(1) In any civil action, suit or proceeding in the circuit court, other than a protective proceeding under ORS chapter 125 or a probate, adoption or change of name proceeding, hearing fees for reported hearings shall be collected as provided in this section. There is no hearing fee under this section for a hearing not reported.
(2) As used in this section:
(a) “Hearing” means an actual appearance of one or more parties before the court for an examination by the court without a jury, other than a trial or during a trial for which a trial fee is required, of issues of fact or law arising from a motion, application, petition or other document filed with the court by a moving party, but does not include a conference solely for the purpose of case settlement or case scheduling.
(b) “Moving party” means a party who files with the court a motion, application, petition or other document referred to in paragraph (a) of this subsection.
(c) “Nonmoving party” means a party other than a moving party.
(3) The clerk of the circuit court shall collect the hearing fees. The fee for a reported hearing is $33 if the hearing period is not more than three hours or $77 if the hearing period is more than three hours. The fee does not include the preparation of transcripts of a report.
(4) If a hearing in respect to the document filed by the moving party is required by statute or rule, the document shall indicate whether the moving party requests that the hearing be reported, and if reporting is requested, shall contain an estimate of the hearing period. If the moving party requests reporting, the moving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the document is filed. If the moving party does not request reporting and a nonmoving party files a request for reporting with the court, the request shall contain an estimate of the hearing period, and the nonmoving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed.
(5) If a hearing in respect to the document filed by the moving party is not required by statute or rule, the document shall indicate whether the moving party requests a hearing. The document also shall indicate whether the moving party requests that the hearing be reported, and if reporting is requested, shall contain an estimate of the hearing period. If the moving party requests reporting, the moving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the document is filed. If the moving party does not request reporting and a nonmoving party files a request for reporting with the court, the request shall contain an estimate of the hearing period, and the nonmoving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed.
(6) If a hearing in respect to the document filed by the moving party is not required by statute or rule or requested by the moving party and a nonmoving party files a request for hearing with the court, the request also shall indicate whether the nonmoving party requests that the hearing be reported, and if reporting is requested, shall contain an estimate of the hearing period. If the nonmoving party requests reporting the nonmoving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed. If the nonmoving party does not request reporting and the moving party files a request for reporting with the court, the request shall contain an estimate of the hearing period, and the moving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed.
(7) If a hearing in respect to the document filed by the moving party is not required by statute or rule or requested by a party, but the court on its own motion orders a hearing and a party files a request that the hearing be reported with the court, the request shall contain an estimate of the hearing period, and the party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed. If the court on its own motion orders a hearing, no party requests reporting and the court on its own motion orders that the hearing be reported, the court order shall contain an estimate of the hearing period, and each party shall pay an equal proportionate share of the applicable hearing fee, based upon the estimate of the hearing period, before the hearing is held.
(8) No document containing a request for reporting or other request for reporting referred to in subsections (4) to (7) of this section shall be deemed filed unless the fee required by those subsections of the filing party is paid by the party.
(9) The fees provided for in this section that are paid by a party shall be considered costs and disbursements and may be taxed and collected as other costs and disbursements by the prevailing party. [1985 c.496 §4; 1995 c.664 §71; 1997 c.801 §52; 2003 c.737 §§23,24; 2005 c.702 §§25,26,27; 2007 c.129 §15]
Note: Section 15 (7), chapter 860, Oregon Laws 2007, provides:
Sec. 15. (7) In addition to the hearing fee provided for in ORS 21.275 (3), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the circuit court shall collect a surcharge on the hearing fee of $2 if the hearing period is not more than three hours or $4 if the hearing period is more than three hours. [2007 c.860 §15(7)]
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