Oregon Statutes 46.455 – Admission or denial of claim; request for jury trial
Within 14 days after the date of service of the notice and claim upon the defendant as provided in ORS § 46.445:
Terms Used In Oregon Statutes 46.455
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Personal property: All property that is not real property.
- 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.
(1) If the defendant admits the claim, the defendant may settle it by:
(a) Paying to the plaintiff the amount of the claim plus the amount of all filing fees and service expenses paid by the plaintiff and mailing proof of that payment to the court.
(b) If the claim is for recovery of specific personal property, delivering the property to the plaintiff and paying to the plaintiff the amount of all filing fees and service expenses paid by the plaintiff and mailing proof of that delivery and payment to the court.
(2) If the defendant denies the claim, the defendant:
(a) May demand a hearing in the small claims department in a written request to the clerk in the form prescribed by the court, accompanied by payment of the defendant’s fee prescribed; and
(b) When demanding a hearing, may assert a counterclaim in the form provided by the court.
(3) If the amount or value claimed exceeds $750, the defendant has a constitutional right to a jury trial and may claim that right in a written request to the clerk in the form prescribed by the court, accompanied by payment of the appearance fee required from defendants under ORS § 21.160. The request shall designate a mailing address to which a summons and copy of the complaint may be served by mail. Thereafter, the plaintiff’s claim will not be limited to the amount stated in the claim, though it must involve the same controversy. [1971 c.760 § 7; 1973 c.654 § 1; 1973 c.812 § 3a; 1977 c.875 § 5; 1977 c.877 § 10a; 1981 s.s. c.3 § 94; 1983 c.673 § 2; 1985 c.496 § 13; 1991 c.111 § 5; 1991 c.195 § 3; 1995 c.227 § 2; 1995 c.455 § 4; 1995 c.658 § 48; 1997 c.46 6,7; 2011 c.595 § 49]
[1995 c.455 § 2; 1995 c.618 § 15b; repealed by 1997 c.46 § 1]
[Amended by 1965 c.619 § 24; 1969 c.683 § 2; repealed by 1971 c.760 § 11]