Small Claims Department of Circuit Court

ORS 46.475
Additional time for appearances

  • default and dismissal

(1)

Upon written request, the court may extend to the parties additional time within which to make formal appearances required in the small claims department of a circuit court.

(2)

If the defendant fails to pay the claim, demand a hearing, or demand a jury trial and comply with ORS 46.465 (Time and place of hearing) (3)(c), upon written request from the plaintiff the clerk shall enter a judgment against the defendant for the relief claimed plus the amount of the small claims filing fees and service expenses paid by the plaintiff and the prevailing party fee provided by ORS 20.190 (Prevailing party fees).

(3)

If the plaintiff fails within the time provided to file a formal complaint pursuant to ORS 46.465 (Time and place of hearing) (3)(a), the clerk shall dismiss the case without prejudice.

(4)

If the defendant appears at the time set for hearing but no appearance is made by the plaintiff, the claim shall be dismissed with prejudice. If neither party appears, the claim shall be dismissed without prejudice.

(5)

Upon good cause shown within 60 days, the court may set aside a default judgment or dismissal and reset the claim for hearing. [1971 c.760 §9; 1977 c.875 §6; 1985 c.496 §15; 1991 c.111 §6; 1995 c.618 §§8,8a; 1995 c.658 §51; 1997 c.46 §§12,13; 1999 c.84 §10; 2011 c.595 §52]
Source

Last accessed
May 30, 2023

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