Oregon Statutes 46.475 – Additional time for appearances; default and dismissal
(1) Upon written request, the court may extend to the parties additional time within which to make formal appearances required in the small claims department of a circuit court.
Terms Used In Oregon Statutes 46.475
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) If the defendant fails to pay the claim, demand a hearing, or demand a jury trial and comply with ORS § 46.465 (3)(c), upon written request from the plaintiff the clerk shall enter a judgment against the defendant for the relief claimed plus the amount of the small claims filing fees and service expenses paid by the plaintiff and the prevailing party fee provided by ORS § 20.190.
(3) If the plaintiff fails within the time provided to file a formal complaint pursuant to ORS § 46.465 (3)(a), the clerk shall dismiss the case without prejudice.
(4) If the defendant appears at the time set for hearing but no appearance is made by the plaintiff, the claim shall be dismissed with prejudice. If neither party appears, the claim shall be dismissed without prejudice.
(5) Upon good cause shown within 60 days, the court may set aside a default judgment or dismissal and reset the claim for hearing. [1971 c.760 § 9; 1977 c.875 § 6; 1985 c.496 § 15; 1991 c.111 § 6; 1995 c.618 8,8a; 1995 c.658 § 51; 1997 c.46 12,13; 1999 c.84 § 10; 2011 c.595 § 52]
[Amended by 1969 c.683 § 3; repealed by 1971 c.760 § 11]