72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 2049
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Committee on
  Judiciary)
 
 
                     CHAPTER ................
 
 
                             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.
 
 
 
Enrolled House Bill 2049 (HB 2049-B)                       Page 1
 
 
 
    { - (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. + }
                         ----------
 
 
Passed by House April 1, 2003
 
Repassed by House June 24, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 20, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2049 (HB 2049-B)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2049 (HB 2049-B)                       Page 3