Chapter 21

21.010

NOTES OF DECISIONS

When applied to indigent litigants, there was no violation of due process under Oregon Constitution to require payment of filing fees in order to secure judicial review of Welfare Division’s orders. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff’d410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

Legislative requirement of filing fee as prerequisite to processing appeal from administrative ruling is not such a restriction upon performance of judicial function that it must be ignored by courts. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff’d 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

Denial of review by Court of Appeals for failure to pay $25 filing fee was not violation of petitioners’ rights under United States Constitution. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff’d 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

Filing fee for judicial review does not violate Oregon constitutional requirement that justice be administered “without purchase.” Allen v. Employment Dept., 184 Or App 681, 57 P3d 903 (2002)

21.110

NOTES OF DECISIONS

Where notice of appeal was mailed prior to filing deadline, but workers’ compensation claimant failed to include filing fee, notice of appeal was not timely filed. Moyer v. SAIF, 36 Or App 157, 583 P2d 598 (1978)

21.112

ATTY. GEN. OPINIONS: Duty to pay fee where mediation or conciliation services not utilized, (1971) Vol 35, p 808

21.310

ATTY. GEN. OPINIONS: Minimum probate filing fees for “small estates,” (1974) Vol 37, p 212; Payment of law library fee with fee required for filing will without petition for probate, (1983) Vol 44, p 18

21.350

NOTES OF DECISIONS

The Board of Commissioners has a legitimate interest in limiting the hours during which the public may use the county courthouse to 8:00 am to 5:00 pm weekdays. Wright v. Lane County Commr., 459 F2d 1021 (1972)

ATTY. GEN. OPINIONS: “Filing fee provided by law” constituting base figure for determining law library fee, (1981) Vol. 42, p 179; Payment of law library fee with fee required for filing will without petition for probate, (1983) Vol 44, p 18

21.410

ATTY. GEN. OPINIONS: Sheriff’s fee in a forcible entry and detainer proceeding, (1974) Vol 36, p 932

21.470

LAW REVIEW CITATIONS: 51 OLR 652, 654 (1972)

21.605

NOTE: Repealed as of January 1, 2008

NOTES OF DECISIONS

Court will exercise discretion in granting or denying motions for costs of preparing record and transcript on appeal for indigents, as legislature made no appropriation of funds for that purpose. Roberts and Roberts, 34 Or App 507, 579 P2d 862 (1978), Sup Ct review denied

Where state has made appropriation for “mandated payments,” indigent appellant in civil case must make prima facie showing of reversible error to obtain transcript at state expense, distinguishing Roberts and Roberts, 34 Or App 507, 579 P2d 862 (1978). City of Lake Oswego v. $23,232.23 in Cash, 121 Or App 432, 855 P2d 201 (1993)

Notwithstanding mandatory language that court shall note dollar amount of unwaived and unpaid fees and costs, court entering final judgment may defer or waive all or part of amount. McClure v. Lebenbaum, 181 Or App 268, 45 P3d 1038 (2002)

ATTY. GEN. OPINIONS: Validity of circuit court fee for criminal appeal from district court, (1975) Vol 37, p 595