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 472
 
                         Senate Bill 41
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Committee on
  Judiciary for Oregon State Bar Procedure and Practice
  Committee)
 
 
                             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.
 
  Provides that prevailing party in civil action relating to
express or implied contract is entitled to award of attorney fees
authorized by contract or by statute, even though party prevails
by reason of claim or defense asserting that contract is in whole
or part void or unenforceable.
 
                        A BILL FOR AN ACT
Relating to attorney fees.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + A prevailing party in a civil action relating
to an express or implied contract is entitled to an award of
attorney fees that is authorized by the terms of the contract or
by statute, even though the party prevails by reason of a claim
or defense asserting that the contract is in whole or part void
or unenforceable. + }
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, section 1 of this 2003 Act applies to contracts
entered into before, on or after the effective date of this 2003
Act.
  (2) Section 1 of this 2003 Act does not apply to any action
relating to an express or implied contract that is commenced
before the effective date of this 2003 Act as described in ORS
12.020. + }
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