How action conducted
- • fees
(1) Except as provided in this section and ORS 105.135 (Service and return of summons), 105.137 (Effect of failure of party to appear) and 105.140 (Continuance) to 105.161 (Service and enforcement of writ of execution and eviction trespass notice), an action pursuant to ORS 105.110 (Action for forcible entry or wrongful detainer) shall be conducted in all respects as other actions in courts of this state.
(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 (Action for forcible entry or wrongful detainer) 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 (Bar membership required to practice law), 9.320 (Necessity for employment of attorney) and ORS chapter 180, a state agency may appear in an action brought pursuant to ORS 105.110 (Action for forcible entry or wrongful detainer) 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 (Action for forcible entry or wrongful detainer) by a person entitled to possession of premises on the basis of circumstances described in ORS 105.115 (Causes of unlawful holding by force) (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 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) 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 (Causes of unlawful holding by force) (1)(d), (e) or (f), except that the complaint must be in the form prescribed in ORS 105.126 (Form of complaint if ORS chapter 90 does not apply). [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]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information