Chapter 021

 

      21.010

 

NOTES OF DECISIONS

 

      When applied to indigent litigants, there was no violation of due process under Oregon Constitution to require payment of filing fees in order to secure judicial review of Welfare Division’s orders. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff’d410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

 

      Legislative requirement of filing fee as prerequisite to processing appeal from administrative ruling is not such a restriction upon performance of judicial function that it must be ignored by courts. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff’d 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

 

      Denial of review by Court of Appeals for failure to pay $25 filing fee was not violation of petitioners’ rights under United States Constitution. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff’d 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

 

      Filing fee for judicial review does not violate Oregon constitutional requirement that justice be administered “without purchase.” Allen v. Employment Dept., 184 Or App 681, 57 P3d 903 (2002)

 

      21.110

 

NOTE: Repealed as of October 1, 2011

 

NOTES OF DECISIONS

 

      Where notice of appeal was mailed prior to filing deadline, but workers’ compensation claimant failed to include filing fee, notice of appeal was not timely filed. Moyer v. SAIF, 36 Or App 157, 583 P2d 598 (1978)

 

      21.112

 

NOTE: Repealed as of October 1, 2011

 

ATTY. GEN. OPINIONS: Duty to pay fee where mediation or conciliation services not utilized, (1971) Vol 35, p 808

 

      21.300

 

(formerly 21.410)

ATTY. GEN. OPINIONS: Sheriff’s fee in a forcible entry and detainer proceeding, (1974) Vol 36, p 932

 

      21.310

 

NOTE: Repealed as of October 1, 2011

 

ATTY. GEN. OPINIONS: Minimum probate filing fees for “small estates,” (1974) Vol 37, p 212; Payment of law library fee with fee required for filing will without petition for probate, (1983) Vol 44, p 18

 

      21.345

 

(formerly 21.470)

 

NOTES OF DECISIONS

 

      Provision specifying that party requesting transcript must pay for ranscript refers to transcripts on appeal. Klutschkowski v. PeaceHealth, 245 Or App 524, 263 P3d 1130 (2011), aff’d 354 Or 150, 311 P3d 461 (2013)

 

LAW REVIEW CITATIONS: 51 OLR 652, 654 (1972)

 

      21.350

 

NOTE: Repealed as of October 1, 2011

 

NOTES OF DECISIONS

 

      The Board of Commissioners has a legitimate interest in limiting the hours during which the public may use the county courthouse to 8:00 am to 5:00 pm weekdays. Wright v. Lane County Commr., 459 F2d 1021 (1972)

 

ATTY. GEN. OPINIONS: “Filing fee provided by law” constituting base figure for determining law library fee, (1981) Vol. 42, p 179; Payment of law library fee with fee required for filing will without petition for probate, (1983) Vol 44, p 18

 

      21.410

      See annotations under ORS 21.300.

 

      21.470

      See annotations under ORS 21.345.