Oregon Statutes 18.058 – Duty of court administrator with respect to form of judgment document
(1) Except as provided in subsection (2) of this section, the court administrator shall note in the register that a judgment document has been filed if the judgment document is signed by a judge of the court, or by the court administrator if the court administrator is authorized by law to sign the judgment document, and filed with the court administrator, whether or not the judgment document complies with the requirements of ORS § 18.038, 18.042 and 18.048.
Terms Used In Oregon Statutes 18.058
- Court administrator: means a trial court administrator in a circuit court that has a trial court administrator and the clerk of the court in all other courts. See Oregon Statutes 18.005
- General judgment: means the judgment entered by a court that decides all requests for relief in the action except:
(a) A request for relief previously decided by a limited judgment; and
(b) A request for relief that may be decided by a supplemental judgment. See Oregon Statutes 18.005
- Judgment: means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document. See Oregon Statutes 18.005
- Judgment document: means a writing in the form provided by ORS § 18. See Oregon Statutes 18.005
- Lien: A claim against real or personal property in satisfaction of a debt.
- Money award: means a judgment or portion of a judgment that requires the payment of money. See Oregon Statutes 18.005
- Supplemental judgment: means a judgment that may be rendered after a general judgment pursuant to a legal authority. See Oregon Statutes 18.005
(2) If the title of a document filed with the court administrator indicates that the document is a decree, or indicates that the document is a judgment but fails to indicate whether the judgment is a limited judgment, general judgment or supplemental judgment, the court administrator may not note in the register that a judgment document has been filed, and shall return the document to the judge, unless the judgment is exempt under ORS § 18.038 (2).
(3) The court administrator may rely on a judgment document for entry of information in the register. The court administrator is not liable for entering any information in the register that reflects information contained in a judgment document, whether or not the information in the judgment is correct or properly presented.
(4) The court administrator may rely on the presence or absence of a separate section in the judgment document required by ORS § 18.042 or 18.048 in determining whether a judgment contains a money award. The court administrator shall enter information in the register and in the judgment lien record only from the separate section unless otherwise ordered by the court.
(5) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 § 8; 2007 c.339 § 3]
[Amended by 1979 c.284 § 51; repealed by 1981 c.898 § 53]