Title 6, Justice Courts

A justice court is a court held by a justice of the peace within the justice of the peace district for which the justice of the peace may be chosen. There are no particular terms of such court, but the same is always open for the transaction of business, according to the mode of …

(1) The county court or board of county commissioners of every county may set off and establish, or modify the boundaries of, justice of the peace districts within the county. No more than six justice of the peace districts shall be set off or established or permitted to remain i…

(1) Except as provided in subsection (7) of this section, any justice court may become a court of record by: (a) The passage of an ordinance by the governing body of the county in which the court is located; and (b) The entry of an order by the Supreme Court acknowledging the fil…

(1) Any justice court that has become a court of record under ORS 51.025 may cease to operate as a court of record only if the governing body of the county in which the court is located files a declaration with the Supreme Court identifying the date on which the justice court wil…

Except as provided in ORS 3.136, any city situated wholly or in largest part within the boundaries of a justice of the peace district may enter into an agreement pursuant to ORS 190.010 with the county in which the justice of the peace district is located providing that the justi…

Any city may enter into an agreement pursuant to ORS 190.010 with the county in which a justice of the peace district is located for the provision of judicial services. A justice of the peace providing services to a city pursuant to such an agreement shall have all judicial juris…

(1) Except as otherwise provided in this section, in addition to the criminal jurisdiction of justice courts already conferred upon and exercised by them, justice courts have jurisdiction of all offenses committed or triable in their respective counties. The jurisdiction conveyed…

(1) In any justice court that has not become a court of record under ORS 51.025, a defendant charged with a misdemeanor shall be notified immediately after entering a plea of not guilty of the right of the defendant to have the case transferred to the circuit court for the county…

(1) A justice or municipal court shall notify the Department of State Police when the justice or municipal court enters a judgment of conviction for a Class A misdemeanor. (2) The department shall make rules establishing: (a) Requirements for notification under this section. (b) …

(1) A justice court has jurisdiction, but not exclusive jurisdiction, of the following civil actions: (a) For the recovery of money or damages only, when the amount claimed does not exceed $10,000. (b) For the recovery of specific personal property, when the value of the property…

(1) Except as provided in this section, a civil action subject to the jurisdiction of a justice court must be commenced in the county where one of the parties resides. (2) If a defendant in a civil action subject to the jurisdiction of a justice court does not reside in this stat…

(1) In any proceeding conducted in open court in a justice court, any party may arrange for audio recording or reporting of the proceeding by stenographic or other means. The court may not prohibit recording or reporting of the proceeding under this section. (2) A reporter provid…

(1)(a) When entering a judgment in an action for a violation or a misdemeanor, a justice court shall, by including a notification in the judgment document or by another effective manner, notify the defendant that the defendant may request the name and contact information of the g…

(1) The case record of a justice court consists of the docket as described in subsection (2) of this section and the case file as described in subsection (3) of this section. (2) The docket of a justice court is a record in which the clerk of the justice court shall enter, by its…

(1) The justice of the peace shall safely and securely keep all case records of the justice court described in ORS 51.115. The case records are public records for the purposes of ORS 192.311 to 192.478. (2) When any justice court is abolished, the justice of the peace shall turn …

The county court or board of county commissioners of the county in which the justice of the peace has been elected or appointed: (1) May provide for the office of the justice of the peace the office and courtroom and clerical assistance necessary to enable the justice of the peac…

Each justice of the peace district shall elect one justice of the peace, who shall hold office for six years and until a successor is elected and qualified.

The election at which a justice of the peace shall be elected shall be the general election or, if applicable, the election specified in ORS 249.088 next preceding the expiration of the term of the incumbent of the office. [Amended by 1991 c.719 §3]

(1) As a qualification for the office: (a) A justice of the peace must be a citizen of the United States and a resident of this state. (b) A justice of the peace must be a resident of or have a principal office in the justice of the peace district in which the justice court is lo…

(1) Each justice of the peace who is not a licensee of the Oregon State Bar shall attend or participate in a minimum of 30 hours of educational programs every two calendar years. The programs shall be those conducted and supervised or approved by the Chief Justice of the Supreme …

The term of office of a justice of the peace shall commence on the first Monday in January next following election. Before entering upon the duties of office, the person elected thereto shall qualify by filing with the county clerk of the county wherein the person is elected: (1)…

(1) If a vacancy occurs in the office of justice of the peace, the Governor immediately shall appoint some person possessing the qualifications for election to that office to fill the vacancy until the next general election and until such appointee’s successor is elected and qual…

A judge of the circuit court for a county, or any justice of the peace for a justice court district located within the county, may exercise the powers and duties of justice of the peace of any justice court in the county: (1) At the request of the justice of the peace of the just…

(1) Except as provided in ORS 105.130, the justice of the peace shall collect, in advance except in criminal cases, and issue receipts for, the following fees: (a) For the first appearance of the plaintiff, $90. (b) For the first appearance of the defendant, $90. (c) In the small…

Justices of the peace in each county shall report to the county treasurer once in each month the amount of all fines collected by them, from whom collected, and what the fine was for, and at the same time pay to the county treasurer in money the full amount of the fines collected…

(1) Actions at law in justice courts shall be commenced and prosecuted to final determination and judgment enforced therein, in the manner provided for similar actions in the circuit courts, except as in ORS 52.010 to 52.710 otherwise provided. (2) All disbursements shall in all …

The mode of proceeding and the rules of evidence are the same in a justice court as in a like action or proceeding in the circuit courts, except where otherwise specially provided.

The rules in justice courts governing mistakes in pleadings and amendments thereof, vacating defaults and judgments for mistake, inadvertence, surprise or excusable neglect, the formation of issues of both law and fact, the postponing of trials for cause shown, the mode of trial,…

The justice of the peace of every justice court shall mail a notice to each of the attorneys of record, or, to the plaintiff where there is no licensed attorney representing the plaintiff, in every pending civil action, suit or proceeding in their respective courts in which no pr…

ORS 33.015 to 33.155, defining acts that constitute contempt and the proceedings for imposing sanctions for contempt, apply to justice courts. [Amended by 1991 c.724 §20; 1999 c.605 §4; 2005 c.22 §34]

Any person may act as attorney for another in a justice court, except a person or officer serving any process in the action or proceeding, other than a subpoena. (Summons)

(1) At any time after the action is commenced by the filing of a complaint with the justice of the peace, the plaintiff may cause a summons to be served on the defendant. It shall be subscribed by the plaintiff or plaintiff’s attorney or the justice of the peace. It shall specify…

(1) The summons in an action in a justice court shall be served by a person authorized to serve summons, who shall be compensated for service of the summons, as provided for the service of summons in civil action in a circuit court. (2) The summons shall be served in the manner p…

Whenever it appears to the justice that any process or order authorized to be issued or made will not be served for want of an officer, the justice may appoint any other person authorized by ORS 52.120, to serve it. Such an appointment may be made by an indorsement on the process…

If the plaintiff is a nonresident of this state, the justice may require the plaintiff to give an undertaking with one or more sureties, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, for the disbursements of the action before issu…

(1) The undertaking may be substantially in the following form: ______________________________________________________________________________ “I, A B,” or “We, A B and C D, undertake to pay E F, the defendant in this action, all disbursements that may be adjudged to E F in this …

In a civil action in a justice court the plaintiff is entitled to the benefit of the provisional remedies of attachment and delivery of personal property claimed in the action, as in like cases in the circuit courts. All affidavits, orders and undertakings for these remedies are …

The provisions for proceedings in the circuit courts on attachment and delivery of personal property shall govern in like cases in justice courts, except as otherwise provided. [Amended by 1981 c.898 §42]

Real property or any interest therein cannot be attached upon a writ of attachment in a civil action in a justice court.

The pleadings in actions in justice courts, the forms thereof and the rules by which the sufficiency of the pleadings are to be determined, shall be those prescribed for civil actions in the circuit courts.

In all actions instituted in a justice court a defendant shall have the right to plead a counterclaim in excess of the jurisdiction of the court, whereupon the justice of the peace shall, within 10 days following the filing of the answer, file with the clerk of the circuit court …

(1) Parties to judicial proceedings in justice courts are required to contribute toward the expense of maintaining justice courts, or a particular action or proceeding therein, by the payment of a trial fee, except that a trial fee may not be required for a hearing or trial in th…

(1) The trial fee in a justice court shall be paid to the justice upon the demand for a jury, and unless so paid the demand shall be disregarded and the trial proceed as if no demand had been made. (2) If the party paying the fee prevails in the action or proceeding so as to be e…

When the state or any county is a party to a judicial proceeding in a justice court, the state or county need not pay the trial fee upon demanding a jury, and if the state or county is entitled to recover costs therein, the trial fee shall be allowed and taxed in the state’s or c…

In a justice court, the trial fee is paid to the justice. The justice shall keep an account of such fees, and by whom paid, and distribute the amount among the jury in the particular case, in partial payment of their legal fees. (Trial and Judgment)

When a cause is at issue upon a question of fact, the justice must, upon sufficient cause shown on the application of either party, postpone the trial for a period not exceeding 60 days.

An application for the postponement of the trial shall not be granted unless the party applying therefor, if required by the adverse party, consents to take the deposition of any witness of the adverse party then in attendance upon the court. If the consent is given, the justice …

(1) The justice shall change the place of trial, on motion of either party to the action, when it appears from a supporting affidavit of the party that: (a) The justice is a party to or directly interested in the event of the action, or connected by consanguinity or affinity with…

(1) The disbursements of the change of venue shall be paid by the party applying therefor, and not taxed as a part of the costs in the case. (2) It shall not be necessary to issue new subpoenas to witnesses, but the witnesses shall appear before the justice before whom the cause …

Upon the filing of the transcript and papers with the justice to whom the cause has been transferred, the change of venue shall be deemed complete, and thereafter the action shall proceed as though it had been commenced before such justice.