2005 Oregon Code - Chapter 14 :: Chapter 14 - Jurisdiction - Venue - Change of Judge
Chapter 14 — Jurisdiction; Venue; Change of Judge
2005 EDITION
JURISDICTION; VENUE; CHANGE OF JUDGE
PROCEDURE IN CIVIL PROCEEDINGS
JURISDICTION AND VENUE
14.030Â Â Â Â Â Â Jurisdiction as affected by place where cause of action or suit arises
14.040Â Â Â Â Â Â Actions and suits that are to be brought where subject is situated
14.050Â Â Â Â Â Â Actions that are to be brought where cause arose
14.060Â Â Â Â Â Â Venue of suits against state departments and officials
14.080Â Â Â Â Â Â Venue for other actions; residence of corporations and partnerships
CHANGE OF VENUE
14.110Â Â Â Â Â Â When place of trial may be changed
14.120Â Â Â Â Â Â Time of motion; to what county changed; number of changes
14.130Â Â Â Â Â Â Transmission of transcript of proceedings and original papers
14.140Â Â Â Â Â Â Payment of costs
14.150Â Â Â Â Â Â When court may vacate order
14.160Â Â Â Â Â Â When change of place of trial deemed complete
TRANSFER OF PROCEEDING AGAINST PUBLIC BODY
14.165Â Â Â Â Â Â Transfer of proceeding against public body; effect of transfer on statute of limitations; adoption of rules by Court of Appeals; filing fees
DISQUALIFICATION OF JUDGE
14.210Â Â Â Â Â Â Disqualification of judge for cause; application of section; waiver
14.250Â Â Â Â Â Â Disqualification of judge; transfer of cause; making up issues
14.260Â Â Â Â Â Â Affidavit and motion for change of judge; time for making; limit of two changes of judge
14.270Â Â Â Â Â Â Time of making motion for change of judge in certain circumstances; limit of two changes of judge
14.275Â Â Â Â Â Â Disqualification of appellate judge
     14.010 [Amended by 1975 c.628 §1;
repealed by 1979 c.284 §199]
     14.020
[Repealed by 1979 c.284 §199]
JURISDICTION AND VENUE
     14.030
Jurisdiction as affected by place where cause of action or suit arises.
When the court has jurisdiction of the parties, it may exercise it in respect
to any cause of action or suit wherever arising, except for the specific
recovery of real property situated without this state, or for an injury
thereto.
     14.035
[1963 c.352 §1; 1975 c.628 §2; 1979 c.246 §2; repealed by 1979 c.246 §7]
     14.040
Actions and suits that are to be brought where subject is situated. Actions
and suits for the following causes shall be commenced and tried in the county
in which the subject of the action or suit, or some part thereof, is situated:
     (1) Actions for the recovery of real property, or an estate or interest therein, or for injuries to real property.
     (2) Actions for the recovery of any personal property distrained for any cause.
     (3) Suits for the partition of real property.
     (4) Suits for the foreclosure of a lien or mortgage upon real property.
     (5) Suits for the determination of an adverse claim, estate, or interest in real property, or the specific performance of an agreement in relation thereto. [Amended by 1997 c.249 §12]
     14.050
Actions that are to be brought where cause arose. Actions for the following
causes shall be commenced and tried in the county where the cause, or some part
thereof, arose:
     (1) For the recovery of a penalty or forfeiture imposed by statute, except that when it is imposed for an offense committed on a lake, river or other stream of water, situated in two or more counties, the action may be commenced and tried in any county bordering on such lake, river or stream, and opposite the place where the offense was committed;
     (2) Against a public officer or person specially appointed to execute the duties of the public officer for an act done by the officer or person in virtue of the office of the public officer; or against a person who, by the command of the public officer, or in aid of the public officer, shall do anything touching the duties of such officer.
     14.060
Venue of suits against state departments and officials. Any suit against
any department, official, officer, commissioner, commission or board of the
state, as such, or in virtue of such status, other than a suit for the causes
enumerated in ORS 14.040, may be brought in the county wherein the cause of
suit, or some part thereof, arose.
     14.070
[Amended by 1987 c.331 §1; 1995 c.637 §10; 1995 c.666 §10; 1999 c.738 §5; 2003
c.264 §5; repealed by 2003 c.289 §§8,8a]
     14.080
Venue for other actions; residence of corporations and partnerships. (1)
All other actions shall be commenced in the county in which the defendants, or
one of them, reside at the commencement of the action or in the county where
the cause of action arose. A party resident of more than one county shall be
deemed a resident of each such county. If none of the defendants reside in this
state the action may be commenced in any county.
     (2) For purposes of this section, a corporation incorporated under the laws of this state, a limited partnership or a foreign corporation authorized to do business in this state shall be deemed to be a resident of any county where the corporation or limited partnership conducts regular, sustained business activity or has an office for the transaction of business or where any agent authorized to receive process resides. A foreign corporation or foreign limited partnership not authorized to transact business in this state shall be deemed not to be a resident of any county in this state.
     (3) For purposes of this section, a partnership or other unincorporated association subject to being sued in its own name shall be deemed a resident of any county where any person resides upon whom summons could be served for service upon the partnership or unincorporated association. [Amended by 1983 c.163 §1]
CHANGE OF VENUE
     14.110
When place of trial may be changed. (1) The court or judge thereof may
change the place of trial, on the motion of either party to an action or suit,
when it appears from the affidavit of such party that the motion is not made
for the purpose of delay and:
     (a) That the action or suit has not been commenced in the proper county;
     (b) That the judge is a party to, or directly interested in the event of the action or suit, or connected by consanguinity or affinity within the third degree, with the adverse party or those for whom the adverse party prosecutes or defends;
     (c) That the convenience of witnesses and the parties would be promoted by such change; or
     (d) In an action, that the judge or the inhabitants of the county are so prejudiced against the party making the motion that the party cannot expect an impartial trial before the judge or in the county, as the case may be.
     (2) When the moving party in an action is a nonresident of the county, the affidavit required under this section may be made by anyone on behalf of the moving party. [Amended by 2003 c.14 §15]
     14.120
Time of motion; to what county changed; number of changes. The motion for a
change of the place of trial may be made and allowed any time after the
commencement of the action or suit and before the beginning of trial, except
that, if the change sought is pursuant to the provisions of ORS 14.110 (1)(a),
the motion must be made before filing of the answer. If the motion is allowed,
the change shall be made to the county where the action or suit ought to have
been commenced, if it is for the cause mentioned in ORS 14.110 (1)(a), and in
other cases to the most convenient county where the cause assigned as the
reason for the change does not exist. Neither party shall be entitled to more
than one change of the place of trial, except for causes not in existence when
the first change was allowed. [Amended by 1963 c.339 §1]
     14.130
Transmission of transcript of proceedings and original papers. When the
place of trial has been changed, the clerk shall forthwith transmit to the
clerk of the proper court, a transcript of the proceedings in such cause, with
all the original papers filed therein, having first made out and filed in the
office of the clerk, authenticated copies of all such original papers.
     14.140
Payment of costs. The cost of a change of venue on the ground set forth in
ORS 14.110 (1)(a) shall be paid by the plaintiff, and failure to pay such cost
within 20 days after entry of the order for change of venue is ground for
dismissal of the action or suit. The cost of a change of venue on any other
grounds shall be paid by the applicant. The cost of a change of venue on any
ground shall not be taxed as a part of the costs of the case; and the clerk may
require payment of such costs before the transcript and papers are transmitted.
[Amended by 1963 c.339 §2]
     14.150
When court may vacate order. If the transcript and papers are not
transmitted to the clerk of the proper court within the time prescribed in the
order allowing the change, and the delay is caused by the act or omission of
the party procuring the change, the adverse party, on motion to the court or
judge thereof, may have the order vacated, and thereafter no other change of
the place of trial shall be allowed to such party.
     14.160
When change of place of trial deemed complete. Upon the filing of the
transcript and papers with the clerk of the court to which the cause is
transferred, the change of venue shall be deemed complete, and thereafter the
action shall proceed as though it had been commenced in that court.
TRANSFER OF PROCEEDING AGAINST PUBLIC BODY
     14.165
Transfer of proceeding against public body; effect of transfer on statute of
limitations; adoption of rules by Court of Appeals; filing fees. (1) If an
action or other proceeding against a public body is filed in circuit court and
the circuit court does not have authority to decide the case, the circuit court
shall:
     (a) Transfer the case to the court or tribunal authorized by law to decide the case if the circuit court determines that another court or tribunal is authorized by law to decide the case;
     (b) Refer the question to the Court of Appeals if the circuit court is in doubt whether there is another court or tribunal authorized by law to decide the case; or
     (c) Dismiss the action or proceeding if the circuit court determines that no other court or tribunal is authorized by law to decide the case.
     (2) If an action or other proceeding against a public body is filed in the Court of Appeals and the Court of Appeals does not have authority to decide the case, the Court of Appeals shall:
     (a) Transfer the case to the court or tribunal authorized by law to decide the case if the Court of Appeals determines that another court or tribunal is authorized by law to decide the case; or
     (b) Dismiss the action or proceeding if the Court of Appeals determines that no other court or tribunal is authorized by law to decide the case.
     (3) If a case is transferred by the circuit court under this section to a court or tribunal other than the Court of Appeals, and the court or tribunal determines, on its own motion or on the motion of a party, that the court or tribunal is not authorized by law to decide the case, the court or tribunal shall refer the question to the Court of Appeals.
     (4) The Court of Appeals shall adopt rules for the referral of questions to the Court of Appeals under this section. The rules shall provide opportunity for the parties to address the question, but shall provide the Court of Appeals with the means to reach an expeditious and summary determination of the question.
     (5) Upon referral of a question to the Court of Appeals under this section, the Court of Appeals shall:
     (a) Transfer the case to the court or tribunal that the Court of Appeals determines to be authorized by law to decide the case;
     (b) Decide the case if the Court of Appeals is the appropriate court; or
     (c) Dismiss the action or proceeding if the Court of Appeals determines that no court or tribunal is authorized by law to decide the case.
     (6) If an action or proceeding against a public body is transferred under this section, and the action or proceeding was filed in the transferring court within the time allowed by law for filing the action or proceeding in the receiving court or tribunal, the case may not be dismissed as not being filed within the time allowed by law.
     (7) If an action or proceeding against a public body is filed in circuit court or the Court of Appeals based on a reasonable interpretation of law, and the circuit court or the Court of Appeals determines that the case should be transferred under this section, the case shall be transferred to the appropriate court or tribunal in the manner provided by this section and may not be dismissed as not being filed within the time allowed by law if:
     (a) Under the interpretation of law made by the person filing the action or proceeding, the action or proceeding was filed in the proper court;
     (b) Under the interpretation of law made by the person filing the action or proceeding, the action or proceeding was timely filed in the transferring court; and
     (c) Any delay caused by the failure to file the action or proceeding within the time allowed for filing in the receiving court or tribunal does not substantially prejudice an adverse interest or public interest.
     (8) If an order to transfer is entered under this section, the transferring court shall send a copy of the order to each party to the action or proceeding. Within 10 days after the entry of the transfer order, the person who filed the action or proceeding must file a copy of the transfer order in the receiving court or tribunal and, subject to any provision for waiver or deferral of fees, pay to the receiving court or tribunal any filing fees charged by that court or tribunal. Within such time as may be allowed by the receiving court or tribunal, the person must then comply with such additional pleading and service requirements as may be imposed by the receiving court or tribunal. The person filing the action or proceeding is not entitled to a refund of any filing fees paid to the transferring court.
     (9) The provisions of this section do not apply to any action or proceeding that is subject to the provisions of ORS 34.102.
     (10) As used in this section:
     (a) “Public body” has the meaning given in ORS 192.410.
     (b) “Tribunal” means a public body authorized by law to review decisions of another public body. [2001 c.561 §1]
     14.170
[Amended by 1971 c.298 §1; repealed by 1981 s.s. c.3 §141]
DISQUALIFICATION OF JUDGE
     14.210
Disqualification of judge for cause; application of section; waiver. (1) A
judge shall not act as such in a court of which the judge is a member in any of
the following circumstances:
     (a) The judge shall not act as judge if the judge is a party to or directly interested in the action, suit or proceeding, except that the judge shall not be disqualified from acting as such in a case in which the judge is added as a party after taking any official action as a judge in the action, suit or proceeding, and in that case the judge shall be dismissed as a party without prejudice.
     (b) Except as provided in ORS 2.111 and 2.570, a judge shall not act as judge if the judge was not present and sitting as a member of the court at the hearing of a matter submitted for its decision. A judge may sign an order or judgment reflecting a decision made by another judge if, for good cause, the judge who made the decision is not available.
     (c) A judge shall not act as judge if the judge is related to any party, or to the attorney for any party, or to the partner or office associate of any such attorney, by consanguinity or affinity within the third degree.
     (d) A judge shall not act as judge if the judge has been attorney in the action, suit or proceeding for any party.
     (e) If appeal is made from a decision of another court, or judicial review of a decision of an administrative agency is sought, a judge shall not act as judge on appeal if the judge participated in making the decision that is subject to review.
     (2) This section does not apply to an application to change the place of trial, or the regulation of the order of business in court. In the circumstances specified in subsection (1)(c) and (d) of this section, the disqualification shall be deemed waived by the parties unless a motion for disqualification of the judge is made as provided by statute or court rule. [Amended by 1983 c.763 §59; 1999 c.659 §3]
     14.220
[Repealed by 1955 c.408 §2]
     14.230
[Repealed by 1955 c.408 §2]
     14.240
[Repealed by 1955 c.408 §2]
     14.250
Disqualification of judge; transfer of cause; making up issues. No judge of
a circuit court shall sit to hear or try any suit, action, matter or proceeding
when it is established, as provided in ORS 14.250 to 14.270, that any party or
attorney believes that such party or attorney cannot have a fair and impartial
trial or hearing before such judge. In such case the presiding judge for the
judicial district shall forthwith transfer the cause, matter or proceeding to
another judge of the court, or apply to the Chief Justice of the Supreme Court
to send a judge to try it; or, if the convenience of witnesses or the ends of
justice will not be interfered with by such course, and the action or suit is
of such a character that a change of venue thereof may be ordered, the
presiding judge may send the case for trial to the most convenient court;
except that the issues in such cause may, upon the written stipulation of the
attorneys in the cause agreeing thereto, be made up in the district of the
judge to whom the cause has been assigned. [1955 c.408 §1(1); 1981 c.215 §5;
1987 c.338 §1; 1995 c.781 §28]
     14.260
Affidavit and motion for change of judge; time for making; limit of two changes
of judge. (1) Any party to or any attorney appearing in any cause, matter
or proceeding in a circuit court may establish the belief described in ORS
14.250 by motion supported by affidavit that such party or attorney believes
that such party or attorney cannot have a fair and impartial trial or hearing
before such judge, and that it is made in good faith and not for the purpose of
delay. No specific grounds for the belief need be alleged. Such motion shall be
allowed unless the judge moved against, or the presiding judge for the judicial
district, challenges the good faith of the affiant and sets forth the basis of
such challenge. In the event of such challenge, a hearing shall be held before
a disinterested judge. The burden of proof shall be on the challenging judge to
establish that the motion was made in bad faith or for the purposes of delay.
     (2) The affidavit shall be filed with such motion at any time prior to final determination of such cause, matter or proceedings in uncontested cases, and in contested cases before or within five days after such cause, matter or proceeding is at issue upon a question of fact or within 10 days after the assignment, appointment and qualification or election and assumption of office of another judge to preside over such cause, matter or proceeding.
     (3) No motion to disqualify a judge shall be made after the judge has ruled upon any petition, demurrer or motion other than a motion to extend time in the cause, matter or proceeding. No motion to disqualify a judge or a judge pro tem, assigned by the Chief Justice of the Supreme Court to serve in a county other than the county in which the judge or judge pro tem resides shall be filed more than five days after the party or attorney appearing in the cause receives notice of the assignment.
     (4) In judicial districts having a population of 100,000 or more, the affidavit and motion for change of judge shall be made at the time and in the manner prescribed in ORS 14.270.
     (5) No party or attorney shall be permitted to make more than two applications in any cause, matter or proceeding under this section. [1955 c.408 §1(2); 1959 c.667 §1; 1981 c.215 §6; 1987 c.338 §2; 1995 c.781 §29]
     14.270
Time of making motion for change of judge in certain circumstances; limit of
two changes of judge. An affidavit and motion for change of judge to hear
the motions and demurrers or to try the case shall be made at the time of the
assignment of the case to a judge for trial or for hearing upon a motion or
demurrer. Oral notice of the intention to file the motion and affidavit shall
be sufficient compliance with this section providing that the motion and
affidavit are filed not later than the close of the next judicial day. No
motion to disqualify a judge to whom a case has been assigned for trial shall
be made after the judge has ruled upon any petition, demurrer or motion other
than a motion to extend time in the cause, matter or proceeding; except that
when a presiding judge assigns to the presiding judge any cause, matter or
proceeding in which the presiding judge has previously ruled upon any such
petition, motion or demurrer, any party or attorney appearing in the cause,
matter or proceeding may move to disqualify the judge after assignment of the
case and prior to any ruling on any such petition, motion or demurrer heard
after such assignment. No party or attorney shall be permitted to make more
than two applications in any action or proceeding under this section. [1955
c.408 §1(3); 1959 c.667 §2; 1969 c.144 §1; 1981 c.215 §7; 1995 c.781 §30]
     14.275
Disqualification of appellate judge. A party or an attorney for a party in
a cause before the Supreme Court or Court of Appeals may move to disqualify a
judge of the Supreme Court or of the Court of Appeals for one or more of the
grounds specified in ORS 14.210, or upon the ground that the judgeÂ’s participation
in the cause would violate the Oregon Code of Judicial Conduct. [1999 c.659 §4]
_______________
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