Title 221 · ORS Chapter 221

18.042, 18.048 and 137.071 apply to judgments rendered in municipal courts. ����� (4) The provisions of this section apply to all judgments docketed in municipal courts, including judgments imposed i

Citation: ORS 18.042

Section: 18.042

18.042, 18.048 and 137.071 apply to judgments rendered in municipal courts.

����� (4) The provisions of this section apply to all judgments docketed in municipal courts, including judgments imposed in violation proceedings and other criminal proceedings. [1999 c.788 �8; 2001 c.249 �76; 2003 c.576 �98]

����� 221.347 [1989 c.839 �35; repealed by 1993 c.735 �15]

����� 221.348 [1957 c.378 �1; 1999 c.788 �50; renumbered 221.353 in 1999]

����� 221.349 [1959 c.502 ��1,2,3; 1965 c.626 �1; 1971 c.633 �7; 1973 c.653 �1; 1987 c.766 �1; 1999 c.788 �51; 1999 c.1085 �7; renumbered 221.354 in 1999]

����� 221.350 [Amended by 1985 c.342 �16; 1989 c.123 �2; 1995 c.658 �93; 1999 c.682 �12; renumbered 221.359 in 1999]

����� 221.351 Liens based on municipal court judgment; recording judgment or lien; recording fee. (1) Subject to the requirements of ORS 221.344, a lien on real property of a judgment debtor may be acquired under a judgment docketed in a municipal court in the manner provided in this section. A lien on real property of a judgment debtor may be acquired under the provisions of this section only if:

����� (a) The judgment when docketed in the municipal court exceeds $3,000; or

����� (b) Two or more judgments against the same debtor are docketed in a municipal court in favor of a single judgment creditor and the total amount owing to the judgment creditor, determined by adding the amount of each individual judgment as of the date the judgment is docketed, is greater than $3,000.

����� (2) After a judgment is docketed in a municipal court, a certified copy of the judgment or a lien record abstract for the judgment may be recorded in the County Clerk Lien Record for the county that contains the municipal court that rendered the judgment. The judgment must be in an amount in excess of $3,000 as required by subsection (1) of this section, or be in excess of $3,000 when added to one or more other judgments in favor of a single judgment creditor as provided in subsection (1) of this section. The certified copy or lien record abstract may be recorded by the judgment creditor or by the agent of the judgment creditor at any time after the judgment is rendered and before the judgment expires under ORS 18.194 or is fully satisfied. From the time the judgment is recorded in the County Clerk Lien Record, the judgment is a lien upon the real property of the defendant in the county.

����� (3) A certified copy of a docketed municipal court judgment or a lien record abstract for the judgment may be recorded in any County Clerk Lien Record. The judgment must be in an amount in excess of $3,000 as required by subsection (1) of this section, or be in excess of $3,000 when added to one or more other judgments in favor of a single judgment creditor as provided in subsection (1) of this section. A certified copy of the judgment or a lien record abstract for the judgment need not be recorded in the county that contains the court that rendered the judgment before a certified copy or a lien record abstract is recorded in any other county. If a certified copy of the judgment or a lien record abstract for the judgment has been recorded in any County Clerk Lien Record, a lien record abstract for the judgment in the form provided by ORS 18.170 may be recorded in the County Clerk Lien Record for any other county. From the time the certified copy or lien record abstract is recorded in the County Clerk Lien Record of another county, the judgment is a lien upon the real property of the defendant in that county.

����� (4) A certified copy of a certificate of extension filed under ORS 18.194, or a lien record abstract for the certificate of extension, may be recorded in a County Clerk Lien Record in the same manner as provided for judgments under this section and with like effect. The judgment must meet the requirements of subsection (1) of this section.

����� (5) The recording of a certified copy of a municipal court judgment or a lien record abstract under this section does not extend the lien of the judgment more than 10 years from the original entry of the judgment in the municipal court.

����� (6) The fee for recording a certified copy of a municipal court judgment or a lien record abstract under this section shall be as provided in ORS 205.320.

����� (7) A municipal court and county clerk may enter into an agreement to allow for electronic recording of judgments and lien record abstracts under this section. [1999 c.788 �9; 2003 c.576 �99]

����� 221.352 Municipal court case record. (1) The case record of a municipal court consists of the docket as provided in subsection (2) of this section and the case file as provided in subsection (3) of this section.

����� (2) A municipal court of this state that registers under ORS 221.344 shall maintain a docket. The docket is a record wherein the clerk or court administrator of the municipal court shall enter every action, suit or proceeding commenced in the court. The clerk or court administrator shall note in the docket the following:

����� (a) The title of every action or proceeding commenced in the court, with the names of the parties thereto and the time of commencement thereof.

����� (b) The date of the filing of any pleading or other document.

����� (c) The date of making, filing and entry of any order, judgment, ruling or other direction of the court in or concerning such action, suit or proceeding.

����� (d) An order allowing a provisional remedy, and the date of issuing and returning the summons or other process.

����� (e) The time when each party appears, or a party�s failure to do so.

����� (f) Every postponement of a trial or proceeding, upon whose application and to what time.

����� (g) The demand for a jury, if any, and by whom made.

����� (h) The order for a jury and the time appointed for trial.

����� (i) The return of an order for a jury, the names of the persons impaneled and sworn as a jury and the names of all witnesses sworn and at whose request.

����� (j) The verdict of the jury and when given or, if the jury disagrees and is discharged without giving a verdict, a statement of such disagreement and discharge.

����� (k) The judgment of the court and when signed.

����� (L) The date of filing of the notice of appeal, any undertaking and any justification of the sureties.

����� (m) Satisfaction of the judgment or any part thereof.

����� (n) A memorandum of all orders relating to security release.

����� (o) All other information that may be material or specially required by any statute, court order or rule.

����� (3)(a) The case file consists of every document filed with or by the clerk of the court or court administrator, in any action, suit or proceeding in the court or before the judge.

����� (b) The case file also includes any audio recording or stenographic or other reporting of any municipal court proceeding made pursuant to ORS 221.358, if all parties agree that the recording or other reporting is the official record of the proceeding and the recording or other reporting has been filed with the court.

����� (4) A municipal court may maintain its docket or case files, or both, in electronic form. [1999 c.788 �10; 1999 c.1051 �322a; 2025 c.268 �52]

����� 221.353 Disqualification of municipal judge for prejudice. No judge of a municipal court having two or more judges shall hear to try any action, matter or proceeding if a party thereto or an attorney appearing therein moves the court for a change of judge on grounds of prejudice. The motion shall be supported by an affidavit stating that the judge before whom the action, matter or proceeding is pending is prejudiced against the party or attorney, and that the affiant or the client of the affiant cannot or believes that the affiant or the client of the affiant cannot have a fair and impartial trial or hearing before the judge, and that such motion is not filed for the purpose of delay. The motion shall be filed before the action, matter or proceeding is to be tried or heard. No party or attorney shall make more than one application in any action, matter or proceeding. [Formerly 221.348]

����� 221.354 Trial by jury in criminal cases. (1) In all prosecutions for any crime defined and made punishable by any city charter or ordinance the defendant shall have the right of trial by jury, of six in number. Juries shall be selected from the latest tax roll and registration books used at the last city election in the same manner in which juries are selected for circuit courts. The verdict of the jury shall be unanimous.

����� (2) Where provision is made for the payment of jury fees by the defendant as a deposit to ensure a jury trial, and where the defendant is found not guilty, the deposit shall be returned to the defendant.

����� (3) The deposit required by the municipal court to ensure the right of trial by jury, under the charter of the city, shall not be greater than that provided by ORS 10.061 in courts other than circuit courts for payment for each juror sworn multiplied by the number of jurors constituting a jury under the terms of the charter. [Formerly