Title 6, Justice Courts

A criminal action in a justice court is commenced and proceeded in to final determination, and the judgment therein enforced, in the manner provided in the criminal procedure statutes, except as otherwise specifically provided by statute. [Formerly 156.010]

In a justice court, a criminal action is commenced by the filing of the complaint therein, verified by the oath of the person commencing the action, who is thereafter known as the complainant. [Formerly 156.020]

The form of the complaint and the sufficiency thereof shall be as provided in ORS 133.007 and 133.015. [Formerly 156.030]

Before filing or receiving the complaint in a criminal action, the justice may require the complainant to give security for costs and disbursements in the amount authorized in civil actions; and not otherwise. [Formerly 156.040]

The authority of a justice of the peace to issue a warrant of arrest shall be as provided in ORS 133.110. [Formerly 156.050]

A warrant of arrest in a criminal action in a justice court is issued, directed and executed in all respects as the warrant mentioned in ORS 133.140. [Formerly 156.060]

When the defendant is brought before the justice, the complaint shall be read to the defendant and the defendant shall plead thereto. [Formerly 156.070]

(1) The defendant may plead the same pleas as upon an indictment. The plea shall be oral and entered in the docket. If the defendant refuses to plead, the justice shall enter the fact, together with the plea of not guilty, on behalf of the defendant. (2) Notwithstanding ORS 53.15…

When the defendant is brought before the justice upon the warrant of arrest, the action shall be tried within one day thereafter, unless continued for cause. [Formerly 156.090]

Change of place of trial in criminal actions in justice courts is in all manners and respects governed as provided in ORS 131.305 to 131.415. [Formerly 156.100]

Upon a plea of not guilty, if the defendant does not then demand a trial by jury, the justice shall proceed to try the issue. [Formerly 156.110]

No judgment of conviction or acquittal can be given in a criminal action in a justice court unless the person injured appears or is subpoenaed to attend the trial as a witness. [Formerly 156.120]

If a trial by jury is demanded, a jury shall be selected and summoned as in a civil action in a justice court. Each party may take challenges for cause and two peremptory challenges, except that when the jury is selected in the manner provided in ORS 54.060 to 54.160, as to any j…

When the jury has agreed upon a verdict, it shall deliver the same to the justice publicly, who shall enter it in the docket of the justice. [Formerly 156.140]

In a criminal action in a justice court, prepayment of the trial fee is not a prerequisite to having a jury trial. If a jury trial is demanded and judgment is against the defendant, the fee shall be allowed and taxed in favor of the state as other disbursements in ordinary cases.…

When the defendant pleads guilty, no contest, or is convicted, either by the justice or the jury, the justice shall give judgment thereon for such punishment as may be prescribed by law for the crime. [Formerly 156.210]

Except as provided in ORS 18.048 (3) and (4), any judgment rendered by a justice court on an offense that imposes a monetary obligation must contain the separate section required by ORS 18.048 (1). [Formerly 156.220]

Money judgments rendered by the court may be enforced in the manner provided by ORS 52.600. [Formerly 156.230]

An entry of judgment or a certified copy of the judgment is conclusive evidence of the facts stated therein. [Formerly 156.240]

When the defendant is found not guilty by the justice or a jury, the defendant shall be immediately discharged. [Formerly 156.270]

When the defendant is found not guilty, if it appears that the prosecution was malicious or without probable cause, the justice shall make an entry to that effect in the docket of the justice. [Formerly 156.280]

Upon making the entry prescribed in ORS 53.260, the justice shall give judgment against the complainant for the costs and disbursements of the action and require the complainant to pay the same or give satisfactory security therefor, by a written undertaking with one or more sure…

If the complainant does not pay the judgment, or give the required security therefor, it may be enforced against the complainant in all respects as a judgment for a fine in a criminal action; but if the complainant gives the required security, the judgment may be enforced at the …

If the fine and costs, or any part thereof, are paid before commitment, they shall be paid to the justice. Thereafter they shall be paid to the officer in whose custody the defendant is at the time of the payment, which officer shall immediately pay the same to the justice. [Form…

(1) A justice court may assign a judgment in a criminal action, as described in ORS 137.118 (1) to (5), to the Collections Unit in the Department of Revenue for the following purposes: (a) To determine whether refunds or other sums are owed to the debtor by the department; and (b…

At any time before the commencement of the trial, the justice shall release the defendant under the procedures set forth in ORS 135.230 to 135.290. [Formerly 156.410]

If the defendant is not released from custody as provided in ORS 135.230 to 135.290 when brought before the justice upon the warrant of arrest, the defendant shall be continued in the custody of the officer or, if the court is held in the vicinity of the county jail, committed to…

The commitment shall be signed by the justice with the name of office of the justice and may be substantially as follows: ______________________________________________________________________________ JUSTICE COURT FOR THE DISTRICT OF ______ State of Oregon, County of ______ IN T…

When committed, the defendant shall be delivered to the custody of the proper officer by any peace officer to whom the justice may deliver the commitment, first indorsing thereon, substantially, as follows: “I hereby authorize and command E. F. to deliver this commitment, togethe…

jurisdiction of justice court. If in the course of the trial it appears to the justice that the defendant has committed a crime not within the jurisdiction of a justice court, the justice shall dismiss the action, state in the entry the reasons therefor, hold the defendant upon t…

The district attorney may prosecute an action and if requested by the court shall prosecute an action in a justice court and attend an examination before a magistrate, either in person or by someone appointed by the district attorney for that purpose, and in any case the district…

(1) Any money paid to the justice court upon a judgment in a criminal action shall first be applied to the costs of the action. The remainder shall be paid by the justice court to the treasurer of the county, to be appropriated as provided by law. (2) Money paid pursuant to subse…

Justice courts shall have concurrent jurisdiction over all offenses other than felonies committed under ORS 167.315 to 167.333 and 167.340. [Formerly 156.705] _______________