ORS 52.180
Form of undertaking

  • qualifications and justification of sureties
  • deposit in lieu of undertaking

(1)

The undertaking may be substantially in the following form:
“I, A B,” or “We, A B and C D, undertake to pay E F, the defendant in this action, all disbursements that may be adjudged to E F in this action.”

(2)

The sureties must possess the qualifications of bail upon arrest, and, if required by the defendant, must justify in a sum not less than $50. A deposit with the justice of such sum as the justice may deem sufficient shall be equivalent to giving the required undertaking. If the undertaking or deposit in lieu thereof is not given or made by the time the action is at issue and ready for trial on a question of fact, the justice must dismiss the action as for want of prosecution. [Amended by 1995 c.79 §14]

Source: Section 52.180 — Form of undertaking; qualifications and justification of sureties; deposit in lieu of undertaking, https://www.­oregonlegislature.­gov/bills_laws/ors/ors052.­html.

52.010
Actions commenced and prosecuted, and judgments enforced, as in circuit court 52.020
Mode of proceeding and rules of evidence 52.030
Court rules and procedures 52.035
Dismissal of civil cases for want of prosecution 52.040
Contempt in justice court 52.060
Persons entitled to act as attorneys in justice court 52.110
Service 52.120
Persons authorized to serve summons 52.130
Appointment of persons to serve process or order 52.170
Security for disbursements 52.180
Form of undertaking 52.210
Plaintiff entitled to attachment as in circuit court 52.220
Attachment proceedings conducted as in circuit court 52.250
Attachment of real property prohibited 52.310
Pleadings governed by rules applicable to pleadings in circuit court 52.320
Counterclaim exceeding jurisdiction 52.410
Trial fee 52.420
Trial fee payable in advance 52.430
State or county exempted from prepaying trial fee 52.440
Accounting for and disposition of trial fee 52.510
Postponement of trial 52.520
Depositions of witnesses as condition to postponement 52.530
Change of place of trial 52.540
Payment of disbursements for change of venue 52.550
When change of venue deemed complete 52.560
Jurisdiction to cease when title to real property in question 52.570
Right to jury trial 52.580
Judgment 52.590
Judgment may not determine or affect title to real property 52.600
Enforcement of justice court judgments generally 52.610
Enforcement of judgment given by other justice 52.620
Filing transcript of judgment in another county 52.635
Liens based on justice court judgment 52.640
Setoff of judgment 52.650
Right of appeal precludes setoff 52.660
Enforcement of setoff judgment stayed 52.670
Setoff of mutual judgments 52.680
Setoff of judgments in different amounts 52.700
Return on execution 52.710
Renewal of execution
Green check means up to date. Up to date

Current through early 2024

§ 52.180’s source at oregon​.gov