§ 21.110 Filing and appearance fees generally

21.110. Filing and appearance fees generally

Text subject to final change by the Oregon Office of the Legislative Counsel.

Text of section operative until Oct. 1, 2011. See, also, section operative Oct. 1, 2011.

(1) Except as otherwise provided by law, at the time of filing of a complaint or other pleading or motion in the circuit court for the purpose of commencing an action or other civil proceeding, the clerk of the circuit court shall collect a fee of $78 from the party filing the pleading or motion if the amount claimed or in controversy does not exceed $10,000, without regard to the number of parties named in the pleading or motion. The clerk shall collect the same fee for each answer or other first appearance filed in the action or proceeding.

(2)(a) Except as otherwise provided by law, at the time of filing of a complaint or other pleading or motion in the circuit court for the purpose of commencing an action or other civil proceeding, the clerk of the circuit court shall collect the following fees:

(A) If the amount claimed or in controversy is more than $10,000, and less than $50,000, the clerk of the circuit court shall collect a fee of $117 for each named plaintiff, appellant or moving party. In addition, if more than one defendant or respondent is named the clerk shall collect a fee of $117 apiece for the second, third and subsequent defendants or respondents named in the pleading.

(B) If the amount claimed or in controversy is $50,000 or more, and less than $150,000, the clerk of the circuit court shall collect a fee of $225 for each named plaintiff, appellant or moving party. In addition, if more than one defendant or respondent is named the clerk shall collect a fee of $225 apiece for the second, third and subsequent defendants or respondents named in the pleading.

(C) If the amount claimed or in controversy is $150,000 or more, and less than $500,000, the clerk of the circuit court shall collect a fee of $275 for each named plaintiff, appellant or moving party. In addition, if more than one defendant or respondent is named the clerk shall collect a fee of $275 apiece for the second, third and subsequent defendants or respondents named in the pleading.

(D) If the amount claimed or in controversy is $500,000 or more, and less than $1 million, the clerk of the circuit court shall collect a fee of $325 for each named plaintiff, appellant or moving party. In addition, if more than one defendant or respondent is named the clerk shall collect a fee of $325 apiece for the second, third and subsequent defendants or respondents named in the pleading.

(E) If the amount claimed or in controversy is $1 million or more, the clerk of the circuit court shall collect a fee of $375 for each named plaintiff, appellant or moving party. In addition, if more than one defendant or respondent is named the clerk shall collect a fee of $375 apiece for the second, third and subsequent defendants or respondents named in the pleading.

(b) If at any time a plaintiff, appellant or moving party files an amended pleading that names one or more additional parties to a proceeding subject to a fee under paragraph (a) of this subsection, the clerk of the circuit court shall collect an additional fee that is equal to the difference between the fee that was paid and the fee that would have been collected under paragraph (a) of this subsection if the party or parties had been named in the original pleading.

(3) Except as otherwise provided by law, at the time of filing in the circuit court of an answer or other first appearance in a proceeding subject to a fee under subsection (2) of this section, the clerk shall collect the following fees:

(a) If the amount claimed or in controversy is more than $10,000, and less than $50,000, the clerk of the circuit court shall collect a fee of $117. If a first appearance is filed jointly for more than one defendant or respondent, the clerk shall collect a fee of $117 for each of those defendants or respondents.

(b) If the amount claimed or in controversy is $50,000 or more, and less than $150,000, the clerk of the circuit court shall collect a fee of $225. If a first appearance is filed jointly for more than one defendant or respondent, the clerk shall collect a fee of $225 for each of those defendants or respondents.

(c) If the amount claimed or in controversy is $150,000 or more, and less than $500,000, the clerk of the circuit court shall collect a fee of $275. If a first appearance is filed jointly for more than one defendant or respondent, the clerk shall collect a fee of $275 for each of those defendants or respondents.

(d) If the amount claimed or in controversy is $500,000 or more, and less than $1 million, the clerk of the circuit court shall collect a fee of $325. If a first appearance is filed jointly for more than one defendant or respondent, the clerk shall collect a fee of $325 for each of those defendants or respondents.

(e) If the amount claimed or in controversy is $1 million or more, the clerk of the circuit court shall collect a fee of $375. If a first appearance is filed jointly for more than one defendant or respondent, the clerk shall collect a fee of $375 for each of those defendants or respondents.

(4) The Chief Justice of the Supreme Court by order may provide for exemptions from the fees established under subsections (2) and (3) of this section if exemptions are needed for the equitable imposition of those fees.

(5) The clerk of the court shall collect the sum of $300 as a flat and uniform filing fee from the petitioner in a proceeding under ORS 181.823 or 181.826, at the time the petition is filed.

Fees collected under this subsection shall be deposited into the Judicial Department Operating Account established in ORS 1.009.

(6)(a) Except as otherwise provided by law, at the time of filing in the circuit court of a complaint or other pleading or motion for the purpose of commencing an action or other civil proceeding, including an appeal, that is not subject to a fee under subsections (1) to (5) of this section, the clerk of the circuit court shall collect a fee of $117 for each named plaintiff, appellant or moving party. In addition, if more than one defendant or respondent is named the clerk shall collect a fee of $117 apiece for the second, third and subsequent defendants or respondents named in the pleading.

(b) At the time of filing in the circuit court of an answer or other first appearance in a proceeding subject to a fee under paragraph (a) of this subsection, the clerk shall collect a fee of $117. If a first appearance is filed jointly for more than one defendant or respondent, the clerk shall collect a fee of $117 for each of those defendants or respondents.

(c) The provisions of subsections (1) to (5) of this section, and of paragraphs (a) and (b) of this subsection, do not apply to a declaratory judgment action. At the time of filing in the circuit court of a complaint or other pleading for the purpose of commencing a declaratory judgment action, the clerk of the circuit court shall collect a filing fee of $117 from the plaintiff. At the time of filing in the circuit court of an answer or other first appearance in the proceeding, the clerk shall collect a filing fee of $117.

(7) For purposes of this section, the amount claimed or in controversy does not include any amount claimed as costs and disbursements or attorney fees as defined by ORCP 68 A.

(8) For purposes of this section, the amount in controversy in an action or other proceeding includes:

(a) The value of property claimed in actions for the recovery of specific personal property, and the damages for the detention of the property.

(b) Any penalty or forfeiture provided by statute or arising out of contract.

(d) The money, or the value of property, deposited or secured in an interpleader action.

(9) A pleading or other document shall be filed by the clerk only if the fee required under this section is paid by the person filing the document, or if a request for a fee waiver or deferral is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform fee shall cover all services to be performed by the court or clerk in any such action, suit or proceeding, except where additional fees are specially authorized by law.

(10) Any plaintiff, appellant, moving party, defendant or respondent that files an action or appearance that is subject to the filing fees established under subsections (1) to (3) of this section must include in the caption of the pleading a statement of the amount claimed.

(11) The fees imposed by this section do not apply to:

(a) Protective proceedings under ORS chapter 125;

(b) Proceedings for dissolution of marriage, annulment of marriage or separation;

(d) Proceedings to determine custody or support of a child under ORS 109. 103;

(e) Probate, adoption or change of name proceedings;

(f) Proceedings involving dwelling units to which ORS chapter 90 applies and for which the fee is provided by ORS 105.130; or

(g) Any counterclaim, cross-claim or third-party claim filed by a party who has appeared in the action or proceeding.

(12) The fees described in this section shall not be charged to a district attorney or to the Division of Child Support of the Department of Justice for the filing of any case, motion, document, stipulated order, process or other document relating to the provision of support enforcement services as described in ORS 25.080.

REPEAL

This section repealed by Laws 2011, c. 595, § 7, eff. July 1, 2011, operative Oct. 1, 2011.