Chapter 20 — Attorney Fees; Costs and Disbursements

20.010 [Repealed by 1981 c.898 §53]

20.015 [1983 c.527 §3; repealed by 2001 c.417 §5]

20.020 [Repealed by 1981 c.898 §53]

20.030 [Repealed by 1979 c.284 §199]

20.040 [Amended by 1979 c.284 §59; repealed by 1981 c.898 §53]

20.050 [Repealed by 1981 c.898 §53]

20.055 [1967 c.359 §703a; repealed by 1981 c.898 §53]

20.060 [Repealed by 1981 c.898 §53]

20.070 [Amended by 1977 c.544 §1; repealed by 1981 c.898 §53]

ATTORNEY FEES; EXPERT WITNESS FEES

20.075 Factors to be considered by court in awarding attorney fees; limitation on appellate review of attorney fee award; definition of “attorney” for purposes of laws authorizing award of attorney fees

A court shall consider the following factors in determining whether to award attorney fees in any case in which an award of attorney fees is authorized by statute and in which the court has discretion to decide whether to award attorney fees: The conduct of the parties in the transactions or occurrences that gave rise to the litigation, including any conduc…

20.077 Determination of prevailing party; cases in which more than one claim made; prevailing party on appeal

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

20.080 Attorney fees for certain small tort claims

In any action for damages for an injury or wrong to the person or property, or both, of another where the amount pleaded is $10,000 or less, and the plaintiff prevails in the action, there shall be taxed and allowed to the plaintiff, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees for the prosecution of the action, if th…

20.082 Attorney fees for small contract claims

As used in this section, “contract” includes: Express contracts; Implied contracts; and Instruments or documents evidencing a debt. Except as provided in this section, a court shall allow reasonable attorney fees to the prevailing party on any claim based on contract if: The amount of the principal together with interest due on the contract at the time …

20.083 Award of attorney fees under void contract, under unenforceable contract or to person who is not party to contract

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

20.085 Costs and attorney fees in inverse condemnation proceedings

In a proceeding brought under section 18, Article I or section 4, Article XI of the Oregon Constitution by an owner of property or by a person claiming an interest in property, if the owner or other person prevails, the owner or other person shall be entitled to costs and disbursements and reasonable attorney fees at trial and on appeal.

20.090 [Amended by 1963 c.247 §1; 1973 c.553 §1; 1981 c.897 §3; repealed by 1997 c.182 §7]

20.094 Attorney fees in actions or suits in which discharge in bankruptcy asserted

In any action or suit on a debt in which the defendant asserts a discharge in bankruptcy as a defense, the court shall award a reasonable attorney fee at trial and on appeal to the prevailing party.

20.095 [1953 c.213 §1; repealed by 1965 c.611 §18]

20.096 Reciprocity of attorney fees and costs in proceedings to enforce contract

In any action or suit in which a claim is made based on a contract that specifically provides that attorney fees and costs incurred to enforce the provisions of the contract shall be awarded to one of the parties, the party that prevails on the claim shall be entitled to reasonable attorney fees in addition to costs and disbursements, without regard to wheth…

20.097 Attorney fees and costs where defendant prevails in certain proceedings to enforce contract

In any action or suit on a contract by an assignee of any right under that contract, the maker of that contract and the plaintiff in the action or suit on that contract shall be severally liable for any attorney fees and costs that may be awarded to the defendant in the action. As used in this section, “maker” means the original party to the contract which …

20.098 Attorney fees and compensation of expert witnesses in certain proceedings for breach of warranty

In any action for damages for breach of an express or implied warranty in a sale of consumer goods or services where the amount pleaded is $2,500 or less and the plaintiff prevails in the action, there shall be taxed and allowed to the plaintiff, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees for the prosecution of the …

20.100 [Repealed by 1981 c.898 §53]

20.105 Attorney fees where party disobeys court order or asserts claim, defense or ground for appeal without objectively reasonable basis

In any civil action, suit or other proceeding in a circuit court or in the regular division or the magistrate division of the Oregon Tax Court, or in any civil appeal to or review by the Court of Appeals or Supreme Court, the court shall award reasonable attorney fees to a party against whom a claim, defense or ground for appeal or review is asserted, if tha…

20.107 Attorney and expert witness fees and other costs on claim of unlawful discrimination; defense

In any civil judicial proceeding, including judicial review of an administrative proceeding based on a claim of unlawful discrimination, the court shall award to the prevailing plaintiff attorney and expert witness fees reasonably and necessarily incurred in connection with the discrimination claim, at the trial court or agency level and on appeal. The court…

20.110 [Repealed by 1981 c.898 §53]

OTHER COSTS

20.115 Service expenses recoverable as costs and disbursements

A person who is otherwise entitled to recover costs and disbursements may recover the following amounts as part of costs and disbursements: An amount paid to a sheriff for service of process or other documents under ORS 21.300. An amount paid to a person other than a sheriff for service of process or other documents. Except as provided in subsection (2) of…

20.120 Costs on review of decision of officer, tribunal, or court of inferior jurisdiction

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

20.125 Assessment of costs and attorney fees against attorney causing mistrial

In the case of a mistrial in a civil or criminal action, if the court determines that the mistrial was caused by the deliberate misconduct of an attorney, the court, upon motion by the opposing party or upon motion of the court, shall assess against the attorney causing the mistrial costs and disbursements, as defined in ORCP 68, and reasonable attorney fees…

20.130 Proceeding to which state or public corporation is party

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

20.140 State and certain public corporations not required to advance costs; payment of costs recovered

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

20.150 Recovery of costs and disbursements when party represented by another

In an action, suit or proceeding prosecuted or defended by an executor, administrator, trustee of an express trust or person expressly authorized by statute to prosecute or defend therein, or in which a party appears by general guardian, conservator or guardian ad litem, costs and disbursements shall be recovered or not as in ordinary cases, but if recovered…

20.160 [Amended by 1991 c.331 §5; 1997 c.631 §367; 2003 c.576 §285; 2005 c.22 §11; repealed by 2009 c.427 §1]

20.170 [Amended by 1991 c.331 §6; repealed by 2009 c.427 §1]

20.180 Effect of tender as to costs

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

20.190 Prevailing party fees

Except as provided in subsections (2) to (5) of this section, a prevailing party in a civil action or proceeding who has a right to recover costs and disbursements in the following cases also has a right to recover, as a part of the costs and disbursements, the following additional amounts: In the Supreme Court or Court of Appeals, on an appeal, $100. In a…

20.210 [Amended by 1959 c.638 §7; 1979 c.284 §60; repealed by 1981 c.898 §53]

APPEALS ON ATTORNEY FEES AND OTHER COSTS

20.220 Appeal on attorney fees and costs; effect of reversal or modification

An appeal may be taken from a judgment under ORCP 68 C(4) allowing or denying attorney fees or costs and disbursements on questions of law only, as in other cases. On such appeal the statement of attorney fees or costs and disbursements, the objections thereto and the judgment rendered thereon shall constitute the trial court file, as defined in ORS 19.005. …

20.230 [Repealed by 1981 c.898 §53]

COSTS AND DISBURSEMENTS IN APPELLATE COURTS

20.310 Costs and disbursements in Supreme Court or Court of Appeals

In any appeal to the Court of Appeals or review by the Supreme Court, the court shall allow costs and disbursements to the prevailing party, unless a statute provides that in the particular case costs and disbursements shall not be allowed to the prevailing party or shall be allowed to some other party, or unless the court directs otherwise. If, under a spec…

20.320 Statement of costs and disbursements; objections

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

20.330 Costs and disbursements in cases of original jurisdiction

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

20.340 Contingent fee agreement

In any civil action arising out of bodily injury, death or property damage, including claims for emotional injury or distress, loss of care, comfort, companionship and society, and loss of consortium, if an attorney for a plaintiff in respect to any civil action enters into an agreement with the plaintiff whereby the attorney receives as a fee a percentage o…