ORS Chapter 51
TITLE 6
JUSTICE COURTS
Chapter 51. JusticeCourts; Jurisdiction
52. CivilActions
53. Appealsin Civil Actions
54. Juries
55. SmallClaims
_______________
Chapter 51 — JusticeCourts; Jurisdiction
2009 EDITION
JUSTICECOURTS; JURISDICTION
JUSTICECOURTS
ORGANIZATIONAND JURISDICTION
51.010 Justicecourt defined; no terms of court; court always open for business
51.020 Justiceof the peace districts; establishing and modifying boundaries; maximum numberof districts
51.025 Justicecourt as court of record
51.028 Justicecourt ceasing operation as court of record
51.035 Justiceof peace as municipal judge
51.037 Agreementbetween city and county for provision of judicial services
51.050 Criminaljurisdiction; transfer to circuit court
51.070 Crimestriable in justice court
51.080 Civiljurisdiction of justice court
51.090 Civiljurisdiction not to extend to certain actions
51.100 Whereaction may be commenced in civil cases
51.110 Recordsand files of a justice court
51.120 Justicecourt docket
51.130 Dispositionof docket and files; docket and files are public writings
51.140 Office,courtroom and clerical assistance; books, office equipment and supplies
JUSTICESOF THE PEACE
51.210 Eachdistrict to elect one justice
51.230 Atwhat election justice to be elected
51.240 Qualificationsfor office; principal office
51.245 Continuingeducation
51.250 Timewhen term begins; filing certificate of election, oath of office andundertaking
51.260 Fillingvacancy; temporary appointment; appointment during justice’s vacation
51.270 Formof justice’s undertaking
51.280 Qualificationsof sureties; filing justification
51.300 Temporaryservice by circuit court judge or other justice of the peace
FEESAND FINES
51.310 Scheduleof fees; payment of fees to county treasurer
51.340 Monthlyreport of fines collected
CONSTABLES
51.440 Appointmentof constables; term; removal
51.450 Qualificationsfor office
51.460 Oathand undertaking; amount of undertaking
51.470 Formof undertaking
51.480 Qualificationsof sureties
51.490 Fillingvacancies; qualifying for office
51.500 Deputies;appointment; revocation; oath of office; authority and powers; compensation
51.540 Civilfees collected in advance; payment to county treasurer
51.550 Office;clerical assistance; books, office equipment and supplies
ORGANIZATIONAND JURISDICTION
51.010Justice court defined; no terms of court; court always open for business. A justice courtis a court held by a justice of the peace within the justice of the peacedistrict for which the justice of the peace may be chosen. There are noparticular terms of such court, but the same is always open for the transactionof business, according to the mode of proceeding prescribed for it.
51.020Justice of the peace districts; establishing and modifying boundaries; maximumnumber of districts.(1) The county court or board of county commissioners of every county may setoff and establish, or modify the boundaries of, justice of the peace districtswithin the county. No more than six justice of the peace districts shall be setoff or established or permitted to remain in existence within any county.Except in the counties of Baker, Gilliam, Grant, Harney, Morrow, Sherman,Tillamook and Wheeler, a justice of the peace district may not include anyportion of the city that is the county seat for the county or any portion of acity in which a circuit court regularly holds court. In the counties of Baker,Gilliam, Grant, Harney, Morrow, Sherman, Tillamook and Wheeler, a justice ofthe peace district in existence on January 15, 1998, may include any portion ofthe city that is the county seat for the county, or any portion of a city inwhich a circuit court regularly holds court, until such time as the justicecourt ceases to provide judicial services within the county seat or city. Ifthe justice court ceases to provide judicial services within the county seat orcity, the district that includes portions of the county seat or city shallcease to exist and may not thereafter be reestablished.
(2)At the time that the county court or board of county commissioners of a countysets off and establishes the boundaries of a justice of the peace district, thecounty court or board of county commissioners may require as a qualificationfor the office that a person serving as justice of the peace in the district bea member of the Oregon State Bar. [Amended by 1965 c.568 §5; 1995 c.658 §53;1997 c.801 §105; 1999 c.449 §1]
51.025Justice court as court of record. (1) Except as provided in subsection(7) of this section, any justice court may become a court of record by:
(a)The passage of an ordinance by the governing body of the county in which thecourt is located; and
(b)The entry of an order by the Supreme Court acknowledging the filing of thedeclaration required under subsection (2) of this section.
(2)Before a justice court may become a court of record, the governing body of thecounty in which the court is located must file a declaration with the SupremeCourt that includes:
(a)A statement that the justice court satisfies the requirements of this sectionfor becoming a court of record;
(b)The address and telephone number of the clerk of the justice court; and
(c)The date on which the justice court will commence operations as a court ofrecord.
(3)The Supreme Court may not charge a fee for filing a declaration undersubsection (2) of this section. Not later than 30 days after a declaration isfiled under subsection (2) of this section, the Supreme Court shall enter an orderacknowledging the filing of the declaration and give notice of the order ofacknowledgment to the county and the public.
(4)The county shall provide a court reporter or an audio recording device for eachjustice court made a court of record under this section.
(5)The appeal from a judgment entered in a justice court that becomes a court ofrecord under this section shall be as provided in ORS chapters 19 and 138 forappeals from judgments of circuit courts.
(6)As a qualification for the office, the justice of the peace for any justicecourt that becomes a court of record must be a member of the Oregon State Bar.
(7)A justice court may not become a court of record under the provisions of thissection if the court is located within 50 driving miles of the circuit courtfor the county in which the justice court is located, measured by the shortestdistance by public roads between the justice court and the circuit court. [1999c.682 §1; 2007 c.330 §1]
Note: Section 4,chapter 682, Oregon Laws 1999, provides:
Sec.4.Sections 1 (3) and 3 (3) of this 1999 Act [51.025 (3) and 221.342 (3)] do notaffect the term of office of any justice of the peace or municipal judgeserving on the effective date of an ordinance passed for the purpose of makinga justice court or municipal court a court of record. Any justice of the peaceor municipal judge elected or appointed after the effective date of theordinance must, as a qualification for the office, be a member of the OregonState Bar. [1999 c.682 §4]
51.028Justice court ceasing operation as court of record. (1) Any justicecourt that has become a court of record under ORS 51.025 may cease to operateas a court of record only if the governing body of the county in which thecourt is located files a declaration with the Supreme Court identifying thedate on which the justice court will cease operation as a court of record. Thedate identified in the declaration may not be less than 31 days after the datethe declaration is filed.
(2)The Supreme Court may not charge a fee for filing a declaration undersubsection (1) of this section. Not later than 30 days after a declaration isfiled under subsection (1) of this section, the Supreme Court shall enter anorder acknowledging the filing of the declaration and give notice of the orderof acknowledgment to the county and the public.
(3)The appeal from a judgment entered in a justice court after the date identifiedin a declaration filed under this section shall be as provided in ORS 53.005 to53.125 and ORS chapter 157. [2007 c.330 §2]
51.030 [Amended by1963 c.614 §3; repealed by 1997 c.487 §2 and 1997 c.801 §106]
51.035Justice of peace as municipal judge. Except as provided in ORS 3.136, anycity situated wholly or in largest part within the boundaries of a justice ofthe peace district may enter into an agreement pursuant to ORS 190.010 with thecounty in which the justice of the peace district is located providing that thejustice court for the district shall have all judicial jurisdiction, authority,powers, functions and duties of the municipal court of the city and the judgesthereof with respect to all or any violations of the charter or ordinances ofthe city. [1975 c.713 §1]
51.037Agreement between city and county for provision of judicial services. Any city mayenter into an agreement pursuant to ORS 190.010 with the county in which ajustice of the peace district is located for the provision of judicialservices. A justice of the peace providing services to a city pursuant to suchan agreement shall have all judicial jurisdiction, authority, powers, functionsand duties of the municipal court of the city and the judges thereof withrespect to all and any violations of the charter or ordinances of the city.Unless the agreement provides otherwise, and subject to the provisions of ORS153.630, all fines, costs and forfeited security deposits collected shall bepaid to the prosecuting city, and the city shall reimburse the county providingjudicial services for expenses incurred under the agreement. The exercise ofjurisdiction under such an agreement by a justice of the peace shall notconstitute the holding of more than one office. [1989 c.679 §2; 1999 c.1051 §243]
51.040 [Amended by1971 c.743 §312; 1979 c.777 §43; 1987 c.907 §13; repealed by 1999 c.605 §8 and1999 c.1051 §42]
51.050Criminal jurisdiction; transfer to circuit court. (1) Except asotherwise provided in this section, in addition to the criminal jurisdiction ofjustice courts already conferred upon and exercised by them, justice courtshave jurisdiction of all offenses committed or triable in their respectivecounties. The jurisdiction conveyed by this section is concurrent with anyjurisdiction that may be exercised by a circuit court or municipal court.
(2)In any justice court that has not become a court of record under ORS 51.025, adefendant charged with a misdemeanor shall be notified immediately afterentering a plea of not guilty of the right of the defendant to have the mattertransferred to the circuit court for the county where the justice court islocated. The election shall be made within 10 days after the plea of not guiltyis entered, and the justice shall immediately transfer the case to theappropriate court.
(3)A justice court does not have jurisdiction over the trial of any felony. Exceptas provided in ORS 51.037, a justice court does not have jurisdiction overoffenses created by the charter or ordinance of any city. [Amended by 1963c.513 §3; 1969 c.180 §1; 1971 c.743 §313; 1973 c.625 §1; 1995 c.658 §55; 1999c.605 §1; 1999 c.682 §10; 1999 c.1051 §41]
51.060 [Amended by1957 c.644 §27; 1971 c.743 §314; repealed by 1999 c.605 §8 and 1999 c.1051 §42]
51.070Crimes triable in justice court. A crime is triable in a justice courtwhen, by the provisions of ORS 131.205 to 131.325, an action may be commencedtherefor in the county where such court is held. [Amended by 1973 c.836 §328]
51.080Civil jurisdiction of justice court. (1) A justice court has jurisdiction,but not exclusive, of the following actions:
(a)For the recovery of money or damages only, when the amount claimed does notexceed $7,500.
(b)For the recovery of specific personal property, when the value of the propertyclaimed and the damages for the detention do not exceed $7,500.
(c)For the recovery of any penalty or forfeiture, whether given by statute orarising out of contract, not exceeding $7,500.
(d)To give judgment without action, upon the confession of the defendant for anyof the causes specified in this section, except for a penalty or forfeitureimposed by statute.
(2)For purposes of this section, the amount claimed, value of property, damages orany amount in controversy does not include any amount claimed as costs anddisbursements or attorney fees as defined by ORCP 68 A. [Amended by 1973 c.625 §2;1979 c.447 §1; 1983 c.149 §2; 1989 c.839 §34; 1993 c.735 §10; 1997 c.801 §107;1999 c.84 §4; 2007 c.71 §13; 2007 c.125 §4]
51.090Civil jurisdiction not to extend to certain actions. Thejurisdiction conferred by ORS 51.080 does not extend to:
(1)An action in which the title to real property shall come in question.
(2)An action for false imprisonment, libel, slander or malicious prosecution. [Amendedby 1983 c.673 §9; 2003 c.14 §22]
51.100Where action may be commenced in civil cases. (1) Except as provided in thissection, a civil action subject to the jurisdiction of a justice court must becommenced in the county where one of the parties resides.
(2)If a defendant in a civil action subject to the jurisdiction of a justice courtdoes not reside in this state, the action may be commenced in any justicedistrict of this state.
(3)If all parties reside in the same justice district, a civil action may bebrought only in the justice court for that justice district.
(4)Motions for change of venue in justice courts are subject to the same lawsgoverning change of venue in circuit court. [Amended by 1999 c.605 §2]
51.110Records and files of a justice court. The records and files of a justicecourt are the docket and all papers and process filed in or returned to suchcourt, concerning or belonging to any proceeding authorized to be had or takentherein, or before the justice of the peace who holds such court.
51.120Justice court docket.(1) The docket of a justice of the peace is a record in which the justice ofthe peace must enter:
(a)The title of every action or proceeding commenced in the court of the justiceof the peace or before the justice of the peace, with the names of the partiesthereto and the time of the commencement thereof.
(b)The date of making or filing any pleading.
(c)An order allowing a provisional remedy, and the date of issuing and returningthe summons or other process.
(d)The time when the parties or either of them appears, or their failure to do so.
(e)Every postponement of a trial or proceeding, and upon whose application, and towhat time.
(f)The demand for a jury, if any, and by whom made; the order for a jury, and thetime appointed for trial.
(g)The return of an order for a jury, the names of the persons impaneled and swornas a jury, and the names of all witnesses sworn, and at whose request.
(h)The verdict of the jury, and when given; and if the jury disagree and aredischarged without giving a verdict, a statement of such disagreement anddischarge.
(i)The judgment of the court, and when given.
(j)The date on which any judgment is docketed in the docket.
(k)The fact of an appeal having been made and allowed, and the date thereof, witha memorandum of the undertaking, and the justification of the sureties.
(L)Satisfaction of the judgment or any part thereof.
(m)A memorandum of all orders relating to security release.
(n)All other matters which may be material or specially required by any statute.
(2)The docket of a justice court may be maintained in electronic form. [Amended by1999 c.788 §43; 1999 c.1051 §244]
51.130Disposition of docket and files; docket and files are public writings. The docket andfiles of a justice court are to be safely and securely kept by the justice ofthe peace, and by the justice of the peace forthwith delivered to a successorin office. When any justice court is abolished, the docket and files of thatcourt shall be turned over to the clerk of the circuit court for the county inwhich the justice court was located. Such docket and files are public writings.[Amended by 1995 c.658 §56]
51.140Office, courtroom and clerical assistance; books, office equipment andsupplies.The county court or board of county commissioners of the county in which thejustice of the peace has been elected or appointed:
(1)May provide for the office of the justice of the peace the office and c