2007 Oregon Code - Chapter 52 :: Chapter 52 - Civil Actions
Chapter 52 — Civil
Actions
2007 EDITION
CIVIL ACTIONS
JUSTICE COURTS
GENERAL PROVISIONS
52.010Â Â Â Â Â Â Actions
commenced and prosecuted, and judgments enforced, as in circuit court;
prevailing party entitled to disbursements
52.020Â Â Â Â Â Â Mode
of proceeding and rules of evidence
52.030Â Â Â Â Â Â Court
rules and procedures
52.035Â Â Â Â Â Â Dismissal
of civil cases for want of prosecution
52.040Â Â Â Â Â Â Contempt
in justice court
52.060Â Â Â Â Â Â Persons
entitled to act as attorneys in justice court
SUMMONS
52.110Â Â Â Â Â Â Service;
form, contents and requisites of summons
52.120Â Â Â Â Â Â Persons
authorized to serve summons; compensation; manner of service
52.130Â Â Â Â Â Â Appointment
of persons to serve process or order
52.170Â Â Â Â Â Â Security
for disbursements
52.180Â Â Â Â Â Â Form
of undertaking; qualifications and justification of sureties; deposit in lieu
of undertaking
ATTACHMENT
52.210Â Â Â Â Â Â Plaintiff
entitled to attachment as in circuit court
52.220Â Â Â Â Â Â Attachment
proceedings conducted as in circuit court
52.250Â Â Â Â Â Â Attachment
of real property prohibited
PLEADINGS
52.310Â Â Â Â Â Â Pleadings
governed by rules applicable to pleadings in circuit court
52.320Â Â Â Â Â Â Counterclaim
exceeding jurisdiction; transfer to circuit court; time allowed plaintiff to
plead; costs; effect of failure to tender costs
TRIAL FEES
52.410Â Â Â Â Â Â Trial
fee
52.420Â Â Â Â Â Â Trial
fee payable in advance; effect of failure to pay; recovery of fee as
disbursement
52.430Â Â Â Â Â Â State
or county exempted from prepaying trial fee; recovery of trial fee
52.440Â Â Â Â Â Â Accounting
for and disposition of trial fee
TRIAL AND JUDGMENT
52.510Â Â Â Â Â Â Postponement
of trial
52.520Â Â Â Â Â Â Depositions
of witnesses as condition to postponement
52.530Â Â Â Â Â Â Change
of place of trial
52.540Â Â Â Â Â Â Payment
of disbursements for change of venue; subpoenaed witnesses
52.550Â Â Â Â Â Â When
change of venue deemed complete
52.560Â Â Â Â Â Â Jurisdiction
to cease when title to real property in question; further proceedings in
circuit court
52.570Â Â Â Â Â Â Right
to jury trial
52.580Â Â Â Â Â Â Judgment
52.590Â Â Â Â Â Â Judgment
may not determine or affect title to real property
ENFORCEMENT AND SETOFF OF JUDGMENTS;
EXECUTIONS
52.600Â Â Â Â Â Â Enforcement
of justice court judgments generally
52.610Â Â Â Â Â Â Enforcement
of judgment given by other justice
52.620Â Â Â Â Â Â Filing
transcript of judgment in another county; issuance of execution
52.635Â Â Â Â Â Â Liens
based on justice court judgment
52.640Â Â Â Â Â Â Setoff
of judgment; application and notice
52.650Â Â Â Â Â Â Right
of appeal precludes setoff; procedure to set off judgment of another court
52.660Â Â Â Â Â Â Enforcement
of setoff judgment stayed
52.670Â Â Â Â Â Â Setoff
of mutual judgments
52.680Â Â Â Â Â Â Setoff
of judgments in different amounts; disallowance of setoff
52.700Â Â Â Â Â Â Return
on execution; to whom directed; duty of officer to execute writ
52.710Â Â Â Â Â Â Renewal
of execution; indorsement and entry of renewal
GENERAL PROVISIONS
     52.010
Actions commenced and prosecuted, and judgments enforced, as in circuit court;
prevailing party entitled to disbursements. (1) Actions at law in justice courts shall be commenced and prosecuted
to final determination and judgment enforced therein, in the manner provided
for similar actions in the circuit courts, except as in this chapter otherwise
provided.
     (2) All disbursements shall in all cases
be allowed the prevailing party.
     52.020
Mode of proceeding and rules of evidence. The mode of proceeding and the rules of evidence are the same in a
justice court as in a like action or proceeding in the circuit courts, except
where otherwise specially provided.
     52.030
Court rules and procedures.
The rules in justice courts governing mistakes in pleadings and amendments
thereof, vacating defaults and judgments for mistake, inadvertence, surprise or
excusable neglect, the formation of issues of both law and fact, the postponing
of trials for cause shown, the mode of trial, the formation of the jury, the
conduct and manner of trial by jury or by the justice without a jury, the
procedure regarding the verdict and judgment and the enforcement thereof by
execution shall be as prescribed for civil actions in the circuit courts,
except as otherwise provided.
     52.035
Dismissal of civil cases for want of prosecution. The justice of the peace of every justice
court shall mail a notice to each of the attorneys of record, or, to the
plaintiff where there is no licensed attorney representing the plaintiff, in
every pending civil action, suit or proceeding in their respective courts in
which no proceedings have been had or papers filed for a period of more than
one year. The notice shall state that each such case will be dismissed by the
court for want of prosecution 60 days from the date of mailing the notice,
unless, on or before the expiration of the 60 days, application, either oral or
written, be made to the court and good cause shown why it should be continued
as a pending case. If such application is not made or good cause is not shown,
the court shall dismiss each such case. Nothing contained herein shall be
construed to prevent the dismissing at any time, for want of prosecution, of
any suit, action or proceeding upon motion of any party thereto. [1953 c.360 §1]
     52.040
Contempt in justice court.
ORS 33.015 to 33.155, defining acts that constitute contempt and the proceedings
for imposing sanctions for contempt, apply to justice courts. [Amended by 1991
c.724 §20; 1999 c.605 §4; 2005 c.22 §34]
     52.050 [Repealed by 1999 c.605 §8]
     52.060
Persons entitled to act as attorneys in justice court. Any person may act as attorney for another
in a justice court, except a person or officer serving any process in the
action or proceeding, other than a subpoena.
SUMMONS
     52.110
Service; form, contents and requisites of summons. (1) At any time after the action is
commenced by the filing of a complaint with the justice of the peace, the
plaintiff may cause a summons to be served on the defendant. It shall be
subscribed by the plaintiff or plaintiffÂ’s attorney or the justice of the
peace. It shall specify the name of the court in which the complaint is filed
and shall contain the title of the cause specifying the names of the parties to
the action, plaintiff and defendant. It shall be directed to the defendant and
shall require the defendant to appear and defend within the time required by
ORCP 7 C(2) or, in case of failure to so appear and defend, the plaintiff will
take judgment against the defendant for the money, property or other relief
demanded in the complaint, with costs and disbursements of the action.
     (2) A summons shall contain a notice
printed in type size equal to at least 8-point type which may be substantially
in the following form:
______________________________________________________________________________
NOTICE TO DEFENDANT:
READ THESE PAPERS
CAREFULLY!
     You must “appear” in this case or the
other side will win automatically. To “appear” you must file with the court a
legal paper called a “motion” or “answer.” The “motion” or “answer” must be
given to the justice of the peace within 30 days along with the required filing
fee. It must be in proper form and have proof of service on the plaintiffÂ’s
attorney or, if the plaintiff does not have an attorney, proof of service on
the plaintiff.
     If you have questions, you should see an
attorney immediately.
______________________________________________________________________________
[Amended by
1983 c.673 §10]
     52.120
Persons authorized to serve summons; compensation; manner of service. (1) The summons in an action in a justice
court shall be served by a person authorized to serve summons, who shall be
compensated for service of the summons, as provided for the service of summons
in civil action in a circuit court.
     (2) The summons shall be served in the
manner provided for the service of summons in a civil action in a circuit
court. The summons shall be returned to the justice by whom it was issued by
the person serving it, with proof of service or that the defendant cannot be
found. [Amended by 1953 c.749 §4; 1973 c.827 §10; 1977 c.877 §11; 1979 c.284 §84]
     52.130
Appointment of persons to serve process or order. Whenever it appears to the justice that any
process or order authorized to be issued or made will not be served for want of
an officer, the justice may appoint any other person authorized by ORS 52.120,
to serve it. Such an appointment may be made by an indorsement on the process
or order, in substantially the following form and signed by the justice with
the name of the office of the justice:
______________________________________________________________________________
I hereby
appoint A B to serve the within process or order.
______________________________________________________________________________
[Amended by
1977 c.877 §12; 1979 c.284 §85; 1995 c.79 §13]
     52.140 [Amended by 1953 c.479 §4; 1977 c.877 §13;
repealed by 1979 c.284 §199]
     52.150 [Repealed by 1979 c.284 §199]
     52.160 [Repealed by 1979 c.284 §199]
     52.170
Security for disbursements.
If the plaintiff is a nonresident of this state, the justice may require the
plaintiff to give an undertaking with one or more sureties, or an irrevocable
letter of credit issued by an insured institution, as defined in ORS 706.008,
for the disbursements of the action before issuing the summons; and if at any
time before the commencement of the trial the defendant applies therefor, the
justice must require such plaintiff to give the undertaking or irrevocable
letter of credit. If the plaintiff is a resident of this state, the justice
may, in the discretion of the justice, upon a like application on the part of
the defendant, require the plaintiff to give such undertaking or irrevocable
letter of credit. However, if the plaintiff is a resident of
     52.180
Form of undertaking; qualifications and justification of sureties; deposit in
lieu of undertaking. (1) The
undertaking may be substantially in the following form:
______________________________________________________________________________
“I, A B,” or “We,
A B and C D, undertake to pay E F, the defendant in this action, all
disbursements that may be adjudged to E F in this action.”
______________________________________________________________________________
     (2) The sureties must possess the
qualifications of bail upon arrest, and, if required by the defendant, must
justify in a sum not less than $50. A deposit with the justice of such sum as
the justice may deem sufficient shall be equivalent to giving the required
undertaking. If the undertaking or deposit in lieu thereof is not given or made
by the time the action is at issue and ready for trial on a question of fact,
the justice must dismiss the action as for want of prosecution. [Amended by
1995 c.79 §14]
ATTACHMENT
     52.210
Plaintiff entitled to attachment as in circuit court. In a civil action in a justice court the
plaintiff is entitled to the benefit of the provisional remedies of attachment
and delivery of personal property claimed in the action, as in like cases in
the circuit courts. All affidavits, orders and undertakings for these remedies
are to be taken or made and filed with the justice, and the process is to be
issued by and made returnable before the justice. A writ of attachment or an
order for the delivery of personal property claimed in the action may be served
and executed by any person authorized to serve a summons. [Amended by 1981
c.898 §41]
     52.220
Attachment proceedings conducted as in circuit court. The provisions for proceedings in the
circuit courts on attachment and delivery of personal property shall govern in
like cases in justice courts, except as otherwise provided. [Amended by 1981
c.898 §42]
     52.230 [Repealed by 1981 c.898 §53]
     52.240 [Repealed by 1981 c.898 §53]
     52.250
Attachment of real property prohibited. Real property or any interest therein cannot be attached upon a writ
of attachment in a civil action in a justice court.
     52.260 [Repealed by 1981 c.898 §53]
PLEADINGS
     52.310
Pleadings governed by rules applicable to pleadings in circuit court. The pleadings in actions in justice courts,
the forms thereof and the rules by which the sufficiency of the pleadings are
to be determined, shall be those prescribed for civil actions in the circuit
courts.
     52.320
Counterclaim exceeding jurisdiction; transfer to circuit court; time allowed
plaintiff to plead; costs; effect of failure to tender costs. In all actions instituted in a justice court
a defendant shall have the right to plead a counterclaim in excess of the
jurisdiction of the court, whereupon the justice of the peace shall, within 10
days following the filing of the answer, file with the clerk of the circuit
court for the county in which the justice court is located, a transcript of the
cause containing a copy of all the material entries in the justiceÂ’s docket,
together with all the original papers relating to the cause. Upon the filing of
the transcript with the clerk of the circuit court, the justice of the peace
shall proceed no further in the cause, but the cause shall thenceforth be
considered as transferred to the circuit court and be deemed pending and for
trial therein as if originally commenced in the court. The circuit court shall
have jurisdiction of the cause and shall proceed to hear, determine and try the
same. In the event of the justiceÂ’s failure to file the transcript in the
circuit court within the time specified, the judge of the circuit court may
make an order upon the justice to comply within a specified time with the
provisions of this section. The plaintiff in the action shall have 10 days
after the filing of the transcript in the circuit court in which to move
against or reply to defendantÂ’s answer. All costs incurred in the transfer of
the case, including the fee for filing the same in the circuit court, shall be
borne by the defendant and must be tendered by the defendant to the justice of
the peace at the time of filing with the justice the counterclaim, and the
costs may be recovered by the defendant in the event the defendant prevails. On
failure of the defendant to pay to the justice of the peace the required fee at
the time of filing the counterclaim, or within two days thereafter, the justice
of the peace shall disregard the counterclaim of the defendant and proceed to
try the cause as though the counterclaim had never been filed. [Amended by 1979
c.284 §86]
TRIAL FEES
     52.410
Trial fee. (1) Parties to
judicial proceedings in justice courts are required to contribute toward the
expense of maintaining justice courts, or a particular action or proceeding
therein, by the payment of a trial fee.
     (2) The trial fee in a justice court, for
every trial by jury, is $17. [Amended by 1979 c.447 §3; 1997 c.801 §133]
     52.420
Trial fee payable in advance; effect of failure to pay; recovery of fee as
disbursement. (1) The trial
fee in a justice court shall be paid to the justice upon the demand for a jury,
and unless so paid the demand shall be disregarded and the trial proceed as if
no demand had been made.
     (2) If the party paying the fee prevails
in the action or proceeding so as to be entitled to recover costs therein, the
fee shall be allowed and taxed as a disbursement and collected from the adverse
party. [Amended by 2005 c.22 §35]
     52.430
State or county exempted from prepaying trial fee; recovery of trial fee. When the state or any county is a party to a
judicial proceeding in a justice court, the state or county need not pay the
trial fee upon demanding a jury, and if the state or county is entitled to
recover costs therein, the trial fee shall be allowed and taxed in the stateÂ’s
or countyÂ’s favor as a disbursement, and collected from the adverse party as in
ordinary cases. [Amended by 2005 c.22 §36]
     52.440
Accounting for and disposition of trial fee. In a justice court, the trial fee is paid to the justice. The justice
shall keep an account of such fees, and by whom paid, and distribute the amount
among the jury in the particular case, in partial payment of their legal fees.
TRIAL AND
JUDGMENT
     52.510
Postponement of trial. When
a cause is at issue upon a question of fact, the justice must, upon sufficient
cause shown on the application of either party, postpone the trial for a period
not exceeding 60 days.
     52.520
Depositions of witnesses as condition to postponement. An application for the postponement of the
trial shall not be granted unless the party applying therefor, if required by
the adverse party, consents to take the deposition of any witness of the
adverse party then in attendance upon the court. If the consent is given, the
justice shall take the deposition, and it may be read on the trial, subject to
the same objection as if the witness were present and gave the testimony
orally.
     52.530
Change of place of trial.
(1) The justice shall change the place of trial, on motion of either party to
the action, when it appears from a supporting affidavit of the party that:
     (a) The justice is a party to or directly
interested in the event of the action, or connected by consanguinity or
affinity within the third degree with the adverse party or those for whom the
justice prosecutes or defends; or
     (b) The justice is so prejudiced against
the party making the motion that the party cannot expect an impartial trial
before the justice.
     (2) The justice may change the place of
trial, on motion of either party to the action, when it appears from a
supporting affidavit of the party that the convenience of parties and witnesses
would be promoted by the change, and that the motion is not made for the
purpose of delay.
     (3) The motion for change of place of
trial cannot be made or allowed in any action until after the cause is at issue
on a question of fact. The change shall be made to the nearest justice court in
the county. If there is only one justice court in the county the change shall
be made to the circuit court for the county in which the justice court is
located. Neither party shall be entitled to more than one change in the place
of trial, except for causes not in existence when the first change was allowed.
When the place of trial has been changed, the justice shall forthwith transmit
to the justice court or circuit court to whom the case is transferred a
transcript of the proceedings had in the case with all the original papers
filed thereon. All costs incurred in the transfer of such case, including the
fee for filing the same in the court to which the case is transferred shall be
borne by the party requesting the change and must be tendered by the party to
the justice at the time of filing the motion for the change. Such costs may be
recovered by such party in the event the party prevails in the trial of the
action. On the failure of the party to tender or pay the required fee at the
time the motion is filed the justice shall disregard the motion and proceed to
try the action as though no motion had been filed. [Amended by 1959 c.159 §1;
1995 c.658 §63; 2005 c.22 §37]
     52.540
Payment of disbursements for change of venue; subpoenaed witnesses. (1) The disbursements of the change of venue
shall be paid by the party applying therefor, and not taxed as a part of the
costs in the case.
     (2) It shall not be necessary to issue new
subpoenas to witnesses, but the witnesses shall appear before the justice
before whom the cause has been transferred without the issue of any other
notice than the allowance of the motion for the change of venue.
     52.550
When change of venue deemed complete. Upon the filing of the transcript and papers with the justice to whom
the cause has been transferred, the change of venue shall be deemed complete,
and thereafter the action shall proceed as though it had been commenced before
such justice.
     52.560
Jurisdiction to cease when title to real property in question; further
proceedings in circuit court.
If it appears on the trial of any cause before a justice of the peace from the
evidence of either party, or from the pleadings, that the title to real
property is in question, which title is disputed by the other party, the
justice shall immediately make an entry thereof in the docket of the justice
and cease all further proceedings in the cause. The justice shall certify and
return to the circuit court of the county a transcript of all the entries made
in the docket of the justice relating to the case, together with all the
process and other papers relating to the action, in the same manner and within
the same time as upon an appeal. Thereupon the circuit court shall proceed in
the cause to final judgment and execution in the same manner as if the action
had been originally commenced therein, and disbursements shall abide the event
of the action.
     52.570
Right to jury trial. When a
cause is at issue upon a question of fact, if either party then demands a jury
trial and deposits with the justice such trial fee as is required to be paid in
advance by ORS 52.420 and 52.430, the issue must be tried by a jury and not the
justice; but otherwise it must be tried by the justice.
     52.580
Judgment. When an issue of
fact is tried by the justice, it is not necessary that there be any special
statement of the facts found or law determined on the trial. It is sufficient
for the justice to give judgment generally, as the law and evidence may
require, for the plaintiff or the defendant, stating therein for what amount or
what relief or to what effect the same is given.
     52.590
Judgment may not determine or affect title to real property. Although the title to real property may be
controverted or questioned in an action in a justice court, the judgment in the
action shall in no way affect or determine the title as between the parties, or
otherwise.
ENFORCEMENT
AND SETOFF OF JUDGMENTS; EXECUTIONS
     52.600
Enforcement of justice court judgments generally. (1) Upon the docketing of a judgment by a
justice court, the judgment may be enforced by the justice court in the manner
provided in this section.
     (2) Enforcement proceedings on a judgment
docketed by a justice court may include:
     (a) Writ of execution proceedings for
personal property under ORS 18.252 to 18.993.
     (b) Proceedings in support of execution
under ORS 18.265, 18.268 and 18.270.
     (c) Garnishment proceedings under ORS
18.600 to 18.850.
     (3) In addition to the enforcement
proceedings specified in subsection (2) of this section, a docketed justice
court judgment may be enforced by the court that rendered the judgment through
the issuance of a writ of execution on real property under ORS 18.252 to
18.993. A writ of execution on real property may be issued by a justice court only
after the judgment has been transcribed or recorded in the manner provided by
ORS 52.635.
     (4) ORS 18.038, 18.042, 18.048 and 137.071
apply to judgments rendered in justice courts.
     (5) Except as provided in subsection (6)
of this section, the provisions of this section apply to all judgments docketed
by justice courts, including judgments imposed in violation proceedings and
other criminal proceedings.
     (6) The provisions of this section and ORS
52.635 do not apply to proceedings for enforcement of ordinances governing the
parking of vehicles. Ordinances governing the parking of vehicles shall be
enforced as provided by other law. [1999 c.788 §2; 2001 c.249 §74; 2003 c.576 §95]
     52.610
Enforcement of judgment given by other justice. A justice of the peace has authority and
power to enforce a judgment given by the predecessor in office, or by a justice
whose docket has been transferred to the justice of the peace, and to complete
any unfinished business begun before such predecessor, or entered in such docket,
as if the same had been given or begun before the justice of the peace.
     52.620
Filing transcript of judgment in another county; issuance of execution. The party entitled to the benefit of a
judgment in a justice court may at any time have a certified transcript of the
judgment and file it with any justice in any other county. Upon the filing of
the transcript, the justice with whom it is filed must make an entry thereof in
the docket of the justice, giving the title of the cause, the names of the parties
and the substance of the judgment. Thereafter execution may issue to enforce
the judgment, or any part thereof remaining unsatisfied, as if it had been
given by the justice with whom the transcript is filed.
     52.630 [Amended by 1965 c.619 §27; 1971 c.621 §11;
1975 c.607 §13; 1979 c.833 §14; 1981 c.835 §4; 1983 c.696 §6; 1987 c.586 §20;
1995 c.273 §15; repealed by 1999 c.788 §3 (52.635 enacted in lieu of 52.630)]
     52.635
Liens based on justice court judgment. (1) After a judgment that includes a money award is docketed in a
justice court, a certified copy of the judgment or a lien record abstract for
the judgment may be recorded in the County Clerk Lien Record for the county
that contains the justice court that rendered the judgment. The certified copy
or lien record abstract may be recorded by the judgment creditor or by the
agent of the judgment creditor at any time after the judgment is rendered and
before the judgment expires under ORS 18.194 or is fully satisfied. From the
time the certified copy of the judgment or the lien record abstract is recorded
in the County Clerk Lien Record, the judgment is a lien upon the real property
of the defendant in the county.
     (2) In lieu of recording a certified copy
of a judgment or a lien record abstract for a judgment under subsection (1) of
this section, a judgment that includes a money award rendered by a justice
court in a civil action may be transcribed to the circuit court for the county
that contains the justice court that rendered the judgment. The judgment may be
transcribed by the filing of a certified transcript of the judgment with the
clerk of the circuit court. The transcript must contain a copy of all the
docket entries made in the case and the judgment as rendered by the justice
court, certified to be a true and correct transcript from the original entries
by the justice court. Upon filing of the certified transcript, the clerk shall
enter the transcribed judgment in the register of the circuit court and in the
judgment lien record. The clerk shall note in the register that the transcribed
judgment creates a judgment lien. A judgment in a criminal action may not be
transcribed to circuit court under the provisions of this subsection.
     (3) A certified copy of a judgment
docketed in a justice court, or a lien record abstract for the judgment, may be
recorded in any County Clerk Lien Record. The judgment or lien record abstract
may be recorded in a county other than the county that contains the justice
court that rendered the judgment without transcribing the justice court
judgment to the circuit court for the county that contains the justice court
that rendered the judgment, or recording a certified copy of the judgment or a
lien record abstract for the judgment in the County Clerk Lien Record for the county
that contains the justice court. If the judgment has been transcribed to
circuit court, or a certified copy of the judgment or a lien record abstract
for the judgment has been recorded in any County Clerk Lien Record, a lien
record abstract for the judgment in the form provided by ORS 18.170 may be
recorded in the County Clerk Lien Record for any other county. From the time
the certified copy of the judgment or lien record abstract for the judgment is
recorded in the County Clerk Lien Record of another county, the judgment is a
lien upon the real property of the defendant in that county.
     (4) A certified copy of a certificate of
extension filed under ORS 18.194, or a lien record abstract for the certificate
of extension, may be transcribed to circuit court or recorded in a County Clerk
Lien Record in the same manner as provided for judgments under this section and
with like effect.
     (5) The transcribing of a justice court
judgment to circuit court under this section, or the recording of a certified
copy of a justice court judgment or a lien record abstract under this section,
does not extend the lien of the judgment more than 10 years from the original
entry of the judgment in the justice court.
     (6) The fee for filing a transcript with
the clerk of the circuit court under subsection (2) of this section shall be as
provided in ORS 21.325 (2). The fee for recording a certified copy of a justice
court judgment or a lien record abstract under this section shall be as
provided in ORS 205.320.
     (7) A justice court and circuit court may
enter into an agreement to allow for electronic transcription of justice court
judgments under this section. A justice court and county clerk may enter into
an agreement to allow for electronic recording of judgments and lien record
abstracts under this section. [1999 c.788 §4 (enacted in lieu of 52.630); 2003
c.576 §96; 2003 c.737 §§80,81; 2007 c.339 §12]
     Note: Section 62 (1) and (2), chapter 788, Oregon
Laws 1999, provides:
     Sec.
62. (1) The repeal of ORS
52.630 by section 3 of this 1999 Act does not affect any judgment docketed in a
circuit court under the provisions of ORS 52.630 (1997 Edition) before the
effective date of this 1999 Act [October 23, 1999].
     (2) Any judgment rendered by a justice
court before the effective date of this 1999 Act that was not docketed in the
circuit court under the provisions of ORS 52.630 (1997 Edition) before the
effective date of this 1999 Act may become a lien on real property only in the
manner provided by section 4 of this 1999 Act [52.635]. Any judgment rendered
in a justice court on or after the effective date of this 1999 Act may become a
lien on real property only in the manner provided by section 4 of this 1999
Act. [1999 c.788 §62(1),(2)]
     52.640
Setoff of judgment; application and notice. A party against whom a judgment is given in a justice court may, upon
three daysÂ’ notice to the adverse party, apply to the justice of the court to
have another judgment given in a justice court, between the same parties and
against the adverse party, set off against the first mentioned judgment.
     52.650
Right of appeal precludes setoff; procedure to set off judgment of another
court. A judgment proposed
as a setoff under ORS 52.640 must be final and no longer subject to appeal. If
the judgment was given in another court than the one where the application is
made, the party proposing the setoff must produce the transcript of the
judgment, certified by the proper justice, which certificate shall also state
how much of the judgment remains unsatisfied and that the transcript is given
for the purpose of being a setoff against the judgment to which it is proposed
as a setoff. [Amended by 2003 c.14 §23]
     52.660
Enforcement of setoff judgment stayed. The justice making the transcript and certificate shall make an entry
thereof in the docket of the justice and thereafter all proceedings to enforce
the judgment shall be stayed, unless the transcript is returned with the
certificate of the proper justice indorsed thereon, to the effect that it has
not been allowed to be set off.
     52.670
Setoff of mutual judgments.
If upon the hearing of the application the justice finds that the judgments are
mutual, the justice shall give judgment allowing the proposed setoff.
     52.680
Setoff of judgments in different amounts; disallowance of setoff. If there is any difference in the amount of
the two judgments, judgment for the difference must be given in favor of the
party owning the larger judgment. If the justice refuses to allow the setoff,
the justice shall so certify on the transcript and return it to the party.
     52.690 [Repealed by 1999 c.788 §5]
     52.700
Return on execution; to whom directed; duty of officer to execute writ. An execution issued by a justice must be
made returnable within 30 days from the date thereof, and may be directed to
the sheriff of the county, or any constable or marshal or police officer
authorized to act as a constable therein, and must be executed by any one of
such officers when delivered to the officer. [Amended by 1991 c.67 §8]
     52.710
Renewal of execution; indorsement and entry of renewal. At any time before the expiration of the
return day of the execution, it may be renewed for another period of 30 days,
at the request of the plaintiff, by an indorsement to that effect made thereon
by the justice. The indorsement must be dated and, if any part of the execution
has been satisfied, must state the amount then due thereon. An entry of the
renewal must also be made in the docket of the justice.
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