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 852
A-Engrossed
Senate Bill 271
Ordered by the Senate February 27
Including Senate Amendments dated February 27
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon Judicial Department)
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.
Revises laws governing waiver and deferral of fees and court
costs.
Provides that judge may delegate authority to waive or defer
fees and costs to court administrator.
{ - Directs court administrator to file pleadings and papers
submitted with application for waiver or deferral. Provides that
paper or pleading is of no effect, and that court administrator
shall so note in register, if waiver or deferral not granted and
party fails to pay fee or costs within time allowed. - }
{ + Provides that if person prevails in action for which fees
and costs were waived, court may include in judgment of money
award, payable by any party liable to person receiving waiver,
amount equal to waived fees and costs. Requires judgment debtor
to pay money award amount to court administrator. + }
Allows court to enter limited or supplemental judgment against
person for deferred fees and costs or to include money award for
deferred fees and costs in general judgment. Allows motion for
relief from judgment based on showing that obligor's financial
circumstances have changed since entry of judgment.
A BILL FOR AN ACT
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 Oregon:
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 Oregon Tax Court;
(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 Oregon Tax Court, a tax court
magistrate or a justice of the peace.
(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 OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, PETITION FOR
SUMMARY
DISSOLUTION
and OF MARRIAGE
)
______
, )
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
1. (________, Petitioner,) (________, Respondent,) has been a
resident of Oregon continuously for the past six months before
filing this petition.
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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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
______________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
(Petitioner's signature)
Address:
____________
____________
____________
Telephone:_______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, SUMMONS FOR SUMMARY
DISSOLUTION
Marriage Dissolution Suit
and )
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
TO: Name of Respondent
______________
Address of Respondent
______________
__________
, Oregon
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Name of Petitioner
____________
Address of Petitioner
____________
City/State/Zip Code
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, AFFIDAVIT OF PROOF
OF SERVICE
)
and )
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ______________, swear/affirm under oath that:
I am a resident of the State of Oregon. I am a competent person
over 18 years of age. I am not an attorney for or a party to this
case, or an officer, director or employee of any party to this
case. On the ___ day of _____, 2_, I served the Summons and
Petition in this case personally upon the above named respondent
in _____ County by delivering to the respondent a copy of those
papers, each of which was certified to be a true copy of each
original.
______________
Signature of _______
SUBSCRIBED AND SWORN TO before me this ___ day of _____, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, MOTION AND ORDER FOR
WAIVER OF FEES
)
and )
)
______
, )
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Petitioner moves the Court for an order waiving payment of
filing fees, service fees, and other costs.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
Petitioner
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
COURT
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, AFFIDAVIT FOR
WAIVER OF
and FEES AND COSTS
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires ____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, PETITIONER'S
AFFIDAVIT, MOTION
AND ORDER FOR
and DEFAULT JUDGMENT
OF DISSOLUTION
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 United States; nor is the Respondent a legally mentally
incapacitated person; nor is the Respondent under 18 years of
age.
The Respondent was served with Summons and Petition for
Dissolution on the ___ day of _____, 2_, in _____ County, Oregon,
and has failed to answer or appear.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Petitioner
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this __ day of _____, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Petitioner moves the Court for an Order entering the default of
Respondent.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Petitioner
____________
Address of Petitioner
____________
City, State Zip
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
ORDER
IT IS SO ORDERED.
DATED: This __ day of ___, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
CIRCUIT COURT JUDGE
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, JUDGMENT OF
SUMMARY DISSOLUTION
)
and )
)
______
, )
Respondent. )
)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
CIRCUIT COURT JUDGE
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
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 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. + }
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