71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1256
 
                           A-Engrossed
 
                         House Bill 2382
                  Ordered by the House April 20
            Including House Amendments dated April 20
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for Oregon Collectors Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Provides that party seeking default judgment must submit
affidavit stating   { - that party has no knowledge or belief
that guardian or conservator has been appointed for party against
whom judgment is sought - }  { + , to best of party's knowledge
and belief, that party against whom judgment is sought is not
incapacitated, minor, protected person or respondent + }.
Replaces requirement of affidavit stating that party against whom
judgment is sought is not minor or person who is incapacitated or
financially incapable. { +  Permits court to issue default
judgment without required affidavit under specific
circumstances. + }
 
                        A BILL FOR AN ACT
Relating to default judgments; amending ORCP 69 B.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORCP 69 B is amended to read:
  B Entry of default judgment.
  B(1) By the court or the clerk. The court or the clerk upon
written application of the party seeking judgment shall enter
judgment when:
  B(1)(a) The action arises upon contract;
  B(1)(b) The claim of a party seeking judgment is for the
recovery of a sum certain or for a sum which can by computation
be made certain;
  B(1)(c) The party against whom judgment is sought has been
defaulted for failure to appear;
    { - B(1)(d) The party against whom judgment is sought is not
a minor or a person who is incapacitated or financially
incapable, as defined by ORS 125.005, and such fact is shown by
affidavit; - }
   { +  B(1)(d) The party seeking judgment submits an affidavit
stating that, to the best knowledge and belief of the party
seeking judgment, the party against whom judgment is sought is
not incapacitated as defined in ORS 125.005, a minor, a protected
person as defined in ORS 125.005 or a respondent as defined in
ORS 125.005; + }
  B(1)(e) The party seeking judgment submits an affidavit of the
amount due;
  B(1)(f) An affidavit pursuant to subsection B(3) of this rule
has been submitted; and
  B(1)(g) Summons was personally served within the State of
Oregon upon the party, or an agent, officer, director, or partner
of a party, against whom judgment is sought pursuant to Rule 7
D(3)(a)(i), 7 D(3)(b)(i), 7 D(3)(e) or 7 D(3)(f).
    { - B(2) By the court. In all other cases, the party seeking
a judgment by default shall apply to the court therefor, but no
judgment by default shall be entered against a minor or a person
who is incapacitated or financially incapable, as defined by ORS
125.005, unless the minor or person has a general guardian or is
represented in the action by another representative as provided
in Rule 27. - }
   { +  B(2) By the court. In cases other than those cases
described in subsection (1) of this section, the party seeking
judgment must apply to the court for judgment by default. The
party seeking judgment must submit the affidavit required by
subsection (1)(d) of this section if, to the best knowledge and
belief of the party seeking judgment, the party against whom
judgment is sought is not incapacitated as defined in ORS
125.005, a minor, a protected person as defined in ORS 125.005 or
a respondent as defined in ORS 125.005. If the party seeking
judgment cannot submit an affidavit under this subsection, a
default judgment may be entered against the other party only if a
guardian ad litem has been appointed or the party is represented
by another person as described in Rule 27. + } If, in order to
enable the court to enter judgment or to carry it into effect, it
is necessary to take an account or to determine the amount of
damages or to establish the truth of any averment by evidence or
to make an investigation of any other matter, the court may
conduct such hearing, or make an order of reference, or order
that issues be tried by a jury, as it deems necessary and proper.
The court may determine the truth of any matter upon affidavits.
  B(3) Amount of judgment. The judgment entered shall be for the
amount due as shown by the affidavit, and may include costs and
disbursements and attorney fees entered pursuant to Rule 68.
  B(4) Non-military affidavit required. No judgment by default
shall be entered until the filing of an affidavit on behalf of
the plaintiff, showing that affiant reasonably believes that the
defendant is not a person in military service as defined in
Article 1 of the 'Soldiers' and Sailors' Civil Relief Act of
1940,' as amended, except upon order of the court in accordance
with that Act.
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