Chapter 1 — Chapter 1

ORS 1.001 State policy for courts. The Legislative Assembly hereby declares that, as a matter of statewide concern, it is in the best interests of the people of this state that the judicial branch of state government, including the appellate, tax and circuit courts, be funded and operated at the state level. The Legislative Assembly finds that state funding and operation of the judicial branch can provide for best statewide allocation of governmental resources according to the actual needs of the people and of the judicial branch by establishing an accountable, equitably funded and uniformly administered system of justice for all the people of this state. [1981 s.s. c.3 §1]

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ORS 1.002 Supreme Court; Chief Justice as administrative head of judicial department; rules; presiding judges as administrative heads of courts. (1) The Supreme Court is the highest judicial tribunal of the judicial department of government in this state. The Chief Justice of the Supreme Court is the presiding judge of the court and the administrative head of the judicial department of government in this state. The Chief Justice shall exercise administrative authority and supervision over the courts of this state consistent with applicable provisions of law and the Oregon Rules of Civil Procedure. The Chief Justice, to facilitate exercise of that administrative authority and supervision, may

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ORS 1.003 Chief Justice’s powers to appoint Chief Judge and presiding judges; terms; disapproval of appointment. (1) The Chief Justice of the Supreme Court shall appoint after conferring with and seeking the advice of the Supreme Court, and may remove at pleasure

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ORS 1.004 Supreme Court rules governing coordination of class actions. Notwithstanding any other provision of law or the Oregon Rules of Civil Procedure, the Supreme Court shall provide by rule the practice and procedure for coordination of class actions under ORCP 32 in convenient courts, including provision for giving notice and presenting evidence. [Formerly 13.370]

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ORS 1.005 Credit card transactions for fees, security deposits, fines and other court-imposed obligations; rules. The Chief Justice of the Supreme Court or the presiding judge of any judicial district of this state may establish by rule a program to permit the use of credit card transactions as security deposits, fines, assessments, restitution or any other court-imposed monetary obligation arising out of an offense. The program may also provide for the use of credit card transactions to pay for filing fees, response fees, certification fees and any other fees charged by the court. Any rules adopted pursuant to this section may provide for recovery from the person using the credit card of an additional amount reasonably calculated to recover any charge to the court by a credit card company resulting from use of the credit card. [1983 c.763 §54; 1989 c.1008 §2; 1993 c.531 §2; 1995 c.781 §4; 1997 c.801 §112; 1999 c.1051 §234]

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ORS 1.006 Supreme Court rules. (1) The Supreme Court may prescribe by rule the form of written process, notices, motions and pleadings used or submitted in civil proceedings and criminal proceedings in the courts of this state. The rules shall be designed to prescribe standardized forms of those writings for use throughout the state. The forms so prescribed shall be consistent with applicable provisions of law and the Oregon Rules of Civil Procedure. The form of written process, notices, motions and pleadings submitted to or used in the courts of this state shall comply with rules made under this section

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ORS 1.007 Judicial Department Revolving Account; uses; sources. (1) There is established in the State Treasury an account to be known as the Judicial Department Revolving Account. Upon the written request of the Chief Justice of the Supreme Court, the Oregon Department of Administrative Services shall draw warrants in favor of the Supreme Court and charged against appropriations to the Supreme Court for court expenses. The warrants shall be deposited in the revolving account. The revolving account shall not exceed the aggregate sum of $1 million, including unreimbursed disbursements

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ORS 1.008 Personnel plan, fiscal plan and property plan. The Chief Justice of the Supreme Court shall establish and maintain, consistent with applicable provisions of law

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ORS 1.009 Judicial Department Operating Account. (1) The Judicial Department Operating Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Judicial Department and may be used only to pay the operating expenses of the department

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ORS 1.010 Powers of courts in administration of court business and proceedings. Every court of justice has power

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ORS 1.011 Authority of Chief Justice to promote judicial accountability and fair and accessible justice services; rules. (1) In the exercise of administrative authority and supervision over the courts of this state, the Chief Justice of the Supreme Court has the authority to take actions and establish rules that promote judicial accountability and fair and accessible justice services, consistent with the mission of the state courts, including the ability to establish

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ORS 1.012 State Court Technology Fund. (1) The State Court Technology Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the State Court Technology Fund shall be credited to the fund

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ORS 1.020 Contempt punishment. For the effectual exercise of the powers specified in ORS 1.010, the court may punish for contempt in the cases and the manner provided by statute

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ORS 1.025 Duty of court and court officers to require performance of duties relating to administration of justice; enforcement of duty by mandamus. (1) Where a duty is imposed by law or the Oregon Rules of Civil Procedure upon a court, or upon a judicial officer, clerk, bailiff, sheriff, constable or other officer, which requires or prohibits the performance of an act or series of acts in matters relating to the administration of justice in a court, it is the duty of the judicial officer or officers of the court, and each of them, to require the officer upon whom the duty is imposed to perform or refrain from performing the act or series of acts

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ORS 1.030 Seal; form; custody; affixing. (1) Each of the following courts, and no other, has a seal

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ORS 1.040 Sittings of court to be public; when may be private. The sittings of every court of justice are public, except that upon the agreement of the parties to a civil action, suit or proceeding, filed with the clerk or entered in the appropriate record, the court may direct the trial, or any other proceeding therein, to be private; upon such order being made, all persons shall be excluded, except the officers of the court, the parties, their witnesses and counsel. [Amended by 1985 c.540 §18]

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ORS 1.050 Time for decision on submitted questions; certificate of compliance with requirement; penalty for false certificate. Any question submitted to any judge of any court of, or any justice of the peace in, any of the courts of this state, excepting the Supreme Court and the Court of Appeals and the judges thereof, must be decided and the decision rendered within three months after submission, unless prevented by sickness or unavoidable casualty, or the time be extended by stipulation in writing signed by the counsel for the respective parties and filed with the judge before the expiration of said three months. This section is mandatory, and no officer shall sign or issue any warrant for the payment of the salary or any installment of the salary of any such judge or justice of the peace unless the voucher for such warrant shall contain or be accompanied by a certificate of such judge or justice of the peace that all matters submitted to the judge or justice of the peace for decision three months or more prior to the filing of said voucher have been decided as required herein; and, in case the time has been extended by stipulation in writing, or a decision has been prevented by sickness or unavoidable casualty, said certificate shall state the facts excusing the delay. The making and filing of a false certificate shall be just cause for complaint to the legislature and removal of said judge or justice of the peace. [Amended by 1969 c.198 §17]

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ORS 1.055 [1959 c.638 §1; repealed by 2015 c.212 §2]

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ORS 1.060 Days for transaction of judicial business; exceptions. (1) Except as provided in subsection (2) of this section, the courts of justice may be held and judicial business transacted on any day

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ORS 1.070 When court deemed appointed for next judicial day. If a day appointed for holding a court, or to which it is adjourned, is a legal holiday, the court is deemed appointed for or adjourned to the next judicial day

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ORS 1.080 Place of holding court. Every court of justice shall sit at the location designated by or pursuant to law for that purpose. [Amended by 1983 c.763 §1]

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ORS 1.085 Chief Justice to designate principal location for sitting of courts; alternative sites. (1) Except to the extent otherwise specifically provided by law, the Chief Justice of the Supreme Court shall designate the principal location for the sitting of the Supreme Court, Court of Appeals, Oregon Tax Court and each circuit court. For each circuit court there shall be a principal location in each county in the judicial district

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ORS 1.090 Trial elsewhere than at usual location on agreement of parties. Upon agreement of the parties to a civil action, suit or proceeding in a circuit or county court, filed with the clerk or entered in the register, the court may direct that the trial or any other proceeding therein be had elsewhere within the county than at a location otherwise designated by or pursuant to law for the sitting of the court. [Amended by 1983 c.763 §3; 1985 c.540 §19]

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ORS 1.100 [Repealed by 1983 c.763 §9]

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ORS 1.110 Adjournment when judge does not attend. If no judge attend on the day appointed for holding a court, before 4 p.m., the court shall stand adjourned until the next day at 9 a.m. [Amended by 1959 c.638 §2; 2015 c.212 §9]

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ORS 1.120 Proceedings unaffected by vacancy in office. No action, suit or proceeding pending in a court of justice is affected by a vacancy in the office of any or all of the judges. [Amended by 2015 c.212 §10]

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ORS 1.130 Power to adjourn proceedings. A court or judicial officer has power to adjourn any proceedings before the court or the judicial officer, from time to time, as may be necessary, unless otherwise expressly provided by statute

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ORS 1.140 Manner of addressing application or proceeding to court or judge. An application or other proceeding addressed to a court shall be addressed to it by its style as given by statute; an application or other proceeding addressed to a judicial officer shall be addressed to the judicial officer by name, without any other title than the style of office

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ORS 1.150 Proceedings to be in English; foreign language translation; rules and procedures. (1) Except as provided in this section, every writing in any action, suit or proceeding in a court of justice of this state, or before a judicial officer, shall be in English

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ORS 1.160 Means to carry jurisdiction into effect; adoption of suitable process or mode of proceeding. When jurisdiction is, by the Constitution or by statute, conferred on a court or judicial officer, all the means to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding is not specifically pointed out by the procedural statutes, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of the procedural statutes

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ORS 1.165 [1981 s.s. c.3 §7; renumbered 1.185 in 1999]

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ORS 1.167 [1981 s.s. c.3 §18; renumbered 1.187 in 1999]

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ORS 1.169 [1987 c.559 §2; 1989 c.1008 §1; 1995 c.781 §5; repealed by 1995 c.658 §127]

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ORS 1.170 [Repealed by 1981 s.s. c.3 §141]

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ORS 1.171 Powers and duties of presiding judge for judicial district. (1) A presiding judge appointed under ORS 1.003 is presiding judge for the circuit court of a judicial district established under ORS 3.012

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ORS 1.175 Docket priorities. Any time a court of this state is directed by a provision of Oregon Revised Statutes to accord priority on its docket for a particular action or proceeding, and the priority to be accorded is unclear in light of other provisions of Oregon Revised Statutes, the court may accord such priorities as are consistent with

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ORS 1.176 Capital improvements to county courthouses; plan; report. (1) The Chief Justice of the Supreme Court shall develop a biennial plan for capital improvements to county courthouses. The plan shall prioritize the need for capital improvements in the counties and establish budgets for capital improvement projects. The list of projects and costs of those projects shall be submitted to the Legislative Assembly with the Judicial Department’s request for an allocation from the Criminal Fine Account for the purpose of funding the State Court Facilities and Security Account established under ORS 1.178

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ORS 1.177 State plan for security, emergency preparedness and business continuity for court facilities; Chief Judicial Marshal; deputy judicial marshals. (1) The Chief Justice of the Supreme Court may adopt state standards, and a state plan, for

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ORS 1.178 State Court Facilities and Security Account. (1) The State Court Facilities and Security Account is established separate and distinct from the General Fund. The account consists of moneys allocated to the account under the provisions of ORS 137.300. Moneys in the account are continuously appropriated to the State Court Administrator for the purposes described in subsection (2) of this section

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ORS 1.179 Court facilities security accounts; funding; expenditures; reports. (1) The county treasurer shall deposit moneys received from distributions under ORS 1.178 into a court facilities security account maintained by the county treasurer. The following apply to the account

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ORS 1.180 Advisory committees on court security and emergency preparedness; plans. (1) As used in this section, “court facility” means a state court or justice court other than the Supreme Court, Court of Appeals, Oregon Tax Court or office of the State Court Administrator

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ORS 1.181 Bonds for courthouse capital construction and improvement. (1) Out of the amount specified in section 1 (6), chapter 705, Oregon Laws 2013, the State Treasurer may issue Article XI-Q bonds in an amount not to exceed $19 million of net proceeds for the purposes specified in subsection (3) of this section, plus an amount estimated by the State Treasurer to pay estimated bond-related costs

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ORS 1.182 [1993 c.637 §16; 2005 c.804 §2; 2011 c.597 §60; renumbered 1.179 in 2025]

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ORS 1.183 Interim agreements for funding, acquisition, development and construction of courthouses; transfer of funds by county; operation of courthouse by state. (1)(a) Notwithstanding ORS 1.185, a county and the state, acting by and through the Oregon Department of Administrative Services on behalf of the Judicial Department, may enter into interim agreements that provide for the funding, acquisition, development and construction of a courthouse and require the parties to negotiate in good faith and execute a long-term lease agreement or a long-term intergovernmental agreement with respect to the ownership or operation of a courthouse or portions of a courthouse that the county is required to provide under ORS 1.185, pursuant to which the state agrees to provide the property and services described in ORS 1.185 (1)(a)

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ORS 1.184 Oregon Courthouse Capital Construction and Improvement Fund. (1) The Oregon Courthouse Capital Construction and Improvement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Oregon Courthouse Capital Construction and Improvement Fund shall be credited to the fund

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ORS 1.185 County to provide courtrooms, offices and jury rooms. (1) The county in which a circuit court is located or holds court shall

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ORS 1.187 State to provide supplies and personal property for courts. Except as provided in ORS 1.185 (1) and subject to applicable provisions of a plan established by the Chief Justice of the Supreme Court, the state shall provide the supplies, materials, equipment and other personal property necessary for the operation of the circuit courts. The cost of property provided by the state shall be paid by the state from funds available for the purpose. [Formerly 1.167]

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ORS 1.188 Surcharge on fines for courthouse. (1) As used in this section, “offense” means

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ORS 1.189 Courthouse surcharge accounts. (1) The county treasurer shall deposit moneys received from surcharges imposed under ORS 1.188 in a courthouse surcharge account maintained by the county treasurer

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ORS 1.190 [1999 c.1064 §3; repealed by 2007 c.626 §3]

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