Attorney Fees

ORS 20.125
Assessment of costs and attorney fees against attorney causing mistrial

In the case of a mistrial in a civil or criminal action, if the court determines that the mistrial was caused by the deliberate misconduct of an attorney, the court, upon motion by the opposing party or upon motion of the court, shall assess against the attorney causing the mistrial costs and disbursements, as defined in ORCP 68, and reasonable attorney fees incurred by the opposing party as a result of the misconduct. [1985 c.556 §1; 1995 c.618 §3]

Notes of Decisions

Trial court’s repeated admonitions to plaintiff’s attorney to comply with court’s evidentiary rulings and attorney’s repeatedly ignoring those rulings was sufficient to establish that attorney engaged in deliberate misconduct, requiring court to assess opposing party’s reasonable attorney fees upon declaration of mistrial. Lycette v. Kaiser Foundation Health Plan, 305 Or App 360, 469 P3d 226 (2020)


Last accessed
Mar. 11, 2023