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
 
                         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)
 
 
                             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 as
introduced.
 
  Requires that motion to amend pleading to assert claim for
punitive damages be filed and served not less than 45 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 court to modify time periods for good cause
shown.
 
                        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.  { + A motion under this
subsection must be filed and served on all other parties not less
than 45 days before the date set for trial. + } 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 - }
 { +  a response to the motion. The response 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. The
responding party may attach opposing affidavits and documentation
to the response. The moving party may reply to the response. A
reply must be filed and served on all parties not more than five
days after the response is served on the moving party + }.
  (3) 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) 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) The court may modify the time periods provided for in
this section for good cause shown. + }
    { - (5) - }  { +  (6) + }  { + 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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