Rule 4.120 - MOTIONS TO REDUCE OR MODIFY OUTSTANDING COURT-ORDERED FINANCIAL OBLIGATIONS(1) As used in this rule: "Reduction-Eligible Court-Ordered Financial Obligations" means any fines, fees, costs, or court-appointed attorney fees imposed by the court in a final criminal judgment of conviction or a judgment finding a person in contempt of court that a defendant has failed to pay in full as ordered by the court. "Reduction-eligible court-ordered financial obligations" does not include compensatory fines imposed pursuant to ORS 137.101 or restitution awards as defined in ORS 137.103.
(2) After the time for filing a notice of appeal under ORS 138.071, if the case is not pending on appeal, a person with outstanding reduction-eligible court-ordered financial obligations may file a motion in the criminal case requesting that the court reduce, modify, or waive unpaid fines, fees, and costs, including court-appointed attorney fees, as provided in ORS 161.685(5), ORS 161.665(5), ORS 151.487(5), ORS 151.505(4)(a), or other applicable legal authority. Notice must be provided to the prosecuting attorney by service or first-class mail. The motion must include the following: (a) The statutory or other legal authority for the motion;(b) Information showing that the person's circumstances satisfy the legal criteria for the relief requested.(3) Any response to the motion must be served and filed not more than 28 days after notice under subsection (2) of this rule, or the date of filing the motion, whichever occurs latest. Upon good cause shown, the court may allow a late filing. Notwithstanding UTCR 4.050, the court may hold a hearing on the motion or may decide the motion without a hearing after the time for filing a response to the motion has expired.(4) If the court orders the reduction, modification, or waiver of some or all of the person's unpaid fines, fees, or costs, the court shall enter an appropriate supplemental judgment.Or. Uni. Trial. Ct. R. 4.120
Adopted June 10, 2022, effective 8/1/2022.