ORS § 105.137

Current through 2024 Regular Session legislation effective April 17, 2024

Section 105.137 - Effect of failure of party to appear; attorney fees; judgment of dismissal; scheduling of trial; unrepresented defendant

In the case of a dwelling unit to which ORS chapter 90 applies:

(1) A default judgment shall be entered in favor of the plaintiff for possession of the premises and costs and disbursements only if:

(a) The plaintiff appears and the defendant fails to appear at the first appearance;

(b) The court determines that the complaint complies with ORS 105.115 and 105.124 and is sufficient to state a cause of action for possession; and

(c) The plaintiff testifies under oath or submits an affidavit or declaration under penalty of perjury stating that, as of the date of the testimony:

(A) The plaintiff does not have knowledge that the defendant has delivered possession to the plaintiff as described in ORS 90.147 (2); and

(B) The plaintiff reasonably believes that the defendant remains in possession of the premises.

(2) If the defendant appears and the plaintiff fails to appear at the first appearance, a default judgment shall be entered in favor of the defendant dismissing the plaintiff's complaint and awarding costs and disbursements.

(3) An attorney at law shall be entitled to appear on behalf of any party, but attorney fees may not be awarded to the plaintiff if the defendant does not contest the action.

(4) If the plaintiff dismisses the action before the first appearance, a judgment of dismissal shall be entered in favor of the defendant dismissing the plaintiff's complaint and awarding costs and disbursements. The defendant may not recover attorney fees for prejudgment legal services provided after the delivery of written notice of the dismissal by the plaintiff to the defendant, or to an attorney for the defendant, in the manner provided under ORS 90.155.

(5) The plaintiff or an agent of the plaintiff may obtain a continuance of the action for as long as the plaintiff or the agent of the plaintiff deems necessary to obtain the services of an attorney at law.

(6) If both parties appear in court on the date contained in the summons, the court shall set the matter for trial unless the court is advised by the parties that the matter has been settled. The trial shall be scheduled:

(a) For a claim based on nonpayment, as defined in ORS 90.395, no earlier than 15 days, and no later than 30 days, following the appearance; or

(b) For any other claim, as soon as practicable and no later than 15 days from the date of the appearance.

(7) If the matter is not tried within the period described in subsection (6) of this section, and the delay in trial is not attributable to the landlord, the court shall order the defendant to pay rent that is accruing into court, provided the court finds after hearing that entry of such an order is just and equitable.

(8)

(a) The court shall permit an unrepresented defendant to proceed to trial by directing the defendant to file an answer in writing on a form which shall be available from the court clerk, and to serve a copy upon the plaintiff on the same day as first appearance.

(b) The answer shall be in substantially the following form:

______________________________________________________________________________

IN THE _________ COURT FOR

THE COUNTY OF ____________

(Landlord),	)
)
Plaintiff(s),	)
)
vs.	)	No.___
)
(Tenant),	)
)
Defendant(s).	)

ANSWER

I (we) deny that the plaintiff(s) is (are) entitled to possession because:

__ The landlord did not make repairs.

List any repair problems: ________

________________________

________________________

__ The landlord is attempting to evict me (us) because of my (our) complaints (or the eviction is otherwise retaliatory).

__ The landlord is attempting to evict me because of my status as a victim of domestic violence, sexual assault, bias crime or stalking.

__ The eviction notice is wrong.

__ List any other defenses: _________

________________________

________________________

________________________

________________________

I (we) may be entitled as the prevailing party to recover attorney fees from plaintiff(s) if I (we) obtain legal services to defend this action pursuant to ORS 90.255.

I (we) ask that the plaintiff(s) not be awarded possession of the premises and that I (we) be awarded my (our) costs and disbursements and attorney fees, if applicable, or a prevailing party fee.

________ ______________

Date Signature of defendant(s)

______________________________________________________________________________

(9) If an unrepresented defendant files an answer as provided in subsection (8) of this section, the answer does not limit the defenses available to the defendant at trial under ORS chapter 90. If such a defendant seeks to assert at trial a defense not fairly raised by the answer, the plaintiff is entitled to a reasonable continuance for the purposes of preparing to meet the defense.

ORS 105.137

Amended by 2023 Ch. 549,§ 4, eff. 1/1/2024.

Amended by 2023 Ch. 13, § 63, eff. 3/29/2023.

1975 c.256 §13; 1979 c.765 §5; 1979 c.854 §3; 1981 c.753 §12; 1989 c.506 §19; 1997 c.577 §34; 2005 c. 391, § 33; 2007 c. 508, § 14