75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 370
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  State Bar Elder Law Section)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to limited judgments; amending ORS 111.275 and 125.030.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 111.275 is amended to read:
  111.275. (1) The court in a probate proceeding under ORS
chapters 111, 112, 113, 114, 115, 116 and 117 may enter a limited
judgment only for the following decisions of the court:
  (a) A decision on a petition for appointment or removal of a
personal representative.
  (b) A decision in a will contest filed in the probate
proceeding.
  (c) A decision on an objection to an accounting.
  (d) A decision on a request made in the proceeding for a
declaratory judgment under ORS 111.095.
   { +  (e) A decision on a request for an award of expenses
under ORS 116.183. + }
    { - (e) - }  { +  (f) + } Such decisions of the court as may
be specified by rules or orders of the Chief Justice of the
Supreme Court under ORS 18.028.
  (2) A court may enter a limited judgment under this section
only if the court determines that there is no just reason for
delay. The judgment document need not reflect the court's
determination that there is no just reason for delay.
  SECTION 2. ORS 125.030 is amended to read:
  125.030. (1) The appointment of a fiduciary in a protective
proceeding shall be made by limited judgment.
  (2) The court in a protective proceeding may enter a limited
judgment only for the following decisions of the court:
  (a) A decision on an objection to an accounting.
  (b) A decision on placement of a protected person.
  (c) A decision on the sale of the residence of a protected
person.
   { +  (d) A decision on a payment that is authorized or subject
to approval under ORS 125.095. + }
    { - (d) - }  { +  (e) + } Such decisions of the court as may
be specified by rules or orders of the Chief Justice of the
Supreme Court under ORS 18.028.
  (3) A court may enter a limited judgment under subsection (2)
of this section only if the court determines that there is no
just reason for delay. The judgment document need not reflect the
court's determination that there is no just reason for delay.
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Enrolled Senate Bill 370 (SB 370-INTRO)                    Page 1
 
 
 
 
 
Passed by Senate February 16, 2009
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House March 20, 2009
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 370 (SB 370-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 370 (SB 370-INTRO)                    Page 3