2007 Oregon Code - Chapter 5 :: Chapter 5 - County Courts - Judicial Functions -
Chapter 5 — County
Courts (Judicial Functions)
2007 EDITION
COUNTY COURTS (JUDICIAL FUNCTIONS)
COURTS OF RECORD; COURT OFFICERS; JURIES
5.010Â Â Â Â Â Â Â Â Who
holds court
5.020Â Â Â Â Â Â Â Â Juvenile
court jurisdiction in certain counties
5.030Â Â Â Â Â Â Â Â Power
of county judge to grant injunctions and orders in suits in circuit court
5.060Â Â Â Â Â Â Â Â Times
of holding court
5.080Â Â Â Â Â Â Â Â County
judge as interested party
5.090Â Â Â Â Â Â Â Â Absence
of county judge, or vacancy; authority of circuit judge; pro tem county judge
5.100Â Â Â Â Â Â Â Â Order
of docketing and disposal of business; records of proceedings
5.105Â Â Â Â Â Â Â Â Records
of county court
5.110Â Â Â Â Â Â Â Â Jury
5.120Â Â Â Â Â Â Â Â Appeals
5.125Â Â Â Â Â Â Â Â County
court fees
     5.010
Who holds court. The county
court is held by the county judge, except when county business is being
transacted therein.
     5.020
Juvenile court jurisdiction in certain counties. The county court of counties from which no
transfer of jurisdiction is made under ORS 3.260 or 3.265 or other provisions
of law shall have all juvenile court jurisdiction, authority, powers, functions
and duties. [Amended by 1959 c.432 §61; 1963 c.512 §3; 1965 c.247 §2; 1965
c.618 §10; 1967 c.268 §2; 1967 c.533 §12; 1967 c.534 §3b]
     5.030
Power of county judge to grant injunctions and orders in suits in circuit
court. The judge of any
county court having judicial functions shall grant preliminary injunctions or
orders in any suit in the circuit court commenced in the county, upon
application made in the manner prescribed by ORCP 79. The order or injunction
shall be made returnable to the circuit court of such county, to be there heard
and determined. [Amended by 1981 c.898 §15]
     5.040 [Amended by 1961 c.344 §95; repealed by 1969
c.591 §305]
     5.050 [Repealed by 1969 c.591 §305]
     5.060
Times of holding court.
There shall be a term of the county court in each county for the transaction of
judicial business on the first Monday of each month, and at such other times as
the court in term or the judge in vacation may appoint, in like manner and with
like effect as the circuit court or judge is authorized by ORS 3.238. The court
shall be open at 10 a.m.
     5.070 [Repealed by 1969 c.591 §305]
     5.080
County judge as interested party. Except as otherwise provided in ORS 111.115, any judicial proceedings
commenced in the county court in which the county judge is a party or directly
interested, may be certified to the circuit court for the county in which the
proceedings are pending, and the matter shall be proceeded with in the circuit
court as upon appeal from the county court to the circuit court. [Amended by
1969 c.591 §265]
     5.090
Absence of county judge, or vacancy; authority of circuit judge; pro tem county
judge. (1) When the county
judge is incapacitated, or absent from the county, or whenever there is a
vacancy in the office of county judge, any circuit judge for or assigned to the
county may perform the judicial functions of the county judge, hear
proceedings, and enter any judgment or order necessary to carry into effect the
judicial jurisdiction of the county court in all matters with the same force
and effect as if done by the county judge when present in the county.
     (2) A county judge that exercises judicial
functions may exercise judicial powers and functions in another county court as
a pro tem county judge:
     (a) In the event of a vacancy in the
office of county judge in another county, until the vacancy is filled as
provided by law; or
     (b) In the event of the absence,
incapacity or disqualification of a county judge in another county, during the
period of the absence, incapacity or disqualification. [Amended by 1997 c.650 §1;
2003 c.576 §272]
     5.100
Order of docketing and disposal of business; records of proceedings. (1) The business of the county court at each
term shall be docketed and disposed of in the following order:
     (a) Judicial business.
     (b) County business.
     (2) The proceedings and records of the
court pertaining to the respective classifications of business specified in
this section shall be kept in separate books. [Amended by 1969 c.591 §266]
     5.105
Records of county court. The
records of the county courts include a register and a judgment docket. [2003
c.576 §174a]
     5.110
Jury. A county court trial
jury shall consist of six persons drawn by lot from the jurors in attendance
upon the court at a particular term and sworn to try and determine a question
of fact.
     5.120
Appeals. (1) A party to a
judicial proceeding in a county court may appeal from a judgment or other final
determinative order given therein. The appeal shall be taken at the time and in
the manner prescribed by law for the taking of an appeal from a judgment or
other appealable order of the justice court. The appeal shall lie to the
circuit court for the county in which the county court is located and be
prosecuted, heard and determined in the manner prescribed by law for the
prosecution, hearing and determination of appeals from the justice court.
     (2) An appeal shall lie to the Court of
Appeals from the whole or a specified part of the judgment or other final
determinative order of the circuit court given upon such appeal to it, in like manner
and with like effect as though it were from a judgment or other appealable
determinative order of such circuit court given in a suit in equity therein. [Amended
by 1959 c.558 §50; 1977 c.290 §1; 2003 c.576 §273]
     5.125
County court fees. In the
county court there shall be charged and collected in advance by the county
clerk as clerk of the court, for the benefit of the county, the following fees,
and no more, for the following purposes and services:
     (1) Making transcription from the judgment
docket, $4.
     (2) Filing and entering transcript of
judgment, $4.
     (3) Filing and docketing copy of foreign
judgment and affidavit filed as provided in ORS 24.115 and 24.125, $25.
     (4) Issuing writs of execution or writs of
garnishment, $3 for each writ.
     (5) Preparing clerk’s certificate of
satisfaction of judgment, $3.75.
     (6) For any service not enumerated in this
section, the fees provided or established under ORS 205.320. [Formerly 21.375;
2003 c.576 §166]
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CHAPTER 6
[Reserved for expansion]
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