2015 ORS 783.080¹
Judgment by default
  • proceedings on issue of fact

If in any action commenced under ORS 783.030 (Right to proceed against boat or vessel directly) and 783.040 (Complaint) the master, owner, agent or consignee does not appear and answer the complaint, the plaintiff may proceed to take judgment in the same manner and under the same restrictions as in a civil action against a natural person. If an issue of fact is joined, the same proceeding shall be had as in other actions.

Chapter 783

Notes of Decisions

There is nothing in this chapter which provides for different pro­ce­dures where owners of vessel are named in complaint as well as vessel itself. Paddack v. Rasmussen, 59 Or App 290, 650 P2d 1036 (1982), affd 294 Or 599, 660 P2d 677 (1983)

Procedures provided by this chapter meet funda­mental due process require­ments of adequate notice and opportunity to be heard. Rocky B. Fisheries v. North Bend Fabrica­tion & Machines, Inc., 66 Or App 625, 676 P2d 319 (1984), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 783—Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors783.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 783, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano783.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.