21.145, 21.160 or 21.170, a $111 fee must be paid by the party filing one of the following motions and by the party responding to the motion: ����� (a) A motion for summary judgment under ORCP 47. �

21.145, 21.160 or 21.170, a $111 fee must be paid by the party filing one of the following motions and by the party responding to the motion:

����� (a) A motion for summary judgment under ORCP 47.

����� (b) A motion for judgment notwithstanding the verdict under ORCP 63.

����� (c) A motion for new trial under ORCP 64.

����� (d) A motion for relief from judgment under ORCP 71.

����� (e) A motion for preliminary injunction under ORCP 79.

����� (2) The fees provided for in this section may not be collected from the state, a county, a city or a school district.

����� (3) The fees provided for in this section may not be collected for motions made to an arbitrator or mediator in an arbitration or mediation required or offered by a court, or to any motion relating to an arbitration or mediation required or offered by a court.

����� (4) The clerk shall file a motion or response that is subject to a fee under this section only if the fee required by this section is paid when the motion or response is submitted for filing. [Formerly 21.125; 2017 c.663 �12; 2019 c.605 �12; 2021 c.282 �21; 2023 c.302 �8]

����� 21.205 Motion fees in domestic relations cases. (1) In any action or other proceeding subject to a fee under ORS 21.155, a $167 fee must be paid by the party filing a motion that seeks entry of a supplemental judgment and by a party responding to the motion.

����� (2) The fee provided for in subsection (1) of this section does not apply to any motion under ORCP 68, 69 or 71.

����� (3) In any action or other proceeding subject to a fee under ORS 21.155, a $56 fee must be paid by the party filing a motion under ORS 107.434 and by a party responding to the motion. [2011 c.595 �74; 2017 c.663 �13; 2019 c.605 �13; 2023 c.302 �9]

����� 21.210 [Amended by 1955 c.458 �2; renumbered 21.115 and then 21.375]

(Fees for Settlement Conferences)

����� 21.215 Fees for settlement conferences. (1) In any civil proceeding subject to a fee under ORS 21.155 in which the parties request a settlement conference before a judge, or in which a settlement conference before a judge is required by law or by the court, each party participating in the conference shall pay a $111 fee to the court for each day or partial day during which the conference is conducted.

����� (2) Notwithstanding ORS 3.428 (3), the fee required under subsection (1) of this section must be paid when parties request a settlement conference through a family law facilitation program.

����� (3) In civil proceedings other than those described in subsection (1) of this section, if the parties request a settlement conference before a judge, or a settlement conference before a judge is required by law or by the court, each party participating in the conference shall pay a $223 fee to the court for each day or partial day during which the conference is conducted.

����� (4) The fees required by this section shall be collected in advance, and are due and payable on the first day of the settlement conference. [2009 c.659 �32; 2011 c.595 ��83,83a; 2017 c.663 �15; 2019 c.605 �15]

����� 21.220 [Amended by 1963 c.519 �10; repealed by 1965 c.619 �39]

(Trial Fees)

����� 21.225 Trial fees. (1) In any civil action, suit or proceeding in the circuit court, other than a protective proceeding under ORS chapter 125 or a probate, adoption or change of name proceeding, trial fees shall be collected as provided in this section.

����� (2) The clerk of the circuit court shall collect from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a trial fee of $139 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.

����� (3)(a) The clerk shall collect from the plaintiff or appellant, for a trial by a jury of more than six persons, a jury trial fee of $250 for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a trial by a jury of six persons, a jury trial fee of $167 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial by jury. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.

����� (b) If the plaintiff or appellant waives a trial by jury, and the defendant or respondent desires a trial by jury, the clerk shall collect the jury trial fee from the defendant or respondent, and not from the plaintiff or appellant.

����� (c) A case in which the jury trial fee for the first day of trial has not been paid shall be tried by the court without a jury, unless the court otherwise orders. If a case in which the jury trial fee for the first day of trial has not been paid is tried by a jury, the clerk shall tax against the losing party the total amount of the jury trial fee. The jury trial fee constitutes a monetary obligation payable to the court, and may be made part of the judgment in the case by the clerk without further notice to the debtor or further order of the court.

����� (4) If a counterclaim, cross-claim or third party claim is tried on any day other than a day on which the claim of the plaintiff is tried, the clerk shall collect from the party asserting the counterclaim, cross-claim or third party claim the trial fee or jury trial fee, whichever is applicable, for that day, and shall not collect the applicable fee for that day from the plaintiff. If the party asserting a counterclaim, cross-claim or third party claim waives a trial by jury on the claim, and the party defending against the claim desires a trial by jury on the claim, the clerk shall collect the jury trial fee from the defending party and not from the asserting party.

����� (5) The fees provided for in this section include any reporting of the trial proceedings, but not the preparation of transcripts of a report.

����� (6) Except as otherwise provided in subsection (3)(c) of this section, the fees provided for in this section that are paid by a party shall be considered costs and disbursements and may be taxed and collected as other costs and disbursements by the prevailing party.

����� (7) A court shall order that a trial fee paid under the provisions of this section be refunded to the party that paid the fee if all claims in the action or proceeding are decided without the commencement of a trial and the party that paid the fee files a motion and affidavit requesting refund of the fee not more than 15 days after entry of judgment disposing of the action or proceeding. [Formerly