Oregon Statutes 33.025 – Nature of contempt power; entity defendants
(1) The power of a court to impose a remedial or punitive sanction for contempt of court is an inherent judicial power. ORS § 33.015 to 33.155 establish procedures to govern the exercise of that power.
Terms Used In Oregon Statutes 33.025
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) An entity is liable for contempt if:
(a) The conduct constituting contempt is engaged in by an agent of the entity while acting within the scope of employment and on behalf of the entity;
(b) The conduct constituting contempt consists of an omission to discharge a specific duty of affirmative performance imposed on an entity by a court; or
(c) The conduct constituting contempt is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by a high managerial agent of an entity, the board of directors of a corporation, a manager or member of a limited liability company or a partner in a partnership, acting within the scope of employment and on behalf of the entity.
(3) The high managerial agents of an entity, the board of directors of a corporation, the managers and members of a limited liability company and the partners in a partnership are subject to the contempt powers of a court for contempt by an entity if those persons engage in, authorize, solicit, request, command or knowingly tolerate the conduct constituting contempt.
(4) As used in this section:
(a) ‘Agent’ means a person who is authorized to act on behalf of an entity.
(b) ‘Entity’ has the meaning given that term in ORS § 63.001.
(c) ‘High managerial agent’ means an officer of an entity who exercises authority with respect to the formulation of policy or the supervision in a managerial capacity of subordinate employees, or any other agent in a position of comparable authority.
(d) ‘Manager’ and ‘member’ have the meaning given those terms in ORS § 63.001.
(e) ‘Partnership’ has the meaning given that term in ORS § 67.005. [1991 c.724 § 2; 2017 c.153 § 1]
[Repealed by 1991 c.724 § 32]