ORS Chapter 5
Chapter 5 — CountyCourts (Judicial Functions)
2009 EDITION
COUNTYCOURTS (JUDICIAL FUNCTIONS)
COURTSOF RECORD; COURT OFFICERS; JURIES
5.010 Whoholds court
5.020 Juvenilecourt jurisdiction in certain counties
5.030 Powerof county judge to grant injunctions and orders in suits in circuit court
5.060 Timesof holding court
5.080 Countyjudge as interested party
5.090 Absenceof county judge, or vacancy; authority of circuit judge; pro tem county judge
5.100 Orderof docketing and disposal of business; records of proceedings
5.105 Recordsof county court
5.110 Jury
5.120 Appeals
5.125 Countycourt fees
5.010Who holds court.The county court is held by the county judge, except when county business isbeing transacted therein.
5.020Juvenile court jurisdiction in certain counties. The countycourt of counties from which no transfer of jurisdiction is made under ORS3.260 or 3.265 or other provisions of law shall have all juvenile courtjurisdiction, authority, powers, functions and duties. [Amended by 1959 c.432 §61;1963 c.512 §3; 1965 c.247 §2; 1965 c.618 §10; 1967 c.268 §2; 1967 c.533 §12;1967 c.534 §3b]
5.030Power of county judge to grant injunctions and orders in suits in circuitcourt.The judge of any county court having judicial functions shall grant preliminaryinjunctions or orders in any suit in the circuit court commenced in the county,upon application made in the manner prescribed by ORCP 79. The order orinjunction shall be made returnable to the circuit court of such county, to bethere heard and determined. [Amended by 1981 c.898 §15]
5.040 [Amended by1961 c.344 §95; repealed by 1969 c.591 §305]
5.050 [Repealed by1969 c.591 §305]
5.060Times of holding court. There shall be a term of the county court in eachcounty for the transaction of judicial business on the first Monday of eachmonth, and at such other times as the court in term or the judge in vacationmay appoint, in like manner and with like effect as the circuit court or judgeis authorized by ORS 3.238. The court shall be open at 10 a.m.
5.070 [Repealed by1969 c.591 §305]
5.080County judge as interested party. Except as otherwise provided in ORS111.115, any judicial proceedings commenced in the county court in which thecounty judge is a party or directly interested, may be certified to the circuitcourt for the county in which the proceedings are pending, and the matter shallbe proceeded with in the circuit court as upon appeal from the county court tothe circuit court. [Amended by 1969 c.591 §265]
5.090Absence of county judge, or vacancy; authority of circuit judge; pro tem countyjudge.(1) When the county judge is incapacitated, or absent from the county, orwhenever there is a vacancy in the office of county judge, any circuit judgefor or assigned to the county may perform the judicial functions of the countyjudge, hear proceedings, and enter any judgment or order necessary to carryinto effect the judicial jurisdiction of the county court in all matters withthe same force and effect as if done by the county judge when present in thecounty.
(2)A county judge that exercises judicial functions may exercise judicial powersand functions in another county court as a pro tem county judge:
(a)In the event of a vacancy in the office of county judge in another county,until the vacancy is filled as provided by law; or
(b)In the event of the absence, incapacity or disqualification of a county judgein another county, during the period of the absence, incapacity ordisqualification. [Amended by 1997 c.650 §1; 2003 c.576 §272]
5.100Order of docketing and disposal of business; records of proceedings. (1) Thebusiness of the county court at each term shall be docketed and disposed of inthe following order:
(a)Judicial business.
(b)County business.
(2)The proceedings and records of the court pertaining to the respectiveclassifications of business specified in this section shall be kept in separatebooks. [Amended by 1969 c.591 §266]
5.105Records of county court. The records of the county courts include a registerand a judgment docket. [2003 c.576 §174a]
5.110Jury.A county court trial jury shall consist of six persons drawn by lot from thejurors in attendance upon the court at a particular term and sworn to try anddetermine a question of fact.
5.120Appeals.(1) A party to a judicial proceeding in a county court may appeal from ajudgment or other final determinative order given therein. The appeal shall betaken at the time and in the manner prescribed by law for the taking of an appealfrom a judgment or other appealable order of the justice court. The appealshall lie to the circuit court for the county in which the county court islocated and be prosecuted, heard and determined in the manner prescribed by lawfor the prosecution, hearing and determination of appeals from the justicecourt.
(2)An appeal shall lie to the Court of Appeals from the whole or a specified partof the judgment or other final determinative order of the circuit court givenupon such appeal to it, in like manner and with like effect as though it werefrom a judgment or other appealable determinative order of such circuit courtgiven in a suit in equity therein. [Amended by 1959 c.558 §50; 1977 c.290 §1;2003 c.576 §273]
5.125County court fees.In the county court there shall be charged and collected in advance by thecounty clerk as clerk of the court, for the benefit of the county, thefollowing fees, and no more, for the following purposes and services:
(1)Making transcription from the judgment docket, $4.
(2)Filing and entering transcript of judgment, $4.
(3)Filing and docketing copy of foreign judgment and affidavit filed as providedin ORS 24.115 and 24.125, $25.
(4)Issuing writs of execution or writs of garnishment, $3 for each writ.
(5)Preparing clerk’s certificate of satisfaction of judgment, $3.75.
(6)For any service not enumerated in this section, the fees provided orestablished under ORS 205.320. [Formerly 21.375; 2003 c.576 §166
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CHAPTER 6 [Reservedfor expansion]