Oregon Statutes 105.130 – How action conducted; fees
(1) Except as provided in this section and ORS § 105.135, 105.137 and 105.140 to 105.161, an action pursuant to ORS § 105.110 shall be conducted in all respects as other actions in courts of this state.
Terms Used In Oregon Statutes 105.130
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Upon filing a complaint in the case of a dwelling unit to which ORS Chapter 90 applies, the clerk shall:
(a) Collect a filing fee of $88;
(b) Collect any other fee authorized by law or ordinance; and
(c) With the assistance of the plaintiff or an agent of the plaintiff, complete the applicable summons and provide to the plaintiff or an agent of the plaintiff sufficient copies of the summons and complaint for service.
(3) The court shall collect a filing fee of $88 from a defendant that demands a trial under this section.
(4) An action pursuant to ORS § 105.110 shall be brought in the name of a person entitled to possession as plaintiff. The plaintiff may appear in person or through an attorney. In an action to which ORS Chapter 90 applies, the plaintiff may also appear through a nonattorney who is an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff.
(5) Notwithstanding ORS § 9.160, 9.320 and ORS Chapter 180, a state agency may appear in an action brought pursuant to ORS § 105.110 through an officer or employee of the agency if:
(a) The Attorney General consents to the representation of the agency by an officer or employee in the particular action or in the class of actions that includes the particular action; and
(b) The agency, by rule, authorizes an officer or employee to appear on its behalf in the particular type of action being conducted.
(6) An action brought under ORS § 105.110 by a person entitled to possession of premises on the basis of circumstances described in ORS § 105.115 (1)(d), (e) or (f) is subject to the filing fees and other court or sheriff fees applicable to an action concerning a dwelling unit that is subject to ORS Chapter 90. The procedure under ORS § 105.100 to 105.168 that is applicable to an action concerning a dwelling unit subject to ORS Chapter 90 shall also apply to an action brought under ORS § 105.115 (1)(d), (e) or (f), except that the complaint must be in the form prescribed in ORS § 105.126. [Amended by 1975 c.256 § 10; 1977 c.877 § 15; 1979 c.284 § 94; 1981 c.753 § 10; 1983 c.581 § 1; 1985 c.588 § 16; 1987 c.829 § 5; 1991 c.92 § 1; 1993 c.369 § 17; 1995 c.273 § 17; 1997 c.801 § 34; 2003 c.737 47,48; 2005 c.702 53,54,55; 2007 c.493 8,18b; 2007 c.860 § 8; 2009 c.638 § 2; 2011 c.595 § 55; 2013 c.685 37,37a; 2014 c.76 § 11; 2017 c.663 § 9; 2019 c.605 § 10]