ORS 52.320
Counterclaim exceeding jurisdiction

  • transfer to circuit court
  • time allowed plaintiff to plead
  • costs
  • effect of failure to tender costs
In all actions instituted in a justice court a defendant shall have the right to plead a counterclaim in excess of the jurisdiction of the court, whereupon the justice of the peace shall, within 10 days following the filing of the answer, file with the clerk of the circuit court for the county in which the justice court is located, a transcript of the cause containing a copy of all the material entries in the justice’s docket, together with all the original papers relating to the cause. Upon the filing of the transcript with the clerk of the circuit court, the justice of the peace shall proceed no further in the cause, but the cause shall thenceforth be considered as transferred to the circuit court and be deemed pending and for trial therein as if originally commenced in the court. The circuit court shall have jurisdiction of the cause and shall proceed to hear, determine and try the same. In the event of the justice’s failure to file the transcript in the circuit court within the time specified, the judge of the circuit court may make an order upon the justice to comply within a specified time with the provisions of this section. The plaintiff in the action shall have 10 days after the filing of the transcript in the circuit court in which to move against or reply to defendant’s answer. All costs incurred in the transfer of the case, including the fee for filing the same in the circuit court, shall be borne by the defendant and must be tendered by the defendant to the justice of the peace at the time of filing with the justice the counterclaim, and the costs may be recovered by the defendant in the event the defendant prevails. On failure of the defendant to pay to the justice of the peace the required fee at the time of filing the counterclaim, or within two days thereafter, the justice of the peace shall disregard the counterclaim of the defendant and proceed to try the cause as though the counterclaim had never been filed. [Amended by 1979 c.284 §86]

Source: Section 52.320 — Counterclaim exceeding jurisdiction; transfer to circuit court; time allowed plaintiff to plead; costs; effect of failure to tender costs, https://www.­oregonlegislature.­gov/bills_laws/ors/ors052.­html.

52.010
Actions commenced and prosecuted, and judgments enforced, as in circuit court 52.020
Mode of proceeding and rules of evidence 52.030
Court rules and procedures 52.035
Dismissal of civil cases for want of prosecution 52.040
Contempt in justice court 52.060
Persons entitled to act as attorneys in justice court 52.110
Service 52.120
Persons authorized to serve summons 52.130
Appointment of persons to serve process or order 52.170
Security for disbursements 52.180
Form of undertaking 52.210
Plaintiff entitled to attachment as in circuit court 52.220
Attachment proceedings conducted as in circuit court 52.250
Attachment of real property prohibited 52.310
Pleadings governed by rules applicable to pleadings in circuit court 52.320
Counterclaim exceeding jurisdiction 52.410
Trial fee 52.420
Trial fee payable in advance 52.430
State or county exempted from prepaying trial fee 52.440
Accounting for and disposition of trial fee 52.510
Postponement of trial 52.520
Depositions of witnesses as condition to postponement 52.530
Change of place of trial 52.540
Payment of disbursements for change of venue 52.550
When change of venue deemed complete 52.560
Jurisdiction to cease when title to real property in question 52.570
Right to jury trial 52.580
Judgment 52.590
Judgment may not determine or affect title to real property 52.600
Enforcement of justice court judgments generally 52.610
Enforcement of judgment given by other justice 52.620
Filing transcript of judgment in another county 52.635
Liens based on justice court judgment 52.640
Setoff of judgment 52.650
Right of appeal precludes setoff 52.660
Enforcement of setoff judgment stayed 52.670
Setoff of mutual judgments 52.680
Setoff of judgments in different amounts 52.700
Return on execution 52.710
Renewal of execution
Green check means up to date. Up to date

Current through early 2024

§ 52.320’s source at oregon​.gov