2007 ORS 46.475¹
Additional time for appearances
  • default and dismissal

(1) Upon written request, the court may extend to the parties additional time within which to make formal appearances required in the small claims department of a circuit court.

(2) If the defendant fails to pay the claim, demand a hearing, or demand a jury trial and comply with ORS 46.465 (Time and place of hearing) (3)(c), upon written request from the plaintiff the clerk shall enter a judgment against the defendant for the relief claimed plus the amount of the small claims filing fees and service expenses paid by the plaintiff and the prevailing party fee provided by ORS 20.190 (Prevailing party fees).

(3) If the plaintiff fails within the time provided to file a formal complaint pursuant to ORS 46.465 (Time and place of hearing) (3)(a), the clerk shall:

(a) Dismiss the case without prejudice; and

(b) If the defendant applies therefor in writing to the clerk not later than 30 days after the expiration of the time provided for the plaintiff to file a formal complaint, refund to the defendant the amount of the jury trial fee paid by the defendant under ORS 46.455 (Admission or denial of claim) (2)(c).

(4) If the defendant appears at the time set for hearing but no appearance is made by the plaintiff, the claim shall be dismissed with prejudice. If neither party appears, the claim shall be dismissed without prejudice.

(5) Upon good cause shown within 60 days, the court may set aside a default judgment or dismissal and reset the claim for hearing. [1971 c.760 §9; 1977 c.875 §6; 1985 c.496 §15; 1991 c.111 §6; 1995 c.618 §§8,8a; 1995 c.658 §51; 1997 c.46 §§12,13; 1999 c.84 §10]

Law Review Cita­tions

55 OLR 188-196 (1976)


1 Legislative Counsel Committee, CHAPTER 46—Small Claims Department of Circuit Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­046.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 46, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­046ano.­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.