72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 259
 
                           A-Engrossed
 
                         House Bill 2049
                  Ordered by the House March 26
            Including House Amendments dated March 26
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Committee on
  Judiciary)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requires that motion to amend pleading to assert claim for
punitive damages be filed and served not less than   { - 45 - }
 { + 60 + } days before date set for trial. Allows opposing party
or parties to file and serve response not less than 20 days after
service of motion. Allows reply to response within five days
after service of response.   { - Allows - }   { + Requires + }
court to modify time periods for good cause shown. { +  Specifies
certain grounds for modifying time periods. + }
 
                        A BILL FOR AN ACT
Relating to punitive damages; creating new provisions; and
  amending ORS 18.535.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 18.535 is amended to read:
  18.535. (1) A pleading in a civil action may not contain a
request for an award of punitive damages except as provided in
this section.
    { - (2) At the time of filing a pleading with the court, the
pleading may not contain a request for an award of punitive
damages. At any time after the pleading is filed, 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 opposing affidavits and documentation. - }
   { +  (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. + }
    { - (3) - }   { + (5) + } The court shall deny a motion to
amend a pleading made under the provisions of this section if the
court determines that the affidavits and supporting documentation
submitted by the party seeking punitive damages fail to set forth
specific facts supported by admissible evidence adequate to avoid
the granting of a motion for a directed verdict to the party
opposing the motion on the issue of punitive damages in a trial
of the matter.
    { - (4) - }   { + (6) + } The court shall conduct a hearing
on a motion filed under this section not more than 30 days after
the motion is filed and served. The court shall issue a decision
within 10 days after the hearing. If no decision is issued within
10 days, the motion shall be considered denied.
    { - (5) - }  { +  (7) The court may not allow + } discovery
of evidence of a defendant's ability to pay   { - shall not be
allowed by a court - } unless and until the court grants a motion
to amend a pleading under this section.
  SECTION 2.  { + The amendments to ORS 18.535 by section 1 of
this 2003 Act apply only to actions commenced as described in ORS
12.020 on or after the effective date of this 2003 Act. + }
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