Title 21 · ORS Chapter 21

constitute a monetary obligation of the obligor that is payable to the

Citation: ORS 21.698

Section: 21.698

21.698 constitute a monetary obligation of the obligor that is payable to the county in which the justice court or county court is located. The court may render a judgment in favor of the state or county for any unpaid part of the obligation. A limited or supplemental judgment may be rendered for the obligation, or the obligation may be included in the general judgment in an action or proceeding. If the court renders a limited judgment for the obligation, the money award may be only for unpaid fees and court costs and may not include any other financial obligation. A court administrator may sign a judgment for deferred fees and costs on behalf of the court.

����� (2) A court may render a limited or supplemental judgment for unpaid deferred fees or costs, or include a money award for the obligation in a general judgment, without further notice to the obligor or further order of the court.

����� (3) An obligor subject to a judgment for unpaid fees and court costs may move for relief from the judgment based on a showing that the obligor�s financial circumstances have changed since the time of the entry of the judgment such that the obligor is no longer able to pay the judgment amount. A motion for relief under this subsection must be made in the manner provided by ORCP 71 and must be made within one year after the judgment containing the money award is entered. [2007 c.493 �5]

����� 21.695 Waiver or deferral of costs of transcript on appeal. (1) In a civil action or proceeding, the Supreme Court or the Court of Appeals may waive in whole or in part, defer in whole or in part, or partially waive and partially defer, the expense of preparing a transcript on appeal if:

����� (a) The party requesting the transcript is unable to pay the expense of preparing the transcript; and

����� (b) The party requesting the transcript makes a prima facie showing that the transcript is necessary to prosecute the appeal and would reveal reversible error in the action or proceeding.

����� (2) If the Supreme Court or the Court of Appeals waives or defers any part of the expense of preparing a transcript on appeal, the court shall authorize preparation of only as much of the transcript as is necessary to prosecute the appeal. The State Court Administrator shall pay the unpaid costs of preparing the transcript out of funds appropriated for that purpose.

����� (3) If the Supreme Court or the Court of Appeals defers payment of any part of the expense of preparing a transcript on appeal and any part of the deferred expense remains unpaid at the conclusion of the appeal, a judgment may be entered for the unpaid amount in the manner provided by ORS 21.692.

����� (4) If the State Court Administrator pays any costs of preparing a transcript on appeal under subsection (2) of this section and costs on appeal are awarded to the obligor, a money award to the State Court Administrator shall be included in the judgment for all waived or deferred transcript costs paid by the State Court Administrator.

����� (5) Waiver or deferral under this section of the transcript costs of an adult in custody, as defined in ORS 30.642, is subject to ORS 30.642 to 30.650. [2007 c.493 �6; 2019 c.213 �2]

����� 21.698 Confidentiality of information related to waiver or deferral. (1) Except as provided in subsection (2) of this section, information supplied by a person filing an application for waiver or deferral of fees or court costs, and information collected by the courts for purposes of determining eligibility for waiver or deferral of fees or costs, is confidential and may not be used for any purpose other than determining eligibility for waiver or deferral.

����� (2) Information described in subsection (1) of this section may be:

����� (a) Introduced in an action or proceeding arising out of a determination that a person is not eligible for waiver or deferral of fees or court costs;

����� (b) Introduced in a proceeding arising as a result of an allegation that a person has supplied false information in seeking waiver or deferral of fees or court costs;

����� (c) Used by a court, the Department of Revenue and the assignees of a court or the Department of Revenue for the purpose of collecting delinquent amounts owed to this state by the person providing the information; and

����� (d) Released pursuant to a subpoena issued as a result of an allegation that a person has supplied false information in seeking waiver or deferral of fees or court costs. [2007 c.493 �7]

����� 21.700 Interest on judgments for deferred fees and costs; satisfaction; compromise prohibited. (1) Notwithstanding ORS 82.010, judgments resulting from the deferral of fees and court costs under the provisions of ORS 21.680 to 21.698 bear no interest.

����� (2) If a judge of a circuit or county court defers payment of any fees or court costs under the provisions of ORS 21.680 to 21.698, and the amount of those deferred fees or court costs is subsequently paid in full, the trial court administrator for the court shall note in the register or docket that the deferred fees and costs have been paid in full. Notation in the register or docket that deferred fees and costs have been paid in full constitutes a satisfaction of the judgment for those fees and costs.

����� (3) If the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals or the judge of the Oregon Tax Court defers payment of any fees or court costs under the provisions of ORS 21.680 to 21.698, including deferral of the cost of preparing the transcript on appeal, and the amount of those deferred fees or court costs is subsequently paid in full, the State Court Administrator shall note upon the register of the court that the deferred fees and costs have been paid in full. Notation in the register that deferred fees and costs have been paid in full constitutes a satisfaction of the judgment for those fees and costs.

����� (4) Upon notation in the register or docket that deferred fees and costs have been paid in full, a certified copy of the notation may be filed with any circuit court or County Clerk Lien Record in which the judgment was filed under the provisions of ORS 21.680 to 21.698. Upon filing of the certified copy, the trial court administrator for the court, or the county clerk if the judgment was filed in the County Clerk Lien Record, shall cause the certified copy to be entered in the register or docket of the court or recorded in the County Clerk Lien Record.

����� (5) Judgments resulting from the deferral of fees and court costs under the provisions of ORS