Rule 5.120.Notice to the Department of Justice, Crime Victims’ Assistance Section, of Punitive Damages
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 5.120
Plain-English Summary
When a verdict or judgment includes punitive damages, ORS 31.735(3) requires notices to go out. UTCR 5.120 does not create that duty. It standardizes the paperwork, requiring the notices to be substantially in the form provided at www.courts.oregon.gov/forms.
The rule then closes the loop in the court file. The prevailing party must promptly file with the court a copy of each notice and the proof of service. Without that step, the record would show a punitive damages award and nothing about whether the statutory notice ever went out.
This rule handles notices tied to verdicts and judgments. A separate step arises earlier, when a proposed judgment containing an award of punitive damages is submitted for signature: UTCR 5.100 requires service on the Director of the Crime Victims' Assistance Section before the proposed judgment goes to the court. Treat them as separate obligations rather than a single duty described twice.
Frequently Asked Questions
Who has to send the punitive damages notice?
The notice duty comes from ORS 31.735(3), which addresses verdicts and judgments that include punitive damages. UTCR 5.120 assigns the follow-up filing to the prevailing party, who puts a copy of each notice and the proof of service into the court file.
What form do I use for the notice?
Substantially the form provided at www.courts.oregon.gov/forms. Download the current version rather than reusing an older copy, since the published forms are revised from time to time.
What do I file with the court after sending the notice?
A copy of each notice and the proof of service. Filing both is what shows the court the statutory notice was given and to whom.
How soon do I have to file the copy and the proof of service?
Promptly. The rule sets no day count, so the safe reading is to file as soon as the notice has gone out and service is documented rather than waiting for another event in the case.
Is this the same as the notice required when I submit a proposed punitive damages judgment?
No. UTCR 5.100 requires a proposed judgment containing an award of punitive damages to be served on the Director of the Crime Victims' Assistance Section before submission to the court. UTCR 5.120 addresses the statutory notices about verdicts and judgments and requires the prevailing party to file copies with proof of service.