in proceedings in the circuit courts or by certified mail, at the option of the plaintiff. If service by certified mail is attempted, the court shall mail the notice and claim by certified mail addressed to the defendant at the last-known mailing address of the defendant within the territorial jurisdiction of the court. The envelope shall be marked with the words "Deliver to Addressee Only" and "Return Receipt Requested." The date of delivery appearing on the return receipt shall be prima facie evidence of the date on which the notice and claim was served upon the defendant. If service by certified mail is not successfully accomplished, the notice and claim shall be served in the manner provided for the service of summons and complaint in proceedings in the circuit courts.
 (5) The notice shall include a statement in substantially the following form:
 ______________________________________________________________________________
 NOTICE TO DEFENDANT:
 READ THESE PAPERS CAREFULLY!
 Within 14 DAYS after receiving this notice you MUST do ONE of the following things:
 Pay the claim plus fees and service expenses paid by plaintiff OR
 Demand a hearing OR
 Demand a jury trial
 If you fail to do one of the above things within 14 DAYS after receiving this notice, then upon written request from the plaintiff, the court will enter a judgment against you for the amount claimed plus fees and service expenses paid by the plaintiff.
 If you have questions about this notice, you should contact the court immediately.
 ______________________________________________________________________________ [1989 c.583 §5]
 Section 55.055 - Explanation to plaintiff of how notice may be served.
 Section 55.065 - Admission or denial of claim; request for jury trial.
 (1) If the defendant admits the claim, the defendant may settle it by:
 (a) Paying to the court the amount of the claim plus the amount of the small claims fee and service expenses paid by the plaintiff. The court shall pay to the plaintiff the amounts paid by the defendant.
 (b) If the claim is for recovery of specific personal property, delivering the property to the plaintiff and paying to the plaintiff the amount of the small claims fee and service expenses paid by the plaintiff.
 (2) If the defendant denies the claim, the defendant:
 (a) May demand a hearing in the small claims department in a written request to the court in the form prescribed by the court, accompanied by payment of the defendant’s fee prescribed; and
 (b) When demanding a hearing, may assert a counterclaim in the form provided by the court; or
 (c) If the amount or value claimed exceeds $750, may demand a jury trial in a written request to the court in the form prescribed by the court, accompanied by payment of the appearance fee prescribed by ORS 51.310 (1)(b) together with the trial fee prescribed by ORS 52.410. The request shall designate a mailing address to which a summons and copy of the complaint may be served by mail. Thereafter, the plaintiff’s claim will not be limited to the amount stated in the claim, though it must involve the same controversy. [1989 c.583 §6; 1995 c.227 §3]
 Section 55.075 - Time and place of hearing; procedure if right to jury trial asserted; fees.
 (2) If the defendant asserts a counterclaim, the notice of the hearing time shall contain a copy of the counterclaim.
 (3) If the defendant claims the right to a jury trial, the court shall notify the plaintiff to file a formal complaint within 20 days following the mailing of such notice. The notice shall instruct the plaintiff to serve a summons and copy of the complaint by mail on the defendant at the designated address of the defendant. Proof of service of the summons and complaint copy may be made by certificate of the plaintiff or plaintiff’s attorney attached to the complaint prior to its filing. The plaintiff’s claim in such formal complaint is not limited to the amount stated in the claim filed in the small claims department but it must involve the same controversy. The defendant shall have 10 days in which to move, plead or otherwise appear following the day on which the summons and copy of the complaint would be delivered to the defendant in due course of mail. Thereafter, the cause shall proceed as other causes in the justice court, and costs and disbursements shall be allowed and taxed and fees not previously paid shall be charged and collected as provided in ORS 51.310 and 52.410 for other cases tried in justice court, except that the appearance fee for plaintiff shall be an amount equal to the difference between the fee paid by the plaintiff as required by ORS 51.310 (1)(c) and the fee required of a plaintiff by ORS 51.310 (1)(a). [1989 c.583 §8]
 Section 55.077 - Additional time for appearances; default and dismissal.
 (2) If the defendant fails to pay the claim, demand a hearing or demand a jury trial, upon written request from the plaintiff, the court shall enter a judgment against the defendant for the relief claimed plus the amount of the small claims fee and service expenses paid by the plaintiff.
 (3) If the plaintiff fails within the time provided to file a formal complaint pursuant to ORS 55.075 (3), the court shall:
 (a) Dismiss the case without prejudice; and
 (b) If the defendant applies therefor in writing to the court not later than 30 days after the expiration of the time provided for the plaintiff to file a formal complaint, refund to the defendant the amount of the jury trial fee paid by the defendant under ORS 55.065 (2)(c).
 (4) If the defendant appears at the time set for hearing but no appearance is made by the plaintiff, the claim shall be dismissed with prejudice. If neither party appears, the claim shall be dismissed without prejudice.
 (5) Upon good cause shown within 60 days, the court may set aside a default judgment or dismissal and reset the claim for hearing. [1989 c.583 §9]
 Section 55.080 - Formal pleadings unnecessary; issuance of attachment, garnishment or execution; costs of execution taxable.
 Section 55.090 - Appearance by parties and attorneys; witnesses.
 (2) Notwithstanding ORS 9.320, a party that is not a natural person, state or any city, county, district or other political subdivision or public corporation in this state may appear as a party to any action in the department without appearance by attorney.
 (3) When spouses are both parties to an action, one spouse may appear on behalf of both spouses in mediation or litigation in the small claims department:
 (a) With the written consent of the other spouse; or
 (b) If the appearing spouse declares under penalty of perjury that the other spouse consents. [Amended by 1973 c.625 §4; 1987 c.158 §8; 1993 c.282 §3; 1997 c.808 §9; 2015 c.7 §4; 2017 c.268 §2]
 Section 55.095 - Counterclaim; procedure; fee; transfer of jurisdiction.
 (2) If the amount of the counterclaim asserted by the defendant exceeds $10,000, the justice of the peace shall strike the counterclaim and proceed to hear and dispose of the case as though the counterclaim had not been asserted unless the defendant files with the counterclaim a motion requesting that the case be transferred from the small claims department to a court of appropriate jurisdiction and an amount to pay the costs of the transfer. After the transfer the plaintiff’s claim will not be limited to the amount stated in the claim filed with the justice of the peace, though it must involve the same controversy.
 (3)(a) If the amount or value of the counterclaim exceeds the jurisdictional limit of the justice court for a counterclaim and the defendant files a motion requesting transfer and an amount to pay the costs of transfer as provided in subsection (2) of this section, the case shall be transferred to the circuit court for the county in which the justice court is located and be governed as provided in ORS 52.320 for transfers to the circuit court. The justice court shall notify the plaintiff and defendant, by mail within 10 days following the order of transfer, of the transfer. The notice to the plaintiff shall contain a copy of the counterclaim and shall inform the plaintiff as to further pleading by the plaintiff in the court of appropriate jurisdiction.
 (b) Upon filing the motion requesting transfer, the defendant shall pay to the court of appropriate jurisdiction an amount equal to the difference between the fee paid by the defendant as required by ORS 51.310 (1)(c) and the appearance fee for a defendant in the court of appropriate jurisdiction. [1977 c.875 §22; 1981 s.s. c.3 §96; 1983 c.673 §8; 1985 c.367 §4; 1987 c.725 §4; 1987 c.829 §3; 1989 c.583 §7; 1995 c.658 §65; 1997 c.801 §109; 1999 c.84 §6; 2007 c.125 §6; 2011 c.595 §53a]
 Section 55.100 - Payment of judgment.
 Section 55.110 - Conclusiveness of judgment; appeal; costs and fees on appeal.
 Section 55.120 - Form of appeal; bond; proceedings in circuit court; no further appeal.
 ______________________________________________________________________________
 In the Circuit Court for ______ County, Oregon.
 ____________
 Plaintiff,
 vs.
 ____________
 Defendant.
 Comes now_____, a resident of _____ County, Oregon, and appeals from the decision of the small claims department of the justice court for ______ District, ______County, Oregon, wherein a judgment for ______ dollars was awarded against the appellant on the ______ day of______, 2__.
 ____________, Appellant.
 ______________________________________________________________________________
 (2) All appeals shall be filed with the justice of the peace and accompanied by a bond, with satisfactory surety, to secure the payment of the judgment, costs and attorney’s fees, as provided in ORS 55.110. The appeal shall be tried in the circuit court without any other pleadings than those required in the justice court originally trying the cause. All papers in the cause shall be certified to the circuit court as is provided by law in other cases of appeals in civil actions in justice courts. The circuit court may require any other or further statements or information it may deem necessary for a proper consideration of the controversy. The appeal shall be tried in the circuit court without a jury. There shall be no appeal from any judgment of the circuit court rendered upon the appeal, but such judgment shall be final and conclusive. [Amended by 1977 c.875 §18; 1985 c.342 §11; 2005 c.22 §38]
 Section 55.130 - Enforcement of judgment when no appeal is taken; fees.
 ______________________________________________________________________________
 In the Justice Court for ______ District, ______County, Oregon.
 ____________
 Plaintiff,
 vs.
 ____________
 Defendant.
 In the Small Claims Department
 This is to certify that in a certain action before me, the undersigned, had on this, the _____ day of_____, 2__, wherein ______ was plaintiff and _________ was defendant, jurisdiction of the defendant having been had by personal service (or otherwise), as provided by law, I then and there entered judgment against the (defendant or plaintiff) in the sum of ___ dollars, which judgment has not been paid.
 Witness my hand this ___ day of______, 2__.
 __________________
 Justice of the Peace
 Sitting in the Small
 Claims Department.
 ______________________________________________________________________________
 (2) Upon the payment of a fee of $9, the justice of the peace shall forthwith enter the judgment transcript on the docket of the justice court. Thereafter execution and other process on execution provided by law may issue thereon as in other cases of judgments of justice courts, and transcripts of the judgments may be filed and entered in judgment dockets in circuit courts with like effect as in other cases. [Amended by 1965 c.619 §30; 1977 c.875 §19; 1987 c.829 §4; 1997 c.801 §134; 2015 c.623 §5]
 Section 55.140 - Separate docket for small claims department.
 Volume : 02 - Business Organizations, Commercial Code
 Chapter 056 - Duties of Secretary of State
 Section 56.006 - "Office" defined.
 Section 56.014 - Secretary of State as filing officer; duties.
 (2) The duties, powers and authority of the Secretary of State under this chapter apply to the Secretary of State’s functions under ORS chapters 58, 60, 62, 63, 65, 67, 70, 554, 647 and 648 and ORS 128.560 to 128.600, 649.010 to 649.080, 649.990 and 661.210 to 661.280. [1987 c.414 S.55; 1993 c.66 §1; 1995 c.215 §1; 1995 c.689 §34; 1997 c.775 §86; 1999 c.652 §1]
 Section 56.016 - Filing facsimile transmissions and other reproductions of documents; rules; fees.
 (a) A document may be delivered to the office of the Secretary of State for filing by electronic facsimile transmission if the original document is otherwise acceptable for filing.
 (b) Any other reproduction of a document may be delivered to the office of the Secretary of State for filing if the original document is otherwise acceptable for filing.
 (c) A document delivered under paragraph (a) or (b) of this subsection need not be accompanied by a true copy of the document. After filing a document delivered under paragraph (a) or (b) of this subsection, the Secretary of State shall return an acknowledgment of filing to the domestic or foreign business entity or its representative.
 (2) Subsection (1) of this section applies only to documents delivered to the office of the Secretary of State for filing under ORS chapters 58, 60, 62, 63, 65, 67, 70, 554, 647 and 648 and ORS 128.560 to 128.600, 649.010 to 649.080, 649.990 and 661.210 to 661.280.
 (3) The Secretary of State by rule may establish fees for receiving and sending acknowledgment of filing of documents delivered for filing under this section. [1993 c.66 §§4,14; 1995 c.215 §2; 1995 c.689 §35; 1997 c.775 §87; 1999 c.486 §1; 1999 c.652 §2]
 Section 56.018 - Power of Secretary of State in performing business registry functions.
 (1) To organize and reorganize, as necessary, the Office of Secretary of State as the Secretary of State deems necessary to conduct and administer the business registry functions.
 (2) To appoint all subordinate officers and employees of the Secretary of State’s office and prescribe their duties and fix their compensation, subject to the applicable provisions of the State Personnel Relations Law. Subject to any other applicable law regulating travel expenses, the officers and employees of the office engaging in business registry functions shall be allowed such reasonable and necessary travel and other expenses as may be incurred in the performance of their duties. [1963 c.580 §13; 1987 c.414 §56; 1993 c.66 §2]
 Section 56.022 - Authority of Secretary of State to carry out business registry functions; rules.
 Section 56.023 - Approval of name of entity by Director of Department of Consumer and Business Services required in certain business registry filings; exception.
 (2) The provisions of subsection (1) of this section do not apply if the Secretary of State is satisfied that the name at issue is in a context clearly not purporting to refer to a banking or other financial activity or not likely to mislead the public about the nature of the business or lead to a pattern and practice of abuse that might cause harm to the interests of the public or the State of Oregon as determined by the Secretary of State. [2001 c.315 §42]
 Section 56.025 - Designation of persons to sign papers.
 Section 56.035 - Documents filed with Secretary of State; verification.
 (2) The Secretary of State, before filing a document that a person submits for filing, may verify that the principal office address, the registered office address, the records office address described in ORS 70.020 or the principal address described in ORS 648.010 for an entity that has an assumed business name as listed in the document is a physical street address and not a commercial mail receiving agency, a mail forwarding business or a virtual office. [1971 c.200 §2; 2013 c.158 §17; 2017 c.705 §7]
 Section 56.037 - Authority of Secretary of State to refuse to file documents.
 (2) For purposes of this section, "redacted" means altered or truncated so that not more than the last four digits of a number are accessible. [2007 c.186 §2]
 Section 56.041 - Operating Account.
 (2) The net amount accruing to the Secretary of State from all fees, charges, interest, fines, penalties and miscellaneous revenues from all sources relating to business registry functions, and moneys received by the Secretary of State under ORS chapters 79 and 194 and ORS 80.100 to 80.130, 87.246, 87.767 and 87.806 to 87.831 shall, after deduction of refunds, be paid over to the State Treasurer and deposited at least monthly in the Operating Account.
 (3) Moneys deposited to the credit of the Operating Account are continuously appropriated to the Secretary of State for the expenses of carrying out the functions and duties of the Secretary of State relating to business registry, and the functions and duties of the Secretary of State under ORS chapters 79 and 194 and ORS 56.200 to 56.209, 80.100 to 80.130, 87.246, 87.767 and 87.806 to 87.831.
 (4) At the end of each month, the Secretary of State shall determine the number of business registry filings during the month for which the Secretary of State collected the fees described in ORS 56.140 (1) to (4). An amount equal to $20 for each of those filings shall be deposited by the Secretary of State in the Operating Account. The Secretary of State shall then deposit all other moneys from the fees collected during the month under ORS 56.140 (1) to (4) in the General Fund. Amounts deposited to the General Fund under this subsection are available for general governmental expenses. [1961 c.280 §10; 1963 c.551 §16; 1981 c.633 §1; 1987 c.58 §12; 1987 c.414 §140; 1991 c.132 §1; 1991 c.425 §9; 1993 c.66 §7; 1999 c.652 §4; 2001 c.445 §160; 2003 c.785 §7; 2009 c.745 §13; 2013 c.699 §6]
 Section 56.050 - Copies of records as evidence.
 Section 56.060 - Records of Secretary of State.
 Section 56.080 - Withdrawal of certificates issued and filings accepted; withdrawal from filing.
 (2) The secretary, within one year after a filing, may withdraw from filing any document the secretary filed if the person that submitted the document advises the office that the document was submitted prematurely or by inadvertence or mistake. The person that requests the withdrawal shall accompany the request with a written statement that reflects the basis of the person’s authority to request the withdrawal.
 (3) The secretary, within one year after a filing, may withdraw from filing any document the secretary filed if an authorized representative of the business on behalf of which the document was filed advises the office that the document was submitted in error. The person that requests the withdrawal shall accompany the request with a notarized affidavit that states the basis of the person’s authority to request the withdrawal.
 (4) The secretary may withdraw without notice or hearing a certificate that the secretary issued or a document the secretary filed if the fee was paid with a check that was returned to the office for lack of sufficient funds. The withdrawal is retroactive to the date of filing.
 (5) The secretary shall withdraw a certificate the secretary issued or a document the secretary filed if the secretary receives a final written order from the Director of the Department of Consumer and Business Services that establishes that the person named in the certificate or document has violated ORS 705.638, 707.005 or 707.010.
 (6) Any decision under this section may be reviewed in accordance with the provisions of ORS chapter 183.
 (7) A withdrawal of a document from filing under this section is retroactive to the date of the filing but does not relieve a person of any liability the person may have incurred while the document was filed with the office. The Secretary of State is not required to refund any fees paid in conjunction with a document that the secretary withdraws.
 (8) At any time before a delayed effective date specified in a document, the secretary shall withdraw the document at the written request of the person or persons who originally filed the document with the secretary. The document after withdrawal has no further effect and must be treated as if the document had not been filed. The person that requests the withdrawal shall accompany the request with a written statement that reflects the basis of the person’s authority to request the withdrawal. [1967 c.576 §2; 1981 c.633 §2; 1983 c.717 §4; 1985 c.728 §§3,3a; 1987 c.414 §59; 1989 c.1040 §1; 1999 c.652 §6; 2001 c.315 §§39,40; 2009 c.541 §1; 2013 c.158 §18]
 Section 56.100 - Electronic materials not subject to public records law.
 (1) Electronic data processing programs of the office; and
 (2) Electronic media used to record, process or store documents filed with the office under the business registry functions of the office. [1983 c.717 §2a; 1987 c.414 §61]
 Section 56.110 - Evidentiary effect of certificates and other documents issued by Secretary of State.
 Section 56.140 - Fees; waiver; rules.
 (a) Articles of incorporation delivered for filing under ORS 58.085.
 (b) Articles of incorporation delivered for filing under ORS 60.051.
 (c) Articles of incorporation delivered for filing under ORS 62.511.
 (d) Articles of organization delivered for filing under ORS 63.051.
 (e) Applications for registration delivered for filing under ORS 67.603.
 (f) Certificates of limited partnership delivered for filing under ORS 70.075.
 (g) Trust documents delivered for filing under ORS 128.575.
 (h) Articles of incorporation delivered for filing under ORS 554.020.
 (2) The Secretary of State shall collect a nonrefundable fee of $100 for annual reports delivered for filing by an entity subject to a fee under subsection (1) of this section, and for any other related document that the entity is allowed or required to file with the Secretary of State.
 (3) The Secretary of State shall collect a nonrefundable fee of $275 for each of the following documents delivered to the Secretary of State for filing:
 (a) Applications for authority to transact business in this state delivered under ORS 58.134, 60.707, 63.707 or 67.710.
 (b) Applications for registration under ORS 70.355.
 (c) Annual reports delivered for filing by an entity subject to a fee under paragraph (a) or (b) of this subsection, and for any other related document that the entity is allowed or required to file with the Secretary of State.
 (4) For documents other than those specified in subsections (1), (2) and (3) of this section, except as provided in ORS 65.787 (6), the Secretary of State shall collect a nonrefundable fee of $50 for each document delivered for filing to the Secretary of State as part of the secretary’s business registry functions described in ORS 56.022.
 (5) The Secretary of State by rule may establish fees, in addition to those provided for in subsections (1) to (4) of this section, for:
 (a) Copying any public record maintained by the secretary and relating to the secretary’s business registry functions, and for certifying the copy; and
 (b) Certifying to other facts of record, including certificates of existence, relating to the secretary’s business registry functions.
 (6) The Secretary of State shall collect a nonrefundable fee of $20 each time process that is related to the Secretary of State’s business registry functions is served on the Secretary of State.
 (7) The Secretary of State may waive collection of any fee, charge or interest or portion of a fee, charge or interest that is collectible by the Secretary of State as part of the secretary’s business registry functions.
 (8) The Secretary of State by rule shall establish and collect reasonable fees for the following services relating to the secretary’s business registry functions:
 (a) Computer generated lists on electronic data processing media.
 (b) Terminal access to the files of the office.
 (c) Microfilm records of the files of the office.
 (d) Microfilm processing and development services.
 (e) Copies of the programs and files on paper or electronic data processing media. [1987 c.58 §7; 1987 c.414 §135; 1999 c.652 §7; 2003 c.785 §6; 2009 c.122 §1; 2009 c.745 §11]
 Section 56.160 - Petty cash fund.
 Section 56.180 - Business Registration Information Center; functions; rules.
 (2) The primary functions of the center are:
 (a) To develop a system within the center by which accurate and easily understandable information with respect to the business registration requirements of participating state agencies may be made available to persons undertaking a new business or operating an existing business;
 (b) To establish a business portal as provided in subsection (3) of this section; and
 (c) To advertise and make the business portal described in subsection (3) of this section and information described in this subsection available to all persons who request the information.
 (3)(a) The center shall establish, maintain and update a business portal called the "One Stop Shop for Oregon Business" that is accessible through the Internet and that provides information, services and resources for:
 (A) Starting, expanding and operating a business in Oregon or relocating a business within or to Oregon;
 (B) Understanding state and local government rules, ordinances and policies that apply to business;
 (C) Understanding how to classify a business for registration purposes;
 (D) Registering, licensing and obtaining needed permits for a business;
 (E) Obtaining information about financing and tax credits available to businesses;
 (F) Understanding business taxes and rules and policies concerning taxation that apply to businesses;
 (G) Obtaining information about and assistance with exporting;
 (H) Obtaining information about and resources for hiring workers in Oregon;
 (I) Obtaining information about public contracting;
 (J) Obtaining information about and resources for business relocation;
 (K) Obtaining information about and assistance with training for businesses; and
 (L) Obtaining other information, services and resources related to business in Oregon.
 (b) All agencies of state government, as defined in ORS 174.111, and local government, as defined in ORS 174.116, that have functions related to business registration, licensing, permitting or taxation or that otherwise can provide information for or assist with establishing, expanding, operating or relocating a business are directed to cooperate with and assist the center in performing the center’s duties under subsection (3) of this section.
 (4) The Secretary of State may adopt rules necessary to implement the provisions of subsection (3) of this section. [1993 c.805 §5; 2003 c.7 §1; 2011 c.677 §1]
 Section 56.185 - Oregon License Directory database; reports required; updates; rules.
 (a) "Local agency" means every county, city, school district, municipal organization, district or political subdivision, or any board, commission or agency thereof, or any other local public agency.
 (b) "Small business" means a prospective, new or established business with 100 or fewer employees that is or will be located in Oregon.
 (c) "State agency" means every state office, department, division, bureau, board or commission or any other state agency.
 (2) The Secretary of State shall maintain the Oregon License Directory as a searchable, statewide database containing information regarding licenses, permits and registrations for which fees and fee-related regulations are imposed on small businesses by local agencies and state agencies in Oregon. The Secretary of State shall make the Oregon License Directory available on the Internet to the public free of charge.
 (3) All local agencies and state agencies that have functions related to the issuance of licenses, permits and registrations for which fees and fee-related regulations are imposed on small businesses must:
 (a) Report information in a manner to be designated by the Secretary of State by rule for inclusion in the Oregon License Directory, including but not limited to information regarding the average time to process and issue licenses, permits and registrations for which fees are imposed on small businesses and the number of active licenses, permits and registrations; and
 (b) Review and update the information required under paragraph (a) of this subsection on or before July 1, but not later than September 1, of each year.
 (4) The Secretary of State may adopt rules necessary to implement the provisions of this section. [2013 c.580 §1]
 Note: 56.185 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 56 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 Section 56.200 - Definitions for ORS 56.200 to 56.209.
 (1) "Business" means any corporation, partnership, company, cooperative, sole proprietorship or other legal entity organized or operating for pecuniary or nonpecuniary gain.
 (2) "Local government" has the meaning given that term in ORS 174.116.
 (3) "Small business" means a prospective, new or established business with 100 or fewer employees that is or will be located in Oregon.
 (4) "State agency" means an agency of the executive department, as defined in ORS 174.112. [2013 c.699 §2; 2016 c.25 §1]
 Section 56.203 - Office of Small Business Assistance; functions; confidentiality; rules.
 (2) The Office of Small Business Assistance shall:
 (a) Assist state agencies with regulatory authority over small businesses to ensure that small businesses that are subject to audit, on-site inspection, compliance monitoring or compliance assistance efforts by state agencies, or that receive enforcement-related communications from or have contacts with state agencies with regulatory authority over small businesses, are provided with the means to comment on these interactions with state agencies.
 (b) Work with state agencies for the purpose of facilitating interactions between small businesses and state agencies, including but not limited to obtaining timely responses to small business inquiries and requests, and resolving issues that arise in the administrative, regulatory and enforcement functions of state agencies with respect to small businesses.
 (c) Work with small businesses and state agencies to identify and recommend efficient, responsive and nonretaliatory processes for:
 (A) Receiving concerns or complaints from small businesses regarding interactions with state agencies;
 (B) Participation of small businesses in general studies, conferences, inquiries or meetings that would improve the functioning of state agencies with regulatory authority over small businesses;
 (C) Identifying causes of unnecessary delays, inconsistencies in the administrative, regulatory and enforcement functions of state agencies and inefficient uses of state resources; and
 (D) Making recommendations for resolving issues and disputes that arise in the context of interactions between state agencies and small businesses.
 (d) Upon receipt of a question from a small business relating to any aspect of starting, operating or winding up a small business, direct or refer the small business to an appropriate resource to answer the question.
 (e) Work with small businesses and local governments for the purpose of facilitating interactions between small businesses and local governments, including but not limited to resolving issues that arise in the administrative, regulatory and enforcement functions of local governments with respect to small businesses.
 (f) Work with small businesses and local governments to identify and recommend ways to improve processes and functions of local governments with respect to the interaction between local governments and small businesses, including but not limited to conducting general studies, conferences, inquiries or meetings.
 (3) All state agencies shall cooperate with and assist the Office of Small Business Assistance in the performance of its duties and functions.
 (4)(a) Public records prepared by or received by the Office of Small Business Assistance under subsection (2) of this section or ORS 56.206 are confidential and exempt from disclosure by the Office of Small Business Assistance under ORS 192.311 to 192.478, except for reports required under ORS 56.206.
 (b) Communications to and from the Office of Small Business Assistance are confidential and exempt from disclosure under ORS 192.311 to 192.478.
 (c) As used in this subsection, "public record" has the meaning given that term in ORS 192.311.
 (5) The Secretary of State may adopt rules necessary to implement the provisions of ORS 56.200 to 56.209. [2013 c.699 §3; 2016 c.25 §2; 2017 c.217 §1]
 Section 56.204 - Response to requests for assistance; data compilations.
 (a) Within 30 days after a request for assistance from a small business or local government, notify the requester of whether the office will work with the requester.
 (b) Upon inquiry, inform the requester of the status of the office’s work.
 (c) Notify the requester upon completing its work.
 (2) In performing its duties under ORS 56.203 (2)(f), the office may compile statistical data or compile reports regarding requests for assistance or other communications that the office receives from small businesses or local governments. [2016 c.25 §4]
 Section 56.206 - Reviews and investigations of complaints; conditions for review; notice; recommendations; report.
 (2) The office may not review and investigate a complaint under this section if the office determines that:
 (a) The complainant could reasonably be expected to use, or is using, an alternative remedy or recourse for the complaint;
 (b) The complaint relates to a matter outside the jurisdiction of the office;
 (c) The complaint was delayed too long to justify review and investigation;
 (d) The complainant does not have sufficient personal interest in, or is not personally aggrieved or affected by the subject matter of, the complaint;
 (e) The complaint is trivial, frivolous, vexatious or not made in good faith;
 (f) The resources of the office are insufficient for adequate review and investigation of the complaint;
 (g) The review and investigation of other complaints take precedence over the review and investigation of the complaint; or
 (h) The complaint is the subject of pending litigation, a pending contested case proceeding under ORS chapter 183 or an agency action that could result in a contested case proceeding under ORS chapter 183.
 (3) The office shall notify a complainant as to whether the office will review and investigate the complaint within 30 days of receiving the complaint.
 (4) If the office has undertaken a review and investigation of the complaint:
 (a) Upon the complainant’s request, the office shall inform the complainant of the status of the review and investigation; and
 (b) Upon conclusion of the review and investigation, the office shall:
 (A) Inform the complainant of the office’s conclusions and recommendations; and
 (B) Provide the complainant with a copy of the report prepared under subsection (6) of this section.
 (5) The office may make recommendations to a state agency for resolution of a complaint made under this section and work with the agency to resolve the complaint. The office may also contact and discuss a complaint with the administrative head of any state agency, any state agency manager, the Governor or any member of the public for the purpose of obtaining the cooperation and assistance of a state agency with the complaint resolution process.
 (6)(a) Upon completing the review and investigation of a complaint under this section, the office shall prepare a report containing the office’s conclusions and recommendations.
 (b) Before finalizing, and providing copies of, the report prepared under this subsection, the office shall provide the state agency that is the subject of the report with a preliminary report.
 (c) Upon receipt of the preliminary report, the state agency shall have not more than 15 days to comment on the report.
 (d) If the state agency chooses to comment on the preliminary report, the final report shall include a section that contains the agency’s comments.
 (e) The office shall provide copies of the final report prepared under this subsection to the Secretary of State. [2013 c.699 §4]
 Section 56.209 - Protections for persons making complaints.
 Chapter 057 - (Former Provisions)
 Section 57.015
 Section 57.540
 Section 57.545
 Section 57.605
 Section 57.772
 Section 57.830
 Chapter 058 - Professional Corporations
 Section 58.005 - Short title.
 Section 58.015 - Definitions.
 (1) "Foreign professional corporation" means a professional corporation organized under laws other than the laws of this state.
 (2) "License" includes a license, certificate of registration, permit or other legal authorization required by law as a condition precedent to the rendering of professional service or services within this state.
 (3) "Oregon Business Corporation Act" has the same meaning given that term in ORS 60.951.
 (4) "Practicing medicine" has the meaning given that term in ORS 677.085.
 (5) "Professional" means:
 (a) Accountants licensed under ORS 673.010 to 673.465 or the laws of another state;
 (b) Architects registered under ORS 671.010 to 671.220 or licensed or registered under the laws of another state;
 (c) Attorneys licensed under ORS 9.005 to 9.757 or the laws of another state;
 (d) Chiropractors licensed under ORS chapter 684 or the laws of another state;
 (e) Dentists licensed under ORS chapter 679 or the laws of another state;
 (f) Landscape architects licensed under ORS 671.310 to 671.459 or the laws of another state;
 (g) Naturopaths licensed under ORS chapter 685 or the laws of another state;
 (h) Nurse practitioners licensed under ORS 678.010 to 678.410 or the laws of another state;
 (i) Psychologists licensed under ORS 675.010 to 675.150 or the laws of another state;
 (j) Physicians licensed under ORS chapter 677 or the laws of another state;
 (k) Medical imaging licensees under ORS 688.405 to 688.605 or the laws of another state;
 (L) Real estate appraisers licensed or certified under ORS chapter 674 or the laws of another state; and
 (m) Other persons providing to the public types of personal service or services substantially similar to those listed in paragraphs (a) to (L) of this subsection that may be lawfully rendered only pursuant to a license.
 (6) "Professional corporation" or "domestic professional corporation" means a corporation organized under this chapter for the specific purpose of rendering professional service or services and for such other purposes provided under this chapter.
 (7) "Professional service" means personal service or services rendered in this state to the public which may be lawfully rendered only pursuant to a license by a professional.
 (8) "Regulatory board" means the governmental agency of the State of Oregon required or authorized by law to license and regulate the rendering of a professional service or services for which a professional corporation is organized. [1969 c.592 §2; 1971 c.362 §3; 1985 c.728 §42; 1985 c.764 §3; 1987 c.94 §14; 1993 c.235 §1; 1997 c.774 §1; 2003 c.14 §24; 2005 c.254 §11; 2009 c.833 §27; 2013 c.129 §21; 2013 c.196 §16]
 Section 58.035 - Application to persons licensed to render professional services.
 Section 58.037 - Application to joint and several liability of shareholders of corporation organized under ORS chapter 60 for purpose of rendering professional services; exemption; application to architects.
 (a) The professional’s regulating board authorized incorporation under ORS chapter 60; and
 (b) The corporation was incorporated under ORS chapter 60.
 (2) Notwithstanding subsection (1) of this section, architects registered under ORS 671.010 to 671.220 may organize as corporations under ORS chapter 60 or this chapter and shall be subject solely to the provisions of the chapter under which they are organized. [1993 c.235 §11; 1995 c.327 §3; 1997 c.774 §2; 2013 c.196 §17]
 Section 58.045 - Application of general corporation law and merger and conversion provisions.
 (2) Subject to the limitations of ORS 58.196, all provisions of the Oregon Business Corporation Act governing mergers and conversions apply to domestic and foreign professional corporations. [1969 c.592 §5; 1987 c.94 §15; 1999 c.362 §1]
 Section 58.048 - When appearance by attorney not required.
 Section 58.076 - Purposes for which professional corporation may be organized.
 (2) A corporation may elect professional corporation status under ORS 58.085 for the purpose of rendering professional service or services within two or more professions, and for the purpose of engaging in any lawful business authorized by ORS 60.074, to the extent the combination of professional purposes or of professional and business purposes is expressly authorized by the regulatory board in this state applicable to each profession in the combination. [1993 c.235 §26]
 Section 58.085 - Who may incorporate; contents of articles of incorporation.
 (1) The professional service or services to be rendered through the corporation.
 (2) Any other business purposes permitted under ORS 58.076. [1969 c.592 §7; 1971 c.200 §4; 1985 c.764 §4; 1987 c.94 §123a; 1993 c.235 §3; 1997 c.774 §5]
 Section 58.087 - When restatement of articles of incorporation required.
 Section 58.101 - Term of office for directors; classes.
 (2) If the articles of incorporation or bylaws specify a length for the term of office of director other than that provided in ORS 60.314, the bylaws may divide the directors into classes and may assign to each class a different initial term of office so that the terms of office of the classes expire at staggered intervals. Each class shall be as nearly equal in number as possible. At the annual meeting at the time of which the term of office of the directors in a class expires, the number of directors equal to the number of the class whose term expires at the time of the meeting shall be elected to hold office for the term specified in the articles of incorporation or bylaws. [1983 c.172 §2; 1987 c.94 §16]
 Section 58.115 - Corporate name.
 Section 58.129 - Requirements to transact business in this state.
 (a) Approval from the regulatory board of each professional service which will be rendered in this state before offering or rendering the service in this state; and
 (b) Authorization to transact business in this state from the Secretary of State.
 (2) A foreign professional corporation may not obtain authority to transact business in this state, unless:
 (a) The name of the corporation satisfies the requirements of ORS 58.115; and
 (b) It complies with ORS 58.076. [1987 c.94 §20; 1993 c.235 §6]
 Section 58.134 - Application for authority to transact business.
 (1) The professional service or services to be rendered in this state through the foreign professional corporation; and
 (2) Any other business purposes permitted under ORS 58.076. [1987 c.94 §21; 1993 c.235 §7; 1999 c.486 §2]
 Section 58.136 - Amended application for authority to transact business.
 Section 58.141 - Rights and duties of foreign professional corporation and shareholders; authority to transact business.
 (2) A foreign professional corporation shareholder who practices within this state has the same but no greater rights and the same but no greater privileges as a domestic professional corporation shareholder and, except as otherwise provided in this chapter, is subject to the same duties, restrictions, penalties and liabilities imposed on a domestic professional corporation shareholder.
 (3) The filing by the Secretary of State of an application or amendment to the application for authority to transact business shall constitute authorization to transact business in this state, subject to the approval by the applicable regulatory board or boards and subject to the right of the Secretary of State to revoke the authorization. [1993 c.235 §30]
 Section 58.156 - Method by which professional corporation to render services; exceptions.
 (2) Subsection (1) of this section does not:
 (a) Require a person employed by a professional corporation to be licensed to perform services for such corporation if a license is not otherwise required;
 (b) Prohibit a licensed person from rendering professional service or services in the person’s individual capacity although the person is a shareholder, director, officer, employee or agent of a domestic or foreign professional corporation; or
 (c) Prohibit a person licensed in another state from rendering professional service or services for a domestic or foreign professional corporation in this state if not prohibited by the applicable regulatory board. [1993 c.235 §25]
 Section 58.165 - Fees collected by corporation; compensation to person rendering services.
 Section 58.185 - Liabilities of employees, shareholders and the corporation.
 (a) "Licensed Oregon shareholder" means a shareholder of a professional corporation who holds a license to render the specified professional services of the corporation and who practices more than incidentally in this state.
 (b) "Specified professional services" means, for each professional corporation, the professional service or services to be rendered through the professional corporation as specified in its articles of incorporation.
 (2) This chapter does not affect the law applicable to the professional relationship between a person rendering professional service or services and a person receiving the service or services, and it does not affect the standards of professional conduct of a profession.
 (3) In the rendering of specified professional services on behalf of a domestic professional corporation to a person receiving the service or services, a shareholder of the corporation is personally liable as if the shareholder were rendering the service or services as an individual, only for negligent or wrongful acts or omissions or misconduct committed by the shareholder, or by a person under the direct supervision and control of the shareholder.
 (4) A licensed Oregon shareholder of a domestic professional corporation shall be jointly and severally liable with all other licensed Oregon shareholders of the corporation only for the negligent or wrongful acts or omissions or misconduct committed in the rendering of specified professional services on behalf of the corporation to persons who were intended to benefit from the service or services.
 (5) Joint and several liability under subsection (4) of this section shall be only for professional services rendered on behalf of the corporation that affect a claim, transaction or proceeding in this state. A licensed Oregon shareholder shall not be jointly and severally liable for the negligent or wrongful acts or omissions or misconduct committed in this state by an employee or shareholder who is not licensed to render the specified professional services in this state where the acts or omissions or misconduct are committed only incidentally in this state and affect only a claim, transaction or proceeding in another state. Joint and several liability under subsection (4) of this section for all claims made against a licensed Oregon shareholder during a calendar year shall not exceed $300,000. The total joint and several liability under subsection (4) of this section for a single claim made against one or more licensed Oregon shareholders of a domestic professional corporation during a calendar year shall not exceed $2 million. If the number of licensed Oregon shareholders of a domestic professional corporation multiplied by $300,000 equals an amount that is less than $2 million, the total joint and several liability for a single claim made against one or more licensed Oregon shareholders of that professional corporation during a calendar year shall not exceed an amount equal to $300,000 multiplied by the number of licensed Oregon shareholders. The joint and several liability described in subsection (4) of this section applies only to those licensed Oregon shareholders who are shareholders at the time the negligent or wrongful acts or omissions or misconduct occurred. Two or more claims arising out of a single negligent or wrongful act or omission or misconduct or arising out of a series of related negligent or wrongful acts or omissions or misconduct shall be considered to have been first made at the time the earliest claim arising out of any such negligent or wrongful act or omission or misconduct was first made. A claim shall be considered made when the earliest of the following occurs:
 (a) When a legal or equitable proceeding, including arbitration, mediation or a similar proceeding is filed or initiated; or
 (b) When the professional corporation or any shareholder receives notice of a claim.
 (6) In the rendering of specified professional services on behalf of a foreign professional corporation to a person receiving the service or services, a shareholder of the corporation is personally liable as if the shareholder were rendering the service or services as an individual, only for negligent or wrongful acts or omissions or misconduct committed by the shareholder, or by a person under the direct supervision and control of the shareholder.
 (7) A licensed Oregon shareholder of a foreign professional corporation shall be jointly and severally liable with all other licensed Oregon shareholders of the corporation only for the negligent or wrongful acts or omissions or misconduct that affect a claim, transaction or proceeding in this state committed in the rendering of the specified professional services on behalf of the corporation to persons who were intended to benefit from the service or services.
 (8) Joint and several liability under subsection (7) of this section shall be only for professional services rendered on behalf of the corporation that affect a claim, transaction or proceeding in this state. A licensed Oregon shareholder shall not be jointly and severally liable for the negligent or wrongful acts or omissions or misconduct committed in this state by an employee or shareholder who is not licensed to render the specified professional services in this state where the acts or omissions or misconduct are committed only incidentally in this state and affect only a claim, transaction or proceeding in another state. Joint and several liability under subsection (7) of this section for all claims made against a licensed Oregon shareholder during a calendar year shall not exceed $300,000. The total joint and several liability under subsection (7) of this section for a single claim made against one or more licensed Oregon shareholders of a foreign professional corporation during a calendar year shall not exceed $2 million. If the number of licensed Oregon shareholders of a foreign professional corporation multiplied by $300,000 equals an amount that is less than $2 million, the total joint and several liability for a single claim made against one or more licensed Oregon shareholders of that foreign professional corporation during a calendar year shall not exceed an amount equal to $300,000 multiplied by the number of licensed Oregon shareholders. The joint and several liability described in subsection (7) of this section applies only to those licensed Oregon shareholders who are shareholders at the time the negligent or wrongful acts or omissions or misconduct occurred. Two or more claims arising out of a single negligent or wrongful act or omission or misconduct or arising out of a series of related negligent or wrongful acts or omissions or misconduct shall be considered to have been first made at the time the earliest claim arising out of any such negligent or wrongful act or omission or misconduct was first made. A claim shall be considered made when the earliest of the following occurs:
 (a) When a legal or equitable proceeding, including arbitration, mediation or a similar proceeding is filed or initiated; or
 (b) When the professional corporation or any shareholder receives notice of a claim.
 (9) The proceeds from any insurance policy maintained by a domestic or foreign professional corporation for the purpose of protecting the professional corporation, its shareholders or employees from liability arising from the negligent or wrongful acts or omissions or misconduct of shareholders or employees in connection with the rendering of the specified professional services shall first be applied to the joint and several liability of licensed Oregon shareholders who do not have liability under subsection (3) or (6) of this section. If the proceeds are not sufficient to satisfy the joint and several liability of the licensed Oregon shareholders who do not have liability under subsection (3) or (6) of this section, the insurance proceeds shall be applied on a pro rata basis to reduce the joint and several liability of such licensed Oregon shareholders.
 (10) Notwithstanding subsections (3) to (9) of this section, the corporation shall be liable for its acts in the same manner and to the same extent as any corporation organized under the Oregon Business Corporation Act. However, the shareholders, directors, officers, employees and agents of the corporation are not personally liable for the debts or other contractual obligations of the corporation, except as provided in ORS 60.151 (1).
 (11) A shareholder of a professional corporation shall not be jointly and severally liable solely by reason of being a shareholder of such professional corporation except as expressly provided in this section. [1969 c.592 §15; 1987 c.94 §18; 1993 c.235 §9; 1995 c.684 §1; 1997 c.774 §7]
 Section 58.187 - Revision of limitations on liability in ORS 58.185 to reflect inflation or deflation; rules.
 (2) For purposes of this section:
 (a) The inflation factor shall be a number determined by dividing the June 30 Consumer Price Index immediately preceding the calendar year in which the adjustment shall take effect by the December 31 Consumer Price Index for 1993.
 (b) The "Consumer Price Index" is the Portland Consumer Price Index for All Urban Consumers for All Items, using the 1982-1984 base of 100, as published by the Bureau of Labor Statistics of the United States Department of Labor. If the index is discontinued or no longer published at least semiannually, the Secretary of State shall select an alternative index that, in the discretion of the Secretary of State, reasonably approximates changes in consumer spending power in the Portland, Oregon, metropolitan area. [1993 c.235 §12; 1997 c.774 §8]
 Section 58.196 - Limits on merger.
 (2) Foreign professional corporations and domestic professional corporations that are organized to render the same professional service or services may merge unless the mergers are prohibited by the regulatory boards having jurisdiction of the professional corporations in their respective states of incorporation.
 (3) A domestic professional corporation may merge with one or more domestic professional corporations which are organized to render different professional service or services only if the mergers are expressly authorized by the applicable regulatory boards.
 (4) Foreign professional corporations and domestic professional corporations which are organized to render different professional service or services may merge only if the mergers are expressly authorized by the regulatory boards having jurisdiction of the corporations in their respective states of incorporation. [1993 c.235 §33]
 Section 58.205 - Corporation prohibited from doing acts prohibited to professional licensee.
 Section 58.225 - Annual reports.
 Section 58.300 - Redemption of shares.
 Section 58.325 - Application to professional licensing agencies.
 Section 58.335 - Filing of documents with professional licensing agency; rules.
 Section 58.345 - Registration and renewal with professional licensing agency; fees; rules.
 Section 58.355 - Suspension, revocation or refusal of certificate of registration.
 (a) The revocation or suspension of the license of any officer, director, shareholder or employee not promptly suspended or discharged by the corporation;
 (b) The death of the last remaining shareholder; or
 (c) Upon finding that the holder of or applicant for a certificate has failed to comply with the provisions of this chapter or the regulations prescribed by the regulatory board pursuant to this chapter.
 (2) Before any certificate of registration is denied, suspended or revoked by the regulatory board, notice and hearing shall be provided in accordance with ORS 183.413 to 183.470.
 (3) Except as provided in ORS 58.365, any corporation may appeal from the final order of the regulatory board as provided in ORS 183.480. [1969 c.592 §26; 1973 c.612 §8; 1993 c.235 §22; 2007 c.288 §6]
 Section 58.365 - Oregon State Bar as regulating board for attorneys; appeals from Oregon State Bar to Supreme Court; rules applicable to corporations rendering legal services.
 (2) Appeal under ORS 58.355 from determinations of the Board of Governors of the Oregon State Bar shall be directly to the Supreme Court of the State of Oregon, and the procedure for appeal to the Supreme Court shall be the same as procedure for appeal to the Court of Appeals under ORS 58.355 from decisions of regulatory boards other than the Board of Governors of the Oregon State Bar.
 (3) The Supreme Court of the State of Oregon shall have the power to make rules and regulations regarding certification or registration of corporations organized to provide legal service, not inconsistent with this chapter. [1969 c.592 §27; 1973 c.612 §9; 1993 c.235 §23]
 Section 58.367 - Authority of regulatory board to establish rules affecting professional corporation.
 Section 58.369 - Application of chapter to practice of dentistry.
 Section 58.375 - Requirements for professional corporations organized to practice medicine; application to various entities.
 (a) Physicians who are licensed in this state to practice medicine must hold the majority of each class of shares that are entitled to vote.
 (b) Physicians who are licensed in this state to practice medicine must be a majority of the directors.
 (c) All officers except the secretary and treasurer, if any, must be physicians who are licensed in this state to practice medicine. The same person may hold any two or more offices.
 (d) Except as otherwise provided by law, the Oregon Medical Board may expressly require that physicians who are licensed in this state to practice medicine hold more than a majority of each class of shares that is entitled to vote.
 (e) Except as otherwise provided by law, the Oregon Medical Board may expressly require that physicians who are licensed in this state to practice medicine be more than a majority of the directors.
 (2) A professional corporation may be a shareholder of a professional corporation organized for the purpose of practicing medicine solely for the purpose of effecting a reorganization as defined in the Internal Revenue Code.
 (3)(a) The provisions of subsections (1) and (2) of this section do not apply to:
 (A) A nonprofit corporation that is organized under Oregon law to provide medical services to migrant, rural, homeless or other medically underserved populations under 42 U.S.C. 254b or 254c, as in effect on January 1, 2018;
 (B) A health center that is qualified under 42 U.S.C. 1396d(1)(2)(B), as in effect on January 1, 2018, that operates in compliance with other applicable state or federal law; or
 (C) Except as provided in paragraph (b) of this subsection, a for-profit or nonprofit business entity that is incorporated or organized under the laws of this state, that provides the entirety of the business entity’s medical services through one or more rural health clinics, as defined in 42 U.S.C. 1395x, as in effect on January 1, 2018, and that operates in compliance with state and federal laws that apply to rural health clinics.
 (b) A business entity is exempt under this subsection for a period of up to one year after the business entity establishes a rural health clinic, even though the rural health clinic that the business entity establishes does not meet all of the elements of the definition set forth in 42 U.S.C. 1395x, as in effect on January 1, 2018, if during the one-year period an applicable certification for the rural health clinic is pending. [1997 c.774 §17; 2007 c.557 §1; 2017 c.336 §1]
 Section 58.376 - Requirements for professional corporations organized to render professional health care services.
 (2) In a professional corporation that is organized for the purpose of allowing physicians, physician assistants and nurse practitioners to jointly render professional health care services, licensees must:
 (a) Hold a majority of each class of shares of the professional corporation that is entitled to vote; and
 (b) Be a majority of the directors of the professional corporation.
 (3) An individual whom the professional corporation employs, or an individual who owns an interest in the professional corporation, may not direct or control the professional judgment of a licensee who is practicing within the professional corporation and within the scope of practice permitted under the licensee’s license.
 (4) A licensee whom the professional corporation employs, or a licensee who owns an interest in the professional corporation, may not direct or control the services of another licensee who is practicing within the professional corporation unless the other licensee is also practicing within the scope of practice permitted under the licensee’s license.
 (5) A professional corporation that is subject to ORS 58.375 may elect to become subject to this section by amending the professional corporation’s articles of incorporation or bylaws. [2017 c.179 §2]
 Section 58.377 - Transferee of shares; limit on time as director, officer or shareholder.
 Section 58.379 - Powers of professional corporation organized to practice medicine.
 Section 58.381 - Proxies.
 (a) If the shareholder granting the proxy is a physician licensed in this state to practice medicine, the proxy may be given only to a shareholder of the same corporation who is also a physician licensed in this state to practice medicine, or to an attorney licensed to practice law in this state or another person similarly licensed.
 (b) If the shareholder granting the proxy is not a physician licensed in this state to practice medicine, the proxy may be given only to another shareholder of the same corporation, whether or not the other shareholder is a physician licensed in this state to practice medicine, or to an attorney licensed to practice law in this state or another person similarly licensed.
 (2) No voting trust may be created to vote the shares of a professional corporation organized for the purpose of practicing medicine.
 (3) Two or more shareholders of a professional corporation organized for the purpose of practicing medicine may enter into a voting agreement provided that the voting agreement does not transfer voting rights from a shareholder who is a physician licensed in this state to practice medicine to a shareholder who is not so licensed. Notwithstanding any provision of this subsection, voting rights may be transferred to an attorney licensed to practice law in this state or another person similarly licensed. [1997 c.774 §20]
 Section 58.383 - Issuance, sale, transfer and redemption of shares.
 (2) Subject to subsection (1) of this section, the articles of incorporation, bylaws or agreements among shareholders of a professional corporation organized for the purpose of practicing medicine may provide limitations on the issuance and transferability of shares of the corporation and may provide for the purchase or redemption of shares by the corporation. [1997 c.774 §21]
 Section 58.385 - Disqualification of physician; disposition of shares.
 (2) If a physician practicing medicine on behalf of a professional corporation is disqualified from practicing medicine for six months or less or assumes a public office, the duties of which prohibit practicing medicine for six months or less under the rules of the Oregon Medical Board or other law, the physician may retain ownership of the shares in the corporation and may remain a director and officer of the corporation during the period of disqualification, unless otherwise prohibited under the rules of the Oregon Medical Board or by law. [1997 c.774 §22]
 Section 58.387 - Disposition of shares of deceased shareholder.
 (2) If a deceased shareholder of a professional corporation organized for the purpose of practicing medicine was the only shareholder of the corporation at the time of death, the corporation shall cease to practice medicine as of the date of death of the deceased shareholder unless the corporation has retained the services of another physician licensed in this state to practice medicine. Within six months after the date of death of the deceased shareholder:
 (a) The shares of the deceased shareholder shall be sold to a physician or physicians who are licensed in this state to practice medicine;
 (b) The name of the corporation shall be changed and restated articles adopted, which shall be filed with the Secretary of State in accordance with ORS chapter 60; or
 (c) The corporation shall be dissolved. [1997 c.774 §23]
 Section 58.389 - Price for purchase or redemption of shares of disqualified or deceased shareholder.
 Section 58.400 - Filing requirements.
 (2) This chapter must require or permit filing the document with the Office of Secretary of State.
 (3) The document must contain the information required by this chapter and may contain other information.
 (4) The document must be legible.
 (5) The document must be in the English language. The certificate of existence required of foreign professional corporations need not be in English if accompanied by a reasonably authenticated English translation.
 (6) The document must be executed:
 (a) By the chairperson of the board of directors of a domestic or foreign professional corporation, the corporation’s president or another of the corporation’s officers;
 (b) If directors have not been selected or before the organizational meeting, by an incorporator;
 (c) If the professional corporation is in the hands of a receiver, trustee or other court-appointed fiduciary, by the receiver, trustee or fiduciary; or
 (d) By an agent of a person identified in this subsection, if the person authorizes the agent to execute the document.
 (7) The person that executes the document shall state beneath or opposite the signature the person’s name and the capacity in which the person signs. The document may, but is not required to, contain:
 (a) The corporate seal;
 (b) An attestation by the secretary or an assistant secretary; and
 (c) An acknowledgment, verification or proof.
 (8) If the Secretary of State has prescribed a mandatory form for the document under ORS 58.440, the document must be in or on the prescribed form.
 (9) The document must be delivered to the Office of Secretary of State accompanied by the required fees.
 (10) Delivery of a document to the Office of Secretary of State is accomplished only when the Office of Secretary of State actually receives the document. [1987 c.94 §4; 1999 c.486 §3; 2013 c.159 §1]
 Section 58.410 - Filing, service, copying and certification fees.
 Section 58.420 - Effective time and date of document.
 (2) If a document specifies a delayed effective time and date, the document becomes effective at the time and date specified. If a document specifies a delayed effective date but no time, the document becomes effective on that date. A delayed effective date for a document may not be later than the 90th day after the date it is filed. [1987 c.94 §7]
 Section 58.430 - Correcting filed document.
 (2) A domestic or foreign professional corporation shall correct a document by delivering articles of correction to the Office of Secretary of State. The articles shall include the following:
 (a) A description of the document, including its filing date, or a copy of the document.
 (b) The incorrect statement and the reason it is incorrect, or a description of the manner in which the execution, attestation, seal, verification or acknowledgment is defective.
 (c) A correction of the incorrect statement or defective execution, attestation, seal, verification or acknowledgment.
 (3) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed. [1987 c.94 §8]
 Section 58.440 - Forms; rules.
 Section 58.450 - Filing duty of Secretary of State; rules.
 (2) The Secretary of State files a document by indicating thereon that it has been filed by the Secretary of State and the date of filing. After filing a document, except as provided in ORS 58.225, 60.114, 60.117, 60.724 and 60.727, the Secretary of State shall return an acknowledgment of filing to the professional corporation or its representative.
 (3) If the Secretary of State refuses to file a document, the Secretary of State shall return it to the professional corporation or its representative within 10 business days after the document was delivered together with a brief written explanation of the reason for the refusal.
 (4) The Secretary of State’s duty to file documents under this section is ministerial and is limited in scope of review as set out by rule of the Secretary of State. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any document delivered to the Office of Secretary of State for filing. The Secretary of State’s filing or refusing to file a document does not:
 (a) Affect the validity or invalidity of the document in whole or part; or
 (b) Relate to the correctness or incorrectness of information contained in the document.
 (5) The Secretary of State’s refusal to file a document does not create a presumption that the document is invalid or that information contained in the document is incorrect. [1987 c.94 §9; 1999 c.486 §4]
 Section 58.455 - Penalty for signing false document.
 (a) Knows the document is false in any material respect; and
 (b) Signs the document with an intent that the document be delivered to the office of the Secretary of State for filing under this chapter.
 (2) Signing a false document for filing is a Class A misdemeanor. [2013 c.158 §4]
 Section 58.460 - Appeal from Secretary of State’s refusal to file document.
 Section 58.470 - Evidentiary effect of copy of filed document.
 (2) The provisions of ORS 56.110 apply to all documents filed pursuant to this chapter. [1987 c.94 §11]
 Section 58.480 - Certificate of existence or authorization.
 (2) A certificate of existence or authorization when issued means that:
 (a) The domestic professional corporation’s corporate name or the foreign professional corporation’s corporate name is registered in this state;
 (b) The domestic professional corporation is duly incorporated under the law of this state, or the foreign professional corporation is authorized to transact business in this state;
 (c) All fees payable to the Secretary of State under this chapter have been paid, if nonpayment affects the existence or authorization of the domestic or foreign professional corporation;
 (d) An annual report required by ORS 58.225 has been filed by the Secretary of State within the preceding 14 months; and
 (e) Articles of dissolution or an application for withdrawal have not been filed by the Secretary of State.
 (3) A person may apply to the Secretary of State to issue a certificate covering any fact of record. [1987 c.94 §12]
 Section 58.490 - Powers.
 Chapter 059 - Securities Regulation
 Section 59.005 - Short title.
 Section 59.015 - Definitions for Oregon Securities Law.
 (1) "Broker-dealer" means a person who engages, all or part of the time, in effecting transactions in securities for the account of others or for the person’s own account. "Broker-dealer" does not include:
 (a) An issuer effecting sales in its own securities;
 (b) The following institutions:
 (A) A financial institution or trust company, as defined in ORS 706.008; or
 (B) A financial holding company or a bank holding company, as defined in ORS 706.008, holding an institution described in subparagraph (A) of this paragraph; a savings and loan holding company as defined in section 408 of the National Housing Act, 12 U.S.C. section 1730a, holding an association described in subparagraph (A) of this paragraph; the subsidiaries and affiliates of the financial holding company, bank holding company or savings and loan holding company; or subsidiaries and affiliates of institutions described in subparagraph (A) of this paragraph, if the appropriate statutory regulatory authority is exercising control over, or is regulating or supervising the person in the sale of securities in accord with the purposes of the Oregon Securities Law;
 (c) A person who has no place of business in this state effecting transactions in this state exclusively with broker-dealers;
 (d) A person effecting sales exempted by ORS 59.035;
 (e) A salesperson;
 (f) A person effecting sales of securities owned by the person registered for sale pursuant to ORS 59.065;
 (g) A person effecting sales of securities exempted by ORS 59.025 (7);
 (h) A person licensed as a mortgage banker or a mortgage broker under ORS 86A.095 to 86A.198 when effecting sales of securities involving real estate paper registered for sale pursuant to ORS 59.065; or
 (i) A person designated by rule or order by the director.
 (2) "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
 (3) "Director" means the Director of the Department of Consumer and Business Services.
 (4) "Federal covered investment adviser" means a person who is registered as an investment adviser pursuant to section 203 of the Investment Advisers Act of 1940, as amended.
 (5) "Federal covered security" means any security that is a covered security under section 18 of the Securities Act of 1933, as amended, and for which such Act provides that the director may require filing of a notice and payment of a fee.
 (6) "Fraud," "deceit" and "defraud" are not limited to common-law deceit.
 (7) "Guaranteed" means guaranteed as to payment of principal, interest or dividends.
 (8)(a) "Investment adviser representative" means any partner, officer, director or person occupying a similar status or performing a similar function, or other individual, except clerical or ministerial personnel, who is employed by or associated with:
 (A) A state investment adviser that is licensed or required to be licensed in this state and who does any of the following:
 (i) Makes any recommendations or otherwise renders advice regarding securities;
 (ii) Manages accounts or portfolios of clients;
 (iii) Determines which recommendation or advice regarding securities should be given;
 (iv) Solicits, offers or negotiates for the sale of or sells investment advisory services; or
 (v) Supervises employees acting under this subparagraph; or
 (B) A federal covered investment adviser, subject to the limitations of section 203A of the Investment Advisers Act of 1940, as amended, as the director may designate by rule or order.
 (b) "Investment adviser representative" does not include a person designated by rule or order of the director.
 (9) "Issuer" means a person who issues, proposes to issue or has issued a security and includes an issuer to be formed. With respect to certificates of deposit, voting-trust certificates or collateral-trust certificates, or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors or persons performing similar functions or of the fixed, restricted management or unit type, the "issuer" is the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other instrument or agreement under which the security is issued.
 (10) "License" means a license as provided under the Oregon Securities Law.
 (11) "Mortgage banker" means a mortgage banker as defined in ORS 86A.100.
 (12) "Mortgage broker" means a mortgage broker as defined in ORS 86A.100.
 (13) "Offer" or "offer to sell" includes every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value. Every sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, as well as every sale or offer of a security which gives the holder a present or future right or privilege to convert into another security of the same or another issuer, is considered to include an offer of the other security.
 (14) "Person" includes an individual, a joint venture, a partnership, a cooperative, a limited liability company, an association, a joint stock company, a corporation, a trust, an unincorporated organization or a government or political subdivision of a government.
 (15) "Real estate paper" means any obligation secured or purportedly secured by an interest in real property. Real estate paper includes, but is not limited to, mortgage-backed securities, collateralized mortgage obligations, and real estate mortgage investment conduits.
 (16) "Registered" means registered as provided in the Oregon Securities Law.
 (17)(a) "Sale" or "sell" includes every contract of sale of, contract to sell, or disposition of, a security or interest in a security for value. Any security given or delivered with, or as a bonus on account of, a purchase of securities or any other thing shall constitute a part of the subject of the purchase and shall have been offered and sold for value. A gift of assessable stock by or for any issuer or promoter shall constitute a sale.
 (b) For purposes of the authority of the director under ORS 59.245 and 59.255, the terms "sale" and "sell" include the terms "offer" and "offer to sell."
 (c) "Sale" and "sell" do not include:
 (A) A bona fide pledge or loan of securities;
 (B) A bona fide security dividend, whether the corporation distributing the dividend is the issuer of the security or not, if nothing of value is given by the recipients for the dividend other than payments in connection with the elimination of fractional shares; or
 (C) An act incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims or property interests, or partly in such exchange and partly for cash.
 (18)(a) "Salesperson" means a person, other than a broker-dealer, who represents or purports to represent a broker-dealer, issuer or owner of securities in effecting or attempting to effect in any manner transactions in securities.
 (b) "Salesperson" does not include:
 (A) A person who represents an issuer in effecting sales in a security exempted by ORS 59.025;
 (B) A person who represents an issuer in effecting sales exempted by ORS 59.035;
 (C) A person who represents an issuer in effecting sales with existing partners or directors of the issuer, if no commission or other remuneration is paid or given directly or indirectly for soliciting any person in this state;
 (D) An employee of an institution or organization described in subsection (1)(b) of this section to the extent the employee is not a dual employee of the institution and a broker-dealer;
 (E) A person effecting transactions in this state limited to those transactions described in section 15(h)(2) and (3) of the Securities Exchange Act of 1934, as amended; or
 (F) A person designated by rule or order by the director.
 (c) A person who is a partner, director or officer of a broker-dealer, issuer or owner of securities, or a person who occupies a similar status or performing similar functions, is a "salesperson" only if the person otherwise comes within this definition.
 (19)(a) "Security" means a note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in a pension plan or profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, variable annuity, certificate of deposit for a security, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such title or lease, real estate paper sold by a broker-dealer, mortgage banker, mortgage broker or a person described in subsection (1)(b) of this section to persons other than persons enumerated in ORS 59.035 (4), or, in general, any interest or instrument commonly known as a "security," or any certificate of interest or participation in, temporary or interim certificates for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the foregoing.
 (b) "Security" does not include:
 (A) An insurance or endowment policy or annuity contract, other than a variable annuity contract, under which an insurance company promises to pay a fixed or variable sum of money either in a lump sum or periodically for life or some other specified period;
 (B) A beneficial interest in a voluntary inter vivos trust unless the trust is created solely for the purpose of voting or is part of an attempt to evade the provisions of ORS 59.005 to 59.505; or
 (C) A beneficial interest in a testamentary trust.
 (20)(a) "State investment adviser" means a person who, for compensation:
 (A) Engages all or part of the time of the person, in this state, in the business of advising others, either directly or by mail or through publication or writing, as to the value of securities or as to the advisability of investing in, purchasing or selling securities;
 (B) Engages all or part of the time of the person, in this state, in the business of managing an investment or trading account in securities for other persons; or
 (C) Issues or promulgates, as part of a regular business in this state, analyses or reports concerning securities.
 (b) "State investment adviser" does not include:
 (A) An investment adviser representative;
 (B) An institution or organization described in subsection (1)(b) of this section;
 (C) A licensed broker-dealer whose performance of investment advisory services is solely incidental to the conduct of business as a broker-dealer and who receives no special compensation for such services;
 (D) A salesperson licensed to a broker-dealer whose performance of investment advisory services is solely incidental to that person’s activities as a salesperson and who receives no special compensation for such services;
 (E) A publisher of or contributor to a bona fide newspaper, newsmagazine, investment manual or service, or business or financial publication of general, regular and paid circulation;
 (F) A person whose only clients are federal covered investment advisers, state investment advisers, broker-dealers, mortgage bankers, mortgage brokers, banks, savings institutions or trust companies, insurance companies, investment companies as defined in the Investment Company Act of 1940, as amended, pension or profit-sharing trusts, or other financial institutions or institutional buyers, whether acting for themselves or as trustees;
 (G) A duly licensed or registered lawyer, engineer or accountant whose performance of investment advisory services is solely incidental to the practice of the profession;
 (H) A person whose advice, analyses or reports relate only to securities exempted by ORS 59.025 (1);
 (I) A federal covered investment adviser in compliance with ORS 59.165 (7);
 (J) A person, advising others, that has no place of business in this state and during the preceding 12-month period has had fewer than six clients, other than those persons included in subparagraph (F) of this paragraph, who are residents of this state; or
 (K) Such other persons as the director may by rule or order designate. [1967 c.537 §3; 1971 c.624 §1; 1971 c.641 §1; 1973 c.366 §1; 1975 c.491 §1; 1985 c.349 §1; 1987 c.414 §§69, 69a; 1987 c.603 §1; 1989 c.197 §1; 1991 c.5 §18; 1993 c.158 §1; 1993 c.508 §27; 1993 c.744 §13; 1995 c.93 §26; 1995 c.622 §11; 1997 c.631 §375; 1997 c.772 §1; 1999 c.53 §1; 1999 c.315 §1; 2001 c.104 §14; 2001 c.377 §39a; 2003 c.270 §1; 2007 c.393 §1; 2009 c.259 §20]
 Section 59.025 - Securities exempt from registration.
 (1)(a) A security issued or guaranteed by the United States or a state, or by a political subdivision, agency or other instrumentality of the United States or a state.
 (b) Any other security offered in connection with or as part of a security described in paragraph (a) of this subsection, if the security cannot be severed and sold separately from the security in paragraph (a) of this subsection.
 (2) A security issued or guaranteed by a foreign government with which the United States is at the time of the sale maintaining diplomatic relations, or by a state, province or political subdivision of the foreign government that has the power of taxation or assessment, if the foreign government, state, province or political subdivision recognizes the security as a valid obligation.
 (3) A security that represents an interest in or a direct obligation of, or is guaranteed by, a national bank, a federal savings and loan association, a federal credit union, a federal land bank or joint stock land bank or a national farm loan association.
 (4) Any of the following securities:
 (a) A security that, at the time the security is issued, is listed or approved for listing on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange or any other exchange that the Director of the Department of Consumer and Business Services recognizes by rule;
 (b) A security that the NASDAQ Stock Market, NASDAQ Options Market or NASDAQ OMX Futures Exchange has designated or approved for designation at the time the security was issued;
 (c) Any other security issued by a person or entity that issues a security listed or designated under paragraph (a) or (b) of this subsection, if the other security is of senior or substantially equal rank to the listed or designated security;
 (d) A security issuable under rights or warrants listed or approved under paragraph (a), (b) or (c) of this subsection; or
 (e) A warrant or right to purchase or subscribe to any security described in paragraph (a), (b), (c) or (d) of this subsection.
 (5) A security that maintains a rating that the director approves in a recognized securities manual.
 (6) A security that represents an interest in or a direct obligation of, and that has been or will be issued by, a bank, trust company, savings and loan association or credit union and that is subject to the examination, supervision and control of a regulatory agency of this state.
 (7) Commercial paper issued, given or acquired in a bona fide way in the ordinary course of legitimate business, trade or commerce, if the commercial paper is not made the subject of a public offering.
 (8) A security, the issuance of which the Public Utility Commission supervises, regulates or controls, if the Public Utility Commission supervises, regulates or controls the person or entity that issues the security.
 (9) Stock or membership certificates that an agricultural cooperative corporation or irrigation association issues, if the agricultural cooperative corporation or irrigation association issues the stock or membership certificate as evidence of membership in the cooperative or association, as a patronage dividend or as evidence of a member’s or a patron’s respective interests in reserves or patronage dividends. This exemption does not apply to a cooperative or association that expects to engage in or is engaged in producing, processing or marketing forest products.
 (10) Stock or membership certificates that a fishing cooperative corporation issues to members of the fishing cooperative corporation either for the purpose of showing membership or for the purpose of showing the members’ respective interests in reserves or patronage dividends. For purposes of this subsection, a fishing cooperative corporation is an association of persons engaged commercially in harvesting, marketing or processing products of aquatic life from fresh and salt water, that is formed or operated under ORS chapter 62 with the purpose of commercially harvesting, marketing or processing such products or engaging in group bargaining with respect to the sale of such products.
 (11) Stock or membership certificates issued by an association of consumers that is formed or operated under ORS chapter 62 with the purpose of providing groceries to the association’s members, if the association issues the stock or certificates to members either for the purpose of showing membership in the association or for the purpose of showing the members’ respective interests in patronage dividends or reserves. For purposes of the exemption under this subsection:
 (a) The price of stock or a membership certificate may not exceed $300.
 (b) The benefits must be limited to discounts on purchases or patronage dividends, or any combination of discounts and dividends.
 (c) The association may issue only one stock or membership certificate to an individual.
 (12) Subject to conditions that the director adopts by rule, stock or membership certificates that a renewable energy cooperative corporation issues to members of the cooperative corporation, if the cooperative corporation issues the stock or certificates to members either to show membership in the cooperative corporation or to show the members’ respective interests in or entitlement to assets, reserves or dividends. For the purpose of this subsection, a renewable energy cooperative corporation is an association of persons that is organized as a cooperative corporation under ORS chapter 62 with the purpose of developing and operating facilities to generate electricity from renewable energy resources, as defined in ORS 757.600 (27)(a), (c) and (d), or from a type of energy listed in ORS 469A.025 (1)(c).
 (13) Any security issued in connection with an employee stock purchase, savings, pension, profit sharing or similar employee benefit plan, provided that:
 (a) The plan meets the requirements for qualification under section 401 of the Internal Revenue Code of 1986; and
 (b) The terms of the plan are fair, just and equitable to employees under rules of the director.
 (14) Any security issued by a person that is:
 (a) Organized and operated exclusively for a religious, educational, benevolent, fraternal, charitable or reformatory purpose and not for pecuniary profit;
 (b) Organized or constituted so that the person’s net earnings do not inure to the benefit of any person, private stockholder, or individual; and
 (c) Designated by rule of the director.
 (15) Any other security the director exempts by rule. [1967 c.537 §4; 1969 c.688 §1; 1973 c.428 §9; 1975 c.491 §2; 1985 c.193 §1; 1985 c.349 §2a; 1987 c.603 §1a; 1987 c.677 §9; 1989 c.171 §6; 1989 c.197 §2; 1991 c.67 §10; 1993 c.18 §14; 1997 c.772 §2; 2014 c.69 §1]
 Section 59.035 - Transactions exempt from registration.
 (1) Any transaction by a sheriff, marshal or court appointed fiduciary.
 (2) An isolated nonissuer transaction in this state, whether effected through a broker-dealer or not.
 (3) Any transaction by an issuer in its securities pursuant to a pro rata offering to its existing security holders, if:
 (a) No commission or remuneration, other than a standby fee, is paid or given directly or indirectly in connection with the transaction; and
 (b) The issuer has not had an effective registration under the Oregon Securities Law nor has used this exemption within one year prior to the date of the offering or sale.
 (4) Any offer, sale, transfer or delivery of securities to a bank, savings institution, trust company, insurance company, investment company, pension or profit-sharing trust, or other financial institution or institutional buyer (including but not limited to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, the United States Department of Veterans Affairs and the Government National Mortgage Association), or to a broker-dealer, mortgage broker or mortgage banker, whether the purchaser is acting for itself or in a fiduciary capacity when the purchaser has discretionary authority to make investment decisions.
 (5) Any transaction by an offeror with an accredited investor as defined in section 2 (15)(i) or (ii) of the Securities Act of 1933, as amended, or rules of the Director of the Department of Consumer and Business Services, but only if there is no public advertising or general solicitation in connection with the transaction.
 (6) The issue and delivery of any security in exchange for any other security of the same issuer pursuant to a right of conversion entitling the holder of the security surrendered in exchange to make the conversion without the payment of additional consideration, if the security surrendered was, when issued, convertible and registered or exempt from registration.
 (7) Any transaction in a vendor’s interest in a land sale contract, or a bond or note secured by a mortgage or trust deed upon real estate, so long as the entire vendor’s interest or mortgage or trust deed, with all the bonds or notes secured thereby, are sold to a single purchaser, in a single sale.
 (8) Agency or principal sales by licensed broker-dealers, executed upon customers’ orders on any exchange or on the over-the-counter market, but not the solicitation of such orders, where there is no intent to avoid the provisions of the Oregon Securities Law and a public offering is not involved. Such broker-dealers shall keep and maintain, for two years from the date of the order, a record of all the sales executed upon customers’ orders, giving the name and address of each customer, the name and identity of the security involved, the dates of the sales, the price paid or received for the security, and the commission or other expenses charged to the customer.
 (9) The offer or sale by a licensed broker-dealer of any security acquired in the ordinary and usual course of business, when such security is a part of an issue which has been registered in whole or in part, if the offer or sale is made in good faith and not directly or indirectly for the benefit of the issuer or for the promotion of any scheme or enterprise effecting a violation or an evasion of any provisions of the Oregon Securities Law, unless:
 (a) The registration has been revoked or suspended; or
 (b) The continued sale of the security has been enjoined.
 (10) The offer or sale by licensed broker-dealer, acting either as principal or agent, of securities theretofore sold and distributed to the public, if the sale meets the requirements of paragraphs (a), (b) and (c) or (a), (b) and (d) of this subsection:
 (a) Such securities are sold at prices reasonably related to the current market price thereof at the time of sale, and, if such licensed broker-dealer is acting as agent, the commission collected by such licensed broker-dealer on account of the sale thereof is not in excess of usual and customary commissions collected with respect to securities and transactions having comparable characteristics;
 (b) Such securities do not constitute an unsold allotment to or subscription by such broker-dealer as a participant in the distribution of such securities by the issuer or by or through an underwriter;
 (c) The issuer is listed in any recognized securities manual approved by rule by the director, and the listing contains the names of the issuer’s officers and directors, a balance sheet of the issuer as of a date not more than 18 months prior to the date of such sale, and a profit and loss statement for either the fiscal year preceding the date of the balance sheet or the most recent year of operations; and
 (d) The securities are authorized for quotation on a nationwide automated quotations system approved by rule or order of the director.
 (11) An offer, but not the sale, of a security meeting either of the following descriptions:
 (a) A security for which registration statements have been filed under both the Oregon Securities Law and the Securities Act of 1933, as amended, if no stop or refusal order or order under ORS 59.105 is in effect and no public proceeding or examination looking toward such an order is pending. However, an offer for such a security may not be accepted until the securities have been registered as provided in the Oregon Securities Law.
 (b) A security for which a registration statement has been filed under the Oregon Securities Law and the offer is allowed by the director. However, an offer for such a security may not be accepted until the securities have been registered as provided in the Oregon Securities Law.
 (12)(a) Any transactions in securities by an offeror within or without this state that meet all of the requirements of subparagraph (A) or (B) of this paragraph and all of the requirements of subparagraphs (C), (D) and (E) of this paragraph:
 (A) When the offeror is an issuer, the transactions result in not more than 10 purchasers within this state of securities of the issuer during any 12 consecutive months.
 (B) When the offeror is a nonissuer the securities must have been bought and held for at least 12 consecutive months and the transactions result in not more than 10 purchasers within this state of securities from the nonissuer during any 12 consecutive months.
 (C) No commission or other remuneration is paid or given directly or indirectly in connection with the offer or sale of the securities.
 (D) No public advertising or general solicitation is used in connection with any transaction under this exemption.
 (E) At the time of any transaction under this exemption the offeror does not have under the Oregon Securities Law an application for registration or an effective registration of securities which are part of the same offering.
 (b) In connection with transactions under paragraph (a) of this subsection:
 (A) Purchasers of securities of the offeror registered under ORS 59.065, exempt under ORS 59.025, exempt under any other subsection of this section, or for which a notice has been filed under ORS 59.049, are not counted as purchasers under this exemption.
 (B) Repeat transactions with persons who are counted as purchasers within Oregon under paragraph (a) of this subsection do not increase the number of purchasers. However, a purchaser remains a purchaser for 12 months following the month of the last sale to that purchaser.
 (C) No limitations are placed on the number of transactions or purchasers without this state. No limitations are placed on the number of offers under this exemption.
 (13) A transaction with security holders, pursuant to a statutory vote by such security holders on a merger, consolidation, partial or complete liquidation, reclassification of securities, plan of exchange or sale of assets, in consideration of the issuance of securities of another issuer.
 (14) Capital stock issued by a professional corporation organized under ORS chapter 58.
 (15) Any other transaction exempted by rule of the director. [1967 c.537 §5; 1971 c.624 §2; 1973 c.823 §§91,156; 1985 c.349 §3; 1987 c.603 §2; 1989 c.197 §3; 1991 c.67 §11; 1997 c.772 §3; 2001 c.32 §1]
 Section 59.045 - Authority of director to deny, withdraw or condition exemptions.
 (a) Deny, withdraw or condition the exemptions allowed by ORS 59.025 and 59.035 if, in the director’s opinion, the further sale of the security in this state would work a fraud or imposition upon the purchaser.
 (b) Waive the conditions of ORS 59.035 (3)(b) and (12)(a)(B).
 (c) Provide which exemptions may or may not be used in connection with other exemptions or provide procedures for determining which offerings are or are not integrated with other offerings within the same or other exemptions.
 (2) The director may by order withdraw, condition or deny the use of any exemption by a person if the director has reason to believe that the person has engaged in or is about to engage in an act or practice constituting a violation of the Oregon Securities Law or that the use of any exemption by that person would work a fraud or imposition on purchasers.
 (3) No person shall be liable under the Oregon Securities Law by reason of the withdrawal of an exemption under this section if that person sustains the burden of proof that that person did not know, and in the exercise of reasonable care could not have known of the withdrawal. [1967 c.537 §6; 1973 c.366 §3; 1985 c.349 §4]
 Section 59.049 - Federal covered securities exempt from registration; notice filings; fees; rules.
 (1) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(2) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the Director of the Department of Consumer and Business Services. In lieu of the notice, an issuer may file a copy of its registration statement as filed with the Securities and Exchange Commission together with fees required under this subsection. The form of notice shall be prescribed by the director. The director shall set the amount of the fee by rule. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.
 (2) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(3) or (4), other than section 18(b)(4)(D), of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director. The form of notice shall be prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.
 (3) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(4)(D) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director, not later than 15 days after the first sale of such federal covered security in this state. The notice shall be filed on Securities and Exchange Commission Form D or on a form of notice prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.
 (4)(a) The director shall set the fees described in subsections (1) to (3) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.
 (b) The director may adjust the amount of a fee described in subsections (1) to (3) of this section every two years to reflect changes in the national midpoint for a similar fee.
 (c) In determining the national midpoint for similar fees under this section, the director may consider national midpoints determined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission.
 (5) The director may issue an order suspending the offer and sale of a federal covered security if the director finds that there is a failure to comply with any requirement under this section.
 (6)(a) The filer of a notice under subsections (1) to (3) of this section shall amend the notice when there is a change in the name of the offering or, in the case of offerings for which notice is filed pursuant to subsection (2) or (3) of this section, when there is an increase in the aggregate price of the securities which are to be offered in this state. There is no fee required for an amendment that does not increase the aggregate offering amount. Notices amending the aggregate offering amount shall include the fee calculated in accordance with subsection (2) or (3) of this section, less amounts previously paid under the prior notice filing, but the fee may not be less than $100. The fee is not refundable.
 (b) If an issuer or person sells federal covered securities in this state for a price in excess of the aggregate price for which fees were initially paid under this section, the seller shall pay a fee of three times the difference between the initial fee paid and the fee required under this section for the federal covered securities sold in this state. The additional fee may not be less than $100. The fee is not refundable.
 (7) The director, by rule or otherwise, may waive any or all of the provisions of this section. [1997 c.772 §6; 2001 c.104 §15; 2003 c.270 §2; 2003 c.785 §1]
 Section 59.051 - Statutory references to federal law.
 Section 59.055 - Conditions of offer and sale of securities.
 (1) The security is registered and the offer or sale is not in violation of any rule or order of the Director of the Department of Consumer and Business Services or any condition, limitation or restriction imposed by the director upon such registration;
 (2) The security is exempt under ORS 59.025 or the sale is exempt under ORS 59.035; or
 (3) The security is a federal covered security for which a notice has been filed and fees have been paid under ORS 59.049. [1967 c.537 §7; 1997 c.772 §4]
 Section 59.065 - Registration procedures; application; fees; rules.
 (2) Every registration application submitted shall be accompanied by a fee. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities that are to be offered in this state. The fee is not refundable.
 (3)(a) The director shall set the fee described in subsection (2) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.
 (b) The director may adjust the amount of the fee described in subsection (2) of this section every two years to reflect changes in the national midpoint for a similar fee.
 (c) In determining the national midpoint for similar fees under this section, the director may consider national midpoints determined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission.
 (4) If a registrant sells securities in Oregon in excess of the quantity registered or for a price in excess of the aggregate price for which fees were initially paid, the registrant may obtain registration of the excess securities by paying three times the difference between the initial fee paid and the fee required under subsection (2) of this section for the securities sold in Oregon. The additional fee may not be less than $100. Registration of the excess securities shall be effective retroactively to the date of sale. [1967 c.537 §8; 1973 c.366 §4; 1985 c.349 §8; 1987 c.603 §3; 1997 c.772 §7; 2003 c.270 §3; 2003 c.785 §2]
 Section 59.070 - Amended registration application; when required; fees.
 (2) Applications for an amendment to increase the aggregate amount of securities to be offered in Oregon shall include the fee calculated in accordance with ORS 59.065 (2), less amounts previously paid under the prior registration. The fee may not be less than $100.
 (3) This section does not relieve a registrant from the obligation to notify the director concerning material changes in facts and circumstances concerning the offering. [1985 c.349 §10; 1987 c.603 §4; 2003 c.785 §3]
 Section 59.075 - Registration by director; expiration; renewal; fee; rules.
 (2) Every registration of securities and every notice filed under ORS 59.049 shall expire one year after the date of the registration or effective date of the notice. The director may establish a different expiration date for purposes of coordination with any national registration or notice filing system. When a registration or notice filing is amended, the registration or notice filing expires one year after the date of the initial registration or effective date of the notice filing unless the amended registration or notice filing provides otherwise.
 (3) The director by rule shall establish procedures for renewing registrations of securities and notice filings.
 (4) Every renewal application and every renewal of a notice filing shall be accompanied by a fee computed in accordance with ORS 59.049 or ORS 59.065 (2), as applicable. The fee is not refundable.
 (5) If the director finds that no ground for suspension or revocation of the registration exists under ORS 59.105, the director shall renew the registration, subject to any conditions, limitations and restrictions imposed by the director. The renewed registration or notice filing shall expire one year after the date of expiration of the original registration, or effective date of the notice filing or last renewal thereof. The director may establish a different expiration date for purposes of coordination with any national registration or notice filing system. [1967 c.537 §9; 1985 c.349 §12; 1987 c.603 §5; 1997 c.772 §8]
 Section 59.085 - Conditions imposed on registration.
 (1) That a prospectus containing any designated part of the information submitted in connection with registration be sent or given to each person to whom a security is offered or sold.
 (2) That the security be sold only on a specified form of subscription or sale contract and that a signed or conformed copy of each contract be filed with the director or preserved for a period up to three years specified in the rule or order.
 (3) That any of the following be deposited in escrow on terms approved by the director:
 (a) Any security issued or to be issued for a consideration substantially different from the public offering price or for a consideration other than cash.
 (b) The proceeds from the sale of the security until the issuer receives an amount specified by the director. [1967 c.537 §10]
 Section 59.095 - Approval of plan to issue securities in exchange for other securities, claims or property.
 (2) The request for approval shall be made by filing a registration statement, as provided in ORS 59.065, with a detailed statement of the plan. The director shall set the plan down for hearing and require the proponents of the plan to give notice of the hearing to all persons to whom securities are to be issued in such exchange. All such persons shall have the right to appear at the hearing.
 (3) The director shall, after the hearing, consider the fairness of the terms and conditions of the plan, and, if the director finds that the plan is fair, just and equitable and free from fraud, shall approve it, subject to such conditions, limitations and restrictions as the director may impose. If the director finds that the plan is unfair, unjust or inequitable or not free from fraud, the director shall deny the request, and give notice of the denial, at the expense of the proponents, to all persons who were entitled to receive or received notice of the hearing. [1967 c.537 §11]
 Section 59.105 - Denial, suspension or revocation of registration.
 (a) The proposed plan of business of the issuer, the characteristics and terms of sale of the securities to be sold, or the proposed methods of sale and distribution are unfair, unjust or inequitable;
 (b) The issuer is insolvent or in unsound financial condition;
 (c) The applicant, registrant or issuer has violated any of the provisions of the Oregon Securities Law, or any rule or order of the director of which the applicant, registrant or issuer had notice;
 (d) The applicant, registrant or issuer has been or is engaged or is about to engage in dishonest or fraudulent conduct with regard to securities;
 (e) The applicant, registrant, or issuer has been convicted of a misdemeanor, an essential element of which is fraud, or of a felony;
 (f) The applicant, registrant or issuer has knowingly made or caused to be made to the director any false representation of a material fact, or has suppressed or withheld from the director any material information;
 (g) The applicant, registrant or issuer has refused to permit an examination to be made by the director, or has failed to file any report, including any certified financial report, or furnish any information required by the director in connection with the Oregon Securities Law; or
 (h) Unreasonable amounts or kinds of commissions or other remunerations, promoter’s profits or participation or unreasonable options have been or are to be given or allowed directly or indirectly in connection with the sale or distribution of the securities.
 (2) The director may enter an order against the applicant, registrant or issuer under subsection (1) of this section if any partner, officer or director of an applicant, registrant or issuer, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, registrant or issuer has been guilty of any act or omission which would be cause for denying, suspending or revoking the registration of an individual applicant, registrant or issuer, except:
 (a) This subsection shall not apply to subsection (1)(a) and (b) of this section.
 (b) The director may not enter an order suspending or revoking a registration under this subsection, pursuant to subsection (1)(e) of this section, without 10 days’ prior written notice to the registrant. [1967 c.537 §12; 1989 c.197 §4]
 Section 59.115 - Liability in connection with sale or successful solicitation of sale of securities; recovery by purchaser; limitations on proceeding; attorney fees.
 (a) Sells or successfully solicits the sale of a security, other than a federal covered security, in violation of the Oregon Securities Law or of any condition, limitation or restriction imposed upon a registration or license under the Oregon Securities Law; or
 (b) Sells or successfully solicits the sale of a security in violation of ORS 59.135 (1) or (3) or by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading (the buyer not knowing of the untruth or omission), and who does not sustain the burden of proof that the person did not know, and in the exercise of reasonable care could not have known, of the untruth or omission.
 (2) The purchaser may recover:
 (a) Upon tender of the security, the consideration paid for the security, and interest from the date of payment equal to the greater of the rate of interest specified in ORS 82.010 for judgments for the payment of money or the rate provided in the security if the security is an interest-bearing obligation, less any amount received on the security; or
 (b) If the purchaser no longer owns the security, damages in the amount that would be recoverable upon a tender, less the value of the security when the purchaser disposed of it and less interest on such value at the rate of interest specified in ORS 82.010 for judgments for the payment of money from the date of disposition.
 (3) Every person who directly or indirectly controls a seller liable under subsection (1) of this section, every partner, limited liability company manager, including a member who is a manager, officer or director of such seller, every person occupying a similar status or performing similar functions, and every person who participates or materially aids in the sale is also liable jointly and severally with and to the same extent as the seller, unless the nonseller sustains the burden of proof that the nonseller did not know, and, in the exercise of reasonable care, could not have known, of the existence of facts on which the liability is based. Any person held liable under this section shall be entitled to contribution from those jointly and severally liable with that person.
 (4) Notwithstanding the provisions of subsection (3) of this section, a person whose sole function in connection with the sale of a security is to provide ministerial functions of escrow, custody or deposit services in accordance with applicable law is liable only if the person participates or materially aids in the sale and the purchaser sustains the burden of proof that the person knew of the existence of facts on which liability is based or that the person’s failure to know of the existence of such facts was the result of the person’s recklessness or gross negligence.
 (5) Any tender specified in this section may be made at any time before entry of judgment.
 (6) Except as otherwise provided in this subsection, no action or suit may be commenced under this section more than three years after the sale. An action under this section for a violation of subsection (1)(b) of this section or ORS 59.135 may be commenced within three years after the sale or two years after the person bringing the action discovered or should have discovered the facts on which the action is based, whichever is later. Failure to commence an action on a timely basis is an affirmative defense.
 (7) An action may not be commenced under this section solely because an offer was made prior to registration of the securities.
 (8) Any person having a right of action against a broker-dealer, state investment adviser or against a salesperson or investment adviser representative acting within the course and scope or apparent course and scope of authority of the salesperson or investment adviser representative, under this section shall have a right of action under the bond or irrevocable letter of credit provided in ORS 59.175.
 (9) Subsection (4) of this section shall not limit the liability of any person:
 (a) For conduct other than in the circumstances described in subsection (4) of this section; or
 (b) Under any other law, including any other provisions of the Oregon Securities Law.
 (10) Except as provided in subsection (11) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.
 (11) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (10) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [1967 c.537 §13(1), (2), (3), (4), (5), (7); 1985 c.349 §13; 1987 c.158 §10; 1987 c.603 §6; 1989 c.197 §5; 1991 c.331 §15; 1991 c.762 §1; 1993 c.508 §28; 1995 c.93 §27; 1995 c.696 §9; 1997 c.772 §9; 2003 c.576 §318; 2003 c.631 §1; 2003 c.786 §1]
 Section 59.125 - Effect of notice of offer to repay purchaser; exceptions; registration of transaction.
 (2) The notice shall contain:
 (a) An offer to pay the amount specified in ORS 59.115 (2)(a) upon tender of the security; and
 (b) A statement of the effect on the purchaser’s rights of failure to respond as required in subsection (3) of this section.
 (3) An action or suit under this section may be commenced after receipt of a notice as outlined in subsection (2) of this section:
 (a) If the purchaser owned the security when the notice was received, accepted the payment offer within 30 days after its receipt, and has not been paid the full amount offered; or
 (b) If the purchaser did not own the security when the notice was received and, within 30 days after receipt, gave written notice of inability to tender back the security.
 (4) An offer to repay the purchaser pursuant to this section involves the offer or sale of a security. The transaction must be registered under ORS 59.055 unless there is an exemption from the registration requirement or a notice is filed under ORS 59.049. [1967 c.537 §13(6); 1985 c.349 §14; 1997 c.772 §10]
 Section 59.127 - Liability in connection with purchase or successful solicitation of purchase of securities; recovery by seller; limitations on proceeding; attorney fees.
 (a) Purchases or successfully solicits the purchase of a security, other than a federal covered security, in violation of any condition, limitation or restriction imposed upon a registration under the Oregon Securities Law; or
 (b) Purchases or successfully solicits the purchase of a security in violation of ORS 59.135 (1) or (3) or by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading (the seller not knowing of the untruth or omission), and if the person does not sustain the burden of proof that the person did not know, and in the exercise of reasonable care could not have known, of the untruth or omission.
 (2) The seller may recover:
 (a) Upon a tender of the consideration paid for the security, the security plus interest from the date of purchase equal to the greater of the rate of interest specified in ORS 82.010 for judgments for the payment of money, or the rate provided in the security if the security is an interest-bearing obligation;
 (b) Damages in the amount that would be recoverable upon a tender, plus any amount received on the security, less the consideration paid for the security; or
 (c) If the purchaser no longer owns the security, damages equal to the value of the security when the purchaser disposed of it plus interest on such value at the rate of interest specified in ORS 82.010 for judgments for the payment of money from the date of disposition, less the consideration paid for the security.
 (3) Every person who directly or indirectly controls a purchaser liable under subsection (1) of this section, every partner, limited liability company manager, including a member who is a manager, officer or director of such purchaser, every person occupying a similar status or performing similar functions, and every person who participates or materially aids in the purchase is also liable jointly and severally with and to the same extent as the purchaser, unless the nonpurchaser sustains the burden of proof that the nonpurchaser did not know, and, in the exercise of reasonable care, could not have known, of the existence of facts on which the liability is based. Any person held liable under this section shall be entitled to contribution from those jointly and severally liable with the person.
 (4) Notwithstanding the provisions of subsection (3) of this section, a person whose sole function in connection with the purchase of a security is to provide ministerial functions of escrow, custody or deposit services in accordance with applicable law is liable only if the person participates or materially aids in the purchase and the seller sustains the burden of proof that the person knew of the existence of facts on which liability is based or that the person’s failure to know of the existence of such facts was the result of the person’s recklessness or gross negligence.
 (5) Any tender specified in this section may be made at any time before entry of judgment.
 (6) Except as otherwise provided in this subsection, no action or suit may be commenced under this section more than three years after the purchase. An action under this section for a violation of subsection (1)(b) of this section or ORS 59.135 may be commenced within three years after the purchase or two years after the person bringing the action discovered or should have discovered the facts on which the action is based, whichever is later. Failure to commence an action on a timely basis is an affirmative defense.
 (7) Any person having a right of action against a broker-dealer, state investment adviser or against a salesperson or investment adviser representative acting within the course and scope or apparent course and scope of the authority of the salesperson or investment adviser representative, under this section shall have a right of action under the bond or irrevocable letter of credit provided in ORS 59.175.
 (8) Subsection (4) of this section shall not limit the liability of any persons:
 (a) For conduct other than in the circumstances described in subsection (4) of this section; or
 (b) Under any other law, including any other provisions of the Oregon Securities Law.
 (9) Except as provided in subsection (10) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.
 (10) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (9) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [1975 c.300 §2; 1985 c.349 §14a; 1987 c.158 §11; 1987 c.603 §7; 1991 c.762 §2; 1993 c.508 §29; 1995 c.93 §28; 1995 c.696 §10; 1997 c.772 §11; 2003 c.576 §319; 2003 c.631 §2; 2003 c.786 §2]
 Section 59.131 - Effect of notice of intent to return unlawfully purchased security; contents of notice; registration of transaction.
 (2) The notice shall contain:
 (a) An offer to tender the security and interest from the date of purchase, at a rate equal to the greater of the rate of interest specified in ORS 82.010 for judgments for the payment of money or the rate provided in the security if the security is an interest-bearing obligation, less the consideration paid for the security; and
 (b) A statement of the effect on the seller’s rights of failure to respond as required in subsection (3) of this section.
 (3) An action or suit under this section may be commenced after receipt of a notice as outlined in subsection (2) of this section:
 (a) If the seller accepts the offer and gives notice of acceptance within three days after receipt of the offer and fails to receive the contents of such offer as specified in subsection (2)(a) of this section within one day from the date the notice of acceptance was sent; or
 (b) If the seller elects to recover damages as specified in subsection (2)(b) of this section and gives notice of the election within 30 days after receipt of the offer.
 (4) An offer to tender the security pursuant to this section involves the offer for sale of a security. The transaction must be registered under ORS 59.055 unless there is an exemption from the registration requirement or a notice is filed under ORS 59.049. [1975 c.300 §3; 1985 c.349 §15; 1987 c.603 §8; 1997 c.772 §12; 2003 c.576 §320]
 Section 59.135 - Fraud and deceit with respect to securities or securities business.
 (1) To employ any device, scheme or artifice to defraud;
 (2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading;
 (3) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person; or
 (4) To make or file, or cause to be made or filed, to or with the Director of the Department of Consumer and Business Services any statement, report or document which is known to be false in any material respect or matter. [1967 c.537 §14]
 Section 59.137 - Liability in connection with violation of ORS 59.135; damages; defense; attorney fees; limitations on proceeding.
 (2) Any person who directly or indirectly controls a person liable under subsection (1) of this section and every partner, limited liability company manager, including a member who is a manager, officer or director or a person occupying a status or performing functions of a person liable under subsection (1) of this section, is jointly and severally liable to the same extent as a person liable under subsection (1) of this section, unless the person who may be liable under this subsection sustains the burden of proof that the person did not know and, in the exercise of reasonable care, could not have known of the existence of the facts on which the liability is based.
 (3) Any person held liable under this section is entitled to contribution from those persons jointly and severally liable with that person.
 (4) Except as provided in subsection (5) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.
 (5) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (4) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.
 (6) An action or suit may be commenced under this section within the later of:
 (a) Three years after the date of the purchase or sale of a security to which the action or suit relates; or
 (b) Two years after the person bringing the action or suit discovered or should have discovered the facts on which the action or suit is based.
 (7) Failure to commence an action or suit under this section on a timely basis is an affirmative defense. [2003 c.631 §4; 2003 c.786 §3]
 Section 59.145 - Effect of notice filing, registration or license.
 (2) It is unlawful to make, or cause to be made, to a prospective purchaser, customer or client a representation inconsistent with subsection (1) of this section. [1967 c.537 §15; 1989 c.197 §6; 1997 c.772 §13]
 Section 59.155 - Director is agent for service of process; manner of service; exceptions.
 (a) Every licensee or registrant or applicant for a license or registration of a security, every person who files a notice under ORS 59.049 or 59.175, and every person who offers or sells a security in this state, directly or indirectly, unless the security or the sale is exempt from ORS 59.055; and
 (b) Every person, a resident or nonresident of this state, who has engaged in conduct prohibited or made actionable under the Oregon Securities Law.
 (2) Service shall be made by:
 (a) Serving the director or a clerk on duty at the Department of Consumer and Business Services a copy of the process, notice or demand, with any papers required by law to be delivered in connection with the service, or by mailing to the department a copy of the process, notice or demand by certified or registered mail, and a $2 fee for each party being served;
 (b) Transmittal by the person instituting the proceeding of notice of the service on the director and one copy of the process, notice or demand and accompanying papers to the person being served by certified mail:
 (A) At such person’s address, if any, as shown by the records of the director; and
 (B) At such address the use of which the person initiating the proceedings knows or on the basis of reasonable inquiry has reason to believe is most likely to result in actual notice; and
 (c) Filing with the appropriate court or other body, as part of the return of service, of the return receipt of mailing and an affidavit of the person initiating the proceedings that this section has been complied with.
 (3) The procedure permitted by this section shall not be available when personal jurisdiction can otherwise be obtained in this state.
 (4) After completion of initial service upon the director, no additional documents need be served upon the director to maintain jurisdiction in the same proceeding or to give notice of any motion or provisional process. [1967 c.537 §16; 1987 c.603 §9; 1989 c.197 §7; 1997 c.772 §14]
 Section 59.165 - Licensing of broker-dealers, investment advisers and salespersons required; rules.
 (2) A broker-dealer or state investment adviser may not be licensed in this state unless the broker-dealer or state investment adviser has at least one salesperson licensed in this state.
 (3) It is unlawful for a broker-dealer or issuer or owner of securities to employ a salesperson to act in this state unless the salesperson is licensed under the Oregon Securities Law to the broker-dealer or issuer or owner of securities. Only a natural person may be licensed as a salesperson.
 (4) It is unlawful for:
 (a) A state investment adviser to employ an investment adviser representative in this state unless the investment adviser representative is licensed under the Oregon Securities Law to the state investment adviser;
 (b) A federal covered investment adviser to employ an investment adviser representative who has a place of business in this state to act in this state unless the investment adviser representative is licensed under the Oregon Securities Law to the federal covered investment adviser; or
 (c) An individual, except as otherwise provided in subsection (8) of this section, to transact business in this state as an investment adviser representative unless the individual is licensed as an investment adviser representative. Only a natural person may be licensed as an investment adviser representative.
 (5) A person may not be licensed as:
 (a) A salesperson or investment adviser representative for more than one broker-dealer, federal covered investment adviser, state investment adviser or issuer or owner of securities at the same time, except as may be allowed by rule or order of the Director of the Department of Consumer and Business Services.
 (b) A salesperson or investment adviser representative unless the person is employed by a broker-dealer, federal covered investment adviser, state investment adviser or issuer or owner of securities.
 (6) It is unlawful for any person to transact business in this state as a state investment adviser unless the person:
 (a) Is licensed as such under the Oregon Securities Law; or
 (b) Is licensed as a broker-dealer without the imposition of a condition under ORS 59.215 (4).
 (7) Except for federal covered investment advisers whose activities are described by ORS 59.015 (20)(b) and licensed broker-dealers transacting business as federal covered investment advisers in this state, it is unlawful for any federal covered investment adviser to conduct an advisory business in this state unless such person makes notice filings with the director of such documents filed with the Securities and Exchange Commission as the director may by rule or otherwise require and pays the fee, including the notice filing fee, described in ORS 59.175. The director may issue an order suspending the conduct of an investment advisory business in this state if the director finds that there is a failure to comply with any requirement under this section.
 (8) Notwithstanding any other provision of this section, an individual performing the activities of an investment adviser representative and who would otherwise be required to be licensed as an investment adviser representative is not required to be separately licensed as an investment adviser representative if:
 (a) The individual is licensed to a licensed broker-dealer, the broker-dealer is transacting business as a federal covered investment adviser or a state investment adviser under the provisions of subsection (6)(b) of this section and the person is performing investment adviser activities on behalf of the broker-dealer; or
 (b) The individual is licensed to a licensed broker-dealer and the broker-dealer directly receives all compensation otherwise earned by the person in connection with the investment advisory activities being transacted in this state. The broker-dealer may or may not further distribute any or all compensation received to the licensed salesperson. [1967 c.537 §17; 1973 c.366 §5; 1985 c.349 §16; 1987 c.603 §10; 1989 c.197 §8; 1993 c.508 §30; 1995 c.622 §12; 1997 c.772 §15; 1999 c.53 §2; 2003 c.270 §4; 2003 c.785 §5]
 Section 59.175 - Procedures for notice filing and licensing; rules; examination; bond, letter of credit or other security; filing trade name or assumed business name; fees.
 (2) The director may require an applicant for a license as a broker-dealer or state investment adviser, including the applicant’s partners, directors, officers or any person occupying a similar status or performing similar functions, and any person directly or indirectly controlling such applicant and a person for whom application for a license as a salesperson or investment adviser representative is made, to pass an examination on such person’s knowledge and understanding of the Oregon Securities Law and the securities business. The director may establish by rule a fee for the examination.
 (3) The director may make such further examination of the applicant and the applicant’s affairs as the director deems advisable and may require by rule or order that the applicant publish an announcement of the application in such manner as the director may specify.
 (4)(a) Except as otherwise provided in paragraph (b) or (c) of this subsection, every applicant for a license as a broker-dealer or state investment adviser shall file with the director a corporate surety bond or irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the director may approve by rule running to the State of Oregon in a sum to be established by rule of the director, but in no event more than $100,000.
 (b) Licensed broker-dealers subject to section 15 of the Securities Exchange Act of 1934, as amended, are not required to comply with paragraph (a) of this subsection, nor are such licensed broker-dealers required to comply with any net capital requirements imposed by the director by rule or otherwise.
 (c) A licensed state investment adviser who has its principal place of business in a state other than this state shall be exempt from the requirements of paragraph (a) of this subsection and shall be further exempt from any net capital requirements imposed by the director by rule or otherwise, provided that any such licensed state investment adviser is registered or licensed as a state investment adviser in the state where it maintains its principal place of business and is in compliance with such state’s bonding or net capital requirements.
 (5)(a) Subject to paragraph (b) of this subsection, if the application, surety bond, irrevocable letter of credit or other security and fees are in order and the director is satisfied that the application should not be denied upon one or more of the grounds specified in ORS 59.205 to 59.225, the director shall license the broker-dealer, state investment adviser, salesperson or investment adviser representative.
 (b) If the director determines under ORS 59.205 or 59.215 that a condition or restriction should apply to the license, the director, at the time the license is issued, shall specify in writing to the licensee the condition or restriction applicable to the license.
 (6) A licensee under ORS 59.165 shall amend the license application when there are material changes in the information contained in the original application.
 (7) An applicant for or a person holding a license issued under ORS 59.005 to 59.505 may file with the director a trade name, as defined in ORS 647.005, or an assumed business name, as defined in ORS 648.005. The trade name or assumed business name shall be filed in a form and manner established by rule by the director. If the application is complete and the fee described in subsection (8) of this section is paid, the director shall issue an order authorizing the licensee to operate under the trade name or assumed business name. The order shall remain in effect until canceled, suspended or revoked.
 (8) The director shall charge and collect fees for:
 (a) An application for a license as a broker-dealer or state investment adviser;
 (b) An application to renew a license as a broker-dealer or state investment adviser;
 (c) An application for a license as a salesperson;
 (d) An application to renew a license as a salesperson;
 (e) An application for a license as an investment adviser representative;
 (f) An application to renew a license as an investment adviser representative;
 (g) A notice filing for a federal covered investment adviser;
 (h) A notice filing renewal for a federal covered investment adviser; and
 (i) A filing for use of a trade name or an assumed business name.
 (9)(a) The director shall set the fees described in subsection (8) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.
 (b) The director may adjust the amount of a fee described in subsection (8) of this section every two years to reflect changes in the national midpoint for a similar fee.
 (c) In determining the national midpoint for similar fees under this section, the director may consider national midpoints determined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission.
 (10) Except as provided in this subsection, the fees under this section are not refundable. The director may provide for a method of equitably adjusting the payment of fees for broker-dealers, federal covered investment advisers, state investment advisers, salespersons and investment adviser representatives when the director determines that the changes in filing periods and expiration dates under ORS 59.185 are not equitable for the person making the payment. [1967 c.537 §18; 1969 c.137 §4; 1971 c.624 §3; 1985 c.349 §17; 1987 c.603 §11; 1989 c.197 §9; 1991 c.331 §16; 1993 c.508 §31; 1997 c.631 §376; 1997 c.772 §16; 1999 c.53 §3; 2001 c.32 §2; 2003 c.270 §5; 2003 c.785 §4]
 Note: The amendments to 59.175 by section 1, chapter 313, Oregon Laws 2017, become operative July 31, 2018. See section 7, chapter 313, Oregon Laws 2017. The text that is operative on and after July 31, 2018, is set forth for the user’s convenience.
 (1) The Director of the Department of Consumer and Business Services by rule shall establish procedures for notice filings required of federal covered investment advisers as well as procedures for licensing broker-dealers, state investment advisers, investment adviser representatives and salespersons. The director may coordinate notice filings or licensing with any national registration, licensing or notice filing system.
 (2) The director may require an applicant for a license as a broker-dealer or state investment adviser, including the applicant’s partners, directors, officers or any person occupying a similar status or performing similar functions, and any person directly or indirectly controlling such applicant and a person for whom application for a license as a salesperson or investment adviser representative is made, to pass an examination on such person’s knowledge and understanding of the Oregon Securities Law and the securities business. The director may establish by rule a fee for the examination.
 (3) The director may make such further examination of the applicant and the applicant’s affairs as the director deems advisable and may require by rule or order that the applicant publish an announcement of the application in such manner as the director may specify.
 (4)(a) Except as otherwise provided in paragraph (b) or (c) of this subsection, every applicant for a license as a broker-dealer or state investment adviser shall file with the director a corporate surety bond or irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the director may approve by rule running to the State of Oregon in a sum to be established by rule of the director, but in no event more than $100,000.
 (b) Licensed broker-dealers subject to section 15 of the Securities Exchange Act of 1934, as amended, are not required to comply with paragraph (a) of this subsection, nor are such licensed broker-dealers required to comply with any net capital requirements imposed by the director by rule or otherwise.
 (c) A licensed state investment adviser who has its principal place of business in a state other than this state shall be exempt from the requirements of paragraph (a) of this subsection and from any net capital requirements imposed by the director by rule or otherwise, as long as the licensed state investment adviser is:
 (A) Registered or licensed as a state investment adviser in the state where it maintains its principal place of business; and
 (B) In compliance with the bonding or net capital requirements of the state where it maintains principal place of business.
 (5)(a) Except as otherwise provided in paragraph (b) or (c) of this subsection, every applicant for a license or renewal of a license as a broker-dealer or state investment adviser shall file with the director proof that the applicant maintains an errors and omissions insurance policy in an amount of at least $1 million from an insurer authorized to transact insurance in this state or from any other insurer approved by the director according to standards established by rule.
 (b) A licensed broker-dealer subject to section 15 of the Securities Exchange Act of 1934, as amended, is not required to comply with paragraph (a) of this subsection.
 (c) A licensed state investment adviser who has its principal place of business in a state other than this state is exempt from the requirements of paragraph (a) of this subsection.
 (6)(a) Subject to paragraph (b) of this subsection, if the application, surety bond, irrevocable letter of credit or other security, errors and omissions insurance policy and fees are in order and the director is satisfied that the application should not be denied upon one or more of the grounds specified in ORS 59.205 to 59.225, the director shall license the broker-dealer, state investment adviser, salesperson or investment adviser representative.
 (b) If the director determines under ORS 59.205 or 59.215 that a condition or restriction should apply to the license, the director, at the time the license is issued, shall specify in writing to the licensee the condition or restriction applicable to the license.
 (7) A licensee under ORS 59.165 shall amend the license application when there are material changes in the information contained in the original application.
 (8) An applicant for or a person holding a license issued under ORS 59.005 to 59.505 may file with the director a trade name, as defined in ORS 647.005, or an assumed business name, as defined in ORS 648.005. The trade name or assumed business name shall be filed in a form and manner established by rule by the director. If the application is complete and the fee described in subsection (9) of this section is paid, the director shall issue an order authorizing the licensee to operate under the trade name or assumed business name. The order shall remain in effect until canceled, suspended or revoked.
 (9) The director shall charge and collect fees for:
 (a) An application for a license as a broker-dealer or state investment adviser;
 (b) An application to renew a license as a broker-dealer or state investment adviser;
 (c) An application for a license as a salesperson;
 (d) An application to renew a license as a salesperson;
 (e) An application for a license as an investment adviser representative;
 (f) An application to renew a license as an investment adviser representative;
 (g) A notice filing for a federal covered investment adviser;
 (h) A notice filing renewal for a federal covered investment adviser; and
 (i) A filing for use of a trade name or an assumed business name.
 (10)(a) The director shall set the fees described in subsection (9) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.
 (b) The director may adjust the amount of a fee described in subsection (9) of this section every two years to reflect changes in the national midpoint for a similar fee.
 (c) In determining the national midpoint for similar fees under this section, the director may consider national midpoints determined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission.
 (11) Except as provided in this subsection, the fees under this section are not refundable. The director may provide for a method of equitably adjusting the payment of fees for broker-dealers, federal covered investment advisers, state investment advisers, salespersons and investment adviser representatives when the director determines that the changes in filing periods and expiration dates under ORS 59.185 are not equitable for the person making the payment.
 Section 59.185 - Expiration of license; rules for renewal; change in personnel.
 (2)(a) Every license of an issuer’s or owner’s salesperson expires when the securities are no longer authorized for sale or one year after the date of issuance, whichever is sooner.
 (b) Unless the director establishes a different expiration date for the purposes of coordination with any national registration or licensing system, every license of a salesperson licensed to a broker-dealer and every license of an investment adviser representative licensed to a state investment adviser expires on the same date that the license of the broker-dealer or state investment adviser expires.
 (c) Unless the director establishes a different expiration date for the purposes of coordination with any national registration or licensing system, every license of an investment adviser representative licensed on behalf of a federal covered investment adviser expires the earlier of one year after the date of issuance or the date the notice of the federal covered investment adviser expires.
 (3) The director by rule shall establish procedures for renewing licenses of broker-dealers, state investment advisers, investment adviser representatives and salespersons, and for the annual renewal of notice filings made on behalf of federal covered investment advisers.
 (4) If there is a change in the partners, directors, officers, persons occupying similar positions or performing similar functions, or persons directly or indirectly controlling a broker-dealer or state investment adviser, written notification of such change shall promptly be filed with the director. No fee shall be required for such notification. An examination may be required of any such individual who is newly connected with or interested in the licensee. [1967 c.537 §19 (1), (2), (3); 1969 c.137 §5; 1985 c.349 §18; 1987 c.603 §12; 1989 c.197 §10; 1993 c.508 §32; 1997 c.772 §17; 1999 c.59 §14; 2003 c.270 §6]
 Section 59.195 - Licensees to keep records; inspection; filing of financial reports.
 (2) Subject to the provisions of section 15 of the Securities Exchange Act of 1934, as amended, and section 222 of the Investment Advisers Act of 1940, as amended, every broker-dealer, state investment adviser, investment adviser representative and salesperson shall file with the director such financial reports or other information as the director by rule or order may require. Licensed broker-dealers, state investment advisers, investment adviser representatives and salespersons shall promptly amend any document filed with the director which is or becomes incomplete or inaccurate in any material respect. Federal covered investment advisers shall promptly amend any document otherwise required to be filed with the director when the federal covered investment adviser is required to file an amendment with the United States Securities and Exchange Commission.
 (3) A state investment adviser that has its principal place of business in a state other than this state, and the investment adviser representatives of such a state investment adviser, shall be exempt from the requirements of subsection (1) of this section provided that the state investment adviser is registered as a state investment adviser in the state where it has its principal place of business and is in compliance with all such state’s requirements relating to accounts and records.
 (4)(a) Every broker-dealer and salesperson of such broker-dealer shall file with the director only such financial reports or other information as is otherwise required to be filed with the United States Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended.
 (b) Every state investment adviser that has its principal place of business in a state other than this state, and the investment adviser representatives of the state investment adviser, shall file with the director only the financial reports or other information that is required by the state in which the state investment adviser maintains its principal place of business, provided the state investment adviser is licensed in such state and is in compliance with all of such state’s reporting requirements. [1967 c.537 §19(4), (5); 1985 c.349 §20; 1987 c.603 §13; 1989 c.197 §11; 1993 c.508 §33; 1997 c.772 §18]
 Section 59.205 - Grounds for denying, suspending, revoking or imposing condition or restriction on license.
 (1) Is insolvent, either in the sense that the liabilities of the applicant or licensee exceed the assets of the applicant or licensee or that the applicant or licensee cannot meet the obligations of the applicant or licensee as they mature, or is in such financial condition that the applicant or licensee cannot continue in business with safety to the customers of the applicant or licensee.
 (2) Has engaged in dishonest, fraudulent or illegal practices or conduct in any business or profession or unfair or unethical practices or conduct in connection with the purchase or sale of any security.
 (3) Has willfully or repeatedly violated or failed to comply with any provision of the Oregon Securities Law, any condition or restriction imposed on a license or any rule or order of the director.
 (4) Has been convicted of a misdemeanor an essential element of which is fraud or of a felony.
 (5) Is not qualified to conduct a securities business on the basis of such factors as training, experience and knowledge of the securities business.
 (6) Has filed an application for a license which as of the date the license was issued, or as of the date of an order conditioning, restricting, denying, suspending or revoking a license, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact.
 (7) Has failed to account to persons interested for all money or property received.
 (8) Has not delivered after a reasonable time, to persons entitled thereto, securities held or to be delivered.
 (9) Is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities business.
 (10) Is the subject of an order of the director conditioning, restricting, denying, suspending or revoking a license as a broker-dealer, state investment adviser, investment adviser representative or salesperson.
 (11) Is the subject of an order of the director under:
 (a) ORS chapter 645 involving a violation of any provision of the Oregon Commodity Code or any rule or order of the director adopted or entered under ORS chapter 645; or
 (b) ORS 86A.095 to 86A.198 involving a violation of any provision of ORS 86A.095 to 86A.198 or any rule or order of the director adopted or entered under ORS 86A.095 to 86A.198.
 (12) Is the subject of any of the following orders that are currently effective and were issued within the last five years:
 (a) An order by the securities agency or administrator of another state or Canadian province or territory, or by the Securities and Exchange Commission, entered after notice and opportunity for hearing, denying, suspending or revoking the person’s registration or license as a broker-dealer, federal covered investment adviser, state investment adviser, investment adviser representative or salesperson, or the substantial equivalent of those terms as defined in the Oregon Securities Law;
 (b) A suspension or expulsion from membership in or association with a member of a self-regulatory organization registered under the Securities Exchange Act of 1934, as amended, the Commodity Exchange Act or the Investment Advisers Act of 1940, as amended;
 (c) A United States Postal Service fraud order;
 (d) A cease and desist order entered after notice and opportunity for hearing by the director, the securities agency or administrator of another state or a Canadian province or territory, the Securities and Exchange Commission or the Commodity Futures Trading Commission; or
 (e) An order by the Commodity Futures Trading Commission denying, suspending or revoking registration under the Commodity Exchange Act.
 (13) Has failed, reasonably to supervise the salespersons or investment adviser representatives of the applicant or licensee.
 (14) Has failed to comply with the requirements of ORS 59.195 to make and keep records prescribed by rule or order of the director, to produce such records required by the director or to file any financial reports or other information the director by rule or order may require. [1967 c.537 §20(1); 1969 c.137 §6; 1985 c.349 §21; 1987 c.603 §14; 1989 c.197 §12; 1993 c.508 §34; 1997 c.772 §19; 2001 c.32 §3; 2003 c.270 §7]
 Section 59.215 - Action against applicant or licensee for act or omission of associate; exceptions.
 (1) This section shall not apply to any issuer of a federal covered security, a federal covered investment adviser or to ORS 59.205 (1).
 (2) The director may not enter an order against a broker-dealer or state investment adviser on the basis of the lack of qualification under ORS 59.205 (5) of any person other than:
 (a) The broker-dealer or state investment adviser if the broker-dealer or state investment adviser is an individual; or
 (b) A salesperson of the broker-dealer or investment adviser representative of the state investment adviser.
 (3) The director may not enter an order solely on the basis of lack of experience if the applicant or licensee is qualified by training or knowledge or both.
 (4) If the director finds that an applicant for an initial license or a license renewal as a broker-dealer is not qualified as a state investment adviser, the director may condition the applicant’s license as a broker-dealer upon its not transacting business in this state as a state investment adviser. [1967 c.537 §20(2); 1985 c.349 §22; 1987 c.603 §15; 1989 c.197 §13; 1993 c.508 §35; 1997 c.772 §20; 2001 c.32 §4]
 Section 59.225 - Cancellation of license or application; application for withdrawal; effect of suspension or revocation.
 (2)(a) A broker-dealer, state investment adviser, investment adviser representative or salesperson may withdraw a license by filing an application to withdraw. Unless the director determines that the license should be suspended or revoked, the director shall allow the withdrawal subject to any conditions, limitations and restrictions the director may impose.
 (b) A federal covered investment adviser may terminate a notice filing pursuant to ORS 59.165 (7) by providing the director with written notice of such termination in accordance with the procedures established by the director.
 (3) When an investment adviser representative of a federal covered investment adviser begins or terminates an association with such federal covered investment adviser, the federal covered investment adviser or investment adviser representative shall promptly notify the director in writing in accordance with the procedures established by the director.
 (4) The suspension of a license of a broker-dealer or state investment adviser shall suspend the license of any salesperson of the broker-dealer or the license of any investment adviser representative of the state investment adviser. The revocation, cancellation, withdrawal or expiration of a license of a broker-dealer or state investment adviser shall cancel the license of any salesperson of the broker-dealer or the license of any investment adviser representative of the state investment adviser.
 (5) The suspension of a registration of securities suspends the license of any salesperson licensed to the issuer or owner of the securities. The revocation, cancellation, withdrawal or expiration of the registration of securities cancels the license of any salesperson licensed to the issuer or owner of the securities. [1967 c.537 §20(3), (4), (5); 1985 c.349 §23; 1987 c.603 §16; 1989 c.197 §14; 1993 c.508 §36; 1997 c.772 §21]
 Note: The amendments to 59.225 by section 2, chapter 313, Oregon Laws 2017, become operative July 31, 2018. See section 7, chapter 313, Oregon Laws 2017. The text that is operative on and after July 31, 2018, is set forth for the user’s convenience.
 (1) If the Director of the Department of Consumer and Business Services finds that an applicant or licensee has ceased to do business as a broker-dealer, state investment adviser, investment adviser representative or salesperson, or has failed to maintain a bond or other security required by ORS 59.175 (4), or has failed to maintain an errors and omissions insurance policy required by ORS 59.175 (5), or is subject to an adjudication of mental incompetence or to the control of a conservator or guardian, or cannot be located after reasonable search, the director may cancel the license or application.
 (2)(a) A broker-dealer, state investment adviser, investment adviser representative or salesperson may withdraw a license by filing an application to withdraw. Unless the director determines that the license should be suspended or revoked, the director shall allow the withdrawal subject to any conditions, limitations and restrictions the director may impose.
 (b) A federal covered investment adviser may terminate a notice filing pursuant to ORS 59.165 (7) by providing the director with written notice of such termination in accordance with the procedures established by the director.
 (3) When an investment adviser representative of a federal covered investment adviser begins or terminates an association with such federal covered investment adviser, the federal covered investment adviser or investment adviser representative shall promptly notify the director in writing in accordance with the procedures established by the director.
 (4) The suspension of a license of a broker-dealer or state investment adviser shall suspend the license of any salesperson of the broker-dealer or the license of any investment adviser representative of the state investment adviser. The revocation, cancellation, withdrawal or expiration of a license of a broker-dealer or state investment adviser shall cancel the license of any salesperson of the broker-dealer or the license of any investment adviser representative of the state investment adviser.
 (5) The suspension of a registration of securities suspends the license of any salesperson licensed to the issuer or owner of the securities. The revocation, cancellation, withdrawal or expiration of the registration of securities cancels the license of any salesperson licensed to the issuer or owner of the securities.
 Section 59.235 - General supervision over persons dealing in securities.
 Section 59.245 - Investigations; publicity with respect to violations; cease and desist order.
 (1) May make such public or private investigations within or outside this state as the director deems necessary to determine whether a person has violated or is about to violate any provision of the Oregon Securities Law or any rule or order of the director, or to aid in the enforcement of the Oregon Securities Law or in the formulation of rules and forms thereunder;
 (2) May require or permit a person to file a statement in writing, under oath or otherwise as the director determines, as to all the facts and circumstances concerning the matter to be investigated;
 (3) May publish information concerning any violation of the Oregon Securities Law or any rule or order of the director; and
 (4) If the director has reason to believe that any person has engaged, is engaging or is about to engage in any violation of the Oregon Securities Law, may issue an order, subject to ORS 59.295, directed to the person to cease and desist from the violation or threatened violation. [1967 c.537 §22; 1973 c.366 §6; 1999 c.315 §2; 2007 c.71 §14]
 Section 59.255 - Enjoining violations; fine; appointment of receiver; attorney fees; damages to private parties.
 (2) The court may fine the person against whom the order is entered not more than $20,000 for each violation, which shall be entered as a judgment and paid to the General Fund of the State Treasury. Each violation is a separate offense. In the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any continuing violation shall not exceed $100,000. If the court finds that the defendant has violated any provision of the Oregon Securities Law or any such rule or order, the court may appoint a receiver, who may be the director, for the defendant or the defendant’s assets. The court may not require the director to post a bond.
 (3) The court may award reasonable attorney fees to the director if the director prevails in an action under this section. The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the director had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
 (4) The director may include in any action authorized by this section:
 (a) A claim for restitution or damages under ORS 59.115, 59.127 or 59.137, on behalf of the persons injured by the act or practice constituting the subject matter of the action. The court shall have jurisdiction to award appropriate relief to such persons, if the court finds that enforcement of the rights of such persons by private civil action, whether by class action or otherwise, would be so burdensome or expensive as to be impractical; or
 (b) A claim for disgorgement of illegal gains or profits derived. Any recovery under this paragraph shall be turned over to the General Fund of the State Treasury unless the court requires other disposition.
 (5) The provisions of this section do not apply to:
 (a) A failure to file a notice and pay a fee pursuant to ORS 59.049 (1), (2) or (3);
 (b) A failure to file a notice and pay a fee pursuant to ORS 59.165 (7);
 (c) A failure to pay a fee pursuant to ORS 59.175 (8); or
 (d) A violation of any rule adopted by the director pursuant to ORS 59.049 (1), (2) or (3), 59.165 (7) or 59.175 (8). [1967 c.537 §23; 1971 c.394 §1; 1975 c.300 §4; 1981 c.897 §10; 1985 c.349 §26; 1995 c.696 §11; 1997 c.772 §23; 1999 c.53 §4; 1999 c.315 §3; 2003 c.631 §5]
 Note: The amendments to 59.255 by section 3, chapter 313, Oregon Laws 2017, become operative July 31, 2018. See section 7, chapter 313, Oregon Laws 2017. The text that is operative on and after July 31, 2018, is set forth for the user’s convenience.
 (1) Whenever it appears to the Director of the Department of Consumer and Business Services that a person has engaged, is engaging or is about to engage in an act or practice constituting a violation of any provision of the Oregon Securities Law or any rule or order of the director, the director may bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with the Oregon Securities Law or such rule or order. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.
 (2) The court may fine the person against whom the order is entered not more than $20,000 for each violation, which shall be entered as a judgment and paid to the General Fund of the State Treasury. Each violation is a separate offense. In the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any continuing violation shall not exceed $100,000. If the court finds that the defendant has violated any provision of the Oregon Securities Law or any such rule or order, the court may appoint a receiver, who may be the director, for the defendant or the defendant’s assets. The court may not require the director to post a bond.
 (3) The court may award reasonable attorney fees to the director if the director prevails in an action under this section. The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the director had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
 (4) The director may include in any action authorized by this section:
 (a) A claim for restitution or damages under ORS 59.115, 59.127 or 59.137, on behalf of the persons injured by the act or practice constituting the subject matter of the action. The court shall have jurisdiction to award appropriate relief to such persons, if the court finds that enforcement of the rights of such persons by private civil action, whether by class action or otherwise, would be so burdensome or expensive as to be impractical; or
 (b) A claim for disgorgement of illegal gains or profits derived. Any recovery under this paragraph shall be turned over to the General Fund of the State Treasury unless the court requires other disposition.
 (5) The provisions of this section do not apply to:
 (a) A failure to file a notice and pay a fee pursuant to ORS 59.049 (1), (2) or (3);
 (b) A failure to file a notice and pay a fee pursuant to ORS 59.165 (7);
 (c) A failure to pay a fee pursuant to ORS 59.175 (9); or
 (d) A violation of any rule adopted by the director pursuant to ORS 59.049 (1), (2) or (3) or 59.165 (7).
 Section 59.265 - Procedure when assets or capital of broker-dealer or investment adviser found impaired; involuntary liquidation.
 (2) If any person refuses to permit the director to take such possession, the director may apply to the circuit court of the county in which the principal place of business of such person is located for an order appointing a receiver, who may be the director, to take such possession.
 (3) If the deficiency in assets or capital has not been made good or the unsound condition remedied within 60 days from the date when the director or receiver took possession, the property, business and assets of such person located in this state shall be liquidated. If a receiver has not been appointed, the director shall apply for such appointment by the court in which the inventory was filed. The liquidation shall proceed as provided by law for liquidation of a private corporation in receivership.
 (4) The expenses of the receiver and compensation of counsel, as well as all expenditures required in the liquidation proceedings, shall be fixed by the director, subject to the approval of the court, and, upon certification by the director, shall be paid out of the funds in the hands of the director as such receiver. [1967 c.537 §24; 1987 c.603 §18; 1993 c.508 §38; 1997 c.772 §24; 2003 c.576 §186]
 Section 59.275 - Burden of proof.
 Section 59.285 - Rules; financial statements.
 (2) No rule may be made, amended or rescinded unless the director finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the provisions of the Oregon Securities Law.
 (3) Except as provided in subsection (4) of this section, all financial statements required by the Oregon Securities Law shall be prepared in accordance with generally accepted accounting principles. The director may by rule prescribe:
 (a) The form and content of financial statements required under the Oregon Securities Law;
 (b) The circumstances under which consolidated financial statements shall be filed; and
 (c) Whether any required financial statements shall be certified by independent or certified public accountants.
 (4) Subsection (3) of this section does not apply to any broker-dealer that is subject to the financial reporting requirements of the Securities Exchange Act of 1934, as amended, to any federal covered investment adviser or to any state investment adviser that has its principal place of business outside this state and is registered with the state in which the state investment adviser’s principal place of business is located. [1967 c.537 §28; 1987 c.603 §19; 1997 c.772 §25]
 Section 59.295 - Notice of orders; hearings on orders.
 (a) The issuer and applicant or registrant affected thereby with respect to orders entered pursuant to ORS 59.085 and 59.105;
 (b) The applicant or licensee and any investment adviser representative or salesperson affected thereby with respect to orders entered pursuant to ORS 59.205; or
 (c) All interested persons with respect to orders entered pursuant to any other provision of the Oregon Securities Law, except ORS 59.095.
 (2) If timely demand for a hearing is filed by a person entitled to notice of the order, the director shall hold a hearing on the order as provided by ORS chapter 183. In the absence of a timely demand for a hearing, no person shall be entitled to judicial review of the order.
 (3) After the hearing, the director shall enter a final order vacating, modifying or affirming the order.
 (4) The director may enter a final order revoking a license or registration notwithstanding the fact that the license or registration has expired, if the initial order of revocation was issued prior to expiration of the license or registration. [1967 c.537 §26; 1985 c.349 §27; 1987 c.603 §22; 1989 c.197 §16; 1991 c.734 §2d; 1997 c.772 §26]
 Section 59.305 - Judicial review of orders.
 (2) A judgment of a reviewing court under ORS chapter 183 may not bar the director from thereafter vacating or modifying an order involved in the proceeding for review, or entering any new order, for a proper cause which was not decided by the reviewing court. [1967 c.537 §27; 2003 c.576 §321]
 Section 59.315 - Oaths and subpoenas in proceedings before director.
 (2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court or of any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1967 c.537 §29; 1989 c.980 §5a]
 Section 59.325 - Certified copies of documents; fee; effect of certification.
 (2) A certificate of the director as to compliance or noncompliance with licensing or registration provisions of the Oregon Securities Law shall be taken and received in a civil or criminal proceeding in this state as prima facie evidence of the facts stated in the certificate. [1967 c.537 §30; 1987 c.603 §23; 1989 c.197 §17]
 Section 59.331 - Scope of Attorney General powers; consent of director; powers of circuit court; damages, restitution, disgorgement and other penalties.
 (a) Make public or private investigations within or outside this state as the Attorney General considers necessary to:
 (A) Determine whether a person has violated or is about to violate any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law; or
 (B) Aid in the enforcement of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law.
 (b) Require or permit a person to file a statement in writing, under oath or otherwise as the Attorney General determines, as to all the facts and circumstances concerning a matter to be investigated.
 (c) Administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records that the Attorney General considers relevant or material to an investigation.
 (d) Bring suit in the name and on behalf of the State of Oregon in the circuit court of any county to:
 (A) Enjoin any acts or practices the Attorney General has reason to believe that a person has engaged, is engaging or is about to engage in that constitute a violation of any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law; or
 (B) Enforce compliance with the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law.
 (2) The Attorney General may take action under subsection (1) of this section only in connection with any of the following alleged violations or cases:
 (a) Alleged violations involving companies whose securities are listed on the New York Stock Exchange, the American Stock Exchange or the National Association of Securities Dealers Automated Quotation System, Inc. National Market System;
 (b) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 166.715 to 166.735;
 (c) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 336.184 and 646.605 to 646.652; or
 (d) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 646.705 to 646.805.
 (3) The Attorney General may take action under subsection (1) of this section with respect to cases described in subsection (2)(b), (c) or (d) of this section only after receiving the director’s consent. The director may elect to be a named party in any action the Attorney General takes.
 (4) Each witness who appears before the Attorney General under a subpoena issued under this section shall receive the fees and mileage provided for witnesses in ORS 44.415 (2). If a person fails to comply with a subpoena issued under this section or if a party or witness refuses to testify on any matters, the judge of the circuit court of any county, on the application of the Attorney General, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in the court.
 (5) In an action brought under this section, a court:
 (a) Shall grant a permanent or temporary injunction, restraining order or writ of mandamus upon a proper showing by the Attorney General under subsection (1)(d) of this section.
 (b) May award reasonable attorney fees to:
 (A) The Attorney General if the Attorney General prevails in an action under this section.
 (B) A defendant if the defendant prevails in an action under this section and the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
 (6) The Attorney General may include any of the following in an action authorized by this section:
 (a) A claim for restitution or damages under ORS 59.115, 59.127 or 59.137, on behalf of the persons injured by the act or practice constituting the subject matter of the action. If the court finds that enforcement of the rights of the injured persons by private civil action, whether by class action or otherwise, would be so burdensome or expensive as to be impractical, the court has jurisdiction to award appropriate relief to the injured persons.
 (b) A claim for disgorgement of illegal gains or profits derived. The Attorney General shall deposit any moneys recovered under this paragraph in the General Fund of the State Treasury unless the court requires other disposition.
 (c) A claim for the appointment of a receiver of any property derived by means of any act or practice that constitutes a violation of any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law and of any books of account and papers relating to the property. Property for which a receiver may be appointed includes other property with which the property derived by means of a violation has been commingled if the property cannot be identified in kind because of the commingling. The receiver shall take possession of the property, books and papers and shall liquidate the property for the benefit of all persons who intervene in the action and establish an interest in the property. Subject to the approval of the court, the expenses and attorney fees of the receiver and any expenditures required in the liquidation proceeding shall be paid out of the funds of the receivership. The receiver may be the Attorney General. The court may not require the Attorney General to post a bond.
 (d) A claim for a fine of not more than $20,000 for each violation. The fine shall be entered as a judgment and paid to the General Fund of the State Treasury. Each violation is a separate offense. In the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any continuing violation may not exceed $100,000.
 (7) This section does not apply to:
 (a) A failure to file a notice and pay a fee under ORS 59.049 (1), (2) or (3);
 (b) A failure to file a notice and pay a fee under ORS 59.165 (7);
 (c) A failure to pay a fee under ORS 59.175 (8);
 (d) A violation of any rule adopted by the director under ORS 59.165 (7); or
 (e) A company that the director has licensed under ORS 59.165. [2007 c.481 §2]
 Note: The amendments to 59.331 by section 4, chapter 313, Oregon Laws 2017, become operative July 31, 2018. See section 7, chapter 313, Oregon Laws 2017. The text that is operative on and after July 31, 2018, is set forth for the user’s convenience.
 (1) Subject to subsection (2) of this section and after providing notice and an opportunity to participate to the Director of the Department of Consumer and Business Services, the Attorney General may:
 (a) Make public or private investigations within or outside this state as the Attorney General considers necessary to:
 (A) Determine whether a person has violated or is about to violate any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law; or
 (B) Aid in the enforcement of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law.
 (b) Require or permit a person to file a statement in writing, under oath or otherwise as the Attorney General determines, as to all the facts and circumstances concerning a matter to be investigated.
 (c) Administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records that the Attorney General considers relevant or material to an investigation.
 (d) Bring suit in the name and on behalf of the State of Oregon in the circuit court of any county to:
 (A) Enjoin any acts or practices the Attorney General has reason to believe that a person has engaged, is engaging or is about to engage in that constitute a violation of any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law; or
 (B) Enforce compliance with the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law.
 (2) The Attorney General may take action under subsection (1) of this section only in connection with any of the following alleged violations or cases:
 (a) Alleged violations involving companies whose securities are listed on the New York Stock Exchange, the American Stock Exchange or the National Association of Securities Dealers Automated Quotation System, Inc. National Market System;
 (b) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 166.715 to 166.735;
 (c) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 336.184 and 646.605 to 646.652; or
 (d) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 646.705 to 646.805.
 (3) The Attorney General may take action under subsection (1) of this section with respect to cases described in subsection (2)(b), (c) or (d) of this section only after receiving the director’s consent. The director may elect to be a named party in any action the Attorney General takes.
 (4) Each witness who appears before the Attorney General under a subpoena issued under this section shall receive the fees and mileage provided for witnesses in ORS 44.415 (2). If a person fails to comply with a subpoena issued under this section or if a party or witness refuses to testify on any matters, the judge of the circuit court of any county, on the application of the Attorney General, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in the court.
 (5) In an action brought under this section, a court:
 (a) Shall grant a permanent or temporary injunction, restraining order or writ of mandamus upon a proper showing by the Attorney General under subsection (1)(d) of this section.
 (b) May award reasonable attorney fees to:
 (A) The Attorney General if the Attorney General prevails in an action under this section.
 (B) A defendant if the defendant prevails in an action under this section and the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
 (6) The Attorney General may include any of the following in an action authorized by this section:
 (a) A claim for restitution or damages under ORS 59.115, 59.127 or 59.137, on behalf of the persons injured by the act or practice constituting the subject matter of the action. If the court finds that enforcement of the rights of the injured persons by private civil action, whether by class action or otherwise, would be so burdensome or expensive as to be impractical, the court has jurisdiction to award appropriate relief to the injured persons.
 (b) A claim for disgorgement of illegal gains or profits derived. The Attorney General shall deposit any moneys recovered under this paragraph in the General Fund of the State Treasury unless the court requires other disposition.
 (c) A claim for the appointment of a receiver of any property derived by means of any act or practice that constitutes a violation of any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law and of any books of account and papers relating to the property. Property for which a receiver may be appointed includes other property with which the property derived by means of a violation has been commingled if the property cannot be identified in kind because of the commingling. The receiver shall take possession of the property, books and papers and shall liquidate the property for the benefit of all persons who intervene in the action and establish an interest in the property. Subject to the approval of the court, the expenses and attorney fees of the receiver and any expenditures required in the liquidation proceeding shall be paid out of the funds of the receivership. The receiver may be the Attorney General. The court may not require the Attorney General to post a bond.
 (d) A claim for a fine of not more than $20,000 for each violation. The fine shall be entered as a judgment and paid to the General Fund of the State Treasury. Each violation is a separate offense. In the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any continuing violation may not exceed $100,000.
 (7) This section does not apply to:
 (a) A failure to file a notice and pay a fee under ORS 59.049 (1), (2) or (3);
 (b) A failure to file a notice and pay a fee under ORS 59.165 (7);
 (c) A failure to pay a fee under ORS 59.175 (9);
 (d) A violation of any rule adopted by the director under ORS 59.165 (7); or
 (e) A company that the director has licensed under ORS 59.165.
 Section 59.335 - Application of certain sections.
 (a) An offer to sell is made in this state; or
 (b) An offer to buy is made and accepted in this state.
 (2) ORS 59.145 and 59.165 (1) apply to persons who buy or offer to buy when:
 (a) An offer to buy is made in this state; or
 (b) An offer to sell is made and accepted in this state.
 (3) ORS 59.135, 59.145 and 59.165, insofar as federal covered investment advisers or state investment advisers are concerned, apply when an act instrumental in effecting prohibited conduct is done in this state, whether or not either party is then present in this state. [1967 c.537 §31(1), (2), (6); 1987 c.603 §29; 1997 c.772 §27; 2003 c.631 §6; 2005 c.22 §39]
 Section 59.345 - When offer to sell or buy is made in this state.
 (a) Originates from this state; or
 (b) Is directed by the offeror to this state and received at the place to which it is directed (or at any post office in this state in the case of a mailed offer).
 (2)(a) For the purpose of ORS 59.335, an offer to buy or to sell is accepted in this state when acceptance:
 (A) Is communicated to the offeror in this state; and
 (B) Has not previously been communicated to the offeror, orally or in writing, outside this state.
 (b) Acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed (or at any post office in this state in the case of a mailed acceptance).
 (3) An offer to sell or to buy is not made in this state solely because:
 (a) A publisher circulates or there is circulated on behalf of the publisher in this state any bona fide newspaper or other publication of general, regular, and paid circulation that is not published in this state, or that is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months; or
 (b) A radio or television program originating outside this state is received in this state. [1967 c.537 §31(3),(4),(5)]
 Section 59.350 - Treatment of certain transactions.
 (1) A transaction with spouses married to each other is treated as a transaction with one person. The securities may be held jointly or individually.
 (2) A transaction with an entity is treated as a transaction with one person. However, if an entity is formed substantially for the purpose of acquiring the securities that are offered, each security holder shall be counted as a separate person. [1985 c.349 §11; 2015 c.629 §4]
 Section 59.355 - Corporations subject to other laws.
 (1) Does not repeal any law regulating the organization of corporations in this state or the admission of any foreign corporation.
 (2) Is additional to any provisions regulating the organization of a corporation under the laws of this state or the admission of a foreign corporation to do business in this state. [1967 c.537 §32]
 Section 59.365 - Common-law and statutory rights not limited.
 Section 59.370 - Limitation on liability for good faith act or omission; reports regarding salespersons or investment adviser representatives; limitation on liability related to reports; rules.
 (2) A broker-dealer, federal covered investment adviser or state investment adviser shall report information to the director regarding salespersons or investment adviser representatives licensed to the broker-dealer, federal covered investment adviser or state investment adviser. The director, by rule, shall establish the reporting requirements under this subsection. In adopting rules under this subsection, the director shall consider and to the greatest extent practicable adopt the applicable public reporting requirements of the National Association of Securities Dealers, Inc., and the federal Securities and Exchange Commission.
 (3) A broker-dealer, federal covered investment adviser or state investment adviser is not liable in any civil action by or on behalf of a salesperson or an investment adviser representative, including counterclaims, third-party claims or cross-claims, that is related to an alleged untrue statement made in connection with a report made under subsection (2) of this section, unless the salesperson or investment adviser representative shows by clear and convincing evidence that:
 (a) The broker-dealer, federal covered investment adviser or state investment adviser knew at the time the report was made that the report contained a statement regarding the salesperson or investment adviser representative that was false in any material respect; or
 (b) The broker-dealer, federal covered investment adviser or state investment adviser acted in reckless disregard as to the statement’s truth or falsity. [1987 c.603 §21; 2001 c.434 §1]
 Section 59.451 - Prohibition against filing false statement by person under investigation or examination.
 Section 59.480 - Definitions for ORS 59.480 to 59.505.
 (1)(a) "Financial exploitation" means:
 (A) Wrongfully taking assets, funds or property belonging to or intended for the use of another person;
 (B) Alarming another person by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out;
 (C) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by another person; or
 (D) Using the income or assets of another person for purposes other than the support and maintenance of the person without the person’s consent.
 (b) "Financial exploitation" does not include a transfer of money or property that is made for the purpose of qualifying a person for Medicaid benefits or for any other state or federal assistance program, or the holding and exercise of control over money or property after such a transfer.
 (2) "Financial institution" has the meaning given that term in ORS 706.008.
 (3) "Qualified individual" means an individual who is:
 (a) A salesperson;
 (b) An investment adviser representative; or
 (c) A person who serves in a supervisory, compliance or legal capacity for a broker-dealer or state investment adviser, or who is otherwise identified in the written supervisory procedures of a broker-dealer or state investment adviser.
 (4) "Trust company" has the meaning given that term in ORS 706.008.
 (5) "Vulnerable person" has the meaning given that term in ORS 124.100. [2017 c.514 §2]
 Section 59.485 - Required reporting by certain securities professionals of suspected financial exploitation.
 (2) A notification made under subsection (1) of this section must include the following information, if known:
 (a) The identity and address of the vulnerable person;
 (b) The identity of all persons that the qualified individual believes are responsible for the suspected or attempted financial exploitation; and
 (c) The nature and extent of the suspected or attempted financial exploitation.
 (3) Upon receipt of a notification under subsection (1) of this section, the department shall:
 (a) Immediately forward the notification to the Department of Human Services;
 (b) If it reasonably appears that a violation of the Oregon Securities Law or rules adopted thereunder has occurred or is occurring, promptly investigate the suspected or attempted financial exploitation; and
 (c) If it reasonably appears that a crime has been committed or attempted, promptly notify a law enforcement agency.
 (4) Subsection (1) of this section does not apply to a qualified individual who is employed by a financial institution or trust company. [2017 c.514 §3]
 Section 59.490 - Notifications to third parties.
 (2) Disclosure may not be made under this section to any third party that is suspected of actual or attempted financial exploitation or other abuse of the vulnerable person. [2017 c.514 §4]
 Section 59.495 - Delay of disbursements; notifications.
 (a) The broker-dealer, the state investment adviser or a qualified individual reasonably believes that the requested disbursement might result in financial exploitation of a vulnerable person; and
 (b) The broker-dealer or state investment adviser:
 (A) Within two business days of the request for disbursement, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, except to any party that is suspected to have engaged in actual or attempted financial exploitation of the vulnerable person;
 (B) Within two business days of the request for disbursement, notifies the Department of Consumer and Business Services and the Department of Human Services of the delay and the reason for the delay; and
 (C) Conducts an internal review of the suspected financial exploitation and reports the results of the review to the Department of Consumer and Business Services and the Department of Human Services.
 (2) A delay of a disbursement under this section may not extend beyond the earlier of:
 (a) Fifteen business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds; or
 (b) The date on which a determination is made by the broker-dealer or state investment adviser that the disbursement will not result in financial exploitation of the vulnerable person.
 (3) Notwithstanding subsection (2) of this section, upon request of the Department of Consumer and Business Services, a delay of a disbursement under this section may extend beyond 15 business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds, but not beyond the earliest of:
 (a) Twenty-five business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds;
 (b) The date on which an order terminating the delay is entered by a court of competent jurisdiction; or
 (c) The date on which the department issues an order terminating the delay.
 (4) The department or a broker-dealer or state investment adviser that initiated a delay of a disbursement under this section may petition a court of competent jurisdiction for an order delaying or enjoining a disbursement of funds or for other protective relief on the grounds that financial exploitation of a vulnerable person is otherwise likely to occur. [2017 c.514 §5]
 Section 59.500 - Limitation on liability.
 (1) Disclosing information under ORS 59.485, 59.490 or 59.505;
 (2) Failing to notify a vulnerable person of a disclosure of information under ORS 59.485, 59.490 or 59.505; or
 (3) Delaying a disbursement under ORS 59.495. [2017 c.514 §6]
 Section 59.505 - Provision of records to law enforcement and certain state agencies.
 (2) A record made available to an agency under this section is not a public record for purposes of ORS 192.311 to 192.478.
 (3) Nothing in this section limits the authority of the Department of Consumer and Business Services to access or examine the books and records of broker-dealers and state investment advisers as otherwise provided by law. [2017 c.514 §7]
 Section 59.535 - Definitions for ORS 59.535 to 59.585.
 (1) "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
 (2) "Devisee" means any person designated in a will to receive a disposition of real or personal property.
 (3) "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
 (4) "Person" means an individual, a corporation, an organization or other legal entity.
 (5) "Personal representative" includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status.
 (6) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
 (7) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
 (8) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
 (9) "Security" means a share, participation or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security and a security account.
 (10) "Security account" means:
 (a) A reinvestment account associated with a security, a securities account with a broker, cash, cash equivalents, interest, earnings or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner’s death;
 (b) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death; or
 (c) An investment management account, a safekeeping account or a custody account with a financial institution or trust company, as those terms are defined in ORS 706.008, including the securities in the account and cash, cash equivalents, interest, earnings or dividends earned or declared on a security in the account, whether or not credited to the account before the owner’s death.
 (11) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States. [1991 c.306 §1; 2007 c.514 §1]
 Section 59.540 - Registration in beneficiary form; sole or joint tenancy ownership.
 Section 59.545 - Registration in beneficiary form; applicable law.
 Section 59.550 - Origination of registration in beneficiary form.
 Section 59.555 - Form of registration in beneficiary form.
 Section 59.560 - Effect of registration in beneficiary form.
 Section 59.565 - Ownership on death of owner.
 Section 59.570 - Protection of registering entity.
 (2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in ORS 59.535 to 59.585.
 (3) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with ORS 59.565 and does so in good faith reliance on the registration, on ORS 59.535 to 59.585 and on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary’s representatives, or other information available to the registering entity. The protections of ORS 59.535 to 59.585 do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under ORS 59.535 to 59.585.
 (4) The protection provided by ORS 59.535 to 59.585 to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds. [1991 c.306 §8]
 Section 59.575 - Nontestamentary transfer on death.
 (2) ORS 59.535 to 59.585 do not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state. [1991 c.306 §9]
 Section 59.580 - Terms, conditions and forms for registration.
 (2) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
 (a) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown Jr.
 (b) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr.
 (c) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. SUB BENE Peter Q. Brown
 or
 John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. LDPS. [1991 c.306 §10]
 Section 59.585 - Short title; rules of construction.
 (2) ORS 59.535 to 59.585 shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of ORS 59.535 to 59.585 among states enacting it.
 (3) Unless displaced by the particular provisions of ORS 59.535 to 59.585, the principles of law and equity supplement its provisions. [1991 c.306 §11]
 Section 59.710 - Definitions for ORS 59.710 to 59.830.
 (1) "Security," "securities" or "securities or commodities," mean and include all evidences of debt or property and options for their purchase, shares in any corporation or association, bonds, coupons, scrip, rights, choses in action, and other evidences of debt or property, and options for their purchase, or anything movable that is bought and sold.
 (2) "Broker" means and includes every person who in this state engages, either for all or part of the person’s time, in the business of selling any securities or commodities, or purchasing, or otherwise acquiring securities or commodities from another for the purpose of reselling them or offering them for sale to the public; or in the business of offering, buying or selling, or otherwise dealing or trading in securities or commodities, as agent or principal, for commission or at a profit; and every person who deals in futures or differences in market quotations of prices or values of any securities or commodities, or accepts margins on purchases or sales, or pretended purchases or sales of securities or commodities.
 (3) "Bucket shop" means any building, or any room, apartment, booth, office or store therein, or any other place where any contract prohibited by ORS 59.710 to 59.830 is made or offered to be made more than once and in the course of continuing or repeated transactions.
 (4) "Bonds" includes the bonds or other evidences of debt of a corporation, company or association.
 Section 59.720 - Application of ORS 59.710 to 59.830 to real estate contracts and brokers.
 Section 59.730 - Making contract involving securities without intending a bona fide sale or purchase.
 (1) Intending that the contract shall be terminated, closed or settled according to, or upon the basis of the public market quotations of or prices made on any board of trade or exchange or market which deals in such commodities or securities, and without intending a bona fide purchase or sale of the same; or
 (2) Intending that the contract shall be deemed terminated, closed and settled when the market quotations or prices mentioned in subsection (1) of this section for the securities or commodities named in the contract reach a certain figure, without intending a bona fide purchase or sale of the same; or
 (3) Not intending the actual bona fide receipt or delivery of such securities or commodities, but intending a settlement of the contract based upon the difference in the public market quotations or prices, mentioned in subsection (1) of this section, at which the securities or commodities are, or are asserted to be, bought or sold. The prosecution, conviction and punishment of a corporation for violation of this section shall not be deemed to be a prosecution, conviction or punishment of any of its officers, directors or stockholders.
 Section 59.740 - Conducting bucket shop or repeatedly making forbidden contracts.
 Section 59.750 - Receipt or communication of prices for purpose of forbidden contract.
 Section 59.760 - Reporting false sale of securities with intent to deceive.
 Section 59.770 - Manipulating market by pretended sales.
 Section 59.780 - Broker’s trading against customer’s order; violation of ORS 59.780 to 59.800 by member of broker’s firm.
 (2) No broker, employed by a customer to sell stocks or bonds, while acting as broker for the customer in respect to the sale of such stocks or bonds, shall purchase for the broker’s own account the same kind or issue of stocks or bonds, with intent to trade against the customer’s order.
 (3) Every member of a firm of brokers who either does, or consents or assents to the doing of, any act prohibited by this section, ORS 59.790 or 59.800 is guilty of violating the section prohibiting the act.
 Section 59.790 - Insolvent broker-dealer receiving securities from customer.
 Section 59.800 - Pledge or sale by broker-dealer of customer’s securities.
 (1) While having in the possession of the broker-dealer, for safekeeping or otherwise, stocks or bonds belonging to a customer, without having any lien thereon or any special property therein, pledge or dispose thereof without the customer’s consent; or
 (2) While having in the possession of the broker-dealer stocks or bonds belonging to a customer on which the broker-dealer has a lien for indebtedness due to the broker-dealer by the customer, pledge the same for more than the amount due to the broker-dealer thereon, or otherwise dispose thereof for the broker-dealer’s own benefit, with or without the customer’s consent, and without having in possession of the broker-dealer or subject to control of the broker-dealer, stocks or bonds of the kind and amount to which the customer is then entitled, for delivery to the customer upon demand of the customer therefor and tender of the amount due thereon, and thereby cause the customer to lose, in whole or in part, such stocks or bonds, or the value thereof; or
 (3) Fail, on demand, to deliver to any customer, stocks or bonds owned by the customer, and in the possession of such broker-dealer, upon payment or tender of the amount the same was pledged to secure. [Amended by 1987 c.158 §13]
 Section 59.810 - Delivery to customer of true statement of purchase or sale made by broker.
 Section 59.820 - Actions against corporation for second violation.
 (2) If a foreign corporation is convicted of a second offense under ORS 59.730 to 59.810, the circuit court has jurisdiction in an action brought as provided in subsection (1) of this section to restrain the corporation from doing business in this state.
 Section 59.830 - Self-incrimination by witness; immunity from prosecution.
 Section 59.840
 Section 59.845
 Section 59.850
 Section 59.855
 Section 59.860
 Section 59.865
 Section 59.870
 Section 59.875
 Section 59.880
 Section 59.885
 Section 59.890
 Section 59.895
 Section 59.900
 Section 59.905
 Section 59.910
 Section 59.915
 Section 59.920
 Section 59.925
 Section 59.930
 Section 59.935
 Section 59.940
 Section 59.945
 Section 59.950
 Section 59.955
 Section 59.960
 Section 59.962
 Section 59.965
 Section 59.967
 Section 59.969
 Section 59.970
 Section 59.971
 Section 59.972
 Section 59.973
 Section 59.975
 Section 59.977
 Section 59.980
 Section 59.991 - Criminal penalties for ORS 59.005 to 59.505 and 59.710 to 59.830; exceptions.
 (2) Violation of ORS 59.315 (2) or 59.810 is a Class A misdemeanor.
 (3) This section does not apply to a failure to file a notice and pay a fee under ORS 59.049 (1), (2) or (3), nor to a failure to file a notice and pay a fee pursuant to ORS 59.165 (7), nor to a failure to pay a fee pursuant to ORS 59.175 (8), nor to a violation of any rule adopted by the director under ORS 59.049 (1), (2) or (3), 59.165 (7) or 59.175 (8). [1967 c.537 §35; 1981 c.292 §5; 1987 c.603 §24; 1997 c.772 §28; 1999 c.53 §5]
 Note: The amendments to 59.991 by section 5, chapter 313, Oregon Laws 2017, become operative July 31, 2018. See section 7, chapter 313, Oregon Laws 2017. The text that is operative on and after July 31, 2018, is set forth for the user’s convenience.
 (1) Except as provided in subsection (3) of this section, violation of any provision of ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995 or any rule adopted by the Director of the Department of Consumer and Business Services under ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995, except ORS 59.315 (2) or 59.810, is a Class B felony.
 (2) Violation of ORS 59.315 (2) or 59.810 is a Class A misdemeanor.
 (3) This section does not apply to a failure to file a notice and pay a fee under ORS 59.049 (1), (2) or (3), nor to a failure to file a notice and pay a fee pursuant to ORS 59.165 (7), nor to a failure to pay a fee pursuant to ORS 59.175 (9), nor to a violation of any rule adopted by the director under ORS 59.049 (1), (2) or (3) or 59.165 (7).
 Section 59.992
 Section 59.995 - Civil penalties for ORS 59.005 to 59.505 and 59.710 to 59.830; exceptions.
 (b) Notwithstanding paragraph (a) of this subsection, any person who violates or who procures, aids or abets the violation of ORS 59.485 or of any rule adopted by the director for administration of ORS 59.480 to 59.505 shall be subject to a penalty of not more than $1,000 for every violation, which shall be paid to the General Fund of the State Treasury.
 (2) Every violation described in subsection (1)(a) of this section is a separate offense and, in the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any continuing violation shall not exceed $100,000.
 (3) Civil penalties under this section shall be imposed as provided in ORS 183.745.
 (4) This section does not apply to a failure to file a notice and pay a fee pursuant to ORS 59.049 (1), (2) or (3), nor to a failure to file a notice and pay a fee pursuant to ORS 59.165 (7), nor to a failure to pay a fee pursuant to ORS 59.175 (8), nor to a violation of any rule adopted by the director under ORS 59.049 (1), (2) or (3), 59.165 (7) or 59.175 (8). [1973 c.366 §10; 1975 c.491 §5; 1983 c.696 §7; 1985 c.349 §28; 1989 c.197 §18; 1991 c.734 §3; 1997 c.772 §29; 1999 c.53 §6; 1999 c.315 §4; 2017 c.514 §8]
 Note: The amendments to 59.995 by section 6, chapter 313, Oregon Laws 2017, become operative July 31, 2018. See section 7, chapter 313, Oregon Laws 2017. The text that is operative on and after July 31, 2018, is set forth for the user’s convenience.
 (1)(a) Except as provided in paragraph (b) of this subsection, in addition to all other penalties and enforcement provisions provided by law, any person who violates or who procures, aids or abets the violation of ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995 or any rule or order of the Director of the Department of Consumer and Business Services shall be subject to a penalty of not more than $20,000 for every violation, which shall be paid to the General Fund of the State Treasury.
 (b) Notwithstanding paragraph (a) of this subsection, any person who violates or who procures, aids or abets the violation of ORS 59.485 or of any rule adopted by the director for administration of ORS 59.480 to 59.505 shall be subject to a penalty of not more than $1,000 for every violation, which shall be paid to the General Fund of the State Treasury.
 (2) Every violation described in subsection (1)(a) of this section is a separate offense and, in the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any continuing violation shall not exceed $100,000.
 (3) Civil penalties under this section shall be imposed as provided in ORS 183.745.
 (4) This section does not apply to a failure to file a notice and pay a fee pursuant to ORS 59.049 (1), (2) or (3), nor to a failure to file a notice and pay a fee pursuant to ORS 59.165 (7), nor to a failure to pay a fee pursuant to ORS 59.175 (9), nor to a violation of any rule adopted by the director under ORS 59.049 (1), (2) or (3) or 59.165 (7).
 Section 59.996
 Chapter 060 - Private Corporations
 Section 60.001 - Definitions.
 (1) "Anniversary" means the day each year that is exactly one or more years after:
 (a) The date on which the Secretary of State files the articles of incorporation for a domestic corporation.
 (b) The date on which the Secretary of State files an application for authority to transact business for a foreign corporation.
 (2) "Articles of incorporation" means the articles described in ORS 60.047, amended and restated articles of incorporation, articles of conversion or articles of merger.
 (3) "Authorized shares" means the shares of all classes that a domestic or foreign corporation is authorized to issue.
 (4) "Conspicuous" means written, printed, typed, displayed or otherwise presented so that a reasonable person against whom a writing is to operate should have noticed the writing as a consequence of a use of a method to draw attention to the writing, such as italics, boldface, contrasting color, capitalization or underlining.
 (5) "Corporation" or "domestic corporation" means a corporation for profit that is incorporated under or subject to the provisions of this chapter and that is not a foreign corporation.
 (6) "Delivery" means any method of delivery used in conventional commercial practice, including by hand, mail, commercial delivery and, in accordance with ORS 60.034, electronic transmission.
 (7) "Distribution" means a direct or indirect transfer of money or other property, except of a corporation’s own shares, or a corporation’s incurrence of indebted
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