(1) The clerks of the circuit courts shall collect a dispute resolution surcharge at the time a civil action, suit or proceeding is filed, including appeals. The surcharge shall be collected from a plaintiff or petitioner at the time the proceeding is filed. The surcharge shall be collected from a defendant or respondent upon making appearance. The amount of the surcharge shall be:
(a) $9, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (1), 21.310 or any other filing fee not specifically provided for in this section.
(b) $7, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (2) or 105.130, or if the action is filed in the small claims department of circuit court and the amount or value claimed exceeds $1,500.
(c) $5, if the action, suit or proceeding is subject to the filing fees established by ORS 21.111.
(d) $3 if the action is filed in the small claims department of circuit court and the amount or value claimed does not exceed $1,500.
(2) All surcharges collected under this section shall be deposited by the State Court Administrator into the State Treasury to the credit of the General Fund. [1989 c.718 §15; 1991 c.538 §4; 1991 c.790 §4; 1995 c.664 §77; 1995 c.666 §12; 1997 c.801 §§38,39; 2003 c.791 §18a; 2005 c.817 §4f]
Note: The amendments to 36.170 by section 26, chapter 860, Oregon Laws 2007, apply to filings made in circuit courts on or after July 1, 2009. See section 27, chapter 860, Oregon Laws 2007. The text that applies on and after July 1, 2009, is set forth for the user’s convenience.
36.170. (1) The clerks of the circuit courts shall collect a dispute resolution surcharge at the time a civil action, suit or proceeding is filed, including appeals. The surcharge shall be collected from a plaintiff or petitioner at the time the proceeding is filed. The surcharge shall be collected from a defendant or respondent upon making appearance. The amount of the surcharge shall be:
(a) $6, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (1), 21.310 or any other filing fee not specifically provided for in this section.
(b) $5, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (2) or 105.130, or if the action is filed in the small claims department of circuit court and the amount or value claimed exceeds $1,500.
(c) $3, if the action, suit or proceeding is subject to the filing fees established by ORS 21.111.
(d) $2, if the action is filed in the small claims department of circuit court and the amount or value claimed does not exceed $1,500.
(2) All surcharges collected under this section shall be deposited by the State Court Administrator into the State Treasury to the credit of the General Fund.
(Program Standards)
Section: Previous 36.135 36.140 36.145 36.150 36.155 36.160 36.165 36.170 36.175 36.179 36.180 36.185 36.190 36.195 36.200 NextLast modified: August 7, 2008