72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2049
 
LC 259/HB 2049-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2049
 
                    By COMMITTEE ON JUDICIARY
 
                            March 26
 
  On page 1 of the printed bill, delete lines 7 through 18 and
insert:
  ' (2) At the time of filing a pleading with the court, the
pleading may not contain a request for an award of punitive
damages. A party may move the court to allow the party to amend
the pleading to assert a claim for punitive damages. The party
making the motion may submit affidavits and documentation
supporting the claim for punitive damages. The party or parties
opposing the motion may submit a response to the motion. The
responding party may attach opposing affidavits and documentation
to the response. The moving party may reply to the response.
  ' (3) A motion to amend under subsection (2) of this section
must be filed and served on all other parties not less than 60
days before trial. The response of the party or parties opposing
the motion must be filed and served on all parties not later than
20 days after the motion is served on the party or parties making
the response. A reply to the response must be filed and served on
all parties not more than five days after the response is served
on the moving party. The court shall modify the time periods
provided in this subsection for good cause shown, including but
not limited to a showing that the action was arbitrated under ORS
36.400 to 36.425, a written notice of appeal was filed under ORS
36.425 (2) and the date set for trial of the action is less than
60 days after the notice of appeal is filed.
  ' (4) A party making a motion to amend under subsection (2) of
this section may submit an affidavit setting forth grounds for a
grant of additional time to conduct discovery and other
investigation necessary to produce evidence in support of an
award of punitive damages. If the court determines that there are
good and sufficient reasons for granting additional time, the
court shall modify the time periods provided in subsection (3) of
this section to allow the moving party such additional time as
the court deems just for conducting discovery or other
investigation.'.
  In line 19, delete '(3)' and insert '(5)'.
  In line 24, delete '(4)' and insert '(6)'.
  Delete lines 27 and 28.
  In line 29, delete '(6)' and insert '(7)'.
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