ORS § 18.005

Current through 2024 Regular Session legislation effective June 6, 2024

Section 18.005 - Definitions

As used in this chapter:

(1) "Action" means any proceeding commenced in a court in which the court may render a judgment.

(2) "Child support award" means a money award or agency order that requires the payment of child support and that is entered under ORS 25.501 to 25.556, 108.010 to 108.550, 416.310 to 416.340, 416.510 to 416.990 or 419B.400 or ORS chapter 25, 107, 109 or 110.

(3) "Civil action" means any action that is not a criminal action.

(4) "Court administrator" means a trial court administrator in a circuit court that has a trial court administrator and the clerk of the court in all other courts.

(5) "Criminal action" has the meaning given in ORS 131.005.

(6) "Execution" means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law.

(7) "General judgment" means the judgment entered by a court that decides all requests for relief in the action except:

(a) A request for relief previously decided by a limited judgment; and

(b) A request for relief that may be decided by a supplemental judgment.

(8) "Judgment" means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document.

(9) "Judgment document" means a writing in the form provided by ORS 18.038 that incorporates a court's judgment.

(10) "Judgment lien" means:

(a) The effect of a judgment on real property as described in ORS 18.150 (2) and (3) for the county in which the judgment is entered, and as described in ORS 18.152 (2) and (3) for a county in which the judgment is recorded under ORS 18.152; and

(b) A support arrearage lien attaching to real property under ORS 18.150 (3) or 18.152 (3).

(11) "Judgment remedy" means:

(a) The ability of a judgment creditor to enforce a judgment through execution; and

(b) Any judgment lien arising under ORS 18.150 or 18.152.

(12) "Legal authority" means:

(a) A statute;

(b) An Oregon Rule of Civil Procedure;

(c) A rule or order of the Chief Justice of the Supreme Court adopted under ORS 18.028; and

(d) All controlling appellate court decisions in effect December 31, 2003.

(13) "Limited judgment" means:

(a) A judgment entered under ORCP 67 B or 67 G;

(b) A judgment entered before the conclusion of an action in a circuit court for the partition of real property, defining the rights of the parties to the action and directing sale or partition;

(c) An interlocutory judgment foreclosing an interest in real property; and

(d) A judgment rendered before entry of a general judgment in an action that disposes of at least one but fewer than all requests for relief in the action and that is rendered pursuant to a legal authority that specifically authorizes that disposition by limited judgment.

(14) "Money award" means a judgment or portion of a judgment that requires the payment of money.

(15) "Person" includes a public body as defined in ORS 174.109.

(16) "Request for relief" means a claim, a charge in a criminal action or any other request for a determination of the rights and liabilities of one or more parties in an action that a legal authority allows the court to decide by a judgment.

(17) "Supplemental judgment" means a judgment that may be rendered after a general judgment pursuant to a legal authority.

(18) "Support arrearage lien" means a lien that attaches to real property under the provisions of ORS 18.150 (3) or 18.152 (3).

(19) "Support award" means a money award or agency order that requires the payment of child or spousal support.

ORS 18.005

Amended by 2021 Ch. 597, § 38, eff. 9/25/2021, app. 1/1/2022.

2003 c. 576, § 1; 2005 c. 542, § 55; 2005 c. 568, § 4

Section 7, chapter 568, Oregon Laws 2005, provides:

Sec. 7. Sections 2 [18.245] and 6 [18.029] of this 2005 Act and the amendments to ORS 18.005 by section 4 of this 2005 Act apply to all judgments entered on or after January 1, 2004. [2005 c. 568, § 7]

Sections 45 and 569 (1) and (2), chapter 576, Oregon Laws 2003, provide:

Sec. 45. (1) Except as provided by this section or by ORS chapter 18, ORS chapter 18 applies only to judgments entered on or after January 1, 2004. Nothing in chapter 576, Oregon Laws 2003, affects the validity, lien effect or enforceability of any judgment or decree entered before January 1, 2004. Nothing in chapter 576, Oregon Laws 2003, affects the validity, lien effect or enforceability of any order or warrant docketed or recorded before January 1, 2004. Except as provided by this section or ORS chapter 18, any judgment or decree entered before January 1, 2004, and any order or warrant docketed or recorded before January 1, 2004, shall continue to be governed by the law in effect on the day immediately preceding January 1, 2004.

(2) ORS 18.107 applies to any corrected judgment entered on or after January 1, 2004, without regard to whether the original judgment is entered before, on or after January 1, 2004.

(3) A judgment creditor may create a judgment lien for a judgment in a county other than the county in which a judgment is entered in the manner provided by ORS 18.152 without regard to whether the judgment is entered before, on or after January 1, 2004.

(4) ORS 18.158 applies to all judgments, whether entered before, on or after January 1, 2004.

(5) Except as provided in ORS 18.190, ORS 18.180 and 18.182 apply to all judgments, whether entered before, on or after January 1, 2004. Notwithstanding ORS 18.182, any order of renewal entered before January 1, 2004, may be recorded in the manner provided by ORS 18.182 (6) with the effect provided by ORS 18.152 (4).

(6) ORS 18.200 applies to the release of any judgment lien after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(7) ORS 18.205 applies to the assignment of any judgment after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(8) ORS 18.225 applies to any satisfaction of judgment filed with a court on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(9) ORS 18.228 and 18.232 apply to all judgments, whether entered before, on or after January 1, 2004.

(10) ORS 18.235 applies to any motion for an order declaring that a money award has been satisfied, or to determine the amount necessary to satisfy a money award, filed with a court on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(11) ORS 18.252 and 18.255 apply to execution on any judgment, without regard to whether the judgment was entered before, on or after January 1, 2004.

(12) ORS 18.265 and 18.268 apply to any motion for a debtor examination made on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(13) ORS 18.270 applies to any written interrogatories served on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.

(14) ORS 18.465 to 18.476 and 18.492 to 18.518 (both 2003 Edition) apply to any writ of execution issued on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004. [2003 c. 576, § 45; 2015 c. 212, § 21]

Sec. 569. (1) Except as specifically provided by this 2003 Act, the deletions of statutory references to decrees and the substitutions of references to judgments that are made by the provisions of this 2003 Act do not affect the determination as to whether a person has a right to a jury trial, the scope of review of the court's decision under ORS 19.250, or any other procedural or substantive aspect of the proceedings giving rise to the court's decision in an action.

(2) Except as specifically provided by this 2003 Act, the elimination of statutory references to dockets by this 2003 Act does not affect the validity, lien effect or enforceability of any judgment docketed before the effective date of this 2003 Act [January 1, 2004]. [2003 c. 576, § 569(1),(2)]