105.130 How
action conducted; fees.
(1) Except as provided in this section and ORS 105.135, 105.137 and 105.140 to
105.161, an action pursuant to ORS 105.110 shall be conducted in all respects
as other actions in courts of this state.
(2) Upon filing a
complaint in the case of a dwelling unit to which ORS chapter 90 applies, the
clerk shall:
(a) Collect a
filing fee of $88;
(b) Collect any
other fee authorized by law or ordinance; and
(c) With the
assistance of the plaintiff or an agent of the plaintiff, complete the
applicable summons and provide to the plaintiff or an agent of the plaintiff
sufficient copies of the summons and complaint for service.
(3) The court
shall collect a filing fee of $88 from a defendant that demands a trial under
this section.
(4) An action
pursuant to ORS 105.110 shall be brought in the name of a person entitled to
possession as plaintiff. The plaintiff may appear in person or through an
attorney. In an action to which ORS chapter 90 applies, the plaintiff may also
appear through a nonattorney who is an agent or employee of the plaintiff or an
agent or employee of an agent of the plaintiff.
(5)
Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a state agency may appear
in an action brought pursuant to ORS 105.110 through an officer or employee of
the agency if:
(a) The Attorney
General consents to the representation of the agency by an officer or employee
in the particular action or in the class of actions that includes the
particular action; and
(b) The agency,
by rule, authorizes an officer or employee to appear on its behalf in the
particular type of action being conducted.
(6) An action
brought under ORS 105.110 by a person entitled to possession of premises on the
basis of circumstances described in ORS 105.115 (1)(d), (e), (f) or (h) is
subject to the filing fees and other court or sheriff fees applicable to an
action concerning a dwelling unit that is subject to ORS chapter 90. The
procedure under ORS 105.100 to 105.168 that is applicable to an action
concerning a dwelling unit subject to ORS chapter 90 shall also apply to an
action brought under ORS 105.115 (1)(d), (e), (f) or (h), except that the
complaint must be in the form prescribed in ORS 105.126. [Amended by 1975 c.256
§10; 1977 c.877 §15; 1979 c.284 §94; 1981 c.753 §10; 1983 c.581 §1; 1985 c.588 §16;
1987 c.829 §5; 1991 c.92 §1; 1993 c.369 §17; 1995 c.273 §17; 1997 c.801 §34;
2003 c.737 §§47,48; 2005 c.702 §§53,54,55; 2007 c.493 §§8,18b; 2007 c.860 §8;
2009 c.638 §2; 2011 c.595 §55; 2013 c.685 §§37,37a; 2014 c.76 §11; 2017 c.663 §9;
2019 c.605 §10; 2025 c.356 §5]
Notes of Decisions
BALBOA APARTMENTS v. Patrick (2011)
or · cites it 5×
“ORS 105.130 (2010) 1 first requires the payment of a filing fee upon the filing of a complaint: “2.”
Balboa Apartments v. Patrick (2010)
orctapp · cites it 7×
““(2) At the time the clerk collects the filing fee under ORS 105.130, the clerk shall enter the first appearance date on the summons.”
Bank of New York Mellon v. Lash (2020)
orctapp
“ORS 105.130(6) provides that, in non- RLTA cases, “the complaint must be in the form prescribed in ORS 105.”
Hart v. Hill (2009)
orctapp
“ORS 105.130(1) provides that, unless otherwise specified, FED actions “shall be conducted in all respects as *616 other actions in courts of this state.”
South State Investment Co. v. Brigum (1980)
or · cites it 4×
“At the time this action was filed, ORS 105.130 and 105.135 set out the requirements for the preparation and service of summons in FED actions as follows: ORS 105.”
South State Investment Co. v. Brigum (1979)
orctapp
“As such, and because of the provisions of ORS 105.130, we hold that such proceedings * * * are not subject to provisions of the general statutes relating to service of process * * (Citations omitted.”
Wong v. Gittings (2016)
orctapp
“To resolve that dispute, we first explained that ORCP 69 was, in fact, the applicable rule: “ORS 105.130(1) provides that, unless otherwise specified, FED actions ‘shall be conducted in all respects as other actions in courts of this state.”
— Or. Rev. Stat. § 105.130(1) — 4 cases
BALBOA APARTMENTS v. Patrick (2011)
or
“ORS 105.130 (2010) 1 first requires the payment of a filing fee upon the filing of a complaint: “2.”
Hart v. Hill (2009)
orctapp
“ORS 105.130(1) provides that, unless otherwise specified, FED actions “shall be conducted in all respects as *616 other actions in courts of this state.”
Balboa Apartments v. Patrick (2010)
orctapp
““(2) At the time the clerk collects the filing fee under ORS 105.130, the clerk shall enter the first appearance date on the summons.”
Wong v. Gittings (2016)
orctapp
“To resolve that dispute, we first explained that ORCP 69 was, in fact, the applicable rule: “ORS 105.130(1) provides that, unless otherwise specified, FED actions ‘shall be conducted in all respects as other actions in courts of this state.”
— Or. Rev. Stat. § 105.130(2) — 2 cases
Balboa Apartments v. Patrick (2010)
orctapp
““(2) At the time the clerk collects the filing fee under ORS 105.130, the clerk shall enter the first appearance date on the summons.”
South State Investment Co. v. Brigum (1980)
or
“At the time this action was filed, ORS 105.130 and 105.135 set out the requirements for the preparation and service of summons in FED actions as follows: ORS 105.”
— Or. Rev. Stat. § 105.130(2)(a) — 2 cases
BALBOA APARTMENTS v. Patrick (2011)
or
“ORS 105.130 (2010) 1 first requires the payment of a filing fee upon the filing of a complaint: “2.”
Balboa Apartments v. Patrick (2010)
orctapp
““(2) At the time the clerk collects the filing fee under ORS 105.130, the clerk shall enter the first appearance date on the summons.”
— Or. Rev. Stat. § 105.130(6) — 1 case
Bank of New York Mellon v. Lash (2020)
orctapp
“ORS 105.130(6) provides that, in non- RLTA cases, “the complaint must be in the form prescribed in ORS 105.”
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