ORS Chapter 31
Chapter 31 — TortActions
2009 EDITION
TORTACTIONS
SPECIALACTIONS AND PROCEEDINGS
SPECIALMOTION TO STRIKE
31.150 Specialmotion to strike; when available; burden of proof
31.152 Timefor filing special motion to strike; discovery; attorney fees
31.155 Exemptactions; substantive law not affected
DEFENSESGENERALLY
31.180 Certainfelonious conduct of plaintiff complete defense in tort actions; proof;exceptions
RULESGOVERNING PARTICULAR CLAIMS FOR RELIEF
(Defamation)
31.200 Liabilityof radio or television station personnel for defamation
31.205 Damagesrecoverable for defamation by radio, television, motion pictures, newspaper orprinted periodical
31.210 Whengeneral damages allowed
31.215 Publicationof correction or retraction upon demand
31.220 Effectof publication of correction or retraction prior to demand
31.225 Publisher’sdefenses and privileges not affected
(WrongfulUse of Civil Proceeding)
31.230 Wrongfuluse of civil proceeding; pleading; procedure
(ActionsAgainst Health Practitioners and Health Care Facilities)
31.250 Mandatorydispute resolution for certain actions against health practitioners and healthcare facilities
(ActionsAgainst Construction Design Professionals)
31.300 Pleadingrequirements for actions against construction design professionals
(ActionsAgainst Real Estate Licensees)
31.350 Pleadingrequirements for actions against real estate licensees
(ActionsArising From Injuries Caused by Dogs)
31.360 Proofrequired for claim of economic damages in action arising from injury caused bydog
ADVANCEPAYMENTS
31.550 “Advancepayment” defined
31.555 Effectof advance payment; payment as satisfaction of judgment
31.560 Advancepayment for death or personal injury not admission of liability; when advancepayment made
31.565 Advancepayment for property damage not admission of liability
COLLATERALBENEFITS
31.580 Effectof collateral benefits
COMPARATIVENEGLIGENCE
31.600 Contributorynegligence not bar to recovery; comparative negligence standard; third partycomplaints
31.605 Specialquestions to trier of fact; jury not to be informed of settlement
31.610 Liabilityof defendants several only; determination of defendants’ shares of monetaryobligation; reallocation of uncollectible obligation; parties exempt fromreallocation
31.615 Setoffof damages not allowed
31.620 Doctrinesof last clear chance and implied assumption of risk abolished
DAMAGES
(EconomicDamages)
31.700 Rightto include medical expenses paid by parent or conservator in action to recoverfor damages to child; effect of consent to inclusion
(VerdictForm)
31.705 Economicand noneconomic damages separately set forth in verdict
(NoneconomicDamages)
31.710 Noneconomicdamages; award; limit; “economic damages” and “noneconomic damages” defined
31.715 Limitationon recovery of noneconomic damages arising out of operation of motor vehicle;uninsured plaintiff; plaintiff driving under influence of intoxicants
(PunitiveDamages)
31.725 Pleadingpunitive damages; motion to amend pleading to assert claim for punitivedamages; hearing
31.730 Standardsfor award of punitive damages; required review of award by court; additionalreduction of award for remedial measures
31.735 Distributionof punitive damages; notice to Department of Justice; order of application
31.740 Whenaward of punitive damages against health practitioner prohibited
(Mitigationof Damages)
31.760 Evidenceof nonuse of safety belt or harness to mitigate damages
CONTRIBUTION
31.800 Rightof contribution among joint tortfeasors; limitations; subrogation of insurer;effect on indemnity right
31.805 Basisfor proportional shares of tortfeasors
31.810 Enforcementof right of contribution; commencement of separate action; barring right ofcontribution; effect of satisfaction of judgment
31.815 Covenantnot to sue; effect; notice
31.820 Severability
ASSIGNMENTOF CAUSE OF ACTION AGAINST INSURER
31.825 Assignmentof cause of action against insurer
CHOICEOF LAW FOR TORTS AND OTHER NONCONTRACTUAL CLAIMS
(Definitions)
31.850 Definitions
(Applicability)
31.855 Applicability
(PreliminaryIssues)
31.860 Characterization
31.862 Localizationand other factual determinations
31.865 Determiningdomicile
(ClaimsGoverned by Oregon Law)
31.870 Claimsgoverned by Oregon law
31.872 Productliability civil actions
(Choiceof Law)
31.875 Generalrules
31.878 Generaland residual approach
31.880 Jointtortfeasors and third parties
31.885 Agreementson applicable foreign law
31.890 Commentary
ABOLISHEDCOMMON LAW ACTIONS
31.980 Actionfor alienation of affections abolished
31.982 Actionfor criminal conversation abolished
31.010 [Repealed by1981 c.898 §53]
31.020 [Repealed by1981 c.898 §53]
31.030 [Repealed by1981 c.898 §53]
31.040 [Repealed by1981 c.898 §53]
31.050 [Renumbered652.500]
SPECIALMOTION TO STRIKE
31.150Special motion to strike; when available; burden of proof. (1) A defendantmay make a special motion to strike against a claim in a civil action describedin subsection (2) of this section. The court shall grant the motion unless theplaintiff establishes in the manner provided by subsection (3) of this sectionthat there is a probability that the plaintiff will prevail on the claim. Thespecial motion to strike shall be treated as a motion to dismiss under ORCP 21A but shall not be subject to ORCP 21 F. Upon granting the special motion tostrike, the court shall enter a judgment of dismissal without prejudice. If thecourt denies a special motion to strike, the court shall enter a limitedjudgment denying the motion.
(2)A special motion to strike may be made under this section against any claim ina civil action that arises out of:
(a)Any oral statement made, or written statement or other document submitted, in alegislative, executive or judicial proceeding or other proceeding authorized bylaw;
(b)Any oral statement made, or written statement or other document submitted, inconnection 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 aplace open to the public or a public forum in connection with an issue ofpublic interest; or
(d)Any other conduct in furtherance of the exercise of the constitutional right ofpetition or the constitutional right of free speech in connection with a publicissue or an issue of public interest.
(3)A defendant making a special motion to strike under the provisions of thissection has the initial burden of making a prima facie showing that the claimagainst which the motion is made arises out of a statement, document or conductdescribed in subsection (2) of this section. If the defendant meets thisburden, the burden shifts to the plaintiff in the action to establish thatthere is a probability that the plaintiff will prevail on the claim bypresenting substantial evidence to support a prima facie case. If the plaintiffmeets this burden, the court shall deny the motion.
(4)In making a determination under subsection (1) of this section, the court shallconsider pleadings and supporting and opposing affidavits stating the factsupon which the liability or defense is based.
(5)If the court determines that the plaintiff has established a probability thatthe plaintiff will prevail on the claim:
(a)The fact that the determination has been made and the substance of thedetermination 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 thatis applied in the proceeding. [Formerly 30.142; 2009 c.449 §1]
Note: Section 2,chapter 449, Oregon Laws 2009, provides:
Sec.2.The amendments to ORS 31.150 by section 1 of this 2009 Act apply only tospecial motions to strike filed under ORS 31.150 on or after the effective dateof this 2009 Act [January 1, 2010]. [2009 c.449 §2]
31.152Time for filing special motion to strike; discovery; attorney fees. (1) A specialmotion to strike under ORS 31.150 must be filed within 60 days after theservice of the complaint or, in the court’s discretion, at any later time. Ahearing shall be held on the motion not more than 30 days after the filing ofthe motion unless the docket conditions of the court require a later hearing.