Attorney Fees

ORS 20.310
Costs and disbursements in Supreme Court or Court of Appeals

(1)

In any appeal to the Court of Appeals or review by the Supreme Court, the court shall allow costs and disbursements to the prevailing party, unless a statute provides that in the particular case costs and disbursements shall not be allowed to the prevailing party or shall be allowed to some other party, or unless the court directs otherwise. If, under a special provision of any statute, a party has a right to recover costs, such party shall also have a right to recover disbursements. On the same terms and conditions, when the Supreme Court denies a petition for review, the respondent on review is entitled to costs and disbursements reasonably incurred in connection with the petition for review.

(2)

Costs and disbursements on appeal to the Court of Appeals or Supreme Court or on petition for review by the Supreme Court are the filing or appearance fee, the reasonable cost for any bond or irrevocable letter of credit, the prevailing party fee provided for under ORS 20.190 (Prevailing party fees), the printing, including the excerpt of record, required by rule of the court, postage for the filing or service of items that are required to be filed or served by law or court rule, and the transcript of testimony or other proceedings, when necessarily forming part of the record on appeal. [Amended by 1971 c.99 §1; 1977 c.290 §2; 1985 c.734 §13; 1987 c.314 §1; 1991 c.331 §7; 1997 c.389 §11; 2007 c.547 §6]

Notes of Decisions

When costs are allowed

Court had discretion to award attorney fees under ORS 662.090 even if no costs or disbursements were awarded to any party under this section. Louisiana-Pacific v. Lumber and Sawmill Workers, 299 Or 525, 704 P2d 104 (1985)

Prevailing on appeal, rather than commencing appeal, triggers right to court costs, because no right to court costs exists until party prevails. Fromme v. Fred Meyer, Inc., 306 Or 558, 761 P2d 515 (1988)

Court erred in awarding costs incurred in first appeal because that authority lies with appellate court, not trial court. Malot v. Hadley, 102 Or App 336, 794 P2d 833 (1990)

Plaintiff was entitled to award of costs under this section in appeal from award of damages under Anti-Price Discrimination Law even though defendant obtained substantial reduction of that award on appeal. Yamaha Store of Bend, Inc. v. Yamaha Motor Corp., 311 Or 88, 806 P2d 123 (1991)

Where court reverses summary judgment for defendant and remands for further proceedings, plaintiff is entitled to costs and disbursements on appeal. Akins v. Bucyrus-Erie Co., 118 Or App 471, 848 P2d 124 (1993)

Authority to award costs and disbursements to respondent on denial for petition for review is not authority to award attorney fees to respondent. Bolte and Bolte, 349 Or 289, 243 P3d 1187 (2010)

Items recoverable

This section does not authorize recovery of costs of appeal bond. State ex rel Roberts v. Duco-Lam, Inc., 74 Or App 253, 702 P2d 78 (1985)

Prevailing party fee is available as part of costs incurred by state and chargeable to petitioner for post-conviction relief. Schelin v. Maass, 147 Or App 351, 936 P2d 988 (1997), Sup Ct review denied

Source

Last accessed
Mar. 11, 2023

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