2007 ORS 36.170¹
Surcharge on appearance fees

(1) The clerks of the circuit courts shall collect a dispute resolution surcharge at the time a civil action, suit or proceeding is filed, including appeals. The surcharge shall be collected from a plaintiff or petitioner at the time the proceeding is filed. The surcharge shall be collected from a defendant or respondent upon making appearance. The amount of the surcharge shall be:

(a) $9, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (Filing and appearance fees in circuit court) (1), 21.310 (Probate filing fees and trial fee) or any other filing fee not specifically provided for in this section.

(b) $7, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (Filing and appearance fees in circuit court) (2) or 105.130 (How action conducted), or if the action is filed in the small claims department of circuit court and the amount or value claimed exceeds $1,500.

(c) $5, if the action, suit or proceeding is subject to the filing fees established by ORS 21.111 (Filing and appearance fees in certain domestic relations cases).

(d) $3 if the action is filed in the small claims department of circuit court and the amount or value claimed does not exceed $1,500.

(2) All surcharges collected under this section shall be deposited by the State Court Administrator into the State Treasury to the credit of the General Fund. [1989 c.718 §15; 1991 c.538 §4; 1991 c.790 §4; 1995 c.664 §77; 1995 c.666 §12; 1997 c.801 §§38,39; 2003 c.791 §18a; 2005 c.817 §4f]

Note: The amendments to 36.170 (Surcharge on appearance fees) by section 26, chapter 860, Oregon Laws 2007, apply to filings made in circuit courts on or after July 1, 2009. See section 27, chapter 860, Oregon Laws 2007. The text that applies on and after July 1, 2009, is set forth for the user’s convenience.

36.170 (Surcharge on appearance fees). (1) The clerks of the circuit courts shall collect a dispute resolution surcharge at the time a civil action, suit or proceeding is filed, including appeals. The surcharge shall be collected from a plaintiff or petitioner at the time the proceeding is filed. The surcharge shall be collected from a defendant or respondent upon making appearance. The amount of the surcharge shall be:

(a) $6, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (Filing and appearance fees in circuit court) (1), 21.310 (Probate filing fees and trial fee) or any other filing fee not specifically provided for in this section.

(b) $5, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (Filing and appearance fees in circuit court) (2) or 105.130 (How action conducted), or if the action is filed in the small claims department of circuit court and the amount or value claimed exceeds $1,500.

(c) $3, if the action, suit or proceeding is subject to the filing fees established by ORS 21.111 (Filing and appearance fees in certain domestic relations cases).

(d) $2, if the action is filed in the small claims department of circuit court and the amount or value claimed does not exceed $1,500.

(2) All surcharges collected under this section shall be deposited by the State Court Administrator into the State Treasury to the credit of the General Fund.

Law Review Cita­tions

27 WLR 552 (1991); 33 WLR 703 (1997)

1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­036.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 36, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­036ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.