112 sections in this chapter.
ORS 3.210 [Amended by 1955 c.677 §5; 1957 c.665 §3; 1957 c.713 §8; 1959 c.557 §4; repealed by 1961 c.724 §34]
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[Repealed or reserved.]
ORS 3.220 Rules; procedure when judges disagree. (1) A circuit court may make and enforce all rules necessary for the prompt and orderly dispatch of the business of the court and not inconsistent with applicable provisions of law, the Oregon Rules of Civil Procedure or rules made or orders issued by the Chief Justice of the Supreme Court or the presiding judge for the judicial district. If a majority of the judges of the court in a judicial district having two or more circuit court judges do not agree in respect to the making of rules under this subsection, the decision of the presiding judge shall control
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(2)(a) A certified copy of a rule referred to in subsection (1) of this section made or in effect before January 1, 1984, shall be filed in the office of the State Court Administrator not later than January 1, 1984. If a copy of a rule is not so filed, the rule is void. (b) A cer…
ORS 3.225 Establishing specialized subject-matter departments; approval by Chief Justice; eligibility and assignment of judges. Subject to the approval of the Chief Justice of the Supreme Court, a circuit court, by rule under ORS 3.220, may establish specialized subject-matter departments of the court, and may modify or abolish departments so established. Any judge of the court may act in any department so established or modified by rule. The presiding judge for the judicial district may assign any judge of the court to act in any department so established or modified by rule. [1981 c.215 §1; 1995 c.781 §8]
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[Repealed or reserved.]
ORS 3.227 [1987 c.714 §4; repealed by 1995 c.658 §127]
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[Repealed or reserved.]
ORS 3.229 [1987 c.714 §5; 1995 c.781 §9; repealed by 1995 c.658 §127]
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[Repealed or reserved.]
ORS 3.230 [Subsection (3) of 1957 part derived from 1953 c.52 §6; 1957 c.713 §10; 1957 s.s. c.8 §3; repealed by 1959 c.552 §16]
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[Repealed or reserved.]
ORS 3.232 [Formerly 4.010; repealed by 2015 c.212 §3]
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[Repealed or reserved.]
ORS 3.235 [Formerly 4.105; 2015 c.119 §3; repealed by 2015 c.212 §3]
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[Repealed or reserved.]
ORS 3.238 [Formerly 4.410; 1985 c.540 §20; repealed by 2013 c.155 §12]
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[Repealed or reserved.]
ORS 3.240 [Amended by 1957 c.713 §11; repealed by 1961 c.724 §34]
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JURISDICTION OVER JUVENILE AND FAMILY-RELATED MATTERS
ORS 3.250 Definitions for ORS 3.250 to 3.280. As used in ORS 3.250 to 3.280, unless the context requires otherwise
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(1) “Child” means a person under 18 years of age. (2) “Court services” includes but is not limited to services and facilities relating to intake screening, juvenile detention, shelter care, investigations, study and recommendations on disposition of cases, probation on matters wi…
ORS 3.255 Policy and intent. It is declared to be the policy and intent of the Legislative Assembly
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(1) Notwithstanding concurrent jurisdiction, that family and family-related matters before the courts be concentrated in a single judicial jurisdiction, the circuit court. (2) The judges of the circuit court need adequate court services to assist them in exercising jurisdiction o…
ORS 3.260 Juvenile jurisdiction vested in circuit courts; authority for transfer of jurisdiction over family-related matters to circuit courts. (1) The circuit courts and the judges thereof shall exercise all juvenile court jurisdiction, authority, powers, functions and duties
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(2) Pursuant to ORS 3.275, in addition to any other jurisdiction vested in it by law, the circuit court shall exercise exclusive and original judicial jurisdiction, authority, powers, functions, and duties in the judicial district in any or all of the following matters that on th…
ORS 3.265 Limits on transfer of juvenile jurisdiction. (1) Notwithstanding ORS 3.260, no transfer of jurisdiction required by ORS 3.260 (1) shall occur in the following counties until the county court approves such transfer either as of July 1, 1968, or thereafter
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(a) Gilliam, Sherman, Wheeler, Harney or Morrow County. (b) Any county that as of July 1, 1968, has a population of less than 11,000 and in which the judge of the circuit court does not reside. (2) Notwithstanding the limitation on transfer of juvenile jurisdiction in subsection …
ORS 3.270 Transfer of juvenile jurisdiction and jurisdiction over family-related matters to circuit courts. (1) All judicial jurisdiction, authority, powers and duties of the county courts and the judges thereof over matters described in ORS 3.260 (1), are transferred to the circuit courts and the judges thereof
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(2) All judicial jurisdiction, authority, powers and duties of the county courts and justice courts and the judges thereof over matters described in ORS 3.260 (2) or so much thereof as may be ordered under ORS 3.275, in so far as such jurisdiction, authority, powers, functions an…
ORS 3.275 Procedure for transfer of jurisdiction over certain family-related matters. (1) After making a determination that conditions in the judicial district make it desirable to concentrate jurisdiction over all or part of family and family-related matters in the circuit court, the circuit court by its own order shall exercise jurisdiction over any or all of the matters described in ORS 3.260 (2) on and after July 1 next following entry of the order
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(2) Any circuit court that enters an order pursuant to this section shall cause copies of the order to be filed with the Oregon Supreme Court and with the county or justice court whose jurisdiction is affected by the order. [1967 c.534 §5; 1995 c.658 §16]
ORS 3.280 Court services for circuit courts. (1) The circuit court may obtain court services by using services available without charge or, with the prior approval of the governing body of each county in the judicial district, by
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(a) Employing or contracting for personnel or services; or (b) Contracting or entering into agreements with public or private agencies or with private firms or individuals, or any of them. (2) Court services obtained under subsection (1) of this section shall be subject to the su…
ORS 3.300 Establishment and termination of panel for disposition of civil actions in circuit court; eligibility for panel; limitation on powers. (1) Subject to the approval of the Chief Justice of the Supreme Court, the presiding judge for a judicial district may establish, and may terminate, the use of a panel of reference judges for the trial and disposition of civil actions in the circuit court under ORS 3.300 to 3.321
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(2) The Supreme Court, upon motion of the Chief Justice and the presiding judge may appoint any eligible person as a reference judge on the panel established under this section. A person is eligible for appointment as a reference judge if the person is a licensee in good standing…
ORS 3.305 Request for referral of action to reference judge; selection of reference judge; revocation of referral. (1) At any time before trial of a civil action in a circuit court for which use of a panel of reference judges is established under ORS 3.300, the parties to the action may file with the presiding judge for the judicial district a written request for referral of the action to a reference judge on the panel. Upon receipt of the request, the presiding judge, by order, shall refer the action to a reference judge
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(2) The parties, in their request for referral, may specify a particular reference judge, and the presiding judge shall refer the action to the reference judge so specified. (3) If the parties do not specify a particular reference judge, the presiding judge shall select a referen…
ORS 3.310 [Amended by 1955 c.715 §2; 1959 c.557 §5; 1961 c.724 §10; 1965 c.510 §8; repealed by 1981 c.215 §8]
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[Repealed or reserved.]
ORS 3.311 Delivery of order to reference judge; notice of time and place of trial; procedure; witnesses. (1) Upon entry of an order of the presiding judge for a judicial district referring an action under ORS 3.305, the clerk of the court shall cause a copy of the order to be delivered to the reference judge. Upon receipt of the copy of the order, the reference judge shall set the action for trial on reference at a time and in a place agreeable to the parties
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(2) At least five days before the date set for a trial on reference, the reference judge shall notify the clerk of the court of the time and place of the trial. The clerk shall post a notice of the time and place of the trial in a conspicuous place for trial notices at the princi…
ORS 3.312 [1961 c.724 §12; repealed by 1965 c.510 §24]
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[Repealed or reserved.]
ORS 3.314 [1961 c.724 §13; repealed by 1981 c.215 §8]
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[Repealed or reserved.]
ORS 3.315 Proposed report of reference judge; objections; final report; filings with clerk; entry of report as judgment of court. (1) Within 20 days after the close of all evidence offered in a trial on reference conducted under ORS 3.311, unless a later time is agreed upon by the parties, the reference judge shall mail to each party a copy of the proposed written report of the reference judge. The proposed report shall contain the findings of fact and conclusions of law by the reference judge, and the judgment thereon of the reference judge
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(2) Within 10 days after receipt of the copy of the proposed report, any party may serve written objections and suggested modifications or corrections to the proposed report upon the reference judge and the other parties. The reference judge without delay shall consider the objec…
ORS 3.320 [Repealed by 1981 c.215 §8]
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[Repealed or reserved.]
ORS 3.321 Compensation of reference judge; payment procedure. (1) Unless otherwise agreed by the parties, the compensation of a reference judge to whom an action is referred under ORS 3.305 shall be an amount for each day actually engaged in the performance of duties under the referral and in the conduct and disposition of post-trial proceedings under ORS 3.315 (6) equal to five percent of the gross monthly salary of a regularly elected and qualified judge of the circuit court, or one-half of that daily compensation for services of one-half day or less
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(2) Payment of the compensation of a reference judge and the expense of the trial on reference before the reference judge shall be the obligation of the parties. The obligation shall be borne equally by the parties unless the parties agree to a different allocation. (3) The presi…
ORS 3.330 [Amended by 1971 c.108 §1; 1979 c.77 §2; repealed by 1981 c.215 §8]
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[Repealed or reserved.]
ORS 3.340 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 3.350 [Repealed by 1981 c.215 §8]
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[Repealed or reserved.]
ORS 3.360 [Repealed by 1981 c.215 §8]
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[Repealed or reserved.]
ORS 3.370 [Repealed by 1959 c.552 §16]
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[Repealed or reserved.]
ORS 3.380 [Amended by 1961 c.724 §14; 1973 c.484 §4; repealed by 1981 c.215 §8]
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[Repealed or reserved.]
ORS 3.390 [Repealed by 1981 c.215 §8]
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[Repealed or reserved.]
ORS 3.400 [Repealed by 1981 c.215 §8]
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FAMILY LAW (Family Court Departments)
ORS 3.405 Application to establish family court department; assignment of judges; authority of judges. (1) A family court department may be established in the circuit court of a judicial district upon the written application of the presiding judge. The written application must be made to the Chief Justice of the Supreme Court. Upon receipt and approval of a written application, the Chief Justice shall designate a date for commencing operation of the family court department in the judicial district. The provisions of this section do not affect the ability of a circuit court to establish specialized subject-matter departments in the manner provided by ORS 3.225
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(2) In every judicial district in which a family court department is established under this section, the presiding judge of the judicial district may assign one or more judges to serve in the family court department. (3) Judges serving in the family court department have the same…
ORS 3.408 Matters assignable to family court department. (1) The presiding judge of the judicial district may assign to a family court department established under ORS 3.405 all of the following matters
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(a) Proceedings under the provisions of ORS chapters 107, 108, 109 and 110; (b) Proceedings under the provisions of ORS chapter 25; (c) Guardianship proceedings for minors under the provisions of ORS chapter 125; (d) Juvenile court proceedings under ORS chapters 419A, 419B and 41…
ORS 3.410 [Amended by 1955 c.715 §3; 1959 c.557 §6; repealed by 1961 c.724 §34]
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[Repealed or reserved.]
ORS 3.411 [1961 c.724 §15; 1965 c.618 §9; 1967 c.531 §3; 1967 c.533 §11; 1971 c.640 §2; repealed by 1981 c.215 §8]
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[Repealed or reserved.]
ORS 3.412 Chief family court judge. If there is more than one judge assigned to a family court department for the judicial district, the presiding judge of the judicial district may designate one of the judges as the chief family court judge. [1993 c.165 §3]
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[Repealed or reserved.]
ORS 3.414 Assignment of matters relating to same child. Upon assignment to the family court department of the cases specified in ORS 3.408, the presiding judge of the judicial district shall insure, when reasonable and appropriate, that all cases that involve the same minor child be assigned to the same judge. [1993 c.165 §4]
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[Repealed or reserved.]
ORS 3.417 Coordination of services. The presiding judge of the judicial district may establish procedures for coordinating all services that may be available to persons who are or who may become parties in the proceedings specified in ORS 3.408. [1993 c.165 §5]
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[Repealed or reserved.]
ORS 3.420 Abolishment of family court department. At any time after the establishment of a family court department under ORS 3.405, the family court department shall be abolished if the presiding judge of the judicial district makes written application to the Chief Justice of the Supreme Court requesting that the family court department for that judicial district be abolished. [1993 c.165 §6; 1995 c.658 §126]
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[Repealed or reserved.]
ORS 3.423 Family court department rules. The Chief Justice of the Supreme Court may promulgate court rules for family court departments established under ORS 3.405. [1993 c.165 §7]
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[Repealed or reserved.]
ORS 3.425 Family law education programs. (1) The family court department or, if there is no family court department, the presiding judge or designee of each circuit court may establish an education program designed to inform parents about the impact of family restructuring on children when the parent is a named party in any of the following proceedings
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(a) An annulment or dissolution of marriage action. (b) A legal separation action. (c) A petition to establish custody or parenting time. (d) Post-judgment litigation involving custody or parenting time. (2) An education program established under subsection (1) of this section mu…
ORS 3.428 Family law facilitation programs. (1) A family law facilitation program may be established by the judges of the family court department of a circuit court. If there is no family court department for the court, a family law facilitation program may be established for a circuit court by the presiding judge for the judicial district. A family law facilitation program shall be designed to assist litigants in domestic relations or other family court proceedings described in ORS 3.408. The program shall be developed in consultation with the local family law advisory committee established for the judicial district under ORS 3.434. The program shall operate under the supervision of the family court department or, if there is no family court department, under the supervision of the presiding judge for the judicial district. Services under the program shall be provided by court personnel in facilities under the supervision and control of the family court department or, if there is no family court department, under the supervision and control of the presiding judge for the judicial district. The program may provide
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(a) Educational materials. (b) Court forms. (c) Assistance in completing forms. (d) Information about court procedures. (e) Referrals to agencies and resources that provide legal and other services to parents or children. (2) All materials, forms, instructions and referral lists …
ORS 3.430 Family court advocate programs; goals; duties. (1) The Judicial Department shall establish family court advocate programs in counties specified in subsection (4) of this section. The programs shall be designed to develop an efficient system for providing integrated, family-focused prevention and intervention services to at-risk families identified by the family courts in those counties, and to coordinate available human services and community resources with the family courts in those counties, both for the purpose of court proceedings and for the purpose of preventing the types of problems that eventually lead to involvement with the judicial system
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(2) The family court advocate programs implemented under this section shall emphasize the following goals: (a) Protection of children. (b) Successful completion of family plans designed by the programs. (c) Improved linkage between the family court and community services. (d) Imp…
ORS 3.432 Judicial education program on establishment and management of family court departments. The State Court Administrator shall implement an education program for state judges that emphasizes issues and problems encountered in the establishment and management of family court departments. The program shall provide education on the manner in which family court departments may be established, and shall identify means of removing obstacles to the establishment of family court departments. The program shall provide recommendations for improving the quality of service provided by family court departments. The program may provide specific instruction in issues arising under the different proceedings conducted in family court departments. [1997 c.593 §2]
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(Coordination of Services to Families in Family Law Cases)
ORS 3.434 Adoption of coordination plan for services; local family law advisory committees; plan contents. (1) No later than January 1, 1999, the presiding judge of each judicial district shall adopt a plan to coordinate the provision of services to families involved in domestic relations or other family court proceedings
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(2) The presiding judge of the judicial district shall establish a local family law advisory committee for the judicial district. The committee will prepare the plan required by subsection (1) of this section. The membership of the local advisory committee must reflect the divers…
ORS 3.436 Appointment of statewide family law advisory committee. (1) The Chief Justice of the Supreme Court may appoint a statewide family law advisory committee to assist the State Court Administrator in carrying out the administrator’s responsibilities under ORS 3.438 (2) and (4)(a) and in identifying family law issues that need to be addressed in the future. The Chief Justice shall consider the diversity of this state in appointing the members of the statewide advisory committee
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(2) The Chief Justice shall determine the terms and organization of the statewide advisory committee. (3) Members of the statewide advisory committee are not entitled to compensation, but may be reimbursed from funds available to the State Court Administrator from the Family Law …
ORS 3.438 Duties of State Court Administrator. To the extent that adequate funds are available from the Family Law Account established under ORS 3.440, the State Court Administrator
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(1) Shall hire a director of family court services and sufficient staff, whose compensation must come solely from the Family Law Account, and may delegate to the director of family court services any of the duties listed in subsections (2) to (6) of this section. (2) Shall admini…