Title 21 · ORS Chapter 21
205.255] ����� 21.560 [Repealed by 1983 c.763 �24] ����� 21.570 [Amended by 1965 c.619 �17; 1967 c.398 �6; repealed by 1983 c.763 �24] ����� 21.580 [Amended by 1965 c.619 �18; 1981 s.s. c.
Citation: ORS 205.255
Section: 205.255
205.255]
����� 21.560 [Repealed by 1983 c.763 �24]
����� 21.570 [Amended by 1965 c.619 �17; 1967 c.398 �6; repealed by 1983 c.763 �24]
����� 21.580 [Amended by 1965 c.619 �18; 1981 s.s. c.3 �87; 1983 c.763 �22; 1985 c.496 �26; 1991 c.790 �3; repealed by 2011 c.595 �69]
����� 21.590 [Repealed by 1981 s.s. c.3 �141]
����� 21.600 [Amended by 1965 c.619 �19; 1967 c.398 �7; repealed by 1985 c.496 �32]
����� 21.605 [1969 c.288 �1; 1973 c.67 �1; 1977 c.416 �2; 1981 s.s. c.3 �88; 1983 c.673 �24; 1985 c.342 �24; 1985 c.496 �24; 1995 c.273 �11; 1995 c.658 �25; 1999 c.367 �4; 1999 c.657 �7a; 2003 c.518 �5; 2003 c.576 �178; 2003 c.737 �85; 2007 c.129 �19; repealed by 2007 c.493 ��18,18a]
����� 21.607 [1995 c.273 �12; 1997 c.801 �129; 1999 c.367 �17; 2003 c.576 �179; 2007 c.493 �9; renumbered 21.700 in 2007]
����� 21.610 [Amended by 1963 c.519 �22; repealed by 1965 c.619 �39]
����� 21.615 [1985 c.342 �27; 1999 c.1051 �120; 2007 c.493 �10; 2011 c.595 �101; renumbered 21.285 in 2011]
����� 21.620 [Amended by 1963 c.519 �23; 1965 c.619 �20; repealed by 1981 s.s. c.3 �141]
����� 21.630 [Repealed by 1955 c.458 �5]
����� 21.640 [Repealed by 1955 c.458 �5]
����� 21.650 [Repealed by 1955 c.458 �5]
����� 21.660 [Amended by 2003 c.576 �288; repealed by 2011 c.595 �114]
����� 21.670 [Repealed by 2011 c.595 �114]
WAIVER AND DEFERRAL OF FEES
����� 21.680 Definitions for ORS 21.680 to 21.698. As used in ORS 21.680 to 21.698:
����� (1) �Applicant� means a person who applies for waiver or deferral of fees or court costs under ORS 21.680 to 21.698.
����� (2) �Court administrator� means:
����� (a) The State Court Administrator for the Supreme Court, the Court of Appeals and the Oregon Tax Court;
����� (b) A trial court administrator in a circuit court that has a trial court administrator; and
����� (c) The clerk of the court in all other courts.
����� (3) �Judge� means the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, a judge of a circuit or county court, the judge of the Oregon Tax Court, a tax court magistrate or a justice of the peace.
����� (4) �Obligor� means a person who has had payment of all or part of fees or court costs deferred under ORS 21.680 to 21.698. [2007 c.493 �1]
����� 21.682 Authority to waive or defer fees and court costs; delegation. (1) A judge may waive or defer all or part of the fees and court costs payable to the court by a party in a civil action or proceeding, including sheriff�s fees under ORS 21.300 (1)(a), if the judge finds that the party is unable to pay all or any part of the fees and costs. Waiver or deferral under this section of the fees or court costs of an adult in custody, as defined in ORS 30.642, is subject to ORS 30.642 to 30.650.
����� (2) A presiding judge may delegate authority to waive or defer fees and court costs under this section to the court administrator for the court in which the judge serves. A delegation of authority under this subsection must be in writing and must be subject to clear standards. If a delegation is made under this subsection, an applicant may seek review of the court administrator�s decision by a judge. If an applicant requests review of a court administrator�s decision, the court administrator shall forward the application for waiver or deferral of the fees or court costs to the appropriate judge.
����� (3) A court may not delay or refuse to enter an order or judgment in an action or proceeding because deferred fees and court costs have not been paid.
����� (4) The Chief Justice of the Supreme Court by order may provide standards and practices for waiver or deferral of fees or court costs under ORS 21.680 to 21.698. [2007 c.493 �2; 2009 c.484 �5; 2019 c.213 �1]
����� 21.685 Application for waiver or deferral of fees or court costs. Upon request of a party, a court administrator shall provide a party with an application for waiver or deferral of fees or court costs. The form of the application must be consistent with the standards prescribed by the Chief Justice of the Supreme Court under ORS 21.682 (4). The application must contain a notice that the court may enter judgment against the applicant for any deferred fees or court costs. A fee may not be charged for providing the application or for the filing of an application. [2007 c.493 �3]
����� 21.690 Waived fees; recovery. (1) If the fees and court costs of a person have been waived under ORS 21.680 to 21.698 and the person prevails in the action or proceeding for which fees and court costs were waived, the court may include in the judgment a money award, payable by any party who is liable to the person receiving the waiver for costs and disbursements in the action or proceeding, in an amount equal to the waived fees and court costs. The money award shall be in favor of the state in courts other than justice courts and county courts. In justice courts and county courts, the money award shall be in favor of the county in which the justice court or county court is located. The judgment debtor must pay the money award amount to the court administrator.
����� (2) The state is liable for the payment of fees and court costs waived by a court only if a money award as described in subsection (1) of this section is entered against the state. [2007 c.493 �4]
����� 21.692 Judgment for deferred fees and court costs. (1) In courts other than justice courts and county courts, fees and court costs deferred under ORS 21.680 to 21.698 constitute a monetary obligation of the obligor that is payable to the state. In justice courts and county courts, fees and court costs deferred under ORS 21.680 to