ORS 20.077
Determination of prevailing party

  • cases in which more than one claim made
  • prevailing party on appeal

(1)

In any action or suit in which one or more claims are asserted for which an award of attorney fees is either authorized or required, the prevailing party on each claim shall be determined as provided in this section. The provisions of this section apply to all proceedings in the action or suit, including arbitration, trial and appeal.

(2)

For the purposes of making an award of attorney fees on a claim, the prevailing party is the party who receives a favorable judgment or arbitration award on the claim. If more than one claim is made in an action or suit for which an award of attorney fees is either authorized or required, the court or arbitrator shall:

(a)

Identify each party that prevails on a claim for which attorney fees could be awarded;

(b)

Decide whether to award attorney fees on claims for which the court or arbitrator is authorized to award attorney fees, and the amount of the award;

(c)

Decide the amount of the award of attorney fees on claims for which the court or arbitrator is required to award attorney fees; and

(d)

Enter a judgment that complies with the requirements of ORS 18.038 (Form of judgment document generally) and 18.042 (Judgment in civil action that includes money award).

(3)

Notwithstanding subsection (2) of this section, upon appeal of a judgment in an action or suit in which one or more claims are asserted for which the prevailing party may receive an award of attorney fees, the appellate court in its discretion may designate as the prevailing party a party who obtains a substantial modification of the judgment.

(4)

This section does not create a claim to an award of attorney fees in any action or suit in which the court or arbitrator is not otherwise authorized or required to make an award of attorney fees by contract or other law. [2001 c.417 §1; 2003 c.576 §167]

Source: Section 20.077 — Determination of prevailing party; cases in which more than one claim made; prevailing party on appeal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors020.­html.

Notes of Decisions

Where action involves multiple claims, court must determine prevailing party and attorney fee award on claim-by-claim basis rather than using net judgment approach. Robert Camel Contracting, Inc. v. Krautscheid, 205 Or App 498, 134 P3d 1065 (2006)

Alternative theories of recovery, however pleaded, are not separate claims for purpose of determining prevailing party. Mindful Insights, LLC v. VerifyValid, LLC, 301 Or App 256, 454 P3d 787 (2019), clarified on reconsideration, 302 Or App. 528, 461 P3d 1034 (2020), Sup Ct review allowed

20.075
Factors to be considered by court in awarding attorney fees 20.077
Determination of prevailing party 20.080
Attorney fees for certain small tort claims 20.082
Attorney fees for small contract claims 20.083
Award of attorney fees under void contract, under unenforceable contract or to person who is not party to contract 20.085
Costs and attorney fees in inverse condemnation proceedings 20.094
Attorney fees in actions or suits in which discharge in bankruptcy asserted 20.096
Reciprocity of attorney fees and costs in proceedings to enforce contract 20.097
Attorney fees and costs where defendant prevails in certain proceedings to enforce contract 20.098
Attorney fees and compensation of expert witnesses in certain proceedings for breach of warranty 20.105
Attorney fees where party disobeys court order or asserts claim, defense or ground for appeal without objectively reasonable basis 20.107
Attorney and expert witness fees and other costs on claim of unlawful discrimination 20.115
Service expenses recoverable as costs and disbursements 20.120
Costs on review of decision of officer, tribunal, or court of inferior jurisdiction 20.125
Assessment of costs and attorney fees against attorney causing mistrial 20.130
Proceeding to which state or public corporation is party 20.140
State and certain public corporations not required to advance costs 20.150
Recovery of costs and disbursements when party represented by another 20.180
Effect of tender as to costs 20.190
Prevailing party fees 20.220
Appeal on attorney fees and costs 20.310
Costs and disbursements in Supreme Court or Court of Appeals 20.320
Statement of costs and disbursements 20.330
Costs and disbursements in cases of original jurisdiction 20.340
Contingent fee agreement
Green check means up to date. Up to date

Current through early 2024

§ 20.077’s source at oregon​.gov