Oregon Revised Statutes

Chapter 24 — Enforcement and Recognition of Foreign Judgments; Foreign-Money Claims

63 sections

24.010 [1955 c.647 §1; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.020 [1955 c.647 §2; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.030 [1955 c.647 §3; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.040 [1955 c.647 §4; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.050 [1955 c.647 §5; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.060 [1955 c.647 §6; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.070 [1955 c.647 §7; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.080 [1955 c.647 §8; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.090 [1955 c.647 §9; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.100 [1955 c.647 §10; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.105 Definition for ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175

In ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175, “foreign judgment” means: Any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state; and Any judgment, decree or order of a tribal court of a federally recognized Indian tribe, except when another Oregon statute provides …

24.110 [1955 c.647 §11; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.115 Filing of foreign judgment; fees; effect

A copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of any county of this state. Except as otherwise provided by law, the person filing the copy of the foreign judgment must pay a filing fee of $190. The clerk shall treat the foreign jud…

24.120 [1955 c.647 §12; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.125 Notice of filing of judgment; delay in enforcement

At the time of the filing of the foreign judgment, the judgment creditor or the creditor’s lawyer shall make and file with the clerk of the court an affidavit or declaration under penalty of perjury in the form required by ORCP 1 E setting forth the names and last-known post-office addresses of the judgment debtor and the judgment creditor, together with the…

24.129 Certification of filing in single court; filing of certified copy or lien record abstract for other counties

At the time of filing of any foreign judgment as provided in ORS 24.115, the judgment creditor shall certify that the judgment creditor is filing such judgment in only one court in Oregon. Thereafter, a certified copy of the judgment or a lien record abstract may be recorded in the County Clerk Lien Record of any other county in this state as provided in ORS…

24.130 [1955 c.647 §13; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.135 Grounds for staying enforcement of judgment; security for satisfaction of judgment; fees

If the judgment debtor shows the court of any county that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgme…

24.140 Interest and costs

When a registered foreign judgment becomes a final judgment of this state, the court shall include as part of the judgment interest payable on the foreign judgment under the law of the state in which it was rendered, and the cost of obtaining the authenticated copy of the original judgment. The court shall include as part of its judgment court costs incident…

24.150 Satisfaction of judgment; filing

Satisfaction, either partial or complete, of the original judgment or of a judgment entered thereupon in any other state shall operate to the same extent as satisfaction of the judgment in this state, except as to costs authorized by ORS 24.140. When such judgment in this state has been satisfied, including costs authorized by ORS 24.140, it shall be the res…

24.155 Optional procedure

The right of a judgment creditor to bring an action to enforce the judgment instead of proceeding under ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175 remains unimpaired.

24.160 [1955 c.647 §16; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.165 Construction of ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175

ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175 shall be interpreted and construed in order to effectuate its general purpose to make uniform the law of those states which enact it.

24.170 [1955 c.647 §17; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.175 Short title

ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175 may be cited as the Uniform Enforcement of Foreign Judgments Act.

24.180 [1955 c.647 §18; repealed by 1979 c.577 §8]repealed

No operative statutory text appears at this designation in the selected edition.

24.185 [1991 c.222 §1; 1993 c.188 §9; 1997 c.863 §1; repealed by 1999 c.250 §5]repealed

No operative statutory text appears at this designation in the selected edition.

24.190 Foreign restraining orders

For the purposes of this section: “Foreign restraining order” means a restraining order that is a foreign judgment as defined by ORS 24.105. “Restraining order” means an injunction or other order issued for the purpose of preventing: Violent or threatening acts or harassment against another person; Sexual violence against another person; Contact or comm…

24.200 [1977 c.61 §1; 1991 c.67 §3; repealed by 2009 c.48 §14]repealed

No operative statutory text appears at this designation in the selected edition.

24.210 [1977 c.61 §7; repealed by 2009 c.48 §14]repealed

No operative statutory text appears at this designation in the selected edition.

24.220 [1977 c.61 §§2,3,4; 2003 c.281 §2; repealed by 2009 c.48 §14]repealed

No operative statutory text appears at this designation in the selected edition.

24.230 [1977 c.61 §6; repealed by 2009 c.48 §14]repealed

No operative statutory text appears at this designation in the selected edition.

24.240 [1977 c.61 §5; repealed by 2009 c.48 §14]repealed

No operative statutory text appears at this designation in the selected edition.

24.250 [1977 c.61 §8; repealed by 2009 c.48 §14]repealed

No operative statutory text appears at this designation in the selected edition.

24.255 [1977 c.61 §9; repealed by 2009 c.48 §14]repealed

No operative statutory text appears at this designation in the selected edition.

24.260 Definitions for ORS 24.260 to 24.335

For the purposes of ORS 24.260 to 24.335: “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. “Bank-offered spot rate” means the spot rate of exchange at which a bank will sell foreign money at a spot rate. “Conversion date” means the banking day next preceding t…

24.265 Scope of application of ORS 24.260 to 24.335

ORS 24.260 to 24.335 apply only to a foreign-money claim in an action or distribution proceeding. 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.

24.270 Variation of application by agreement

The effect of ORS 24.260 to 24.335 may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. The right of the parties to vary the effect of ORS 24.260 to 24.335 includes, but is not limited to, the selection of the date and time for conversion or of a specified rate of exchan…

24.275 Determining proper money of the claim

The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. 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: Regularly used between the parties as a matter of usage or course of dealing; Used at the t…

24.280 Determining amount of money of certain contract claims

If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. 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 …

24.285 Asserting and defending foreign-money claim

A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. 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. A person may assert a defense, setoff, recoupment or counterclaim in …

24.290 Judgments and awards on foreign-money claims; times of money conversion; form of judgment; post-judgment enforcement

Except as provided in subsection (3) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. 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 conversio…

24.295 Conversions of foreign money in distribution proceeding

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversi…

24.300 Prejudgment and judgment interest

With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (2) of this section, are matters of the substantive law governing the right to recovery under the conflict of laws rules of this state. The court or arbitrator s…

24.305 Enforcement of foreign judgments

If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in ORS 24.290, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars. A foreign judgment may…

24.310 Determining United States dollar value of foreign-money claims for limited purposes

Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment. 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 re…

24.315 Effect of currency substitution

If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses den…

24.320 Supplementary general principles of law

Unless displaced by particular provisions of ORS 24.260 to 24.335, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement its provisions.

24.325 Uniformity of application and construction

ORS 24.260 to 24.335 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 24.260 to 24.335 among states enacting it.

24.330 Severability

If any provision of ORS 24.260 to 24.335 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of ORS 24.260 to 24.335 which can be given effect without the invalid provision or application, and to this end the provisions of ORS 24.260 to 24.335 are severable.

24.335 Short title

ORS 24.260 to 24.335 may be cited as the Uniform Foreign-Money Claims Act. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT

24.350 Definitions for ORS 24.350 to 24.400

As used in ORS 24.350 to 24.400: “Foreign country” means a government other than: The United States; A state, district, commonwealth, territory or insular possession of the United States; or 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 determ…

24.355 Applicability to judgments

Except as provided in subsection (2) of this section, ORS 24.350 to 24.400 apply to a foreign-country judgment to the extent that the judgment: Grants or denies recovery of a sum of money; and Under the law of the foreign country where rendered, is final, conclusive and enforceable. ORS 24.350 to 24.400 do not apply to a foreign-country judgment, even if …

24.360 Standards for recognition of foreign-country judgment

Except as provided in subsections (2) and (3) of this section, a court of this state shall recognize a foreign-country judgment to which ORS 24.350 to 24.400 apply. A court of this state may not recognize a foreign-country judgment if: The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with …

24.365 Personal jurisdiction

A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: The defendant was served with process personally in the foreign country; 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 t…

24.370 Procedure for recognition of foreign-country judgment

If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. 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.

24.375 Effect of recognition of foreign-country judgment

If the court in a proceeding under ORS 24.370 finds that the foreign-country judgment is entitled to recognition under ORS 24.350 to 24.400, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: Conclusive between the parties to the same extent as the judgment of another state ent…

24.380 Stay of proceedings pending appeal of foreign-country judgment

If a party establishes that an appeal from a foreign-country judgment is pending or that an appeal will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires or the appellant has had sufficient time to prosecute the appeal and has failed to do so.

24.385 Statute of limitations

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.

24.390 Uniformity of interpretation

In applying and construing ORS 24.350 to 24.400, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

24.395 Saving clause

ORS 24.350 to 24.400 do not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of ORS 24.350 to 24.400.

24.400 Short title

ORS 24.350 to 24.400 may be cited as the Uniform Foreign-Country Money Judgments Recognition Act. GENDER-AFFIRMING TREATMENT AND REPRODUCTIVE HEALTH CARE SERVICES

24.500 Certain laws of other states contrary to public policy; prohibitions on issuance of foreign subpoenas

As used in this section: “Gender-affirming treatment” means a procedure, service, drug, device or product that a physical or behavioral health care provider prescribes to treat an individual for incongruence between the individual’s gender identity and the individual’s sex assignment at birth. “Reproductive health” means reproductive processes, functions a…