Multnomah County Circuit Court Filing Fees and Waivers

CRITICAL

Applies to

Conventional filing

A document may be returned or rejected and not filed if it is not accompanied by the fee or an order waiving or deferring the fees.

A document may be returned (or rejected in file and serve) and not filed if the fee or an order waiving or deferring the fees does not accompany the document. SLR 2.015(1)(b).

CRITICAL

A third-party defendant appearing in a circuit-court civil action must pay the filing fee if the defendant has not already appeared.

When a third-party defendant files an appearance in a civil action or proceeding in circuit court, and defendant has not already appeared in the action or proceeding, the defendant must pay the filing fee.

CRITICAL

A party unable to pay case fees may apply for a fee deferral or waiver.

If a party to a case is unable to pay the case fees, that party may apply for a fee deferral or waiver.

CRITICAL

Applies to

Writ of review

A petitioner is assigned a case number after paying the filing fee.

The petitioner will then be assigned a case number after paying the filing fee.

CRITICAL

Applies to

Funds paid into court

Checks paying funds into court must be payable to the State of Oregon with the applicable case number written on the check.

If payment is made by check, the check must be payable to the State of Oregon and the case number to which the funds apply must be written on the check.

CRITICAL

Applies to

Fee deferral or waiver application

Parties unable to pay case fees may apply for a deferral or waiver, and after final disposition they must appear at ex parte for a final waiver or the outstanding fees may be entered as a judgment against them.

If a party to a case is unable to pay the case fees, that party may apply for a fee deferral or waiver. The application forms are available in on the second floor of the Multnomah County Courthouse. If this application is granted, throughout the duration of the case, any applicable fees will be deferred. After a final disposition in the case, the party must appear at ex parte for a final waiver of fees. Failure to do so may result in any outstanding fees being entered as a judgment against the non-paying party.

CRITICAL

Applies to

Trial fee reimbursement

Trial fees may be reimbursed when all claims are decided without trial, but a motion supported by an affidavit must be presented in person at ex parte within 15 days after judgment.

Trial fees may be reimbursed if all claims in the action or proceeding are decided without the commencement of a trial. The court’s authority to reimburse trial fees is provided by ORS 21.225. A refund requires a motion, supported by an affidavit, requesting an order allowing the reimbursement. This should be presented in person at ex parte. The motion must be filed not more than fifteen (15) days after entry of judgment disposing of the action or proceeding.

CRITICAL

Fee

$111

Applies to

Uncontested motion for relief from judgment

Most ex parte motions carry no specific fee, but an uncontested motion for relief from judgment under ORCP 71 requires a $111 fee.

Currently, there is no specific fee for most ex parte motions. However, certain motions heard during ex parte are subject to a fee, such as an uncontested motion for relief from judgment under ORCP 71, which is subject to a $111 fee under ORS 21.200(1)(d).

CRITICAL

A document may be returned or rejected and not filed unless accompanied by the fee or an order waiving or deferring it.

A document may be returned (or rejected in file and serve) and not filed if the fee or an order waiving or deferring the fees does not accompany the document. SLR 2.015(1)(b).

CRITICAL

Applies to

Initial filing

Most initial filings require payment of a filing fee before a case number is assigned.

Most initial filings in cases require payment of a filing fee. These fees must be paid before a case number is assigned.

CRITICAL

Fee

$139

Applies to

Trial or hearing

Trial and hearing fees must be paid before the trial or hearing begins; bench trial fees are currently $139 per day or partial day (jury trial fee amount is cut off in the source text).

Trial fees and hearing fees must be paid prior to the beginning of the trial or hearing. SLR 6.025. Currently, trial fees are $139 a day or partial day for a bench trial; $167 a day or partial day for a

CRITICAL

Applies to

Motion

Hearing fees must be paid at the time the motion is filed (ORS 21.200).

Hearing fees must be paid at the time the motion is filed. ORS 21.200.

CRITICAL

Applies to

Motion

Any hearing fee must be paid when the motion is filed.

Hearing fees must be paid at the time the motion is filed. ORS 21.200.

CRITICAL

Applies to

Writ of execution

A judgment creditor seeking a writ of execution must file the writ and pay the appropriate issuance fee.

To obtain the writ, a judgment creditor must file a writ of execution along with the appropriate issuance fee.

CRITICAL

Applies to

Trial or hearing

Trial and hearing fees must be paid before the trial or hearing begins.

Trial fees and hearing fees must be paid prior to the beginning of the trial or hearing. SLR 6.025.

CRITICAL

Applies to

Deferred fees

Deferred fees become due 30 days after judgment or final disposition unless otherwise ordered, and a party whose finances have not changed may apply to the presiding judge to convert the deferral into a waiver.

Unless otherwise ordered by the court, deferred fees become due thirty (30) days after judgment or final disposition of the case, including dismissal. If the financial situation of the party granted a deferral has not changed, the party may apply to the presiding judge for that deferral to be converted into a waiver.

CRITICAL

Applies to

Initial filing

Filing fees for most initial filings must be paid before a case number is assigned, but parties who cannot afford them should apply for a fee deferral/waiver.

Most initial filings in cases require payment of a filing fee. These fees must be paid before a case number is assigned. If a party cannot pay due to financial limitations, the party should apply for a fee deferral/waiver. See Section C, below.

CRITICAL

Applies to

Appearance

A third-party defendant filing a first appearance in a circuit court civil action must pay the filing fee (ORS 21.165).

When a third-party defendant files an appearance in a civil action or proceeding in circuit court, and defendant has not already appeared in the action or proceeding, the defendant must pay the filing fee. This fee requirement is in ORS 21.165.

CRITICAL

Applies to

Writ of execution

A writ of execution requires filing the writ with the appropriate issuance fee.

To obtain the writ, a judgment creditor must file a writ of execution along with the appropriate issuance fee.

CRITICAL

Applies to

Third party complaint

A third-party plaintiff who files a complaint adding a new individual or entity to the case must pay a filing fee.

A filing fee is required from a third-party plaintiff who files a complaint which adds an additional individual or entity into the case.

CRITICAL

A third-party plaintiff must pay a filing fee when filing a complaint that adds another individual or entity to the case.

A filing fee is required from a third-party plaintiff who files a complaint which adds an additional individual or entity into the case.

WARNING

A fee deferral or waiver applies only to the specific case, so the party must reapply for each new case.

A Fee Deferral/Waiver is case specific, and the party seeking deferral must reapply for each new case.

WARNING

Unless the court orders otherwise, deferred fees are due 30 days after judgment or final disposition, including dismissal.

Unless otherwise ordered by the court, deferred fees become due thirty (30) days after judgment or final disposition of the case, including dismissal.

WARNING

A party may receive a Fee Deferral/Waiver in no more than five active cases.

There is a limit of five active cases in which a party can receive a Fee Deferral/Waiver.

WARNING

If deferred fees remain unpaid about 45 days after they are due, the court will send a letter requiring payment within 10 days.

Approximately forty-five (45) days after the fees are due, if the deferred amount has not been paid, the court will send a letter to the party indicating that the fees must be paid within ten (10) days.

WARNING

Applies to

Judicial settlement conference

Fees for judicial settlement conferences range from $111 to $223.

Fees for judicial settlement conferences range from $111 to $223. ORS 21.215(1) and (3).

WARNING

Each separate case filed conventionally requires its own check or credit-card transaction.

If multiple separate cases are filed using conventional filing, a separate check or credit card transaction is required for each case.

WARNING

Applies to

Deferred fees

Unpaid deferred fees trigger a demand letter requiring payment within 10 days about 45 days after the fees are due, after which the account is sent to the Department of Revenue or a private collection agency.

Approximately forty-five (45) days after the fees are due, if the deferred amount has not been paid, the court will send a letter to the party indicating that the fees must be paid within ten (10) days. If the fees are not paid as required, the court will turn the account over to the Department of Revenue or a private collection agency for collection; all further contact regarding the payment of the deferred fees should be made with the Department of Revenue or collection agency and not the court.

WARNING

Applies to

Notice of appearance

A copy or separate document filed in each other consolidated case must be accompanied by any required filing fee.

A copy or separate document, together with any required filing fee, must be filed in each other case under an order of consolidation.

WARNING

Applies to

Conventional filing

When filing multiple separate cases conventionally, a separate check or credit card transaction is required for each case.

If multiple separate cases are filed using conventional filing, a separate check or credit card transaction is required for each case.

WARNING

Applies to

Certified copy of writ

Certified copy fees for writs must be paid to the Cashier outside the eFiling envelope, with a comment in the envelope noting this.

You must contact the Cashier to pay fees for a certified copy of your writ if you need one, as these fees cannot be paid in an eFiling envelope. Please make a comment in your eFiling envelope that you have done this.

WARNING

Applies to

Appearance

Any filing fee required for an appearance filed in another consolidated case must accompany the copy or separate document filed there.

If an appearance is made in only one of the cases under an order of consolidation, that appearance will not automatically be entered in any other consolidated case. A copy or separate document, together with any required filing fee, must be filed in each other case under an order of consolidation.

WARNING

Applies to

Trial fee reimbursement motion

Trial fees may be reimbursed if the case is resolved without trial, via a motion supported by an affidavit presented in person at ex parte, with reimbursements made by mail (at least three weeks after payment if paid by check).

Trial fees may be reimbursed if all claims in the action or proceeding are decided without the commencement of a trial. The court's authority to reimburse trial fees is provided by ORS 21.225. A refund requires a motion, supported by an affidavit, requesting an order allowing the reimbursement. This should be presented in person at ex parte. All reimbursements are made by mail, and, if the underlying payment was made by check, no reimbursement will be mailed until at least three weeks have passed since the date of receipt of the payment.

WARNING

Filing fees ordinarily are not refundable.

Ordinarily, “[f]iling fees are not refundable under any circumstances. . . .” ORS 21.100.

WARNING

A party unable to pay because of financial limitations should apply for a fee deferral or waiver.

If a party cannot pay due to financial limitations, the party should apply for a fee deferral/waiver.

WARNING

Applies to

Deferred fees

Deferred fees are payable by the person for whom they were deferred and will be added to the judgment or a supplemental judgment with collection fees automatically added.

Unless the judgment specifies otherwise, the fees are payable by the person for whom the fees were deferred. The court will, without further notice, make the deferred amount a part of the judgment or enter a supplemental judgment for the fee amounts owing, and collection fees will be added automatically as required by ORS 1.202. See ORS 21.692 regarding judgments for deferred fees.

WARNING

Applies to

Petition for writ of review

A writ of review petitioner is assigned a case number after paying the filing fee.

The petitioner will then be assigned a case number after paying the filing fee.

WARNING

Registering a foreign subpoena currently has no cost, but the court may assess filing or motion fees if the discovery becomes contentious and motions are filed.

Currently, there is no cost for this service. However, if the discovery becomes contentious and motions are filed, then the court may assess a filing fee or motion fees.

WARNING

Filing fees are never refundable under ORS 21.100.

Filing fees are not refundable under any circumstances. ORS 21.100.

WARNING

Applies to

Fee waiver or deferral application

The completed application for a fee waiver or deferral in a circuit court civil case should be presented by the requesting party to the clerk on the second floor of the Multnomah County Courthouse.

The completed application for a fee waiver or deferral in a circuit court civil case should be presented by the requesting party to the clerk on the second floor of the Multnomah County Courthouse.

WARNING

Applies to

Efiling fee payment

Parties with a granted fee deferral/waiver using File & Serve must select the 'Waiver' payment account, which the clerk verifies against the case, and the waiver is case-specific requiring reapplication for each new case.

If a fee deferral/waiver is granted, and the party is using File & Serve, then a payment account type of "Waiver" is available in File & Serve to select when the party is given the option to pay for a filing. The File & Serve clerk will verify the existence of a Fee Deferral/Waiver in the case when reviewing submissions with a selection of "Waiver" as the fee option. A Fee Deferral/Waiver is case specific, and the party seeking deferral must reapply for each new case.

WARNING

Applies to

Certified copy of writ

To obtain a certified copy of a writ, contact the Cashier to pay the fee because it cannot be paid through an eFiling envelope.

You must contact the Cashier to pay fees for a certified copy of your writ if you need one, as these fees cannot be paid in an eFiling envelope.

WARNING

Filing fees are nonrefundable under all circumstances.

Filing fees are not refundable under any circumstances. ORS 21.100.

INFO

Fees processed through File & Serve are authorized using the credit card on file or eCheck.

Fees processed under File & Serve will be authorized by the credit card on file or eCheck.

INFO

In a File & Serve envelope containing multiple fee-bearing documents, each fee is charged separately when its document is accepted.

In File & Serve, there may be more than one document with a filing fee payment required in the same envelope. Each filing fee will be assessed against the credit card separately when the document is accepted for filing.

INFO

The court accepts cash, money orders, Visa, or MasterCard for payment of filing fees.

For those able to pay, the court accepts cash, money orders, VISA, or Master Card.

INFO

Applies to

Initial filing

The court accepts cash, money orders, VISA, or Master Card, with any checks made payable to 'State of Oregon.'

For those able to pay, the court accepts cash, money orders, VISA, or Master Card. Checks should be made to "State of Oregon."

INFO

Applies to

Efiled document

In File & Serve, each document with a required filing fee in the same envelope is assessed separately against the credit card upon acceptance, with individual transactions shown on the reconciliation report.

In File & Serve, there may be more than one document with a filing fee payment required in the same envelope. Each filing fee will be assessed against the credit card separately when the document is accepted for filing. The reconciliation report for the lawyer or firm will reflect these individual transactions.

INFO

Filing fees are ordinarily not refundable under any circumstances.

Ordinarily, "[f]iling fees are not refundable under any circumstances. . . ." ORS 21.100.

INFO

Applies to

Efiled document

Filing fees for File & Serve eFilings are authorized via the credit card on file or eCheck.

Fees processed under File & Serve will be authorized by the credit card on file or eCheck.

INFO

A party with an approved fee deferral or waiver may select the “Waiver” payment account type in File & Serve when paying for a filing.

If a fee deferral/waiver is granted, and the party is using File & Serve, then a payment account type of “Waiver” is available in File & Serve to select when the party is given the option to pay for a filing.

INFO

Reimbursements are sent by mail; if the original payment was by check, reimbursement is not mailed until at least three weeks after the payment was received.

All reimbursements are made by mail, and, if the underlying payment was made by check, no reimbursement will be mailed until at least three weeks have passed since the date of receipt of the payment.

INFO

Applies to

Fee deferral waiver request

Deferral/Waiver of Court fees

Deferral/Waiver of Court fees

INFO

Applies to

Complaint and small claims forms

Forms for Complaints and Summons in Forcible Entry and Detainer (Landlord/Tenant) cases and claims in small claims cases are available for a fee at the counter on the second floor of the Multnomah County Courthouse.

Forms for Complaints and Summons in Forcible Entry and Detainer (Landlord/Tenant) cases and claims in small claims cases are available for a fee at the counter on the second floor of the Multnomah County Courthouse.