Oregon Law
Law as of Jan 1, 2024
Chapter contents
20.010[Repealed by 1981 c.898 §53] 20.015[1983 c.527 §3; repealed by 2001 c.417 §5] 20.020[Repealed by 1981 c.898 §53] 20.030[Repealed by 1979 c.284 §199] 20.040[Amended by 1979 c.284 §59; repealed by 1981 c.898 §53] 20.050[Repealed by 1981 c.898 §53] 20.055[1967 c.359 §703a; repealed by 1981 c.898 §53] 20.060[Repealed by 1981 c.898 §53] 20.070[Amended by 1977 c.544 §1; repealed by 1981 c.898 §53] 20.075Factors to be considered by court in awarding attorney fees; limitation on appellate review of attorney fee award; definition of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 20.077Determination of prevailing party; cases in which more than one claim made; prevailing party on appeal 20.080Attorney fees for certain small tort claims 20.082Attorney fees for small contract claims 20.083Award of attorney fees under void contract, under unenforceable contract or to person who is not party to contract 20.085Costs and attorney fees in inverse condemnation proceedings 20.090[Amended by 1963 c.247 §1; 1973 c.553 §1; 1981 c.897 §3; repealed by 1997 c.182 §7] 20.094Attorney fees in actions or suits in which discharge in bankruptcy asserted 20.095[1953 c.213 §1; repealed by 1965 c.611 §18] 20.096Reciprocity of attorney fees and costs in proceedings to enforce contract 20.097Attorney fees and costs where defendant prevails in certain proceedings to enforce contract 20.098Attorney fees and compensation of expert witnesses in certain proceedings for breach of warranty 20.100[Repealed by 1981 c.898 §53] 20.105Attorney fees where party disobeys court order or asserts claim, defense or ground for appeal without objectively reasonable basis 20.107Attorney and expert witness fees and other costs on claim of unlawful discrimination; defense 20.110[Repealed by 1981 c.898 §53] 20.115Service expenses recoverable as costs and disbursements 20.120Costs on review of decision of officer, tribunal, or court of inferior jurisdiction 20.125Assessment of costs and attorney fees against attorney causing mistrial 20.130Proceeding to which state or public corporation is party 20.140State and certain public corporations not required to advance costs; payment of costs recovered 20.150Recovery of costs and disbursements when party represented by another 20.160[Amended by 1991 c.331 §5; 1997 c.631 §367; 2003 c.576 §285; 2005 c.22 §11; repealed by 2009 c.427 §1] 20.170[Amended by 1991 c.331 §6; repealed by 2009 c.427 §1] 20.180Effect of tender as to costs 20.190Prevailing party fees 20.210[Amended by 1959 c.638 §7; 1979 c.284 §60; repealed by 1981 c.898 §53] 20.220Appeal on attorney fees and costs; effect of reversal or modification 20.230[Repealed by 1981 c.898 §53] 20.310Costs and disbursements in Supreme Court or Court of Appeals 20.320Statement of costs and disbursements; objections 20.330Costs and disbursements in cases of original jurisdiction 20.340Contingent fee agreement

Chapter 20 — Attorney Fees; Costs and Disbursements

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

(1)

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 whether the prevailing party is the party specified in the contract and without regard to whether the prevailing party is a party to the 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.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.