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Oregon Revised Statutes

Chapter 51 — Justice Courts; Jurisdiction

57 sections

51.010 Justice court defined; no terms of court; court always open for business

A justice court is a court held by a justice of the peace within the justice of the peace district for which the justice of the peace may be chosen. There are no particular terms of such court, but the same is always open for the transaction of business, according to the mode of proceeding prescribed for it.

51.020 Justice of the peace districts; establishing and modifying boundaries; maximum number of districts

The county court or board of county commissioners of every county may set off and establish, or modify the boundaries of, justice of the peace districts within the county. No more than six justice of the peace districts shall be set off or established or permitted to remain in existence within any county. Except in the counties of Baker, Crook, Gilliam, Gran…

51.025 Justice court as court of record

Except as provided in subsection (7) of this section, any justice court may become a court of record by: The passage of an ordinance by the governing body of the county in which the court is located; and The entry of an order by the Supreme Court acknowledging the filing of the declaration required under subsection (2) of this section. Before a justice co…

51.028 Justice court ceasing operation as court of record

Any justice court that has become a court of record under ORS 51.025 may cease to operate as a court of record only if the governing body of the county in which the court is located files a declaration with the Supreme Court identifying the date on which the justice court will cease operation as a court of record. The date identified in the declaration may n…

51.030 [Amended by 1963 c.614 §3; repealed by 1997 c.487 §2 and 1997 c.801 §106]repealed

No operative statutory text appears at this designation in the selected edition.

51.035 Justice of peace as municipal judge

Except as provided in ORS 3.136, any city situated wholly or in largest part within the boundaries of a justice of the peace district may enter into an agreement pursuant to ORS 190.010 with the county in which the justice of the peace district is located providing that the justice court for the district shall have all judicial jurisdiction, authority, power…

51.037 Agreement between city and county for provision of judicial services

Any city may enter into an agreement pursuant to ORS 190.010 with the county in which a justice of the peace district is located for the provision of judicial services. A justice of the peace providing services to a city pursuant to such an agreement shall have all judicial jurisdiction, authority, powers, functions and duties of the municipal court of the c…

51.040 [Amended by 1971 c.743 §312; 1979 c.777 §43; 1987 c.907 §13; repealed by 1999 c.605 §8 and 1999 c.1051 §42]repealed

No operative statutory text appears at this designation in the selected edition.

51.050 Criminal jurisdiction; transfer to circuit court

Except as otherwise provided in this section, in addition to the criminal jurisdiction of justice courts already conferred upon and exercised by them, justice courts have jurisdiction of all offenses committed or triable in their respective counties. The jurisdiction conveyed by this section is concurrent with any jurisdiction that may be exercised by a circ…

51.055 Notice to Department of State Police of conviction; rules

A justice or municipal court shall notify the Department of State Police when the justice or municipal court enters a judgment of conviction for a Class A misdemeanor. The department shall make rules establishing: Requirements for notification under this section. Procedures for entry of convictions described in subsection (1) of this section into the Law …

51.060 [Amended by 1957 c.644 §27; 1971 c.743 §314; repealed by 1999 c.605 §8 and 1999 c.1051 §42]repealed

No operative statutory text appears at this designation in the selected edition.

51.070 Crimes triable in justice court

A crime is triable in a justice court when, by the provisions of ORS 131.205 to 131.325, an action may be commenced therefor in the county where such court is held.

51.080 Civil jurisdiction of justice court

A justice court has jurisdiction, but not exclusive, of the following actions: For the recovery of money or damages only, when the amount claimed does not exceed $10,000. For the recovery of specific personal property, when the value of the property claimed and the damages for the detention do not exceed $10,000. For the recovery of any penalty or forfeit…

51.090 Civil jurisdiction not to extend to certain actions

The jurisdiction conferred by ORS 51.080 does not extend to: An action in which the title to real property shall come in question. An action for false imprisonment, libel, slander or malicious prosecution. An action brought by an adult in custody as defined in ORS 30.642.

51.100 Where action may be commenced in civil cases

Except as provided in this section, a civil action subject to the jurisdiction of a justice court must be commenced in the county where one of the parties resides. If a defendant in a civil action subject to the jurisdiction of a justice court does not reside in this state, the action may be commenced in any justice district of this state. If all parties r…

51.105 Recording and reporting of proceedings

In any proceeding conducted in open court in a justice court, any party may arrange for audio recording or reporting of the proceeding by stenographic or other means. The court may not prohibit recording or reporting of the proceeding under this section. A reporter providing stenographic reporting services under this section must be certified in shorthand r…

51.110 Records and files of a justice court

The records and files of a justice court are the docket and all papers and process filed in or returned to such court, concerning or belonging to any proceeding authorized to be had or taken therein, or before the justice of the peace who holds such court.

51.120 Justice court docket

The docket of a justice of the peace is a record in which the justice of the peace must enter: The title of every action or proceeding commenced in the court of the justice of the peace or before the justice of the peace, with the names of the parties thereto and the time of the commencement thereof. The date of making or filing any pleading. An order all…

51.130 Disposition of docket and files; docket and files are public writings

The docket and files of a justice court are to be safely and securely kept by the justice of the peace, and by the justice of the peace forthwith delivered to a successor in office. When any justice court is abolished, the docket and files of that court shall be turned over to the clerk of the circuit court for the county in which the justice court was locat…

51.140 Office, courtroom and clerical assistance; books, office equipment and supplies

The county court or board of county commissioners of the county in which the justice of the peace has been elected or appointed: May provide for the office of the justice of the peace the office and courtroom and clerical assistance necessary to enable the justice of the peace to effectuate the prompt, efficient and dignified administration of justice. Sha…

51.210 Each district to elect one justice

Each justice of the peace district shall elect one justice of the peace, who shall hold office for six years and until a successor is elected and qualified.

51.220 [Amended by 1961 c.724 §25; 1965 c.510 §21; repealed by 1997 c.487 §2 and 1997 c.801 §106]repealed

No operative statutory text appears at this designation in the selected edition.

51.230 At what election justice to be elected

The election at which a justice of the peace shall be elected shall be the general election or, if applicable, the election specified in ORS 249.088 next preceding the expiration of the term of the incumbent of the office.

51.240 Qualifications for office

As a qualification for the office: A justice of the peace must be a citizen of the United States and a resident of this state. A justice of the peace must be a resident of or have a principal office in the justice of the peace district in which the justice court is located. For purposes of this paragraph, a “principal office” is the primary location from w…

51.245 Continuing education

Each justice of the peace who is not a member of the Oregon State Bar shall attend or participate in a minimum of 30 hours of educational programs every two calendar years. The programs shall be those conducted and supervised or approved by the Chief Justice of the Supreme Court or designee. Each justice of the peace who is not a member of the Oregon State …

51.250 Time when term begins; filing certificate of election, oath of office and undertaking

The term of office of a justice of the peace shall commence on the first Monday in January next following election. Before entering upon the duties of office, the person elected thereto shall qualify by filing with the county clerk of the county wherein the person is elected: The certificate of election of the person. An oath of office, by the person subsc…

51.260 Filling vacancy; temporary appointment; appointment during justice’s vacation

If a vacancy occurs in the office of justice of the peace, the Governor immediately shall appoint some person possessing the qualifications for election to that office to fill the vacancy until the next general election and until such appointee’s successor is elected and qualified. The person appointed to fill the vacancy shall qualify in the same manner as …

51.270 [Repealed by 2019 c.426 §1]repealed

No operative statutory text appears at this designation in the selected edition.

51.280 [Repealed by 2019 c.426 §1]repealed

No operative statutory text appears at this designation in the selected edition.

51.290 [Repealed by 1953 c.306 §18]repealed

No operative statutory text appears at this designation in the selected edition.

51.300 Temporary service by circuit court judge or other justice of the peace

A judge of the circuit court for a county, or any justice of the peace for a justice court district located within the county, may exercise the powers and duties of justice of the peace of any justice court in the county: At the request of the justice of the peace of the justice court; In the event of a vacancy in the office of the justice of the peace, un…

51.310 Schedule of fees; payment of fees to county treasurer

Except as provided in ORS 105.130, the justice of the peace shall collect, in advance except in criminal cases, and issue receipts for, the following fees: For the first appearance of the plaintiff, $90. For the first appearance of the defendant, $90. In the small claims department, for a plaintiff filing a claim, $37; and for a defendant requesting a hea…

51.340 Monthly report of fines collected

Justices of the peace in each county shall report to the county treasurer once in each month the amount of all fines collected by them, from whom collected, and what the fine was for, and at the same time pay to the county treasurer in money the full amount of the fines collected. If the justices of the peace have collected no fines, they shall report that f…

51.350 [Repealed by 1983 c.77 §1 and 1983 c.310 §21]repealed

No operative statutory text appears at this designation in the selected edition.

51.360 [Repealed by 1983 c.77 §1 and 1983 c.310 §21]repealed

No operative statutory text appears at this designation in the selected edition.

51.410 [Repealed by 1965 c.624 §12]repealed

No operative statutory text appears at this designation in the selected edition.

51.440 [Amended by 1965 c.624 §1; 1971 c.136 §1; 1995 c.658 §59; repealed by 2015 c.212 §19]repealed

No operative statutory text appears at this designation in the selected edition.

51.450 [Amended by 1965 c.624 §3; 1983 c.83 §3; 1995 c.658 §60; repealed by 2015 c.212 §19]repealed

No operative statutory text appears at this designation in the selected edition.

51.460 [Amended by 1965 c.624 §4; 1995 c.658 §61; repealed by 2015 c.212 §19]repealed

No operative statutory text appears at this designation in the selected edition.

51.470 [Amended by 1965 c.624 §5; 1995 c.658 §62; repealed by 2015 c.212 §19]repealed

No operative statutory text appears at this designation in the selected edition.

51.480 [Repealed by 2015 c.212 §19]repealed

No operative statutory text appears at this designation in the selected edition.

51.490 [Amended by 1965 c.624 §6; repealed by 2015 c.212 §19]repealed

No operative statutory text appears at this designation in the selected edition.

51.500 [Amended by 1965 c.624 §7; repealed by 2015 c.212 §19]repealed

No operative statutory text appears at this designation in the selected edition.

51.520 [Repealed by 1953 c.306 §18]repealed

No operative statutory text appears at this designation in the selected edition.

51.530 [Amended by 1965 c.624 §8; repealed by 1973 c.393 §4]repealed

No operative statutory text appears at this designation in the selected edition.

51.540 [Amended by 1965 c.624 §9; repealed by 2015 c.212 §19]repealed

No operative statutory text appears at this designation in the selected edition.

51.550 [Amended by 1965 c.624 §10; repealed by 2015 c.212 §19]repealed

No operative statutory text appears at this designation in the selected edition.

51.610 [Amended by 1965 c.134 §1; 1965 c.624 §11; repealed by 1971 c.136 §3]repealed

No operative statutory text appears at this designation in the selected edition.

51.620 [Repealed by 1971 c.136 §3]repealed

No operative statutory text appears at this designation in the selected edition.

51.630 [Amended by 1959 c.621 §1; repealed by 1971 c.136 §3]repealed

No operative statutory text appears at this designation in the selected edition.

51.640 [Amended by 1965 c.613 §26; repealed by 1971 c.136 §3]repealed

No operative statutory text appears at this designation in the selected edition.

51.650 [Repealed by 1953 c.306 §18]repealed

No operative statutory text appears at this designation in the selected edition.

51.660 [Repealed by 1965 c.510 §24]repealed

No operative statutory text appears at this designation in the selected edition.

51.670 [Amended by 1965 c.510 §22; repealed by 1965 c.624 §12]repealed

No operative statutory text appears at this designation in the selected edition.

51.680 [Repealed by 1953 c.306 §18]repealed

No operative statutory text appears at this designation in the selected edition.

51.690 [Repealed by 1953 c.306 §18]repealed

No operative statutory text appears at this designation in the selected edition.

51.700 [1965 c.624 §2; repealed by 1971 c.136 §3]repealed

No operative statutory text appears at this designation in the selected edition.