Oregon Law
Law as of Jan 1, 2024
Chapter contents
55.010[Amended by 1955 c.44 §1; 1959 c.326 §2; repealed by 1963 c.404 §1 (55.011 enacted in lieu of 55.010)] 55.011Small claims department; jurisdiction 55.020Commencement of action 55.030Contents of claim 55.040Verification and prosecution of claim 55.045Notice of claim; content; service 55.050[Amended by 1965 c.619 §28; 1977 c.875 §12; 1981 s.s. c.3 §95; 1987 c.829 §2; repealed by 1989 c.583 §11] 55.055Explanation to plaintiff of how notice may be served 55.060[Amended by 1977 c.875 §13; repealed by 1989 c.583 §11] 55.065Admission or denial of claim; request for jury trial 55.070[Amended by 1957 c.6 §1; 1965 c.619 §29; 1973 c.393 §3; 1977 c.875 §14; 1977 c.877 §14a; 1979 c.284 §87; repealed by 1989 c.583 §11] 55.075Time and place of hearing; procedure if right to jury trial asserted; fees 55.077Additional time for appearances; default and dismissal 55.080Formal pleadings unnecessary; issuance of attachment, garnishment or execution; costs of execution taxable 55.090Appearance by parties and attorneys; witnesses 55.095Counterclaim; procedure; fee; transfer of jurisdiction 55.100Payment of judgment 55.110Conclusiveness of judgment; appeal; costs and fees on appeal 55.120Form of appeal; bond; proceedings in circuit court; no further appeal 55.130Enforcement of judgment when no appeal is taken; fees 55.140Separate docket for small claims department

Chapter 55 — Small Claims

ORS 55.090 Appearance by parties and attorneys; witnesses

(1)

Except as may otherwise be provided by ORS 55.040, no attorney at law nor any person other than the plaintiff and defendant shall become involved in or in any manner interfere with the prosecution or defense of the litigation in the department without the consent of the justice of the justice court, nor shall it be necessary to summon witnesses. But the plaintiff and defendant may offer evidence in their behalf by witnesses appearing at the hearing, and the justice may informally consult witnesses or otherwise investigate the controversy and give judgment or make such orders as the justice deems right, just and equitable for the disposition of the controversy.

(2)

Notwithstanding ORS 9.320, a party that is not a natural person, state or any city, county, district or other political subdivision or public corporation in this state may appear as a party to any action in the department without appearance by attorney.

(3)

When spouses are both parties to an action, one spouse may appear on behalf of both spouses in mediation or litigation in the small claims department:

(a)

With the written consent of the other spouse; or

(b)

If the appearing spouse declares under penalty of perjury that the other spouse consents.

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.