The ORCP 68 Guide: What You Need to Know
Key Takeaways
Oregon Rules of Civil Procedure Rule 68 explains how attorney fees, costs, and disbursements are requested in Oregon civil cases.
ORCP 68 commonly comes up in personal injury cases, business disputes, and other civil lawsuits.
Attorney fees are separate from costs and disbursements like filing fees, witness fees, and deposition expenses.
Courts closely review whether requested fees and expenses are reasonable and necessary.
Missing ORCP 68 deadlines or procedural requirements can affect whether fees or costs are awarded.
ORCP 68 is one of those Oregon court rules that a lot of people have heard about during a lawsuit but don’t fully understand until attorney fees, costs, or litigation expenses suddenly become a major issue. The part that can be confusing is that it’s not really about deciding who wins the case itself. Instead, it focuses on what happens afterward when one side asks the court to award attorney fees, costs, disbursements, or other litigation-related expenses. That can get complicated really quickly. In this guide, we’ll break down what ORCP 68 means, how it works, what types of cases it applies to, and why it can have a major impact on the overall outcome of a case.
What is ORCP 68?
In Oregon civil cases, Oregon Rules of Civil Procedure Rule 68 is the rule that explains how a party asks the court to award attorney fees, costs, and disbursements after a case has been decided. Basically, it lays out the process courts and attorneys follow when one side believes the other side should pay certain legal expenses connected to a case. It’s commonly brought up after a judgment has already been entered, especially in lawsuits where a contract or Oregon law allows attorney fees to be recovered.
A lot of people assume that winning a lawsuit automatically means the other side pays every legal bill. That’s not always exactly how it works. ORCP 68 exists to create a clear structure for how requests for attorney fees, costs, and disbursements are made and challenged. It’s also important to understand that ORCP 68 itself doesn’t create a right to attorney fees. Instead, it mainly governs the procedure for requesting them when another Oregon law, contract, or legal rule allows attorney fees to be recovered.
One important thing to understand is that ORCP 68 also has fairly strict deadlines and procedural requirements. Missing a filing deadline or failing to properly request attorney fees or costs can sometimes prevent a party from recovering them altogether.
ORCP 68 Attorney Fees
Attorney fees are basically the reasonable cost of the legal work performed during a lawsuit. In other words, the court looks at the work the attorney actually did to help prosecute or defend the case and decides whether the amount being requested makes sense. The goal is not to hand out unlimited legal fees, but to fairly account for the legal services that were reasonably necessary throughout the case.
That legal work can include things like:
Preparing court documents
Researching the law
Negotiating settlements
Responding to motions
Gathering evidence
Taking depositions
Appearing in court
Some cases are simple and move relatively quickly, while others take months or even years and involve a lot more time and effort. Because of that, attorney fees can vary quite a bit depending on how complicated the case became and how much work was required to properly handle it.
Costs and Disbursements
Under ORCP Rule 68, costs and disbursements are different from attorney fees. While attorney fees relate to the value of legal services provided by an attorney, costs and disbursements refer to the reasonable and necessary expenses that come up during the prosecution or defense of a lawsuit. These are the out of pocket expenses connected to handling the case itself rather than payment for the lawyer’s time.
Costs and disbursements can include things like:
Court filing fees
Service fees charged by officers serving legal documents
Witness fees
Deposition costs
Copying and document expenses
Fees for obtaining records or evidence
Other necessary litigation-related expenses connected to the case
Disputes can sometimes come up over whether certain expenses should qualify as recoverable costs and disbursements. One side might argue that witness fees, officer fees, or other litigation expenses were necessary to move the case forward, while the opposing side may claim the expenses were excessive or unrelated to the issues being litigated. Because of that, courts will carefully review requests for costs and disbursements before deciding what amounts, if any, should ultimately be awarded.
What Type of Cases Does it apply to?
ORCP Rule 68 can apply to several different types of civil lawsuits in Oregon. This would include personal injury cases involving car accidents, motorcycle accidents, trucking accidents, slip and fall injuries, dog bites, and wrongful death claims. In injury lawsuits, there can often be major disputes over medical bills, lost wages, liability, expert witnesses, and other litigation expenses. Because of that, ORCP 68 frequently becomes important when one side asks the court to award attorney fees, costs, or disbursements after the case has been resolved.
ORCP 68 may come up in cases involving:
Personal injury cases
Car accident lawsuits
Slip and fall injury claims
Wrongful death cases
Business and contract disputes
Landlord-tenant disputes
Property damage claims
Construction disputes
Employment-related lawsuits
Insurance disputes
Debt collection cases
Consumer protection claims
Real estate litigation
Other Oregon civil court actions involving attorney fees or litigation expenses
Are There Alternatives to ORCP 68?
Not every dispute follows the exact same path. Some parties might choose to resolve fee-related issues outside of the ORCP Rule 68 process entirely. A lot of civil cases settle before reaching the point where a judge ever has to decide attorney fees or litigation expenses. In those situations, both sides may simply negotiate who pays what as part of the overall settlement agreement. This is actually fairly common in personal injury cases, business disputes, and other civil lawsuits where the parties want to avoid more time, stress, and court involvement.
There are also cases where contracts or Oregon statutes control attorney fees differently. Some contracts specifically state that the winning party can recover attorney fees if a legal dispute arises. Certain Oregon laws might also allow attorney fees in areas like landlord-tenant disputes, consumer protection claims, or injury-related lawsuits. On top of that, some parties choose mediation or arbitration instead of traditional litigation, which can involve different procedures for handling fees and costs than the standard ORCP 68 process.
Oftentimes, the simplest alternative is just reaching an agreement before the issue turns into another court battle. After spending months or even years litigating a case, many parties would much rather negotiate attorney fees and costs than continue fighting over them after judgment has already been entered.
What is ORS 20.190?
This Oregon Revised Statute deals with prevailing party fees in certain civil cases. A prevailing party fee is a separate amount that may be awarded to the party that wins the lawsuit. Unlike attorney fees, this is not meant to cover all of the legal work performed by an attorney. Instead, it is a statutory amount set by Oregon law that may be awarded in addition to other recoverable costs or fees.
In many Oregon civil lawsuits, the prevailing party may request this fee after judgment is entered. The amount can vary depending on the type of case and the court involved. ORS 20.190 often works alongside Oregon Rules of Civil Procedure Rule 68 because ORCP 68 provides the procedure for requesting and challenging certain fees and costs during the litigation process.
What is ORS 20.105?
This Oregon law allows courts to award attorney fees as a penalty in certain situations where a party acted without an objectively reasonable basis for asserting a claim, defense, or ground for appeal. In simple terms, the law is designed to discourage lawsuits or legal arguments that lack a reasonable legal or factual foundation.
ORS 20.105 can become an issue when one side believes the other party pursued claims, defenses, or arguments that never should have been brought in the first place. If the court agrees, it may order the unreasonable party to pay attorney fees to the other side. In many cases, disputes involving ORS 20.105 are closely tied to ORCP 68 because the procedure for requesting those attorney fees is often handled through the ORCP 68 process after the case has been resolved.
ORCP 68 Summary and Conclusion
ORCP 68 is really about understanding what can happen after a civil case is decided and how attorney fees, costs, and litigation expenses are handled in Oregon courts. While the rule can seem hard to understand at first, knowing the basics can make a huge difference when you’re involved in a lawsuit and need to make sense of the process. These issues can become especially important in injury cases and other disputes where legal expenses add up quickly over time.
If you live in the Beaverton or Portland area and need help with issues involving ORCP 68 or other legal matters, consider reaching out to our team at Powell Law. Legal situations can feel extremely stressful and confusing, especially when court rules and attorney fee disputes start becoming part of the conversation. Having a trusted legal team that can break things down clearly, answer your questions, and help you understand your options can make the entire process feel a lot more manageable.
ORCP 68 Frequently Asked Questions
What is ORCP 68 in Oregon?
Oregon Rules of Civil Procedure Rule 68 is an Oregon court rule that explains how attorney fees, costs, and disbursements are requested and challenged in Oregon civil cases after a lawsuit has been decided.
Does ORCP 68 automatically award attorney fees?
No. ORCP 68 does not automatically give someone the right to attorney fees. Instead, it provides the procedure for requesting attorney fees when another Oregon law, contract, or legal rule allows them to be recovered.
What types of cases can ORCP 68 apply to?
ORCP 68 can apply to many Oregon civil lawsuits, including personal injury cases, car accident claims, business disputes, landlord-tenant cases, insurance disputes, wrongful death lawsuits, and other civil litigation matters involving attorney fees or court costs.
What are costs and disbursements under ORCP 68?
Costs and disbursements are reasonable and necessary litigation expenses connected to prosecuting or defending a case. These can include filing fees, witness fees, deposition costs, service fees, and expenses for obtaining records or evidence.
What happens if someone misses an ORCP 68 deadline?
Missing an ORCP 68 filing deadline or failing to follow the required procedures can sometimes prevent a party from recovering attorney fees, costs, or disbursements. That is one reason these procedural rules are taken very seriously in Oregon civil litigation.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
