Multnomah County Circuit Court Filing Fees and Waivers

Most initial filings require a filing fee paid before a case number is assigned; fee deferral/waiver is available for those who cannot pay; the court accepts cash, money orders, VISA, or MasterCard.

Most initial filings in cases require payment of a filing fee. These fees must be paid before a case number is assigned. If a party cannot pay due to financial limitations, the party should apply for a fee deferral/waiver. See Section C, below. For those able to pay, the court accepts cash, money orders, VISA, or Master Card. Checks should be made to 'State of Oregon.'

A separate check or credit card transaction is required for each conventionally filed case; documents may be returned if the fee or waiver order does not accompany them; filing fees are not refundable.

If multiple separate cases are filed using conventional filing, a separate check or credit card transaction is required for each case. A document may be returned (or rejected in file and serve) and not filed if the fee or an order waiving or deferring the fees does not accompany the document. SLR 2.015(1)(b). Chapter 21 of the Oregon Revised Statutes lists all the court fees. Filing fees are not refundable under any circumstances. ORS 21.100.

Documents may be rejected if no fee is paid, the fee is incorrect, required information is not in the caption, or an incorrect party responsible for the fee is entered.

If there is no fee paid by the filer where one is required, or the fee is incorrect as to type or amount, the information required by ORS 21.105 is not in the caption, or an incorrect 'party responsible for the filing fee' entered, the document and possibly the entire eFiling envelope may be rejected by the clerk under the adopted Standards for Acceptance.

Fee

$139

Trial and hearing fees must be paid before the trial or hearing begins; trial fees are $139/day for a bench trial and $167/day for a jury trial.

Trial fees and hearing fees must be paid prior to the beginning of the trial or hearing. SLR 6.025. Currently, trial fees are $139 a day or partial day for a bench trial; $167 a day or partial day for a [jury trial].

Fee waiver/deferral applications must be filed as conventional paper filings, even for e-filing parties.

Applying for a fee waiver or deferral is a conventional, paper process, even if the party is using eFiling. Chief Justice Order 14-036 requires that all applications for a fee waiver or a fee deferral must be prepared and filed as a conventional filing.

Applies to

Third party complaint

A third-party plaintiff must pay a filing fee when filing a complaint that adds a new party.

A filing fee is required from a third-party plaintiff who files a complaint which adds an additional individual or entity into the case.

Applies to

Appearance

A third-party defendant must pay the filing fee upon first appearance in the action.

When a third-party defendant files an appearance in a civil action or proceeding in circuit court, and defendant has not already appeared in the action or proceeding, the defendant must pay the filing fee.

Hearing fees must be paid at the time the motion is filed.

Hearing fees must be paid at the time the motion is filed. ORS 21.200.

Applies to

Case filing

The attorney must file the case at the cashier's window and pay the filing fee after the order is signed.

Once the order has been signed, the attorney should file the case at the cashier's window and pay the filing fee. A circuit court case number will then be assigned.

Fees for e-filed documents are authorized by credit card or eCheck; the clerk reviews the filing to ensure the correct fee was applied based on the caption.

Fees processed under File & Serve will be authorized by the credit card on file or eCheck. The clerk reviewing the File & Serve filing will review the filing to ensure the correct fee was applied according to the OJD Fee Schedule. Generally, the clerk bases this on the caption of the document stating the statute that sets the filing fee for the proceedings. If it is a case governed by ORS 21.160 it must state the amount in controversy. The clerk does not read the body of the document. The clerk also ensures that the 'party responsible for fees' is the party eFiling the document.

Applies to

Appeal bond

Appeal bonds must be filed with the cashier and cannot be paid via File & Serve.

An undertaking on appeal for costs or a supersedeas undertaking must be filed with the cashier. There is no way to pay for these appeal bonds using File & Serve.

Deferred fees become due 30 days after judgment or final disposition of the case.

Unless otherwise ordered by the court, deferred fees become due thirty (30) days after judgment or final disposition of the case, including dismissal.

After final disposition, the party must appear at ex parte for a final waiver of fees; failure may result in outstanding fees being entered as a judgment.

After a final disposition in the case, the party must appear at ex parte for a final waiver of fees. Failure to do so may result in any outstanding fees being entered as a judgment against the non-paying party.

Unpaid deferred fees trigger a letter requiring payment within 10 days, then referral to the Department of Revenue or a collection agency.

Approximately forty-five (45) days after the fees are due, if the deferred amount has not been paid, the court will send a letter to the party indicating that the fees must be paid within ten (10) days. If the fees are not paid as required, the court will turn the account over to the Department of Revenue or a private collection agency for collection; all further contact regarding the payment of the deferred fees should be made with the Department of Revenue or collection agency and not the court.

Applies to

Trial fee

Trial fees may be reimbursed if all claims are decided without a trial; requires a motion with affidavit filed within 15 days of judgment.

Trial fees may be reimbursed if all claims in the action or proceeding are decided without the commencement of a trial. The court's authority to reimburse trial fees is provided by ORS 21.225. A refund requires a motion, supported by an affidavit, requesting an order allowing the reimbursement. This should be presented in person at ex parte. The motion must be filed not more than fifteen (15) days after entry of judgment disposing of the action or proceeding. All reimbursements are made by mail, and, if the underlying payment was made by check, no reimbursement will be mailed until at least three weeks have passed since the date of receipt of the payment.

Applies to

Writ of review

A writ of review petitioner is assigned a case number after paying the filing fee.

The petitioner will then be assigned a case number after paying the filing fee.

Applies to

Appearance

A copy or separate document and any required filing fee must be filed in each other case under a consolidation order.

A copy or separate document, together with any required filing fee, must be filed in each other case under an order of consolidation.

Applies to

Certified copy of writ

Certified copy fees for a writ must be paid to the Cashier, not through the eFiling envelope.

You must contact the Cashier to pay fees for a certified copy of your writ if you need one, as these fees cannot be paid in an eFiling envelope. Please make a comment in your eFiling envelope that you have done this.

Each filing fee in a File & Serve envelope is assessed against the credit card separately when accepted.

In File & Serve, there may be more than one document with a filing fee payment required in the same envelope. Each filing fee will be assessed against the credit card separately when the document is accepted for filing.

Fee

$111

Applies to

Motion

Most ex parte motions have no fee, but an uncontested motion for relief from judgment under ORCP 71 is subject to a $111 fee.

Currently, there is no specific fee for most ex parte motions. However, certain motions heard during ex parte are subject to a fee, such as an uncontested motion for relief from judgment under ORCP 71, which is subject to a $111 fee under ORS 21.200(1)(d).

Fee

$111

Applies to

Settlement conference

Judicial settlement conference fees range from $111 to $223.

Fees for judicial settlement conferences range from $111 to $223. ORS 21.215(1) and (3).

Fee deferral/waiver is case-specific and requires reapplication for each new case.

A Fee Deferral/Waiver is case specific, and the party seeking deferral must reapply for each new case.

Filing fees are generally not refundable under any circumstances.

Ordinarily, "[f]iling fees are not refundable under any circumstances. . . ." ORS 21.100.

Applies to

Foreign subpoena registration

There is no cost for registering a foreign subpoena, but filing or motion fees may be assessed if discovery becomes contentious.

Currently, there is no cost for this service. However, if the discovery becomes contentious and motions are filed, then the court may assess a filing fee or motion fees.