(1) Except as provided in subsection (2) of this section, the court may not waive or defer the fees or court costs under ORS § 30.643 for an adult in custody if the adult in custody has, on three or more prior occasions while incarcerated or detained in any correctional facility, filed an action against a public body in a court of this state that was dismissed on the grounds that the action:

Terms Used In Oregon Statutes 30.645

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109

(a) Was frivolous or malicious;

(b) Failed to state a claim upon which relief could be granted; or

(c) Sought monetary relief from a defendant who is immune from a claim for monetary relief.

(2) The court may waive or defer fees or court costs of an adult in custody who would not otherwise be eligible for waiver or deferral under subsection (1) of this section if the adult in custody establishes in the application for waiver or deferral that the adult in custody is in imminent danger of serious physical injury and the action against a public body is needed to seek relief from that danger. [1999 c.657 § 3; 2007 c.493 § 12; 2019 c.213 § 6]

 

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