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ORS 33.025

Applied in 21 court decisions — leading case 179 Or. App. 630 - Matter of Marriage of Medill (2002)

Most recently applied in 334 Or. App. 117 - State v. Lucier (July 2024)

1991 c.724 §2; 2017 c.153 §1

How often courts cite this section

1992200020102020202430
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

(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.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.