Oregon Statutes

Chapter 1 - Courts and Judicial Officers Generally

• 1.001   State policy for courts.
  The Legislative Assembly hereby declares that, as a matter of statewide concern, it is in the best interests of the people of this state that...
• 1.002   Supreme Court; Chief Justice as administrative head of judicial department; rules; presiding judges as administrative heads of courts.
  (1) The Supreme Court is the highest judicial tribunal of the judicial department of government in this state. The Chief Justice of the Supreme Court...
• 1.003   Chief Justice’s powers to appoint Chief Judge and presiding judges; terms; disapproval of appointment.
  (1) The Chief Justice of the Supreme Court shall appoint after conferring with and seeking the advice of the Supreme Court, and may remove at...
• 1.004   Supreme Court rules governing coordination of class actions.
  Notwithstanding any other provision of law or the Oregon Rules of Civil Procedure, the Supreme Court shall provide by rule the practice and procedure for...
• 1.005   Credit card transactions for fees, security deposits, fines and other court-imposed obligations; rules.
  The Chief Justice of the Supreme Court or the presiding judge of any judicial district of this state may establish by rule a program to...
• 1.006   Supreme Court rules.
  (1) The Supreme Court may prescribe by rule the form of written process, notices, motions and pleadings used or submitted in civil proceedings and criminal...
• 1.007   Judicial Department Revolving Account; uses; sources.
  (1) There is established in the State Treasury an account to be known as the Judicial Department Revolving Account. Upon the written request of the...
• 1.008   Personnel plan, fiscal plan and property plan.
  The Chief Justice of the Supreme Court shall establish and maintain, consistent with applicable provisions of law: (1) A personnel plan for officers, other than...
• 1.009   Judicial Department Operating Account.
  (1) The Judicial Department Operating Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall...
• 1.010   Powers of courts in administration of court business and proceedings.
  Every court of justice has power: (1) To preserve and enforce order in its immediate presence. (2) To enforce order in the proceedings before it,...
• 1.020   Contempt punishment.
  For the effectual exercise of the powers specified in ORS 1.010, the court may punish for contempt in the cases and the manner provided by
• 1.025   Duty of court and court officers to require performance of duties relating to administration of justice; enforcement of duty by mandamus.
  (1) Where a duty is imposed by law or the Oregon Rules of Civil Procedure upon a court, or upon a judicial officer, clerk, bailiff,...
• 1.030   Seal; form; custody; affixing.
  (1) Each of the following courts, and no other, has a seal: (a) The Supreme Court and the Court of Appeals. (b) Each circuit court...
• 1.040   Sittings of court to be public; when may be private.
  The sittings of every court of justice are public, except that upon the agreement of the parties to a civil action, suit or proceeding, filed...
• 1.050   Time for decision on submitted questions; certificate of compliance with requirement; penalty for false certificate.
  Any question submitted to any judge of any court of, or any justice of the peace in, any of the courts of this state, excepting...
• 1.055   Term of court.
  (1) A term of court is a period of time appointed for the convenient transaction of the business of the court. The existence or nonexistence...
• 1.060   Days for transaction of judicial business; exceptions.
  (1) Except as provided in subsection (2) of this section, the courts of justice may be held and judicial business transacted on any day. (2)...
• 1.070   When court deemed appointed for next judicial day.
  If a day appointed for holding a court, or to which it is adjourned, is a legal holiday, the court is deemed appointed for or...
• 1.080   Place of holding court.
  Every court of justice shall sit at the location designated by or pursuant to law for that purpose. [Amended by 1983 c.763 §1]
• 1.085   Chief Justice to designate principal location for sitting of courts; alternative sites.
  (1) Except to the extent otherwise specifically provided by law, the Chief Justice of the Supreme Court shall designate the principal location for the sitting...
• 1.090   Trial elsewhere than at usual location on agreement of parties.
  Upon agreement of the parties to a civil action, suit or proceeding in a circuit or county court, filed with the clerk or entered in...
• 1.100   [Repealed by 1983 c.763 §9]
• 1.110   Adjournment or postponement when judge does not attend.
  If no judge attend on the day appointed for holding a court, before 4 p.m., the court shall stand adjourned until the next day at...
• 1.120   Proceedings unaffected by vacancy in office or failure of term.
  No action, suit or proceeding pending in a court of justice is affected by a vacancy in the office of any or all of the...
• 1.130   Power to adjourn proceedings.
  A court or judicial officer has power to adjourn any proceedings before the court or the judicial officer, from time to time, as may be...
• 1.140   Manner of addressing application or proceeding to court or judge.
  An application or other proceeding addressed to a court shall be addressed to it by its style as given by statute; an application or other...
• 1.150   Proceedings to be in English; foreign language translation; rules and procedures.
  (1) Except as provided in this section, every writing in any action, suit or proceeding in a court of justice of this state, or before...
• 1.160   Means to carry jurisdiction into effect; adoption of suitable process or mode of proceeding.
  When jurisdiction is, by the Constitution or by statute, conferred on a court or judicial officer, all the means to carry it into effect are...
• 1.165   [1981 s.s. c.3 §7; renumbered 1.185 in 1999]
• 1.167   [1981 s.s. c.3 §18; renumbered 1.187 in 1999]
• 1.169   [1987 c.559 §2; 1989 c.1008 §1; 1995 c.781 §5; repealed by 1995 c.658 §127]
• 1.170   [Repealed by 1981 s.s. c.3 §141]
• 1.171   Powers and duties of presiding judge for judicial district.
  (1) A presiding judge appointed under ORS 1.003 is presiding judge for the circuit court of a judicial district established under ORS 3.012. (2) The...
• 1.175   Docket priorities.
  Any time a court of this state is directed by a provision of Oregon Revised Statutes to accord priority on its docket for a particular...
• 1.177   Advisory Committee on State Court Security and Emergency Preparedness; state plan.
  (1) The Chief Justice of the Supreme Court may appoint an Advisory Committee on State Court Security and Emergency Preparedness for the Supreme Court, Court...
• 1.178   State Court Facilities Security Account; expenditures; reports.
  (1) The State Court Facilities Security Account is established separate and distinct from the General Fund. The account consists of moneys deposited to the credit...
• 1.180   Advisory committees on court security and emergency preparedness; plans.
  (1) As used in this section, “court facility” means a state court or justice court other than the Supreme Court, Court of Appeals, Oregon Tax...
• 1.182   Court facilities security accounts; funding; expenditures; reports.
  (1) The county treasurer shall deposit moneys received under ORS 137.308 (2) into a court facilities security account maintained by the county treasurer. The following...
• 1.185   County to provide courtrooms, offices and jury rooms.
  (1) The county in which a circuit court is located or holds court shall: (a) Provide suitable and sufficient courtrooms, offices and jury rooms for...
• 1.187   State to provide supplies and personal property for courts.
  Except as provided in ORS 1.185 (1) and subject to applicable provisions of a plan established by the Chief Justice of the Supreme Court, the...
• 1.190   [1999 c.1064 §3; repealed by 2007 c.626 §3]
• 1.192   [1999 c.1064 §4; repealed by 2007 c.626 §3]
• 1.194   Definitions for ORS 1.194 to 1.200.
  As used in ORS 1.194 to 1.200: (1) “Payment” means an amount of money voluntarily paid by a debtor or an amount of money involuntarily...
• 1.195   Reports on liquidated and delinquent accounts of state courts.
  (1) Not later than October 1 of each fiscal year, all state courts and all commissions, departments and divisions in the judicial branch of state...
• 1.197   Assignment of liquidated and delinquent accounts to collection agencies; relinquishment of accounts by collection agencies; collections by Department of Revenue.
  (1) Except as otherwise provided by law, all state courts and all commissions, departments and divisions in the judicial branch of state government shall offer...
• 1.198   Exemptions from requirements of ORS 1.197.
  (1) ORS 1.197 does not apply to liquidated and delinquent accounts that are prohibited by state or federal law or regulation from assignment or collection....
• 1.199   Policies and procedures for exempting accounts from requirements of ORS 1.197 and for ceasing collection efforts.
  (1) The State Court Administrator may establish policies and procedures for exempting accounts from the requirements of ORS 1.197. All policies establishing exemptions under this...
• 1.200   Effect of ORS 1.194 to 1.200 on authority of judge.
  Nothing in ORS 1.194 to 1.200 limits or affects the ability of a judge of a state court to enforce, modify, set aside, suspend, delay,...
• 1.202   Fee for establishing and administering account for judgment that includes monetary obligation; fee for judgment referred for collection.
  (1) All circuit courts and appellate courts of this state, and all commissions, departments and divisions of the judicial branch of state government, shall add...
• 1.204   Judicial Department collections and revenue management program; Judicial Department Collections Account; reimbursement of program expenses.
  (1) The State Court Administrator may establish a collections and revenue management program within the Judicial Department for the purpose of administering accounts and collections....
• 1.210   Judicial officer defined.
  A judicial officer is a person authorized to act as a judge in a court of justice.
• 1.212   Oath of office for judges.
  (1) Before entering upon the duties of a judge of the Supreme Court, whether upon election or appointment as a judge of the Supreme Court...
• 1.220   Judicial officer or partner acting as attorney.
  (1) Except as provided in this section, a judicial officer appointed or elected to a full-time position may not act as an attorney in an...
• 1.230   Powers of a judge out of court.
  A judge may exercise, out of court, all the powers expressly conferred upon a judge as distinguished from a court, and not otherwise.
• 1.240   Powers of judicial officers.
  Every judicial officer has power: (1) To preserve and enforce order in the immediate presence of the judicial officer, and in the proceedings before the...
• 1.250   Punishment for contempt.
  For the effectual exercise of the powers specified in ORS 1.240, a judicial officer may punish for contempt, in the cases and manner provided by
• 1.260   Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts; where powers may be exercised.
  The judges of the Supreme Court, the Court of Appeals, the Oregon Tax Court and the circuit courts have power in any part of the...
• 1.270   Powers of other judicial officers; where powers may be exercised.
  Every other judicial officer may, within the county, city, district or precinct in which the judicial officer is chosen: (1) Exercise the powers mentioned in...
• 1.280   [1959 c.552 §4; repealed by 1981 s.s. c.1 §25]
• 1.290   Leaves of absence.
  (1) As used in this section, unless the context requires otherwise, “judge” means any judge of the Supreme Court, the Court of Appeals, the Oregon...
• 1.300   Senior judge; assignment; duties and powers; compensation and expenses.
  (1) A judge who retires from the circuit court, Oregon Tax Court, Court of Appeals or Supreme Court, except a judge retired under the provisions...
• 1.303   Disability of judge; procedures upon receipt by Chief Justice of complaint or information.
  (1) As used in this section and ORS 1.425: (a) “Judge” means a judge of any court of this state. (b) “Subject judge” means a...
• 1.305   Commencement of judicial term of office.
  The term of office of a judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court, or of any circuit court shall...
• 1.310   Involuntary retirement of judges for disability; rules.
  (1) As used in this section: (a) “Judge” includes any judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court, or of...
• 1.312   [1969 c.332 §1; repealed by 1991 c.815 §21]
• 1.314   [1959 c.551 §2 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320); 1961 c.568 §1; 1963 c.592 §1; 1965 c.394 §2; 1969 c.332 §3; repealed by 1991 c.815 §21]
• 1.316   [1971 c.101 §2; repealed by 1991 c.815 §21]
• 1.318   [1959 c.551 §3 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320); 1961 c.568 §2; 1963 c.464 §3; 1965 c.394 §3; 1969 c.332 §4; 1983 c.770 §13; repealed by 1991 c.815 §21]
• 1.320   [Amended by 1955 c.496 §1; repealed by 1959 c.551 §1 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320)]
• 1.322   [1959 c.551 §4 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320); 1965 c.394 §4; 1969 c.332 §5; repealed by 1991 c.815 §21]
• 1.326   [1959 c.551 §5 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320); 1963 c.464 §4; repealed by 1991 c.815 §21]
• 1.328   [1959 c.551 §§10,11; repealed by 1961 c.568 §5]
• 1.330   [Amended by 1961 c.568 §3; 1963 c.464 §5; 1965 c.394 §5; 1969 c.332 §6; 1971 c.101 §3; repealed by 1991 c.815 §21]
• 1.340   [Amended by 1953 c.529 §5; 1955 c.496 §2; 1955 c.511 §1; 1959 c.551 §6; 1961 c.568 §4; 1963 c.464 §6; 1965 c.394 §6; 1969 c.332 §7; 1971 c.101 §4; 1983 c.770 §14; repealed by 1991 c.815 §21]
• 1.343   [1979 c.609 §2; 1983 c.770 §15; 1989 c.757 §2; 1991 c.796 §8; repealed by 1991 c.815 §21]
• 1.345   [1961 c.702 §5; repealed by 1963 c.464 §10]
• 1.346   [1977 c.84 §2; repealed by 1991 c.815 §21]
• 1.350   [Amended by 1959 c.551 §7; 1963 c.464 §7; 1969 c.332 §8; 1989 c.966 §1; repealed by 1991 c.815 §21]
• 1.355   [1963 c.464 §2; 1973 c.704 §1; 1975 c.614 §1; repealed by 1991 c.815 §21]
• 1.360   [Amended by 1953 c.529 §5; 1959 c.551 §8; 1961 c.702 §1; 1963 c.464 §8; 1965 c.394 §7; 1969 c.332 §9; 1975 c.125 §3; 1975 c.614 §2; repealed by 1991 c.815 §21]
• 1.365   [1987 c.625 §6; repealed by 1991 c.815 §21]
• 1.370   [Repealed by 1963 c.464 §10]
• 1.380   [Amended by 1963 c.464 §9; subsection (7) enacted as 1969 c.332 §11; subsection (8) enacted as 1969 c.332 §17; repealed by 1991 c.815 §21]
• 1.385   [1969 c.332 §15; repealed by 1991 c.815 §21]
• 1.387   [1979 c.727 §1; 1981 c.684 §1; repealed by 1991 c.815 §21]
• 1.390   [1969 c.332 §10; repealed by 1991 c.815 §21]
• 1.410   Commission on Judicial Fitness and Disability; term; Senate confirmation.
  (1) There is created the Commission on Judicial Fitness and Disability consisting of: (a) Three judges appointed by the Supreme Court; (b) Three persons appointed...
• 1.415   Powers and duties of commission; rules.
  (1) The Commission on Judicial Fitness and Disability may: (a) Subject to the State Personnel Relations Law, appoint such subordinates and employees as the commission...
• 1.420   Investigation; hearings; consent to discipline; recommendation; temporary suspension.
  (1) Upon complaint from any person concerning the conduct of a judge or upon request of the Supreme Court, and after such investigation as the...
• 1.425   Commission proceedings upon receipt of complaint of disability; hearing; physical examination; disposition.
  (1) Upon complaint from the Chief Justice of the Supreme Court as provided in ORS 1.303, and after such investigation as the Commission on Judicial...
• 1.430   Supreme Court review; censure; order of suspension or removal.
  (1) If a hearing has been held under ORS 1.420, the Supreme Court shall review the record of the proceedings on the law and facts...
• 1.440   Status of records of proceedings under ORS 1.420 or 1.425.
  (1) Documents filed with the Commission on Judicial Fitness and Disability and the investigation conducted by the commission prior to a hearing pursuant to ORS...
• 1.450   Status of testimony in proceedings under ORS 1.420 or 1.425.
  Any testimony given by a witness compelled to appear before the Commission on Judicial Fitness and Disability or the masters appointed pursuant to ORS 1.420...
• 1.460   Judge not to participate in proceedings involving self except in defense.
  A judge who is a member of the Commission on Judicial Fitness and Disability or of the Supreme Court or who acts as a master...
• 1.470   Service of process; proof; return; witness fees.
  (1) Process issued by the commission or by the chairperson and vice chairperson of the commission shall be served by a person authorized to serve...
• 1.475   Procedure when process not obeyed.
  (1) Whenever a person summoned by the Commission on Judicial Fitness and Disability fails to appear to testify or fails to produce any books, papers,...
• 1.480   Officers; quorum; compensation and expenses.
  (1) The Commission on Judicial Fitness and Disability shall select one of its members as chairperson, and another as vice chairperson, for such terms and...
• 1.510   [Formerly 484.420; 1969 c.314 §3; 1971 c.404 §3; 1973 c.43 §1; 1973 c.374 §1; 1975 c.304 §2; 1979 c.477 §1; 1983 c.740 §3; repealed by 1985 c.725 §17]
• 1.520   [Formerly 484.410; 1971 c.404 §4; 1973 c.374 §2; 1977 c.132 §7; 1981 c.692 §4; 1981 s.s. c.3 §4; 1985 c.396 §5; 1985 c.725 §8a; 1993 c.531 §3; 1995 c.383 §120; 1995 c.545 §1a; 1995 c.781 §52; repealed by 1999 c.1051 §74]
• 1.525   Uniform citation and petition forms for certain offenses.
  (1) The Supreme Court shall adopt one or more forms for the following purposes: (a) A form of uniform violation citation for the purposes of...
• 1.530   [Formerly 484.430; repealed by 1973 c.43 §2]
• 1.550   Private counsel for judges.
  Whenever, pursuant to ORS chapter 180, the Attorney General is requested to represent a judge of the Supreme Court, Court of Appeals, Oregon Tax Court...
• 1.560   Procedure for employment of private counsel; terms and conditions.
  In any case in which the judge desires the appointment of private counsel, the judge shall so notify the State Court Administrator. The State Court...
• 1.570   Claims for compensation of private counsel; approval by State Court Administrator.
  If private counsel is employed under ORS 1.560, such counsel shall submit to the State Court Administrator a verified and detailed claim for compensation, which...
• 1.600   Appointment pro tempore to Supreme Court or Court of Appeals; powers and duties.
  (1) The Supreme Court may appoint any regularly elected and qualified, or appointed and qualified, judge of the Court of Appeals, Oregon Tax Court or...
• 1.605   Compensation and expenses for judges under ORS 1.600.
  (1) A judge of the Supreme Court serving as judge pro tempore of the Court of Appeals as provided in ORS 1.600 shall receive the...
• 1.610   [1965 c.494 §1; 1967 c.270 §1; 1969 c.198 §27; 1969 c.577 §1; repealed by 1971 c.311 §2]
• 1.615   Appointment pro tempore to tax court or circuit court; powers and duties.
  (1) The Supreme Court may assign any regularly elected and qualified, or appointed and qualified, judge of the Supreme Court, Court of Appeals, Oregon Tax...
• 1.620   [1965 c.494 §8; repealed by 1971 c.311 §2]
• 1.625   Compensation and expenses for judges under ORS 1.615.
  (1) A judge assigned as provided in ORS 1.615 shall receive the regular salary of the judge and expenses as a judge of the court...
• 1.630   [1965 c.494 §2; 1969 c.577 §2; repealed by 1971 c.311 §2]
• 1.635   Appointment pro tempore of eligible person to tax court or circuit court.
  The Supreme Court may appoint any eligible person to serve as judge pro tempore of the Oregon Tax Court or as judge pro tempore of...
• 1.640   [1965 c.494 §3; 1967 c.270 §2; 1969 c.198 §28; repealed by 1971 c.311 §2]
• 1.645   Transfer, challenge, disqualification, supervision of person appointed under ORS 1.635.
  (1) A judge pro tempore of a circuit court appointed to serve in any county or judicial district as provided in ORS 1.635 may, at...
• 1.650   [1965 c.494 §4; repealed by 1971 c.311 §2]
• 1.655   Extension and termination of appointment under ORS 1.635; eligibility to appear as attorney.
  (1) It is the duty of a judge pro tempore appointed as provided in ORS 1.635 to hear, decide and dispose of all cases and...
• 1.660   [1965 c.494 §5; 1967 c.270 §3; 1969 c.706 §64b; repealed by 1971 c.311 §2]
• 1.665   Compensation and expenses of persons appointed under ORS 1.635.
  (1) A judge pro tempore appointed as provided in ORS 1.635 shall be entitled to receive upon application therefor as compensation for each day the...
• 1.670   [1965 c.494 §6; repealed by 1971 c.311 §2]
• 1.675   Judge pro tempore ineligible to participate in selection or removal of Chief Justice, Chief Judge or presiding judge.
  A person appointed or assigned to serve and serving as judge pro tempore of a court under ORS 1.600, 1.615 or 1.635 is not eligible...
• 1.680   [1965 c.494 §7; 1969 c.314 §4; repealed by 1971 c.311 §2]
• 1.690   [1965 c.494 §9; repealed by 1971 c.311 §2]
• 1.700   [1965 c.494 §10; repealed by 1971 c.311 §2]
• 1.710   [1965 c.494 §11; 1967 c.270 §4; repealed by 1971 c.311 §2]
• 1.725   Legislative findings.
  The Legislative Assembly finds that: (1) Oregon laws relating to civil procedure designed for the benefit of litigants which meet the needs of the court...
• 1.730   Council on Court Procedures; membership; terms; rules; meetings; expenses of members.
  (1) There is created a Council on Court Procedures consisting of: (a) One judge of the Supreme Court, chosen by the Supreme Court. (b) One...
• 1.735   Rules of procedure; limitation on scope and substance; submission of rules to members of bar and Legislative Assembly.
  (1) The Council on Court Procedures shall promulgate rules governing pleading, practice and procedure, including rules governing form and service of summons and process and...
• 1.740   Employment of staff; public hearings.
  In the exercise of its power under ORS 1.735, the council: (1) May employ or contract with any person or persons, as the council considers...
• 1.742   [1993 c.634 §3; repealed by 2001 c.716 §30]
• 1.745   Laws on civil pleading, practice and procedure deemed rules of court until changed.
  All provisions of law relating to pleading, practice and procedure, including provisions relating to form and service of summons and process and personal and in...
• 1.750   Legislative Counsel to publish rules.
  The Legislative Counsel shall cause the rules which have become effective under ORS 1.735, as they may be amended, repealed or supplemented by the Legislative...
• 1.755   Gifts, grants and donations; Council on Court Procedures Account.
  (1) The Council on Court Procedures is authorized to accept gifts, grants and donations from any source for expenditure to carry out the duties, functions...
• 1.760   Legislative advisory committee.
  (1) The Council on Court Procedures shall elect five persons from among its members to serve as a legislative advisory committee. Two members of the...
• 1.810   Judicial conference; membership; officers; expenses.
  There hereby is created and established a Judicial Conference of the State of Oregon. The conference shall consist of all the judges of the Supreme...
• 1.820   Function of conference.
  The conference may make a continuous survey and study of the organization, jurisdiction, procedure, practice and methods of administration and operation of the various courts...
• 1.830   Meetings.
  The conference shall meet at such time as shall be designated by its chairperson, not less than once annually. [1955 c.470 §3; 1965 c.494 §15]
• 1.840   Annual report.
  The conference shall report annually to the Governor with respect to such matters, including recommendations for legislation, as it may wish to bring to the...
• 1.850   [1985 c.725 §5; repealed by 1993 c.742 §38]
• 1.851   Local criminal justice advisory councils.
  (1) The presiding judge of each judicial district shall establish a local criminal justice advisory council, unless one already exists, in each county in the...
• 1.855   State Court Administrator to establish registry of justice and municipal courts.
  (1) The State Court Administrator shall establish a registry of municipal courts and justice courts of this state. The registry shall include all information required...