State Court Fees

ORS 21.010
Appellate court filing fees


(1)

Except as provided in this section, the appellant in an appeal or the petitioner in a judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee of $391 in the manner prescribed by ORS 19.265 (Payment of filing fee). The respondent in such case and any other person appearing in the appeal, upon entering first appearance or filing first brief in the court, shall pay to the State Court Administrator a filing fee of $391. The party entitled to costs and disbursements on such appeal shall recover from the opponent the amount so paid.

(2)

Filing and appearance fees may not be assessed in appeals from habeas corpus proceedings under ORS 34.710 (Appeal), post-conviction relief proceedings under ORS 138.650 (Appeal), juvenile court under ORS 419A.200 (Who may appeal), the involuntary commitment of persons determined to be persons with mental illness under ORS 426.135 (Counsel on appeal) or persons determined to have an intellectual disability under ORS 427.295 (Appeal of commitment order) or orders of the State Board of Parole and Post-Prison Supervision or on judicial review of orders entered under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) by the Psychiatric Security Review Board.

(3)

Filing and appearance fees shall be assessed in an appeal from an appeal to a circuit court from a justice court or municipal court in an action alleging commission of a state offense designated as a violation or an action alleging violation of a city charter or ordinance, but not in an action alleging commission of a state crime.

(4)

Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding seeking imposition of remedial sanctions under the provisions of ORS 33.055 (Procedure for imposition of remedial sanctions).

(5)

The filing and appearance fees established by this section apply to cases of original jurisdiction in the Supreme Court. [Amended by 1963 c.556 §1; 1967 c.398 §3; 1969 c.198 §50; 1981 s.s. c.3 §§66,67; 1985 c.734 §15; 1987 c.852 §4; 1991 c.724 §17; 1993 c.33 §276; 1997 c.801 §27; 1999 c.1051 §118; 2003 c.737 §§1,3; 2005 c.702 §§1,2,3; 2005 c.843 §33; 2007 c.70 §7; 2007 c.860 §1; 2009 c.659 §§28,30; 2009 c.885 §§37e,37f; 2011 c.595 §66; 2011 c.658 §§28,29; 2011 c.708 §§17,18; 2013 c.360 §3; 2013 c.685 §§29,29a; 2014 c.76 §3; 2017 c.442 §14; 2017 c.663 §1]

Notes of Decisions

When applied to indigent litigants, there was no violation of due process under Oregon Constitution to require payment of filing fees in order to secure judicial review of Welfare Division's orders. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff'd410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

Legislative requirement of filing fee as prerequisite to processing appeal from administrative ruling is not such a restriction upon performance of judicial function that it must be ignored by courts. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff'd 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

Denial of review by Court of Appeals for failure to pay $25 filing fee was not violation of petitioners' rights under United States Constitution. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff'd 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

Filing fee for judicial review does not violate Oregon constitutional requirement that justice be administered "without purchase." Allen v. Employment Dept., 184 Or App 681, 57 P3d 903 (2002)


Source

Last accessed
Jun. 26, 2021