2007 Oregon Code - Chapter 14 :: Chapter 14 - Jurisdiction - Venue - Change of Judge
Chapter 14 — Jurisdiction;
Venue; Change of Judge
2007 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
MOOTNESS
14.175Â Â Â Â Â Â Acts,
policies or practices of public body capable of repetition and likely to evade
judicial review
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     14.010 [Amended by 1975 c.628 §1; repealed by 1979 c.284 §199]
     14.020 [Repealed by 1979 c.284 §199]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repealed by 1979 c.246 §7]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]
MOOTNESS
     14.175
Acts, policies or practices of public body capable of repetition and likely to
evade judicial review. In
any action in which a party alleges that an act, policy or practice of a public
body, as defined in ORS 174.109, or of any officer, employee or agent of a
public body, as defined in ORS 174.109, is unconstitutional or is otherwise
contrary to law, the party may continue to prosecute the action and the court
may issue a judgment on the validity of the challenged act, policy or practice
even though the specific act, policy or practice giving rise to the action no
longer has a practical effect on the party if the court determines that:
     (1) The party had standing to commence the
action;
     (2) The act challenged by the party is
capable of repetition, or the policy or practice challenged by the party
continues in effect; and
     (3) The challenged policy or practice, or
similar acts, are likely to evade judicial review in the future. [2007 c.770 §1]
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]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.