Oregon Statutes 31.230 – Wrongful use of civil proceeding; pleading; procedure
(1) In order to bring a claim for wrongful use of a civil proceeding against another, a person shall not be required to plead or prove special injury beyond the expense and other consequences normally associated with defending against unfounded legal claims.
Terms Used In Oregon Statutes 31.230
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2) The filing of a civil action within 60 days of the running of the statute of limitations for the purpose of preserving and evaluating the claim when the action is dismissed within 120 days after the date of filing shall not constitute grounds for a claim for wrongful use of a civil proceeding under subsection (1) of this section.
(3) A claim for damages for wrongful use of a civil proceeding shall be brought in an original action after the proceeding which is the subject matter of the claim is concluded. [Formerly 30.895]
(Actions Against Health Care Providers; Resolution of Adverse Health Care Incidents)
(1) In any action described in subsection (6) of this section, all parties to the action and their attorneys must participate in some form of dispute resolution within 270 days after the action is filed unless:
(a) The action is settled or otherwise resolved within 270 days after the action is filed; or
(b) All parties to the action agree in writing to waive dispute resolution under this section.
(2) Dispute resolution under this section may consist of arbitration, mediation or a judicial settlement conference.
(3) Within 270 days after filing an action described in subsection (6) of this section, the parties or their attorneys must file a certificate indicating that the parties and attorneys have complied with the requirements of this section.
(4) The court may impose appropriate sanctions against any party or attorney who:
(a) Fails to attend an arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section;
(b) Fails to act in good faith in any arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section;
(c) Fails to timely submit any documents required for an arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section; or
(d) Fails to have a person with authority to approve a resolution of the action available at the time of any arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section, unless the party or attorney receives from the court, before the hearing, session or conference commences, an exemption from the requirements of this paragraph.
(5) This section does not apply to parties to an action described in subsection (6) of this section that have participated in a discussion and mediation under ORS § 31.264 and 31.268.
(6) The provisions of this section apply to any action in which a claim for damages is made against a health practitioner, as described in ORS § 31.740, or against a health care facility, as defined in ORS § 442.015, based on negligence, unauthorized rendering of health care or product liability under ORS § 30.900 to 30.920. [2003 c.598 § 54; 2013 c.5 13,14; 2021 c.271 § 3]