Oregon Law
Law as of Jan 1, 2024
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rules and procedures 52.035Dismissal of civil cases for want of prosecution 52.040Contempt in justice court 52.050[Repealed by 1999 c.605 §8] 52.060Persons entitled to act as attorneys in justice court 52.110Service; form, contents and requisites of summons 52.120Persons authorized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of service 52.130Appointment of persons to serve process or order 52.140[Amended by 1953 c.479 §4; 1977 c.877 §13; repealed by 1979 c.284 §199] 52.150[Repealed by 1979 c.284 §199] 52.160[Repealed by 1979 c.284 §199] 52.170Security for disbursements 52.180Form of undertaking; qualifications and justification of sureties; deposit in lieu of undertaking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entitled to attachment as in circuit court 52.220Attachment proceedings conducted as in circuit court 52.230[Repealed by 1981 c.898 §53] 52.240[Repealed by 1981 c.898 §53] 52.250Attachment of real property prohibited 52.260[Repealed by 1981 c.898 §53] 52.310Pleadings governed by rules applicable to pleadings in circuit court 52.320Counterclaim exceeding jurisdiction; transfer to circuit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§27; 1971 c.621 §11; 1975 c.607 §13; 1979 c.833 §14; 1981 c.835 §4; 1983 c.696 §6; 1987 c.586 §20; 1995 c.273 §15; repealed by 1999 c.788 §3 (52.635 enacted in lieu of 52.630)] 52.635Liens based on justice court judgment 52.640Setoff of judgment; application and notice 52.650Right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

Chapter 52 — Civil Actions

ORS 52.650 Right of appeal precludes setoff; procedure to set off judgment of another court

A judgment proposed as a setoff under ORS 52.640 must be final and no longer subject to appeal. If the judgment was given in another court than the one where the application is made, the party proposing the setoff must produce the transcript of the judgment, certified by the proper justice, which certificate shall also state how much of the judgment remains unsatisfied and that the transcript is given for the purpose of being a setoff against the judgment to which it is proposed as a setoff.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.