2007 Oregon Code - Chapter 21 :: Chapter 21 - Fees Generally
Chapter 21 — Fees
Generally
2007 EDITION
FEES GENERALLY
PROCEDURE IN CIVIL PROCEEDINGS
APPELLATE COURT FEES
21.010Â Â Â Â Â Â Filing
and appearance fees on appeal
21.020Â Â Â Â Â Â Fees
for seal, copies of records and other services
21.040Â Â Â Â Â Â Filing
fees in cases of original jurisdiction
CIRCUIT COURT FEES
(Filing and Appearance Fees)
21.110Â Â Â Â Â Â Filing
and appearance fees in circuit court
21.111Â Â Â Â Â Â Filing
and appearance fees in certain domestic relations cases
21.112Â Â Â Â Â Â Additional
fee for conciliation, mediation and other services and programs in certain
domestic relations cases
21.114Â Â Â Â Â Â Filing
and appearance fees in adoption and change of name proceedings; trial or
hearing fee
(Motion Fees)
21.125Â Â Â Â Â Â Chief
Justice authorized to impose fees on motions
(Trial and Hearing Fees)
21.270Â Â Â Â Â Â Trial
fees
21.275Â Â Â Â Â Â Hearing
fees
(Probate Fees)
21.310Â Â Â Â Â Â Probate
filing fees and trial fee
(Miscellaneous Circuit Court Fees)
21.325Â Â Â Â Â Â Miscellaneous
circuit court fees
(Disposition of Fees)
21.335Â Â Â Â Â Â Disposition
of circuit court fees
LAW LIBRARY FEES
21.350Â Â Â Â Â Â Law
library fees
FORM FEES
21.361Â Â Â Â Â Â Fees
for forms provided by courts; exception
21.363Â Â Â Â Â Â Court
Forms Revolving Fund
SHERIFF AND PROCESS SERVER FEES
21.410Â Â Â Â Â Â Sheriff
and process server fees for services in civil actions, suits and proceedings
21.420Â Â Â Â Â Â Itemized
statement of charges
TRANSCRIPT FEES
21.470Â Â Â Â Â Â Transcript
fees; rules
LEGAL AID FEES
21.480Â Â Â Â Â Â Legal
aid and mediation program fees in circuit courts
REFEREE FEES
21.510Â Â Â Â Â Â Referee
fees
LIABILITY FOR AND PAYMENT OF FEES
21.580Â Â Â Â Â Â Exemption
of state, county and city from certain fees
21.615Â Â Â Â Â Â Payment
of certain fees in appeal to circuit court in any criminal action other than
for state crime
21.660Â Â Â Â Â Â Advance
payment of, or security for, fees for services in court proceedings
21.670Â Â Â Â Â Â Duty
of officer receiving fees to give receipted cost bill
WAIVER AND DEFERRAL OF FEES AND COURT COSTS
21.680Â Â Â Â Â Â Definitions
for ORS 21.680 to 21.698
21.682Â Â Â Â Â Â Authority
to waive or defer fees and court costs; delegation
21.685Â Â Â Â Â Â Application
for waiver or deferral of fees or court costs
21.690Â Â Â Â Â Â Waived
fees; recovery
21.692Â Â Â Â Â Â Judgment
for deferred fees and court costs
21.695Â Â Â Â Â Â Waiver
or deferral of costs of transcript on appeal
21.698Â Â Â Â Â Â Confidentiality
of information related to waiver or deferral
21.700Â Â Â Â Â Â Interest
on judgments for deferred fees and costs; satisfaction; compromise prohibited
MISCELLANEOUS PROVISIONS
21.730Â Â Â Â Â Â Per
diem and mileage for private persons performing services required by law or in
execution of process
PENALTIES
21.990Â Â Â Â Â Â 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 decedentÂ’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 suit,
action or proceeding, and is in addition to the other fees provided by law.
     (3) The fee provided in subsection (1) of
this section may be collected if the county owns and maintains, or hereafter
may acquire, own or maintain under the provisions of ORS 9.840 and 9.850, a law
library at the county seat, available at all reasonable times to the use of
litigants, and permitted to be used by all attorneys at law duly admitted to
practice in this state, without additional fees to such litigants or attorneys.
     (4) For the purpose of imposing the law
library fee provided for in this section in cases that are subject to the
filing fees established by ORS 105.130, the percentage figure provided for
under subsection (1) of this section shall be applied to the sum of the fee
established by ORS 105.130 (2) and the surcharge established under ORS 105.130
(6). If the defendant demands a trial in the action, the percentage figure
provided for under subsection (1) of this section shall be applied to the
additional filing fee required of the plaintiff under ORS 105.130 (3), and to the
sum of the filing fee required of the defendant under ORS 105.130 (3) and the
surcharge established under ORS 105.130 (6). [Formerly 21.140; 1973 c.381 §6;
1981 s.s. c.3 §77; 1997 c.801 §46; 2007 c.860 §13]
     21.360 [Amended by 1955 c.458 §4; renumbered
21.315]
FORM FEES
     21.361
Fees for forms provided by courts; exception. (1) The State Court Administrator may prescribe and charge a
reasonable price, covering the costs of labor and material, for any forms
provided by the courts of this state. The sums so collected shall be paid over
to the State Treasurer and credited to the Court Forms Revolving Fund.
     (2) Notwithstanding subsection (1) of this
section, no charge shall be made for forms made available under the provisions
of ORS 107.700 to 107.735 or 124.005 to 124.040. [1991 c.790 §21; 1995 c.666 §11]
     21.363
Court Forms Revolving Fund.
There is established in the General Fund of the State Treasury the Court Forms
Revolving Fund. Moneys in the revolving fund are continuously appropriated to
the Judicial Department for the purpose of paying the costs of labor and
materials incurred by the courts of this state in providing forms as provided
in ORS 21.361. [1991 c.790 §22; 2005 c.22 §13]
     21.370 [Amended by 1963 c.519 §20; repealed by 1965
c.619 §39]
     21.375 [Formerly 21.210 and then 21.115; 1971 c.621
§7; 1975 c.607 §8; 1979 c.833 §8; 1981 c.883 §30; 1981 c.898 §23; 1981 s.s. c.3
§83; 1985 c.496 §17; 1995 c.559 §56; 1997 c.872 §3; renumbered 5.125 in 1997]
     21.380 [Amended by 1963 c.519 §21; repealed by 1965
c.619 §39]
     21.385 [Formerly 46.223; repealed by 1999 c.59 §12]
SHERIFF AND PROCESS
SERVER FEES
     21.410
Sheriff and process server fees for services in civil actions, suits and
proceedings. (1) The sheriff
of a county shall collect the following fees in civil actions, suits and
proceedings for each case delivered to the office of the sheriff:
     (a) $28 for serving summons, subpoena,
citation, order, notice, including notice of seizure and sale of personal or
real property, notice of restitution and notice of seizure under writ of
attachment or execution, or similar documents, including small claims or writ
of execution, directed to not more than two parties at the same address. If
service is requested for more than two parties at the same address, the fee is
$15 for each party at the same address. The fee authorized by this paragraph
shall not be charged to the state in civil actions, suits and proceedings where
one party is a person who has been appointed counsel at state expense.
     (b) For seizure and sale of personal or
real property, enforcement of writ of execution of judgment of restitution, or
other enforcement or seizure under writ of attachment or execution, or other
process or proceeding, $47, and, in addition, such sums as may be reasonable
and necessary to secure each keeper or custodian of property in custody, the
expense of inventory of property in custody and expense incurred in newspaper
advertising required by law in the execution of process.
     (c) For making a conveyance of real property
sold on any process, $15, to be paid by, or for, the grantee.
     (d) For making a copy of any process,
order, notice or other instrument in writing, when necessary to complete the
service thereof, for each folio, $3; but no charge shall be made for copy of
complaint or other document not actually made by the sheriff.
     (e) For entering and processing distraint
warrants for state agencies, $6.25 each.
     (2) Persons other than a sheriff serving
process and other documents may charge any fee agreed to between the server and
the person requesting service.
     (3) Fees collected for service by the
sheriff shall be retained for the benefit of the county where the party to be
served cannot be found.
     (4) No mileage or commission shall be
collected by a sheriff for service of any document or process but in any
service involving travel in excess of 75 miles round trip an additional fee not
to exceed $25 may be billed and collected by a sheriff. Mileage shall be
measured from the location at which the service is made to the circuit court in
that county.
     (5) Amounts paid for service of process
and other documents may be recovered as costs and disbursements to the extent
provided by ORS 20.115.
     (6) A sheriff may not collect a fee under
this section for serving a foreign restraining order or an order that only
grants relief under ORS 107.095 (1)(c).
     (7) As used in this section:
     (a) “Folio” means 100 words, counting two
figures as one word. Any portion of a folio, when the whole paper contains less
than a folio, or when such portion is an excess over the last folio, shall be
deemed a folio.
     (b) “Foreign restraining order” means a
restraining order that is a foreign judgment as defined by ORS 24.105. [Amended
by 1959 c.620 §1; 1965 c.619 §16; 1969 c.252 §1; 1973 c.393 §1; 1975 c.607 §9;
1977 c.547 §1; 1979 c.833 §9; 1981 c.835 §2; 1981 c.883 §31; 1989 c.910 §1;
1989 c.1053 §1; 1991 c.594 §1; 1995 c.559 §53; 1995 c.583 §1; 1997 c.202 §2;
1997 c.249 §14; 1999 c.1052 §8; 2001 c.104 §4; 2001 c.962 §86; 2003 c.304 §§6,7;
2007 c.129 §17]
     21.420
Itemized statement of charges.
The return on any summons, process, subpoena or other paper served by a sheriff
shall be accompanied by a subjoined itemized statement of the charges made for
the service thereof, including the mileage actually and necessarily traveled in
making the service.
     21.460 [Amended by 1961 c.446 §1; 1975 c.607 §10;
1979 c.833 §10; 1981 s.s. c.3 §§84,85; repealed by 1985 c.496 §32]
TRANSCRIPT
FEES
     21.470
Transcript fees; rules. (1)
A reporter appointed under ORS 8.340 (2) may not charge more than $2.50 per
page for the original transcript, or more than 25 cents per page for each
additional copy, for preparing transcripts on appeal as provided in ORS 8.350.
     (2) Except as provided in subsection (3)
of this section, a reporter employed by one of the parties may charge fees as
agreed to between the reporter and all of the parties to the proceeding for
preparing transcripts on appeal as provided in ORS 8.350. The reporter and the
parties shall agree to the fees to be charged prior to the commencement of the
proceeding to be recorded. Any fees agreed upon shall be charged to parties
joining the proceeding after the commencement of the proceeding for preparing
transcripts on appeal as provided in ORS 8.350.
     (3) A reporter employed by one of the
parties may not charge a public body, as defined by ORS 174.109, fees for
preparing transcripts on appeal as provided in ORS 8.350 that exceed the fees
established by subsection (1) of this section.
     (4) Each page of the original transcript
on appeal prepared by a reporter under this section must be prepared as
specified by rules for transcripts on appeal adopted by the Supreme Court.
     (5) Except as otherwise provided by law,
the fees for preparing a transcript requested by a party shall be paid
forthwith by the party, and when paid shall be taxable as disbursements in the
case. The fees for preparing a transcript requested by the court, and not by a
party, shall be paid by the state from funds available for the purpose.
     (6) When the court provides personnel to
prepare transcripts from audio records of court proceedings, the transcript
fees provided in subsection (1) of this section to be paid by a party shall be
paid to the clerk of the court. [Amended by 1959 c.446 §1; 1971 c.565 §15; 1973
c.195 §1; 1979 c.833 §11; 1981 s.s. c.3 §86; 1987 c.796 §1; 2005 c.164 §1]
LEGAL AID
FEES
     21.480
Legal aid and mediation program fees in circuit courts. (1) In all counties wherein legal
representation is provided for the poor without fee by a nonprofit legal aid
program operating under the Legal Services Program established pursuant to ORS
9.572, the clerk of the circuit court shall collect the fees provided for in
subsection (2) of this section to assist in defraying the operating costs of
the legal aid program and to fund mediation programs offered through the State
Department of Agriculture. The fees provided for in subsection (2) of this
section are in addition to all other fees collected by the clerk of the court
and shall be collected by the clerk in the same manner that other fees are
collected by the clerk.
     (2) The clerk shall collect the following
fees from the plaintiff or other moving party in each civil suit, action or
proceeding in the circuit court when the plaintiff or party files the first
document in the suit, action or proceeding, and from a defendant or respondent
when the defendant or respondent files an appearance in the suit, action or
proceeding:
     (a) $9.50, for filings in the small claims
department of a circuit court.
     (b) $18, upon the filing of a complaint
that is subject to the filing fee established under ORS 105.130 (2). If the
defendant demands a trial, the clerk shall collect a fee of $38 from the
defendant, and an additional fee of $21 from the plaintiff. In no event shall
the plaintiff in an action subject to the filing fee established under ORS
105.130 be required to pay a total fee of more than $39 under the provisions of
this subsection.
     (c) $33, if the action, suit or proceeding
is subject to the filing fees established by ORS 21.111.
     (d) $30, if the action, suit or proceeding
is subject to the filing fees established by ORS 21.110 (2).
     (e) $38, for any other filings in a
circuit court not specifically provided for in this subsection, including all
probate proceedings, protective proceedings under ORS chapter 125, adoption
proceedings and change of name proceedings.
     (3) In addition to the fees provided for
in ORS 21.010, the State Court Administrator shall collect a fee of $55 from an
appellant or petitioner whenever a filing fee is collected under ORS 21.010 and
a fee of $15 from each respondent whenever an appearance fee is collected under
ORS 21.010.
     (4) All fees collected by the clerk under
this section shall be deposited with the State Court Administrator. All fees
collected under this section shall be distributed in the manner provided by ORS
9.574.
     (5) Ten percent of the funds deposited
with the State Court Administrator under this section shall be transferred by
the State Court Administrator on a monthly basis to the State Department of
Agriculture, until such time as the amount specified under subsection (6) of
this section has been transferred to the State Department of Agriculture for
the biennium. Moneys transferred to the State Department of Agriculture under
this section are continuously appropriated to the department and may be used by
the department only for the purpose of funding mediation programs established
by the department. Moneys appropriated to the department under this subsection
may not be used by the department to fund the costs of conducting individual
farm credit mediations. The department shall consult with the director of the
Mark O. Hatfield School of Government in establishing and operating mediation
programs funded under this subsection.
     (6) The amount transferred by the State
Court Administrator to the State Department of Agriculture under subsection (5)
of this section may not exceed $150,000 in any biennium. [1977 c.112 §1; 1981
c.664 §1; 1983 c.114 §1; 1985 c.342 §5; 1989 c.385 §1; 1997 c.801 §§45,45a;
2003 c.737 §§92,94,96; 2003 c.791 §§8,8a; 2005 c.817 §2; 2007 c.129 §18]
     Note: The amendments to 21.480 by section 24,
chapter 860, Oregon Laws 2007, apply only to filings made in circuit courts on
or after July 1, 2009. See section 25, chapter 860, Oregon Laws 2007. The text
that applies on and after July 1, 2009, is set forth for the userÂ’s
convenience.
     21.480. (1) In all counties wherein legal
representation is provided for the poor without fee by a nonprofit legal aid
program operating under the Legal Services Program established pursuant to ORS
9.572, the clerk of the circuit court shall collect the fees provided for in
subsection (2) of this section to assist in defraying the operating costs of
the legal aid program and to fund mediation programs offered through the State
Department of Agriculture. The fees provided for in subsection (2) of this
section are in addition to all other fees collected by the clerk of the court
and shall be collected by the clerk in the same manner that other fees are
collected by the clerk.
     (2) The clerk shall collect the following
fees from the plaintiff or other moving party in each civil suit, action or
proceeding in the circuit court when the plaintiff or party files the first
document in the suit, action or proceeding, and from a defendant or respondent
when the defendant or respondent files an appearance in the suit, action or
proceeding:
     (a) $10.50, for filings in the small
claims department of a circuit court.
     (b) $20, upon the filing of a complaint
that is subject to the filing fee established under ORS 105.130 (2). If the
defendant demands a trial, the clerk shall collect a fee of $41 from the
defendant, and an additional fee of $23 from the plaintiff. In no event shall
the plaintiff in an action subject to the filing fee established under ORS
105.130 be required to pay a total fee of more than $43 under the provisions of
this subsection.
     (c) $35, if the action, suit or proceeding
is subject to the filing fees established by ORS 21.111.
     (d) $32, if the action, suit or proceeding
is subject to the filing fees established by ORS 21.110 (2).
     (e) $41, for any other filings in a
circuit court not specifically provided for in this subsection, including all
probate proceedings, protective proceedings under ORS chapter 125, adoption
proceedings and change of name proceedings.
     (3) In addition to the fees provided for
in ORS 21.010, the State Court Administrator shall collect a fee of $58 from an
appellant or petitioner whenever a filing fee is collected under ORS 21.010 and
a fee of $18 from each respondent whenever an appearance fee is collected under
ORS 21.010.
     (4) All fees collected by the clerk under
this section shall be deposited with the State Court Administrator. All fees
collected under this section shall be distributed in the manner provided by ORS
9.574.
     (5) Ten percent of the funds deposited
with the State Court Administrator under this section shall be transferred by
the State Court Administrator on a monthly basis to the State Department of
Agriculture, until such time as the amount specified under subsection (6) of
this section has been transferred to the State Department of Agriculture for
the biennium. Moneys transferred to the State Department of Agriculture under
this section are continuously appropriated to the department and may be used by
the department only for the purpose of funding mediation programs established
by the department. Moneys appropriated to the department under this subsection
may not be used by the department to fund the costs of conducting individual
farm credit mediations. The department shall consult with the director of the
Mark O. Hatfield School of Government in establishing and operating mediation
programs funded under this subsection.
     (6) The amount transferred by the State
Court Administrator to the State Department of Agriculture under subsection (5)
of this section may not exceed $150,000 in any biennium.
     21.485 [1977 c.112 §2; 1981 c.664 §2; 1983 c.114 §2;
1985 c.342 §6; 1989 c.385 §2; repealed by 1995 c.658 §127]
     21.490 [1977 c.112 §3; 1983 c.763 §39; repealed by
1997 c.801 §77]
REFEREE FEES
     21.510
Referee fees. The fees of
referees shall be fixed by the court, but the parties may agree in writing upon
any other rate of compensation and thereupon such rate shall be allowed.
     21.520 [1979 c.429 §1; renumbered 205.245]
     21.530 [1979 c.429 §2; renumbered 205.255]
     21.560 [Repealed by 1983 c.763 §24]
     21.570 [Amended by 1965 c.619 §17; 1967 c.398 §6;
repealed by 1983 c.763 §24]
LIABILITY FOR
AND PAYMENT OF FEES
     21.580
Exemption of state, county and city from certain fees. None of the fees prescribed in ORS 21.325
for services in the circuit court shall be collected from the state or from the
county in which the court is located or from a city in the county in which the
court is located. [Amended by 1965 c.619 §18; 1981 s.s. c.3 §87; 1983 c.763 §22;
1985 c.496 §26; 1991 c.790 §3]
     21.590 [Repealed by 1981 s.s. c.3 §141]
     21.600 [Amended by 1965 c.619 §19; 1967 c.398 §7;
repealed by 1985 c.496 §32]
     21.605 [1969 c.288 §1; 1973 c.67 §1; 1977 c.416 §2;
1981 s.s. c.3 §88; 1983 c.673 §24; 1985 c.342 §24; 1985 c.496 §24; 1995 c.273 §11;
1995 c.658 §25; 1999 c.367 §4; 1999 c.657 §7a; 2003 c.518 §5; 2003 c.576 §178;
2003 c.737 §85; 2007 c.129 §19; repealed by 2007 c.493 §§18,18a]
     21.607 [1995 c.273 §12; 1997 c.801 §129; 1999 c.367
§17; 2003 c.576 §179; 2007 c.493 §9; renumbered 21.700 in 2007]
     21.610 [Amended by 1963 c.519 §22; repealed by 1965
c.619 §39]
     21.615
Payment of certain fees in appeal to circuit court in any criminal action other
than for state crime. (1) In
an appeal to a circuit court from a justice court or municipal court in an
action for commission of a state violation or an action for violation of a city
charter or ordinance, but not in an action for commission of a state crime:
     (a) The filing, trial and law library fees
required by ORS 21.110, 21.270 and 21.350 are required of the appellant and
respondent.
     (b) The legal aid fee required by ORS
21.480 is required of the appellant.
     (2) Payment of fees required by subsection
(1) of this section is subject to ORS 20.140.
     (3) Fees required by subsection (1) of
this section may be waived or deferred by a judge of the circuit court for the
reason and in the manner provided in ORS 21.680 to 21.698. [1985 c.342 §27;
1999 c.1051 §120; 2007 c.493 §10]
     21.620 [Amended by 1963 c.519 §23; 1965 c.619 §20;
repealed by 1981 s.s. c.3 §141]
     21.630 [Repealed by 1955 c.458 §5]
     21.640 [Repealed by 1955 c.458 §5]
     21.650 [Repealed by 1955 c.458 §5]
     21.660
Advance payment of, or security for, fees for services in court proceedings. Except as provided in ORS 20.140, and except
the fees for which advance payment or a deposit is otherwise required by law,
every officer, witness, or other person required to do or perform any act or
service for any party to any action, suit or proceeding in a court of justice
in this state shall be entitled to demand and receive from such party the
compensation which the law allows therefor in advance; but a party may at the
option of the party pay the fees of the officers of the court in advance, or
give such officers an undertaking with sufficient sureties therefor. The fees
secured to the officers, or any of them, by any party to the judgment, may be
collected by an execution against the property of such party and that of the
sureties of the party in the undertaking therefor. Such officersÂ’ execution may
issue in the name of the clerk as plaintiff in the writ, and for the benefit of
all officers to whom fees are so due and secured, whenever an execution might
issue to enforce the judgment at the instance of the prevailing party. [Amended
by 2003 c.576 §288]
     21.670
Duty of officer receiving fees to give receipted cost bill. An officer receiving fees for any official
services must, upon demand, give the party paying the same a receipted bill
thereof, specifying the items of such fees.
WAIVER AND
DEFERRAL OF FEES AND COURT COSTS
     21.680
Definitions for ORS 21.680 to 21.698. As used in ORS 21.680 to 21.698:
     (1) “Applicant” means a person who applies
for waiver or deferral of fees or court costs under ORS 21.680 to 21.698.
     (2) “Court administrator” means:
     (a) The State Court Administrator for the
Supreme Court, the Court of Appeals and the
     (b) A trial court administrator in a
circuit court that has a trial court administrator; and
     (c) The clerk of the court in all other
courts.
     (3) “Judge” means the Chief Justice of the
Supreme Court, the Chief Judge of the Court of Appeals, a judge of a circuit or
county court, the judge of the Oregon Tax Court, a tax court magistrate or a
justice of the peace.
     (4) “Obligor” means a person who has had
payment of all or part of fees or court costs deferred under ORS 21.680 to
21.698. [2007 c.493 §1]
     21.682
Authority to waive or defer fees and court costs; delegation. (1) A judge may waive or defer all or part
of the fees and court costs payable to the court by a party in a civil action
or proceeding if the judge finds that the party is unable to pay all or any
part of the fees and costs. Waiver or deferral under this section of the fees
or court costs of an inmate, as defined in ORS 30.642, is subject to ORS 30.642
to 30.650.
     (2) A presiding judge may delegate
authority to waive or defer fees and court costs under this section to the
court administrator for the court in which the judge serves. A delegation of
authority under this subsection must be in writing and must be subject to clear
standards. If a delegation is made under this subsection, an applicant may seek
review of the court administratorÂ’s decision by a judge. If an applicant
requests review of a court administratorÂ’s decision, the court administrator
shall forward the application for waiver or deferral of the fees or court costs
to the appropriate judge.
     (3) A court may not delay or refuse to
enter an order or judgment in an action or proceeding because deferred fees and
court costs have not been paid.
     (4) The Chief Justice of the Supreme Court
by order may provide standards and practices for waiver or deferral of fees or
court costs under ORS 21.680 to 21.698. [2007 c.493 §2]
     21.685
Application for waiver or deferral of fees or court costs. Upon request of a party, a court
administrator shall provide a party with an application for waiver or deferral
of fees or court costs. The form of the application must be consistent with the
standards prescribed by the Chief Justice of the Supreme Court under ORS 21.682
(4). The application must contain a notice that the court may enter judgment
against the applicant for any deferred fees or court costs. A fee may not be
charged for providing the application or for the filing of an application. [2007
c.493 §3]
     21.690
Waived fees; recovery. (1)
If the fees and court costs of a person have been waived under ORS 21.680 to
21.698 and the person prevails in the action or proceeding for which fees and
court costs were waived, the court may include in the judgment a money award,
payable by any party who is liable to the person receiving the waiver for costs
and disbursements in the action or proceeding, in an amount equal to the waived
fees and court costs. The money award shall be in favor of the state in courts
other than justice courts and county courts. In justice courts and county
courts, the money award shall be in favor of the county in which the justice
court or county court is located. The judgment debtor must pay the money award
amount to the court administrator.
     (2) The state is liable for the payment of
fees and court costs waived by a court only if a money award as described in
subsection (1) of this section is entered against the state. [2007 c.493 §4]
     21.692
Judgment for deferred fees and court costs. (1) In courts other than justice courts and county courts, fees and
court costs deferred under ORS 21.680 to 21.698 constitute a monetary
obligation of the obligor that is payable to the state. In justice courts and
county courts, fees and court costs deferred under ORS 21.680 to 21.698
constitute a monetary obligation of the obligor that is payable to the county
in which the justice court or county court is located. The court may render a
judgment in favor of the state or county for any unpaid part of the obligation.
A limited or supplemental judgment may be rendered for the obligation, or the
obligation may be included in the general judgment in an action or proceeding.
If the court renders a limited judgment for the obligation, the money award may
be only for unpaid fees and court costs and may not include any other financial
obligation. A court administrator may sign a judgment for deferred fees and
costs on behalf of the court.
     (2) A court may render a limited or
supplemental judgment for unpaid deferred fees or costs, or include a money
award for the obligation in a general judgment, without further notice to the
obligor or further order of the court.
     (3) An obligor subject to a judgment for
unpaid fees and court costs may move for relief from the judgment based on a
showing that the obligorÂ’s financial circumstances have changed since the time
of the entry of the judgment such that the obligor is no longer able to pay the
judgment amount. A motion for relief under this subsection must be made in the
manner provided by ORCP 71 and must be made within one year after the judgment
containing the money award is entered. [2007 c.493 §5]
     21.695
Waiver or deferral of costs of transcript on appeal. (1) In a civil action or proceeding, the
Supreme Court or the Court of Appeals may waive in whole or in part, defer in
whole or in part, or partially waive and partially defer, the expense of
preparing a transcript on appeal if:
     (a) The party requesting the transcript is
unable to pay the expense of preparing the transcript; and
     (b) The party requesting the transcript
makes a prima facie showing that the transcript is necessary to prosecute the
appeal and would reveal reversible error in the action or proceeding.
     (2) If the Supreme Court or the Court of
Appeals waives or defers any part of the expense of preparing a transcript on
appeal, the court shall authorize preparation of only as much of the transcript
as is necessary to prosecute the appeal. The State Court Administrator shall
pay the unpaid costs of preparing the transcript out of funds appropriated for
that purpose.
     (3) If the Supreme Court or the Court of
Appeals defers payment of any part of the expense of preparing a transcript on
appeal and any part of the deferred expense remains unpaid at the conclusion of
the appeal, a judgment may be entered for the unpaid amount in the manner
provided by ORS 21.692.
     (4) If the State Court Administrator pays
any costs of preparing a transcript on appeal under subsection (2) of this
section and costs on appeal are awarded to the obligor, a money award to the
State Court Administrator shall be included in the judgment for all waived or
deferred transcript costs paid by the State Court Administrator.
     (5) Waiver or deferral under this section
of the transcript costs of an inmate, as defined in ORS 30.642, is subject to
ORS 30.642 to 30.650. [2007 c.493 §6]
     21.698
Confidentiality of information related to waiver or deferral. (1) Except as provided in subsection (2) of
this section, information supplied by a person filing an application for waiver
or deferral of fees or court costs, and information collected by the courts for
purposes of determining eligibility for waiver or deferral of fees or costs, is
confidential and may not be used for any purpose other than determining
eligibility for waiver or deferral.
     (2) Information described in subsection
(1) of this section may be:
     (a) Introduced in an action or proceeding
arising out of a determination that a person is not eligible for waiver or
deferral of fees or court costs;
     (b) Introduced in a proceeding arising as
a result of an allegation that a person has supplied false information in
seeking waiver or deferral of fees or court costs;
     (c) Used by a court, the Department of
Revenue and the assignees of a court or the Department of Revenue for the
purpose of collecting delinquent amounts owed to this state by the person
providing the information; and
     (d) Released pursuant to a subpoena issued
as a result of an allegation that a person has supplied false information in
seeking waiver or deferral of fees or court costs. [2007 c.493 §7]
     21.700
Interest on judgments for deferred fees and costs; satisfaction; compromise
prohibited. (1)
Notwithstanding ORS 82.010, judgments resulting from the deferral of fees and
court costs under the provisions of ORS 21.680 to 21.698 bear no interest.
     (2) If a judge of a circuit or county
court defers payment of any fees or court costs under the provisions of ORS
21.680 to 21.698, and the amount of those deferred fees or court costs is
subsequently paid in full, the trial court administrator for the court shall
note in the register or docket that the deferred fees and costs have been paid
in full. Notation in the register or docket that deferred fees and costs have
been paid in full constitutes a satisfaction of the judgment for those fees and
costs.
     (3) If the Chief Justice of the Supreme
Court, the Chief Judge of the Court of Appeals or the judge of the Oregon Tax
Court defers payment of any fees or court costs under the provisions of ORS
21.680 to 21.698, including deferral of the cost of preparing the transcript on
appeal, and the amount of those deferred fees or court costs is subsequently
paid in full, the State Court Administrator shall note upon the register of the
court that the deferred fees and costs have been paid in full. Notation in the
register that deferred fees and costs have been paid in full constitutes a
satisfaction of the judgment for those fees and costs.
     (4) Upon notation in the register or
docket that deferred fees and costs have been paid in full, a certified copy of
the notation may be filed with any circuit court or County Clerk Lien Record in
which the judgment was filed under the provisions of ORS 21.680 to 21.698. Upon
filing of the certified copy, the trial court administrator for the court, or
the county clerk if the judgment was filed in the County Clerk Lien Record,
shall cause the certified copy to be entered in the register or docket of the
court or recorded in the County Clerk Lien Record.
     (5) Judgments resulting from the deferral
of fees and court costs under the provisions of ORS 21.680 to 21.698 may not be
compromised, settled or adjusted by a trial court administrator or the State
Court Administrator. [Formerly 21.607]
     21.710 [Repealed by 1997 c.249 §15]
     21.720 [Repealed by 1981 s.s. c.3 §141]
MISCELLANEOUS
PROVISIONS
     21.730
Per diem and mileage for private persons performing services required by law or
in execution of process. All
private persons performing services required by law or in the execution of
legal process, when no express provision is made for their compensation shall
be entitled to $3 for each day so employed, and mileage for any necessary
travel, going and returning, at the rate of eight cents a mile, and no more.
PENALTIES
     21.990
Penalties. Any officer
refusing or neglecting to comply with ORS 21.670 shall be liable to the party
demanding the receipt for a penalty of $25.
_______________
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