ORS 31.725
Pleading punitive damages

  • motion to amend pleading to assert claim for punitive damages
  • hearing

(1)

A pleading in a civil action may not contain a request for an award of punitive damages except as provided in this section.

(2)

At the time of filing a pleading with the court, the pleading may not contain a request for an award of punitive damages. At any time after the pleading is filed, a party may move the court to allow the party to amend the pleading to assert a claim for punitive damages. The party making the motion may submit affidavits and documentation supporting the claim for punitive damages. The party or parties opposing the motion may submit opposing affidavits and documentation.

(3)

The court shall deny a motion to amend a pleading made under the provisions of this section if:

(a)

The court determines that the affidavits and supporting documentation submitted by the party seeking punitive damages fail to set forth specific facts supported by admissible evidence adequate to avoid the granting of a motion for a directed verdict to the party opposing the motion on the issue of punitive damages in a trial of the matter; or

(b)

The party opposing the motion establishes that the timing of the motion to amend prejudices the party’s ability to defend against the claim for punitive damages.

(4)

The court may grant a continuance on a motion under this section to allow a party opposing the motion to conduct such discovery as is necessary to establish one of the grounds for denial of the motion specified in subsection (3) of this section. If the court grants the motion, the court may continue the action to allow such discovery as the defendant may require to defend against the claim for punitive damages.

(5)

Subject to subsection (4) of this section, the court shall conduct a hearing on a motion filed under this section not more than 30 days after the motion is filed and served. The court shall issue a decision within 10 days after the hearing. If no decision is issued within 10 days, the motion shall be considered denied.

(6)

Discovery of evidence of a defendant’s ability to pay shall not be allowed by a court unless and until the court grants a motion to amend a pleading under this section. [Formerly 18.535]

Source: Section 31.725 — Pleading punitive damages; motion to amend pleading to assert claim for punitive damages; hearing, https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html.

Notes of Decisions

Statute is inapplicable in federal diversity cases. Pruett v. Erickson Air-Crane Company, 183 FRD 248 (D. Or. 1998)

Standard for determining sufficiency of evidence supporting motion to amend is whether plaintiff has presented some evidence supporting each element of claim. Bolt v. Influence, Inc., 333 Or 572, 43 P3d 425 (2002)

In determining sufficiency of evidence supporting motion to amend, court must also consider evidence submitted by defendant establishing immunity or other exemption or complete defense to punitive damages award. Bolt v. Influence, Inc., 333 Or 572, 43 P3d 425 (2002)

Requirement that court deny motion to amend pleading to include punitive damages if evidence is insufficient does not affect discretion of court to deny motion on other grounds. Richardson v. Fred Meyer, Inc., 211 Or App 421, 155 P3d 881 (2007)

31.150
Special motion to strike 31.152
Time for filing special motion to strike 31.155
Exempt actions 31.180
Certain felonious conduct of plaintiff complete defense in tort actions 31.200
Liability of radio or television station personnel for defamation 31.205
Damages recoverable for defamation by radio, television, motion pictures, newspaper or printed periodical 31.210
When general damages allowed 31.215
Publication of correction or retraction upon demand 31.220
Effect of publication of correction or retraction prior to demand 31.225
Publisher’s defenses and privileges not affected 31.230
Wrongful use of civil proceeding 31.250
Mandatory dispute resolution for certain actions against health practitioners and health care facilities 31.260
Definitions for ORS 31.260 to 31.278 31.262
Notice of adverse health care incident 31.264
Discussion of adverse health care incident 31.266
Discussion communications 31.268
Mediation 31.270
Payment and resolution 31.272
Statute of limitations 31.274
Patient representatives 31.276
Duties of Oregon Patient Safety Commission 31.278
Use of information relating to notice of adverse health care incident 31.280
Task Force on Resolution of Adverse Health Care Incidents 31.300
Pleading requirements for actions against design professionals 31.350
Pleading requirements for actions against real estate licensees 31.360
Proof required for claim of economic damages in action arising from injury caused by dog 31.370
Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police 31.550
“Advance payment” defined 31.555
Effect of advance payment 31.560
Advance payment for death or personal injury not admission of liability 31.565
Advance payment for property damage not admission of liability 31.580
Effect of collateral benefits 31.600
Contributory negligence not bar to recovery 31.605
Special questions to trier of fact 31.610
Liability of defendants several only 31.615
Setoff of damages not allowed 31.620
Doctrines of last clear chance and implied assumption of risk abolished 31.700
Right to include medical expenses paid by parent or conservator in action to recover for damages to child 31.705
Economic and noneconomic damages separately set forth in verdict 31.710
Limitation on award for noneconomic damages in claim for wrongful death 31.715
Limitation on recovery of noneconomic damages arising out of operation of motor vehicle 31.725
Pleading punitive damages 31.730
Standards for award of punitive damages 31.735
Distribution of punitive damages 31.740
When award of punitive damages against health practitioner prohibited 31.760
Evidence of nonuse of safety belt or harness to mitigate damages 31.770
Inadmissibility of calculation of future earning potential based on race or ethnicity 31.800
Right of contribution among joint tortfeasors 31.805
Basis for proportional shares of tortfeasors 31.810
Enforcement of right of contribution 31.815
Covenant not to sue 31.820
Severability 31.825
Assignment of cause of action against insurer 31.980
Action for alienation of affections abolished 31.982
Action for criminal conversation abolished
Green check means up to date. Up to date

Current through early 2024

§ 31.725’s source at oregon​.gov