Chapter 33 — Special Proceedings and Procedures

33.010 [Amended by 1981 c.898 §37; repealed by 1991 c.724 §32]

CONTEMPT PROCEEDINGS

33.015 Definitions for ORS 33.015 to 33.155

For the purposes of ORS 33.015 to 33.155: “Confinement” means custody or incarceration, whether actual or constructive. “Contempt of court” means the following acts, done willfully: 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. Disobedience…

33.020 [Repealed by 1991 c.724 §32]

33.025 Nature of contempt power; entity defendants

The power of a court to impose a remedial or punitive sanction for contempt of court is an inherent judicial power. ORS 33.015 to 33.155 establish procedures to govern the exercise of that power. An entity is liable for contempt if: The conduct constituting contempt is engaged in by an agent of the entity while acting within the scope of employment and on …

33.030 [Repealed by 1991 c.724 §32]

33.035 Appointed counsel

Whenever ORS 33.015 to 33.155 provide for appointed counsel, appointment of counsel and payment of counsel and related expenses shall be made as follows: 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. For cont…

33.040 [Amended by 1955 c.648 §2; 1961 c.210 §5; repealed by 1991 c.724 §32]

33.045 Types of sanctions

A court may impose either remedial or punitive sanctions for contempt. Confinement may be remedial or punitive. The sanction is: Remedial if it continues or accumulates until the defendant complies with the court’s order or judgment. Punitive if it is for a definite period that will not be reduced even if the defendant complies with the court’s order or j…

33.050 [Repealed by 1991 c.724 §32]

33.055 Procedure for imposition of remedial sanctions

Except as otherwise provided in ORS 161.685, proceedings to impose remedial sanctions for contempt shall be conducted as provided in this section. The following persons may initiate the proceeding by filing an action and may request that the contempt defendant be ordered to appear: A party aggrieved by an alleged contempt of court. A district attorney. A…

33.060 [Amended by 1981 c.781 §1; 1983 c.561 §1; repealed by 1991 c.724 §32]

33.065 Procedure for imposition of punitive sanctions

Except as otherwise provided in ORS 161.685, proceedings to impose punitive sanctions for contempt shall be conducted as provided in this section. The following persons may initiate the proceeding by an accusatory instrument charging a person with contempt of court and seeking a punitive sanction: A city attorney. A district attorney. The Attorney Genera…

33.070 [Amended by 1973 c.836 §321; repealed by 1991 c.724 §32]

33.075 Compelling attendance of defendant

If a person served with an order to appear under ORS 33.055 fails to appear at the time and place specified in the order, the court may issue any order or warrant necessary to compel the appearance of the defendant. 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…

33.080 [Amended by 1973 c.836 §322; repealed by 1991 c.724 §32]

33.085 Compelling testimony of witness

Upon the motion of the person initiating the proceeding, the court may compel the testimony of a witness as provided under ORS 136.617 in a contempt proceeding under ORS 33.055 or 33.065. 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 proceedin…

33.090 [Amended by 1973 c.836 §323; repealed by 1991 c.724 §32]

33.095 [1975 c.516 §2; 1981 c.898 §38; 1987 c.803 §15; 1989 c.171 §5; repealed by 1991 c.724 §32]

33.096 Summary imposition of sanction

A court may summarily impose a sanction upon a person who commits a contempt of court in the immediate view and presence of the court. The sanction may be imposed for the purpose of preserving order in the court or protecting the authority and dignity of the court. The provisions of ORS 33.055 and 33.065 do not apply to summary imposition of sanctions under …

33.100 [Repealed by 1991 c.724 §32]

33.105 Sanctions authorized

Unless otherwise provided by statute, a court may impose one or more of the following remedial sanctions: 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. Confinement for so long as the contempt continues, or six months, whichever is the shorter period. An amou…

33.110 [Repealed by 1991 c.724 §32]

33.115 Referral to another judge

A judge may be disqualified from a contempt proceeding as provided for in other cases under ORS 14.210 to 14.270. ORS 14.260 (3) shall not apply to a motion to disqualify a judge in a contempt proceeding. The judge to whom the contempt is referred shall assume authority over and conduct any further proceedings relating to the contempt.

33.125 Appeal

The imposition of a sanction for contempt shall be by a judgment. 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 sa…

33.130 [Repealed by 1991 c.724 §32]

33.135 Limitations of actions

Except as provided in subsection (5) of this section, proceedings under ORS 33.055 to impose remedial sanctions for contempt and under ORS 33.065 to impose punitive sanctions for contempt shall be commenced within two years of the act or omission constituting the contempt. For the purposes of this section, a proceeding to impose remedial sanctions shall be …

33.140 [Repealed by 1991 c.724 §32]

33.145 Rules

The Supreme Court may adopt rules to carry out the purposes of ORS 33.015 to 33.155.

33.150 [Repealed by 1991 c.724 §32]

33.155 Applicability

ORS 33.015 to 33.145 apply to every court and judicial officer of this state, including municipal, county and justice courts. Rules adopted by the Supreme Court apply to those courts, but the application of such rules to municipal, county and justice courts does not confer any supervisory or administrative authority on the Supreme Court or the State Court Ad…

33.210 [Amended by 1979 c.284 §67; 1989 c.955 §1; renumbered 36.300 in 1989]

33.220 [Renumbered 36.305 in 1989]

33.230 [Amended by 1979 c.284 §68; renumbered 36.310 in 1989]

33.240 [Renumbered 36.315 in 1989]

33.250 [Renumbered 36.320 in 1989]

33.260 [Renumbered 36.325 in 1989]

33.270 [Renumbered 36.330 in 1989]

33.280 [Renumbered 36.335 in 1989]

33.290 [Renumbered 36.340 in 1989]

33.300 [Amended by 1985 c.496 §19; renumbered 36.345 in 1989]

33.310 [Amended by 1985 c.496 §20; renumbered 36.350 in 1989]

33.320 [Amended by 1985 c.496 §21; renumbered 36.355 in 1989]

33.330 [Renumbered 36.360 in 1989]

33.340 [Amended by 1985 c.496 §22; renumbered 36.365 in 1989]

33.350 [1983 c.670 §1; 1985 c.342 §3; renumbered 36.400 in 1989]

33.360 [1983 c.670 §2; 1987 c.116 §1; 1987 c.125 §1; renumbered 36.405 in 1989]

33.370 [1983 c.670 §3; 1987 c.116 §2; renumbered 36.410 in 1989]

33.380 [1983 c.670 §4; 1985 c.342 §4; 1987 c.116 §3; renumbered 36.415 in 1989]

33.390 [1983 c.670 §5; renumbered 36.420 in 1989]

33.400 [1983 c.670 §6; renumbered 36.425 in 1989]

CHANGE OF NAME

33.410 Jurisdiction; grounds

Application for change of name of a person may be heard and determined by the probate court or, if the circuit court is not the probate court, the circuit court if its jurisdiction has been extended to include this section pursuant to ORS 3.275 of the county in which the person resides. The change of name shall be granted by the court unless the court finds …

33.420 Notice of application in case of minor child; exception; sealing of record in certain cases

Except as provided in ORS 109.360, before entering a judgment for a change of name in the case of a minor child, the court shall require that written notice be given to the parents of the child, both custodial and noncustodial, and to any legal guardian of the child. Notwithstanding subsection (1) of this section, notice of an application for the change of …

33.430 Change of name on record of live birth; court conference with child

In the case of a change, by court order, of the name of the parents of any minor child, if the child’s record of live birth is on file in this state, the State Registrar of the Center for Health Statistics, upon receipt of a certified copy of the court order changing the name, together with the information required to locate the original record of live birth…

33.440 Application by minor child; court conference

When a minor child applies for a change of name under ORS 33.410, the court may, upon its own motion, 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 child to attend the conference, and t…

33.460 Jurisdiction; grounds; procedure

Application for legal change of sex of a person may be heard and determined by any circuit court in this state. A circuit court may order a legal change of sex and enter a judgment indicating the change of sex if the individual attests that the individual has undergone surgical, hormonal or other treatment appropriate for the individual for the purpose of af…

33.510 Discharge of surety or letter of credit issuer on application of surety or issuer

The surety or the representatives of any surety upon the bond of any trustee, committee, guardian, assignee, receiver, executor, administrator or other fiduciary, and any irrevocable letter of credit issuer for any trustee, committee, guardian, assignee, receiver, executor, administrator or other fiduciary is entitled as a matter of right to be discharged fr…

33.520 Discharge of surety or letter of credit issuer on application of principal

Any trustee, committee, guardian, assignee, receiver, executor, administrator or other fiduciary shall be entitled to have any surety on the bond of the fiduciary or of any irrevocable letter of credit issuer discharged from liability thereon, and the fiduciary may file a new bond or irrevocable letter of credit as provided in this section. The fiduciary may…

33.530 Liability of sureties or letter of credit issuer after termination of bond or letter of credit

When a bond or an irrevocable letter of credit of any personal representative, guardian or conservator is terminated upon the issuance of a new bond or irrevocable letter of credit to the personal representative, guardian or conservator by a new surety or letter of credit issuer, the former surety or letter of credit issuer shall not be liable on the old bon…

33.610 Evaluating securities of secured creditor

In the administration of a decedent’s estate, or whenever the assets of any person, partnership or corporation are being administered in receivership or any liquidation proceedings, or under an assignment for the benefit of creditors, the value of securities held by secured creditors shall be determined by converting the same into money according to the term…

33.710 Definitions; judicial examination to determine legality of any municipal corporation’s organization and actions

As used in this section and ORS 33.720, unless the context requires otherwise: “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 …

33.720 Proceeding in rem; practice and procedure as in action not triable by right to jury; service by publication; appeal; costs

The determination authorized by ORS 33.710 shall be in the nature of a proceeding in rem; and the practice and procedure therein shall follow the practice and procedure of an action not triable by right to a jury, as far as the same is consistent with the determination sought to be obtained, except as provided in this section. Jurisdiction of the municipal …

33.810 [1955 c.522 §1; repealed by 1967 c.460 §8]

33.820 [1955 c.522 §2; repealed by 1967 c.460 §8]

33.830 [1955 c.522 §3; repealed by 1967 c.460 §8]

TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS

33.850 Definitions for ORS 33.850 to 33.875

As used in ORS 33.850 to 33.875: “Annuity issuer” means an insurer that has entered into a contract to fund periodic payments under a structured settlement agreement. “Independent professional advice” means advice of an attorney, certified public accountant, actuary, financial advisor or other professional advisor: Who is engaged by a payee to render advi…

33.855 Transfer of payment rights; petition; notice

A payee may transfer payment rights under ORS 33.850 to 33.875 if: The payee is domiciled in this state; The domicile or principal place of business of the obligor or the annuity issuer is located in this state; The structured settlement agreement was approved by a court or responsible administrative authority in this state; or The structured settlement …

33.857 Contents of petition

A petition for approval of a transfer of payment rights filed under ORS 33.855 must: Include the payee’s name, age and county of residence. 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. Be accompanied by a copy of the…

33.860 Disclosure statement

Not less than 14 days before a payee signs a transfer agreement, a transferee shall provide the payee with a disclosure statement in not less than 14-point type that sets forth: The amounts and due dates of the structured settlement payments to be transferred. The aggregate amount of the payments to be transferred. The discounted present value of the paym…

33.862 Information that may be requested at hearing

At the hearing on a petition to transfer payment rights filed under ORS 33.855, the court or responsible administrative authority may ask the payee to provide testimony on or other evidence related to the following matters and any other relevant evidence that the court or authority deems appropriate to make the findings required by ORS 33.865: The payee’s m…

33.865 Required findings by court or responsible administrative authority

A transfer of payment rights under ORS 33.850 to 33.875 is not effective and an obligor or annuity issuer is not required to make any payments directly or indirectly to a transferee unless the transferee has filed a petition under ORS 33.857 and the transfer is approved by the court or responsible administrative authority based on express findings by the cou…

33.870 Liability of parties after transfer

Following a transfer of payment rights under ORS 33.850 to 33.875: 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. The transferee shall be liable to the obligor and the annuity issuer: If the transfer contravenes the terms of the structured settl…

33.875 Limitations on transfers

The provisions of ORS 33.850 to 33.875 may not be waived by any payee. 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 agreem…