§ 21.125 Fees

21.125. Fees

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) In any action, suit or proceeding subject to a fee under ORS 21.110, or in any civil appeal or petition subject to a fee under ORS 21.010, the Chief Justice of the Supreme Court may require that a $50 fee be paid at the time of filing a motion identified by the Chief Justice as being subject to a fee under this section. If the Chief Justice has identified a motion as being subject to a fee under this section, the responding party must file a fee of $35 upon the filing of a response to the motion. The Chief Justice by order shall identify motions that are subject to fees under this section.

    (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 for judgment by voluntary dismissal under ORCP 54 A(1), for motions for judgment by written stipulation under ORCP 67 F or for motions for entry of default judgment under ORCP 69.

    (4) 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.

    (5) 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.