2013 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 105 - Property Rights
Section 105.130 - How action conducted; fees.

(1) Except as provided in this section and ORS 105.135, 105.137 and 105.140 to 105.161, an action pursuant to ORS 105.110 shall be conducted in all respects as other actions in courts of this state.

(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall:

(a) Collect a filing fee of $75;

(b) Collect any other fee authorized by law or ordinance; and

(c) With the assistance of the plaintiff or an agent of the plaintiff, complete the applicable summons and provide to the plaintiff or an agent of the plaintiff sufficient copies of the summons and complaint for service.

(3) The court shall collect a filing fee of $75 from a defendant that demands a trial under this section.

(4) An action pursuant to ORS 105.110 shall be brought in the name of a person entitled to possession as plaintiff. The plaintiff may appear in person or through an attorney. In an action to which ORS chapter 90 applies, the plaintiff may also appear through a nonattorney who is an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff.

(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a state agency may appear in an action brought pursuant to ORS 105.110 through an officer or employee of the agency if:

(a) The Attorney General consents to the representation of the agency by an officer or employee in the particular action or in the class of actions that includes the particular action; and

(b) The agency, by rule, authorizes an officer or employee to appear on its behalf in the particular type of action being conducted.

(6) An action brought under ORS 105.110 by a person entitled to possession of premises on the basis of circumstances described in ORS 105.115 (1)(d), (e) or (f) is subject to the filing fees and other court or sheriff fees applicable to an action concerning a dwelling unit that is subject to ORS chapter 90. The procedure under ORS 105.105 to 105.168 that is applicable to an action concerning a dwelling unit subject to ORS chapter 90 shall also apply to an action brought under ORS 105.115 (1)(d), (e) or (f), except that the complaint must be in the form prescribed in ORS 105.126. [Amended by 1975 c.256 §10; 1977 c.877 §15; 1979 c.284 §94; 1981 c.753 §10; 1983 c.581 §1; 1985 c.588 §16; 1987 c.829 §5; 1991 c.92 §1; 1993 c.369 §17; 1995 c.273 §17; 1997 c.801 §34; 2003 c.737 §§47,48; 2005 c.702 §§53,54,55; 2007 c.493 §§8,18b; 2007 c.860 §8; 2009 c.638 §2; 2011 c.595 §55; 2013 c.685 §§37,37a]

Note: Section 38a, chapter 685, Oregon Laws 2013, provides:

Sec. 38a. (1) The amendments to ORS 21.010, 21.135, 21.145, 21.155, 21.160, 21.170, 21.180, 46.570 and 105.130 by sections 29a, 30a, 31a, 32a, 33a, 34a, 35a, 36a and 37a of this 2013 Act become operative on July 1, 2014.

(2) The amendments to ORS 21.010, 21.135, 21.145, 21.155, 21.160, 21.170, 21.180, 46.570 and 105.130 by sections 29a, 30a, 31a, 32a, 33a, 34a, 35a, 36a and 37a of this 2013 Act apply to filings made on or after July 1, 2014.

(3) If a civil action or proceeding is filed before July 1, 2014, and an answer or other first appearance is not filed in the proceeding until on or after July 1, 2014, the person filing the answer or other first appearance must pay the appropriate fee prescribed in ORS 21.010, 21.135, 21.145, 21.155, 21.160, 21.165, 21.170, 21.175, 21.180, 46.570 and 105.130, as in effect on July 1, 2014.

(4) Notwithstanding ORS 21.105 and 21.160, if an action or proceeding based on a tort or contract is filed before July 1, 2014, and the complaint or any other pleading filed in the proceeding is amended on or after July 1, 2014, to increase the amount claimed, the person filing the amended pleading must pay an additional filing fee if the filing fee under ORS 21.160 is greater than the filing fee previously paid. The amount of the additional filing fee is equal to the difference between the filing fee previously paid and the filing fee that would have been collected under ORS 21.170 or 21.180 if the amount had been claimed in the original pleading.

(5) Notwithstanding ORS 21.105, 21.170 and 21.180, if a petition for the appointment of a personal representative or the initial documents for a conservatorship proceeding are filed before July 1, 2014, and the inventory filed in the proceeding is amended to increase the value of the estate on or after July 1, 2014, the person filing the amended pleading must pay an additional filing fee that is equal to the difference between the filing fee that was paid by the party when the original pleading was filed and the filing fee that would have been collected under ORS 21.170 or 21.180 if the amount had been pleaded in the original pleading. [2013 c.685 §38a]

Note: The amendments to 105.130 by section 37a, chapter 685, Oregon Laws 2013, become operative July 1, 2014. See section 38a, chapter 685, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 37, chapter 685, Oregon Laws 2013, is set forth for the user's convenience.
(1) Except as provided in this section and ORS 105.135, 105.137 and 105.140 to 105.161, an action pursuant to ORS 105.110 shall be conducted in all respects as other actions in courts of this state.

(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall:

(a) Collect a filing fee of $79;

(b) Collect any other fee authorized by law or ordinance; and

(c) With the assistance of the plaintiff or an agent of the plaintiff, complete the applicable summons and provide to the plaintiff or an agent of the plaintiff sufficient copies of the summons and complaint for service.

(3) The court shall collect a filing fee of $79 from a defendant that demands a trial under this section.

(4) An action pursuant to ORS 105.110 shall be brought in the name of a person entitled to possession as plaintiff. The plaintiff may appear in person or through an attorney. In an action to which ORS chapter 90 applies, the plaintiff may also appear through a nonattorney who is an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff.

(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a state agency may appear in an action brought pursuant to ORS 105.110 through an officer or employee of the agency if:

(a) The Attorney General consents to the representation of the agency by an officer or employee in the particular action or in the class of actions that includes the particular action; and

(b) The agency, by rule, authorizes an officer or employee to appear on its behalf in the particular type of action being conducted.

(6) An action brought under ORS 105.110 by a person entitled to possession of premises on the basis of circumstances described in ORS 105.115 (1)(d), (e) or (f) is subject to the filing fees and other court or sheriff fees applicable to an action concerning a dwelling unit that is subject to ORS chapter 90. The procedure under ORS 105.105 to 105.168 that is applicable to an action concerning a dwelling unit subject to ORS chapter 90 shall also apply to an action brought under ORS 105.115 (1)(d), (e) or (f), except that the complaint must be in the form prescribed in ORS 105.126.

Note: Section 38, chapter 685, Oregon Laws 2013, provides:

Sec. 38. (1) The amendments to ORS 21.010, 21.135, 21.145, 21.155, 21.160, 21.170, 21.180, 46.570 and 105.130 by sections 29, 30, 31, 32, 33, 34, 35, 36 and 37 of this 2013 Act apply to filings made on or after October 1, 2013.

(2) If a civil action or proceeding is filed before October 1, 2013, and an answer or other first appearance is not filed in the proceeding until on or after October 1, 2013, the person filing the answer or other first appearance must pay the appropriate fee prescribed in ORS 21.010, 21.135, 21.145, 21.155, 21.160, 21.165, 21.170, 21.175, 21.180, 46.570 and 105.130, as in effect on October 1, 2013.

(3) Notwithstanding ORS 21.105 and 21.160, if an action or proceeding based on a tort or contract is filed before October 1, 2013, and the complaint or any other pleading filed in the proceeding is amended on or after October 1, 2013, to increase the amount claimed, the person filing the amended pleading must pay an additional filing fee if the filing fee under ORS 21.160 is greater than the filing fee previously paid. The amount of the additional filing fee is equal to the difference between the filing fee previously paid and the filing fee provided by ORS 21.160 for the amount claimed.

(4) Notwithstanding ORS 21.105, 21.170 and 21.180, if a petition for the appointment of a personal representative or the initial documents for a conservatorship proceeding are filed before October 1, 2013, and the inventory filed in the proceeding is amended to increase the value of the estate on or after October 1, 2013, the person filing the amended pleading must pay an additional filing fee that is equal to the difference between the filing fee that was paid by the party when the original pleading was filed and the filing fee that would have been collected under ORS 21.170 or 21.180 if the amount had been pleaded in the original pleading. [2013 c.685 §38]