USA Statutes : oregon
Title : TITLE 03 REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
Chapter : Chapter 51 Justice Courts and Civil Jurisdiction Thereof
A justice court is a court held by a justice of the peace
within the justice of the peace district for which the justice of the
peace may be chosen. There are no particular terms of such court, but the
same is always open for the transaction of business, according to the
mode of proceeding prescribed for it.(1) The county court or board of
county commissioners of every county may set off and establish, or modify
the boundaries of, justice of the peace districts within the county. No
more than six justice of the peace districts shall be set off or
established or permitted to remain in existence within any county. Except
in the counties of Baker, Gilliam, Grant, Harney, Morrow, Sherman,
Tillamook and Wheeler, a justice of the peace district may not include
any portion of the city that is the county seat for the county or any
portion of a city in which a circuit court regularly holds court. In the
counties of Baker, Gilliam, Grant, Harney, Morrow, Sherman, Tillamook and
Wheeler, a justice of the peace district in existence on January 15,
1998, may include any portion of the city that is the county seat for the
county, or any portion of a city in which a circuit court regularly holds
court, until such time as the justice court ceases to provide judicial
services within the county seat or city. If the justice court ceases to
provide judicial services within the county seat or city, the district
that includes portions of the county seat or city shall cease to exist
and may not thereafter be reestablished.
(2) At the time that the county court or board of county
commissioners of a county sets off and establishes the boundaries of a
justice of the peace district, the county court or board of county
commissioners may require as a qualification for the office that a person
serving as justice of the peace in the district be a member of the Oregon
State Bar. [Amended by 1965 c.568 §5; 1995 c.658 §53; 1997 c.801 §105;
1999 c.449 §1] (1) Except as provided in
subsection (4) of this section, any justice court may become a court of
record by the passage of an ordinance by the governing body of the county
in which the court is located. The county shall ensure that a court
reporter is provided for each justice court made a court of record under
this section.
(2) Notwithstanding ORS 53.005 to 53.125 and ORS chapter 157, the
appeal from a judgment entered in a justice court that becomes a court of
record under this section shall be as provided in ORS chapters 19 and 138
for appeals from judgments of circuit courts.
(3) As a qualification for the office, the justice of the peace for
any justice court that becomes a court of record must be a member of the
Oregon State Bar.
(4) A justice court may not become a court of record under the
provisions of this section if the court is located within 50 driving
miles of the circuit court for the county in which the justice court is
located, measured by the shortest distance by public roads between the
justice court and the circuit court. [1999 c.682 §1]Note: Section 4, chapter 682, Oregon Laws 1999, provides:
Sec. 4. Sections 1 (3) and 3 (3) of this 1999 Act [51.025 (3) and
221.342 (3)] do not affect the term of office of any justice of the peace
or municipal judge serving on the effective date of an ordinance passed
for the purpose of making a justice court or municipal court a court of
record. Any justice of the peace or municipal judge elected or appointed
after the effective date of the ordinance must, as a qualification for
the office, be a member of the Oregon State Bar. [1999 c.682 §4] Except as provided in
ORS 3.136, any city situated wholly or in largest part within the
boundaries of a justice of the peace district may enter into an agreement
pursuant to ORS 190.010 with the county in which the justice of the peace
district is located providing that the justice court for the district
shall have all judicial jurisdiction, authority, powers, functions and
duties of the municipal court of the city and the judges thereof with
respect to all or any violations of the charter or ordinances of the
city. [1975 c.713 §1]Any city may enter into an agreement pursuant to ORS 190.010
with the county in which a justice of the peace district is located for
the provision of judicial services. A justice of the peace providing
services to a city pursuant to such an agreement shall have all judicial
jurisdiction, authority, powers, functions and duties of the municipal
court of the city and the judges thereof with respect to all and any
violations of the charter or ordinances of the city. Unless the agreement
provides otherwise, and subject to the provisions of ORS 153.630, all
fines, costs and forfeited security deposits collected shall be paid to
the prosecuting city, and the city shall reimburse the county providing
judicial services for expenses incurred under the agreement. The exercise
of jurisdiction under such an agreement by a justice of the peace shall
not constitute the holding of more than one office. [1989 c.679 §2; 1999
c.1051 §243] (1) Except
as otherwise provided in this section, in addition to the criminal
jurisdiction of justice courts already conferred upon and exercised by
them, justice courts have jurisdiction of all offenses committed or
triable in their respective counties. The jurisdiction conveyed by this
section is concurrent with any jurisdiction that may be exercised by a
circuit court or municipal court.
(2) In any justice court that has not become a court of record
under ORS 51.025, a defendant charged with a misdemeanor shall be
notified immediately after entering a plea of not guilty of the right of
the defendant to have the matter transferred to the circuit court for the
county where the justice court is located. The election shall be made
within 10 days after the plea of not guilty is entered, and the justice
shall immediately transfer the case to the appropriate court.
(3) A justice court does not have jurisdiction over the trial of
any felony. Except as provided in ORS 51.037, a justice court does not
have jurisdiction over offenses created by the charter or ordinance of
any city. [Amended by 1963 c.513 §3; 1969 c.180 §1; 1971 c.743 §313; 1973
c.625 §1; 1995 c.658 §55; 1999 c.605 §1; 1999 c.682 §10; 1999 c.1051 §41] A crime is triable in a
justice court when, by the provisions of ORS 131.205 to 131.325, an
action may be commenced therefor in the county where such court is held.
[Amended by 1973 c.836 §328] A justice court has
jurisdiction, but not exclusive, of the following actions:
(1) For the recovery of money or damages only, when the amount
claimed does not exceed $5,000.
(2) For the recovery of specific personal property, when the value
of the property claimed and the damages for the detention do not exceed
$5,000.
(3) For the recovery of any penalty or forfeiture, whether given by
statute or arising out of contract, not exceeding $5,000.
(4) Also, to give judgment without action, upon the confession of
the defendant for any of the causes specified in this section, except for
a penalty or forfeiture imposed by statute.
(5) For purposes of this section, the amount claimed, value of
property, damages or any amount in controversy does not include any
amount claimed as costs and disbursements or attorney fees as defined by
ORCP 68 A. [Amended by 1973 c.625 §2; 1979 c.447 §1; 1983 c.149 §2; 1989
c.839 §34; 1993 c.735 §10; 1997 c.801 §107; 1999 c.84 §4] The
jurisdiction conferred by ORS 51.080 does not extend to:
(1) An action in which the title to real property shall come in
question.
(2) An action for false imprisonment, libel, slander or malicious
prosecution. [Amended by 1983 c.673 §9; 2003 c.14 §22] (1) Except as
provided in this section, a civil action subject to the jurisdiction of a
justice court must be commenced in the county where one of the parties
resides.
(2) If a defendant in a civil action subject to the jurisdiction of
a justice court does not reside in this state, the action may be
commenced in any justice district of this state.
(3) If all parties reside in the same justice district, a civil
action may be brought only in the justice court for that justice district.
(4) Motions for change of venue in justice courts are subject to
the same laws governing change of venue in circuit court. [Amended by
1999 c.605 §2] The records and files
of a justice court are the docket and all papers and process filed in or
returned to such court, concerning or belonging to any proceeding
authorized to be had or taken therein, or before the justice of the peace
who holds such court. (1) The docket of a justice of the
peace is a record in which the justice of the peace must enter:
(a) The title of every action or proceeding commenced in the court
of the justice of the peace or before the justice of the peace, with the
names of the parties thereto and the time of the commencement thereof.
(b) The date of making or filing any pleading.
(c) An order allowing a provisional remedy, and the date of issuing
and returning the summons or other process.
(d) The time when the parties or either of them appears, or their
failure to do so.
(e) Every postponement of a trial or proceeding, and upon whose
application, and to what time.
(f) The demand for a jury, if any, and by whom made; the order for
a jury, and the time appointed for trial.
(g) The return of an order for a jury, the names of the persons
impaneled and sworn as a jury, and the names of all witnesses sworn, and
at whose request.
(h) The verdict of the jury, and when given; and if the jury
disagree and are discharged without giving a verdict, a statement of such
disagreement and discharge.
(i) The judgment of the court, and when given.
(j) The date on which any judgment is docketed in the docket.
(k) The fact of an appeal having been made and allowed, and the
date thereof, with a memorandum of the undertaking, and the justification
of the sureties.
(L) Satisfaction of the judgment or any part thereof.
(m) A memorandum of all orders relating to security release.
(n) All other matters which may be material or specially required
by any statute.
(2) The docket of a justice court may be maintained in electronic
form. [Amended by 1999 c.788 §43; 1999 c.1051 §244]The docket and files of a justice court are to be safely and
securely kept by the justice of the peace, and by the justice of the
peace forthwith delivered to a successor in office. When any justice
court is abolished, the docket and files of that court shall be turned
over to the clerk of the circuit court for the county in which the
justice court was located. Such docket and files are public writings.
[Amended by 1995 c.658 §56]The county court or board of county commissioners
of the county in which the justice of the peace has been elected or
appointed:
(1) May provide for the office of the justice of the peace the
office and courtroom and clerical assistance necessary to enable the
justice of the peace to effectuate the prompt, efficient and dignified
administration of justice.
(2) Shall provide for the office of the justice of the peace:
(a) The books, records, forms, papers, stationery, postage and
office equipment and supplies necessary in the proper keeping of the
records and files of the judicial office and the transaction of the
business thereof.
(b) The latest edition of the Oregon Revised Statutes and all
official materials published from time to time to supplement such
edition. [Amended by 1955 c.448 §1; 1957 c.180 §1]JUSTICES OF THE PEACE Each justice of the
peace district shall elect one justice of the peace, who shall hold
office for six years and until a successor is elected and qualified. The election at
which a justice of the peace shall be elected shall be the general
election or, if applicable, the election specified in ORS 249.088 next
preceding the expiration of the term of the incumbent of the office.
[Amended by 1991 c.719 §3] (1) A person
shall not be eligible to the office of justice of the peace unless the
person is a citizen of the United States and a resident of this state.
(2) Each justice of the peace shall be a resident of or have a
principal office in the justice of the peace district in which the
justice court is located. For purposes of this subsection, a “principal
office” shall be the primary location from which a person conducts the
person’s business or profession.
(3) The residence within this state required by subsection (1) of
this section shall have been maintained for at least three years, and the
residence or principal office required by subsection (2) of this section
shall have been maintained for at least one year, immediately prior to
appointment or becoming a candidate for election to the office of justice
of the peace. [1991 c.458 §10; 1993 c.493 §88] (1) Each justice of the peace who is
not a member of the Oregon State Bar shall attend or participate in a
minimum of 30 hours of educational programs every two calendar years. The
programs shall be those conducted and supervised or approved by the Chief
Justice of the Supreme Court or designee.
(2) Each justice of the peace who is not a member of the Oregon
State Bar shall submit a written annual report of the hours of
educational programs referred to in subsection (1) of this section that
are attended or participated in by the justice during each calendar year
to the Oregon Justices of the Peace Association and shall submit a copy
of that report to the governing body of the county in which the justice
has been elected or appointed. The report and copy shall be submitted not
later than March 1 of the year following the calendar year for which the
report is applicable. [1989 c.1005 §1; 1993 c.742 §39]The term of office of a justice of the peace
shall commence on the first Monday in January next following election.
Before entering upon the duties of office, the person elected thereto
shall qualify by filing with the county clerk of the county wherein the
person is elected:
(1) The certificate of election of the person.
(2) An oath of office, by the person subscribed, to the effect that
the person will support the Constitution of the United States and the
Constitution of Oregon and will faithfully and honestly perform the
duties of the office.
(3) Also an official undertaking, duly approved by the county court
or board of county commissioners in the penal sum of $2,500; provided,
that the official undertaking of a justice of the peace in any district
in which is located the county seat, or any part thereof, shall be in
such greater penal sum, not exceeding $10,000, as the court or board
shall designate. [Amended by 1987 c.158 §7](1) If a vacancy occurs in the office of justice of
the peace, the Governor immediately shall appoint some person possessing
the qualifications for election to that office to fill the vacancy until
the next general election and until such appointee’s successor is elected
and qualified. The person appointed to fill the vacancy shall qualify in
the same manner as a person elected to the office.
(2) In the event of a temporary absence or other incapacity of a
justice of the peace, the county court, if it deems it in the public
interest, may appoint a sitting justice of the peace from any county
justice of the peace district within the State of Oregon, or may appoint
a person possessing the qualifications for election as justice of the
peace, to serve as justice of the peace pro tempore during the period of
absence or incapacity. An appointment under this subsection may not be
for a period exceeding one year.
(3) In the event of a temporary absence of a justice of the peace
for a period of more than 60 consecutive days, or in the event of
inability for a like period to act by reason of illness or other cause,
the Governor, if the Governor deems it necessary in the public interest
that a person be appointed to fill such temporary vacancy, shall appoint
some person possessing the qualifications for election to such office to
fill the temporary vacancy.
(4) The person appointed by the county court or Governor pursuant
to subsection (2) or (3) of this section immediately shall qualify in the
same manner as a person elected to the office, and thereupon shall
perform the duties of justice of the peace for the district during the
temporary absence or inability. During the temporary tenure, the person
shall receive the salary that the absent justice of the peace otherwise
would have received during the period. When any such appointee has
qualified and entered upon the duties of office, the appointment thereto
shall not be revoked or rescinded during the actual trial or hearing of
any action or proceeding before the appointee; but the temporary
appointment may be terminated at any other time by written notice to that
effect given by the appointing authority and filed with the county clerk
of the county.
(5) Every justice of the peace is entitled to two weeks paid
vacation every year and during such absence the county court may appoint
a justice of the peace pro tempore pursuant to the provisions of
subsections (2) and (4) of this section. [Amended by 1961 c.724 §26; 1995
c.329 §1; 1995 c.658 §58] The official undertaking of a
justice of the peace shall be in substantially the following form:
___________________________________________________________________________
___
Whereas A B has been duly elected justice of the peace in and for
the District of______, in the County of______, at an election held on the
___ day of______, 2__, we, C D and E F, hereby undertake that if A B
shall not faithfully pay over according to law all moneys that shall come
into the hands of A B by virtue of such office, then we, or either of us,
will pay to the State of Oregon the sum of $___.
C D.
E F.
___________________________________________________________________________
__ The
sureties in the undertaking provided for in ORS 51.250 shall have the
qualifications of bail and shall be residents of the county, and their
justification must be filed with the undertaking.
A judge of the circuit court for a county, or any justice of
the peace for a justice court district located within the county, may
exercise the powers and duties of justice of the peace of any justice
court in the county:
(1) At the request of the justice of the peace of the justice court;
(2) In the event of a vacancy in the office of the justice of the
peace, until the vacancy is filled as provided by law; or
(3) In the event of the absence, incapacity or disqualification of
the justice of the peace, during the period of such absence, incapacity
or disqualification. [1965 c.377 §2; 1979 c.69 §1; 1999 c.605 §3]
(1)
Except as provided in ORS 105.130, the justice of the peace shall
collect, in advance except in criminal cases, and issue receipts for, the
following fees:
(a) For the first appearance of the plaintiff, $30.
(b) For the first appearance of the defendant, $22.50.
(c) In the small claims department, for a plaintiff filing a claim,
$22.50; and for a defendant requesting a hearing, $15.
(d) For transcript of judgment, $6.
(e) For transcript of judgment from the small claims department, $5.
(f) For certified copy of judgment, $3.50.
(g) For issuing writs of execution or writs of garnishment, $5 for
each writ.
(h) For taking an affidavit of a private party, $1.
(i) For taking depositions, for each folio, 70 cents.
(j) For supplying to private parties copies of records and files,
the same fees as provided or established for the county clerk under ORS
205.320.
(k) For each official certificate, $1.
(L) For taking and certifying for a private party an acknowledgment
of proof of any instrument, $3.
(m) Costs in criminal cases, where there has been a conviction, or
upon forfeiture of security, $5.
(2) Not later than the last day of the month immediately following
the month in which fees set forth in subsection (1) of this section are
collected, the justice of the peace shall pay all such fees, other than
those for performing marriage ceremonies, over to the county treasurer of
the county wherein the justice of the peace was elected or appointed, for
crediting to the general fund of the county, and shall take the receipt
of the treasurer therefor. [Amended by 1965 c.619 §25; 1979 c.447 §2;
1987 c.829 §1; 1989 c.583 §10; 1991 c.458 §2; 1997 c.801 §132; 1999
c.1051 §245; 2003 c.687 §1] Justices of the peace in
each county shall report to the county treasurer once in each month the
amount of all fines collected by them, from whom collected, and what the
fine was for, and at the same time pay to the county treasurer in money
the full amount of the fines collected. If the justices of the peace have
collected no fines, they shall report that fact to the county treasurer.
(1) The county
court or board of county commissioners may appoint a constable for any
justice of the peace district in the county.
(2) An appointed constable shall hold office for a term of not more
than four years to be set by the county court or board of county
commissioners.
(3) An appointed constable may be removed for cause by order of the
county court or board of county commissioners.
(4) An order of appointment or removal under this section shall not
take effect until filed with the county clerk. [Amended by 1965 c.624 §1;
1971 c.136 §1; 1995 c.658 §59] A person shall not be eligible to
the office of constable of a justice of the peace district unless the
person is an elector registered in the county in which the court is
located. The county court or county commissioner may designate the
constable as the constable for one or more justice of the peace districts
within the county. [Amended by 1965 c.624 §3; 1983 c.83 §3; 1995 c.658
§60] Before entering
upon the duties of the office of constable, the person selected shall
qualify by filing with the county clerk an oath of office subscribed and
to the same effect as required of a justice of the peace, and also an
official undertaking, duly approved as in the case of a justice of the
peace, in the penal sum of $2,500; provided, that the official
undertaking of a constable of any justice of the peace district in which
is located the county seat, or any part thereof, shall be in such greater
penal sum, not exceeding $10,000, as the county court or board of county
commissioners shall designate. [Amended by 1965 c.624 §4; 1995 c.658 §61] The official undertaking of a constable
shall be in substantially the following form:
___________________________________________________________________________
___
Whereas A B has been duly selected constable of the District
of______, in the County of______, we, C D and E F, hereby undertake that
if A B does not faithfully execute and return all process to A B directed
and delivered, and pay over according to law all moneys that shall come
into the hands of A B by virtue of office, then we, or either of us, will
pay to the State of Oregon the sum of $___.
C D.
E F.
___________________________________________________________________________
___[Amended by 1965 c.624 §5; 1995 c.658 §62] The sureties in the undertaking
provided for in ORS 51.460 shall have the qualifications of bail and
shall be residents of the county; and their justification must be filed
with the undertaking. If a vacancy
occurs in any office of constable, the county court or board of county
commissioners may appoint some person possessing the qualifications
prescribed by ORS 51.450 to fill the vacancy until the expiration of the
term. The person so appointed to fill the vacancy shall qualify in the
manner and form prescribed by ORS 51.460. [Amended by 1965 c.624 §6]With the approval of the county court or board
of county commissioners, a constable may have one or more deputies, who
shall be appointed by the constable in writing. Each such appointment
shall be filed with the county clerk of the county, and shall be
revocable at any time by the constable, by a writing signed by the
constable and filed with the clerk; and, upon the filing, the term of the
deputy or deputies therein named shall cease. Every person appointed
deputy shall, before entering upon the duties of the office, take and
file with the county clerk an oath of office of like effect to that taken
and filed by the constable. Each deputy shall have authority and power to
perform any duty or act that the appointing constable has the authority
and power to perform, and the constable shall be responsible on the
official bond of the constable for any act or omission of any deputy.
Each deputy shall receive monthly from the county such salary as may be
fixed by order of the county court or board of county commissioners. The
salary shall be payable in the same manner as the salaries of county
officers are paid, and shall be in full compensation for all official
duties and services performed and rendered by the deputy; and no other
compensation, commissions or fees whatever shall be allowed to, or
received or retained by the deputy. [Amended by 1965 c.624 §7]The constable shall collect in advance in civil cases for each
service performed in the execution of official duties the fees fixed by
law to be charged for the same or a similar service by the sheriff of the
county wherein such constable has been selected. The constable shall, not
later than the 15th day of the month following the month in which such
fees are collected, pay them over to the county treasurer of the county
wherein the constable has been selected, for crediting to the general
fund of the county, and take the receipt of the treasurer for them.
[Amended by 1965 c.624 §9](1) The constable of a justice of the peace district shall have
office in and with that of the justice of the peace, without charge.
(2) The county court or board of county commissioners of the county
wherein a constable has been selected shall provide the constable with
such office space and clerical assistance as shall be necessary to enable
the constable promptly and efficiently to perform the duties of office,
and also with such books, records, forms, papers, stationery, postage and
office equipment and supplies as may be necessary in the proper
transaction of the business of such office. [Amended by 1965 c.624 §10]
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