(1) Unless a specific fee is provided by subsection (3) or (4) of this section or other law for a proceeding, a circuit court shall collect a filing fee of $281 when a complaint or other document is filed for the purpose of commencing an action or other civil proceeding and when an answer or other first appearance is filed in the proceeding.

Terms Used In Oregon Statutes 21.135

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) Except as provided in subsection (5) of this section, the filing fee established by subsection (1) of this section applies to:

(a) Proceedings in which only equitable remedies are sought.

(b) Appeals from a conviction of a violation in justice or municipal courts as provided in ORS § 21.285.

(c) Interpleader actions.

(d) Actions relating to a trust.

(e) Proceedings for judicial review of an agency order.

(f) Declaratory judgment actions.

(g) Any other action or proceeding that is statutorily made subject to the fee established by this section and any other civil proceeding for which a specific filing fee is not provided.

(3)(a) The circuit court shall collect a filing fee of $263 in adoption cases under ORS Chapter 109, excluding readoptions under ORS § 109.385, when a petition is filed for the purpose of commencing an adoption proceeding or when any other document or other first appearance is filed in the proceeding. The fee shall include the cost of issuing one or more certificates of adoption under ORS § 109.410.

(b) When separate petitions for adoption of multiple minor children are concurrently filed under ORS § 109.276 by the same petitioner, one filing fee shall be charged for the first petition filed and the filing fees for concurrently filed petitions shall not be charged.

(4) The circuit court shall collect a filing fee of $56 for actions seeking remedial sanctions for contempt of court under ORS § 33.055 and when a first appearance is filed in the proceeding.

(5) The filing fee established under subsection (1) of this section does not apply to:

(a) Expunction proceedings under ORS § 419A.261 or 419A.262;

(b) Petitions under ORS § 163A.130 or 163A.135 for an order relieving the person from the duty to report as a sex offender if the person is required to report under ORS § 163A.025; or

(c) Any juvenile delinquency proceeding arising under ORS Chapter 419B or 419C. [2011 c.595 § 8; 2013 c.685 30,30a; 2014 c.76 § 4; 2015 c.511 § 8; 2015 c.512 § 1a; 2017 c.663 § 2; 2019 c.605 § 1; 2021 c.597 § 8; 2023 c.182 § 10; 2023 c.302 § 7]

 

[Amended by 1961 c.563 § 1; 1963 c.519 § 8; 1965 c.619 § 12; renumbered 21.350]

 

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