Oregon Revised Statutes

Or. Rev. Stat. § 138.527 (2026)

Frivolous petition or response; attorney fees

✓ current as of May 2026

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138.527 Frivolous petition or response; attorney fees. (1) In addition to any other relief a court may grant or order under ORS 138.510 to 138.680, the court shall award attorney fees to the prevailing party if the court finds that the other party’s petition or response was frivolous.

(2) An award of attorney fees under this section may not exceed $100.

(3) If the party required to pay attorney fees is an adult in the custody of a correctional institution, the fees may be drawn from, or charged against, the trust account of the adult in custody. [1995 c.657 §3; 2019 c.213 §23]

Note: 138.527 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Cited in 2 cases, 1997–2009 · leading case: Davis v. Armenakis, 948 P.2d 327 (Or. Ct. App. 1997).

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Davis v. Armenakis, 948 P.2d 327 (Or. Ct. App. 1997). · cites it 5× “In an amended judgment, the court imposed a sanction of $100 in attorney fees against petitioner under ORS 138.527. It also sanctioned petitioner’s counsel, pursuant to ORS 138.”

Young v. Hill, 218 P.3d 125 (Or. 2009). “ORS 138.527 requires the court to award attorney fees against a party who files a frivolous petition.”

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