US Laws, Codes, Statutes & Cases

Chapter 21 — Fees Generally

 

2007 EDITION

 

FEES GENERALLY

 

PROCEDURE IN CIVIL PROCEEDINGS

 

APPELLATE COURT FEES

 

21.010       Filing and appearance fees on appeal

 

21.020       Fees for seal, copies of records and other services

 

21.040       Filing fees in cases of original jurisdiction

 

CIRCUIT COURT FEES

 

(Filing and Appearance Fees)

 

21.110       Filing and appearance fees in circuit court

 

21.111       Filing and appearance fees in certain domestic relations cases

 

21.112       Additional fee for conciliation, mediation and other services and programs in certain domestic relations cases

 

21.114       Filing and appearance fees in adoption and change of name proceedings; trial or hearing fee

 

(Motion Fees)

 

21.125       Chief Justice authorized to impose fees on motions

 

(Trial and Hearing Fees)

 

21.270       Trial fees

 

21.275       Hearing fees

 

(Probate Fees)

 

21.310       Probate filing fees and trial fee

 

(Miscellaneous Circuit Court Fees)

 

21.325       Miscellaneous circuit court fees

 

(Disposition of Fees)

 

21.335       Disposition of circuit court fees

 

LAW LIBRARY FEES

 

21.350       Law library fees

 

FORM FEES

 

21.361       Fees for forms provided by courts; exception

 

21.363       Court Forms Revolving Fund

 

SHERIFF AND PROCESS SERVER FEES

 

21.410       Sheriff and process server fees for services in civil actions, suits and proceedings

 

21.420       Itemized statement of charges

 

TRANSCRIPT FEES

 

21.470       Transcript fees; rules

 

LEGAL AID FEES

 

21.480       Legal aid and mediation program fees in circuit courts

 

REFEREE FEES

 

21.510       Referee fees

 

LIABILITY FOR AND PAYMENT OF FEES

 

21.580       Exemption of state, county and city from certain fees

 

21.615       Payment of certain fees in appeal to circuit court in any criminal action other than for state crime

 

21.660       Advance payment of, or security for, fees for services in court proceedings

 

21.670       Duty of officer receiving fees to give receipted cost bill

 

WAIVER AND DEFERRAL OF FEES AND COURT COSTS

 

21.680       Definitions for ORS 21.680 to 21.698

 

21.682       Authority to waive or defer fees and court costs; delegation

 

21.685       Application for waiver or deferral of fees or court costs

 

21.690       Waived fees; recovery

 

21.692       Judgment for deferred fees and court costs

 

21.695       Waiver or deferral of costs of transcript on appeal

 

21.698       Confidentiality of information related to waiver or deferral

 

21.700       Interest on judgments for deferred fees and costs; satisfaction; compromise prohibited

 

MISCELLANEOUS PROVISIONS

 

21.730       Per diem and mileage for private persons performing services required by law or in execution of process

 

PENALTIES

 

21.990       Penalties

 

APPELLATE COURT FEES

 

      21.010 Filing and appearance fees on appeal. (1) Except as provided in subsection (2) of this section, the appellant in an appeal or the petitioner in a judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee of $154 in the manner prescribed by ORS 19.265. The respondent in such case and any other person appearing in the appeal, upon entering first appearance or filing first brief in the court, shall pay to the State Court Administrator the sum of $154. The party entitled to costs and disbursements on such appeal shall recover from the opponent the amount so paid.

      (2) Filing and appearance fees may not be assessed in appeals from habeas corpus proceedings under ORS 34.710, post-conviction relief proceedings under ORS 138.650, juvenile court under ORS 419A.200 and the involuntary commitment of persons determined to be mentally ill under ORS 426.135 or persons determined to be mentally retarded under ORS 427.295, or on judicial review of orders of the Psychiatric Security Review Board under ORS 161.385 (9) or orders of the State Board of Parole and Post-Prison Supervision.

      (3) Filing and appearance fees shall be assessed in an appeal from an appeal to a circuit court from a justice court or municipal court in an action alleging commission of a state offense designated as a violation or an action alleging violation of a city charter or ordinance, but not in an action alleging commission of a state crime.

      (4) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding seeking imposition of remedial sanctions under the provisions of ORS 33.055. [Amended by 1963 c.556 §1; 1967 c.398 §3; 1969 c.198 §50; 1981 s.s. c.3 §§66,67; 1985 c.734 §15; 1987 c.852 §4; 1991 c.724 §17; 1993 c.33 §276; 1997 c.801 §27; 1999 c.1051 §118; 2003 c.737 §§1,3; 2005 c.702 §§1,2,3; 2005 c.843 §33; 2007 c.70 §7; 2007 c.860 §1]

 

      Note: Section 15 (1), chapter 860, Oregon Laws 2007, provides:

      Sec. 15. (1) In addition to the fees provided for in ORS 21.010 (1), for the period commencing September 1, 2007, and ending June 30, 2009, at the time of filing a response in the Court of Appeals or the Supreme Court, the State Court Administrator shall collect a surcharge of $8. [2007 c.860 §15(1)]

 

      21.020 Fees for seal, copies of records and other services. (1) The State Court Administrator shall collect a fee of $1 for affixing the seal of the court to a document.

      (2) The Chief Justice of the Supreme Court by order may establish or authorize fees for copies of records of the appellate courts and the administrative offices of the State Court Administrator, for services relating to those records and for other services that the appellate courts or administrative offices of the State Court Administrator are authorized or required to perform for which no fees are specifically provided by law. The fee established by the Chief Justice for paper copies of records may not exceed 25 cents per page, except for records for which additional services are required. If additional services are required, fees for providing the records are subject to ORS 192.440. [Amended by 1967 c.398 §4; 1969 c.198 §51; 1971 c.193 §25; 1997 c.801 §47; 2003 c.576 §286; 2005 c.385 §1]

 

      21.030 [Repealed by 1967 c.398 §10]

 

      21.040 Filing fees in cases of original jurisdiction. In cases of original jurisdiction in the Supreme Court, the plaintiff or moving party shall pay $39 and the defendant or respondent shall pay $22 on the filing of their first document. [Amended by 1967 c.398 §5; 1997 c.801 §48; 2003 c.737 §§5,6; 2005 c.702 §§5,6,7; 2007 c.129 §11]

 

      21.050 [Amended by 1969 c.198 §52; 1971 c.193 §26; repealed by 1981 s.s. c.1 §25]

 

      21.060 [1981 s.s. c.3 §81; 1983 c.308 §1; 1985 c.496 §16; 1995 c.658 §23; 1997 c.801 §§49,49a; 1997 c.872 §1; renumbered 21.325 in 1997]

 

      21.070 [1981 s.s. c.3 §82; 1983 c.763 §40; renumbered 21.335 in 1997]

 

CIRCUIT COURT FEES

 

(Filing and Appearance Fees)

 

      21.110 Filing and appearance fees in circuit court. (1) Except as otherwise provided in this section, at the time of filing in the circuit court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party the sum of $107 as a flat and uniform filing fee. In addition, at the time of filing any appearance in any such action, suit or proceeding by any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, the clerk shall collect from the party or parties the sum of $107 as a flat and uniform filing fee.

      (2) In the following actions, the clerk of the circuit court shall collect the sum of $68 as a flat and uniform filing fee from the plaintiff, appellant or moving party at the time the action is filed, and shall collect the sum of $68 as a flat and uniform filing fee from any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, at the time of filing any appearance in the action:

      (a) Actions for the recovery of money or damages only when the amount claimed does not exceed $10,000.

      (b) Actions for the recovery of specific personal property when the value of the property claimed and the damages for the detention do not exceed $10,000.

      (c) Actions for the recovery of any penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $10,000.

      (d) Actions to enforce, marshal and foreclose liens upon personal property where the amount claimed for such liens does not exceed $10,000.

      (e) Actions of interpleader, and in the nature of interpleader, when the amount of money or the value of the property involved does not exceed $10,000.

      (f) Actions for injunctive relief under ORS chapter 90 when the amount of any damages claimed does not exceed $10,000.

      (3) The clerk of the court shall collect the sum of $300 as a flat and uniform filing fee from the petitioner in a proceeding under ORS 181.823 or 181.826, at the time the petition is filed. Fees collected under this subsection shall be deposited into the Judicial Department Operating Account established in ORS 1.009.

      (4) For purposes of subsection (2) 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.

      (5) A pleading or other document shall be filed by the clerk only if the fee required under this section is paid by the person filing the document, or if a request for a fee waiver or deferral is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform fee shall cover all services to be performed by the court or clerk in any such action, suit or proceeding, except where additional fees are specially authorized by law.

      (6) Any plaintiff, appellant, moving party, defendant or respondent that files an action or appearance that is subject to the filing fees established under subsection (2) of this section must include in the caption of the pleading the following words: “Claim of not more than $10,000.”

      (7) The fees imposed by this section do not apply to:

      (a) Protective proceedings under ORS chapter 125;

      (b) Proceedings for dissolution of marriage, annulment of marriage or separation;

      (c) Filiation proceedings under ORS 109.124 to 109.230;

      (d) Proceedings to determine custody or support of a child under ORS 109.103;

      (e) Probate, adoption or change of name proceedings;

      (f) Proceedings involving dwelling units to which ORS chapter 90 applies and for which the fee is provided by ORS 105.130; or

      (g) Any counterclaim, cross-claim or third-party claim filed by a party who has appeared in the action or proceeding.

      (8) The fees described in this section shall not be charged to a district attorney or to the Division of Child Support of the Department of Justice for the filing of any case, motion, document, stipulated order, process or other document relating to the provision of support enforcement services as described in ORS 25.080. [Amended by 1955 c.458 §1; 1959 c.563 §2; 1965 c.619 §8; 1971 c.621 §1; 1975 c.607 §1; 1979 c.833 §3; 1981 s.s. c.3 §§68,69; 1983 c.581 §2; 1983 c.763 §20; 1985 c.496 §1; 1995 c.273 §8; 1995 c.658 §140; 1995 c.664 §69; 1997 c.801 §§25,25a; 2003 c.530 §4; 2003 c.737 §§8a,10a; 2005 c.702 §§9,10,11; 2007 c.129 §12; 2007 c.860 §2]

 

      Note: Section 15 (2), chapter 860, Oregon Laws 2007, provides:

      Sec. 15. (2)(a) In addition to the fees provided for in ORS 21.110 (1), for the period commencing September 1, 2007, and ending June 30, 2009, at the time of filing in the circuit court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party a surcharge of $5. In addition, at the time of filing any appearance in any such action, suit or proceeding upon the part of any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, the clerk shall collect from the party or parties a surcharge of $4.

      (b) In addition to the fees provided for in ORS 21.110 (2), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the circuit court shall collect a surcharge of $3 from the plaintiff, appellant or moving party, and shall collect a surcharge of $3 from any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, in the actions described in ORS 21.110 (2). [2007 c.860 §15(2)]

 

      21.111 Filing and appearance fees in certain domestic relations cases. (1) In the proceedings specified in subsection (2) of this section, the clerk of the circuit court shall collect the sum of $99 as a flat and uniform filing fee from the petitioner at the time the petition is filed, and shall collect the sum of $80 as a flat and uniform filing fee from the respondent upon the respondent making an appearance.

      (2) The filing fees established by subsection (1) of this section shall be collected by the clerk in the following proceedings:

      (a) Proceedings for dissolution of marriage, annulment of marriage or separation.

      (b) Filiation proceedings under ORS 109.124 to 109.230.

      (c) Proceedings to determine custody or support of a child under ORS 109.103.

      (3) In addition to all other fees collected, the clerk of the circuit court shall collect from the moving party a fee of $50 at the time of the filing of a motion after entry of a judgment of marital annulment, dissolution or separation. A fee of $40 shall be charged to the responding party at the time a response is filed to the motion. The fee provided for in this subsection does not apply to any pleading under ORCP 68, 69 or 71.

      (4) In addition to all other fees collected, the clerk of the circuit court shall collect from the petitioner a fee of $10 at the time of the filing of a petition for marital annulment, dissolution or separation. A fee of $10 shall be charged to the respondent upon the respondent making an appearance. Fees collected under this subsection shall be paid into the Domestic Violence Clinical Legal Education Account established under ORS 352.655.

      (5) A pleading or other document shall be filed by the clerk only if the fee required under this section is paid or if a request for a fee waiver or deferral is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform fee shall cover all services to be performed by the court or clerk in any of the proceedings, except where additional fees are specially authorized by law.

      (6) Any petitioner or respondent that files a petition or appearance that is subject to the filing fees established under subsection (1) of this section must include in the caption of the pleading the following words: “Domestic relations case subject to fee under ORS 21.111.”

      (7) The fees described in this section shall not be charged to a district attorney or to the Division of Child Support of the Department of Justice for the filing of any case, motion, document, stipulated order, process or other document relating to the provision of support enforcement services as described in ORS 25.080. [1997 c.801 §26; 2003 c.737 §§12,14a,14c; 2005 c.702 §§13,14,15; 2007 c.129 §13; 2007 c.666 §1; 2007 c.860 §3]

 

      Note: Section 15 (3), chapter 860, Oregon Laws 2007, provides:

      Sec. 15. (3)(a) In addition to the fees provided for in ORS 21.111 (1), for the period commencing September 1, 2007, and ending June 30, 2009, in the proceedings specified in ORS 21.111 (2) the clerk of the circuit court shall collect a surcharge of $5 from the petitioner at the time the petition is filed, and shall collect a surcharge of $3 from the respondent upon the respondent making an appearance.

      (b) In addition to the fees provided for in ORS 21.111 (3), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the circuit court shall collect from the moving party a surcharge of $3 at the time of the filing of a motion for the modification of a decree of marital annulment, dissolution or separation, if the motion is filed more than one year after the entry of the decree in the register of the court. [2007 c.860 §15(3)]

 

      21.112 Additional fee for conciliation, mediation and other services and programs in certain domestic relations cases. (1) The clerk of the court shall collect at the time a proceeding described in subsection (4) of this section is filed a fee in an amount determined by the governing body of the county to be necessary in the particular type of case, in addition to any other funds used therefor, to pay the expenses of providing:

      (a) Mediation under ORS 107.755 to 107.795;

      (b) Conciliation services under ORS 107.510 to 107.610;

      (c) Expedited parenting time enforcement under ORS 107.434;

      (d) Education programs under ORS 3.425;

      (e) Investigations, evaluations, examinations and referrals for services under ORS 107.425; and

      (f) Any other program or service to which parties may be referred or that may be ordered by that court, including programs or services established to assist the court or a family in a domestic relations case if the presiding judge for the judicial district has approved the program or service.

      (2) Before approving the provision of any program or service under subsection (1)(d) to (f) of this section, the presiding judge shall evaluate:

      (a) The need for programs and services described in subsection (1)(a) to (c) of this section and the appropriate level of funding for those programs and services; and

      (b) The impact on funding for the programs and services described in subsection (1)(a) to (c) of this section that would result from providing a program or service under subsection (1)(d) to (f) of this section.

      (3) The fees provided for in this section are in addition to all other fees that are collected by the clerk at the time the proceeding is filed. Fees collected under this section shall be paid, in the manner determined by the State Court Administrator, to the appropriate officer of the county within the first 25 days of the month following the month in which collected. The fees shall be used by the county to pay the expenses specified in subsection (1) of this section.

      (4) The additional fee established by this section shall be collected by the clerk:

      (a) In the following proceedings:

      (A) Proceedings for dissolution of marriage, annulment of marriage or separation.

      (B) Filiation proceedings under ORS 109.124 to 109.230.

      (C) Proceedings to determine custody or support of a child under ORS 109.103.

      (D) Proceedings for modifications of orders issued under subparagraphs (A) to (C) of this paragraph.

      (E) Proceedings under ORS 107.434.

      (b) For responses in any of the proceedings listed in paragraph (a) of this subsection. [1963 c.434 §11; 1971 c.280 §20; 1975 c.607 §2; 1979 c.833 §4; 1981 c.835 §1; 1981 s.s. c.3 §70; 1983 c.671 §6; 1983 c.763 §38; 1985 c.412 §1; 1995 c.273 §9; 1997 c.475 §§5,5a; 1999 c.59 §11; 2001 c.394 §1; 2003 c.737 §107]

 

      21.114 Filing and appearance fees in adoption and change of name proceedings; trial or hearing fee. (1) In a court having jurisdiction, the clerk of the court shall charge and collect:

      (a) In an adoption proceeding, a first appearance fee of $39 from the party filing the petition for adoption, and a first appearance fee of $39 from an objecting party appearing separately or objecting parties appearing jointly.

      (b) In a change of name proceeding, a first appearance fee of $39 from the party filing the application for change of name, and a first appearance fee of $39 from an objecting party appearing separately or objecting parties appearing jointly.

      (2) A pleading or other document shall be filed by the clerk only if the fee required under this section is paid or if a request for a fee waiver or deferral is granted by the court.

      (3) In any adoption or change of name proceeding in a court having jurisdiction, the clerk of the court shall charge and collect in advance from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a trial or hearing fee of $39. [Formerly 21.320; 2003 c.737 §§16,17; 2005 c.702 §§17,18,19; 2007 c.129 §14; 2007 c.860 §4]

 

      Note: Section 15 (4) and (5), chapter 860, Oregon Laws 2007, provides:

      Sec. 15. (4) In addition to the fees provided for ORS 21.114 (1), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the court shall collect:

      (a) In an adoption proceeding, a surcharge of $2 from the party filing the petition for adoption and a surcharge of $1 from an objecting party appearing separately or objecting parties appearing jointly.

      (b) In a change of name proceeding, a surcharge of $2 from the party filing the application for change of name and a surcharge of $1 from an objecting party appearing separately or objecting parties appearing jointly.

      (5) In addition to the fee provided for in ORS 21.114 (3), for the period commencing September 1, 2007, and ending June 30, 2009, in any adoption or change of name proceeding in a court having jurisdiction, the clerk of the court shall collect from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a surcharge of $2. [2007 c.860 §15(4),(5)]

 

      21.115 [Formerly 21.210; 1965 c.619 §9; renumbered 21.375]

      21.120 [Amended by 1959 c.453 §1; 1963 c.519 §6; 1965 c.619 §10; 1967 c.111 §2; 1971 c.621 §2; 1981 c.571 §1; 1981 s.s. c.3 §71; repealed by 1981 s.s. c.3 §141]

(Motion Fees)

 

      21.125 Chief Justice authorized to impose fees on motions. (1) In any action, suit or proceeding subject to a fee under ORS 21.110, or in any civil appeal or petition subject to a fee under ORS 21.010, the Chief Justice of the Supreme Court may require that a $50 fee be paid at the time of filing a motion identified by the Chief Justice as being subject to a fee under this section. If the Chief Justice has identified a motion as being subject to a fee under this section, the responding party must file a fee of $35 upon the filing of a response to the motion. The Chief Justice by order shall identify motions that are subject to fees under this section.

      (2) The fees provided for in this section may not be collected from the state, a county, a city or a school district.

      (3) The fees provided for in this section may not be collected for motions for judgment by voluntary dismissal under ORCP 54 A(1), for motions for judgment by written stipulation under ORCP 67 F or for motions for entry of default judgment under ORCP 69 B(1).

      (4) The fees provided for in this section may not be collected for motions made to an arbitrator or mediator in an arbitration or mediation required or offered by a court, or to any motion relating to an arbitration or mediation required or offered by a court. [2007 c.860 §29]

 

      21.130 [Amended by 1959 c.678 §1; 1963 c.519 §7; 1965 c.619 §11; 1967 c.111 §3; 1971 c.61 §1; 1979 c.631 §1; repealed by 1981 s.s. c.3 §141]

 

      21.140 [Amended by 1961 c.563 §1; 1963 c.519 §8; 1965 c.619 §12; renumbered 21.350]

 

      21.150 [Amended by 1963 c.519 §9; repealed by 1965 c.619 §39]

 

      21.210 [Amended by 1955 c.458 §2; renumbered 21.115 and then 21.375]

 

      21.220 [Amended by 1963 c.519 §10; repealed by 1965 c.619 §39]

 

      21.230 [Amended by 1963 c.519 §11; repealed by 1965 c.619 §39]

 

      21.240 [Amended by 1959 c.563 §3; 1963 c.519 §12; repealed by 1965 c.619 §39]

 

      21.250 [Amended by 1963 c.519 §13; repealed by 1965 c.619 §39]

 

      21.260 [Amended by 1959 c.563 §4; 1963 c.519 §14; repealed by 1965 c.619 §39]

 

(Trial and Hearing Fees)

 

      21.270 Trial fees. (1) In any civil action, suit or proceeding in the circuit court, other than a protective proceeding under ORS chapter 125 or a probate, adoption or change of name proceeding, trial fees shall be collected as provided in this section.

      (2) The clerk of the circuit court shall collect from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a trial fee of $77 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.

      (3)(a) The clerk shall collect from the plaintiff or appellant, for a trial by a jury of more than six persons, a jury trial fee of $193 for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a trial by a jury of six persons, a jury trial fee of $110 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial by jury. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.

      (b) If the plaintiff or appellant waives a trial by jury, and the defendant or respondent desires a trial by jury, the clerk shall collect the jury trial fee from the defendant or respondent, and not from the plaintiff or appellant.

      (c) A case in which the jury trial fee for the first day of trial has not been paid shall be tried by the court without a jury, unless the court otherwise orders. If a case in which the jury trial fee for the first day of trial has not been paid is tried by a jury, the clerk shall tax against the losing party the total amount of the jury trial fee. The jury trial fee constitutes a monetary obligation payable to the court, and may be made part of the judgment in the case by the clerk without further notice to the debtor or further order of the court.

      (4) If a counterclaim, cross-claim or third party claim is tried on any day other than a day on which the claim of the plaintiff is tried, the clerk shall collect from the party asserting the counterclaim, cross-claim or third party claim the trial fee or jury trial fee, whichever is applicable, for that day, and shall not collect the applicable fee for that day from the plaintiff. If the party asserting a counterclaim, cross-claim or third party claim waives a trial by jury on the claim, and the party defending against the claim desires a trial by jury on the claim, the clerk shall collect the jury trial fee from the defending party and not from the asserting party.

      (5) The fees provided for in this section include any reporting of the trial proceedings, but not the preparation of transcripts of a report.

      (6) Except as otherwise provided in subsection (3)(c) of this section, the fees provided for in this section that are paid by a party shall be considered costs and disbursements and may be taxed and collected as other costs and disbursements by the prevailing party.

      (7) A court shall order that a trial fee paid under the provisions of this section be refunded to the party that paid the fee if all claims in the action or proceeding are decided without the commencement of a trial and the party that paid the fee files a motion and affidavit requesting refund of the fee not more than 15 days after entry of judgment disposing of the action or proceeding. [Amended by 1963 c.519 §15; 1965 c.619 §13; 1971 c.621 §4; 1975 c.607 §4; 1979 c.833 §5; 1981 s.s. c.3 §§72,73; 1983 c.763 §21; 1985 c.496 §2; 1995 c.664 §70; 1997 c.801 §51; 2003 c.737 §§19,21; 2005 c.702 §§21,22,23]

 

      Note: Section 15 (6), chapter 860, Oregon Laws 2007, provides:

      Sec. 15. (6)(a) In addition to the trial fee provided for in ORS 21.270 (2), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a surcharge on the trial fee of $4 for each full or partial day of the trial.

      (b) In addition to the jury trial fee provided for in ORS 21.270 (3), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk shall collect from the plaintiff or appellant, for a trial by a jury of more than six persons, a surcharge on the jury trial fee of $10 for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a trial by a jury of six persons, a surcharge on the jury trial fee of $6 for each full or partial day of the trial. [2007 c.860 §15(6)]

 

      21.275 Hearing fees. (1) In any civil action, suit or proceeding in the circuit court, other than a protective proceeding under ORS chapter 125 or a probate, adoption or change of name proceeding, hearing fees for reported hearings shall be collected as provided in this section. There is no hearing fee under this section for a hearing not reported.

      (2) As used in this section:

      (a) “Hearing” means an actual appearance of one or more parties before the court for an examination by the court without a jury, other than a trial or during a trial for which a trial fee is required, of issues of fact or law arising from a motion, application, petition or other document filed with the court by a moving party, but does not include a conference solely for the purpose of case settlement or case scheduling.

      (b) “Moving party” means a party who files with the court a motion, application, petition or other document referred to in paragraph (a) of this subsection.

      (c) “Nonmoving party” means a party other than a moving party.

      (3) The clerk of the circuit court shall collect the hearing fees. The fee for a reported hearing is $33 if the hearing period is not more than three hours or $77 if the hearing period is more than three hours. The fee does not include the preparation of transcripts of a report.

      (4) If a hearing in respect to the document filed by the moving party is required by statute or rule, the document shall indicate whether the moving party requests that the hearing be reported, and if reporting is requested, shall contain an estimate of the hearing period. If the moving party requests reporting, the moving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the document is filed. If the moving party does not request reporting and a nonmoving party files a request for reporting with the court, the request shall contain an estimate of the hearing period, and the nonmoving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed.

      (5) If a hearing in respect to the document filed by the moving party is not required by statute or rule, the document shall indicate whether the moving party requests a hearing. The document also shall indicate whether the moving party requests that the hearing be reported, and if reporting is requested, shall contain an estimate of the hearing period. If the moving party requests reporting, the moving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the document is filed. If the moving party does not request reporting and a nonmoving party files a request for reporting with the court, the request shall contain an estimate of the hearing period, and the nonmoving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed.

      (6) If a hearing in respect to the document filed by the moving party is not required by statute or rule or requested by the moving party and a nonmoving party files a request for hearing with the court, the request also shall indicate whether the nonmoving party requests that the hearing be reported, and if reporting is requested, shall contain an estimate of the hearing period. If the nonmoving party requests reporting the nonmoving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed. If the nonmoving party does not request reporting and the moving party files a request for reporting with the court, the request shall contain an estimate of the hearing period, and the moving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed.

      (7) If a hearing in respect to the document filed by the moving party is not required by statute or rule or requested by a party, but the court on its own motion orders a hearing and a party files a request that the hearing be reported with the court, the request shall contain an estimate of the hearing period, and the party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed. If the court on its own motion orders a hearing, no party requests reporting and the court on its own motion orders that the hearing be reported, the court order shall contain an estimate of the hearing period, and each party shall pay an equal proportionate share of the applicable hearing fee, based upon the estimate of the hearing period, before the hearing is held.

      (8) No document containing a request for reporting or other request for reporting referred to in subsections (4) to (7) of this section shall be deemed filed unless the fee required by those subsections of the filing party is paid by the party.

      (9) The fees provided for in this section that are paid by a party shall be considered costs and disbursements and may be taxed and collected as other costs and disbursements by the prevailing party. [1985 c.496 §4; 1995 c.664 §71; 1997 c.801 §52; 2003 c.737 §§23,24; 2005 c.702 §§25,26,27; 2007 c.129 §15]

 

      Note: Section 15 (7), chapter 860, Oregon Laws 2007, provides:

      Sec. 15. (7) In addition to the hearing fee provided for in ORS 21.275 (3), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the circuit court shall collect a surcharge on the hearing fee of $2 if the hearing period is not more than three hours or $4 if the hearing period is more than three hours. [2007 c.860 §15(7)]

 

      21.280 [1959 c.563 §1; 1963 c.519 §16; repealed by 1965 c.619 §39]

 

(Probate Fees)

 

      21.310 Probate filing fees and trial fee. (1) Except as provided in ORS 114.515, in a court having probate jurisdiction, the clerk of the court shall charge and collect the following fees for the filing of the initial documents in any probate proceeding, including petitions for the appointment of personal representatives, probate of wills and contest of wills, or in any conservatorship proceeding:

______________________________________________________________________________

 

      Where the amount of the estate is:

      1. Not more than $10,000–a fee of $23.

      2. More than $10,000 and not more than $25,000–a fee of $77.

      3. More than $25,000 and not more than $50,000–a fee of $154.

      4. More than $50,000 and not more than $100,000–a fee of $231.

      5. More than $100,000 and not more than $500,000–a fee of $308.

      6. More than $500,000 and not more than $1,000,000–a fee of $385.

      7. More than $1,000,000–a fee of $462.

______________________________________________________________________________

 

      (2) In determining fees under subsection (1) of this section in a probate proceeding, the amount of a settlement in a wrongful death action brought for the benefit of the decedent’s surviving spouse or dependents is not part of the estate.

      (3) In a court having probate jurisdiction, the clerk shall charge and collect a fee of $23 for the filing of the initial documents in any guardianship proceeding.

      (4) In a court having probate jurisdiction, the clerk shall charge and collect a fee of $8 at the time of filing a will without a petition for probate.

      (5) At the time of filing any answer, motion or objection in a probate proceeding or protective proceeding under ORS chapter 125, the party filing the answer, motion or objection shall pay a fee of $19 to the clerk.

      (6) A pleading or other document shall be filed by the clerk only if the fee required under this section is paid or if a request for a fee waiver or deferral is granted by the court.

      (7) In any probate proceeding or protective proceeding under ORS chapter 125 in a court having probate jurisdiction, the clerk shall charge and collect in advance from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a trial or hearing fee of $39. [Amended by 1955 c.458 §3; 1965 c.619 §14; 1971 c.621 §5; 1973 c.506 §1; 1975 c.607 §5; 1979 c.833 §6; 1981 s.s. c.3 §74; 1985 c.496 §5; 1995 c.664 §72; 1997 c.801 §28; 2003 c.737 §§26,27; 2005 c.702 §§29,30,31; 2007 c.129 §16]

 

      Note: Section 15 (8), chapter 860, Oregon Laws 2007, provides:

      Sec. 15. (8)(a) In addition to the fees provided for in ORS 21.310 (1), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the court shall collect the following surcharges for the filing of the initial papers in any probate proceeding, including petitions for the appointment of personal representatives, probate of wills and contest of wills, or in any conservatorship proceeding:

______________________________________________________________________________

 

      Where the amount of the estate is:

      1. Not more than $10,000--a surcharge of $1.

      2. More than $10,000 and not more than $25,000--a surcharge of $4.

      3. More than $25,000 and not more than $50,000--a surcharge of $8.

      4. More than $50,000 and not more than $100,000--a surcharge of $12.

      5. More than $100,000 and not more than $500,000--a surcharge of $15.

      6. More than $500,000 and not more than $1,000,000--a surcharge of $19.

      7. More than $1,000,000--a surcharge of $23.

______________________________________________________________________________

 

      (b) In addition to the fee provided for in ORS 21.310 (3), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk shall collect a surcharge of $1 for the filing of the initial papers in any guardianship proceeding.

      (c) In addition to the fee provided for in ORS 21.310 (5), for the period commencing September 1, 2007, and ending June 30, 2009, at the time of filing any answer, motion or objection in a probate proceeding or protective proceeding under ORS chapter 125, the party filing the answer, motion or objection shall pay a surcharge of $1 to the clerk.

      (d) In addition to the fee provided for in ORS 21.310 (7), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk shall collect from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a surcharge on the trial or hearing fee of $2. [2007 c.860 §15(8)]

 

      21.313 [1959 c.452 §2; 1967 c.111 §4; repealed by 1969 c.591 §305]

 

      21.315 [Formerly 21.360; repealed by 1965 c.619 §39]

 

      21.320 [Amended by 1963 c.519 §17; 1965 c.619 §15; 1967 c.534 §10; 1971 c.621 §6; 1975 c.607 §6; 1979 c.833 §7; 1981 s.s. c.3 §§75,76; 1985 c.496 §7; 1997 c.801 §29; renumbered 21.114 in 1997]

 

(Miscellaneous Circuit Court Fees)

 

      21.325 Miscellaneous circuit court fees. In the circuit court there shall be charged and collected in advance by the clerk of the court the following fees for the following purposes and services:

      (1) Making transcription of a judgment entered in the register, $7.

      (2) Filing and entering transcript of judgment, $7.

      (3) Filing copy of foreign judgment and affidavit filed as provided in ORS 24.115 and 24.125 or copy of child custody determination of another state filed as provided in ORS 109.787, $39.

      (4) Issuing writs of execution or writs of garnishment, $12 for each writ.

      (5) Preparing a certified copy of a satisfaction document under ORS 18.225 (5), $6.

      (6) Issuing an order under ORS 18.265 requiring a judgment debtor to appear when the order is issued by any court other than the court in which the original judgment was entered, $4.

      (7) Issuing notices of restitution as provided in ORS 105.151, $3 for each notice.

      (8) For any service the clerk may be required or authorized to perform and for which no fee is provided by law, such fees as the Chief Justice of the Supreme Court may establish or authorize, except that a fee may not be charged for location or inspection of court records. [Formerly 21.060; 1999 c.649 §43; 2001 c.596 §42; 2003 c.737 §§29,30a,30c; 2005 c.702 §§33,34,35; 2007 c.860 §10]

 

      Note: Section 15 (9), chapter 860, Oregon Laws 2007, provides:

      Sec. 15. (9) In addition to the fees provided for in ORS 21.325 (3), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the court shall collect a surcharge of $2 for the filing of a copy of foreign judgment and affidavit filed as provided in ORS 24.115 and 24.125 or the filing of a copy of child custody determination of another state filed as provided in ORS 109.787. [2007 c.860 §15(9)]

 

      21.330 [Amended by 1961 c.563 §2; 1963 c.519 §18; repealed by 1965 c.619 §39]

 

(Disposition of Fees)

 

      21.335 Disposition of circuit court fees. Except as otherwise specifically provided by law, all fees collected by the clerk of a circuit court shall be deposited in the General Fund available for general governmental expenses. [Formerly 21.070]

 

      21.340 [Amended by 1963 c.519 §19; repealed by 1965 c.619 §39]

 

LAW LIBRARY FEES

 

      21.350 Law library fees. (1) In counties containing more than 400,000 inhabitants, according to the latest federal decennial census, or when directed as provided in ORS 9.840, the clerk of the court shall collect in each civil suit, action or proceeding filed in the circuit or county court a law library fee determined by the county court or board of county commissioners in an amount not greater than 28 percent of the filing fee provided by law, except that the amount shall be rounded up to the next full dollar.

      (2) The fees provided for in this section shall be collected in the same manner as other fees are collected in the sui