Oregon Statutes 30.648 – Small claims actions
(1)(a) An adult in custody who brings an action against a public body in a small claims department must serve the notice and claim and all subsequent filings on the public body. If the public body is the Department of Corrections or another state agency, the adult in custody must also serve the notice and claim and all subsequent filings on the Attorney General.
Terms Used In Oregon Statutes 30.648
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Notice and claim served under paragraph (a) of this subsection must be served in the manner provided in ORS § 46.445 except that the statement required under ORS § 46.445 (4) must read § 30 DAYS’ instead of § 14 DAYS.’
(2) The public body or Attorney General served under subsection (1) of this section must take action as required under ORS § 46.455 except that the public body or Attorney General must admit or deny the claim within 30 days after the date of service.
(3) Notwithstanding ORS § 46.405, in an action against a public body brought under this section, the court shall transfer the action to the regular department of the circuit court upon request of the public body or, if the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, upon request of the public body or the Attorney General.
(4) Notwithstanding ORS § 46.415, in an action against a public body brought under this section, if the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, an attorney or paralegal employed by the Department of Justice may appear and represent the public body.
(5)(a) Notwithstanding ORS § 46.475, in an action against a public body brought under this section, notice of intent to apply for an order of default, in the form prescribed by Uniform Trial Court Rule 2.010, must be filed and served on the public body against which an order of default is sought at least 10 days before a court may enter an order of default. If the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, notice must also be served on the Attorney General.
(b) The court may not enter a default judgment in favor of the adult in custody unless the adult in custody submits to the court proof of service by affidavit of the notice and claim required under subsection (1) of this section and the notice of intent to apply for an order of default required under paragraph (a) of this subsection. [2011 c.262 § 2; 2019 c.213 § 9]