2015 ORS 18.005¹
Definitions

As used in this chapter:

(1) "Action" means any proceeding commenced in a court in which the court may render a judgment.

(2) "Child support award" means a money award or agency order that requires the payment of child support and that is entered under ORS 108.010 (Removal of spouse's civil disabilities) to 108.550 (Reliance on spouse's right to deal with property in spouse's name), 416.310 (Estate of deceased person liable for aid received) to 416.340 (Collection of claim against estate of deceased), 416.400 (Definitions for ORS 416.400 to 416.465) to 416.465 (Relief from compliance with order), 416.510 (Definitions for ORS 416.510 to 416.610) to 416.990 (Penalties), 419B.400 (Authority to order support) or 419C.590 (Authority of court to order support) or ORS chapter 25, 107, 109 or 110.

(3) "Civil action" means any action that is not a criminal action.

(4) "Court administrator" means a trial court administrator in a circuit court that has a trial court administrator and the clerk of the court in all other courts.

(5) "Criminal action" has the meaning given in ORS 131.005 (General definitions).

(6) "Execution" means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law.

(7) "General judgment" means the judgment entered by a court that decides all requests for relief in the action except:

(a) A request for relief previously decided by a limited judgment; and

(b) A request for relief that may be decided by a supplemental judgment.

(8) "Judgment" means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document.

(9) "Judgment document" means a writing in the form provided by ORS 18.038 (Form of judgment document generally) that incorporates a court’s judgment.

(10) "Judgment lien" means:

(a) The effect of a judgment on real property as described in ORS 18.150 (Judgment liens in circuit courts) (2) and (3) for the county in which the judgment is entered, and as described in ORS 18.152 (Establishing judgment liens in other counties) (2) and (3) for a county in which the judgment is recorded under ORS 18.152 (Establishing judgment liens in other counties); and

(b) A support arrearage lien attaching to real property under ORS 18.150 (Judgment liens in circuit courts) (3) or 18.152 (Establishing judgment liens in other counties) (3).

(11) "Judgment remedy" means:

(a) The ability of a judgment creditor to enforce a judgment through execution; and

(b) Any judgment lien arising under ORS 18.150 (Judgment liens in circuit courts) or 18.152 (Establishing judgment liens in other counties).

(12) "Legal authority" means:

(a) A statute;

(b) An Oregon Rule of Civil Procedure;

(c) A rule or order of the Chief Justice of the Supreme Court adopted under ORS 18.028 (Authority of Chief Justice); and

(d) All controlling appellate court decisions in effect December 31, 2003.

(13) "Limited judgment" means:

(a) A judgment entered under ORCP 67 B or 67 G;

(b) A judgment entered before the conclusion of an action in a circuit court for the partition of real property, defining the rights of the parties to the action and directing sale or partition;

(c) An interlocutory judgment foreclosing an interest in real property; and

(d) A judgment rendered before entry of a general judgment in an action that disposes of at least one but fewer than all requests for relief in the action and that is rendered pursuant to a legal authority that specifically authorizes that disposition by limited judgment.

(14) "Money award" means a judgment or portion of a judgment that requires the payment of money.

(15) "Person" includes a public body as defined in ORS 174.109 ("Public body" defined).

(16) "Request for relief" means a claim, a charge in a criminal action or any other request for a determination of the rights and liabilities of one or more parties in an action that a legal authority allows the court to decide by a judgment.

(17) "Supplemental judgment" means a judgment that may be rendered after a general judgment pursuant to a legal authority.

(18) "Support arrearage lien" means a lien that attaches to real property under the provisions of ORS 18.150 (Judgment liens in circuit courts) (3) or 18.152 (Establishing judgment liens in other counties) (3).

(19) "Support award" means a money award or agency order that requires the payment of child or spousal support. [2003 c.576 §1; 2005 c.542 §55; 2005 c.568 §4]

Note: Section 7, chapter 568, Oregon Laws 2005, provides:

Sec. 7. Sections 2 [18.245 (Jurisdictional requirements)] and 6 [18.029 (Effect of chapter on use of judgment)] of this 2005 Act and the amendments to ORS 18.005 (Definitions) by section 4 of this 2005 Act apply to all judgments entered on or after January 1, 2004. [2005 c.568 §7]

Note: Sections 45 and 569 (1) and (2), chapter 576, Oregon Laws 2003, provide:

Sec. 45. (1) Except as provided by this section or by ORS chapter 18, ORS chapter 18 applies only to judgments entered on or after January 1, 2004. Nothing in chapter 576, Oregon Laws 2003, affects the validity, lien effect or enforceability of any judgment or decree entered before January 1, 2004. Nothing in chapter 576, Oregon Laws 2003, affects the validity, lien effect or enforceability of any order or warrant docketed or recorded before January 1, 2004. Except as provided by this section or ORS chapter 18, any judgment or decree entered before January 1, 2004, and any order or warrant docketed or recorded before January 1, 2004, shall continue to be governed by the law in effect on the day immediately preceding January 1, 2004.

(2) ORS 18.107 (Corrections to civil judgments) applies to any corrected judgment entered on or after January 1, 2004, without regard to whether the original judgment is entered before, on or after January 1, 2004.

(3) A judgment creditor may create a judgment lien for a judgment in a county other than the county in which a judgment is entered in the manner provided by ORS 18.152 (Establishing judgment liens in other counties) without regard to whether the judgment is entered before, on or after January 1, 2004.

(4) ORS 18.158 (Judgment lien based on judgment for child support or spousal support entered in another state) applies to all judgments, whether entered before, on or after January 1, 2004.

(5) Except as provided in ORS 18.190 (Spousal support awards in judgments entered before January 1, 2004), ORS 18.180 (Expiration of judgment remedies in circuit court) and 18.182 (Extension of judgment remedies) apply to all judgments, whether entered before, on or after January 1, 2004. Notwithstanding ORS 18.182 (Extension of judgment remedies), any order of renewal entered before January 1, 2004, may be recorded in the manner provided by ORS 18.182 (Extension of judgment remedies) (6) with the effect provided by ORS 18.152 (Establishing judgment liens in other counties) (4).

(6) ORS 18.200 (Release of lien) applies to the release of any judgment lien after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(7) ORS 18.205 (Assignment of judgment) applies to the assignment of any judgment after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(8) ORS 18.225 (Satisfaction of money awards generally) applies to any satisfaction of judgment filed with a court on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(9) ORS 18.228 (Satisfaction of support awards payable to Department of Justice) and 18.232 (Alternate method for satisfaction of support awards payable to Department of Justice) apply to all judgments, whether entered before, on or after January 1, 2004.

(10) ORS 18.235 (Motion to satisfy money award) applies to any motion for an order declaring that a money award has been satisfied, or to determine the amount necessary to satisfy a money award, filed with a court on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(11) ORS 18.252 (Execution) and 18.255 (Enforcement of judgment by circuit court for county where debtor resides) apply to execution on any judgment, without regard to whether the judgment was entered before, on or after January 1, 2004.

(12) ORS 18.265 (Debtor examination) and 18.268 (Conduct of debtor examination) apply to any motion for a debtor examination made on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(13) ORS 18.270 (Written interrogatories) applies to any written interrogatories served on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(14) ORS 18.465 to 18.476 and 18.492 to 18.518 (both 2003 Edition) apply to any writ of execution issued on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004. [2003 c.576 §45; 2015 c.212 §21]

Sec. 569. (1) Except as specifically provided by this 2003 Act, the deletions of statutory references to decrees and the substitutions of references to judgments that are made by the provisions of this 2003 Act do not affect the determination as to whether a person has a right to a jury trial, the scope of review of the court’s decision under ORS 19.250 (Contents of notice of appeal), or any other procedural or substantive aspect of the proceedings giving rise to the court’s decision in an action.

(2) Except as specifically provided by this 2003 Act, the elimination of statutory references to dockets by this 2003 Act does not affect the validity, lien effect or enforceability of any judgment docketed before the effective date of this 2003 Act [January 1, 2004]. [2003 c.576 §569(1),(2)]

Notes of Decisions

"Claim" includes request filed under ORCP 68C for supple­mental judg­ment rendering attorney fees. Galfano v. KTVL-TV, 196 Or App 425, 102 P3d 766 (2004)

Supple­mental judg­ment arising from limited judg­ment, but entered before entry of general judg­ment, is not valid. Interstate Roofing, Inc. v. Springville Corp., 217 Or App 412, 177 P3d 1 (2008), modified 220 Or App 671, 188 P3d 359 (2008), modified 224 Or App 94, 197 P3d 27 (2008), overruled on other grounds, 347 Or 144, 218 P3d 113 (2009)

Law Review Cita­tions

44 WLR 377 (2007)

Chapter 18

Notes of Decisions

If terms used by trial court suffice to convey court's concluding decision or decisions, and if terms are set forth in docu­ment properly titled as judg­ment, then judg­ment docu­ment contains judg­ment. Interstate Roofing, Inc. v. Springfield Corp., 347 Or 144, 218 P3d 113 (2009)


1 Legislative Counsel Committee, CHAPTER 18—Judgments, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors018.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 18, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano018.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.