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
 
                           B-Engrossed
 
                         House Bill 2049
                  Ordered by the Senate June 18
 Including House Amendments dated March 26 and Senate Amendments
                          dated June 18
 
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 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. Requires court to modify time periods for good cause
shown. Specifies certain grounds for modifying time periods. - }
   { +  Requires court to deny motion to amend pleading to assert
claim for punitive damages if party opposing motion establishes
that timing of motion prejudices party's ability to defend
against claim. Allows court to grant continuance to allow
discovery. + }
 
                        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.
  (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.
  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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