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Oregon Revised Statutes

Or. Rev. Stat. § 105.140 (2026)

Continuance

✓ current as of May 2026
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      105.140 Continuance. No continuance shall be granted to a defendant for a longer period than two days unless:

      (1) The defendant gives an undertaking to the adverse party with good and sufficient security, to be approved by the court, conditioned for the payment of the rent that may accrue if judgment is rendered against the defendant; or

      (2) In an action for the recovery of the possession of a dwelling unit to which ORS chapter 90 applies, the court orders a defendant to pay rent into court as it becomes due from the commencement of the action until entry of a general judgment in the action. If a defendant fails to pay rent into court as ordered under this subsection, the action shall be tried forthwith. [Amended by 1973 c.559 §36; 1977 c.365 §2; 1979 c.854 §4; 2003 c.576 §237]

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1970–2021 · leading case: Lindsey v. Normet, 405 U.S. 56 (1972).
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Lindsey v. Normet, 405 U.S. 56 (1972). · cites it 2× “[16] Oregon's continuance bond, Ore. Rev. Stat. § 105.140, serves the same function: "No continuance shall be granted for a longer period than two days unless the defendant applying therefore gives an undertaking to the adverse party with good and sufficient security, to be…”
Owen J. Jones & Son, Inc. v. Gospodinovic, 610 P.2d 1238 (Or. Ct. App. 1980). · cites it 5× “145 [sic: see ORS 105.140] continuance bond filed by the tenant if the pretrial delay is over six days provides security for this rent, or such rent may be recovered as back rent in the [ORS] 91.”
Timmermann v. Herman, 422 P.3d 347 (Or. Ct. App. 2018). · cites it 2× “370(5) provides, "When a tenant is granted a continuance for a longer period than two days, and has not been ordered to pay rent into court under subsection (1) of this section, the tenant shall be ordered to pay rent into court under ORS 105.140(2)." 4 That provision indicates…”
Napolski v. Champney, 667 P.2d 1013 (Or. 1983). · cites it 2× “ORS 105.140; ORS 91.810(4). In sum, we conclude that because defendant here had asserted a valid counterclaim against plaintiff under the ORLTA and had tendered into court sufficient funds to cover the rent that was ultimately adjudged due plaintiff, under ORS 91.”
Grove v. Hindquarter Corp., 609 P.2d 840 (Or. Ct. App. 1980). · cites it 2× “ORS 105.140(1). The statutory form of verdict and judgment if the action is tried by a jury provides that if the jury finds the complaint true, they shall render a general verdict of "guilty"; if not true, of "not guilty.”
Class v. Carter, 645 P.2d 536 (Or. 1982). “ORS 105.140. The jury renders a verdict of “guilty” if they “find the complaint true”; “not guilty” if they find the complaint “not true.”
Bunch v. Lowry, 496 P.3d 660 (Or. Ct. App. 2021). “ORS 105.140 (setting forth requirements for granting continuances to defen- dants longer than two days in FED actions).”
Lexton-ancira, Inc. v. Kay, 522 P.2d 875 (Or. 1974). · cites it 2× “In any event, the granting or denial of a continuance is ordinarily within the discretion of the trial court and no abuse of such discretion was shown in this case.”
Marquam Inv. Corp. v. Beers, 615 P.2d 1064 (Or. Ct. App. 1980). “"(4) When a tenant is granted a continuance for a longer period than two days, and has not been ordered to pay rent into court under subsection (1) of this section, the tenant shall be ordered to pay rent into court under subsection (2) of ORS 105.140. Oregon Laws 1979, ch 854,…”
Pratt v. McNally-Rathbone, Inc., 658 P.2d 516 (Or. Ct. App. 1983). “The parties stipulated that, in lieu of the bond required of lessee as a condition of a continuance under ORS 105.140(1), payments of rent due under the lease would be deposited in lessor’s attorney’s trust fund account.”
First Interstate Bank v. Broadway Mall, Inc., 682 P.2d 821 (Or. Ct. App. 1984). “140(1) provides, however, that in an FED action the court shall not grant a continuance for longer than two days, unless “the defendant gives an undertaking to the adverse party with good and sufficient security, * * * conditioned for the payment of the rent that may accrue if…”
Edwards v. Fenn, 768 P.2d 942 (Or. Ct. App. 1989). “145, and for the amount of the continuance bond posted under ORS 105.140(1) which secured payment of rent accruing during the continuance.”
Show all 13 citing cases →
— Or. Rev. Stat. § 105.140(1) — 5 cases
Owen J. Jones & Son, Inc. v. Gospodinovic, 610 P.2d 1238 (Or. Ct. App. 1980). “145 [sic: see ORS 105.140] continuance bond filed by the tenant if the pretrial delay is over six days provides security for this rent, or such rent may be recovered as back rent in the [ORS] 91.”
Grove v. Hindquarter Corp., 609 P.2d 840 (Or. Ct. App. 1980). “ORS 105.140(1). The statutory form of verdict and judgment if the action is tried by a jury provides that if the jury finds the complaint true, they shall render a general verdict of "guilty"; if not true, of "not guilty.”
Pratt v. McNally-Rathbone, Inc., 658 P.2d 516 (Or. Ct. App. 1983). “The parties stipulated that, in lieu of the bond required of lessee as a condition of a continuance under ORS 105.140(1), payments of rent due under the lease would be deposited in lessor’s attorney’s trust fund account.”
First Interstate Bank v. Broadway Mall, Inc., 682 P.2d 821 (Or. Ct. App. 1984). “140(1) provides, however, that in an FED action the court shall not grant a continuance for longer than two days, unless “the defendant gives an undertaking to the adverse party with good and sufficient security, * * * conditioned for the payment of the rent that may accrue if…”
Edwards v. Fenn, 768 P.2d 942 (Or. Ct. App. 1989). “145, and for the amount of the continuance bond posted under ORS 105.140(1) which secured payment of rent accruing during the continuance.”
— Or. Rev. Stat. § 105.140(2) — 2 cases
Timmermann v. Herman, 422 P.3d 347 (Or. Ct. App. 2018). “370(5) provides, "When a tenant is granted a continuance for a longer period than two days, and has not been ordered to pay rent into court under subsection (1) of this section, the tenant shall be ordered to pay rent into court under ORS 105.140(2)." 4 That provision indicates…”
Napolski v. Champney, 667 P.2d 1013 (Or. 1983). “ORS 105.140; ORS 91.810(4). In sum, we conclude that because defendant here had asserted a valid counterclaim against plaintiff under the ORLTA and had tendered into court sufficient funds to cover the rent that was ultimately adjudged due plaintiff, under ORS 91.”
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