3.010 [Amended by 1957 c.713 §3; repealed by 1961 c.724 §34]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 3 — Circuit Courts Generally
111 sections3.011 [1961 c.724 §1; 1963 c.491 §1; 1965 c.510 §1; 1965 c.618 §1; 1967 c.532 §1; 1967 c.533 §1; 1969 c.370 §1; 1971 c.640 §1; 1971 c.777 §1; 1973 c.572 §1; 1975 c.629 §1; 1977 c.386 §1; 1979 c.568 §14; 1981 c.215 §2; 1981 c.759 §1; 1985 c.65 §1; 1985 c.274 §1; 1985 c.311 §1; 1987 c.359 §1; 1989 c.1021 §1; 1991 c.298 §1; 1995 c.658 §§6,142,143a,144; repealed by 1997 c.801 §1 (3.012 enacted in lieu of 3.011)]repealed
No operative statutory text appears at this designation in the selected edition.
3.012 Judicial districts
The judicial districts, the counties constituting the judicial districts and the number of circuit court judges for each judicial district are as follows: The first judicial district consists of Jackson County and has 10 judges. The second judicial district consists of Lane County and has 15 judges. The third judicial district consists of Marion County an…
3.013 State as single judicial district
For the purposes of 15 U.S.C. 1692i, the state shall be considered a single judicial district.
3.014 Special provisions for fourth judicial district (Multnomah County)
One of the judges of the fourth judicial district shall hold court in the City of Gresham, Multnomah County, as directed by the Chief Justice of the Supreme Court but in no event less than one day a week. All proceedings resulting from alleged state misdemeanor traffic offenses, traffic violations or other misdemeanors or violations occurring east of 122nd A…
3.015 [1961 c.724 §32; repealed by 1965 c.510 §24 and 1965 c.618 §11]repealed
No operative statutory text appears at this designation in the selected edition.
3.016 Special provisions for sixth judicial district (Morrow and Umatilla Counties)
In the sixth judicial district, the judges of the district shall hold court in Pendleton, Hermiston, Milton-Freewater and Heppner as required by caseload.
3.020 [Amended by 1955 c.677 §2; 1957 c.665 §2; 1957 c.713 §4; repealed by 1959 c.557 §1 (3.022 enacted in lieu of 3.020)]repealed
No operative statutory text appears at this designation in the selected edition.
3.021 [1953 c.52 §§1,2,3; repealed by 1955 c.677 §6]repealed
No operative statutory text appears at this designation in the selected edition.
3.022 [1959 c.557 §2 (enacted in lieu of 3.020); repealed by 1961 c.724 §34]repealed
No operative statutory text appears at this designation in the selected edition.
3.030 Election of circuit judges
Each circuit judge shall hold office for the term for which the circuit judge was elected; and at the general election or, if applicable, at the election specified in ORS 249.088 next prior to the expiration of the term of office there shall be elected a circuit judge to succeed the circuit judge.
3.040 [Amended by 1955 c.677 §3; 1957 c.665 §4; 1957 c.713 §5; repealed by 1961 c.724 §34]repealed
No operative statutory text appears at this designation in the selected edition.
3.041 Qualifications of circuit judges; residence
Each judge of the circuit court shall be a citizen of the United States and a resident of this state. Except as provided in subsections (3) and (4) of this section, each judge of the circuit court shall be a resident of or have principal office in the judicial district for which the judge is elected or appointed or in a judicial district adjacent to the jud…
3.050 Circuit judges to be members of bar
No person is eligible to the office of judge of the circuit court unless the person is a member of the Oregon State Bar.
3.060 Salary of judges; expenses
Each of the judges of the circuit court shall receive such salary as is provided by law. When any judicial district is composed of more than one county a judge thereof is entitled to reimbursement for hotel bills and traveling expenses necessarily incurred by the judge in the performance of duties outside the county of residence. When any circuit judge holds…
3.065 [1967 c.531 §1; 1981 s.s. c.1 §8; repealed by 1995 c.781 §51]repealed
No operative statutory text appears at this designation in the selected edition.
3.070 Powers of judges in chambers; filing and entering of decisions not signed in open court
Any judge of a circuit court in any judicial district may, in chambers, grant and sign defaults, judgments, interlocutory orders and provisional remedies, make findings and decide motions, demurrers and other like matters relating to any judicial business coming before the judge from any judicial district in which the judge has presided in such matters. The…
3.075 Powers of judges to act in joint or separate session; testing process
If two or more persons are sitting as judges of the circuit court in a judicial district: Any two or more of them may act in joint session for the trial or determination of any cause, matter or proceeding before the court in the judicial district, including jury cases. If the judges acting in joint session are equally divided in opinion, the opinion of the …
3.080 [Repealed by 1959 c.552 §16]repealed
No operative statutory text appears at this designation in the selected edition.
3.081 [1959 c.552 §5; repealed by 1975 c.706 §10]repealed
No operative statutory text appears at this designation in the selected edition.
3.090 [Repealed by 1959 c.552 §16]repealed
No operative statutory text appears at this designation in the selected edition.
3.091 [1959 c.552 §6; repealed by 1975 c.706 §10]repealed
No operative statutory text appears at this designation in the selected edition.
3.096 [1959 c.552 §7; repealed by 1975 c.706 §10]repealed
No operative statutory text appears at this designation in the selected edition.
3.100 [Repealed by 1959 c.552 §16]repealed
No operative statutory text appears at this designation in the selected edition.
3.101 [1961 c.405 §1; 1969 c.591 §263; repealed by 1995 c.658 §127]repealed
No operative statutory text appears at this designation in the selected edition.
3.102 [Formerly 3.110; 1959 c.576 §1; renumbered 3.570]renumbered
No operative statutory text appears at this designation in the selected edition.
3.105 [1953 c.35 §1; repealed by 1959 c.549 §7]repealed
No operative statutory text appears at this designation in the selected edition.
3.106 [1953 c.35 §2; repealed by 1959 c.549 §7]repealed
No operative statutory text appears at this designation in the selected edition.
3.107 [1953 c.35 §3; repealed by 1959 c.549 §7]repealed
No operative statutory text appears at this designation in the selected edition.
3.108 [1953 c.35 §4; repealed by 1959 c.549 §7]repealed
No operative statutory text appears at this designation in the selected edition.
3.109 [1953 c.35 §5; repealed by 1959 c.549 §7]repealed
No operative statutory text appears at this designation in the selected edition.
3.110 [Renumbered 3.102 and then 3.570]renumbered
No operative statutory text appears at this designation in the selected edition.
3.111 [1953 c.35 §6; repealed by 1959 c.549 §7]repealed
No operative statutory text appears at this designation in the selected edition.
3.112 [1953 c.35 §9; repealed by 1959 c.549 §7]repealed
No operative statutory text appears at this designation in the selected edition.
3.113 [1953 c.35 §7; repealed by 1959 c.549 §7]repealed
No operative statutory text appears at this designation in the selected edition.
3.114 [1953 c.35 §8; repealed by 1959 c.549 §7]repealed
No operative statutory text appears at this designation in the selected edition.
3.115 [1953 c.35 §10; repealed by 1959 c.549 §7]repealed
No operative statutory text appears at this designation in the selected edition.
3.120 [Repealed by 1959 c.552 §16]repealed
No operative statutory text appears at this designation in the selected edition.
3.130 Transfer of judicial jurisdiction of certain county courts to circuit courts
All judicial jurisdiction, authority, powers, functions and duties of the county courts and the judges thereof, except the jurisdiction, authority, powers, functions and duties exercisable in the transaction of county business, are transferred to the circuit courts and the judges thereof: In Baker, Clackamas, Columbia, Coos, Douglas, Jackson, Josephine, Kla…
3.132 Concurrent jurisdiction with justice and municipal courts
In addition to other cases over which they have jurisdiction, circuit courts shall have the same criminal and quasi-criminal jurisdiction as justice courts and shall have concurrent jurisdiction with municipal courts of all violations of the charter and ordinances of any city wholly or in part within their respective judicial districts committed or triable w…
3.134 Application of state statutes to municipal ordinance
When an offense defined by municipal ordinance is tried in circuit court, it shall be subject to the same statutes and procedures that govern the trial and appeal of a like offense defined by a statute of this state.
3.135 [1961 c.724 §5; repealed by 1965 c.510 §24]repealed
No operative statutory text appears at this designation in the selected edition.
3.136 Jurisdiction over violations of Portland charter and ordinances; disposition of moneys; hearings officers
The circuit court for a county within the boundaries of which there is situated the largest part of a city having a population of more than 300,000 shall have all judicial jurisdiction, authority, powers, functions and duties of the municipal court of each such city and the judges thereof with respect to all violations of the charter and ordinances of each s…
3.140 [Amended by 1965 c.510 §4; repealed by 1969 c.591 §305]repealed
No operative statutory text appears at this designation in the selected edition.
3.150 [Amended by 1957 s.s. c.8 §1; 1961 c.724 §6; 1965 c.510 §5; 1979 c.77 §1; repealed by 1983 c.673 §26]repealed
No operative statutory text appears at this designation in the selected edition.
3.160 [Amended by 1957 s.s. c.8 §2; 1959 c.557 §3; 1961 c.724 §7; 1965 c.510 §6; repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.165 [1961 c.724 §8; repealed by 1965 c.510 §24]repealed
No operative statutory text appears at this designation in the selected edition.
3.170 [Amended by 1965 c.510 §7; repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.180 [1965 c.618 §7; 1967 c.533 §9; repealed by 1969 c.591 §305]repealed
No operative statutory text appears at this designation in the selected edition.
3.185 Habeas corpus hearings by Circuit Court for Marion County
Notwithstanding ORS 1.040, a judge of the Circuit Court for Marion County when hearing matters relating to writs of habeas corpus as provided in ORS 34.310 to 34.730 may direct that the court be held or continued at any location designated under ORS 1.085 and under such conditions as may be ordered. When a court is held at a location directed as provided by…
3.210 [Amended by 1955 c.677 §5; 1957 c.665 §3; 1957 c.713 §8; 1959 c.557 §4; repealed by 1961 c.724 §34]repealed
No operative statutory text appears at this designation in the selected edition.
3.220 Rules; procedure when judges disagree
A circuit court may make and enforce all rules necessary for the prompt and orderly dispatch of the business of the court and not inconsistent with applicable provisions of law, the Oregon Rules of Civil Procedure or rules made or orders issued by the Chief Justice of the Supreme Court or the presiding judge for the judicial district. If a majority of the ju…
3.225 Establishing specialized subject-matter departments; approval by Chief Justice; eligibility and assignment of judges
Subject to the approval of the Chief Justice of the Supreme Court, a circuit court, by rule under ORS 3.220, may establish specialized subject-matter departments of the court, and may modify or abolish departments so established. Any judge of the court may act in any department so established or modified by rule. The presiding judge for the judicial district…
3.227 [1987 c.714 §4; repealed by 1995 c.658 §127]repealed
No operative statutory text appears at this designation in the selected edition.
3.229 [1987 c.714 §5; 1995 c.781 §9; repealed by 1995 c.658 §127]repealed
No operative statutory text appears at this designation in the selected edition.
3.230 [Subsection (3) of 1957 part derived from 1953 c.52 §6; 1957 c.713 §10; 1957 s.s. c.8 §3; repealed by 1959 c.552 §16]repealed
No operative statutory text appears at this designation in the selected edition.
3.232 [Formerly 4.010; repealed by 2015 c.212 §3]repealed
No operative statutory text appears at this designation in the selected edition.
3.235 [Formerly 4.105; 2015 c.119 §3; repealed by 2015 c.212 §3]repealed
No operative statutory text appears at this designation in the selected edition.
3.238 [Formerly 4.410; 1985 c.540 §20; repealed by 2013 c.155 §12]repealed
No operative statutory text appears at this designation in the selected edition.
3.240 [Amended by 1957 c.713 §11; repealed by 1961 c.724 §34]repealed
No operative statutory text appears at this designation in the selected edition.
3.250 Definitions for ORS 3.250 to 3.280
As used in ORS 3.250 to 3.280, unless the context requires otherwise: “Child” means a person under 18 years of age. “Court services” includes but is not limited to services and facilities relating to intake screening, juvenile detention, shelter care, investigations, study and recommendations on disposition of cases, probation on matters within the jurisdi…
3.255 Policy and intent
It is declared to be the policy and intent of the Legislative Assembly: Notwithstanding concurrent jurisdiction, that family and family-related matters before the courts be concentrated in a single judicial jurisdiction, the circuit court. The judges of the circuit court need adequate court services to assist them in exercising jurisdiction over the family…
3.260 Juvenile jurisdiction vested in circuit courts; authority for transfer of jurisdiction over family-related matters to circuit courts
The circuit courts and the judges thereof shall exercise all juvenile court jurisdiction, authority, powers, functions and duties. Pursuant to ORS 3.275, in addition to any other jurisdiction vested in it by law, the circuit court shall exercise exclusive and original judicial jurisdiction, authority, powers, functions, and duties in the judicial district i…
3.265 Limits on transfer of juvenile jurisdiction
Notwithstanding ORS 3.260, no transfer of jurisdiction required by ORS 3.260 (1) shall occur in the following counties until the county court approves such transfer either as of July 1, 1968, or thereafter: Gilliam, Sherman, Wheeler, Harney or Morrow County. Any county that as of July 1, 1968, has a population of less than 11,000 and in which the judge of …
3.270 Transfer of juvenile jurisdiction and jurisdiction over family-related matters to circuit courts
All judicial jurisdiction, authority, powers and duties of the county courts and the judges thereof over matters described in ORS 3.260 (1), are transferred to the circuit courts and the judges thereof. All judicial jurisdiction, authority, powers and duties of the county courts and justice courts and the judges thereof over matters described in ORS 3.260 (…
3.275 Procedure for transfer of jurisdiction over certain family-related matters
After making a determination that conditions in the judicial district make it desirable to concentrate jurisdiction over all or part of family and family-related matters in the circuit court, the circuit court by its own order shall exercise jurisdiction over any or all of the matters described in ORS 3.260 (2) on and after July 1 next following entry of the…
3.280 Court services for circuit courts
The circuit court may obtain court services by using services available without charge or, with the prior approval of the governing body of each county in the judicial district, by: Employing or contracting for personnel or services; or Contracting or entering into agreements with public or private agencies or with private firms or individuals, or any of t…
3.300 Establishment and termination of panel for disposition of civil actions in circuit court; eligibility for panel; limitation on powers
Subject to the approval of the Chief Justice of the Supreme Court, the presiding judge for a judicial district may establish, and may terminate, the use of a panel of reference judges for the trial and disposition of civil actions in the circuit court under ORS 3.300 to 3.321. The Supreme Court, upon motion of the Chief Justice and the presiding judge may a…
3.305 Request for referral of action to reference judge; selection of reference judge; revocation of referral
At any time before trial of a civil action in a circuit court for which use of a panel of reference judges is established under ORS 3.300, the parties to the action may file with the presiding judge for the judicial district a written request for referral of the action to a reference judge on the panel. Upon receipt of the request, the presiding judge, by or…
3.310 [Amended by 1955 c.715 §2; 1959 c.557 §5; 1961 c.724 §10; 1965 c.510 §8; repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.311 Delivery of order to reference judge; notice of time and place of trial; procedure; witnesses
Upon entry of an order of the presiding judge for a judicial district referring an action under ORS 3.305, the clerk of the court shall cause a copy of the order to be delivered to the reference judge. Upon receipt of the copy of the order, the reference judge shall set the action for trial on reference at a time and in a place agreeable to the parties. At …
3.312 [1961 c.724 §12; repealed by 1965 c.510 §24]repealed
No operative statutory text appears at this designation in the selected edition.
3.314 [1961 c.724 §13; repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.315 Proposed report of reference judge; objections; final report; filings with clerk; entry of report as judgment of court
Within 20 days after the close of all evidence offered in a trial on reference conducted under ORS 3.311, unless a later time is agreed upon by the parties, the reference judge shall mail to each party a copy of the proposed written report of the reference judge. The proposed report shall contain the findings of fact and conclusions of law by the reference j…
3.320 [Repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.321 Compensation of reference judge; payment procedure
Unless otherwise agreed by the parties, the compensation of a reference judge to whom an action is referred under ORS 3.305 shall be an amount for each day actually engaged in the performance of duties under the referral and in the conduct and disposition of post-trial proceedings under ORS 3.315 (6) equal to five percent of the gross monthly salary of a reg…
3.330 [Amended by 1971 c.108 §1; 1979 c.77 §2; repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.340 [Repealed by 1969 c.591 §305]repealed
No operative statutory text appears at this designation in the selected edition.
3.350 [Repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.360 [Repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.370 [Repealed by 1959 c.552 §16]repealed
No operative statutory text appears at this designation in the selected edition.
3.380 [Amended by 1961 c.724 §14; 1973 c.484 §4; repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.390 [Repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.400 [Repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.405 Application to establish family court department; assignment of judges; authority of judges
A family court department may be established in the circuit court of a judicial district upon the written application of the presiding judge. The written application must be made to the Chief Justice of the Supreme Court. Upon receipt and approval of a written application, the Chief Justice shall designate a date for commencing operation of the family court …
3.408 Matters assignable to family court department
The presiding judge of the judicial district may assign to a family court department established under ORS 3.405 all of the following matters: Proceedings under the provisions of ORS chapters 107, 108, 109 and 110; Proceedings under the provisions of ORS chapter 25; Guardianship proceedings for minors under the provisions of ORS chapter 125; Juvenile cou…
3.410 [Amended by 1955 c.715 §3; 1959 c.557 §6; repealed by 1961 c.724 §34]repealed
No operative statutory text appears at this designation in the selected edition.
3.411 [1961 c.724 §15; 1965 c.618 §9; 1967 c.531 §3; 1967 c.533 §11; 1971 c.640 §2; repealed by 1981 c.215 §8]repealed
No operative statutory text appears at this designation in the selected edition.
3.412 Chief family court judge
If there is more than one judge assigned to a family court department for the judicial district, the presiding judge of the judicial district may designate one of the judges as the chief family court judge.
3.414 Assignment of matters relating to same child
Upon assignment to the family court department of the cases specified in ORS 3.408, the presiding judge of the judicial district shall insure, when reasonable and appropriate, that all cases that involve the same minor child be assigned to the same judge.
3.417 Coordination of services
The presiding judge of the judicial district may establish procedures for coordinating all services that may be available to persons who are or who may become parties in the proceedings specified in ORS 3.408.
3.420 Abolishment of family court department
At any time after the establishment of a family court department under ORS 3.405, the family court department shall be abolished if the presiding judge of the judicial district makes written application to the Chief Justice of the Supreme Court requesting that the family court department for that judicial district be abolished.
3.423 Family court department rules
The Chief Justice of the Supreme Court may promulgate court rules for family court departments established under ORS 3.405.
3.425 Family law education programs
The family court department or, if there is no family court department, the presiding judge or designee of each circuit court may establish an education program designed to inform parents about the impact of family restructuring on children when the parent is a named party in any of the following proceedings: An annulment or dissolution of marriage action. …
3.428 Family law facilitation programs
A family law facilitation program may be established by the judges of the family court department of a circuit court. If there is no family court department for the court, a family law facilitation program may be established for a circuit court by the presiding judge for the judicial district. A family law facilitation program shall be designed to assist lit…
3.430 Family court advocate programs; goals; duties
The Judicial Department shall establish family court advocate programs in counties specified in subsection (4) of this section. The programs shall be designed to develop an efficient system for providing integrated, family-focused prevention and intervention services to at-risk families identified by the family courts in those counties, and to coordinate ava…
3.432 Judicial education program on establishment and management of family court departments
The State Court Administrator shall implement an education program for state judges that emphasizes issues and problems encountered in the establishment and management of family court departments. The program shall provide education on the manner in which family court departments may be established, and shall identify means of removing obstacles to the estab…
3.434 Adoption of coordination plan for services; local family law advisory committees; plan contents
No later than January 1, 1999, the presiding judge of each judicial district shall adopt a plan to coordinate the provision of services to families involved in domestic relations or other family court proceedings. The presiding judge of the judicial district shall establish a local family law advisory committee for the judicial district. The committee will …
3.436 Appointment of statewide family law advisory committee
The Chief Justice of the Supreme Court may appoint a statewide family law advisory committee to assist the State Court Administrator in carrying out the administrator’s responsibilities under ORS 3.438 (2) and (4)(a) and in identifying family law issues that need to be addressed in the future. The Chief Justice shall consider the diversity of this state in a…
3.438 Duties of State Court Administrator
To the extent that adequate funds are available from the Family Law Account established under ORS 3.440, the State Court Administrator: Shall hire a director of family court services and sufficient staff, whose compensation must come solely from the Family Law Account, and may delegate to the director of family court services any of the duties listed in sub…
3.440 Family Law Account
The Family Law Account is established as an account in the General Fund. All moneys in the account are appropriated and constitute a continuous appropriation out of the General Fund to the State Court Administrator for the purposes of ORS 3.436 and 3.438. The State Court Administrator may accept and deposit into the account contributions of funds and assista…
3.443 Child support referees
The presiding judge of a judicial district may appoint one or more persons as child support referee. A child support referee appointed under this section: Must be qualified by training and experience in handling child support and parentage matters; and Serves at the pleasure of the presiding judge. The compensation of a child support referee appointed un…
3.445 Court facilitation program for court proceedings other than family law proceedings
The presiding judge for a judicial district may establish a court facilitation program to assist litigants in court proceedings other than family law proceedings as provided in ORS 3.428. In developing the program, the presiding judge shall jointly plan with the State Court Administrator, the local bar association, the law library established under ORS 9.815…
3.450 Drug court programs; fees; records
As used in this section: “Drug court program” means a program in which: Individuals who are before the court obtain treatment for substance abuse issues and report regularly to the court on the progress of their treatment; and A local drug court team, consisting of the court, agency personnel and treatment and service providers, monitors the individuals’ …
3.510 [1959 c.549 §1; 1961 c.465 §1; repealed by 1975 c.706 §10]repealed
No operative statutory text appears at this designation in the selected edition.
3.520 [1959 c.549 §2; repealed by 1975 c.706 §10]repealed
No operative statutory text appears at this designation in the selected edition.
3.530 [1959 c.549 §3; repealed by 1975 c.706 §10]repealed
No operative statutory text appears at this designation in the selected edition.
3.540 [1959 c.549 §4; repealed by 1975 c.706 §10]repealed
No operative statutory text appears at this designation in the selected edition.
3.550 [1959 c.549 §5; repealed by 1975 c.706 §10]repealed
No operative statutory text appears at this designation in the selected edition.
3.560 [1959 c.549 §6; 1961 c.465 §2; 1965 c.521 §1; 1969 c.198 §33; 1969 c.269 §1; 1971 c.213 §1; repealed by 1975 c.706 §10]repealed
No operative statutory text appears at this designation in the selected edition.
3.570 [Formerly 3.110 and then 3.102; 1965 c.521 §2; 1969 c.269 §2; 1971 c.213 §2; repealed by 1975 c.706 §10]repealed
No operative statutory text appears at this designation in the selected edition.