Oregon Statutes 33.055 – Procedure for imposition of remedial sanctions
(1) Except as otherwise provided in ORS § 161.685, proceedings to impose remedial sanctions for contempt shall be conducted as provided in this section.
Terms Used In Oregon Statutes 33.055
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The following persons may initiate the proceeding by filing an action and may request that the contempt defendant be ordered to appear:
(a) A party aggrieved by an alleged contempt of court.
(b) A district attorney.
(c) A city attorney.
(d) The Attorney General.
(e) Any other person specifically authorized by statute to seek imposition of sanctions for contempt.
(3) If the alleged contempt is related to another proceeding, an action to initiate a proceeding to impose remedial sanctions must be filed in accordance with rules adopted under ORS § 33.145.
(4) The person initiating a proceeding under this section shall file supporting documentation or affidavits sufficient to give the contempt defendant notice of the specific acts alleged to constitute contempt.
(5)(a) The contempt defendant shall be served with the document initiating the contempt action in the manner provided in ORCP 7. The court may issue an order directing the contempt defendant to appear. Except as otherwise provided in paragraph (b) of this subsection, the contempt defendant shall be personally served with the order to appear in the manner provided in ORCP 7. If the contempt defendant is represented by counsel in a proceeding to which the action for contempt under this section is related, that counsel shall also be served with the initiating instrument and any order to appear in the manner provided in ORCP 9. The court may order service by a method other than personal service on the contempt defendant or issue an arrest warrant if, based upon motion and supporting affidavit, the court finds that the contempt defendant cannot be personally served.
(b) The contempt defendant shall be served by substituted service if personal service is waived under ORS § 107.835. If personal service is waived under ORS § 107.835, the contempt defendant shall be served by the method specified in the waiver.
(6) The court may impose a remedial sanction only after affording the contempt defendant opportunity for a hearing tried to the court. The contempt defendant may waive the opportunity for a hearing by stipulated order filed with the court.
(7) A contempt defendant has no right to a jury trial and, except as provided in this section, has only those rights accorded to a defendant in a civil action.
(8) A contempt defendant is entitled to be represented by counsel. A court shall not impose on a contempt defendant a remedial sanction of confinement unless, before the hearing is held, the contempt defendant is:
(a) Informed that such sanction may be imposed; and
(b) Afforded the same right to appointed counsel required in proceedings for the imposition of an equivalent punitive sanction of confinement.
(9) If the contempt defendant is not represented by counsel when coming before the court, the court shall inform the contempt defendant of the right to counsel, and of the right to appointed counsel if the contempt defendant is entitled to, and financially eligible for, appointed counsel under subsection (8) of this section.
(10) Inability to comply with an order of the court is an affirmative defense.
(11) In any proceeding for imposition of a remedial sanction other than confinement, proof of contempt shall be by clear and convincing evidence. In any proceeding for imposition of a remedial sanction of confinement, proof of contempt shall be beyond a reasonable doubt.
(12) Proceedings under this section are subject to rules adopted under ORS § 33.145. Proceedings under this section are not subject to the Oregon Rules of Civil Procedure except as provided in subsection (5) of this section or as may be provided in rules adopted under ORS § 33.145. [1991 c.724 § 5; 1993 c.448 § 7; 2001 c.962 § 77; 2005 c.22 § 24; 2017 c.252 § 1; 2023 c.302 § 10]
[Amended by 1981 c.781 § 1; 1983 c.561 § 1; repealed by 1991 c.724 § 32]