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Oregon Revised Statutes

Or. Rev. Stat. § 153.102 (2026)

Entry; default cases

✓ current as of May 2026
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      153.102 Entry; default cases. (1) If the defendant in a violation proceeding does not make a first appearance in the manner required by ORS 153.061 within the time allowed, and a trial is not otherwise required by the court or by law, the court may enter a default judgment based on the complaint and any other evidence the judge determines appropriate.

      (2) If the defendant makes a first appearance in the manner required by ORS 153.061 within the time allowed and requests a trial, and the defendant subsequently fails to appear at the date, time and place set for any trial or other appearance in the matter, and if a trial is not otherwise required by the court or by law, the court shall enter a judgment based on the complaint and any other evidence the judge determines appropriate. [1999 c.1051 §24]

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2002–2024 · leading case: State v. Dahl, 87 P.3d 650 (Or. 2004).
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State v. Dahl, 87 P.3d 650 (Or. 2004). ““(G) If the person named as the registered owner of a vehicle in the current records of the Department of Transportation fails to respond to a citation issued under this subsection, a default judgment under ORS 153.102 may be entered for failure to appear after notice has been…”
City of Eugene v. Morrison, 333 Or. App. 730 (Or. Ct. App. 2024). · cites it 7× “ORS 153.102 authorizes a municipal court to enter a default judgment based on the complaint where (1) a defendant 734 City of Eugene v.”
State v. King, 111 P.3d 1146 (Or. Ct. App. 2005). “105 (2001) could apply when a defendant in a violation proceeding has failed to appear as required by the citation: “If a default judgment is entered against a defendant under ORS 153.102, the court may relieve a defendant from the judgment upon a showing that the failure of the…”
State v. Warner, 153 P.3d 674 (Or. 2007). · cites it 2× “See ORS 153.102(1). 4 The court also issued an arrest warrant for defendant’s failure to appear with respect to the criminal DUII and reckless driving charges.”
State v. Page, 113 P.3d 447 (Or. Ct. App. 2005). · cites it 2× “566(3) (2001) provides: “If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, and the defendant fails to make any required appearance in the matter, the court may enter a default judgment against the defendant in the manner provided…”
State v. Worthington, 296 P.3d 624 (Or. Ct. App. 2013). “We reject all of them without discussion, with one exception: defendant’s contention that the court erred in entering a default judgment pursuant to ORS 153.102. According to defendant, he did not receive adequate notice and opportunity to appear at the trial, and, for that…”
State v. Kolisch, 60 P.3d 576 (Or. Ct. App. 2002). · cites it 2× “"(G) If the person named as the registered owner of a vehicle in the current records of the Department of Transportation fails to respond to a citation issued under this subsection, a default judgment under ORS 153.102 may be entered for failure to appear after notice has been…”
City of Eugene v. Morrison (Or. Ct. App. 2024). · cites it 7× “ORS 153.102 authorizes a municipal court to enter a default judgment based on the complaint where (1) a defendant 734 City of Eugene v.”
City of Eugene v. Morrison (Or. Ct. App. 2024). · cites it 7× “ORS 153.102 authorizes a municipal court to enter a default judgment based on the complaint where (1) a defendant 734 City of Eugene v.”
— Or. Rev. Stat. § 153.102(1) — 1 case
State v. Warner, 153 P.3d 674 (Or. 2007). “See ORS 153.102(1). 4 The court also issued an arrest warrant for defendant’s failure to appear with respect to the criminal DUII and reckless driving charges.”
— Or. Rev. Stat. § 153.102(2) — 3 cases
City of Eugene v. Morrison, 333 Or. App. 730 (Or. Ct. App. 2024). “ORS 153.102 authorizes a municipal court to enter a default judgment based on the complaint where (1) a defendant 734 City of Eugene v.”
City of Eugene v. Morrison (Or. Ct. App. 2024). “ORS 153.102 authorizes a municipal court to enter a default judgment based on the complaint where (1) a defendant 734 City of Eugene v.”
City of Eugene v. Morrison (Or. Ct. App. 2024). “ORS 153.102 authorizes a municipal court to enter a default judgment based on the complaint where (1) a defendant 734 City of Eugene v.”
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