Oregon Law
Law as of Jan 1, 2026
Chapter contents
52.010Actions commenced and prosecuted, and judgments enforced, as in circuit court; prevailing party entitled to disbursements 52.020Mode of proceeding and rules of evidence 52.030Court rules and procedures 52.035Dismissal of civil cases for want of prosecution 52.040Contempt in justice court 52.050[Repealed by 1999 c.605 §8] 52.060Persons entitled to act as attorneys in justice court 52.110Service; form, contents and requisites of summons 52.120Persons authorized to serve summons; compensation; manner of service 52.130Appointment of persons to serve process or order 52.140[Amended by 1953 c.479 §4; 1977 c.877 §13; repealed by 1979 c.284 §199] 52.150[Repealed by 1979 c.284 §199] 52.160[Repealed by 1979 c.284 §199] 52.170Security for disbursements 52.180Form of undertaking; qualifications and justification of sureties; deposit in lieu of undertaking 52.210Plaintiff entitled to attachment as in circuit court 52.220Attachment proceedings conducted as in circuit court 52.230[Repealed by 1981 c.898 §53] 52.240[Repealed by 1981 c.898 §53] 52.250Attachment of real property prohibited 52.260[Repealed by 1981 c.898 §53] 52.310Pleadings governed by rules applicable to pleadings in circuit court 52.320Counterclaim exceeding jurisdiction; transfer to circuit court; time allowed plaintiff to plead; costs; effect of failure to tender costs 52.410Trial fee 52.420Trial fee payable in advance; effect of failure to pay; recovery of fee as disbursement 52.430State or county exempted from prepaying trial fee; recovery of trial fee 52.440Accounting for and disposition of trial fee 52.510Postponement of trial 52.520Depositions of witnesses as condition to postponement 52.530Change of place of trial 52.540Payment of disbursements for change of venue; subpoenaed witnesses 52.550When change of venue deemed complete 52.560Jurisdiction to cease when title to real property in question; further proceedings in circuit court 52.570Right to jury trial 52.580Judgment 52.590Judgment may not determine or affect title to real property 52.600Enforcement of justice court judgments generally 52.610Enforcement of judgment given by other justice 52.620Filing transcript of judgment in another county; issuance of execution 52.630[Amended by 1965 c.619 §27; 1971 c.621 §11; 1975 c.607 §13; 1979 c.833 §14; 1981 c.835 §4; 1983 c.696 §6; 1987 c.586 §20; 1995 c.273 §15; repealed by 1999 c.788 §3 (52.635 enacted in lieu of 52.630)] 52.635Liens based on justice court judgment 52.640Setoff of judgment; application and notice 52.650Right of appeal precludes setoff; procedure to set off judgment of another court 52.660Enforcement of setoff judgment stayed 52.670Setoff of mutual judgments 52.680Setoff of judgments in different amounts; disallowance of setoff 52.690[Repealed by 1999 c.788 §5] 52.700Return on execution; to whom directed; duty of officer to execute writ 52.710Renewal of execution; indorsement and entry of renewal 52.750Small claims department; jurisdiction 52.755Commencement of action 52.760Contents of claim 52.765Verification and prosecution of claim 52.770Notice of claim; content; service 52.775Explanation to plaintiff of how notice may be served 52.780Admission or denial of claim; request for jury trial 52.785Time and place of hearing; procedure if right to jury trial asserted; fees 52.790Additional time for appearances; default and dismissal 52.795Formal pleadings unnecessary; issuance of attachment, garnishment or execution; costs of execution taxable 52.800Appearance by parties and attorneys; witnesses 52.805Counterclaim; procedure; fee; transfer of jurisdiction 52.810Payment of judgment 52.815Conclusiveness of judgment; when appeal may be taken 52.820Notice of appeal; proceedings in circuit court 52.825Enforcement of judgment when no appeal is taken; fees 52.830Separate docket for small claims department

Chapter 52 — Civil Actions; Small Claims

ORS 52.180 Form of undertaking; qualifications and justification of sureties; deposit in lieu of undertaking

(1)

The undertaking may be substantially in the following form:

______________________________________________________________________________

“I, A B,” or “We, A B and C D, undertake to pay E F, the defendant in this action, all disbursements that may be adjudged to E F in this action.”

______________________________________________________________________________

(2)

The sureties must possess the qualifications of bail upon arrest, and, if required by the defendant, must justify in a sum not less than $50. A deposit with the justice of such sum as the justice may deem sufficient shall be equivalent to giving the required undertaking. If the undertaking or deposit in lieu thereof is not given or made by the time the action is at issue and ready for trial on a question of fact, the justice must dismiss the action as for want of prosecution.

(Attachment)

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2026-01-01

2025 Oregon Revised Statutes — official online source