IN THE SUPREME COURT OF THE STATE OF OREGON

I HEREBY ORDER, pursuant to Oregon Laws 2007, chapter 860, section 29 (ORS 21.125), that:

1. CJO 07-055, dated December 18, 2007, is fully superseded by this order.

2. Circuit Courts: �The following motions, filed in any civil action, suit, or proceeding subject to a fee under ORS 21.110, shall be subject to the statutory fees identified in this order:

a. ORCP 21 motions to dismiss, make more definite and certain, strike, and quash (such ORCP 21 motions filed jointly, in any combination, in one document are subject to one fee)

b. ORCP 46 motions to compel discovery

c. ORCP 47 motions for summary judgment

d. ORCP 63 motions for judgment notwithstanding the verdict (JNOV) or reconsideration

e. ORCP 64 motions for new trial or reconsideration

f. Motions to reconsider rulings on the motions identified in this order

3. Court of Appeals and Supreme Court: �The following motions, filed in any civil appeal or petition subject to a fee under ORS 21.010, shall be subject to the statutory fees identified in this order:

a. Motions to dismiss filed by a respondent

b. Motions to determine jurisdiction

4.�A party shall pay the statutory fee of $50 at the time the party files a motion identified in this order.

5.�A party shall pay the statutory fee of $35 at the time the party files a response to a motion identified in this order.

6. The statutory fees for the motions identified in this order may not be collected from the state, a county, a city, or a school district.

7. The statutory fees for the motions identified in this order may not be collected for motions made to an arbitrator or mediator in an arbitration or mediation required or offered by a court, or to any motion relating to an arbitration or mediation required or offered by a court.

8. This order takes effect on April 1, 2008.

DATED this 17th day of March, 2008.

Paul J. De Muniz
Chief Justice

New Fees for Certain Civil Motions Effective 4/1/08 [This is a revised date]

In 2007, Oregon's legislature authorized Oregon's Chief Justice to establish filing fees for civil motions in state courts (see HB 2331, section 29). The Chief Justice appointed a committee to recommend which motions should be subject to a filing fee. The committee focused on those motions frequently used by lawyers (as opposed to parties who represent themselves) that tend to require significant judge time. It consulted trial and appellate courts throughout Oregon and made recommendations to the Chief Justice.

The president of the Oregon State Bar (OSB) requested a delay of the implementation date of the motion fees so that the OSB membership could submit comment. The Chief Justice delayed implementation until April 1, 2008.

After considering the comments submitted by the OSB membership, the Chief Justice signed Chief Justice Order 08-015, which establishes filing fees for the following trial and appellate motions and responses filed in civil cases in state courts on or after April 1, 2008. The fees apply only to those cases subject to a fee under ORS 21.010 and 21.110. The fees do not apply to juvenile, postconviction, habeas corpus, and involuntary commitment cases.

Motion Filing Fee -- $50

Response Filing Fee -- $35

Courts may not collect the fee

from the state, a county, a city, or a school district, or

for motions made in court-annexed arbitration or mediation.

Please contact Bruce Miller (503.986.5500) if you have questions or comments.

Circuit court motions and responses that require a filing fee on or after April 1, 2008

ORCP 21 motions to dismiss, make more definite and certain, strike, and quash (such ORCP 21 motions filed jointly, in any combination, in one document are subject to one fee)

ORCP 46 motions to compel discovery

ORCP 47 motions for summary judgment

ORCP 63 motions for judgment notwithstanding withstanding the verdict (JNOV) or reconsideration

ORCP 64 motions for new trial or reconsideration

Motions to reconsider rulings on the motions identified in CJO 08-015

Appellate court motions and responses that require a filing fee on or after April 1, 2008

Motions to dismiss filed by a respondent

Motions to determine jurisdiction