(1) Actions
at law in justice courts shall be commenced and prosecuted to final
determination and judgment enforced therein, in the manner provided for
similar actions in the circuit courts, except as in this chapter
otherwise provided.
(2) All disbursements shall in all cases be allowed the prevailing
party.The mode of proceeding and the rules of evidence are the
same in a justice court as in a like action or proceeding in the circuit
courts, except where otherwise specially provided.The rules in justice courts governing mistakes
in pleadings and amendments thereof, vacating defaults and judgments for
mistake, inadvertence, surprise or excusable neglect, the formation of
issues of both law and fact, the postponing of trials for cause shown,
the mode of trial, the formation of the jury, the conduct and manner of
trial by jury or by the justice without a jury, the procedure regarding
the verdict and judgment and the enforcement thereof by execution shall
be as prescribed for civil actions in the circuit courts, except as
otherwise provided. The
justice of the peace of every justice court shall mail a notice to each
of the attorneys of record, or, to the plaintiff where there is no
licensed attorney representing the plaintiff, in every pending civil
action, suit or proceeding in their respective courts in which no
proceedings have been had or papers filed for a period of more than one
year. The notice shall state that each such case will be dismissed by the
court for want of prosecution 60 days from the date of mailing the
notice, unless, on or before the expiration of the 60 days, application,
either oral or written, be 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 is not shown, the court shall dismiss each such case. Nothing
contained herein shall be construed to prevent the dismissing at any
time, for want of prosecution, of any suit, action or proceeding upon
motion of any party thereto. [1953 c.360 §1]ORS 33.015 to 33.155, defining
acts that constitute contempt and the proceedings for imposing sanctions
for contempt, apply to justice courts. [Amended by 1991 c.724 §20; 1999
c.605 §4; 2005 c.22 §34] Any person may act as
attorney for another in a justice court, except a person or officer
serving any process in the action or proceeding, other than a subpoena.
(1) At any time after the action is commenced by the filing of a
complaint with the justice of the peace, the plaintiff may cause a
summons to be served on the defendant. It shall be subscribed by the
plaintiff or plaintiff’s attorney or the justice of the peace. It shall
specify the name of the court in which the complaint is filed and shall
contain the title of the cause specifying the names of the parties to the
action, plaintiff and defendant. It shall be directed to the defendant
and shall require the defendant to appear and defend within the time
required by ORCP 7 C(2) or, in case of failure to so appear and defend,
the plaintiff will take judgment against the defendant for the money,
property or other relief demanded in the complaint, with costs and
disbursements of the action.
(2) A summons shall contain a notice printed in type size equal to
at least 8-point type which may be substantially in the following form: (1)
The summons in an action in a justice court shall be served by a person
authorized to serve summons, who shall be compensated for service of the
summons, as provided for the service of summons in civil action in a
circuit court.
(2) The summons shall be served in the manner provided for the
service of summons in a civil action in a circuit court. The summons
shall be returned to the justice by whom it was issued by the person
serving it, with proof of service or that the defendant cannot be found.
[Amended by 1953 c.749 §4; 1973 c.827 §10; 1977 c.877 §11; 1979 c.284 §84] Whenever it appears
to the justice that any process or order authorized to be issued or made
will not be served for want of an officer, the justice may appoint any
other person authorized by ORS 52.120, to serve it. Such an appointment
may be made by an indorsement on the process or order, in substantially
the following form and signed by the justice with the name of the office
of the justice:
If the
plaintiff is a nonresident of this state, the justice may require the
plaintiff to give an undertaking with one or more sureties, or an
irrevocable letter of credit issued by an insured institution, as defined
in ORS 706.008, for the disbursements of the action before issuing the
summons; and if at any time before the commencement of the trial the
defendant applies therefor, the justice must require such plaintiff to
give the undertaking or irrevocable letter of credit. If the plaintiff is
a resident of this state, the justice may, in the discretion of the
justice, upon a like application on the part of the defendant, require
the plaintiff to give such undertaking or irrevocable letter of credit.
However, if the plaintiff is a resident of Oregon and makes the affidavit
that the plaintiff is unable to furnish the undertaking or irrevocable
letter of credit as required by this section, the giving of such
undertaking or irrevocable letter of credit shall be waived. [Amended by
1991 c.331 §14; 1997 c.631 §374]
(1) The undertaking may be substantially in the following form:
(2) The sureties must possess the qualifications of bail upon
arrest, and, if required by the defendant, must justify in a sum not less
than $50. A deposit with the justice of such sum as the justice may deem
sufficient shall be equivalent to giving the required undertaking. If the
undertaking or deposit in lieu thereof is not given or made by the time
the action is at issue and ready for trial on a question of fact, the
justice must dismiss the action as for want of prosecution. [Amended by
1995 c.79 §14]
In a civil action in a justice court the plaintiff is entitled to the
benefit of the provisional remedies of attachment and delivery of
personal property claimed in the action, as in like cases in the circuit
courts. All affidavits, orders and undertakings for these remedies are to
be taken or made and filed with the justice, and the process is to be
issued by and made returnable before the justice. A writ of attachment or
an order for the delivery of personal property claimed in the action may
be served and executed by any person authorized to serve a summons.
[Amended by 1981 c.898 §41] The
provisions for proceedings in the circuit courts on attachment and
delivery of personal property shall govern in like cases in justice
courts, except as otherwise provided. [Amended by 1981 c.898 §42]The pleadings in actions in justice courts, the forms
thereof and the rules by which the sufficiency of the pleadings are to be
determined, shall be those prescribed for civil actions in the circuit
courts.In all actions instituted in a justice court a defendant
shall have the right to plead a counterclaim in excess of the
jurisdiction of the court, whereupon the justice of the peace shall,
within 10 days following the filing of the answer, file with the clerk of
the circuit court for the county in which the justice court is located, a
transcript of the cause containing a copy of all the material entries in
the justice’s docket, together with all the original papers relating to
the cause. Upon the filing of the transcript with the clerk of the
circuit court, the justice of the peace shall proceed no further in the
cause, but the cause shall thenceforth be considered as transferred to
the circuit court and be deemed pending and for trial therein as if
originally commenced in the court. The circuit court shall have
jurisdiction of the cause and shall proceed to hear, determine and try
the same. In the event of the justice’s failure to file the transcript in
the circuit court within the time specified, the judge of the circuit
court may make an order upon the justice to comply within a specified
time with the provisions of this section. The plaintiff in the action
shall have 10 days after the filing of the transcript in the circuit
court in which to move against or reply to defendant’s answer. All costs
incurred in the transfer of the case, including the fee for filing the
same in the circuit court, shall be borne by the defendant and must be
tendered by the defendant to the justice of the peace at the time of
filing with the justice the counterclaim, and the costs may be recovered
by the defendant in the event the defendant prevails. On failure of the
defendant to pay to the justice of the peace the required fee at the time
of filing the counterclaim, or within two days thereafter, the justice of
the peace shall disregard the counterclaim of the defendant and proceed
to try the cause as though the counterclaim had never been filed.
[Amended by 1979 c.284 §86]
(1) Parties to judicial proceedings in justice
courts are required to contribute toward the expense of maintaining
justice courts, or a particular action or proceeding therein, by the
payment of a trial fee.
(2) The trial fee in a justice court, for every trial by jury, is
$17. [Amended by 1979 c.447 §3; 1997 c.801 §133](1) The trial fee in a
justice court shall be paid to the justice upon the demand for a jury,
and unless so paid the demand shall be disregarded and the trial proceed
as if no demand had been made.
(2) If the party paying the fee prevails in the action or
proceeding so as to be entitled to recover costs therein, the fee shall
be allowed and taxed as a disbursement and collected from the adverse
party. [Amended by 2005 c.22 §35]When the state or any county is a party to a judicial
proceeding in a justice court, the state or county need not pay the trial
fee upon demanding a jury, and if the state or county is entitled to
recover costs therein, the trial fee shall be allowed and taxed in the
state’s or county’s favor as a disbursement, and collected from the
adverse party as in ordinary cases. [Amended by 2005 c.22 §36] In a
justice court, the trial fee is paid to the justice. The justice shall
keep an account of such fees, and by whom paid, and distribute the amount
among the jury in the particular case, in partial payment of their legal
fees.TRIAL AND JUDGMENT When a cause is at issue upon a
question of fact, the justice must, upon sufficient cause shown on the
application of either party, postpone the trial for a period not
exceeding 60 days.An application for the postponement of the trial shall not
be granted unless the party applying therefor, if required by the adverse
party, consents to take the deposition of any witness of the adverse
party then in attendance upon the court. If the consent is given, the
justice shall take the deposition, and it may be read on the trial,
subject to the same objection as if the witness were present and gave the
testimony orally. (1) The justice shall change the
place of trial, on motion of either party to the action, when it appears
from a supporting affidavit of the party that:
(a) The justice is a party to or directly interested in the event
of the action, or connected by consanguinity or affinity within the third
degree with the adverse party or those for whom the justice prosecutes or
defends; or
(b) The justice is so prejudiced against the party making the
motion that the party cannot expect an impartial trial before the justice.
(2) The justice may change the place of trial, on motion of either
party to the action, when it appears from a supporting affidavit of the
party that the convenience of parties and witnesses would be promoted by
the change, and that the motion is not made for the purpose of delay.
(3) The motion for change of place of trial cannot be made or
allowed in any action until after the cause is at issue on a question of
fact. The change shall be made to the nearest justice court in the
county. If there is only one justice court in the county the change shall
be made to the circuit court for the county in which the justice court is
located. Neither party shall be entitled to more than one change in the
place of trial, except for causes not in existence when the first change
was allowed. When the place of trial has been changed, the justice shall
forthwith transmit to the justice court or circuit court to whom the case
is transferred a transcript of the proceedings had in the case with all
the original papers filed thereon. All costs incurred in the transfer of
such case, including the fee for filing the same in the court to which
the case is transferred shall be borne by the party requesting the change
and must be tendered by the party to the justice at the time of filing
the motion for the change. Such costs may be recovered by such party in
the event the party prevails in the trial of the action. On the failure
of the party to tender or pay the required fee at the time the motion is
filed the justice shall disregard the motion and proceed to try the
action as though no motion had been filed. [Amended by 1959 c.159 §1;
1995 c.658 §63; 2005 c.22 §37](1) The disbursements of the
change of venue shall be paid by the party applying therefor, and not
taxed as a part of the costs in the case.
(2) It shall not be necessary to issue new subpoenas to witnesses,
but the witnesses shall appear before the justice before whom the cause
has been transferred without the issue of any other notice than the
allowance of the motion for the change of venue. Upon the filing of the
transcript and papers with the justice to whom the cause has been
transferred, the change of venue shall be deemed complete, and thereafter
the action shall proceed as though it had been commenced before such
justice.If it appears on the trial of any
cause before a justice of the peace from the evidence of either party, or
from the pleadings, that the title to real property is in question, which
title is disputed by the other party, the justice shall immediately make
an entry thereof in the docket of the justice and cease all further
proceedings in the cause. The justice shall certify and return to the
circuit court of the county a transcript of all the entries made in the
docket of the justice relating to the case, together with all the process
and other papers relating to the action, in the same manner and within
the same time as upon an appeal. Thereupon the circuit court shall
proceed in the cause to final judgment and execution in the same manner
as if the action had been originally commenced therein, and disbursements
shall abide the event of the action.When a cause is at issue upon a question of fact, if either
party then demands a jury trial and deposits with the justice such trial
fee as is required to be paid in advance by ORS 52.420 and 52.430, the
issue must be tried by a jury and not the justice; but otherwise it must
be tried by the justice. When an issue of fact is tried by the justice, it
is not necessary that there be any special statement of the facts found
or law determined on the trial. It is sufficient for the justice to give
judgment generally, as the law and evidence may require, for the
plaintiff or the defendant, stating therein for what amount or what
relief or to what effect the same is given.
Although the title to real property may be controverted or questioned in
an action in a justice court, the judgment in the action shall in no way
affect or determine the title as between the parties, or otherwise.ENFORCEMENT AND SETOFF OF JUDGMENTS; EXECUTIONS (1) Upon
the docketing of a judgment by a justice court, the judgment may be
enforced by the justice court in the manner provided in this section.
(2) Enforcement proceedings on a judgment docketed by a justice
court may include:
(a) Writ of execution proceedings for personal property under ORS
18.252 to 18.993.
(b) Proceedings in support of execution under ORS 18.265, 18.268
and 18.270.
(c) Garnishment proceedings under ORS 18.600 to 18.850.
(3) In addition to the enforcement proceedings specified in
subsection (2) of this section, a docketed justice court judgment may be
enforced by the court that rendered the judgment through the issuance of
a writ of execution on real property under ORS 18.252 to 18.993. A writ
of execution on real property may be issued by a justice court only after
the judgment has been transcribed or recorded in the manner provided by
ORS 52.635.
(4) ORS 18.038, 18.042, 18.048 and 137.071 apply to judgments
rendered in justice courts.
(5) Except as provided in subsection (6) of this section, the
provisions of this section apply to all judgments docketed by justice
courts, including judgments imposed in violation proceedings and other
criminal proceedings.
(6) The provisions of this section and ORS 52.635 do not apply to
proceedings for enforcement of ordinances governing the parking of
vehicles. Ordinances governing the parking of vehicles shall be enforced
as provided by other law. [1999 c.788 §2; 2001 c.249 §74; 2003 c.576 §95] A justice of
the peace has authority and power to enforce a judgment given by the
predecessor in office, or by a justice whose docket has been transferred
to the justice of the peace, and to complete any unfinished business
begun before such predecessor, or entered in such docket, as if the same
had been given or begun before the justice of the peace.The party entitled to the benefit of a judgment in a justice
court may at any time have a certified transcript of the judgment and
file it with any justice in any other county. Upon the filing of the
transcript, the justice with whom it is filed must make an entry thereof
in the docket of the justice, giving the title of the cause, the names of
the parties and the substance of the judgment. Thereafter execution may
issue to enforce the judgment, or any part thereof remaining unsatisfied,
as if it had been given by the justice with whom the transcript is filed. A party against
whom a judgment is given in a justice court may, upon three days’ notice
to the adverse party, apply to the justice of the court to have another
judgment given in a justice court, between the same parties and against
the adverse party, set off against the first mentioned judgment.A judgment proposed as a setoff under ORS
52.640 must be final and no longer subject to appeal. If the judgment was
given in another court than the one where the application is made, the
party proposing the setoff must produce the transcript of the judgment,
certified by the proper justice, which certificate shall also state how
much of the judgment remains unsatisfied and that the transcript is given
for the purpose of being a setoff against the judgment to which it is
proposed as a setoff. [Amended by 2003 c.14 §23] The
justice making the transcript and certificate shall make an entry thereof
in the docket of the justice and thereafter all proceedings to enforce
the judgment shall be stayed, unless the transcript is returned with the
certificate of the proper justice indorsed thereon, to the effect that it
has not been allowed to be set off. If upon the hearing
of the application the justice finds that the judgments are mutual, the
justice shall give judgment allowing the proposed setoff.If there is any difference in the amount of the
two judgments, judgment for the difference must be given in favor of the
party owning the larger judgment. If the justice refuses to allow the
setoff, the justice shall so certify on the transcript and return it to
the party.An execution issued by a justice must be made returnable
within 30 days from the date thereof, and may be directed to the sheriff
of the county, or any constable or marshal or police officer authorized
to act as a constable therein, and must be executed by any one of such
officers when delivered to the officer. [Amended by 1991 c.67 §8] At
any time before the expiration of the return day of the execution, it may
be renewed for another period of 30 days, at the request of the
plaintiff, by an indorsement to that effect made thereon by the justice.
The indorsement must be dated and, if any part of the execution has been
satisfied, must state the amount then due thereon. An entry of the
renewal must also be made in the docket of the justice.
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