Rule 54 Dismissal of Actions; Settlement Conferences

A Voluntary Dismissal; Effect Thereof.

A(1) By Plaintiff; By Stipulation. Subject to the provisions of TCR 32 D and of any statute of this state, a plaintiff may dismiss an action in its entirety or as to one or more defendants without order of court: (a) by filing a notice of dismissal with the court and serving such notice on all other parties not in default not less than five days prior to the day of trial if no counterclaim has been pleaded or (b) by filing a stipulation of dismissal signed by all adverse parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action against the same parties on or including the same claim unless the court directs that the dismissal will be without prejudice. Upon notice of dismissal or stipulation under this subsection, a party must submit a form of judgment and the court will enter a judgment of dismissal complying with Rule 70 A(1).

A(2) By Order of Court. Except as provided in subsection (1) of this section, an action will not be dismissed at the plaintiff’s instance save upon judgment of dismissal ordered by the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon the defendant of the plaintiff’s motion to dismiss, the defendant may proceed with the counterclaim. Unless otherwise specified in the judgment of dismissal, a dismissal under this subsection is without prejudice.

A(3) Costs and Disbursements. When an action is dismissed under this section, the judgment may include any costs and disbursements, including attorney fees, provided by rule or statute. Unless the circumstances indicate otherwise, the dismissed party will be considered the prevailing party.

B Involuntary Dismissal.

B(1) Failure to Comply With Rule or Order. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for a judgment of dismissal of an action or of any claim against such defendant, or the court may, on its own motion, dismiss the case.

B(2) Insufficiency of Evidence. After the plaintiff in an action tried has completed the presentation of plaintiff’s evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a judgment of dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment of dismissal against the plaintiff or may decline to render any judgment until the close of all the evidence.

B(3) Dismissal for Want of Prosecution; Notice. At the direction of the judge, the clerk of the court will mail notice to the attorneys of record or, if a party does not have an attorney of record, the copy will be mailed to the party in each pending case in which no action has been taken for six months immediately prior to the mailing of such notice that a judgment of dismissal will be entered in each such case by the court for want of prosecution, unless, on or before a specified date, application, either oral or written, is made to the court and good cause shown why it should be continued as a pending case. If such application is not made or good cause shown, the court will enter a judgment of dismissal in each such case. Nothing contained in this subsection will prevent the dismissal by the court at any time, for want of prosecution of any action upon motion of any party thereto.

B(4) Effect of Judgment of Dismissal. Unless the court in its judgment of dismissal otherwise specifies, a dismissal under this section operates as an adjudication without prejudice.

C Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim.

D Costs of Previously Dismissed Action.

D(1) If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of any unpaid judgment for costs and disbursements against plaintiff in the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.

D(2) If a party who previously asserted a claim, counterclaim, cross-claim or third-party claim that was dismissed with prejudice subsequently files the same claim, counterclaim, cross-claim, or third-party claim against the same party, the court will enter a judgment dismissing the claim, counterclaim, cross-claim or third-party claim and may enter a judgment requiring the payment of reasonable attorney fees incurred by the party in obtaining the dismissal.

E RESERVED (ORCP SECTION NOT ADOPTED)

F Settlement conferences. A settlement conference may be ordered by the court at any time at the request of any party or upon the court’s own motion. Unless otherwise stipulated to by the parties and approved by the court, a judge other than the judge who will preside at trial shall conduct the settlement conference. A settlement conference may necessitate the special appointment of a judge pro tempore. The following procedures shall apply to settlement conferences: F(1) No submissions in support of the settlement conference shall be included in the court file, nor shall any notes prepared by the settlement judge be filed or otherwise disclosed, except by permission of the attorneys and/or parties or by court order. F(2) Each trial attorney and party or representative who has full authority to settle and compromise the litigation shall appear at the settlement conference. The settlement judge may decide to hold a proceeding by remote means or in person. Proceedings in person will be held in the courtroom in Salem unless the settlement judge directs otherwise. A party may express its preferences at a case management conference or may file a motion giving grounds for its request as to the means or location of a proceeding. When a proceeding is held in person, a party may seek, and the court may allow, remote location testimony as provided in ORS 45.400. TCR amended Jan 2, 2024.