Clackamas County Circuit Court Filing Fees and Waivers

CRITICAL

Applies to

Arbitration fee waiver application

If funds are available under ORS 36.420, indigent parties may apply for a deferral or waiver of arbitration fees within 14 days after transfer to arbitration.

In the event funds are available under ORS 36.420, indigent parties may seek deferral or waiver of arbitration fees by applying within fourteen (14) days from the date the case is transferred to arbitration.

CRITICAL

Applies to

Arbitration

After transfer, the arbitrator may bar a party from participating unless the party pays the required fee or obtains a court waiver or deferral and provides the order to the arbitrator before arbitration.

In accordance with UTCR 13.120(4), the arbitrator may preclude a party from participating in the arbitration proceeding after the transfer unless the party pays the required arbitrator fee or the party obtains a waiver or deferral of the fee from the court and provides a copy of the waiver or deferral to the arbitrator, prior to the arbitration.

CRITICAL

Applies to

Document requiring fee

A document requiring a fee may be returned without filing if neither the fee nor an order waiving or deferring it is provided.

A document that requires a fee but the fee or an order to waive or defer such fee is not provided and the fee requirement has not been satisfied.

CRITICAL

Fees payable at trial’s conclusion are due by 5:00 p.m. that day unless waived or deferred; if trial ends after business hours, they are due the morning of the next court day, and a jury trial concludes when the jury returns its verdict.

Fees payable at the conclusion of the trial shall be paid by 5:00 P.M. on the day trial concludes unless the fee is waived or deferred. If the trial concludes after the close of business, the fees shall be paid the morning of the first court day thereafter. For purposes of this rule, a jury trial shall be deemed concluded when the jury returns a verdict.

CRITICAL

Before a trial or hearing for which a fee is required, payment, waiver, or deferral must be verified; if payment cannot be verified, the receipt, waiver, or deferral must be presented to the courtroom clerk before the proceeding begins.

The court shall verify that payment has been made or that fees have been waived or deferred prior to the commencement of trial or hearing where a fee is required to be paid under ORS Chapter 21 and ORS 105.130. If the court is unable to verify that payment has been made, a fee receipt, fee waiver or fee deferral must be presented to the courtroom clerk prior to the commencement of a trial or hearing.

CRITICAL

Applies to

Summary judgment motion

A summary judgment motion is not considered filed unless its motion fee is paid.

A motion is not considered filed if the motion fee is not paid.

CRITICAL

Fee

$500

Applies to

Arbitration preliminary payment

Each party must pay at least $500 within 14 days of the arbitrator's appointment unless the party has a fee waiver or deferral, in which case it must provide the order to the arbitrator.

Within 14 days of the appointment of the arbitrator, each party must tender to the arbitrator the sum of at least $500 as preliminary payment to be credited against the maximum total arbitration fee, unless a party has secured a fee waiver or deferral, in which case the party must submit a copy of the order waiving or deferring arbitration fees to the arbitrator.

CRITICAL

Applies to

Motion for relief from default judgment

The defendant must pay the judgment fine when filing the motion for relief, unless the court waives payment for good cause; the motion cannot be filed before payment or waiver.

At the time the motion for relief is filed, the defendant must pay to the court the amount of the fine imposed in the judgment. The payment requirement may be waived by the court for good cause. A motion for relief cannot be filed until the payment is made or waived.

CRITICAL

Applies to

Adult guardianship petition

For an adult guardianship, the visitor’s investigation fee deposit must be paid within one business day after the petition is filed unless a fee waiver or deferral has been secured.

For adult guardianships, the deposit for the visitor’s investigation fee shall be paid within one (1) business day of filing the Petition unless the party has secured a fee waiver or deferral.

CRITICAL

Applies to

Civil filing

Civil filing fees are due when papers are filed, and a person unable to pay then may apply for a fee deferral or waiver; granted fees are collected like other monetary obligations.

Fees for civil cases are due at the time of filing your papers. If you cannot pay the fee at the time of filing, you may apply for a fee deferral/waiver. If the fee deferral/waiver is granted, collections of those fees are the same as any other monetary obligation.

CRITICAL

Applies to

Arbitration fee balance

The remaining arbitration fee is due when a party files a motion requiring an arbitrator's ruling or within 30 days of the first scheduled arbitration hearing date, whichever comes first.

The balance of the parties’ maximum total arbitration fee shall be paid upon the earlier of (a) the filing of a motion by any party upon which the arbitrator must rule; or (b) within 30 days of the first scheduled arbitration hearing date.

CRITICAL

Fee

$250

Applies to

Arbitration

For cases filed on or after February 1, 2025, the arbitrator charges $250 per hour, and the maximum total arbitration fee is $2,000, allocated pro rata or as ordered.

Effective for cases filed on or after February 1, 2025, the arbitrator's hourly fee is $250. The maximum total arbitration fee is $2000, which shall be divided pro rata among the original parties or in accordance with the order of the arbitrator.

CRITICAL

Applies to

Arbitration fee reimbursement

Reimbursement above a party's pro rata share of the maximum arbitration fee is payable only if the arbitrator obtains and submits the additional-fee authorization order with the required documents.

Reimbursement of any fees that exceed a party’s pro rata share of the total maximum arbitration fee set forth in SLR 13.121(1) will only be paid if the arbitrator has obtained and provided a copy of the order described in SLR 13.121(4) with the documents required in subsection (3) above.

WARNING

Indigent parties may apply to defer or waive visitor fees when filing the petition.

(1) In accordance with ORS 125.170(3), indigent parties may seek deferral or waiver of visitor fees by applying at the time of filing the Petition. Applications are available at the Court Help Desk in the Public Service Center on the first floor of the Clackamas County Circuit Court. The fee deferral/waiver application, declaration, and order must be submitted to the Clackamas County Circuit Court, Collections Unit, in accordance with SLR 2.025.

WARNING

Fees for the required class are costs of administration and may be waived or deferred at the court’s discretion.

(5) Fees for the court-required class shall be considered a cost of administration of the protective proceeding, estate or trust. The fee for the court-required class may be waived or deferred in the court’s discretion, in keeping with the court’s policy of fee waiver and deferrals.

WARNING

If funds are available and the court granted a fee deferral or waiver, the visitor is reimbursed after completing visitor duties and submitting a payment request.

(3) In the event funds are available under ORS 125.170(3) and a fee deferral or waiver has been granted by the court, the visitor shall be reimbursed after completion of visitor duties and a submission of a request for payment to the Trial Court Administrator for Clackamas County Circuit Court.

WARNING

Applies to

Education program

Each party must pay the provider-determined program fee, which may be waived if the court has granted an indigency application for court fees in the pending matter.

Each party shall pay a fee determined by the program provider to cover program costs. The fee may be waived if the court has granted an application for indigency as to court fees for the matter pending before the court.

WARNINGCriminal cases

Applies to

Electronic payment transaction fee

Oregon ADSS is authorized to charge an electronic payment transaction fee of 3.75% on all transactions.

IT IS HEREBY ORDERED, that Oregon Evaluation Services, LLC DBA Oregon ADSS is authorized to charge the following fees in addition to those set forth above: - 1. Electronic payment transaction fee of 3.75% on all transactions.

WARNING

Applies to

Arbitration cancellation

If a hearing is cancelled fewer than 14 days before its date, the arbitrator may retain the greater of $500 per party or compensation for time actually spent at $250 per hour.

If the hearing is cancelled fewer than fourteen (14) days prior to the arbitration hearing date, the arbitrator is entitled to retain the greater of $500 per party or compensation for the time actually spent by the arbitrator paid at the rate of $250 per hour.

WARNING

Fee-waiver and deferral forms are available at the Court Help Desk or online, and requests for the listed fees may be submitted to the Collections Unit in person, by mail, or electronically.

Waiver or Deferral of Fee request forms may be obtained from the Court Help Desk in the Public Service Center on the first floor of the courthouse or downloaded from the court’s website: https://www.courts.oregon.gov/courts/clackamas, and going to the “Local and Statewide Forms” page. Waiver and deferral requests for all court filing, arbitration, settlement conference and trial fees may be submitted to the Collections Unit in person, through the mail, or electronically through the court’s eFiling system.

WARNING

Applies to

Arbitration

After concluding that a case required extraordinary effort and time, the arbitrator may seek the parties' agreement to fees above $2,000 or, if they do not agree, seek a court order authorizing additional fees.

In accordance with UTCR 13.120(1), if, at the conclusion of the case, the arbitrator determines that the case required extraordinary effort and time, the arbitrator may seek the parties’ agreement for a fee in excess of the $2000 maximum fee. If the parties do not agree that additional fees are warranted, the arbitrator may seek an order from the judge assigned to oversee arbitration matters at the court authorizing additional fees.

WARNINGCriminal cases

Fee

150

Applies to

ADSS screening fee

Oregon ADSS is authorized to charge clients granted diversion or convicted of DUII a $150 screening fee.

Whereas, Oregon Evaluation Services, LLC DBA Oregon ADSS is authorized to charge the following fees for clients granted diversion or convicted of DUII: - 1. ADSS Screening fee - $150.00, pursuant to ORS 813.021 and

WARNING

Applies to

Arbitration cancellation

If a hearing is cancelled 14 or more days before its date, the arbitrator may retain the greater of $250 per party or compensation for time actually spent at $250 per hour, and must refund excess deposits.

If an arbitration hearing is cancelled fourteen (14) days or more from the arbitration hearing date, the arbitrator is entitled to retain the greater of $250 per party or compensation for the time actually spent by the arbitrator paid at the rate of $250 per hour. Any arbitrator fee deposit in excess of these amounts must be refunded to the parties in accordance with UTCR 13.120(2).