72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to A-Eng. HB 2049
 
LC 259/HB 2049-A5
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2049
 
                    By COMMITTEE ON JUDICIARY
 
                             June 18
 
  On page 1 of the printed A-engrossed bill, delete lines 4
through 26 and insert:
  '  { +  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.
  ' (3) The court shall deny a motion to amend a pleading made
under the provisions of this section if { + :
  ' (a) + } 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 { + ; or
  ' (b) The party opposing the motion establishes that the timing
of the motion to amend prejudices the party's ability to defend
against the claim for punitive damages + }.
  '  { +  (4) The court may grant a continuance on a motion under
this section to allow a party opposing the motion to conduct such
discovery as is necessary to establish one of the grounds for
denial of the motion specified in subsection (3) of this section.
If the court grants the motion, the court may continue the action
to allow such discovery as the defendant may require to defend
against the claim for punitive damages. + }
  '  { - (4) - }  { +  (5) Subject to subsection (4) of this
section, + } 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) - }  { +  (6) + } 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.'.
  On page 2, delete lines 1 through 19.
                         ----------