2007 Oregon Code - Chapter 22 :: Chapter 22 - Bonds and Other Security Deposits
Chapter 22 — Bonds
and Other Security Deposits
2007 EDITION
BONDS AND OTHER SECURITY DEPOSITS
PROCEDURE IN CIVIL PROCEEDINGS
22.010Â Â Â Â Â Â State,
county or city not required to furnish any bond in any action
22.020Â Â Â Â Â Â Deposit
of money, letter of credit, checks or federal or municipal obligations, in lieu
of security or bond
22.030Â Â Â Â Â Â Officers
with whom deposit is made; duplicate receipts
22.040Â Â Â Â Â Â Filing
duplicate receipt
22.050Â Â Â Â Â Â Discharge
or forfeiture of bond or security; garnishment
22.060Â Â Â Â Â Â Deposit
to be in special fund or depository; interest
22.070Â Â Â Â Â Â Redemption
of money or securities; exchange of securities
22.090Â Â Â Â Â Â Qualifications
and justification of surety
     22.010
State, county or city not required to furnish any bond in any action. The state, or any county or incorporated
city, shall not be required to furnish any bond or undertaking upon appeal or
otherwise in any action or proceeding in any court in this state in which it is
a party or interested.
     22.020
Deposit of money, letter of credit, checks or federal or municipal obligations,
in lieu of security or bond.
(1) In any cause, action, proceeding or matter before any court, board or
commission in this state or upon appeal from any action of any such court,
board or commission, where bond or security deposit of any character is
required or permitted for any purpose, it is lawful for the party required or
permitted to furnish such security or bond to deposit, in lieu thereof, in the
manner provided in ORS 22.020 to 22.070, money, an irrevocable letter of credit
issued by an insured institution, as defined in ORS 706.008, a certified check
or checks on any state or national bank within this country payable to the
officer with whom such check is filed, satisfactory municipal bonds negotiable
by delivery, or obligations of the United States Government negotiable by
delivery, equal in amount to the amount of the bond or security deposit so
required or permitted.
     (2) Notwithstanding subsection (1) of this
section, an irrevocable letter of credit may not be furnished to a court in
lieu of other security or bond to be deposited in any criminal offense, action,
proceeding or matter before any court, in a protective proceeding under ORS
chapter 125, or in any cause, action, proceeding or matter before any court
under ORS 105.395, 111.185, 113.005, 113.035, 113.105, 113.115, 114.325 and
125.715. In any other type of civil cause, action, proceeding or matter before
any court, an irrevocable letter of credit may be furnished pursuant to
subsection (1) of this section subject to approval of its terms by the parties
and to its being in the form and amount prescribed by statute, rule or order of
the court. [Amended by 1973 c.836 §316; 1991 c.331 §8; 1995 c.664 §73; 1997
c.631 §368; 1999 c.1051 §236]
     22.030
Officers with whom deposit is made; duplicate receipts. (1) Any party desiring to make use of the
provisions of ORS 22.020 to 22.070 shall, except as provided in subsection (2)
of this section, make or cause to be made, with the treasurer of the county or
city within which the bond is to be furnished, or, in any case, with the State
Treasurer, the deposit authorized by ORS 22.020. The treasurer, upon tender,
must accept such money or securities and deliver to the depositor a duplicate
receipt reciting the fact of such deposit; provided, that in case of bond or
security deposit is required after the office hours of any such treasurer with
whom it is desired to make the deposit, the deposit may be made with the chief
clerk of such court, board or commission or with the sheriff of the county or
the deputy in charge of the county jail or the sheriffÂ’s office, who shall
accept the same, giving duplicate receipts therefor, and cause such money or
securities to be delivered to the proper treasurer within 48 hours thereafter.
     (2) In any criminal case or in any
proceeding in any court the deposit may be made with the court or clerk
thereof, with the same effect and result as though made with such treasurer,
and it shall not be necessary for the money or securities to be delivered to the
treasurer. [Amended by 1973 c.836 §317; 1999 c.1051 §237]
     22.040
Filing duplicate receipt.
The filing of one of such duplicate receipts with the court, board or
commission with which such bond or security deposit is required or permitted to
be filed shall have the same effect as the furnishing of such bond or security
deposit and shall be taken and accepted by the court, board or commission or by
the chief clerk in lieu of such bond or security deposit. [Amended by 1973
c.836 §318; 1999 c.1051 §238]
     22.050
Discharge or forfeiture of bond or security; garnishment. If the bond or security deposit is
discharged, an order to that effect shall be entered upon the records of the
court, board or commission with a statement of the amount to be returned to the
person making the deposit. Upon presentation to the treasurer of a copy of such
order, duly certified by the clerk of the court, board or commission making the
same, the treasurer shall pay to the person named therein or to the order of
the person the amount specified or shall return the securities, as the case may
be. If the bond or security deposit is forfeited, an order to that effect shall
be entered upon the records of the court, board or commission, and upon
presentation to the treasurer of a copy of such order, certified by the chief
clerk of the court, board or commission making the same, the treasurer shall
make such disposition of the money or securities as the order shall provide. In
case the money or securities are in the hands of the clerk of the court, board
or commission at the time the bond or security deposit is declared discharged
or forfeited, the clerk shall make the same disposition of the money or
securities as the treasurer would be required to make in similar circumstances.
Whenever the order of the court, board or commission requires or contemplates
the same, the treasurer or clerk shall indorse to the proper party any
certified check deposited with the treasurer or clerk as security. Money or
securities deposited under ORS 22.020 to 22.070 shall not be subject to
garnishment. [Amended by 1973 c.836 §319; 1999 c.1051 §239]
     22.060
Deposit to be in special fund or depository; interest. Any money or securities received by any
treasurer under the provisions of ORS 22.030 shall be deposited in a special
fund or place of deposit subject to the order of the proper court, board or
commission. Any interest accumulating upon such fund shall be paid into the
general fund or corresponding fund of the state, county or city, according to
the nature of the case or in accordance with the order of the proper court,
board or commission; provided, however, that when bonds or other securities are
deposited the interest coupons shall not be detached therefrom but shall follow
the disposition of the securities.
     22.070
Redemption of money or securities; exchange of securities. Any party making use of the provisions of
ORS 22.020 to 22.070 may, at any time before forfeiture of the same, redeem any
money or securities so deposited by submitting the bond originally required or
permitted, or may exchange such securities for others of equal value if
satisfactory to the officer with whom the same have been deposited. [Amended by
1999 c.1051 §240]
     22.090
Qualifications and justification of surety. References in the statute laws of this state to the qualifications of
a surety in a bond or undertaking as in bail on arrest and the justification of
that surety are intended to be and shall be considered, except where and to the
extent that the context of a reference requires otherwise, references to the
qualifications and justification of a surety as provided in ORCP 82 D through
G. [1981 c.898 §14]
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