Chapter 339
AN ACT
SB 501
Relating to judgments; creating new
provisions; and amending ORS 18.042, 18.058, 18.075, 18.154, 18.182, 18.200,
18.205, 18.225, 18.228, 18.235, 46.488, 52.635, 87.450 and 416.440 and ORCP 47
C, 47 D and 47 F.
Be It Enacted by the People of
the State of
MONEY AWARDS
SECTION 1. ORS 18.042 is amended to read:
18.042. (1) The judgment document for a judgment in a civil action that
includes a money award must contain a separate section clearly labeled as a
money award. Any judgment in a civil action that includes a money award, but
does not contain a separate section clearly labeled as a money award, does not
create a judgment lien but may be enforced by any other judgment remedy.
(2) The separate section
required by subsection (1) of this section must include all of the following:
(a) The name and address
of each judgment creditor and the name, address and
telephone number of any attorney who represents one or more of the judgment
creditors.
(b) The name of each
judgment debtor and, to the extent known by the judgment creditor:
(A) The address of each
judgment debtor;
(B) The date of birth of
each judgment debtor;
(C) The Social Security
number or tax identification number of each judgment debtor;
(D) The driver license
number of each judgment debtor and the name of the state that issued the
license; and
(E) The name of any
attorney for each judgment debtor.
(c) The name of any
person or public body, as defined in ORS 174.109, other than the judgment
creditor’s attorney, that is known by the judgment creditor to be entitled to
any portion of the money award.
(d) [The amount of the money award.] The
amount of money awarded in the judgment, exclusive of amounts required to be
included in the separate section under paragraphs (e) to (h) of this
subsection.
(e) Any interest owed as
of the date the judgment is entered in the register, either as a specific
amount or as accrual information, including the rate or rates of interest, the
balance or balances upon which interest accrues, the date or dates from which
interest at each rate on each balance runs, and whether interest is simple or
compounded and, if compounded, at what intervals.
(f) Information about
interest that accrues on the judgment after entry in the register, including
the rate or rates of interest, the balance or balances upon which interest
accrues, the date or dates from which interest at each rate on each balance
runs, and whether interest is simple or compounded and, if compounded, at what
intervals.
(g) For monetary
obligations that are payable on a periodic basis, any accrued arrearages,
required further payments per period and payment dates.
(h) If the judgment
requires the payment of costs and disbursements or attorney fees, a statement
indicating that the award is made, any specific amounts awarded,
a clear identification of the specific requests for relief for which any
attorney fees are awarded and the amount of attorney fees awarded for each
request for relief.
(3) The information
required by subsection (2) of this section must be set forth in the money award
section of the judgment document in the same order as the requirements appear
in subsection (2) of this section.
(4) The separate section
required by subsection (1) of this section must be placed immediately above the
judge’s or court administrator’s signature. The separate section must be
clearly labeled at its beginning as a money award. If the judgment includes a
support award, the label of the separate section must so indicate. Except for
information described in ORS 24.290, the separate section of the judgment
document may not contain any provision except the information required by this
section.
(5) Notwithstanding
subsection (2) of this section, in proceedings under ORS 107.085 and 107.485
the Social Security number of a judgment debtor must be provided by the
judgment creditor in the manner established by the State Court Administrator
under ORS 107.840.
(6) Notwithstanding
subsection (2) of this section, a public body, as defined in ORS 174.109, need
not include the Social Security number or driver license number of a judgment
debtor if disclosure of the Social Security number or driver license number
violates federal law or any law of this state.
(7) The provisions of
this section do not apply to foreign judgments that are filed with a court
under ORS 24.115 or 110.405. If a foreign judgment is filed with the court
under ORS 24.115, the separate statement required by ORS 24.125 must be filed
with the foreign judgment.
JUDGMENT LIEN RECORD
SECTION 2. ORS 18.075 is amended to read:
18.075. (1) A judgment is entered in circuit court when a court
administrator notes in the register that a judgment document has been filed
with the court administrator.
(2) Subject to ORS
18.058 (2), when a judge files a judgment document with the court
administrator, the court administrator shall note in the register:
(a) That the judgment
document has been filed and the day, hour and minute that the judgment is
entered.
(b) Whether the judgment
is a limited judgment, a general judgment or a supplemental judgment.
(c) Whether the judgment
includes a money award.
(d) Whether the judgment
creates a judgment lien under ORS 18.150.
(3) If the court
administrator notes in the register that a judgment creates a judgment lien,
the court administrator shall note in a [separate]
judgment lien record maintained by the court administrator:
(a) The name of all
judgment debtors.
(b) The name of all
judgment creditors.
(c) The amount of the money
award.
(d) Whether the money
award includes a support award or an award of restitution.
(4) If the court
administrator makes a notation of judgment in the [separate] judgment lien record [required by subsection (3) of this section], the court administrator
shall thereafter also note in the [separate]
judgment lien record:
(a) The date on which
any appeal is filed.
(b) Whether a
supersedeas undertaking, as defined in ORS 19.005, is filed.
(c) The date of any
decision on appeal.
(d) Any execution issued
by the court and the return on any execution.
(e) Any satisfaction of
the judgment, when entered.
(f) Other such
information as may be deemed necessary by court order or court rule.
(5) The court
administrator shall enter a judgment in the register within 24 hours after the
judgment document is filed with court administrator, excluding Saturdays and
legal holidays. If the court administrator is not able to enter the judgment
within the time prescribed in this subsection, or fails to do so, the court
administrator shall enter the judgment as soon as practicable thereafter.
(6) Except as provided
in ORS 18.058, and in ORCP 69 B(1) for judgments by
default, the court administrator shall be subject to the direction of the court
in entering judgments in the register.
(7) The court
administrator shall not delay entry of judgment under ORCP 68 for taxation of
attorney fees or costs and disbursements.
(8) Administrative
orders entered in the register under ORS 416.440 have the effect provided for
in that section.
(9) The State Court
Administrator shall ensure that the register[,] and the [separate] judgment lien record [required by subsection (3) of this section,] be established and
maintained in a uniform manner in the circuit courts.
(10) References in
Oregon Revised Statutes to docketing of a judgment are equivalent to entry of a
judgment as described in subsection (1) of this section.
(11) This section does
not apply to justice courts, municipal courts or county courts performing
judicial functions.
SECTION 3. ORS 18.058 is amended to read:
18.058. (1) Except as
provided in subsection (2) of this section, the court administrator shall note
in the register that a judgment document has been filed if the judgment
document is signed by a judge of the court, or by the court administrator if
the court administrator is authorized by law to sign
the judgment document, and filed with the court administrator, whether or not
the judgment document complies with the requirements of ORS 18.038, 18.042 and
18.048.
(2) If the title of a
document filed with the court administrator indicates that the document is a
decree, or indicates that the document is a judgment but fails to indicate
whether the judgment is a limited judgment, general judgment or supplemental
judgment, the court administrator may not note in the register that a judgment
document has been filed, and shall return the document to the judge, unless the
judgment is exempt under ORS 18.038 (2).
(3) The court
administrator may rely on a judgment document for entry of information in the
register. The court administrator is not liable for entering any information in
the register that reflects information contained in a judgment document,
whether or not the information in the judgment is correct or properly
presented.
(4) The court
administrator may rely on the presence or absence of a separate section in the
judgment document required by ORS 18.042 or 18.048 in determining whether a
judgment contains a money award. The court administrator shall enter information
in the register[,]
and in the [separate] judgment
lien record [required by ORS 18.075,]
only from the separate section unless otherwise ordered by the court.
(5) This section does
not apply to justice courts, municipal courts or county courts performing
judicial functions.
SECTION 4. ORS 18.154 is amended to read:
18.154. A judgment
debtor who appeals a judgment may move the trial court for elimination of the
judgment lien created by the judgment. A court may grant a motion under this
section if the judgment debtor files a supersedeas undertaking, as defined in
ORS 19.005, and provides such additional security as may be required by the
court to ensure that adequate amounts will be available to satisfy the judgment
if affirmed on appeal. If the court grants the motion, the court administrator
shall note in the register[,] and in the [separate]
judgment lien record [required under
ORS 18.075,] that the judgment lien has been eliminated.
SECTION 5. ORS 18.182 is amended to read:
18.182. (1) Judgment
remedies for a judgment may be extended by filing a certificate of extension in
the court that entered the judgment. The court administrator shall enter the
certificate in the register of the court and in the [separate] judgment lien record [maintained under ORS 18.075]. Except as provided in ORS 18.180 to
18.192, a judgment creditor may file a certificate of extension only if:
(a) Judgment remedies
for the judgment have not expired under ORS 18.180; and
(b) A full satisfaction
document for the money award portion of the judgment has not been filed.
(2) Notwithstanding
subsection (1) of this section, if the judgment debtor has been discharged from
debt under federal bankruptcy laws, a certificate of extension may not be filed
except as provided in this subsection. Judgments are presumed to have not been
discharged in bankruptcy until the judgment debtor establishes that the
judgment has been discharged. If the judgment debtor is discharged from a debt,
a certificate of extension may be filed if:
(a) The debtor owned
real property and the judgment lien attached to that property before the filing
of the bankruptcy petition;
(b) The judgment lien
was not avoided by action of the bankruptcy court;
(c) The judgment lien
has not been discharged under ORS 18.238; and
(d) The certificate of
extension includes a legal description of the real property and a statement
that the extension affects only the lien on the real property described in the
certificate.
(3) A certificate of
extension must be signed by the judgment creditor, or by an attorney who
represents the judgment creditor.
(4) Subject to ORS
18.190 and 18.192, if a certificate of extension is filed after the date on
which the judgment remedies for the judgment expire under ORS 18.180, the
certificate has no effect.
(5) The judgment
remedies for a judgment that are extended under the provisions of this section
expire 10 years after the certificate of extension is filed. Judgment remedies
for a judgment may be extended only once under the provisions of this section.
(6) A certified copy of
a certificate of extension, or a lien record abstract for the certificate, may
be recorded in any county in which the judgment was recorded under ORS 18.152,
with the effect provided by ORS 18.152 (4).
(7) Except as provided
in ORS 18.185, 18.190 and 18.192, the judgment remedies for the support award
portion of a judgment, and any lump sum money award for unpaid child support
installments, may not be extended under this section.
(8) The judgment
remedies for a judgment in a criminal action may not be extended under this
section.
(9) This section does
not apply to justice courts, municipal courts or county courts performing
judicial functions.
SECTION 6. ORS 18.200 is amended to read:
18.200. (1) A judgment
creditor may provide a release of lien document to a judgment debtor or to any
other person with an interest in real property to which a judgment lien has
attached. The release of lien document may be for all real property in a county
or for a single piece of real property in a county. A release of lien document
may be signed by the judgment creditor, or by any attorney who represents the
creditor. The signature of the judgment creditor or attorney signing a release
of lien document must be witnessed by a notary public.
(2) A release of lien
document may be filed with the court administrator at any time after a judgment
lien attaches under ORS 18.150. The court administrator shall note in the
register and in the [separate]
judgment lien record [maintained
under ORS 18.075] that the release of lien document has been filed, and
also shall note whether the release is for all real property in a county or
only for a single piece of real property in a county.
(3) A release of lien
document may be recorded in any County Clerk Lien Record in which the judgment
was recorded under ORS 18.152.
(4) Upon filing or
recording under this section, a release of lien document operates to eliminate
any judgment lien arising from the entry or recording of the judgment to the
extent reflected in the document. The filing of a release of lien document does
not constitute a full or partial satisfaction of the judgment.
(5) The court
administrator may not charge a fee for filing a release of lien document.
(6) This section does
not apply to justice courts, municipal courts or county courts performing
judicial functions.
SECTION 7. ORS 18.205 is amended to read:
18.205. (1) A judgment creditor may assign all or part of the creditor’s
rights under a judgment. An assignment of judgment document must be signed by
the judgment creditor, or by an attorney who represents the judgment creditor.
The signature of the judgment creditor or attorney signing the document must be
acknowledged by a notary public. The document may be:
(a) Filed with the court
administrator for the court in which the judgment was entered, and upon such
filing shall be entered in the register and in the [separate] judgment lien record [maintained under ORS 18.075]; or
(b) Recorded in any
County Clerk Lien Record in which the judgment was recorded under ORS 18.152.
(2) Upon filing or
recording under this section, an assignment of judgment document operates to
assign the judgment creditor’s rights under the judgment to the extent
reflected in the document.
(3) If this or another
state is assigned or subrogated to the support rights of a person under ORS
418.032, 418.042, 419B.406 or 419C.597 or similar statutes of another state, an
assignment of judgment document bearing the signature of the Administrator of
the Division of Child Support of the Department of Justice or the authorized
representative of the administrator may be filed or recorded in the same manner
as an assignment of judgment document under subsection (1) of this section and
shall have the same effect as an assignment of judgment document signed by the
judgment creditor.
(4) This section does
not apply to justice courts, municipal courts or county courts performing
judicial functions.
SECTION 8. ORS 18.225 is amended to read:
18.225. (1) A satisfaction document may be for full or partial
satisfaction of a money award. The title of the document must indicate whether
the money award has been partially or fully satisfied. A satisfaction document
must be signed by the judgment creditor or by an attorney who represents the
judgment creditor. The signature of the judgment creditor or attorney signing a
satisfaction document must be witnessed by a notary public.
(2) When the money award
portion of a judgment has been fully satisfied, the judgment creditor must:
(a) File a satisfaction
document for the full amount of the money award portion of the judgment in the
county in which the judgment was entered; and
(b) Deliver to the
judgment debtor a satisfaction document for the full amount of the money award
portion of the judgment for every county in which the judgment has been
recorded under ORS 18.152.
(3) Upon request by a
judgment debtor or any person with an interest in real property subject to a
judgment lien, a judgment creditor must provide to the judgment debtor a
satisfaction document for all amounts credited against a money award as of the
date that the satisfaction document is signed.
(4) A satisfaction
document may be filed with the court administrator at any time after entry of a
judgment. The court administrator may not charge a fee for filing a
satisfaction document. The court administrator shall note in the register and
in the [separate] judgment lien
record [maintained under ORS 18.075]
that the satisfaction document has been filed, and shall note if the document
indicates that the money award has been fully satisfied.
(5) Upon payment of all
required fees, the court administrator shall issue a certified copy of any
satisfaction document filed with the court administrator and entered in the
court register. The certified copy may be recorded in any County Clerk Lien
Record in which the judgment was recorded under ORS 18.152.
(6) A satisfaction
document for a support award that is paid to the Department of Justice may be
filed with the court administrator only as provided in ORS 18.228.
(7) This section does
not apply to justice courts, municipal courts or county courts performing
judicial functions.
SECTION 9. ORS 18.228 is amended to read:
18.228. (1) If a support award is paid to the Department of Justice, the
judgment creditor may receive credit for satisfaction of the judgment only in
the manner provided by this section. The department may provide judgment
creditors with forms and instructions for satisfaction of support awards under
this section.
(2) Any satisfaction
document for a support award described in subsection (1) of this section must
be mailed to or delivered to the Department of Justice, and not to the court
administrator. The department shall credit the amounts reflected in the satisfaction
document to the support award pay records maintained by the department. Except
as provided in subsection (3) of this section, the department shall not credit
amounts against the support award pay records to the extent that the judgment
is assigned or subrogated to this or another state. The Department of Justice
shall thereafter promptly forward the satisfaction document to the court
administrator for the court in which the money award was entered, together with
a certificate from the department stating the amounts reflected as paid in the
support award pay records maintained by the department. The court administrator
shall note in the register as paid only the amount stated in the certificate,
and not the amount shown on the satisfaction document.
(3) If a support award
has been assigned to this state, the Department of Justice may satisfy the
support award to the extent of the assignment. The department may credit the
amounts reflected in the satisfaction document to the support award pay records
maintained by the department and file the satisfaction document with the court
administrator for the court in which the money award was entered, together with
a certificate from the department stating the amounts reflected as paid in the
support award pay records. The court administrator shall note in the register
and in the [separate] judgment
lien record [maintained under ORS
18.075] the amount of satisfaction shown on the certificate, and not the
amount shown on the satisfaction document.
(4) Unless a judgment
requires that payments under a support award be paid to the Department of
Justice or enforcement services are provided pursuant to ORS 25.080, all
satisfaction documents for a support award must be filed with the court
administrator.
SECTION 10. ORS 18.235 is amended to read:
18.235. (1) A judgment
debtor or person with an interest in real property against which a judgment
lien exists may move the court for an order declaring that a money award has
been satisfied or for a determination of the amount necessary to satisfy the
money award, when the person cannot otherwise obtain a satisfaction document
from a judgment creditor.
(2) Motions under this
section shall be filed in the action in which the judgment was entered. All
proceedings on the motion shall be conducted as part of the action in which the
judgment was entered. An appearance fee may not be charged for filing a motion
under this section.
(3) A motion under this
section must include the following information, to the extent known to the person
making the motion:
(a) The date of entry
and principal amount of the money award.
(b) The rate of interest
and the date the interest commenced to accrue.
(c) The date or dates
and amounts of any payments on the money award.
(d) Any amount that the
person believes remains to be paid on the money award, including any supporting
mathematical calculations.
(e) Any other
information necessary or helpful to the court in making its determination.
(4) A person making a
motion under this section must serve the motion on the judgment creditor. If
the person making the motion is not the judgment debtor, the person also must
serve the motion and supporting affidavit on the judgment debtor. If an
assignment of judgment document has been filed with the court under ORS 18.205,
the motion must be served on the person named as the assignee of the judgment.
Service on the judgment creditor and judgment debtor under this subsection may
be made as provided in ORCP 9 if the motion is filed within one year after entry
of the judgment. If the motion is filed more than one year after entry of the
judgment, or service is to be made on an assignee of the judgment, the motion
may either be personally served as provided in ORCP 7, or be served by
certified mail, return receipt requested with signed receipt. The court may
waive service on any person under this subsection if the person making the
motion files an affidavit with the court stating that the person cannot be
found after diligent effort by the person making the motion. The party making
the motion shall file proof of service with the court.
(5) A person served with
a motion under this section must file a response within 21 days after service
is made, or within such time as may be allowed by the court. The response must
specifically identify those assertions in the motion that the person contests.
The response must contain any information or mathematical calculations
necessary to support the contentions of the responding party.
(6) The court shall hear
the motion not less than seven days after notice of hearing is given to the
person filing the motion and to the parties served with the motion. The court
shall hear and determine the issues in a summary fashion without a jury. The
court shall give the parties a reasonable opportunity to present evidence
relevant to any factual issues.
(7) If the court
determines that the person making the motion is entitled to relief, the court
shall issue an order providing that the money award has been satisfied in full
or, if the money award has not been satisfied in full, the specific amount that
will satisfy the judgment on a specific date or within a period of time
specified in the order.
(8) If the court finds
that the judgment creditor willfully failed to provide a satisfaction document
under ORS 18.225, the court may render a supplemental judgment awarding
reasonable attorney fees to the person making the motion. The supplemental
judgment may provide that the demanding party may satisfy the judgment by
paying such amounts the court determines to be necessary to satisfy the
judgment less that sum of money the court awards as attorney fees.
(9) If the court finds
that the money award has been satisfied, or if the amount specified by the
court is paid to the court administrator within the time specified by the
court, the court administrator shall note in the register and in the [separate] judgment lien record [maintained under ORS 18.075] that the
money award has been satisfied in full. The court administrator shall deliver
any money paid to the court administrator to the party or parties specified in
the court’s order.
(10) Upon request of the
judgment debtor or person making the motion, the court administrator shall
issue a certificate indicating that the money award has been satisfied. The
certificate may be recorded in any County Clerk Lien Record in which the
judgment was recorded under ORS 18.152. Recording of the certificate eliminates
any judgment lien that was created by the recording of the judgment.
(11) At least five days
before filing a motion under this section, the person must serve by personal
delivery or first class mail a copy of the motion on the Administrator of the
Division of Child Support of the Department of Justice, or on the branch office
of the Department of Justice providing support services to the county in which
the motion will be made, if:
(a) The motion relates
to satisfaction of a support award; and
(b) Child support
rights, as defined in ORS 25.010, for the judgment creditor have been assigned
to the state.
(12) This section does
not apply to justice courts, municipal courts or county courts performing
judicial functions.
SECTION 11. ORS 46.488, as amended by section 78, chapter
737, Oregon Laws 2003, is amended to read:
46.488. (1) A judgment
creditor may not create a judgment lien for a judgment entered in the small
claims department of a circuit court if the money award is less than $10,
exclusive of costs and disbursements. A judgment creditor may create a judgment
lien for a judgment entered in the small claims department of a circuit court
in an amount of $10 or more and less than $3,000, exclusive of costs and
disbursements, only as provided in subsection (3) of this section.
(2) If a judgment is
rendered in the small claims department in an amount of $3,000 or more, the
clerk shall note in the register of the circuit court that the judgment creates
a judgment lien if the judgment otherwise complies with the requirements of ORS
chapter 18 for creating a judgment lien. A judgment creditor may create a lien
for the judgment in other counties in the manner provided by ORS 18.152.
(3) When a judgment is
entered in the small claims department in an amount of $10 or more and less
than $3,000, exclusive of costs or disbursements, a judgment creditor may at
any time before expiration of judgment remedies for the judgment under ORS
18.180 create a judgment lien for the judgment by paying to the clerk of the
court that entered the judgment the fees established by ORS 21.325 (1) and (2)
and requesting that the clerk of the court note in the register[,] and in the [separate] judgment lien record [maintained under ORS 18.075,] that the judgment creates a judgment
lien. Upon receipt of the fees and request for creating a judgment lien, the
clerk shall note in the register that the judgment creates a judgment lien.
Upon entry of the notation in the register, the judgment creates a lien as
described in ORS 18.150, and a judgment creditor may create a lien for the
judgment in other counties in the manner provided by ORS 18.152.
SECTION 12. ORS 52.635, as amended by section 81, chapter
737, Oregon Laws 2003, is amended to read:
52.635. (1) After a
judgment that includes a money award is docketed in a justice court, a
certified copy of the judgment or a lien record abstract for the judgment may
be recorded in the County Clerk Lien Record for the county that contains the
justice court that rendered the judgment. The certified copy or lien record
abstract may be recorded by the judgment creditor or by the agent of the
judgment creditor at any time after the judgment is rendered and before the
judgment expires under ORS 18.194 or is fully satisfied. From the time the
certified copy of the judgment or the lien record abstract is recorded in the
County Clerk Lien Record, the judgment is a lien upon the real property of the
defendant in the county.
(2) In lieu of recording
a certified copy of a judgment or a lien record abstract for a judgment under
subsection (1) of this section, a judgment that includes a money award rendered
by a justice court in a civil action may be transcribed to the circuit court
for the county that contains the justice court that rendered the judgment. The
judgment may be transcribed by the filing of a certified transcript of the
judgment with the clerk of the circuit court. The transcript must contain a
copy of all the docket entries made in the case and the judgment as rendered by
the justice court, certified to be a true and correct transcript from the
original entries by the justice court. Upon filing of the certified transcript,
the clerk shall enter the transcribed judgment in the register of the circuit
court and in the [separate]
judgment lien record [maintained
under ORS 18.075]. The clerk shall note in the register that the
transcribed judgment creates a judgment lien. A judgment in a criminal action
may not be transcribed to circuit court under the provisions of this
subsection.
(3) A certified copy of
a judgment docketed in a justice court, or a lien record abstract for the
judgment, may be recorded in any County Clerk Lien Record. The judgment or lien
record abstract may be recorded in a county other than the county that contains
the justice court that rendered the judgment without transcribing the justice
court judgment to the circuit court for the county that contains the justice
court that rendered the judgment, or recording a certified copy of the judgment
or a lien record abstract for the judgment in the County Clerk Lien Record for
the county that contains the justice court. If the judgment has been
transcribed to circuit court, or a certified copy of the judgment or a lien
record abstract for the judgment has been recorded in any County Clerk Lien
Record, a lien record abstract for the judgment in the form provided by ORS
18.170 may be recorded in the County Clerk Lien Record for any other county.
From the time the certified copy of the judgment or lien record abstract for
the judgment is recorded in the County Clerk Lien Record of another county, the
judgment is a lien upon the real property of the defendant in that county.
(4) A certified copy of
a certificate of extension filed under ORS 18.194, or a lien record abstract
for the certificate of extension, may be transcribed to circuit court or
recorded in a County Clerk Lien Record in the same manner as provided for
judgments under this section and with like effect.
(5) The transcribing of
a justice court judgment to circuit court under this section, or the recording
of a certified copy of a justice court judgment or a lien record abstract under
this section, does not extend the lien of the judgment
more than 10 years from the original entry of the judgment in the justice
court.
(6) The fee for filing a
transcript with the clerk of the circuit court under subsection (2) of this
section shall be as provided in ORS 21.325 (2). The fee for recording a
certified copy of a justice court judgment or a lien record abstract under this
section shall be as provided in ORS 205.320.
(7) A justice court and
circuit court may enter into an agreement to allow for electronic transcription
of justice court judgments under this section. A justice court and county clerk
may enter into an agreement to allow for electronic recording of judgments and
lien record abstracts under this section.
SECTION 13. ORS 87.450 is amended to read:
87.450. (1) When an
attorney claims a lien under ORS 87.445, if the judgment is for a sum of money
only, the attorney must file a notice of claim of lien with the clerk of the
court that entered the judgment within three years after the judgment is
entered. The clerk shall enter the notice in the register of the court and in
the [separate] judgment lien
record maintained by the court administrator under ORS 18.075.
(2) When an attorney
files a notice of claim of lien under subsection (1) of this section, the
attorney shall send forthwith a copy of the notice to the client by registered
or certified mail sent to the client at the last-known address of the client.
(3) A lien under ORS
87.445 on a judgment for a sum of money only remains a lien on the judgment
until the judgment remedies for the judgment expire under ORS 18.180 to 18.192.
(4) For purposes of this
section, a “judgment for a sum of money only” does not include a judgment or
order for the payment of money for the support of any person under ORS 107.095,
107.105, 108.120, 109.155, 419B.400 or 419C.590.
SECTION 14. ORS 416.440 is amended to read:
416.440. (1) The
documents required to be filed for purposes of subsection (2) of this section
include all the following:
(a) A true copy of any
order entered, filed or registered by the administrator or administrative law
judge pursuant to ORS 416.400 to 416.465 or ORS chapter 110.
(b) A true copy of the
return of service, if applicable.
(c) A separate statement
containing the information required to be contained in a judgment under ORS
18.042 (2).
(2) The documents
described under subsection (1) of this section shall be filed in the office of
the clerk of the circuit court in the county in which either the parent or the
dependent child resides or in the county where the court order was entered if
the administrative order is an order modifying a court order. Upon receipt of
the documents, the clerk shall enter the order in the register of the circuit
court, shall note in the register that the order creates a lien and shall make
the notations required by ORS 18.075 in the [separate] judgment lien record maintained under ORS 18.075 [(3)].
(3) Upon entry in the
register under subsection (2) of this section, the order shall have all the
force, effect and attributes of a judgment of the circuit court, including but
not limited to:
(a) Creation of a
judgment lien under ORS chapter 18; and
(b) Ability to be
enforced by contempt proceedings and pursuant to ORS 18.252 to 18.993.
(4) Notwithstanding
subsection (3) of this section, an administrative order modifying a court order
shall not become effective until reviewed and approved by the court under ORS
416.425 (10).
(5) Notwithstanding
subsections (2) and (3) of this section, the entry in the register of an order
of the administrator or administrative law judge does not preclude any
subsequent proceeding or remedy available under ORS 416.400 to 416.465.
(6) A court or
administrative order of another state may be filed, or if appropriate,
registered, pursuant to this section for the purposes of ORS chapter 110.
Notwithstanding any other provision of this chapter, an order of another state
registered pursuant to ORS 110.405, 110.408 and 110.411 may not be modified
unless the requirements of ORS 110.432 are met.
MOTION FOR SUMMARY JUDGMENT
SECTION 15. ORCP 47 C is amended to read:
C
Motion and proceedings thereon. The motion and all supporting
documents shall be served and filed at least 60 days before the date set for
trial. The adverse party shall have 20 days in which to serve and file opposing
affidavits or declarations and supporting documents. The moving party shall
have five days to reply. The court shall have discretion to modify these stated
times. The court shall [enter judgment
for the moving party] grant the motion if the pleadings,
depositions, affidavits, declarations and admissions on file show that there is
no genuine issue as to any material fact and that the moving party is entitled
to [a judgment] prevail as a
matter of law. No genuine issue as to a material fact exists if,
based upon the record before the court viewed in a manner most favorable to the
adverse party, no objectively reasonable juror could return a verdict for the
adverse party on the matter that is the subject of the motion for summary
judgment. The adverse party has the burden of producing evidence on any issue
raised in the motion as to which the adverse party would have the burden of
persuasion at trial. The adverse party may satisfy the burden of producing
evidence with an affidavit or a declaration under section E of this rule. A
summary judgment, interlocutory in character, may be rendered on the issue of
liability alone although there is a genuine issue as to the amount of damages.
SECTION 16. ORCP 47 D is amended to read:
D Form of affidavits
and declarations; defense required. Except as provided by section E of
this rule, supporting and opposing affidavits and declarations shall be made on
personal knowledge, shall set forth such facts as would be admissible in
evidence, and shall show affirmatively that the affiant or declarant is
competent to testify to the matters stated therein. Sworn or certified copies
of all papers or parts thereof referred to in an affidavit or a declaration shall
be attached thereto or served therewith. The court may permit affidavits or
declarations to be supplemented or opposed by depositions or further affidavits
or declarations. When a motion for summary judgment is made and supported as
provided in this rule an adverse party may not rest upon the mere allegations
or denials of that party’s pleading, but the adverse party’s response, by
affidavits, declarations or as otherwise provided in this section, must set
forth specific facts showing that there is a genuine issue as to any material
fact for trial. If the adverse party does not so respond, [summary judgment, if appropriate, shall be entered against such party]
the court shall grant the motion if appropriate.
SECTION 17. ORCP 47 F is amended to read:
F When affidavits or
declarations are unavailable. Should it appear from the affidavits or
declarations of a party opposing the motion that such party cannot, for reasons
stated, present by affidavit or declaration facts essential to justify the
opposition of that party, the court may [refuse
the application for judgment,] deny the motion or may order a
continuance to permit affidavits or declarations to be obtained or depositions
to be taken or discovery to be had, or may make such other order as is just.
MISCELLANEOUS
SECTION 18. The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become part of the
statutory law of this state or express any legislative intent in the enactment
of this 2007 Act.
Approved by the Governor June 11, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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