Title 21 · ORS Chapter 21
in 1997]
Citation: ORS 21.325
Section: 21.325
21.325 in 1997]
����� 21.070 [1981 s.s. c.3 �82; 1983 c.763 �40; renumbered 21.335 in 1997]
CIRCUIT COURT FEES
(Filing Fees)
����� 21.100 Filing fees payable in advance. A pleading or other document may be filed by the circuit court only if the filing fee required by law is paid by the person filing the document or a request for a fee waiver or deferral is granted by the court. Filing fees are not refundable under any circumstances. Unless otherwise specifically provided by statute, the filing fee for an action or proceeding is the only fee or charge that may be collected for the filing, whether by the court or any other public body, as defined by ORS 174.109. [2011 c.595 �4]
����� 21.105 Caption of pleading; amended pleadings. (1) The caption of any complaint or other document filed in a circuit court for the purpose of commencing an action or other civil proceeding must include a reference to the statute that establishes the filing fee for the proceeding. If the proceeding is subject to a filing fee established under ORS 21.160, the caption must indicate the amount in controversy. If the proceeding is subject to a filing fee established under ORS 21.170 or 21.180, the caption must indicate the value of the estate.
����� (2) If at any time a party files an amended pleading in a proceeding that is subject to a filing fee established under ORS 21.160, 21.170 or 21.180, and the pleading increases the amount in controversy or the value of the estate in the proceeding, the caption of the pleading must note that increased amount. The court shall collect an additional filing fee from the party filing the pleading that is equal to the difference between the filing fee that was paid by the party when the original pleading was filed and the filing fee that would have been collected if the amount had been pleaded in the original pleading.
����� (3) If at any time the court determines that a party has failed to comply with the requirements of this section, the court may require that the party pay all fees that should have been paid at the time the document was filed. [2011 c.595 �5]
����� 21.110 [Amended by 1955 c.458 �1; 1959 c.563 �2; 1965 c.619 �8; 1971 c.621 �1; 1975 c.607 �1; 1979 c.833 �3; 1981 s.s. c.3 ��68,69; 1983 c.581 �2; 1983 c.763 �20; 1985 c.496 �1; 1995 c.273 �8; 1995 c.658 �140; 1995 c.664 �69; 1997 c.801 ��25,25a; 2003 c.530 �4; 2003 c.737 ��8a,10a; 2005 c.702 ��9,10,11; 2007 c.129 �12; 2007 c.860 �2; 2009 c.659 ��14,16; 2009 c.885 ��37b,37c; 2010 c.107 ��28,29,31; 2011 c.271 ��5,6; 2011 c.398 ��5,6; repealed by 2011 c.595 �7]
����� 21.111 [1997 c.801 �26; 2003 c.737 ��12,14a,14c; 2005 c.702 ��13,14,15; 2007 c.129 �13; 2007 c.666 �1; 2007 c.860 �3; repealed by 2011 c.595 �10]
����� 21.112 [1963 c.434 �11; 1971 c.280 �20; 1975 c.607 �2; 1979 c.833 �4; 1981 c.835 �1; 1981 s.s. c.3 �70; 1983 c.671 �6; 1983 c.763 �38; 1985 c.412 �1; 1995 c.273 �9; 1997 c.475 ��5,5a; 1999 c.59 �11; 2001 c.394 �1; 2003 c.737 �107; repealed by 2011 c.595 �108]
����� 21.114 [Formerly 21.320; 2003 c.737 ��16,17; 2005 c.702 ��17,18,19; 2007 c.129 �14; 2007 c.860 �4; repealed by 2011 c.595 �17]
����� 21.115 [Formerly 21.210; 1965 c.619 �9; renumbered 21.375]
����� 21.120 [Amended by 1959 c.453 �1; 1963 c.519 �6; 1965 c.619 �10; 1967 c.111 �2; 1971 c.621 �2; 1981 c.571 �1; 1981 s.s. c.3 �71; repealed by 1981 s.s. c.3 �141]
����� 21.125 [2007 c.860 �29; 2009 c.484 �4; 2011 c.398 �2; 2011 c.595 �73; renumbered 21.200 in 2011]
����� 21.130 [Amended by 1959 c.678 �1; 1963 c.519 �7; 1965 c.619 �11; 1967 c.111 �3; 1971 c.61 �1; 1979 c.631 �1; repealed by 1981 s.s. c.3 �141]
����� 21.135 Standard filing fee. (1) Unless a specific fee is provided by subsection (3) or (4) of this section or other law for a proceeding, a circuit court shall collect a filing fee of $281 when a complaint or other document is filed for the purpose of commencing an action or other civil proceeding and when an answer or other first appearance is filed in the proceeding.
����� (2) Except as provided in subsection (5) of this section, the filing fee established by subsection (1) of this section applies to:
����� (a) Proceedings in which only equitable remedies are sought.
����� (b) Appeals from a conviction of a violation in justice or municipal courts.
����� (c) Interpleader actions.
����� (d) Actions relating to a trust.
����� (e) Proceedings for judicial review of an agency order.
����� (f) Declaratory judgment actions.
����� (g) Any other action or proceeding that is statutorily made subject to the fee established by this section and any other civil proceeding for which a specific filing fee is not provided.
����� (3)(a) The circuit court shall collect a filing fee of $263 in adoption cases under ORS chapter 109, excluding readoptions under ORS 109.385, when a petition is filed for the purpose of commencing an adoption proceeding or when any other document or other first appearance is filed in the proceeding. The fee shall include the cost of issuing one or more certificates of adoption under ORS 109.410.
����� (b) When separate petitions for adoption of multiple minor children are concurrently filed under ORS 109.276 by the same petitioner, one filing fee shall be charged for the first petition filed and the filing fees for concurrently filed petitions shall not be charged.
����� (4) The circuit court shall collect a filing fee of $56 for actions seeking remedial sanctions for contempt of court under ORS 33.055 and when a first appearance is filed in the proceeding.
����� (5) The filing fee established under subsection (1) of this section does not apply to:
����� (a) Expunction proceedings under ORS 419A.261 or 419A.262;
����� (b) Petitions under ORS 163A.130 or 163A.135 for an order relieving the person from the duty to report as a sex offender if the person is required to report under ORS