US Laws, Codes, Statutes & Cases

TITLE 1

COURTS OF RECORD; COURT OFFICERS; JURIES

 

Chapter     1.        Courts and Judicial Officers Generally

                   2.        Supreme Court; Court of Appeals

                   3.        Circuit Courts Generally

                   5.        County Courts (Judicial Functions)

                   7.        Records and Files of Courts

                   8.        Court Officers and District Attorneys

                   9.        Attorneys; Law Libraries

                  10.       Juries

 

_______________

 

Chapter 1 — Courts and Judicial Officers Generally

 

2007 EDITION

 

COURTS AND JUDICIAL OFFICERS GENERALLY

 

COURTS OF RECORD; COURT OFFICERS; JURIES

 

COURTS

 

1.001         State policy for courts

 

1.002         Supreme Court; Chief Justice as administrative head of judicial department; rules; presiding judges as administrative heads of courts

 

1.003         Chief Justice’s powers to appoint Chief Judge and presiding judges; terms; disapproval of appointment

 

1.004         Supreme Court rules governing coordination of class actions

 

1.005         Credit card transactions for fees, security deposits, fines and other court-imposed obligations; rules

 

1.006         Supreme Court rules

 

1.007         Judicial Department Revolving Account; uses; sources

 

1.008         Personnel plan, fiscal plan and property plan

 

1.009         Judicial Department Operating Account

 

1.010         Powers of courts in administration of court business and proceedings

 

1.020         Contempt punishment

 

1.025         Duty of court and court officers to require performance of duties relating to administration of justice; enforcement of duty by mandamus

 

1.030         Seal; form; custody; affixing

 

1.040         Sittings of court to be public; when may be private

 

1.050         Time for decision on submitted questions; certificate of compliance with requirement; penalty for false certificate

 

1.055         Term of court

 

1.060         Days for transaction of judicial business; exceptions

 

1.070         When court deemed appointed for next judicial day

 

1.080         Place of holding court

 

1.085         Chief Justice to designate principal location for sitting of courts; alternative sites

 

1.090         Trial elsewhere than at usual location on agreement of parties

 

1.110         Adjournment or postponement when judge does not attend

 

1.120         Proceedings unaffected by vacancy in office or failure of term

 

1.130         Power to adjourn proceedings

 

1.140         Manner of addressing application or proceeding to court or judge

 

1.150         Proceedings to be in English; foreign language translation; rules and procedures

 

1.160         Means to carry jurisdiction into effect; adoption of suitable process or mode of proceeding

 

1.171         Powers and duties of presiding judge for judicial district

 

1.175         Docket priorities

 

COURT SECURITY

 

1.177         Advisory Committee on State Court Security and Emergency Preparedness; state plan

 

1.178         State Court Facilities Security Account; expenditures; reports

 

1.180         Advisory committees on court security and emergency preparedness; plans

 

1.182         Court facilities security accounts; funding; expenditures; reports

 

OPERATION OF COURTHOUSES

 

1.185         County to provide courtrooms, offices and jury rooms

 

1.187         State to provide supplies and personal property for courts

 

COLLECTION OF COURT ACCOUNTS

 

1.194         Definitions for ORS 1.194 to 1.200

 

1.195         Reports on liquidated and delinquent accounts of state courts

 

1.197         Assignment of liquidated and delinquent accounts to collection agencies; relinquishment of accounts by collection agencies; collections by Department of Revenue

 

1.198         Exemptions from requirements of ORS 1.197

 

1.199         Policies and procedures for exempting accounts from requirements of ORS 1.197 and for ceasing collection efforts

 

1.200         Effect of ORS 1.194 to 1.200 on authority of judge

 

1.202         Fee for establishing and administering account for judgment that includes monetary obligation; fee for judgment referred for collection

 

1.204         Judicial Department collections and revenue management program; Judicial Department Collections Account; reimbursement of program expenses

 

JUDICIAL OFFICERS GENERALLY

 

1.210         Judicial officer defined

 

1.212         Oath of office for judges

 

1.220         Judicial officer or partner acting as attorney

 

1.230         Powers of a judge out of court

 

1.240         Powers of judicial officers

 

1.250         Punishment for contempt

 

1.260         Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts; where powers may be exercised

 

1.270         Powers of other judicial officers; where powers may be exercised

 

1.290         Leaves of absence

 

1.300         Senior judge; assignment; duties and powers; compensation and expenses

 

1.303         Disability of judge; procedures upon receipt by Chief Justice of complaint or information

 

1.305         Commencement of judicial term of office

 

INVOLUNTARY RETIREMENT OF JUDGES

 

1.310         Involuntary retirement of judges for disability; rules

 

COMMISSION ON JUDICIAL FITNESS AND DISABILITY

 

1.410         Commission on Judicial Fitness and Disability; term; Senate confirmation

 

1.415         Powers and duties of commission; rules

 

1.420         Investigation; hearings; consent to discipline; recommendation; temporary suspension

 

1.425         Commission proceedings upon receipt of complaint of disability; hearing; physical examination; disposition

 

1.430         Supreme Court review; censure; order of suspension or removal

 

1.440         Status of records of proceedings under ORS 1.420 or 1.425

 

1.450         Status of testimony in proceedings under ORS 1.420 or 1.425

 

1.460         Judge not to participate in proceedings involving self except in defense

 

1.470         Service of process; proof; return; witness fees

 

1.475         Procedure when process not obeyed

 

1.480         Officers; quorum; compensation and expenses

 

CITATION AND PETITION FORMS

 

1.525         Uniform citation and petition forms for certain offenses

 

REPRESENTATION OF JUDGES BY PRIVATE COUNSEL

 

1.550         Private counsel for judges

 

1.560         Procedure for employment of private counsel; terms and conditions

 

1.570         Claims for compensation of private counsel; approval by State Court Administrator

 

JUDGES PRO TEMPORE

 

1.600         Appointment pro tempore to Supreme Court or Court of Appeals; powers and duties

 

1.605         Compensation and expenses for judges under ORS 1.600

 

1.615         Appointment pro tempore to tax court or circuit court; powers and duties

 

1.625         Compensation and expenses for judges under ORS 1.615

 

1.635         Appointment pro tempore of eligible person to tax court or circuit court

 

1.645         Transfer, challenge, disqualification, supervision of person appointed under ORS 1.635

 

1.655         Extension and termination of appointment under ORS 1.635; eligibility to appear as attorney

 

1.665         Compensation and expenses of persons appointed under ORS 1.635

 

1.675         Judge pro tempore ineligible to participate in selection or removal of Chief Justice, Chief Judge or presiding judge

 

COUNCIL ON COURT PROCEDURES

 

1.725         Legislative findings

 

1.730         Council on Court Procedures; membership; terms; rules; meetings; expenses of members

 

1.735         Rules of procedure; limitation on scope and substance; submission of rules to members of bar and Legislative Assembly

 

1.740         Employment of staff; public hearings

 

1.745         Laws on civil pleading, practice and procedure deemed rules of court until changed

 

1.750         Legislative Counsel to publish rules

 

1.755         Gifts, grants and donations; Council on Court Procedures Account

 

1.760         Legislative advisory committee

 

JUDICIAL CONFERENCE

 

1.810         Judicial conference; membership; officers; expenses

 

1.820         Function of conference

 

1.830         Meetings

 

1.840         Annual report

 

ADVISORY COUNCILS

 

1.851         Local criminal justice advisory councils

 

JUSTICE AND MUNICIPAL COURT REGISTRY

 

1.855         State Court Administrator to establish registry of justice and municipal courts

 

COURTS

 

      1.001 State policy for courts. The Legislative Assembly hereby declares that, as a matter of statewide concern, it is in the best interests of the people of this state that the judicial branch of state government, including the appellate, tax and circuit courts, be funded and operated at the state level. The Legislative Assembly finds that state funding and operation of the judicial branch can provide for best statewide allocation of governmental resources according to the actual needs of the people and of the judicial branch by establishing an accountable, equitably funded and uniformly administered system of justice for all the people of this state. [1981 s.s. c.3 §1]

 

      1.002 Supreme Court; Chief Justice as administrative head of judicial department; rules; presiding judges as administrative heads of courts. (1) The Supreme Court is the highest judicial tribunal of the judicial department of government in this state. The Chief Justice of the Supreme Court is the presiding judge of the court and the administrative head of the judicial department of government in this state. The Chief Justice shall exercise administrative authority and supervision over the courts of this state consistent with applicable provisions of law and the Oregon Rules of Civil Procedure. The Chief Justice, to facilitate exercise of that administrative authority and supervision, may:

      (a) Make rules and issue orders appropriate to that exercise.

      (b) Require appropriate reports from the judges, other officers and employees of the courts of this state and municipal courts.

      (c) Pursuant to policies approved by the Judicial Conference of the State of Oregon, assign or reassign on a temporary basis all judges of the courts of this state to serve in designated locations within or without the county or judicial district for which the judge was elected.

      (d) Set staffing levels for all courts of the state operating under the Judicial Department and for all operations in the Judicial Department.

      (e) Establish time standards for disposition of cases.

      (f) Establish budgets for the Judicial Department and all courts operating under the Judicial Department.

      (g) Assign or reassign all court staff of courts operating under the Judicial Department.

      (h) Pursuant to policies approved by the Judicial Conference of the State of Oregon, establish personnel rules and policies for judges of courts operating under the Judicial Department.

      (i) Take any other action appropriate to the exercise of the powers specified in this section and other law, and appropriate to the exercise of administrative authority and supervision by the Chief Justice over the courts of this state.

      (2) The Chief Justice may make rules for the use of electronic applications in the courts, including but not limited to rules relating to:

      (a) Applications based on the use of the Internet and other similar technologies;

      (b) The use of an electronic document, or use of an electronic image of a paper document in lieu of the original paper copy, for a document, process or paper that is served, delivered, received, filed, entered or retained in any action or proceeding;

      (c) The use of electronic signatures or another form of identification for any document, process or paper that is served, delivered, received, filed, entered or retained in any action or proceeding and that is required by any law or rule to be signed;

      (d) The use of electronic transmission for the service of documents in a proceeding, other than service of a summons or service of an initial complaint or petition;

      (e) Payment of statutory or court-ordered monetary obligations through electronic media;

      (f) Electronic storage of court documents;

      (g) Use of electronic citations in lieu of the paper citation forms as allowed under ORS 153.770, including use of electronic citations for parking ordinance violations that are subject to ORS 221.333 or 810.425;

      (h) Public access through electronic means to court documents that are required or authorized to be made available to the public by law; and

      (i) Transmission of open court proceedings through electronic media.

      (3) Rules adopted by the Chief Justice under subsection (2) of this section must be consistent with the laws governing courts and court procedures, but any person who serves, delivers, receives, files, enters or retains an electronic document, or an electronic image of a paper document in lieu of the original paper copy, in the manner provided by a rule of the Chief Justice under subsection (2) of this section shall be considered to have complied with any rule or law governing service, delivery, reception, filing, entry or retention of a paper document.

      (4) Rules made and orders issued by the Chief Justice under this section shall permit as much variation and flexibility in the administration of the courts of this state as are appropriate to the most efficient manner of administering each court, considering the particular needs and circumstances of the court, and consistent with the sound and efficient administration of the judicial department of government in this state.

      (5) The judges, other officers and employees of the courts of this state shall comply with rules made and orders issued by the Chief Justice. Rules and orders of a court of this state, or a judge thereof, relating to the conduct of the business of the court shall be consistent with applicable rules made and orders issued by the Chief Justice.

      (6) The Chief Judge of the Court of Appeals and the presiding judge of each judicial district of this state are the administrative heads of their respective courts. They are responsible and accountable to the Chief Justice of the Supreme Court in the exercise of their administrative authority and supervision over their respective courts. Other judges of the Court of Appeals or court under a presiding judge are responsible and accountable to the Chief Judge or presiding judge, and to the Chief Justice, in respect to exercise by the Chief Justice, Chief Judge or presiding judge of administrative authority and supervision.

      (7) The Chief Justice may delegate the exercise of any of the powers specified by this section to the presiding judge of a court, and may delegate the exercise of any of the administrative powers specified by this section to the State Court Administrator, as may be appropriate.

      (8) This section applies to justices of the peace and the justice courts of this state solely for the purpose of disciplining of justices of the peace and for the purpose of continuing legal education of justices of the peace. [1959 c.552 §1; 1973 c.484 §1; 1981 s.s. c.1 §3; 1995 c.221 §1; 1995 c.781 §2; 1999 c.787 §1; 2001 c.911 §1; 2007 c.129 §1]

 

      1.003 Chief Justice’s powers to appoint Chief Judge and presiding judges; terms; disapproval of appointment. (1) The Chief Justice of the Supreme Court shall appoint after conferring with and seeking the advice of the Supreme Court, and may remove at pleasure:

      (a) The Chief Judge of the Court of Appeals.

      (b) The presiding judge for each judicial district.

      (2) Except as provided in subsection (3) of this section, the term of office of the Chief Judge or presiding judge is two years, commencing on January 1 of each even-numbered year. A judge is eligible for reappointment as Chief Judge or presiding judge.

      (3) If there is a vacancy for any cause in the office of Chief Judge or presiding judge:

      (a) When the vacancy occurs after January 1 of an even-numbered year and before July 1 of the following odd-numbered year, the Chief Justice shall make an appointment for a term expiring December 31 of that odd-numbered year.

      (b) When the vacancy occurs after June 30 of an odd-numbered year and before January 1 of the following even-numbered year, the Chief Justice shall make an appointment for a term expiring December 31 of the odd-numbered year following that even-numbered year.

      (c) The Chief Justice shall designate a judge of the court concerned as acting Chief Judge or acting presiding judge to serve until an appointment is made as provided in this section.

      (4) Before appointing a Chief Judge or presiding judge the Chief Justice shall confer with and seek the advice of the judges of the courts concerned in respect to the appointment.

      (5) The Chief Justice shall give written notice of the judge appointed as Chief Judge or presiding judge to each judge of the court concerned not later than 10 days before the effective date of the appointment. A majority of the judges of the courts concerned may disapprove the appointment by a written resolution signed by each judge disapproving the appointment and submitted to the Chief Justice before the effective date of the appointment. If the appointment is so disapproved, the Chief Justice shall appoint another judge as Chief Judge or presiding judge, and shall notify each judge of the courts concerned as provided in this subsection. If the courts concerned have five or more judges, a second appointment is subject to disapproval, as provided in this subsection, by a majority of the judges of the courts concerned. A third appointment is not subject to disapproval under this subsection. [1981 s.s. c.1 §4; 1995 c.658 §7; 1995 c.781 §3]

 

      1.004 Supreme Court rules governing coordination of class actions. Notwithstanding any other provision of law or the Oregon Rules of Civil Procedure, the Supreme Court shall provide by rule the practice and procedure for coordination of class actions under ORCP 32 in convenient courts, including provision for giving notice and presenting evidence. [Formerly 13.370]

 

      1.005 Credit card transactions for fees, security deposits, fines and other court-imposed obligations; rules. The Chief Justice of the Supreme Court or the presiding judge of any judicial district of this state may establish by rule a program to permit the use of credit card transactions as security deposits, fines, assessments, restitution or any other court-imposed monetary obligation arising out of an offense. The program may also provide for the use of credit card transactions to pay for filing fees, response fees, certification fees and any other fees charged by the court. Any rules adopted pursuant to this section may provide for recovery from the person using the credit card of an additional amount reasonably calculated to recover any charge to the court by a credit card company resulting from use of the credit card. [1983 c.763 §54; 1989 c.1008 §2; 1993 c.531 §2; 1995 c.781 §4; 1997 c.801 §112; 1999 c.1051 §234]

 

      1.006 Supreme Court rules. (1) The Supreme Court may prescribe by rule the form of written process, notices, motions and pleadings used or submitted in civil proceedings and criminal proceedings in the courts of this state. The rules shall be designed to prescribe standardized forms of those writings for use throughout the state. The forms so prescribed shall be consistent with applicable provisions of law and the Oregon Rules of Civil Procedure. The form of written process, notices, motions and pleadings submitted to or used in the courts of this state shall comply with rules made under this section.

      (2) The Supreme Court may prescribe by rule the manner of filing of pleadings and other papers submitted in civil proceedings with the courts of this state by means of a telephonic facsimile communication device. The manner so prescribed shall be consistent with applicable provisions of law and the Oregon Rules of Civil Procedure. [1959 c.552 §3; 1973 c.630 §1; 1981 s.s. c.1 §19; 1989 c.295 §2]

 

      1.007 Judicial Department Revolving Account; uses; sources. (1) There is established in the State Treasury an account to be known as the Judicial Department Revolving Account. Upon the written request of the Chief Justice of the Supreme Court, the Oregon Department of Administrative Services shall draw warrants in favor of the Supreme Court and charged against appropriations to the Supreme Court for court expenses. The warrants shall be deposited in the revolving account. The revolving account shall not exceed the aggregate sum of $1 million, including unreimbursed disbursements.

      (2) Moneys in the revolving account may be used for the payment of court expenses for which appropriations are made to the Supreme Court and for which immediate cash payment is necessary or desirable. Moneys in the revolving account may be disbursed by checks issued by or under the authority of the Chief Justice.

      (3) All claims for reimbursement of disbursements from the revolving account shall be approved by the Chief Justice or, as directed by the Chief Justice, the State Court Administrator, and by the Oregon Department of Administrative Services. When claims have been approved, a warrant covering them shall be drawn in favor of the Supreme Court, charged against appropriations to the Supreme Court for court expenses, and used to reimburse the revolving account.

      (4) This section does not authorize the drawing of a warrant against or the disbursement of any appropriation to the Supreme Court for court expenses in excess of the amount, or for a purpose other than, established by or pursuant to law therefor.

      (5) As used in this section, “court expenses” includes expenses of the Supreme Court, Court of Appeals, Oregon Tax Court and State Court Administrator and expenses of the circuit courts required to be paid by the state. [1983 c.737 §1; 1985 c.502 §14]

 

      1.008 Personnel plan, fiscal plan and property plan. The Chief Justice of the Supreme Court shall establish and maintain, consistent with applicable provisions of law:

      (1) A personnel plan for officers, other than judges, and employees of the courts of this state who are state officers or employees, governing the appointment, promotion, classification, minimum qualifications, compensation, expenses, leave, transfer, layoff, removal, discipline and other incidents of employment of those officers and employees.

      (2) A plan for budgeting, accounting and other fiscal management and control applicable to expenditures made and revenues received by the state in respect to the courts of this state.

      (3) A plan for acquisition, use and disposition of supplies, materials, equipment and other property provided by the state for the use of the courts of this state. [1981 s.s. c.3 §4]

 

      1.009 Judicial Department Operating Account. (1) The Judicial Department Operating Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Judicial Department and may be used only to pay the operating expenses of the department.

      (2) All moneys received by the department pursuant to ORS 151.216 (1)(i) shall be deposited in the Judicial Department Operating Account.

      (3) The department may accept gifts, grants or contributions from any source, whether public or private, for deposit in the Judicial Department Operating Account. [2003 c.737 §83]

 

      1.010 Powers of courts in administration of court business and proceedings. Every court of justice has power:

      (1) To preserve and enforce order in its immediate presence.

      (2) To enforce order in the proceedings before it, or before a person or body empowered to conduct a judicial investigation under its authority.

      (3) To provide for the orderly conduct of proceedings before it or its officers.

      (4) To compel obedience to its judgments, orders and process, and to the orders of a judge out of court, in an action, suit or proceeding pending therein.

      (5) To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto.

      (6) To compel the attendance of persons to testify in an action, suit or proceeding pending therein, in the cases and manner provided by statute.

      (7) To administer oaths in an action, suit or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers or the performance of its duties. [Amended by 2003 c.576 §267]

 

      1.020 Contempt punishment. For the effectual exercise of the powers specified in ORS 1.010, the court may punish for contempt in the cases and the manner provided by statute.

 

      1.025 Duty of court and court officers to require performance of duties relating to administration of justice; enforcement of duty by mandamus. (1) Where a duty is imposed by law or the Oregon Rules of Civil Procedure upon a court, or upon a judicial officer, clerk, bailiff, sheriff, constable or other officer, which requires or prohibits the performance of an act or series of acts in matters relating to the administration of justice in a court, it is the duty of the judicial officer or officers of the court, and each of them, to require the officer upon whom the duty is imposed to perform or refrain from performing the act or series of acts.

      (2) Matters relating to the administration of justice include, but are not limited to, the selection and impaneling of juries, the conduct of trials, the entry and docketing of judgments and all other matters touching the conduct of proceedings in courts of this state.

      (3) The duty imposed by subsection (1) of this section may be enforced by writ of mandamus. [1957 c.565 §1; 1979 c.284 §40]

 

      1.030 Seal; form; custody; affixing. (1) Each of the following courts, and no other, has a seal:

      (a) The Supreme Court and the Court of Appeals.

      (b) Each circuit court and the Oregon Tax Court.

      (c) Each county court.

      (2) The seals shall have the arms of the state engraved in the center, with the following inscription surrounding the same:

      (a) For the Supreme Court, “Supreme Court, State of Oregon.”

      (b) For the Court of Appeals, “Court of Appeals, State of Oregon.”

      (c) For the circuit court, “Circuit Court, _____ County, State of Oregon,” inserting the name of the particular county.

      (d) For the Oregon Tax Court, “Oregon Tax Court, State of Oregon.”

      (e) For the county court, “County Court, _____ County, State of Oregon,” inserting the name of the particular county.

      (3) The clerk of the court shall keep the seal, and affix it to any process, transcript, certificate or other paper required by statute. [Amended by 1957 c.246 §1; 1961 c.533 §35; 1969 c.198 §16; 1991 c.790 §1; 1995 c.658 §9]

 

      1.040 Sittings of court to be public; when may be private. The sittings of every court of justice are public, except that upon the agreement of the parties to a civil action, suit or proceeding, filed with the clerk or entered in the appropriate record, the court may direct the trial, or any other proceeding therein, to be private; upon such order being made, all persons shall be excluded, except the officers of the court, the parties, their witnesses and counsel. [Amended by 1985 c.540 §18]

 

      1.050 Time for decision on submitted questions; certificate of compliance with requirement; penalty for false certificate. Any question submitted to any judge of any court of, or any justice of the peace in, any of the courts of this state, excepting the Supreme Court and the Court of Appeals and the judges thereof, must be decided and the decision rendered within three months after submission, unless prevented by sickness or unavoidable casualty, or the time be extended by stipulation in writing signed by the counsel for the respective parties and filed with the judge before the expiration of said three months. This section is mandatory, and no officer shall sign or issue any warrant for the payment of the salary or any installment of the salary of any such judge or justice of the peace unless the voucher for such warrant shall contain or be accompanied by a certificate of such judge or justice of the peace that all matters submitted to the judge or justice of the peace for decision three months or more prior to the filing of said voucher have been decided as required herein; and, in case the time has been extended by stipulation in writing, or a decision has been prevented by sickness or unavoidable casualty, said certificate shall state the facts excusing the delay. The making and filing of a false certificate shall be just cause for complaint to the legislature and removal of said judge or justice of the peace. [Amended by 1969 c.198 §17]

 

      1.055 Term of court. (1) A term of court is a period of time appointed for the convenient transaction of the business of the court. The existence or nonexistence of a term of court has no effect on the duties and powers of the court.

      (2) Notwithstanding that an act is authorized or required to be done before, during or after the expiration of a term of court, it may be done within a reasonable period of time. [1959 c.638 §1]

 

      1.060 Days for transaction of judicial business; exceptions. (1) Except as provided in subsection (2) of this section, the courts of justice may be held and judicial business transacted on any day.

      (2) On any legal holiday in this state no court may be open or transact any judicial business for any purpose except:

      (a) To give instructions to a jury then deliberating upon its verdict;

      (b) To receive the verdict of a jury, or to discharge a jury in case of its inability to agree upon a verdict; or

      (c) For the exercise of the powers of a magistrate in criminal actions or proceedings of a criminal nature.

      (3) Except to the extent provided by the order, a court may not be open or transact judicial business for any purpose when the court is closed by an order of the Chief Justice. [Amended by 1971 c.240 §1; 1973 c.512 §1; 1981 s.s. c.3 §21; 2002 s.s.1 c.10 §7]

 

      1.070 When court deemed appointed for next judicial day. If a day appointed for holding a court, or to which it is adjourned, is a legal holiday, the court is deemed appointed for or adjourned to the next judicial day.

 

      1.080 Place of holding court. Every court of justice shall sit at the location designated by or pursuant to law for that purpose. [Amended by 1983 c.763 §1]

 

      1.085 Chief Justice to designate principal location for sitting of courts; alternative sites. (1) Except to the extent otherwise specifically provided by law, the Chief Justice of the Supreme Court shall designate the principal location for the sitting of the Supreme Court, Court of Appeals, Oregon Tax Court and each circuit court. For each circuit court there shall be a principal location in each county in the judicial district.

      (2) The Chief Justice may designate locations for the sitting of the Supreme Court, Court of Appeals, Oregon Tax Court and each circuit court other than those designated under subsection (1) of this section. Except as provided in subsection (3) of this section, locations designated under this subsection for a circuit court must be in the circuit court’s judicial district.

      (3) The Chief Justice may designate locations in the state for the sitting of circuit courts in the event of an emergency. Locations designated under this subsection need not be in the circuit court’s judicial district. [1983 c.763 §2; 1995 c.658 §10; 2007 c.547 §8]

 

      1.090 Trial elsewhere than at usual location on agreement of parties. Upon agreement of the parties to a civil action, suit or proceeding in a circuit or county court, filed with the clerk or entered in the register, the court may direct that the trial or any other proceeding therein be had elsewhere within the county than at a location otherwise designated by or pursuant to law for the sitting of the court. [Amended by 1983 c.763 §3; 1985 c.540 §19]

 

      1.100 [Repealed by 1983 c.763 §9]

 

      1.110 Adjournment or postponement when judge does not attend. If no judge attend on the day appointed for holding a court, before 4 p.m., the court shall stand adjourned until the next day at 9 a.m. In case a judge is unable to attend at the time provided by law for a regular term of court, or at the time specified for a special term, the judge may by an order made and signed anywhere in the district of the judge postpone such regular or special term until some future time. [Amended by 1959 c.638 §2]

 

      1.120 Proceedings unaffected by vacancy in office or failure of term. No action, suit or proceeding pending in a court of justice is affected by a vacancy in the office of any or all of the judges, or by the failure of a term thereof.

 

      1.130 Power to adjourn proceedings. A court or judicial officer has power to adjourn any proceedings before the court or the judicial officer, from time to time, as may be necessary, unless otherwise expressly provided by statute.

 

      1.140 Manner of addressing application or proceeding to court or judge. An application or other proceeding addressed to a court shall be addressed to it by its style as given by statute; an application or other proceeding addressed to a judicial officer shall be addressed to the judicial officer by name, without any other title than the style of office.

 

      1.150 Proceedings to be in English; foreign language translation; rules and procedures. (1) Except as provided in this section, every writing in any action, suit or proceeding in a court of justice of this state, or before a judicial officer, shall be in English.

      (2) A writing in an action, suit or proceeding in a court of justice of this state, or before a judicial officer, may be submitted in English and accompanied by a translation into a foreign language that is certified by the translator to be an accurate and true translation of the English writing. If the writing requires a signature, either the English or the foreign language writing may be signed.

      (3) If a writing is submitted in English and accompanied by a translation under subsection (2) of this section, a copy of the writing and the translation must be provided to the other parties in the proceeding in the manner provided by the statutes and rules relating to service, notice and discovery of writings in civil and criminal proceedings in courts of justice of this state and before judicial officers.

      (4) The State Court Administrator may establish policies and procedures governing the implementation of subsection (2) of this section.

      (5) Subsection (1) of this section does not prohibit the use of common abbreviations. [Amended by 1995 c.273 §1; 2003 c.14 §2]

 

      1.160 Means to carry jurisdiction into effect; adoption of suitable process or mode of proceeding. When jurisdiction is, by the Constitution or by statute, conferred on a court or judicial officer, all the means to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding is not specifically pointed out by the procedural statutes, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of the procedural statutes.