Chapter 493
AN ACT
SB 271
Relating to courts; creating new provisions; amending ORS 18.718,
21.607, 21.615, 30.643, 30.645, 30.647, 105.130, 107.434, 107.500 and 108.130;
and repealing ORS 21.605.
Be It Enacted by the People of
the State of
SECTION 1. Definitions.
As used in sections 1 to 7 of this 2007 Act:
(1) “Applicant” means a
person who applies for waiver or deferral of fees or court costs under sections
1 to 7 of this 2007 Act.
(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
(4) “Obligor” means a
person who has had payment of all or part of fees or court costs deferred under
sections 1 to 7 of this 2007 Act.
SECTION 2. 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 administrator’s decision by a judge. If
an applicant requests review of a court administrator’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 sections 1 to 7 of this 2007 Act.
SECTION 3. 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
section 2 (4) of this 2007 Act. 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.
SECTION 4. Waived fees; recovery.
(1) If the fees and court costs of a person have been waived under sections 1
to 7 of this 2007 Act 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.
SECTION 5. Judgment for deferred
fees and court costs. (1) In courts other than justice courts
and county courts, fees and court costs deferred under sections 1 to 7 of this
2007 Act 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
sections 1 to 7 of this 2007 Act 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 obligor’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.
SECTION 6. 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 section 5 of this 2007 Act.
(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.
SECTION 7. (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.
SECTION 8. ORS 105.130, as amended by section 55, chapter
702, Oregon Laws 2005, is amended to read:
105.130. (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 $13;
(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) After a complaint is
filed under subsection (2) of this section, if the defendant demands a trial,
the plaintiff shall pay an additional filing fee of $29 and the defendant shall
pay a filing fee of $33.
(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) In addition to the
fees charged under subsection (2) of this section, the clerk shall collect a
surcharge from the plaintiff at the time a complaint is filed that is subject
to the filing fees established by subsection (2) of this section and from a
defendant at the time a defendant demands a trial in the action. The surcharge
shall be deposited by the State Court Administrator into the State Treasury to
the credit of the Housing and Community Services Department Low Income Rental
Housing Fund established by ORS 458.350. The amount of the surcharge shall be
$10.
[(7) Fees and surcharges provided for in this section may not be
refunded.]
(7) A paper or
pleading shall be filed by the clerk only if the fees and surcharges required
under this section are paid by the person filing the paper or pleading or if an
application for a waiver or deferral of fees and court costs is granted by the
court under sections 1 to 7 of this 2007 Act. Fees and surcharges provided for
in this section may not be refunded.
SECTION 9. ORS 21.607 is amended to read:
21.607. (1)
Notwithstanding ORS 82.010, judgments resulting from the deferral of fees and
court costs under the provisions of [ORS
21.605] sections 1 to 7 of this 2007 Act 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 21.605] sections
1 to 7 of this 2007 Act, 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 21.605]
sections 1 to 7 of this 2007 Act, 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 21.605] sections 1 to 7 of this
2007 Act. 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 21.605] sections 1 to 7 of this
2007 Act may not be compromised, settled or adjusted by a trial court
administrator or the State Court Administrator.
SECTION 10. ORS 21.615 is amended to read:
21.615. (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 21.605] sections 1 to 7 of this
2007 Act.
SECTION 11. ORS 30.643 is amended to read:
30.643. (1) If an inmate
seeks to file an action against a public body, the fees and court costs of the
inmate may be waived or deferred only in the manner provided by this section.
(2) Any inmate seeking
waiver or deferral of fees or court costs must submit with the application [required by ORS 21.605] for waiver or
deferral a certified copy of the inmate’s trust account statement for the
six-month period immediately preceding the filing of the complaint, petition,
notice of appeal or petition for review. The statement must be certified as
correct by an official of each correctional facility in which the inmate was
confined within the six-month period or by an employee of the Department of
Corrections charged with the responsibility of overseeing inmate trust
accounts.
(3) Upon the filing of a
statement under subsection (2) of this section, the court shall review the
information in the statement relating to deposits in the inmate’s trust account
and any other resources available to the inmate. The court may only waive the
inmate’s fees and court costs if the court determines that the inmate has no
funds and will not have funds.
(4) If the court makes a
determination that an inmate has or will have funds to pay fees and court
costs, the court shall require full payment of the filing fees and court costs,
or, if funds are not immediately available in the inmate’s trust account, shall
assess and collect filing fees and court costs as funds become available in the
inmate’s trust account.
(5) On its own motion or
on the motion of the public body, the court may review the pleadings of the
inmate in an action against a public body at the time a request for waiver or
deferral of filing fees or court costs is made. If the court finds that the
pleadings fail to state a claim for which relief may be granted, the court may
decline to waive or defer filing fees or court costs. The court shall enter a
denial of waiver or deferral of fees and costs under this subsection as a
limited judgment. Notwithstanding the time established by statute for the
commencement of an action, if a limited judgment is entered under this
subsection within 30 days of the expiration of the time allowed for commencing
the action, the inmate may commence the action not later than 45 days after the
judgment is entered. Only one extension of the time allowed for commencing an
action may be granted by the court under this section.
(6) Nothing in this
section shall be construed as preventing an inmate from bringing an action
against a public body because the inmate has no assets or means by which to pay
the initial partial filing fee as provided under this section.
SECTION 12. ORS 30.645 is amended to read:
30.645. (1) Except as
provided in subsection (2) of this section, the court may not waive or defer an
inmate’s fees or court costs under ORS 30.643 if the inmate has, on three or
more prior occasions while incarcerated or detained in any correctional
facility, filed an action against a public body in a court of this state that
was dismissed on the grounds that the action:
(a)
Was frivolous or malicious;
(b) Failed to state a
claim upon which relief could be granted; or
(c) Sought monetary
relief from a defendant who is immune from a claim for monetary relief.
(2) The court may waive
or defer fees or court costs of an inmate who would not otherwise be eligible
for waiver or deferral under subsection (1) of this section if the inmate
establishes in the application [required
by ORS 21.605] for waiver or deferral that the inmate is in imminent
danger of serious physical injury and the action against a public body is
needed to seek relief from that danger.
SECTION 13. ORS 30.647 is amended to read:
30.647. (1) If fees or
court costs of an inmate have been waived or deferred under ORS 30.643, a court
shall dismiss the case if at any time the court determines that the inmate was
in fact able to pay fees and court costs at the time the application for waiver
or deferral was made under [ORS 21.605]
sections 1 to 7 of this 2007 Act.
(2) If an inmate’s fees
or court costs have been waived or deferred under ORS 30.643, a court shall
dismiss the case if at any time the court determines that each claim in the
action, petition or appeal:
(a)
Is frivolous or malicious;
(b) Fails to state a
claim upon which relief may be granted, and the court denies leave to amend; or
(c) Seeks monetary
relief against a defendant who is immune from a claim for monetary relief.
(3) Upon appeal of any dismissal
under this section, the Court of Appeals on its own motion, or on the motion of
the respondent, may summarily affirm the judgment of the trial court, with or
without submission of briefs and without oral argument, if the Court of Appeals
determines that the appeal does not present a substantial question of law.
Notwithstanding ORS 2.570, the Chief Judge of the Court of Appeals may deny a
respondent’s motion for summary affirmance under this subsection or may grant
the motion if the petitioner does not oppose the motion. A dismissal of an
appeal under this subsection constitutes a decision on the merits of the case.
SECTION 14. ORS 107.434, as amended by section 59, chapter
702, Oregon Laws 2005, is amended to read:
107.434. (1) The presiding judge of each judicial district shall
establish an expedited parenting time enforcement procedure that may or may not
include a requirement for mediation. The procedure must be easy to understand
and initiate. Unless the parties otherwise agree, the court shall conduct a
hearing no later than 45 days after the filing of a motion seeking enforcement
of a parenting time order. The court shall charge a filing fee of $50, subject
to [ORS 21.605] waiver or deferral
of the fee under sections 1 to 7 of this 2007 Act. The court shall provide
forms for:
(a) A motion filed by
either party alleging a violation of parenting time or substantial violations
of the parenting plan. When a person files this form, the person must include a
copy of the order establishing the parenting time.
(b) An order requiring
the parties to appear and show cause why parenting
time should not be enforced in a specified manner. The party filing the motion
shall serve a copy of the motion and the order on the other party. The order
must include:
(A) A notice of the
remedies imposable under subsection (2) of this section and the availability of
a waiver of any mediation requirement; and
(B) A notice in
substantially the following form:
______________________________________________________________________________
When pleaded and shown
in a separate legal action, violation of court orders, including visitation and
parenting time orders, may also result in a finding of contempt, which can lead
to fines, imprisonment or other penalties, including compulsory community
service.
______________________________________________________________________________
(c) A motion, affidavit
and order that may be filed by either party and providing for waiver of any
mediation requirement on a showing of good cause.
(2) In addition to any
other remedy the court may impose to enforce the provisions of a judgment
relating to the parenting plan, the court may:
(a) Modify the
provisions relating to the parenting plan by:
(A) Specifying a
detailed parenting time schedule;
(B) Imposing additional
terms and conditions on the existing parenting time schedule; or
(C) Ordering additional
parenting time, in the best interests of the child, to compensate for wrongful
deprivation of parenting time;
(b) Order the party who
is violating the parenting plan provisions to post bond or security;
(c) Order either or both
parties to attend counseling or educational sessions that focus on the impact
of violation of the parenting plan on children;
(d) Award the prevailing
party expenses, including, but not limited to, attorney fees, filing fees and
court costs, incurred in enforcing the party’s parenting plan;
(e) Terminate, suspend
or modify spousal support;
(f) Terminate, suspend
or modify child support as provided in ORS 107.431; or
(g) Schedule a hearing
for modification of custody as provided in ORS 107.135 (11).
SECTION 15. ORS 107.500 is amended to read:
107.500. Each circuit
court shall make available with appropriate forms an instructional brochure
prescribed by the State Court Administrator and describing the procedures set
forth in this section and ORS 107.485 and 107.490. The content of the forms
used pursuant to this section and ORS 107.485 and 107.490 shall be
substantially as follows:
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) PETITION FOR
) SUMMARY
) DISSOLUTION
and ) OF MARRIAGE
)
_________, )
Respondent. )
)
1. (____________,
Petitioner,) (____________, Respondent,) has been a resident of
2. Statistical Facts:
a. Date of marriage:
___________________
b. Place of marriage:
___________________
c. Wife’s address:
___________________
d. Wife’s maiden name:
___________________
e. Wife’s former legal
names:
___________________
f. Wife’s age:
___________________
g. Husband’s address:
___________________
h. Husband’s former
legal names:
___________________
i. Husband’s age:
___________________
3. My spouse and I have
not been married more than 10 years.
4. Petitioner does not
know of any pending (not yet decided by a judge) domestic relations suits
involving this marriage in this or any other state.
5. There are no minor
children born to the parties or born during the marriage. There are no adopted
minor children. The wife is not now pregnant.
6. Petitioner requests a dissolution because irreconcilable differences between the
parties have caused the irremediable breakdown of the marriage.
7. The personal property
of the parties is not worth more than $30,000. Petitioner requests that the
Court divide the property as follows:
(a) The wife should be
awarded the following personal property:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Additional pages have
been attached and labeled “7a. continued.”
(b) The husband should
be awarded the following personal property:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Additional pages have
been attached and labeled “7b. continued.”
(c) The husband and wife
should each sign any documents necessary to remove his or her name as owner of
personal property awarded to the other party.
8. Neither the husband
nor the wife own any real property.
9. The debts incurred by
the husband and wife together or separately from the date of the marriage are
not greater than $15,000.
Petitioner requests the
following division of debts:
(a) The wife be required to pay the debts listed below. The husband is
awarded a judgment against the wife in the sum of $______. The wife can satisfy
this judgment by paying off the following debts:
Name of
Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________
(b) The husband be required to pay the debts listed below. The wife is
awarded a judgment against the husband in the sum of $______. The husband can
satisfy the judgment by paying off the following debts:
Name of
Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________
10. I relinquish all
rights I may have to spousal support and waive any right to pendente lite
orders (temporary orders) except those pursuant to ORS 107.700 to 107.735 (the
Family Abuse Prevention Act) or 124.005 to 124.040 (the Elderly Persons and
Persons With Disabilities Abuse Prevention Act).
(Complete only if
petitioner is paying fees and wants reimbursement from spouse or if fees are
being deferred for the petitioner.)
11. (a) If petitioner
has paid court costs and service fees, petitioner requests that costs and fees
paid by petitioner be repaid by respondent spouse, ________, and that a
judgment in the amount of such costs and fees be entered in favor of
petitioner, ________, in the amount of $______.
(b) If fees are being
deferred for petitioner:
Petitioner requests that
judgment be entered against
(____________, Petitioner)
(____________, Respondent) in favor of the
state in the amount of $______.
12. Petitioner requests
that:
wife’s legal name be restored to
__________________
husband’s legal name be restored to
__________________
________________
(Petitioner’s signature)
Address:
________________
________________
________________
Telephone:__________
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) SUMMONS FOR SUMMARY
) DISSOLUTION
) Marriage Dissolution Suit
and )
)
_________, )
Respondent. )
)
TO: Name
of Respondent
__________________
Address of Respondent
__________________
______________,
YOU HAVE BEEN SUED. The
court may decide against you without your being heard unless you respond within
30 days of the day you received these papers. Read the information below.
NOTICE TO RESPONDENT:
READ THESE PAPERS
CAREFULLY
Your spouse has filed a
petition with the court to end your marriage and asking to divide your property
and debts, if any. You must “appear” in this case or the court will grant your
spouse’s requests. 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
Court Clerk or Administrator at: (location) _____________ within 30 days of the
day you received these papers, along with the required filing fee. The “motion”
or “answer” must be in proper form and you must show that your spouse has been
served with a copy of it.
________________
Name of Petitioner
________________
Address of Petitioner
________________
City/State/Zip Code
Important Information
about Respondent (A recent photo may be attached in addition to the
requested information.)
Height:______________
Weight:______________
Race:______________
Date of Birth:__________
Automobile license number and description:
_____________________
Other identifying information:
_____________________
Best time and place to locate:
_____________________
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) AFFIDAVIT OF PROOF
) OF SERVICE
)
and )
)
_________, )
Respondent. )
)
STATE OF
) ss.
County of )
I, __________________,
swear/affirm under oath that:
I am a resident of the
State of
__________________
Signature of __________
SUBSCRIBED AND SWORN TO
before me this ____ day of ________, 2__.
_________________
NOTARY PUBLIC FOR
My Commission Expires: ____
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) MOTION AND ORDER FOR
) WAIVER OF FEES
)
and )
)
_________, )
Respondent. )
)
Petitioner moves the
Court for an order waiving payment of filing fees, service fees, and other
costs.
______________
Petitioner
POINTS AND AUTHORITIES
[ORS 21.605] Sections 1 to 7 of this 2007 Act; the Court
shall waive all fees and costs if the Court finds that the party is unable to
pay such fees and costs.
ORDER
IT IS SO ORDERED.
DATED:
This ___ day of ____, 2__.
______________
COURT
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) AFFIDAVIT FOR
) WAIVER OF
and ) FEES AND COSTS
)
_________, )
Respondent. )
)
STATE OF
) ss.
County of )
I, __________________,
being first duly sworn upon oath, depose and declare that I am the petitioner
for a Judgment of Summary Dissolution and am unable to pay necessary filing
fees, service fees and court costs. My total monthly income from all sources is
$________. I have $________ as assets and $________ as savings. I support ____
people. My monthly expenses are $____ housing, $____ food, $____ utilities, $____
transportation, $____ laundry, cleaning and personal requirements, $____
medical expenses, $____ clothing, $____ telephone, $____ total installment
payments, $____ other expenses, for total monthly expenses of $________.
________________
Signature of __________
SUBSCRIBED AND SWORN TO
before me this ____ day of ________, 2__.
_________________
NOTARY PUBLIC FOR
My Commission Expires ______
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) PETITIONER’S
) AFFIDAVIT, MOTION
) AND ORDER FOR
and ) DEFAULT JUDGMENT
) OF DISSOLUTION
)
_________, )
Respondent. )
)
STATE OF
) ss.
County of )
I, ____, swear/affirm
under oath that:
I am the Petitioner. The
Respondent is not now nor was at the time of the commencement of this suit in
the military service of the
The Respondent was
served with Summons and Petition for Dissolution on the ____ day of ________, 2__,
in
________________
Petitioner
SUBSCRIBED AND SWORN TO
before me this ___ day of ________, 2__.
_________________
NOTARY PUBLIC FOR
My Commission Expires ____
Petitioner moves the
Court for an Order entering the default of Respondent.
________________
Petitioner
________________
Address of Petitioner
________________
City, State Zip
ORDER
IT IS SO ORDERED.
DATED:
This ___ day of ____, 2__.
______________
CIRCUIT COURT JUDGE
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) JUDGMENT OF
) SUMMARY DISSOLUTION
)
and )
)
_________, )
Respondent. )
)
)
Statistical Facts:
a. Date of marriage:
___________________
b. Place of marriage:
___________________
c. Wife’s address:
___________________
d. Wife’s maiden name:
___________________
e. Wife’s former legal
names:
___________________
f. Wife’s age:
___________________
g. Husband’s address:
___________________
h. Husband’s former
legal names:
___________________
i. Husband’s age:
___________________
This matter came before
the Court for default. Petitioner appeared (in person) (by affidavit),
and Respondent did not appear. THE COURT HAS BEEN FULLY ADVISED, AND JUDGMENT
IS RENDERED AS FOLLOWS:
1. Dissolution:
This marriage is dissolved and shall terminate on __________.
2. Prior Wills:
Any will previously executed by either spouse with provisions in favor of the
other spouse is revoked with respect to those provisions, unless the will
expresses a different intent.
3. Division of
Property: (a) The wife is awarded and shall own by
herself the following personal property:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Additional pages have
been attached as C-1.
(b) The husband is
awarded and shall own by himself the following personal property:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Additional pages have
been attached as C-2.
(c) Husband and wife
each shall sign any documents necessary to remove his or her name as owner of
personal property awarded to the other. If either fails to sign the necessary
documents, a certified copy of the Judgment shall serve as a conveyance of the
property.
4. Payment of Debts:
(a) The wife shall pay the debts listed below. The
husband is awarded a judgment against the wife in the sum of $______. The wife
can satisfy this judgment by paying the following debts:
Name of
Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________
Additional pages have been added as D-1.
(b) The husband shall
pay the debts listed below. The wife is awarded a judgment against the husband
in the sum of $______. The husband can satisfy the judgment by paying the
following debts:
Name of
Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________
Additional pages have been added as D-2.
5. The wife shall have
her former legal name restored. The restored name is:
___________________.
The husband shall have
his former legal name restored. The restored name is:
___________________.
6. A judgment against (the
husband) (the wife) for court costs and service fees in the amount of $______
is awarded to (the husband) (the wife) (this state if fees were waived or
deferred).
DATED:
This ___ day of ____, 2__.
______________
CIRCUIT COURT JUDGE
______________________________________________________________________________
SECTION 16. ORS 108.130, as amended by section 63, chapter
702, Oregon Laws 2005, is amended to read:
108.130. At the time of
filing the petition for an order of support, the petitioner shall pay to the
clerk of the court a fee of $6, which shall cover all charges incident to the
filing of papers necessary to a complete determination of the matter and no
part of which shall be applied toward the library fund of the county. Payment
of the fee is subject to the provisions of [ORS
21.605] sections 1 to 7 of this 2007 Act applicable to waiver,
deferral and payment of fees.
SECTION 17. ORS 18.718 is amended to read:
18.718. (1)
Notwithstanding ORS 18.700 (2), if a writ of garnishment is issued pursuant to
ORS 25.083, the debtor may:
(a) Challenge the
enforcement of the past due support in the appropriate tribunal of the state
upon whose request the writ was issued as indicated in the writ of garnishment;
or
(b) File a challenge to
the garnishment with the court administrator for the court in the county in
which the property was located when the writ was delivered, if the debtor pays
the filing fee required for an appearance [under
ORS chapter 21] and files with the court administrator copies of the writ
of garnishment, the debt calculation form and the garnishee response delivered
to the debtor under ORS 18.658.
(2) When a challenge to
a garnishment is filed under this section, the court administrator shall enter
the filing in the court register and the court shall decide the challenge in
the manner provided by ORS 18.710.
(3) Immediately upon
receipt of a notice of a challenge to a garnishment under this section, the
issuer of the writ shall file with the court administrator a response to the
challenge, attaching copies of the writ of garnishment and garnishee response,
and any supporting documentation necessary or helpful to the court in making a
determination on the challenge.
SECTION 18. ORS 21.605 is repealed.
SECTION 18a. Notwithstanding section 19, chapter 129,
SECTION 18b. If House Bill 2357 becomes law, ORS 105.130,
as amended by section 55, chapter 702, Oregon Laws 2005, and section 8 of this
2007 Act, is amended to read:
105.130. (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 $13;
(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) After a complaint is
filed under subsection (2) of this section, if the defendant demands a trial,
the plaintiff shall pay an additional filing fee of $29 and the defendant shall
pay a filing fee of $33.
(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) In addition to the
fees charged under subsection (2) of this section, the clerk shall collect a
surcharge from the plaintiff at the time a complaint is filed that is subject
to the filing fees established by subsection (2) of this section and from a
defendant at the time a defendant demands a trial in the action. The surcharge
shall be deposited by the State Court Administrator into the State Treasury to
the credit of the Housing and Community Services Department Low Income Rental
Housing Fund established by ORS 458.350. The amount of the surcharge shall be
$10.
(7) A [paper] document or pleading shall
be filed by the clerk only if the fees and surcharges required under this
section are paid by the person filing the [paper]
document or pleading or if an application for a waiver or deferral of
fees and court costs is granted by the court under sections 1 to 7 of this 2007
Act. Fees and surcharges provided for in this section may not be refunded.
SECTION 18c. If Senate Bill 269 becomes law, section 15
of this 2007 Act (amending ORS 107.500) is repealed and ORS 107.500, as amended
by section 5, chapter 11, Oregon Laws 2007 (Enrolled Senate Bill 269), is
amended to read:
107.500. (1) The State
Court Administrator shall prescribe the content of forms for use under ORS
107.485 and 107.490, including forms related to the waiver or deferral of fees
and court costs under [ORS 21.605]
sections 1 to 7 of this 2007 Act, and an instructional brochure describing
the procedures set forth in ORS 107.485 and 107.490.
(2) Each circuit court
shall make available the appropriate forms and the instructional brochure
described in subsection (1) of this section.
SECTION 19. The section captions used in this 2007 Act
are provided only for the convenience of the reader and do not become part of
the statutory law of this state or express any legislative intent in the
enactment of this 2007 Act.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
__________