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Cases that Require Fees

The following Original Proceeding or Direct Review case types require a filing or first appearance fee ($391.00) to be paid in the Oregon Supreme Court (ORS 21.010; 21.025)(HB 2795):

  • Appeal from Oregon Tax Court
  • Appeal from Oregon Armed Forces Court of Appeals
  • Appeal from Oregon Circuit Court
  • Appeal from Marion County Circuit Court Challenging Validity of Recently Approved Initiative or Referendum Measure (ORS 250.044)
  • Judicial Review of Orders of Certain State Agencies
    • Energy Facility Council
    • Nuclear Facility Siting Council
    • Department of Geology and Mineral Industries
  • Ballot Measure Review
    • Ballot Title
    • Explanatory Statement
    • Financial Impact Estimate
  • Certified Question of Law (from federal court or court of another state)
  • Special Legislatively Authorized Review
    • Examples (but not necessarily limited to these case types)
      • Challenges to PERS legislation in 2003
      • Challenges to siting of correctional facilities (ORS 421.630)
  • Petitions for Writs under Oregon Supreme Court’s original jurisdiction
    • Writ of Mandamus
    • Writ of Habeas Corpus
    • Writ of Quo Warranto
  • Reapportionment Review

Excluded (case types that do not require a filing fee)

  • Petition for Review of Court of Appeals decision
  • Appeals from Circuit court in Criminal Cases
    • Aggravated Murder Cases in which Death Penalty Imposed
    • State Appeals of Certain Pretrial Orders in Murder / Aggravated Murder Cases
    • Victims’ Rights Challenges on Direct Review
  • Practice of Law Cases
    • Contested Admission
    • Attorney Discipline
  • Judicial Fitness and Disability Cases

The following case types require a filing or first appearance fee ($391.00) to be paid in the Oregon Court of Appeals (ORS 21.010; 21.025)(HB 2795):

  • Civil Cases from Circuit Court
    • Examples (but not limited to these case types)
      • Domestic Relations
      • Property Disputes
      • Torts (such as negligence)
      • Breach of contract
      • Remedial Contempt (ORS 33.055)
      • Civil Stalking
    • Excluded (case types that do not require a filing fee)
      • Habeas Corpus
      • Post-Conviction Relief
      • Juvenile Court
      • Involuntary Commitment
      • Punitive Contempt
  • Traffic and Other Violations from Circuit Courts, Municipal Courts, and Justice Courts of Record
  • Judicial Review of State Agency Decisions
    • Examples (but not limited to these state agencies)
      • Employment Appeals Board (unemployment compensation cases)
      • Employment Department (employment tax cases)
      • Workers’ Compensation Board
      • Land Use Board of Appeals
      • Construction Contractors Board
      • Motor Vehicle Division
      • Occupational Licensing Agencies
    • Excluded (case types that do not require a filing fee)
      • Board of Parole and Post-Prison Supervision
      • Psychiatric Security Review Board
      • Oregon Health Authority (as to a person found to be guilty but insane)
  • Judicial Review of State Administrative Rules

In any of the above listed case types that are subject to a filing fee under ORS 21.010, a $53.00 fee must be paid by the party filing any of the motions listed below. A $53.00 filing fee must also be paid by the party responding to the motion (ORS 21.025) (HB 2795):

  • Motion to dismiss filed by a respondent
  • Motion to determine jurisdiction
  • Motion for continuance
  • Motion for an extension of time (for the filing of a brief or any other document)