ORS Chapter 22 - Oregon Statutes

Chapter 22 — Bondsand Other Security Deposits

 

2009 EDITION

 

 

BONDSAND OTHER SECURITY DEPOSITS

 

PROCEDUREIN CIVIL PROCEEDINGS

 

22.010       State,county or city not required to furnish any bond in any action

 

22.020       Depositof money, letter of credit, checks or federal or municipal obligations, in lieuof security or bond

 

22.030       Officerswith whom deposit is made; duplicate receipts

 

22.040       Filingduplicate receipt

 

22.050       Dischargeor forfeiture of bond or security; garnishment

 

22.060       Depositto be in special fund or depository; interest

 

22.070       Redemptionof money or securities; exchange of securities

 

22.090       Qualificationsand justification of surety

 

      22.010State, county or city not required to furnish any bond in any action. The state, orany county or incorporated city, shall not be required to furnish any bond orundertaking upon appeal or otherwise in any action or proceeding in any courtin this state in which it is a party or interested.

 

      22.020Deposit of money, letter of credit, checks or federal or municipal obligations,in lieu of security or bond. (1) In any cause, action, proceeding ormatter before any court, board or commission in this state or upon appeal fromany action of any such court, board or commission, where bond or securitydeposit of any character is required or permitted for any purpose, it is lawfulfor the party required or permitted to furnish such security or bond todeposit, in lieu thereof, in the manner provided in ORS 22.020 to 22.070,money, an irrevocable letter of credit issued by an insured institution, asdefined in ORS 706.008, a certified check or checks on any state or nationalbank within this country payable to the officer with whom such check is filed,satisfactory municipal bonds negotiable by delivery, or obligations of theUnited States Government negotiable by delivery, equal in amount to the amountof the bond or security deposit so required or permitted.

      (2)Notwithstanding subsection (1) of this section, an irrevocable letter of creditmay not be furnished to a court in lieu of other security or bond to bedeposited in any criminal offense, action, proceeding or matter before anycourt, in a protective proceeding under ORS chapter 125, or in any cause,action, proceeding or matter before any court under ORS 105.395, 111.185,113.005, 113.035, 113.105, 113.115, 114.325 and 125.715. In any other type ofcivil cause, action, proceeding or matter before any court, an irrevocableletter of credit may be furnished pursuant to subsection (1) of this sectionsubject to approval of its terms by the parties and to its being in the formand amount prescribed by statute, rule or order of the court. [Amended by 1973c.836 §316; 1991 c.331 §8; 1995 c.664 §73; 1997 c.631 §368; 1999 c.1051 §236]

 

      22.030Officers with whom deposit is made; duplicate receipts. (1) Any partydesiring to make use of the provisions of ORS 22.020 to 22.070 shall, except asprovided in subsection (2) of this section, make or cause to be made, with thetreasurer of the county or city within which the bond is to be furnished, or,in any case, with the State Treasurer, the deposit authorized by ORS 22.020.The treasurer, upon tender, must accept such money or securities and deliver tothe depositor a duplicate receipt reciting the fact of such deposit; provided,that in case of bond or security deposit is required after the office hours ofany such treasurer with whom it is desired to make the deposit, the deposit maybe made with the chief clerk of such court, board or commission or with thesheriff of the county or the deputy in charge of the county jail or the sheriff’soffice, who shall accept the same, giving duplicate receipts therefor, andcause such money or securities to be delivered to the proper treasurer within48 hours thereafter.

      (2)In any criminal case or in any proceeding in any court the deposit may be madewith the court or clerk thereof, with the same effect and result as though madewith such treasurer, and it shall not be necessary for the money or securitiesto be delivered to the treasurer. [Amended by 1973 c.836 §317; 1999 c.1051 §237]

 

      22.040Filing duplicate receipt. The filing of one of such duplicate receipts withthe court, board or commission with which such bond or security deposit isrequired or permitted to be filed shall have the same effect as the furnishingof such bond or security deposit and shall be taken and accepted by the court,board or commission or by the chief clerk in lieu of such bond or securitydeposit. [Amended by 1973 c.836 §318; 1999 c.1051 §238]

 

      22.050Discharge or forfeiture of bond or security; garnishment. If the bond orsecurity deposit is discharged, an order to that effect shall be entered uponthe records of the court, board or commission with a statement of the amount tobe returned to the person making the deposit. Upon presentation to thetreasurer of a copy of such order, duly certified by the clerk of the court,board or commission making the same, the treasurer shall pay to the personnamed therein or to the order of the person the amount specified or shallreturn the securities, as the case may be. If the bond or security deposit isforfeited, an order to that effect shall be entered upon the records of thecourt, board or commission, and upon presentation to the treasurer of a copy ofsuch order, certified by the chief clerk of the court, board or commissionmaking the same, the treasurer shall make such disposition of the money orsecurities as the order shall provide. In case the money or securities are inthe hands of the clerk of the court, board or commission at the time the bondor security deposit is declared discharged or forfeited, the clerk shall makethe same disposition of the money or securities as the treasurer would berequired to make in similar circumstances. Whenever the order of the court,board or commission requires or contemplates the same, the treasurer or clerkshall indorse to the proper party any certified check deposited with thetreasurer or clerk as security. Money or securities deposited under ORS 22.020to 22.070 shall not be subject to garnishment. [Amended by 1973 c.836 §319;1999 c.1051 §239]

 

      22.060Deposit to be in special fund or depository; interest. Any money orsecurities received by any treasurer under the provisions of ORS 22.030 shallbe deposited in a special fund or place of deposit subject to the order of theproper court, board or commission. Any interest accumulating upon such fundshall be paid into the general fund or corresponding fund of the state, countyor city, according to the nature of the case or in accordance with the order ofthe proper court, board or commission; provided, however, that when bonds orother securities are deposited the interest coupons shall not be detachedtherefrom but shall follow the disposition of the securities.

 

      22.070Redemption of money or securities; exchange of securities. Any partymaking use of the provisions of ORS 22.020 to 22.070 may, at any time beforeforfeiture of the same, redeem any money or securities so deposited bysubmitting the bond originally required or permitted, or may exchange suchsecurities for others of equal value if satisfactory to the officer with whomthe same have been deposited. [Amended by 1999 c.1051 §240]

 

      22.090Qualifications and justification of surety. References in the statute lawsof this state to the qualifications of a surety in a bond or undertaking as inbail on arrest and the justification of that surety are intended to be andshall be considered, except where and to the extent that the context of areference requires otherwise, references to the qualifications andjustification of a surety as provided in ORCP 82 D through G. [1981 c.898 §14]

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