68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
SA to RC to B-Eng. HB 2625
LC 2266
SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
B-ENGROSSED HOUSE BILL 2625
By JOINT COMMITTEE ON WAYS AND MEANS
June 8
On ****************************page 1 of the printed
B-engrossed bill, line 12, after ' 810.425' insert 'and section
50, chapter ___, Oregon Laws 1995 (Enrolled House Bill 2969),'.
On ****************************page 6, after line 24, insert:
' **************************** { + SECTION 8a. + } { + If
House Bill 2805 becomes law, section 8 of this Act (amending ORS
1.005) is repealed. + } ' .
On ****************************page 10, after line 25, insert:
' **************************** { + SECTION 20a. + } If House
Bill 2805 becomes law, section 20 of this Act (amending ORS
8.215) is repealed and ORS 8.215, as amended by section 19,
chapter ___, Oregon Laws 1995 (Enrolled House Bill 2805), is
further amended to read:
' 8.215. (1) Subject to applicable provisions of a personnel
plan established by the Chief Justice of the Supreme Court, a
person to serve as trial court clerk for { - : - }
' { - (a) - } a county shall be appointed by the presiding
judge for the judicial district, with the approval of a majority
of the judges of the circuit { - and district courts - } { +
court + } for the { + affected + } county.
' { - (b) The circuit court for a county shall be appointed by
the presiding judge for the judicial district, with the approval
of a majority of the circuit court judges. - }
' { - (c) The district court for a county shall be appointed
by the presiding judge for the judicial district, with the
approval of a majority of the district court judges. - }
' (2) A trial court clerk appointed under subsection (1) of
this section may be removed from the office by the appointing
presiding judge as provided in a personnel plan established by
the Chief Justice of the Supreme Court.
' (3) If the services of a trial court clerk for a county
{ - or for the circuit or district court for a county - } are
provided by the county under ORS 8.255 (2), a trial court clerk
for the county
{ - or for the circuit or district court - } shall not be
appointed under { - subsection (1) of - } this section.'.
On ****************************page 15, after line 36, insert:
' **************************** { + SECTION 30a. + } If Senate
Bill 385 becomes law, section 30 of this Act (amending ORS
36.400) is repealed and ORS 36.400, as amended by section 10,
chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 385), is
further amended to read:
' 36.400. (1) A mandatory arbitration program is established in
{ - the - } { + each + } circuit court { - of each judicial
district and in each district court - } .
' (2) Rules consistent with ORS 36.400 to 36.425 to govern the
operation and procedure of an arbitration program established
under this section may be made in the same manner as other rules
applicable to the court and are subject to the approval of the
Chief Justice of the Supreme Court.
' (3) Each circuit court shall establish whether arbitration
under ORS 36.400 to 36.425 is required in matters involving less
than $25,000 or in matters involving less than $50,000. The
decision shall be made by an affirmative vote of a majority of
the judges of the circuit court, subject to the approval of the
Chief Justice of the Supreme Court.
' (4) ORS 36.400 to 36.425 do not apply to appeals from a
county, justice's or municipal court or actions in the small
claims department of a { - district - } { + circuit + }
court.
' **************************** { + SECTION 30b. + } If House
Bill 2805 becomes law and Senate Bill 385 does not become law,
section 30 of this Act (amending ORS 36.400) is repealed and ORS
36.400, as amended by section 47, chapter ___, Oregon Laws 1995
(Enrolled House Bill 2805), is further amended to read:
' 36.400. (1) A mandatory arbitration program is established in
{ - the following courts: - }
' { - (a) In - } the circuit court of any judicial district
that contains a county with a population of 75,000 or more
according to the latest federal decennial census.
' { - (b) In the district court for a county or counties if
any of the counties served by the district court has a population
of 75,000 or more according to the latest federal decennial
census. - }
' (2) If an arbitration program is not required under
subsection (1) of this section, an arbitration program under ORS
36.400 to 36.425 for civil actions may be established for
{ - : - }
' { - (a) - } the circuit court in { - a - } { + each + }
judicial district { + . + } { - by an affirmative vote of a
majority of the judges of the court, subject to the approval of
the Chief Justice of the Supreme Court, or by an order of the
Chief Justice. - }
' { - (b) The district court for a county or counties by an
affirmative vote of a majority of the judges of the court,
subject to the approval of the Chief Justice of the Supreme
Court, or by an order of the Chief Justice. - }
' (3) Rules consistent with ORS 36.400 to 36.425 to govern the
operation and procedure of an arbitration program established
under this section { - for a court - } may be made in the same
manner as other rules applicable to the court { - pursuant to
ORS 1.002 (1), 3.220, 46.280 or section 1 of this 1995 Act. Rules
to govern the operation and procedure of a program made pursuant
to ORS 3.220, 46.280 or section 1 of this 1995 Act - } { +
and + } are subject to the approval of the Chief Justice of the
Supreme Court.
' { - (4) An arbitration program established under subsection
(2) of this section may be suspended or terminated by an order of
the Chief Justice of the Supreme Court. A civil action may not be
referred to arbitration under a program while the program is
suspended or after the program is terminated, but an action
referred to arbitration under a program before the program is
suspended or terminated and pending on the effective date of the
suspension or termination shall continue to be governed by the
applicable provisions of ORS 36.400 to 36.425 and rules made
under subsection (3) of this section. - }
' { - (5) - } { + (4) + } ORS 36.400 to 36.425 do not apply
to appeals from a county, justice's or municipal court or actions
in the small claims department of a { - district - } { +
circuit + } court.'.
On ****************************page 16, after line 7, insert:
' **************************** { + SECTION 31a. + } If Senate
Bill 385 becomes law, section 31 of this Act (amending ORS
36.405) is repealed and ORS 36.405, as amended by section 11,
chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 385), is
further amended to read:
' 36.405. (1) In a civil action in a circuit { - or
district - } court where all parties have appeared, the court
shall refer the action to arbitration under ORS 36.400 to 36.425
if either of the following applies:
' (a) The only relief claimed is recovery of money or damages,
and no party asserts a claim for money or general and special
damages in an amount exceeding the amount established under ORS
36.400 (3) { - for the circuit court, or in an amount exceeding
$10,000 in the district court - } , exclusive of attorney fees,
costs and disbursements and interest on judgment.
' (b) The action is a domestic relations suit, as defined in
ORS 107.510, in which the only contested issue is the division or
other disposition of property between the parties.
' (2) The presiding judge of the court may do either of the
following:
' (a) Exempt from arbitration under ORS 36.400 to 36.425 a
civil action that otherwise would be referred to arbitration
under this section.
' (b) Remove from further arbitration proceedings a civil
action that has been referred to arbitration under this section,
when, in the opinion of the judge, good cause exists for that
exemption or removal.'.
On ****************************page 19, after line 36, insert:
' **************************** { + SECTION 41a. + } If Senate
Bill 61 becomes law, section 41 of this Act (amending ORS 46.221)
is repealed and ORS 46.221, as amended by section 79, chapter
___, Oregon Laws 1995 (Enrolled Senate Bill 61), is further
amended to read:
' 46.221. (1) In the { - district court - } { + small
claims department of circuit court + } there shall be charged and
collected in civil cases by the clerk of the court the following
fees for the following purposes and services:
' { - (a) Appearance for plaintiff or appellant, $48. - }
' { - (b) Appearance for defendant or respondent appearing
separately or for defendants or respondents appearing jointly,
$24. - }
' { - (c) Trial fee, for a trial on the merits without a jury,
$15 for each full or partial day of the trial, to be collected
and considered as costs and disbursements as provided in ORS
21.270 for the trial fee in the circuit court. - }
' { - (d) Jury trial fee, for a trial by jury, $50 for each
full or partial day of the trial, to be collected and considered
as costs and disbursements as provided in ORS 21.270 for the jury
trial fee in the circuit court. - }
' { - (e) Hearing fees, other than in small claims department,
$10 or $25 for a reported hearing, to be collected and considered
as costs and disbursements as provided in ORS 21.275 for hearing
fees for reported hearings in the circuit court. For purposes of
the application of ORS 21.275, failure of a party to request that
hearing be reported constitutes a waiver of reporting by the
party. There is no hearing fee under this paragraph for a hearing
not reported. - }
' { - (f) In small claims department, - } { + (a) + }
Plaintiff filing a claim, $22 when the amount or value claimed
does not exceed $1,500, and $48 when the amount or value claimed
exceeds $1,500; and defendant demanding a hearing, $14.50 when
the amount or value claimed by plaintiff does not exceed $1,500,
and $24 when the amount or value claimed by plaintiff exceeds
$1,500.
' { - (g) - } { + (b) + } Transcript of judgment in the
format provided in ORCP 70 A from small claims department, $4.
' { - (h) - } { + (c) + } Transfer of cause to circuit court
{ - , or transfer of case from small claims department to
district court - } on counterclaim, $8.
' (2) Except as otherwise provided in this section, fees
provided for in this section shall be collected in advance.
{ - No paper constituting an appearance referred to in
subsection (1)(a) or (b) of this section and - } No claim or
demand referred to in subsection (1) { - (f) - } { + (a) + }
of this section shall be deemed filed unless the required fee is
paid by the filing party.
' { - (3) In addition to the fees charged under subsection
(1)(a) and (b) of this section, the clerk of the court shall
collect a surcharge at the time of filing an appearance by the
plaintiff or the defendant in the district court of any civil
action, suit or proceeding, including appeals and actions brought
pursuant to ORS 105.110 or 105.112, but not including domestic
relations, probate, protective proceedings under sections 1 to 66
of this 1995 Act, adoption or change of name. The amount of the
surcharge shall be $5. The surcharge shall be used by the Dispute
Resolution Commission to establish community dispute resolution
programs under ORS 36.100 to 36.175 and to carry out the duties
of the commission under ORS 36.100 to 36.175 and 36.180 to
36.210. The surcharges shall be deposited by the State Court
Administrator into the State Treasury to the credit of the
Dispute Resolution Account. - }
' { - (4) The surcharge imposed under subsection (3) of this
section shall be collected in any district court action brought
under ORS 105.110 or 105.112 when the district court has
jurisdiction over the matter. - } '.
On ****************************page 32, after line 1, insert:
' **************************** { + SECTION 70a. + } If House
Bill 2969 becomes law, section 70 of this Act (amending ORS
105.155) is repealed and section 50, chapter ___, Oregon Laws
1995 (Enrolled House Bill 2969), is amended to read:
' { + Sec. 50. + } (1) If the court renders judgment for
restitution of the premises to the plaintiff, the plaintiff shall
enforce that judgment in the following manner:
' (a) Issuance by the clerk of the court and service upon the
defendant of a notice of restitution, which shall give the
defendant three days to move out of the premises, including
removal of all personal property; and
' (b) After the expiration of the three-day period provided in
the notice of restitution, issuance by the clerk of the court and
service upon the defendant of a writ of execution of judgment of
restitution, which shall direct the sheriff to enforce the
judgment by removing the defendant and the defendant's personal
property and by returning possession of the premises to the
plaintiff, along with an eviction trespass notice from the
sheriff.
' (2) The notice of restitution referred to in subsection (1)
of this section shall be in substantially the following form:
� _______________________________________________________________
NOTICE OF RESTITUTION
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
TO: __________
(Defendant-Tenant)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Case Number__________
In the case of __________ vs. __________, the
{ - District - } { + Circuit + } or Justice Court
for __________ County ordered you to move out of the premises at:
__________________
__________________
__________________
by__________, 19__.
The plaintiff-landlord is now entitled to possession of these
premises.
YOU ARE ORDERED TO VACATE THE PREMISES NO LATER THAN __ .M.,
_____, 19__. IF YOU DO NOT VACATE THE PREMISES AND MOVE YOUR
PERSONAL PROPERTY BY THAT TIME, THE SHERIFF WILL PHYSICALLY
REMOVE YOU, AND YOUR PROPERTY LEFT ON THE PREMISES WILL BE STORED
AS PROVIDED BY LAW. CONTACT THE PLAINTIFF-LANDLORD FOR FURTHER
INFORMATION.
Posted at __.M., _____, 19__.
__________
Deputy Court Administrator
_________________________________________________________________
(3) The writ of execution of judgment of restitution referred
to in subsection (1) of this section shall be in substantially
the following form:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Oreg)n, WRIT OF
) ssEXECUTION OF
) JUDGMENT OF
) RESTITUTION
County of___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
To the Sheriff:
This was a forcible entry and detainer action for possession of
the following premises:
__________
__________ (city)
__________ (county)
Judgment was rendered on _____ (date) that the plaintiff have
restitution of the premises on or after _____ (date), and also
that the plaintiff recover costs and disbursements in the sum of
$_____.
In the name of the State of Oregon, you are ordered to enforce
and serve this writ on the defendant, in the manner provided in
ORS 105.155 (8), after the three-day period provided in the
notice of restitution.
If the defendant, and the goods, motor vehicles and other
personal property belonging to the defendant, are not removed by
the end of three days, and if the plaintiff has paid all fees for
enforcement of this execution, you shall immediately make legal
service of this writ and an eviction trespass notice on the
defendant and deliver possession of the premises to the
plaintiff. You shall remove the defendant from the premises.
Unless the premises are subject to ORS 105.165, and the plaintiff
elects to remove the defendant's personal property under that
section, you shall also remove the goods, motor vehicles and
other personal property belonging to the defendant to a safe
place for storage, levy on this property, pay the costs and
disbursements awarded to the plaintiff, as well as all accruing
costs, and make due return of this writ.
DATED this __ day of _____, 19__.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________________
Deputy Court Administrator
__________________
Plaintiff
__________________
Address
__________________
City/State/Zip
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(4) The eviction trespass notice referred to in subsection (1)
of this section shall be in substantially the following form:
_________________________________________________________________
EVICTION TRESPASS NOTICE
Occupants of these premises located at:
__________
__________
__________
have been evicted by an order of the court in ______ vs. ______,
Case Number ______.
Trespassing or entering into or upon these premises without
written consent of the landlord will result in arrest and
prosecution.
Any personal property present on these premises at the time
this notice was served, (date) __________,
� | is in the possession of the landlord and may be
redeemed by contacting the landlord at:
_______________
_______________
_______________
� | is in possession of the sheriff. Contact the sheriff
for further information.
DATED __________
__________
Sheriff
� _______________________________________________________________
' (5) The sheriff or a process server shall serve the notice of
restitution, in the manner provided by this subsection.
Notwithstanding ORCP 10, by the end of the next judicial day
following the payment of fees:
' (a) The sheriff or process server shall mail a copy of the
notice of restitution by first class mail to the defendant at the
premises; and
' (b) The sheriff or process server shall serve the notice of
restitution at the premises by personal delivery to the defendant
or, if the defendant is not available for service, by attaching a
copy of the notice in a secure manner to the main entrance to
that portion of the premises of which the defendant has
possession.
' (6) If service of the notice of restitution is made by a
process server, by the end of the next judicial day following
service, the process server shall file with the clerk an
affidavit indicating the manner in which service was accomplished
and the date and time of service.
' (7) Notwithstanding ORCP 10, the three-day period specified
in subsection (1) of this section shall commence on the day
following mailing and service pursuant to subsection (5) of this
section and shall end on the third calendar day following such
mailing and service unless the third day is a Saturday, Sunday or
legal holiday, in which case the period shall end on the next
judicial day.
' (8) Only the sheriff shall enforce and serve a writ of
execution of judgment of restitution. Upon the expiration of the
three-day period specified in subsection (1) of this section and
if the plaintiff has paid the fees for enforcement of the writ,
the sheriff shall immediately enforce and serve the writ upon the
defendant, along with the eviction trespass notice, as follows:
' (a) The sheriff shall mail a copy of the writ and the
trespass notice by first class mail to the defendant at the
premises; and
' (b) The sheriff shall serve the writ and the trespass notice
at the premises by personal delivery to the defendant or, if the
defendant is not available for service, by attaching the writ and
notice in a secure manner to the main entrance to that portion of
the premises of which the defendant has possession. The sheriff
shall at that time return possession of the premises to the
plaintiff.
' (9) At the plaintiff's request, the sheriff shall delay
enforcement and service of the writ for up to but no more than 30
days, after which the writ expires.
' (10) Unless the judgment otherwise provides, a writ of
execution of judgment of restitution shall not issue more than 60
days after the judgment is entered or after any date for
possession as specified in the judgment, whichever is later.
' (11) A judgment may not be enforced if the parties have
entered a new rental agreement or if the plaintiff has accepted
rent for a period after that judgment was entered.
' (12) For purposes of this section, 'process server' means any
competent person 18 years of age or older who:
' (a) Is a resident of the State of Oregon;
' (b) Is not the plaintiff, a relative of the plaintiff or an
agent of the plaintiff for purposes of management of the
premises;
' (c) Is a person regularly employed in the business of serving
process; and
' (d) Charges a fee no greater than that set by ORS 21.410
(1)(b) for service of the notice of restitution.'.
On ****************************page 41, after line 32, insert:
' **************************** { + SECTION 92a. + } If House
Bill 2805 becomes law, section 92 of this Act (amending ORS
221.315) is repealed and ORS 221.315, as amended by section 41,
chapter ___, Oregon Laws 1995 (Enrolled House Bill 2805), is
further amended to read:
' 221.315. (1) Prosecution of violations of the charter or
ordinances of a city in { - district - } { + circuit + } or
justice's court shall be by the city attorney and in the name of
such city. An agreement may be made between any city and, on
behalf of the state, the presiding judge for the judicial
district in which all or part of such city is located, that such
violations be prosecuted for such city in the { - district - }
{ + circuit + } court by the district attorney in the name of
the State of Oregon. An agreement may be made, pursuant to ORS
190.010, between any city and the county in which all or part of
such city is located, that such violations be prosecuted for such
city in the justice's court by the district attorney in the name
of the State of Oregon.
' (2) Except as otherwise provided by an agreement made under
subsection (1) of this section in respect to the court, all
fines, costs and forfeited bail collected by the
{ - district - } { + circuit + } or justice's court having
jurisdiction of a violation of a city charter or ordinance shall
be paid as follows:
' (a) One-half of all fines and forfeited bail shall be
credited and distributed under ORS 137.293 and 137.295 to the
treasurer of the city whose charter or ordinance was violated, as
a monetary obligation payable to the city.
' (b) If collected by the { - district - } { + circuit + }
court, the costs and one-half of the fines and forfeited bail
shall be credited and distributed under ORS 137.293 and 137.295,
as a monetary obligation payable to the state.
' (c) If collected by the justice's court, the costs and
one-half of the fines and forfeited bail shall be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the
county in which the court is located as a monetary obligation
payable to the county.'.
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