75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 794
 
LC 2280/SB 794-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 794
 
                    By COMMITTEE ON JUDICIARY
 
                            April 30
 
  On page 3 of the printed bill, line 14, after the period insert
'The offer of compromise must indicate whether the offer includes
any amount for expenses, attorney fees or other costs and, if so,
the amounts included for expenses, attorney fees and other
costs.'.
  Delete lines 19 through 25 and insert:
  ' (2) Unless an offer of compromise under this section
specifically includes amounts for expenses, attorney fees and
other costs, upon acceptance of the offer the court shall give
judgment to the defendant for the amount of the offer and, in
addition, for the costs and disbursements, attorney fees and
expenses as defined in ORS 35.335 that are determined by the
court to have been incurred before the date of the offer.
  ' (3) If an offer of compromise is not accepted within the time
allowed by subsection (1) of this section, the offer is withdrawn
and may not be given in evidence at trial. If the defendant fails
to obtain a judgment more favorable than the offer:
  ' (a) The defendant may not recover prevailing party fees or
costs and disbursements, attorney fees or expenses as defined in
ORS 35.335 that were incurred on or after the date of the offer;
  ' (b) Unless the parties agree otherwise, the court shall give
judgment to the defendant for costs and disbursements, attorney
fees and expenses as defined in ORS 35.335 that were incurred
before the date of the offer; and
  ' (c) The court shall give judgment to the condemner for the
condemner's costs and disbursements, other than prevailing party
fees, incurred by the condemner after service of the offer.
  ' (4) For the purpose of determining whether the defendant has
failed to obtain a judgment more favorable than an offer of
compromise under this section, the court shall disregard all
amounts identified in the offer as expenses, attorney fees or
other costs.'.
                         ----------