Untitled Document

 

JUSTICE COURT FILING FEES AND OTHER FEES

(Effective 10/1/15)


PLEASE NOTE THE FOLLOWING:
            The Clerk of the Court shall not accept for filing any document except upon the payment of the fees set forth below or such other fees as may be allowed or required by law for the filing of such document.  Payment of fees must be by cash, money order or cashiers check.  The Clerk shall not accept personal checks for the payment of fees; personal checks are not legal tender.  The Clerk shall accept a fully completed petition for waiver or deferment of filing fee in lieu of a filing fee, but shall not file any document until an order allowing the waiver or deferment of fees is entered by the Court.

Civil Actions:
First Appearance by Plaintiff $90.00
First Appearance by Defendant  $90.00
Jury Trial Fee $125.00
(paid by party demanding jury trial)
Bench Trial Fee (paid by Plaintiff when trial set) $75.00
                                        
Small Claims:
Plaintiff's Filing Fee   $35.00
Defendant's Answer Fee $35.00
(No Fee to Defendant who confesses or admits claim)
Defendant's Answer with Demand for jury trial  $215.00
(Amount in controversy must exceed $750)
Plaintiff's Additional Fee after Defendant's Answer
with Demand for jury trial 
$55.00
   
FED  [Dwelling Unit to which ORS chapter 90 applies or property described in ORS 105.115(1)(d)(purchase), (e)(deed in lieu of foreclosure), or (f)(land sale contract forfeiture or strict foreclosure]:
Plaintiff's Filing Fee $83.00
Defendant's Answer Fee  $83.00
Jury Trial Fee $125.00
(Jury Trial demand must be made at first appearance and paid by party making demand.)
(There is no filing fee for a defendant who makes the first appearance, unless the defendant files an answer and demands a trial).
                                                            
FED  [Commercial, Agricultural or other property to which ORS ch. 90 does not apply]:
First Appearance by Plaintiff $90.00 [Standard civil action filing fee.]
First Appearance by Defendant  $83.00 [See, ORS 105.130(3)]

Jury Trial Fee
(paid by party demanding jury trial)

$125.00
Bench Trial Fee (paid by Plantiff)  $75.00
{The fees set forth in ORS 105.130(2) and 105.130(6) do not apply to non-residential FED actions.  The Plaintiff’s filing fee for such action is the standard civil action filing fee set forth in ORS 51.130(1)(a); the Defendant’s filing fee is that fee set forth in ORS 105.130(3). 
                                       
  
OTHER FEES:
Writ of Garnishment  $20.00
Writ of Execution  $20.00
[To enforce a small claim judgment, the judgment creditor must also pay an ADDITIONAL $9 to transcribe case to Civil docket, ORS 55.130(2), before writ may issue.]
Transcript of judgment  $9.00
Certified copy of judgment  $9.00
                                         



COSTS AND DISBURSEMENTS:  PREVAILING PARTY FEES

Prevailing party fees are fees set by statute (ORS 20.190) and are awarded to the prevailing party in certain civil actions as a matter of right.  The prevailing party fee is awarded as a part of costs and disbursements.  Prevailing party fees, costs and disbursements, are required to be awarded to the prevailing party as a matter of law. ORS 52.010 (2). A prayer for costs and disbursements in a party's pleading is not necessary to trigger the right to recover costs, disbursements and the prevailing party fee in a justice court civil action. Id.

Prevailing party fees apply only in civil actions; such fees are not available in a criminal action, including traffic violations.  Prevailing Party Fees in Justice Court actions are set forth below. (See ORS 20.190).

                                        

Type of Action No Trial After Trial
Civil Action --No money or damages at Issue $50 $60
Civil Action --Money or Damages at Issue $110 $125
Small Claim--No money or damages at Issue $50 $60
Small Claim--Money or damages at Issue $110 $125
FED--Restitution of Premises Only Issue $50 $60
FED--Restitution & Money Damages at Issue $110 $125