ORS 105.163¹
Setting aside judgment

(1) A person who was a defendant in an action under ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) may apply by motion to the court where the judgment was entered for an order setting aside the judgment and sealing the official records of the action pertaining to the applicant. The court shall grant the motion if the court finds that:

(a) The judgment was a judgment of restitution entered against the applicant, a period of at least five years has passed from the date of entry of the judgment and the applicant has satisfied any money award included in the judgment;

(b) The judgment was a judgment by stipulation of the parties under ORS 105.145 (Judgment on trial by court) (2) and the applicant has complied with the terms of the stipulated agreement and satisfied any money award included in the judgment; or

(c) The judgment was a judgment or judgment of dismissal entered in the applicant’s favor.

(2) The applicant shall serve a copy of the motion filed under subsection (1) of this section upon the person who was the plaintiff in the action under ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings). Within 30 days of service of the motion, if a written objection is filed, the court shall schedule a hearing.

(3) If, under subsection (2) of this section, no objection is filed or after a hearing the court determines that the applicant is eligible for relief under subsection (1) of this section, the court shall enter an appropriate order setting aside the judgment and sealing the official records of the action pertaining to the applicant. Upon entry of the order, the judgment that is the subject of the motion shall be deemed not to have been entered, and the applicant may answer accordingly any questions relating to its occurrence.

(4) The court may not charge a filing fee for the filing of a motion under subsection (1) of this section. [2019 c.351 §2]

Note: Section 3, chapter 351, Oregon Laws 2019, provides:

Sec. 3. Section 2 of this 2019 Act [105.163 (Setting aside judgment)] applies to any judgment entered before, on or after the effective date of this 2019 Act [January 1, 2020]. [2019 c.351 §3]

Notes of Decisions

Provisions for early trial, posting of security for accruing rent during continuance and restric­tion of triable issues do not violate Due Process or Equal Protec­tion clauses of federal constitu­tion. Lindsey v. Normet, 405 US 56, 92 S Ct 862, 31 L Ed 36 (1972)

Proceedings under the Oregon forcible entry and detainer law, including pro­ceed­ings against nonresident defendants, are not subject to the general statutes relating to service of process. Lexton-Ancira, Inc. v. Kay, 269 Or 1, 522 P2d 875 (1974)

A forcible entry and detainer pro­ceed­ing is a “local ac­tion” for choice of law purposes. Fry v. D.H. Overmyer Co., 269 Or 281, 525 P2d 140 (1974)

the Defendant Did not State Good Affirmative Defenses By Alleging

a viola­tion of public policy forbidding a franchisor to refuse to renew a franchise except for good cause; A “retaliatory evic­tion” for a refusal to engage in improper business practices; and an implied agree­ment to renew based upon con­duct and prior dealings. William C. Cornitius, Inc., v. Wheeler, 276 Or 747, 556 P2d 666 (1976)

In forcible entry and detainer ac­tion to recover pos­ses­sion of commercial prop­erty, claim for attorney fees could not be litigated. Grove v. The Hindquarter Corp., 45 Or App 781, 609 P2d 840 (1980)

In forcible entry and detainer ac­tion for pos­ses­sion of commercial premises, landlords could not recover attorney fees. Owen J. Jones & Son, Inc. v. Gospodinovic, 46 Or App 101, 610 P2d 1238 (1980)

Equitable de­fense may be raised in FED pro­ceed­ing. Rose v. Webster, 51 Or App 293, 625 P2d 1329 (1981)

In FED ac­tion to recover commercial prop­erty, defendant cannot assert counterclaim unless counterclaim is authorized by statute. Class v. Carter, 293 Or 147, 645 P2d 536 (1982)

Law Review Cita­tions

16 WLR 291 (1979)

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer ac­tion, (1975) Vol 37, p 869

1 Legislative Counsel Committee, CHAPTER 105—Property Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors105.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano105.­html (2019) (last ac­cessed May 16, 2020).
 
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