Rule 21 Enforcement; Sanctions
Rule Text
A Enforcement; Sanctions. The court may enforce any decision, order, judgment, or other statement directing a party to perform a specific act by imposing sanctions on the party refusing or neglecting to comply. Sanctions may include, but are not limited to, dismissal of the case, placing the noncompliant party in default, and sanctions for contempt as authorized by statute.
B Attorney Fees as Sanction. Pursuant to ORS 20.105, a prevailing party may request attorney fees where the opposing party has willfully disobeyed a court order or asserted a claim, defense or ground for appeal that lacked an objectively reasonable basis. A requesting party must file a statement of attorney fees in the form indicated by TCR 68 C(4) no later than 14 days after entry of a decision. The court follows TCR 68 except to the extent it conflicts with these rules.¹⁰ The court may award or deny attorney fees in a separately appealable supplemental decision. A supplemental decision on attorney fees must be appealed within 60 days as provided in TCR-MD 19 B(1). CAUTION – Proceedings on attorney fees do not extend the 60-day period for appealing a decision on the merits.