74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1039
B-Engrossed
House Bill 2331
Ordered by the House June 22
Including House Amendments dated May 9 and June 22
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary)
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.
{ - Increases legal aid filing fees for certain court
filings. Establishes legal aid filing fees for certain court
filings. - }
{ - Creates Court Facilities Planning Commission to study and
make recommendations on minimum standards for suitable and
sufficient state court facilities to be constructed or renovated
with state financial assistance. - }
{ - Imposes surcharges on specified court filing fees.
Appropriates funds collected under surcharges to State Court
Administrator to be used only for purposes of paying costs of
Court Facilities Planning Commission. - }
{ + Modifies certain court fees and imposes surcharge on
specified court filing fees.
Increases certain prevailing party fees.
Reduces dispute resolution surcharges.
Authorizes Chief Justice of Supreme Court to impose fees on
motions.
Creates Interim Committee on Court Facilities to evaluate
status of state court facilities, recommendations on standards
for reasonable and sufficient court facilities and develop
proposal for ensuring that needed improvements to court
facilities are made.
Creates Interim Committee on Court Technology to evaluate
technology transition plan of Judicial Department and make
recommendations on plan.
Appropriates moneys from General Fund to Legislative
Administration Committee for costs of interim committees.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to courts; creating new provisions; amending ORS 1.202,
18.999, 20.190, 21.010, 21.110, 21.111, 21.114, 21.325, 21.350,
21.480, 36.170, 36.520, 36.615, 46.570 and 105.130;
appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
RESPONDENT FEE INCREASES + }
SECTION 1. ORS 21.010, as amended by section 3, chapter 702,
Oregon Laws 2005, and section 33, chapter 843, Oregon Laws 2005,
is amended to read:
21.010. (1) Except as provided in subsection (2) of this
section, the appellant in an appeal or the petitioner in a
judicial review in the Supreme Court or the Court of Appeals
shall pay a filing fee of $154 in the manner prescribed by ORS
19.265. The respondent in such case and any other person
appearing in the appeal, upon entering first appearance or filing
first brief in the court, shall pay to the State Court
Administrator the sum of
{ - $105 - } { + $154 + }. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid.
(2) Filing and appearance fees shall not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction
relief proceedings under ORS 138.650, juvenile court under ORS
419A.200 and the involuntary commitment of allegedly mentally ill
persons under ORS 426.135 or allegedly mentally retarded persons
under ORS 427.295, or on judicial review of orders of the
Psychiatric Security Review Board under ORS 161.385 (9) or orders
of the State Board of Parole and Post-Prison Supervision.
(3) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(4) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
SECTION 2. ORS 21.110, as amended by section 11, chapter 702,
Oregon Laws 2005, is amended to read:
21.110. (1) Except as otherwise provided in this section, at
the time of filing in the circuit court of any civil action, suit
or proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of $107 as a flat and uniform filing fee. In addition, at the
time of filing any appearance in any such action, suit or
proceeding by any defendant or respondent appearing separately,
or upon the part of defendants or respondents appearing jointly,
the clerk shall collect from the party or parties the sum of
{ - $83 - } { + $107 + } as a flat and uniform filing fee.
(2) In the following actions, the clerk of the circuit court
shall collect the sum of $68 as a flat and uniform filing fee
from the plaintiff, appellant or moving party at the time the
action is filed, and shall collect the sum of { - $53 - } { +
$68 + } as a flat and uniform filing fee from any defendant or
respondent appearing separately, or upon the part of defendants
or respondents appearing jointly, at the time of filing any
appearance in the action:
(a) Actions for the recovery of money or damages only when the
amount claimed does not exceed $10,000.
(b) Actions for the recovery of specific personal property when
the value of the property claimed and the damages for the
detention do not exceed $10,000.
(c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader,
when the amount of money or the value of the property involved
does not exceed $10,000.
(f) Actions for injunctive relief under ORS chapter 90 when the
amount of any damages claimed does not exceed $10,000.
(3) The clerk of the court shall collect the sum of $300 as a
flat and uniform filing fee from the petitioner in a proceeding
under ORS 181.607 or 181.608, at the time the petition is filed.
Fees collected under this subsection shall be deposited into the
Judicial Department Operating Account established in ORS 1.009.
(4) For purposes of subsection (2) of this section, the amount
claimed, value of property, damages or any amount in controversy
does not include any amount claimed as costs and disbursements or
attorney fees as defined by ORCP 68 A.
(5) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid by the person filing the
paper or pleading, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be
refunded to any party. The uniform fee shall cover all services
to be performed by the court or clerk in any such action, suit or
proceeding, except where additional fees are specially authorized
by law.
(6) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (2) of this section
must include in the caption of the pleading the following words:
' Claim of not more than $10,000. '
(7) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child
under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
(f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by
a party who has appeared in the action or proceeding.
(8) The fees described in this section shall not be charged to
a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
SECTION 3. ORS 21.111, as amended by section 15, chapter 702,
Oregon Laws 2005, is amended to read:
21.111. (1) In the proceedings specified in subsection (2) of
this section, the clerk of the circuit court shall collect the
sum of $99 as a flat and uniform filing fee from the petitioner
at the time the petition is filed, and shall collect the sum of
{ - $51 - } { + $80 + } as a flat and uniform filing fee from
the respondent upon the respondent making an appearance.
(2) The filing { - fee - } { + fees + } established by
subsection (1) of this section shall be collected by the clerk in
the following proceedings:
(a) Proceedings for dissolution of marriage, annulment of
marriage or separation.
(b) Filiation proceedings under ORS 109.124 to 109.230.
(c) Proceedings to determine custody or support of a child
under ORS 109.103.
(3) In addition to all other fees collected, the clerk of the
circuit court shall collect from the moving party a fee of $50 at
the time of the filing of a motion after entry of a judgment of
marital annulment, dissolution or separation. A fee of
{ - $35 - } { + $40 + } shall be charged to the responding
party at the time a response is filed to the motion. The fee
provided for in this subsection does not apply to any pleading
under ORCP 68, 69 or 71.
(4) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid or if a request for a fee
waiver or deferral is granted by the court. No part of any such
filing fee shall be refunded to any party. The uniform fee shall
cover all services to be performed by the court or clerk in any
of the proceedings, except where additional fees are specially
authorized by law.
(5) Any petitioner or respondent that files a petition or
appearance that is subject to the filing fees established under
subsection (1) of this section must include in the caption of the
pleading the following words: 'Domestic relations case subject to
fee under ORS 21.111. '
(6) The fees described in this section shall not be charged to
a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
SECTION 4. ORS 21.114, as amended by section 19, chapter 702,
Oregon Laws 2005, is amended to read:
21.114. (1) In a court having jurisdiction, the clerk of the
court shall charge and collect:
(a) In an adoption proceeding, a first appearance fee of $39
from the party filing the petition for adoption, and a first
appearance fee of { - $23 - } { + $39 + } from an objecting
party appearing separately or objecting parties appearing
jointly.
(b) In a change of name proceeding, a first appearance fee of
$39 from the party filing the application for change of name, and
a first appearance fee of { - $23 - } { + $39 + } from an
objecting party appearing separately or objecting parties
appearing jointly.
(2) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid or if a request for a fee
waiver or deferral is granted by the court.
(3) In any adoption or change of name proceeding in a court
having jurisdiction, the clerk of the court shall charge and
collect in advance from the party having the affirmative of the
issue, at the time the proceeding comes on for trial or hearing
upon the issues of fact or law involved therein, a trial or
hearing fee of $39.
SECTION 5. ORS 36.520, as amended by section 43, chapter 702,
Oregon Laws 2005, is amended to read:
36.520. (1) Recourse to a court against an arbitral award may
only be by an application for setting aside in accordance with
subsections (2) and (3) of this section.
(2) An arbitral award may be set aside by the circuit court
only if:
(a) The party making application furnishes proof that:
(A) A party to the arbitration agreement referred to in ORS
36.466 was under some incapacity or that the agreement is not
valid under the law to which the parties have subjected it or,
failing any indication thereon, under the laws of the State of
Oregon or the United States;
(B) The party making the application was not given proper
notice of the appointment of an arbitrator or of the arbitral
proceedings or was otherwise unable to present the party's case;
(C) The award deals with a dispute not contemplated by or not
falling within the terms of the submission to arbitration or
contains decisions on matters beyond the scope of the submission
to arbitration, provided that, if the decisions on matters not
submitted to arbitration can be separated from those not so
submitted, only that part of the award which contains decisions
on matters not submitted to arbitration may be set aside; or
(D) The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of the
parties, unless such agreement was in conflict with a provision
of ORS 36.450 to 36.558 from which the parties cannot derogate,
or, failing such agreement, was not in accordance with ORS 36.450
to 36.558; or
(b) The circuit court finds that:
(A) The subject matter of the dispute is not capable of
settlement by arbitration under the laws of the State of Oregon
or of the United States; or
(B) The award is in conflict with the public policy of the
State of Oregon or of the United States.
(3) An application for setting aside may not be made after
three months have elapsed from the date on which the party making
that application had received the award or, if a request had been
made under ORS 36.518, from the date on which that request had
been disposed of by the arbitral tribunal.
(4) The circuit court, when asked to set aside an arbitral
award, may, where appropriate and so requested by a party,
suspend the setting aside proceedings for a period of time
determined by it in order to give the arbitral tribunal an
opportunity to resume the arbitral proceedings or to take such
other action as in the arbitral tribunal's opinion will eliminate
the grounds for setting aside.
(5) The clerk of the circuit court shall collect from the party
making application for setting aside under subsection (1) of this
section a filing fee of $39 and from a party filing an appearance
in opposition to the application a filing fee of { - $23 - }
{ + $39 + }. However, if the application relates to an arbitral
award made following an application or request to a circuit court
under any section of ORS 36.450 to 36.558 in respect to which the
parties have paid filing fees under ORS 21.110, filing fees shall
not be collected under this subsection. An application for
setting aside or an appearance in opposition thereto shall not be
deemed filed unless the fee required by this subsection is paid
by the filing party.
SECTION 6. ORS 36.615, as amended by section 47, chapter 702,
Oregon Laws 2005, is amended to read:
36.615. (1)(a) Except as otherwise provided in ORS 36.730, an
application for judicial relief under ORS 36.600 to 36.740 must
be made by petition to the court. Except as otherwise provided in
this subsection, a person filing the first petition relating to
an agreement to arbitrate or relating to an arbitration
proceeding must pay the filing fee provided by ORS 21.110 (1) for
plaintiffs, and persons responding to the petition must pay the
filing fee provided by ORS 21.110 (1) for defendants. If
subsequent petitions are filed relating to the same agreement to
arbitrate or arbitration proceeding, no additional filing fees
shall be required of the parties.
(b) If the first petition relating to an arbitration proceeding
is a petition to seek confirmation, vacation, modification or
correction of an award under ORS 36.700, 36.705 or 36.710, the
person filing the petition must pay a fee of $39, and a person
filing an appearance in opposition to the petition must pay a
filing fee of { - $23 - } { + $39 + }.
(c) If a civil action is pending relating to the same dispute
that is the subject of the arbitration, and filing fees were paid
for that action under ORS 21.110, filing fees may not be charged
under this subsection for the filing of any petition under ORS
36.600 to 36.740.
(2) Unless a civil action involving the agreement to arbitrate
is pending, notice of a first petition to the court under ORS
36.600 to 36.740, must be served in the manner provided by ORCP 7
D. Otherwise, notice of the petition must be given in the manner
provided by ORCP 9.
SECTION 7. ORS 46.570, as amended by section 51, chapter 702,
Oregon Laws 2005, is amended to read:
46.570. (1) In the small claims department of circuit court
there shall be charged and collected in civil cases by the clerk
of the court the following fees for the following purposes and
services:
(a)(A) Plaintiff filing a claim, $26 when the amount or value
claimed does not exceed $1,500, and $55 when the amount or value
claimed exceeds $1,500; and
(B) Defendant demanding a hearing, { - $21 - } { + $24 + }
when the amount or value claimed by plaintiff does not exceed
$1,500, and { - $43 - } { + $50 + } when the amount or value
claimed by plaintiff exceeds $1,500.
(b) Transcription of judgment from small claims department, $7.
(c) Transfer of cause to circuit court on counterclaim, $12.
(2) Except as otherwise provided in subsection (1) of this
section, fees provided for in this section shall be collected in
advance. A paper or pleading shall be filed by the clerk only if
the required fee is paid or if a request for a fee waiver or
deferral is granted by the court. Fees provided for in this
section may not be refunded.
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 - } { + $42 + }.
(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.
SECTION 9. { + The amendments to ORS 21.010, 21.110, 21.111,
21.114, 36.520, 36.615, 46.570 and 105.130 by sections 1 to 8 of
this 2007 Act apply only to filings made on or after September 1,
2007. + }
{ +
FEES FOR WRITS OF GARNISHMENT + }
SECTION 10. ORS 21.325, as amended by section 35, chapter 702,
Oregon Laws 2005, is amended to read:
21.325. In the circuit court there shall be charged and
collected in advance by the clerk of the court the following fees
for the following purposes and services:
(1) Making transcription of a judgment entered in the register,
$7.
(2) Filing and entering transcript of judgment, $7.
(3) Filing copy of foreign judgment and affidavit filed as
provided in ORS 24.115 and 24.125 or copy of child custody
determination of another state filed as provided in ORS 109.787,
$39.
(4) Issuing writs of execution or writs of garnishment,
{ - $7 - } { + $12 + } for each writ.
(5) Preparing a certified copy of a satisfaction document under
ORS 18.225 (5), $6.
(6) Issuing an order under ORS 18.265 requiring a judgment
debtor to appear when the order is issued by any court other than
the court in which the original judgment was entered, $4.
(7) Issuing notices of restitution as provided in ORS 105.151,
$3 for each notice.
(8) For any service the clerk may be required or authorized to
perform and for which no fee is provided by law, such fees as the
Chief Justice of the Supreme Court may establish or authorize,
except that a fee may not be charged for location or inspection
of court records.
SECTION 11. ORS 18.999, as amended by section 31 of this 2007
Act, is amended to read:
18.999. This section establishes the right of a plaintiff to
recover certain moneys the plaintiff has expended to recover a
debt under ORS 18.854 or to enforce a judgment and establishes
procedures for that recovery. The following apply to this
section:
(1) When a plaintiff receives moneys under a garnishment,
attachment or payment, the plaintiff may proceed as follows:
(a) Before crediting the total amount of moneys received
against the judgment or debt, the plaintiff may recover and keep
from the total amount received under the garnishment, attachment
or payment any moneys allowed to be recovered under this section.
(b) After recovering moneys as allowed under paragraph (a) of
this subsection, the plaintiff shall credit the remainder of the
moneys received against the judgment or debt as provided by law.
(2) Moneys recovered under subsection (1)(a) of this section
shall not be considered moneys paid on and to be credited against
the original judgment or debt sought to be enforced. No
additional judgment is necessary to recover moneys in the manner
provided in subsection (1)(a) of this section.
(3) The only moneys a plaintiff may recover under subsection
(1)(a) of this section are those described in subsection (4) of
this section that the plaintiff has paid to enforce the existing
specific judgment or debt that the specific garnishment or
attachment was issued to enforce or upon which the payment was
received. Moneys recoverable under subsection (1)(a) of this
section remain recoverable and, except as provided under
subsection (8) of this section, may be recovered from moneys
received by the plaintiff under subsequent garnishments,
attachments or payments on the same specific judgment or debt.
(4) This section allows the recovery only of the following:
(a) Statutorily established moneys that meet the requirements
under subsection (3) of this section, as follows:
(A) Garnishee's search fees under ORS 18.790.
(B) Fees for delivery of writs of garnishment under ORS 18.652.
(C) Circuit court fees as provided under ORS 21.325.
(D) County court fees as provided under ORS 5.125.
(E) County clerk recording fees as provided in ORS 205.320.
(F) Actual fees or disbursements made under ORS 21.410.
(G) Costs of execution as provided in ORS 105.112.
(H) Fees paid to an attorney for issuing a garnishment in an
amount not to exceed { - $7 - } { + $12 + } for each
garnishment.
(I) Costs of an execution sale as described in ORS 18.950 (2).
(J) Fees paid under section 29 of this 2007 Act for motions and
responses to motions filed after entry of a judgment.
(b) Interest on the amounts specified in paragraph (a) of this
subsection at the rate provided for judgments in ORS 82.010 for
the period of time beginning with the expenditure of the amount
and ending upon recovery of the amount under this section.
(5) The plaintiff shall be responsible for doing all of the
following:
(a) Maintaining a precise accounting of moneys recovered under
subsection (1)(a) of this section and making the accounting
available for any proceeding relating to that judgment or debt.
(b) Providing reasonable notice to the defendant of moneys the
plaintiff recovers under subsection (1)(a) of this section.
(6) Moneys recovered under subsection (1)(a) of this section
remain subject to all other provisions of law relating to
payments, or garnished or attached moneys including, but not
limited to, those relating to exemption, claim of exemption,
overpayment and holding periods.
(7) Nothing in this section limits the right of a plaintiff to
recover moneys described in this section or other moneys in any
manner otherwise allowed by law.
(8) A writ of garnishment or attachment is not valid if issued
solely to recover moneys recoverable under subsection (1)(a) of
this section unless the right to collect the moneys is first
reduced to a judgment or to a debt enforceable under ORS 18.854.
SECTION 12. { + The amendments to ORS 18.999 and 21.325 by
sections 10 and 11 of this 2007 Act apply only to writs of
execution and writs of garnishment issued on or after September
1, 2007. + }
{ +
LAW LIBRARY FEES + }
SECTION 13. ORS 21.350 is amended to read:
21.350. (1) In counties containing more than 400,000
inhabitants, according to the latest federal decennial census, or
when directed as provided in ORS 9.840, the clerk of the court
shall collect in each civil suit, action or proceeding filed in
the circuit or county court a law library fee determined by the
county court or board of county commissioners in an amount not
greater than { - 33 - } { + 28 + } percent of the filing fee
provided by law, except that the amount shall be rounded up to
the next full dollar.
(2) The fees provided for in this section shall be collected in
the same manner as other fees are collected in the suit, action
or proceeding, and is in addition to the other fees provided by
law.
(3) The fee provided in subsection (1) of this section may be
collected if the county owns and maintains, or hereafter may
acquire, own or maintain under the provisions of ORS 9.840 and
9.850, a law library at the county seat, available at all
reasonable times to the use of litigants, and permitted to be
used by all attorneys at law duly admitted to practice in this
state, without additional fees to such litigants or attorneys.
(4) For the purpose of imposing the law library fee provided
for in this section in cases that are subject to the filing fees
established by ORS 105.130, the percentage figure provided for
under subsection (1) of this section shall be applied to the sum
of the fee established by ORS 105.130 (2) and the surcharge
established under ORS 105.130 (6). If the defendant demands a
trial in the action, the percentage figure provided for under
subsection (1) of this section shall be applied to the additional
filing fee required of the plaintiff under ORS 105.130 (3), and
to the sum of the filing fee required of the defendant under ORS
105.130 (3) and the surcharge established under ORS 105.130 (6).
SECTION 14. { + The amendments to ORS 21.350 by section 13 of
this 2007 Act apply only to court filings made on or after
September 1, 2007. + }
{ +
FILING FEE SURCHARGES + }
SECTION 15. { + (1) In addition to the fees provided for in
ORS 21.010 (1), for the period commencing September 1, 2007, and
ending June 30, 2009, at the time of filing a response in the
Court of Appeals or the Supreme Court, the State Court
Administrator shall collect a surcharge of $8.
(2)(a) In addition to the fees provided for in ORS 21.110 (1),
for the period commencing September 1, 2007, and ending June 30,
2009, at the time of filing in the circuit court of any civil
action, suit or proceeding, including appeals, the clerk of the
circuit court shall collect from the plaintiff, appellant or
moving party a surcharge of $5. In addition, at the time of
filing any appearance in any such action, suit or proceeding upon
the part of any defendant or respondent appearing separately, or
upon the part of defendants or respondents appearing jointly, the
clerk shall collect from the party or parties a surcharge of $4.
(b) In addition to the fees provided for in ORS 21.110 (2), for
the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the circuit court shall collect a surcharge of
$3 from the plaintiff, appellant or moving party, and shall
collect a surcharge of $3 from any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, in the actions described in ORS
21.110 (2).
(3)(a) In addition to the fees provided for in ORS 21.111 (1),
for the period commencing September 1, 2007, and ending June 30,
2009, in the proceedings specified in ORS 21.111 (2) the clerk of
the circuit court shall collect a surcharge of $5 from the
petitioner at the time the petition is filed, and shall collect a
surcharge of $3 from the respondent upon the respondent making an
appearance.
(b) In addition to the fees provided for in ORS 21.111 (3), for
the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the circuit court shall collect from the
moving party a surcharge of $3 at the time of the filing of a
motion for the modification of a decree of marital annulment,
dissolution or separation, if the motion is filed more than one
year after the entry of the decree in the register of the court.
(4) In addition to the fees provided for ORS 21.114 (1), for
the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the court shall collect:
(a) In an adoption proceeding, a surcharge of $2 from the party
filing the petition for adoption and a surcharge of $1 from an
objecting party appearing separately or objecting parties
appearing jointly.
(b) In a change of name proceeding, a surcharge of $2 from the
party filing the application for change of name and a surcharge
of $1 from an objecting party appearing separately or objecting
parties appearing jointly.
(5) In addition to the fee provided for in ORS 21.114 (3), for
the period commencing September 1, 2007, and ending June 30,
2009, in any adoption or change of name proceeding in a court
having jurisdiction, the clerk of the court shall collect from
the party having the affirmative of the issue, at the time the
proceeding comes on for trial or hearing upon the issues of fact
or law involved therein, a surcharge of $2.
(6)(a) In addition to the trial fee provided for in ORS 21.270
(2), for the period commencing September 1, 2007, and ending June
30, 2009, the clerk of the circuit court shall collect from the
plaintiff, appellant or moving party, for a trial on the merits
without a jury, a surcharge on the trial fee of $4 for each full
or partial day of the trial.
(b) In addition to the jury trial fee provided for in ORS
21.270 (3), for the period commencing September 1, 2007, and
ending June 30, 2009, the clerk shall collect from the plaintiff
or appellant, for a trial by a jury of more than six persons, a
surcharge on the jury trial fee of $10 for each full or partial
day of the trial. The clerk shall collect from the plaintiff or
appellant, for a trial by a jury of six persons, a surcharge on
the jury trial fee of $6 for each full or partial day of the
trial.
(7) In addition to the hearing fee provided for in ORS 21.275
(3), for the period commencing September 1, 2007, and ending June
30, 2009, the clerk of the circuit court shall collect a
surcharge on the hearing fee of $2 if the hearing period is not
more than three hours or $4 if the hearing period is more than
three hours.
(8)(a) In addition to the fees provided for in ORS 21.310 (1),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the court shall collect the following
surcharges for the filing of the initial papers in any probate
proceeding, including petitions for the appointment of personal
representatives, probate of wills and contest of wills, or in any
conservatorship proceeding: + }
________________________________________________________________
{ + Where the amount of the estate is:
1. Not more than $10,000--a surcharge of $1.
2. More than $10,000 and not more than $25,000--a surcharge of
$4.
3. More than $25,000 and not more than $50,000--a surcharge of
$8.
4. More than $50,000 and not more than $100,000--a surcharge of
$12.
5. More than $100,000 and not more than $500,000--a surcharge
of $15.
6. More than $500,000 and not more than $1,000,000--a surcharge
of $19.
7. More than $1,000,000--a surcharge of $23. + }
________________________________________________________________
{ + (b) In addition to the fee provided for in ORS 21.310
(3), for the period commencing September 1, 2007, and ending June
30, 2009, the clerk shall collect a surcharge of $1 for the
filing of the initial papers in any guardianship proceeding.
(c) In addition to the fee provided for in ORS 21.310 (5), for
the period commencing September 1, 2007, and ending June 30,
2009, at the time of filing any answer, motion or objection in a
probate proceeding or protective proceeding under ORS chapter
125, the party filing the answer, motion or objection shall pay a
surcharge of $1 to the clerk.
(d) In addition to the fee provided for in ORS 21.310 (7), for
the period commencing September 1, 2007, and ending June 30,
2009, the clerk shall collect from the party having the
affirmative of the issue, at the time the proceeding comes on for
trial or hearing upon the issues of fact or law involved therein,
a surcharge on the trial or hearing fee of $2.
(9) In addition to the fees provided for in ORS 21.325 (3), for
the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the court shall collect a surcharge of $2 for
the filing of a copy of foreign judgment and affidavit filed as
provided in ORS 24.115 and 24.125 or the filing of a copy of
child custody determination of another state filed as provided in
ORS 109.787.
(10) In addition to the fee provided for in ORS 34.340, for the
period commencing September 1, 2007, and ending June 30, 2009,
the clerk of the court shall collect a surcharge of $1 upon the
filing of a petition for a writ of habeas corpus.
(11) In addition to the fees provided for in ORS 36.520 (5),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the circuit court shall collect from the party
making application for setting aside under ORS 36.520 (1) a
surcharge of $2 and from a party filing an appearance in
opposition to the application a surcharge of $1.
(12) In addition to the fee provided for in ORS 36.522 (3), for
the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the circuit court shall collect a surcharge of
$1 for the filing of an arbitral award or application for
enforcement of an arbitral award under ORS 36.522.
(13) In addition to the fee provided for in ORS 36.524 (1), for
the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the circuit court shall collect a surcharge of
$1 for the filing under ORS 36.524 (1).
(14) In addition to the fee provided for in ORS 36.615 (1)(b),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the circuit court shall collect a surcharge of
$2 upon the filing of a petition to seek confirmation, vacation,
modification or correction of an award under ORS 36.700, 36.705
or 36.710, and a surcharge of $1 from a person filing an
appearance in opposition to the petition.
(15) In addition to the fees provided for in ORS 46.570 (1),
for the period commencing September 1, 2007, and ending June 30,
2009, in the small claims department of a circuit court the clerk
of the court shall collect:
(a) A $1 surcharge when a plaintiff files a claim and the
amount or value claimed does not exceed $1,500;
(b) A $2 surcharge when a plaintiff files a claim and the
amount or value claimed exceeds $1,500;
(c) A $1 surcharge when a defendant demands a hearing and the
amount or value claimed by the plaintiff does not exceed $1,500;
and
(d) A $2 surcharge when a defendant demands a hearing and the
amount or value claimed by the plaintiff exceeds $1,500.
(16)(a) In addition to the fees provided for in ORS 105.130
(2), for the period commencing September 1, 2007, and ending June
30, 2009, upon filing a complaint in the case of a dwelling unit
to which ORS chapter 90 applies, the clerk of the court shall
collect a surcharge of $3.
(b) In addition to the fees provided for in ORS 105.130 (3),
for the period commencing September 1, 2007, and ending June 30,
2009, if the defendant demands a trial after a complaint is filed
under ORS 105.130 (2), the plaintiff shall pay a surcharge of $2.
(17) In addition to the fee provided for in ORS 107.434 (1),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the court shall collect a surcharge of $3 upon
the filing of a motion seeking enforcement of a parenting time
order or a substantial violation of a parenting plan.
(18) In addition to the fee provided for in ORS 112.820 (1)(d),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the probate court shall collect a surcharge of
$1 for filing of an affidavit under ORS 112.820 (1).
(19) In addition to the fee provided for in ORS 114.515 (6),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the probate court shall collect a surcharge of
$1 upon the filing of an affidavit under ORS 114.515.
(20) In addition to the fee provided for in ORS 130.200 (8)(a),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the circuit court shall collect a surcharge of
$3 for the filing of an agreement or memorandum of agreement
under ORS 130.200 (6) and a surcharge of $2 for the filing of
objections under ORS 130.200 (7).
(21) In addition to the fee provided for in ORS 138.560, for
the period commencing September 1, 2007, and ending June 30,
2009, a petitioner shall pay a surcharge of $1 at the time of
filing a petition under ORS 138.560.
(22) In addition to the fee provided for in ORS 166.274, for
the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the court shall collect a surcharge of $5 for
the filing of a petition for relief under ORS 166.274.
(23) In addition to the fee provided for in ORS 419B.555 (6),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the court shall collect a surcharge of $4 for
each application for emancipation under ORS 419B.555. + }
{ +
PREVAILING PARTY FEES + }
SECTION 16. ORS 20.190 is amended to read:
20.190. (1) Except as provided in subsections (2) to (5) of
this section, a prevailing party in a civil action or proceeding
who has a right to recover costs and disbursements in the
following cases also has a right to recover, as a part of the
costs and disbursements, the following additional amounts:
(a) In the Supreme Court or Court of Appeals, on an appeal,
$100.
(b) In a circuit court:
(A) When judgment is given without trial of an issue of law or
fact or on an appeal, $60; or
(B) When judgment is given after trial of an issue of law or
fact, $85.
(c) In a small claims department, a county court or justice
court, one-half of the amount provided for in paragraph (b) of
this subsection.
(2) In lieu of the prevailing party fee provided for in
subsection (1) of this section, in any civil action or proceeding
in which recovery of money or damages is sought, a prevailing
party who has a right to recover costs and disbursements also has
a right to recover, as a part of the costs and disbursements, the
following additional amounts:
(a) In a circuit court:
(A) When judgment is given without trial of an issue of law or
fact, $275; or
(B) When judgment is given after trial of an issue of law or
fact, $550.
(b) In a small claims department, a county court or justice
court:
(A) When judgment is given without trial of an issue of law or
fact, { - $75 - } { + $85 + }; or
(B) When judgment is given after trial of an issue of law or
fact, $100.
(3) In addition to the amounts provided for in subsection (2)
of this section, in any civil action or proceeding in a circuit
court in which recovery of money or damages is sought, the court
may award to the prevailing party up to an additional $5,000 as a
prevailing party fee. The court shall consider the following
factors in making an award under the provisions of this
subsection:
(a) The conduct of the parties in the transactions or
occurrences that gave rise to the litigation, including any
conduct of a party that was reckless, willful, malicious, in bad
faith or illegal.
(b) The objective reasonableness of the claims and defenses
asserted by the parties.
(c) The extent to which an award of a larger prevailing party
fee in the case would deter others from asserting good faith
claims or defenses in similar cases.
(d) The extent to which an award of a larger prevailing party
fee in the case would deter others from asserting meritless
claims and defenses.
(e) The objective reasonableness of the parties and the
diligence of the parties and their attorneys during the
proceedings.
(f) The objective reasonableness of the parties and the
diligence of the parties in pursuing settlement of the dispute.
(g) Any award of attorney fees made to the prevailing party as
part of the judgment.
(h) Such other factors as the court may consider appropriate
under the circumstances of the case.
(4) Nonprevailing parties are jointly liable for the prevailing
party fees provided for in this section. A court may not award
more than one prevailing party fee to a prevailing party under
this section, or more than one prevailing party fee against a
nonprevailing party regardless of the number of parties in the
action, and, upon being paid the amount of the award, the
prevailing party may not seek recovery of any additional amounts
under the provisions of this section from any other nonprevailing
party.
(5) In any appeal from the award or denial of a prevailing
party fee under subsection (2) of this section, the court
reviewing the award may not modify the decision of the court in
making or denying an award, or the decision of the court as to
the amount of the award, except upon a finding of an abuse of
discretion.
(6) The prevailing party fees provided for in this section may
not be awarded in the following proceedings:
(a) A class action proceeding under ORCP 32.
(b) A condemnation proceeding.
(c) Proceedings under the provisions of ORS chapters 25, 107,
108, 109 and 110.
(7) Mandatory arbitration under ORS 36.400 to 36.425 does not
constitute a trial of an issue of law or fact for the purposes of
this section.
SECTION 17. { + The amendments to ORS 20.190 by section 16 of
this 2007 Act apply only to judgments entered on or after
September 1, 2007. + }
{ +
INTERIM COMMITTEE ON COURT FACILITIES + }
SECTION 18. { + (1) There is created the Interim Committee on
Court Facilities, consisting of members appointed by the
President of the Senate and the Speaker of the House of
Representatives. The Chief Justice of the Supreme Court, the
Association of Oregon Counties and the Oregon State Bar shall
designate liaisons to the committee.
(2) The interim committee shall evaluate the status of state
court facilities, make recommendations to the Seventy-fifth
Legislative Assembly on standards for reasonable and sufficient
court facilities and the cost of meeting those standards, and
develop a proposal for ensuring that needed improvements to court
facilities are made.
(3) A majority of the members of the interim committee
constitutes a quorum for the transaction of business.
(4) Official action by the interim committee requires the
approval of a majority of the members of the interim committee.
(5) The interim committee shall elect one of its members to
serve as chairperson.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The interim committee shall meet at times and places
specified by the call of the chairperson or of a majority of the
members of the interim committee.
(8) The interim committee may adopt rules necessary for the
operation of the interim committee.
(9) The interim committee shall report to the Legislative
Assembly in the manner provided in ORS 192.245 at any time within
30 days after its final meeting or at such later time as the
President and Speaker may designate.
(10) The Legislative Administrator may employ persons necessary
for the performance of the functions of the interim committee.
The administrator shall fix the duties and amounts of
compensation of these employees. The interim committee shall use
the services of permanent legislative staff to the greatest
extent practicable.
(11) All agencies of state government, as defined in ORS
174.111, are directed to assist the interim committee in the
performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and
advice as the members of the interim committee consider necessary
to perform their duties. The Oregon Department of Administrative
Services shall provide technical support to the committee. + }
SECTION 19. { + Section 18 of this 2007 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
SECTION 20. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Legislative
Administration Committee, for the biennium beginning July 1,
2007, out of the General Fund, the amount of $600,000, which may
be expended for the costs of the Interim Committee on Court
Facilities created under section 18 of this 2007 Act. + }
{ +
INTERIM COMMITTEE ON COURT TECHNOLOGY + }
SECTION 21. { + (1) There is created the Interim Committee on
Court Technology, consisting of members appointed by the
President of the Senate and the Speaker of the House of
Representatives. The Chief Justice of the Supreme Court and the
Oregon State Bar shall designate liaisons to the committee.
(2) The interim committee shall evaluate the technology
transition plan of the Judicial Department and shall make
recommendations at the next regular or special session of the
Legislative Assembly on the department's strategic plan,
deliverables under the plan, costs of the plan, funding of the
plan and oversight of the department's technology initiatives.
(3) A majority of the members of the interim committee
constitutes a quorum for the transaction of business.
(4) Official action by the interim committee requires the
approval of a majority of the members of the interim committee.
(5) The interim committee shall elect one of its members to
serve as chairperson.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The interim committee shall meet at times and places
specified by the call of the chairperson or of a majority of the
members of the interim committee.
(8) The interim committee may adopt rules necessary for the
operation of the interim committee.
(9) The interim committee shall report to the Legislative
Assembly in the manner provided in ORS 192.245 at any time within
30 days after its final meeting or at such later time as the
President and Speaker may designate.
(10) The Legislative Administrator may employ persons necessary
for the performance of the functions of the interim committee,
including but not limited to a technical expert to assist the
committee in evaluating the Judicial Department's technology
transition plan and making recommendations on the plan and its
implementation. The administrator shall fix the duties and
amounts of compensation of these employees. The interim committee
shall use the services of permanent legislative staff to the
greatest extent practicable.
(11) All agencies of state government, as defined in ORS
174.111, are directed to assist the interim committee in the
performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and
advice as the members of the interim committee consider necessary
to perform their duties. The Oregon Department of Administrative
Services shall provide technical support to the committee. + }
SECTION 22. { + Section 21 of this 2007 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
SECTION 23. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Legislative
Administration Committee, for the biennium beginning July 1,
2007, out of the General Fund, the amount of $150,000, which may
be expended for the expenses of the Interim Committee on Court
Technology created under section 21 of this 2007 Act. + }
{ +
LEGAL AID FEES + }
SECTION 24. ORS 21.480 is amended to read:
21.480. (1) In all counties wherein legal representation is
provided for the poor without fee by a nonprofit legal aid
program operating under the Legal Services Program established
pursuant to ORS 9.572, the clerk of the circuit court shall
collect the fees provided for in subsection (2) of this section
to assist in defraying the operating costs of the legal aid
program and to fund mediation programs offered through the State
Department of Agriculture. The fees provided for in subsection
(2) of this section are in addition to all other fees collected
by the clerk of the court and shall be collected by the clerk in
the same manner that other fees are collected by the clerk.
(2) The clerk shall collect the following fees from the
plaintiff or other moving party in each civil suit, action or
proceeding in the circuit court when the plaintiff or party files
the first paper in the suit, action or proceeding, and from a
defendant or respondent when the defendant or respondent files an
appearance in the suit, action or proceeding:
(a) { - $9.50 - } { + $10.50 + }, for filings in the small
claims department of a circuit court.
(b) { - $18 - } { + $20 + }, upon the filing of a complaint
that is subject to the filing fee established under ORS 105.130
(2). If the defendant demands a trial, the clerk shall collect a
fee of { - $38 - } { + $41 + } from the defendant, and an
additional fee of { - $21 - } { + $23 + } from the plaintiff.
In no event shall the plaintiff in an action subject to the
filing fee established under ORS 105.130 be required to pay a
total fee of more than { - $39 - } { + $43 + } under the
provisions of this subsection.
(c) { - $33 - } { + $35 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.111.
(d) { - $30 - } { + $32 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (2).
(e) { - $38 - } { + $41 + }, for any other filings in a
circuit court not specifically provided for in this subsection,
including all probate proceedings, protective proceedings under
ORS chapter 125, adoption proceedings and change of name
proceedings.
(3) In addition to the fees provided for in ORS 21.010, the
State Court Administrator shall collect a fee of { - $55 - }
{ + $58 + } from an appellant or petitioner whenever a filing
fee is collected under ORS 21.010 and a fee of { - $15 - }
{ + $18 + } from each respondent whenever an appearance fee is
collected under ORS 21.010.
(4) All fees collected by the clerk under this section shall be
deposited with the State Court Administrator. All fees collected
under this section shall be distributed in the manner provided by
ORS 9.574.
(5) Ten percent of the funds deposited with the State Court
Administrator under this section shall be transferred by the
State Court Administrator on a monthly basis to the State
Department of Agriculture, until such time as the amount
specified under subsection (6) of this section has been
transferred to the State Department of Agriculture for the
biennium. Moneys transferred to the State Department of
Agriculture under this section are continuously appropriated to
the department and may be used by the department only for the
purpose of funding mediation programs established by the
department. Moneys appropriated to the department under this
subsection may not be used by the department to fund the costs of
conducting individual farm credit mediations. The department
shall consult with the director of the Mark O. Hatfield School
of Government in establishing and operating mediation programs
funded under this subsection.
(6) The amount transferred by the State Court Administrator to
the State Department of Agriculture under subsection (5) of this
section may not exceed $150,000 in any biennium.
SECTION 25. { + The amendments to ORS 21.480 by section 24 of
this 2007 Act apply only to filings made in circuit courts on or
after July 1, 2009. + }
{ +
DISPUTE RESOLUTION SURCHARGE + }
SECTION 26. ORS 36.170 is amended to read:
36.170. (1) The clerks of the circuit courts shall collect a
dispute resolution surcharge at the time a civil action, suit or
proceeding is filed, including appeals. The surcharge shall be
collected from a plaintiff or petitioner at the time the
proceeding is filed. The surcharge shall be collected from a
defendant or respondent upon making appearance. The amount of the
surcharge shall be:
(a) { - $9 - } { + $6 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (1), 21.310 or any other filing fee not specifically
provided for in this section.
(b) { - $7 - } { + $5 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (2) or 105.130, or if the action is filed in the small
claims department of circuit court and the amount or value
claimed exceeds $1,500.
(c) { - $5 - } { + $3 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.111.
(d) { - $3 - } { + $2, + } if the action is filed in the
small claims department of circuit court and the amount or value
claimed does not exceed $1,500.
(2) All surcharges collected under this section shall be
deposited by the State Court Administrator into the State
Treasury to the credit of the General Fund.
SECTION 27. { + The amendments to ORS 36.170 by section 26 of
this 2007 Act apply only to filings made in circuit courts on or
after July 1, 2009. + }
{ +
FEES ON MOTIONS + }
SECTION 28. { + Section 29 of this 2007 Act is added to and
made a part of ORS chapter 21. + }
SECTION 29. { + (1) In any action, suit or proceeding subject
to a fee under ORS 21.110, or in any civil appeal or petition
subject to a fee under ORS 21.010, the Chief Justice of the
Supreme Court may require that a $50 fee be paid at the time of
filing a motion identified by the Chief Justice as being subject
to a fee under this section. If the Chief Justice has identified
a motion as being subject to a fee under this section, the
responding party must file a fee of $35 upon the filing of a
response to the motion. The Chief Justice by order shall identify
motions that are subject to fees under this section.
(2) The fees provided for in this section may not be collected
from the state, a county, a city or a school district.
(3) The fees provided for in this section may not be collected
for motions for judgment by voluntary dismissal under ORCP 54
A(1), for motions for judgment by written stipulation under ORCP
67 F or for motions for entry of default judgment under ORCP 69
B(1).
(4) The fees provided for in this section may not be collected
for motions made to an arbitrator or mediator in an arbitration
or mediation required or offered by a court, or to any motion
relating to an arbitration or mediation required or offered by a
court. + }
SECTION 30. { + Section 29 of this 2007 Act applies only to
motions and responses to motions filed on or after September 1,
2007. + }
SECTION 31. ORS 18.999 is amended to read:
18.999. This section establishes the right of a plaintiff to
recover certain moneys the plaintiff has expended to recover a
debt under ORS 18.854 or to enforce a judgment and establishes
procedures for that recovery. The following apply to this
section:
(1) When a plaintiff receives moneys under a garnishment,
attachment or payment, the plaintiff may proceed as follows:
(a) Before crediting the total amount of moneys received
against the judgment or debt, the plaintiff may recover and keep
from the total amount received under the garnishment, attachment
or payment any moneys allowed to be recovered under this section.
(b) After recovering moneys as allowed under paragraph (a) of
this subsection, the plaintiff shall credit the remainder of the
moneys received against the judgment or debt as provided by law.
(2) Moneys recovered under subsection (1)(a) of this section
shall not be considered moneys paid on and to be credited against
the original judgment or debt sought to be enforced. No
additional judgment is necessary to recover moneys in the manner
provided in subsection (1)(a) of this section.
(3) The only moneys a plaintiff may recover under subsection
(1)(a) of this section are those described in subsection (4) of
this section that the plaintiff has paid to enforce the existing
specific judgment or debt that the specific garnishment or
attachment was issued to enforce or upon which the payment was
received. Moneys recoverable under subsection (1)(a) of this
section remain recoverable and, except as provided under
subsection (8) of this section, may be recovered from moneys
received by the plaintiff under subsequent garnishments,
attachments or payments on the same specific judgment or debt.
(4) This section allows the recovery only of the following:
(a) Statutorily established moneys that meet the requirements
under subsection (3) of this section, as follows:
(A) Garnishee's search fees under ORS 18.790.
(B) Fees for delivery of writs of garnishment under ORS 18.652.
(C) Circuit court fees as provided under ORS 21.325.
(D) County court fees as provided under ORS 5.125.
(E) County clerk recording fees as provided in ORS 205.320.
(F) Actual fees or disbursements made under ORS 21.410.
(G) Costs of execution as provided in ORS 105.112.
(H) Fees paid to an attorney for issuing a garnishment in an
amount not to exceed $7 for each garnishment.
(I) Costs of an execution sale as described in ORS 18.950 (2).
{ + (J) Fees paid under section 29 of this 2007 Act for
motions and responses to motions filed after entry of a
judgment. + }
(b) Interest on the amounts specified in paragraph (a) of this
subsection at the rate provided for judgments in ORS 82.010 for
the period of time beginning with the expenditure of the amount
and ending upon recovery of the amount under this section.
(5) The plaintiff shall be responsible for doing all of the
following:
(a) Maintaining a precise accounting of moneys recovered under
subsection (1)(a) of this section and making the accounting
available for any proceeding relating to that judgment or debt.
(b) Providing reasonable notice to the defendant of moneys the
plaintiff recovers under subsection (1)(a) of this section.
(6) Moneys recovered under subsection (1)(a) of this section
remain subject to all other provisions of law relating to
payments, or garnished or attached moneys including, but not
limited to, those relating to exemption, claim of exemption,
overpayment and holding periods.
(7) Nothing in this section limits the right of a plaintiff to
recover moneys described in this section or other moneys in any
manner otherwise allowed by law.
(8) A writ of garnishment or attachment is not valid if issued
solely to recover moneys recoverable under subsection (1)(a) of
this section unless the right to collect the moneys is first
reduced to a judgment or to a debt enforceable under ORS 18.854.
SECTION 32. ORS 1.202 is amended to read:
1.202. (1) All circuit courts and appellate courts of this
state, and all commissions, departments and divisions of the
judicial branch of state government, shall add a fee of not less
than { - $25 - } { + $50 + } and not more than { - $50 - }
{ + $100 + } to any judgment that includes a monetary obligation
that the court or judicial branch is charged with collecting. The
fee shall be added to cover the cost of establishing and
administering an account for the debtor and shall be added
without further notice to the debtor or further order of the
court. The fee shall be added only if the court gives the
defendant a period of time in which to pay the obligation after
the financial obligation is imposed. Fees under this subsection
shall be deposited in the General Fund.
(2) All circuit courts and appellate courts of this state, and
all commissions, departments and divisions of the judicial branch
of state government, that use the Department of Revenue or
private collection agencies shall add a fee to any judgment
referred for collection that includes a monetary obligation that
the state court or the commission, department or division is
charged with collecting. The fee shall be added to cover the
costs of collection charged by the Department of Revenue or
private collection agency and shall be added to the monetary
obligation without further notice to the debtor or further order
of the court. The fee may not exceed the actual costs of
collection charged by the Department of Revenue or private
collection agency. Fees under this subsection shall be deposited
in the Judicial Department Collections Account established under
ORS 1.204 and may be used only for the purposes specified in ORS
1.204.
(3) A court may not waive or suspend the fees required to be
added to judgments under the provisions of this section.
SECTION 33. { + The amendments to ORS 1.202 by section 32 of
this 2007 Act apply only to judgments entered on or after
September 1, 2007. + }
{ +
MISCELLANEOUS + }
SECTION 34. { + The unit 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. + }
SECTION 35. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
----------