153.105 Relief
from judgment. (1)
If a 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
defendant to appear was due to mistake, including clerical mistake,
inadvertence, surprise or excusable neglect, or that the court committed a
legal error in entering the judgment. A motion for relief under this section
must be made by the defendant within a reasonable time, and in no event may a
motion under this section be made more than one year after entry of judgment.
(2) If the
defendant makes an oral request for relief under this section or the court
rules on the request orally, or both, the court shall note in the docket that
the defendant requested relief from judgment and the court’s disposition of the
request.
(3) This section
does not limit the inherent authority of the court to relieve a party from a
judgment within a reasonable time after entry of the judgment. [1999 c.1051 §26;
2025 c.268 §30e]
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 2005–2024 · leading case:
City of Eugene v. Morrison, 333 Or. App. 730 (Or. Ct. App. 2024).
City of Eugene v. Morrison, 333 Or. App. 730 (Or. Ct. App. 2024).
· cites it 15× “As explained below, we conclude that the circuit court did not err in determining that it did not have jurisdiction because defendant failed to seek relief from the default judgment under ORS 153.105. That conclusion obviates the need to address defendant’s second assignment of…”
State v. King, 111 P.3d 1146 (Or. Ct. App. 2005).
“With regard to the second prong of the test, ORS 153.105 (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.”
State v. Roberts, 219 P.3d 41 (Or. Ct. App. 2009).
“”); ORS 153.105 (“A motion for relief [from a default judgment] must be made by the defendant within a reasonable time, and in no event may a motion under this section be made more than one year after entry of judgment.”
City of Eugene v. Morrison (Or. Ct. App. 2024).
· cites it 15× “As explained below, we conclude that the circuit court did not err in determining that it did not have jurisdiction because defendant failed to seek relief from the default judgment under ORS 153.105. That conclusion obviates the need to address defendant’s second assignment of…”
City of Eugene v. Morrison (Or. Ct. App. 2024).
· cites it 15× “As explained below, we conclude that the circuit court did not err in determining that it did not have jurisdiction because defendant failed to seek relief from the default judgment under ORS 153.105. That conclusion obviates the need to address defendant’s second assignment of…”
State v. Godfrey, 328 P.3d 823 (Or. Ct. App. 2014).
· cites it 2× “The procedure by which defendant could have raised the error was by filing a motion under ORS 153.105 for relief from the default judgment that the court had entered.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.