ORS Chapter 21 - Oregon Statutes

Chapter 21 — FeesGenerally

 

2009 EDITION

 

FEESGENERALLY

 

PROCEDUREIN CIVIL PROCEEDINGS

 

TEMPORARYFEES

 

(Temporaryprovisions imposing fees between October 1, 2009, and July 1, 2011, arecompiled as notes preceding ORS 21.010)

 

APPELLATECOURT FEES

 

21.010       Filingand appearance fees on appeal

 

21.020       Feesfor seal, copies of records and other services

 

21.040       Filingfees in cases of original jurisdiction

 

CIRCUITCOURT FEES

 

(Filingand Appearance Fees)

 

21.110       Filingand appearance fees in circuit court

 

21.111       Filingand appearance fees in certain domestic relations cases

 

21.112       Additionalfee for conciliation, mediation and other services and programs in certaindomestic relations cases

 

21.114       Filingand appearance fees in adoption and change of name proceedings; trial orhearing fee

 

(MotionFees)

 

21.125       ChiefJustice authorized to impose fees on motions

 

(Trialand Hearing Fees)

 

21.270       Trialfees

 

21.275       Hearingfees

 

(ProbateFees)

 

21.310       Probatefiling fees and trial fee

 

(MiscellaneousCircuit Court Fees)

 

21.325       Miscellaneouscircuit court fees

 

(Dispositionof Fees)

 

21.335       Dispositionof circuit court fees

 

LAWLIBRARY FEES

 

21.350       Lawlibrary fees

 

FORMFEES

 

21.361       Feesfor forms provided by courts; exception

 

21.363       CourtForms Revolving Fund

 

SHERIFFAND PROCESS SERVER FEES

 

21.410       Sheriffand process server fees for services in civil actions, suits and proceedings

 

21.420       Itemizedstatement of charges

 

TRANSCRIPTFEES

 

21.470       Transcriptfees; rules

 

LEGALAID FEES

 

21.480       Legalaid and mediation program fees in circuit courts

 

REFEREEFEES

 

21.510       Refereefees

 

LIABILITYFOR AND PAYMENT OF FEES

 

21.580       Exemptionof state, county and city from certain fees

 

21.615       Paymentof certain fees in appeal to circuit court in any criminal action other thanfor state crime

 

21.660       Advancepayment of, or security for, fees for services in court proceedings

 

21.670       Dutyof officer receiving fees to give receipted cost bill

 

WAIVERAND DEFERRAL OF FEES AND COURT COSTS

 

21.680       Definitionsfor ORS 21.680 to 21.698

 

21.682       Authorityto waive or defer fees and court costs; delegation

 

21.685       Applicationfor waiver or deferral of fees or court costs

 

21.690       Waivedfees; recovery

 

21.692       Judgmentfor deferred fees and court costs

 

21.695       Waiveror deferral of costs of transcript on appeal

 

21.698       Confidentialityof information related to waiver or deferral

 

21.700       Intereston judgments for deferred fees and costs; satisfaction; compromise prohibited

 

MISCELLANEOUSPROVISIONS

 

21.730       Perdiem and mileage for private persons performing services required by law or inexecution of process

 

PENALTIES

 

21.990       Penalties

 

TEMPORARYFEES

 

      Note: Sections 13,25, 32, 33 and 38, chapter 659, Oregon Laws 2009, provide:

      Sec.13.(1) When a person files a third-party complaint in a civil action, suit orproceeding in circuit court, the clerk of the court shall collect from thethird-party plaintiff the same fees, charges and surcharges that would berequired of a plaintiff filing the same complaint in an original action.

      (2)When a third-party defendant files an appearance in a civil action, suit orproceeding in circuit court, the clerk of the court shall collect the samefees, charges and surcharges that would be required of a defendant filing thesame appearance in an original action.

      (3)This section applies only to third-party complaints and appearances filed on orafter October 1, 2009, and before July 1, 2011.

      (4)All amounts imposed as fees under this section shall be deposited in theJudicial System Surcharge Account.

      (5)The collections and revenue management program established under ORS 1.204 maynot be reimbursed under ORS 1.204 from amounts imposed under this section.[2009 c.659 §13]

      Sec.25.(1) In a court with probate jurisdiction, the clerk shall charge and collectthe following fees for an annual or final accounting filed in a probateproceeding or a conservatorship proceeding on or after October 1, 2009, andbefore July 1, 2011:

      (a)If the amount of the estate is not more than $500,000, a fee of $100.

      (b)If the amount of the estate is more than $500,000 and not more than $1 million,a fee of $200.

      (c)If the amount of the estate is more than $1 million, a fee of $300.

      (2)In determining fees under subsection (1) of this section in a probateproceeding, the amount of a settlement in a wrongful death action brought forthe benefit of the decedent’s surviving spouse or dependents is not part of theestate.

      (3)All fees imposed under this section in a circuit court shall be deposited inthe Judicial System Surcharge Account. All fees imposed by a county court underthis section shall be paid to the county treasurer.

      (4)The collections and revenue management program established under ORS 1.204 maynot be reimbursed under ORS 1.204 from fees imposed under this section. [2009c.659 §25]

      Sec.32.(1) In any civil proceeding subject to a fee under ORS 21.110, 21.111, 21.114or 21.310 in which the parties request a settlement conference before a judge,or in which a settlement conference before a judge is required by law or by thecourt, each party participating in the conference shall pay a $50 fee to thecourt before the conference is conducted.

      (2)Notwithstanding ORS 3.428 (3), the fee required under subsection (1) of thissection must be paid when parties request a settlement conference through afamily law facilitation program.

      (3)The fee imposed under this section applies only to settlement conferencesconducted on or after October 1, 2009, and before July 1, 2011.

      (4)All fees imposed under this section shall be deposited in the Judicial SystemSurcharge Account.

      (5)The collections and revenue management program established under ORS 1.204 maynot be reimbursed under ORS 1.204 from fees imposed under this section. [2009c.659 §32]

      Sec.33.(1) In any appeal or petition for review subject to a fee under ORS 21.010, theclerk of the court shall collect a fee of $50 from any party filing a motionfor continuance or a motion for an extension of time for the filing of a briefor other document in the proceeding.

      (2)The fee imposed under this section applies only to motions filed on or afterOctober 1, 2009, and before July 1, 2011.

      (3)All fees imposed under this section shall be deposited in the Judicial SystemSurcharge Account.

      (4)The collections and revenue management program established under ORS 1.204 maynot be reimbursed under ORS 1.204 from fees imposed under this section. [2009c.659 §33; 2009 c.885 §37i]

      Sec.38.(1) In any civil proceeding subject to a fee under ORS 21.110, 21.111, 21.114or 21.310, the clerk of a circuit court shall collect the sum of $10 for filingor submission of an ex parte order or judgment for the purpose of signature bythe judge and entry.

      (2)The fee established under this section may not be collected for filings orsubmissions in small claims actions. The Chief Justice by order may provide forexemptions from the fees established by this section if exemptions are neededfor the equitable imposition of those fees.

      (3)The fee imposed under this section applies only to ex parte orders or judgmentsfiled or submitted on or after October 1, 2009, and before July 1, 2011.

      (4)All fees imposed under this section shall be deposited in the Judicial SystemSurcharge Account.

      (5)The collections and revenue management program established under ORS 1.204 maynot be reimbursed under ORS 1.204 from fees imposed under this section. [2009c.659 §38; 2009 c.885 §37h]

 

APPELLATECOURT FEES

 

      21.010Filing and appearance fees on appeal. (1) Except as provided in this section,the appellant in an appeal or the petitioner in a judicial review in theSupreme Court or the Court of Appeals shall pay a filing fee of $154 in themanner prescribed by ORS 19.265. The respondent in such case and any otherperson appearing in the appeal, upon entering first appearance or filing firstbrief in the court, shall pay to the State Court Administrator the sum of $154.The party entitled to costs and disbursements on such appeal shall recover fromthe opponent the amount so paid.

      (2)Except as provided in this section, the appellant in an appeal or thepetitioner in a judicial review in the Supreme Court or the Court of Appealsshall pay $154 for each additional person named as an appellant or petitioner.The respondent in such case, and any other person appearing in the appeal,shall pay $154 to the State Court Administrator for each additional personnamed as a respondent. The party entitled to costs and disbursements on suchappeal shall recover from the opponent the amount so paid. The Chief Justice byorder may provide for exemptions from the fees established by this subsectionif exemptions are needed for the equitable imposition of those fees.

      (3)Filing and appearance fees may not be assessed in appeals from habeas corpusproceedings under ORS 34.710, post-conviction relief proceedings under ORS138.650, juvenile court under ORS 419A.200 and the involuntary commitment ofpersons determined to be mentally ill under ORS 426.135 or persons determinedto be mentally retarded under ORS 427.295, or on judicial review of orders ofthe Psychiatric Security Review Board under ORS 161.385 (9) or orders of theState Board of Parole and Post-Prison Supervision.

      (4)Filing and appearance fees shall be assessed in an appeal from an appeal to acircuit court from a justice court or municipal court in an action allegingcommission of a state offense designated as a violation or an action allegingviolation of a city charter or ordinance, but not in an action allegingcommission of a state crime.

      (5)Filing and appearance fees shall only be assessed in an appeal in a contemptproceeding seeking imposition of remedial sanctions under the provisions of ORS33.055. [Amended by 1963 c.556 §1; 1967 c.398 §3; 1969 c.198 §50; 1981 s.s. c.3§§66,67; 1985 c.734 §15; 1987 c.852 §4; 1991 c.724 §17; 1993 c.33 §276; 1997c.801 §27; 1999 c.1051 §118; 2003 c.737 §§1,3; 2005 c.702 §§1,2,3; 2005 c.843 §33;2007 c.70 §7; 2007 c.860 §1; 2009 c.659 §28; 2009 c.885 §37e]

 

      Note: The amendmentsto 21.010 by section 30, chapter 659, Oregon Laws 2009, and section 37f,chapter 885, Oregon Laws 2009, become operative July 1, 2011. See section 31,chapter 659, Oregon Laws 2009, and section 37g, chapter 885, Oregon Laws 2009.The text that is operative on and after July 1, 2011, is set forth for the user’sconvenience.

      21.010. (1) Except asprovided in this section, the appellant in an appeal or the petitioner in ajudicial review in the Supreme Court or the Court of Appeals shall pay a filingfee of $154 in the manner prescribed by ORS 19.265. The respondent in such caseand any other person appearing in the appeal, upon entering first appearance orfiling first brief in the court, shall pay to the State Court Administrator thesum of $154. The party entitled to costs and disbursements on such appeal shallrecover from the opponent the amount so paid.

      (2)Filing and appearance fees may not be assessed in appeals from habeas corpusproceedings under ORS 34.710, post-conviction relief proceedings under ORS138.650, juvenile court under ORS 419A.200 and the involuntary commitment ofpersons determined to be mentally ill under ORS 426.135 or persons determinedto be mentally retarded under ORS 427.295, or on judicial review of orders ofthe Psychiatric Security Review Board under ORS 161.385 (9) or orders of theState Board of Parole and Post-Prison Supervision.

      (3)Filing and appearance fees shall be assessed in an appeal from an appeal to acircuit court from a justice court or municipal court in an action allegingcommission of a state offense designated as a violation or an action allegingviolation of a city charter or ordinance, but not in an action allegingcommission of a state crime.

      (4)Filing and appearance fees shall only be assessed in an appeal in a contemptproceeding seeking imposition of remedial sanctions under the provisions of ORS33.055.

 

      Note: Section 29,chapter 659, Oregon Laws 2009, provides:

      Sec.29.(1) The amendments to ORS 21.010 by section 28 of this 2009 Act apply only tofilings and appearances made on or after October 1, 2009, and before July 1,2011.

      (2)All fees imposed under the amendments to ORS 21.010 by section 28 of this 2009Act shall be deposited in the Judicial System Surcharge Account.

      (3)The collections and revenue management program established under ORS 1.204 maynot be reimbursed under ORS 1.204 from fees imposed under the amendments to ORS21.010 by section 28 of this 2009 Act. [2009 c.659 §29]

 

      Note: Section 4 (1),chapter 659, Oregon Laws 2009, provides:

      Sec.4.(1) In addition to the fees provided for in ORS 21.010 (1), for the periodcommencing October 1, 2009, and ending June 30, 2011, at the time of filing aresponse in the Court of Appeals or the Supreme Court, the State CourtAdministrator shall collect a surcharge of $8. [2009 c.659 §4(1)]

 

      21.020Fees for seal, copies of records and other services. (1) The StateCourt Administrator shall collect a fee of $1 for affixing the seal of thecourt to a document.

      (2)The Chief Justice of the Supreme Court by order may establish or authorize feesfor copies of records of the appellate courts and the administrative offices ofthe State Court Administrator, for services relating to those records and forother services that the appellate courts or administrative offices of the StateCourt Administrator are authorized or required to perform for which no fees arespecifically provided by law. The fee established by the Chief Justice forpaper copies of records may not exceed 25 cents per page, except for recordsfor which additional services are required. If additional services arerequired, fees for providing the records are subject to ORS 192.440. [Amendedby 1967 c.398 §4; 1969 c.198 §51; 1971 c.193 §25; 1997 c.801 §47; 2003 c.576 §286;2005 c.385 §1]

 

      21.030 [Repealed by1967 c.398 §10]

 

      21.040Filing fees in cases of original jurisdiction. In casesof original jurisdiction in the Supreme Court, the plaintiff or moving partyshall pay $39 and the defendant or respondent shall pay $22 on the filing oftheir first document. [Amended by 1967 c.398 §5; 1997 c.801 §48; 2003 c.737 §§5,6;2005 c.702 §§5,6,7; 2007 c.129 §11]

 

      21.050 [Amended by1969 c.198 §52; 1971 c.193 §26; repealed by 1981 s.s. c.1 §25]

 

      21.060 [1981 s.s. c.3 §81;1983 c.308 §1; 1985 c.496 §16; 1995 c.658 §23; 1997 c.801 §§49,49a; 1997 c.872 §1;renumbered 21.325 in 1997]

 

      21.070 [1981 s.s. c.3 §82;1983 c.763 §40; renumbered 21.335 in 1997]

 

CIRCUITCOURT FEES