§ 19.5 Other Pretrial Motions

• Library: Oregon Civil Pleading and Litigation (OSBar) (2020 Ed.)

§ 19.5 OTHER PRETRIAL MOTIONS

Oregon courts have considered pretrial motions that statutes and rules do not expressly authorize. See § 19.5-1 (motion to dismiss for inconvenient forum), § 19.5-2 (motion to dismiss for improper forum or venue based on contract), § 19.5-3 (special motion to strike under Oregon's anti-SLAPP statute).

§ 19.5-1 Motion to Dismiss for Inconvenient Forum

Oregon courts have recognized the doctrine of forum non conveniens (inconvenient forum). Espinoza v. Evergreen Helicopters, Inc., 359 Or 63, 94, 376 P3d 960 (2016). The inconvenient-forum doctrine allows a court to decline jurisdiction in exceptional circumstances when an alternative forum provides a remedy and trying the action elsewhere would best serve the convenience of the parties and the ends of justice. See Espinoza, 359 Or at 98-115 (discussing factors).

§ 19.5-2 Motion to Dismiss for Improper Forum or Venue Based on Contract

If parties to a contract have contracted to bring a claim arising out of that contract in a particular forum or venue, and if the contractual provision is enforceable, the court may grant a motion to dismiss the claim for improper forum or venue. Reeves v. Chem Indus. Co., 262 Or 95, 100-01, 495 P2d 729 (1972) (the court dismissed an action after finding that "there is no evidence that the clause is unfair or enforcement would be unreasonable"). See also Black v. Arizala, 337 Or...