75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 306
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 Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to attorney fees; creating new provisions; and amending
ORS 20.080 and 20.082.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 20.080 is amended to read:
20.080. (1) In any action for damages for an injury or wrong to
the person or property, or both, of another where the amount
pleaded is { - $5,500 - } { + $7,500 + } or less, and the
plaintiff prevails in the action, there shall be taxed and
allowed to the plaintiff, at trial and on appeal, a reasonable
amount to be fixed by the court as attorney fees for the
prosecution of the action, if the court finds that written demand
for the payment of such claim was made on the defendant { + , and
on the defendant's insurer, if known to the plaintiff, + } not
less than { - 10 - } { + 30 + } days before the commencement
of the action or the filing of a formal complaint under ORS
46.465, or not more than { - 10 - } { + 30 + } days after the
transfer of the action under ORS 46.461. However, no attorney
fees shall be allowed to the plaintiff if the court finds that
the defendant tendered to the plaintiff, prior to the
commencement of the action or the filing of a formal complaint
under ORS 46.465, or not more than
{ - 10 - } { + 30 + } days after the transfer of the action
under ORS 46.461, an amount not less than the damages awarded to
the plaintiff.
(2) If the defendant pleads a counterclaim, not to exceed
{ - $5,500 - } { + $7,500 + }, and the defendant prevails in
the action, there shall be taxed and allowed to the defendant, at
trial and on appeal, a reasonable amount to be fixed by the court
as attorney fees for the prosecution of the counterclaim.
{ + (3) A written demand for the payment of damages under
this section must include the following information, if the
information is in the plaintiff's possession or reasonably
available to the plaintiff at the time the demand is made:
(a) In an action for an injury or wrong to a person, a copy of
medical records and bills for medical treatment adequate to
reasonably inform the person receiving the written demand of the
nature and scope of the injury claimed; or
Enrolled Senate Bill 306 (SB 306-B) Page 1
(b) In an action for damage to property, documentation of the
repair of the property, a written estimate for the repair of the
property or a written estimate of the difference in the value of
the property before the damage and the value of the property
after the damage.
(4) If after making a demand under this section, and before
commencing an action, a plaintiff acquires any additional
information described in subsection (3) of this section that was
not provided with the demand, the plaintiff must provide that
information to the defendant, and to the defendant's insurer, if
known to the plaintiff, as soon as possible after the information
becomes available to the plaintiff.
(5) A plaintiff may not recover attorney fees under this
section if the plaintiff does not comply with the requirements of
subsections (3) and (4) of this section. + }
{ - (3) - } { + (6) + } The provisions of this section do
not apply to any action based on contract.
SECTION 2. { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 20.080 by section 1 of this
2009 Act apply to all causes of action, whether arising before,
on or after the effective date of this 2009 Act.
(2) The amendments to ORS 20.080 by section 1 of this 2009 Act
do not apply to an action that was filed before the effective
date of this 2009 Act. + }
SECTION 3. ORS 20.080, as amended by section 1 of this 2009
Act, is amended to read:
20.080. (1) In any action for damages for an injury or wrong to
the person or property, or both, of another where the amount
pleaded is { - $7,500 - } { + $10,000 + } or less, and the
plaintiff prevails in the action, there shall be taxed and
allowed to the plaintiff, at trial and on appeal, a reasonable
amount to be fixed by the court as attorney fees for the
prosecution of the action, if the court finds that written demand
for the payment of such claim was made on the defendant, and on
the defendant's insurer, if known to the plaintiff, not less than
30 days before the commencement of the action or the filing of a
formal complaint under ORS 46.465, or not more than 30 days after
the transfer of the action under ORS 46.461. However, no attorney
fees shall be allowed to the plaintiff if the court finds that
the defendant tendered to the plaintiff, prior to the
commencement of the action or the filing of a formal complaint
under ORS 46.465, or not more than 30 days after the transfer of
the action under ORS 46.461, an amount not less than the damages
awarded to the plaintiff.
(2) If the defendant pleads a counterclaim, not to exceed
{ - $7,500 - } { + $10,000 + }, and the defendant prevails in
the action, there shall be taxed and allowed to the defendant, at
trial and on appeal, a reasonable amount to be fixed by the court
as attorney fees for the prosecution of the counterclaim.
(3) A written demand for the payment of damages under this
section must include the following information, if the
information is in the plaintiff's possession or reasonably
available to the plaintiff at the time the demand is made:
(a) In an action for an injury or wrong to a person, a copy of
medical records and bills for medical treatment adequate to
reasonably inform the person receiving the written demand of the
nature and scope of the injury claimed; or
(b) In an action for damage to property, documentation of the
repair of the property, a written estimate for the repair of the
property or a written estimate of the difference in the value of
Enrolled Senate Bill 306 (SB 306-B) Page 2
the property before the damage and the value of the property
after the damage.
(4) If after making a demand under this section, and before
commencing an action, a plaintiff acquires any additional
information described in subsection (3) of this section that was
not provided with the demand, the plaintiff must provide that
information to the defendant, and to the defendant's insurer, if
known to the plaintiff, as soon as possible after the information
becomes available to the plaintiff.
(5) A plaintiff may not recover attorney fees under this
section if the plaintiff does not comply with the requirements of
subsections (3) and (4) of this section.
(6) The provisions of this section do not apply to any action
based on contract.
SECTION 4. { + (1) The amendments to ORS 20.080 by section 3
of this 2009 Act become operative on January 1, 2012.
(2) Except as provided in subsection (3) of this section, the
amendments to ORS 20.080 by section 3 of this 2009 Act apply to
all causes of action, whether arising before, on or after January
1, 2012.
(3) The amendments to ORS 20.080 by section 3 of this 2009 Act
do not apply to an action that was filed before January 1,
2012. + }
SECTION 5. ORS 20.082 is amended to read:
20.082. (1) As used in this section, 'contract' includes:
(a) Express contracts;
(b) Implied contracts; and
(c) Instruments or documents evidencing a debt.
(2) Except as provided in this section, a court shall allow
reasonable attorney fees to the prevailing party on any claim
based on contract if:
(a) The amount of the principal together with interest due on
the contract at the time the claim is filed is { - $5,500 - }
{ + $10,000 + } or less; and
(b) The contract does not contain a clause that authorizes or
requires the award of attorney fees.
(3) Attorney fees may not be awarded to a plaintiff under the
provisions of this section unless written demand for payment of
the claim was made on the defendant not less than { - 10 - }
{ + 20 + } days before the commencement of the action or the
filing of a formal complaint under ORS 46.465, or not more than
{ - 10 - } { + 20 + } days after the transfer of the action
under ORS 46.461. The failure of a plaintiff to give notice under
the provisions of this subsection does not affect the ability of
a defendant to claim attorney fees under the provisions of this
section.
(4) Attorney fees may not be awarded to a plaintiff under the
provisions of this section if the court finds that the defendant
tendered to the plaintiff, prior to the commencement of the
action or the filing of a formal complaint under ORS 46.465, or
not more than { - 10 - } { + 20 + } days after the transfer
of the action under ORS 46.461, an amount not less than the
amount awarded to the plaintiff.
(5) The provisions of this section do not apply to:
(a) Contracts for insurance;
(b) Contracts for which another statute authorizes or requires
an award of attorney fees;
(c) Any action for damages for breach of an express or implied
warranty in a sale of consumer goods or services that is subject
to ORS 20.098; or
Enrolled Senate Bill 306 (SB 306-B) Page 3
(d) Any action against the maker of a dishonored check that is
subject to ORS 30.701.
SECTION 6. { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 20.082 by section 5 of this
2009 Act apply to all contracts, whether entered into before, on
or after the effective date of this 2009 Act.
(2) The amendments to ORS 20.082 by section 5 of this 2009 Act
do not apply to any action on a contract filed before the
effective date of this 2009 Act. + }
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Passed by Senate April 28, 2009
Repassed by Senate June 12, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 10, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 306 (SB 306-B) Page 4
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 306 (SB 306-B) Page 5