14.030 Jurisdictionas affected by place where cause of action or suit arises
14.040 Actionsand suits that are to be brought where subject is situated
14.050 Actionsthat are to be brought where cause arose
14.060 Venueof suits against state departments and officials
14.080 Venuefor other actions; residence of corporations and partnerships
CHANGEOF VENUE
14.110 Whenplace of trial may be changed
14.120 Timeof motion; to what county changed; number of changes
14.130 Transmissionof transcript of proceedings and original papers
14.140 Paymentof costs
14.150 Whencourt may vacate order
14.160 Whenchange of place of trial deemed complete
TRANSFEROF PROCEEDING AGAINST PUBLIC BODY
14.165 Transferof proceeding against public body; effect of transfer on statute oflimitations; adoption of rules by Court of Appeals; filing fees
MOOTNESS
14.175 Acts,policies or practices of public body capable of repetition and likely to evadejudicial review
DISQUALIFICATIONOF JUDGE
14.210 Disqualificationof judge for cause; application of section; waiver
14.250 Disqualificationof judge; transfer of cause; making up issues
14.260 Affidavitand motion for change of judge; time for making; limit of two changes of judge
14.270 Timeof making motion for change of judge in certain circumstances; limit of twochanges of judge
14.275 Disqualificationof appellate judge
14.010 [Amended by1975 c.628 §1; repealed by 1979 c.284 §199]
14.020 [Repealed by1979 c.284 §199]
JURISDICTIONAND VENUE
14.030Jurisdiction as affected by place where cause of action or suit arises. When the courthas jurisdiction of the parties, it may exercise it in respect to any cause ofaction or suit wherever arising, except for the specific recovery of realproperty situated without this state, or for an injury thereto.
14.040Actions and suits that are to be brought where subject is situated. Actions andsuits for the following causes shall be commenced and tried in the county inwhich the subject of the action or suit, or some part thereof, is situated:
(1)Actions for the recovery of real property, or an estate or interest therein, orfor injuries to real property.
(2)Actions for the recovery of any personal property distrained for any cause.
(3)Suits for the partition of real property.
(4)Suits for the foreclosure of a lien or mortgage upon real property.
(5)Suits for the determination of an adverse claim, estate, or interest in realproperty, or the specific performance of an agreement in relation thereto. [Amendedby 1997 c.249 §12]
14.050Actions that are to be brought where cause arose. Actions for thefollowing causes shall be commenced and tried in the county where the cause, orsome part thereof, arose:
(1)For the recovery of a penalty or forfeiture imposed by statute, except thatwhen it is imposed for an offense committed on a lake, river or other stream ofwater, situated in two or more counties, the action may be commenced and triedin any county bordering on such lake, river or stream, and opposite the placewhere the offense was committed;
(2)Against a public officer or person specially appointed to execute the duties ofthe public officer for an act done by the officer or person in virtue of theoffice of the public officer; or against a person who, by the command of thepublic officer, or in aid of the public officer, shall do anything touching theduties of such officer.
14.060Venue of suits against state departments and officials. Any suitagainst any department, official, officer, commissioner, commission or board ofthe state, as such, or in virtue of such status, other than a suit for thecauses enumerated in ORS 14.040, may be brought in the county wherein the causeof suit, or some part thereof, arose.
14.080Venue for other actions; residence of corporations and partnerships. (1) All otheractions shall be commenced in the county in which the defendants, or one ofthem, reside at the commencement of the action or in the county where the causeof action arose. A party resident of more than one county shall be deemed aresident of each such county. If none of the defendants reside in this statethe action may be commenced in any county.
(2)For purposes of this section, a corporation incorporated under the laws of thisstate, a limited partnership or a foreign corporation authorized to do businessin this state shall be deemed to be a resident of any county where thecorporation or limited partnership conducts regular, sustained businessactivity or has an office for the transaction of business or where any agentauthorized to receive process resides. A foreign corporation or foreign limitedpartnership not authorized to transact business in this state shall be deemednot to be a resident of any county in this state.
(3)For purposes of this section, a partnership or other unincorporated associationsubject to being sued in its own name shall be deemed a resident of any countywhere any person resides upon whom summons could be served for service upon thepartnership or unincorporated association. [Amended by 1983 c.163 §1]
CHANGEOF VENUE
14.110When place of trial may be changed. (1) The court or judge thereof maychange the place of trial, on the motion of either party to an action or suit,when it appears from the affidavit of such party that the motion is not madefor the purpose of delay and:
(a)That the action or suit has not been commenced in the proper county;
(b)That the judge is a party to, or directly interested in the event of the actionor suit, or connected by consanguinity or affinity within the third degree,with the adverse party or those for whom the adverse party prosecutes ordefends;
(c)That the convenience of witnesses and the parties would be promoted by suchchange; or
(d)In an action, that the judge or the inhabitants of the county are so prejudicedagainst the party making the motion that the party cannot expect an impartialtrial before the judge or in the county, as the case may be.
(2)When the moving party in an action is a nonresident of the county, theaffidavit required under this section may be made by anyone on behalf of themoving party. [Amended by 2003 c.14 §15]
14.120Time of motion; to what county changed; number of changes. The motion fora change of the place of trial may be made and allowed any time after thecommencement of the action or suit and before the beginning of trial, exceptthat, if the change sought is pursuant to the provisions of ORS 14.110 (1)(a),the motion must be made before filing of the answer. If the motion is allowed,the change shall be made to the county where the action or suit ought to havebeen commenced, if it is for the cause mentioned in ORS 14.110 (1)(a), and inother cases to the most convenient county where the cause assigned as thereason for the change does not exist. Neither party shall be entitled to morethan one change of the place of trial, except for causes not in existence whenthe first change was allowed. [Amended by 1963 c.339 §1]
14.130Transmission of transcript of proceedings and original papers. When the placeof trial has been changed, the clerk shall forthwith transmit to the clerk ofthe proper court, a transcript of the proceedings in such cause, with all theoriginal papers filed therein, having first made out and filed in the office ofthe clerk, authenticated copies of all such original papers.
14.140Payment of costs.The cost of a change of venue on the ground set forth in ORS 14.110 (1)(a)shall be paid by the plaintiff, and failure to pay such cost within 20 daysafter entry of the order for change of venue is ground for dismissal of theaction or suit. The cost of a change of venue on any other grounds shall bepaid by the applicant. The cost of a change of venue on any ground shall not betaxed as a part of the costs of the case; and the clerk may require payment ofsuch costs before the transcript and papers are transmitted. [Amended by 1963c.339 §2]
14.150When court may vacate order. If the transcript and papers are nottransmitted to the clerk of the proper court within the time prescribed in theorder allowing the change, and the delay is caused by the act or omission ofthe party procuring the change, the adverse party, on motion to the court orjudge thereof, may have the order vacated, and thereafter no other change ofthe place of trial shall be allowed to such party.
14.160When change of place of trial deemed complete. Upon the filingof the transcript and papers with the clerk of the court to which the cause istransferred, the change of venue shall be deemed complete, and thereafter theaction shall proceed as though it had been commenced in that court.
TRANSFEROF PROCEEDING AGAINST PUBLIC BODY
14.165Transfer of proceeding against public body; effect of transfer on statute oflimitations; adoption of rules by Court of Appeals; filing fees. (1) If anaction or other proceeding against a public body is filed in circuit court andthe circuit court does not have authority to decide the case, the circuit courtshall:
(a)Transfer the case to the court or tribunal authorized by law to decide the caseif the circuit court determines that another court or tribunal is authorized bylaw to decide the case;
(b)Refer the question to the Court of Appeals if the circuit court is in doubtwhether there is another court or tribunal authorized by law to decide thecase; or
(c)Dismiss the action or proceeding if the circuit court determines that no othercourt or tribunal is authorized by law to decide the case.
(2)If an action or other proceeding against a public body is filed in the Court ofAppeals and the Court of Appeals does not have authority to decide the case,the Court of Appeals shall:
(a)Transfer the case to the court or tribunal authorized by law to decide the caseif the Court of Appeals determines that another court or tribunal is authorizedby law to decide the case; or
(b)Dismiss the action or proceeding if the Court of Appeals determines that no othercourt or tribunal is authorized by law to decide the case.
(3)If a case is transferred by the circuit court under this section to a court ortribunal other than the Court of Appeals, and the court or tribunal determines,on its own motion or on the motion of a party, that the court or tribunal isnot authorized by law to decide the case, the court or tribunal shall refer thequestion to the Court of Appeals.
(4)The Court of Appeals shall adopt rules for the referral of questions to theCourt of Appeals under this section. The rules shall provide opportunity forthe parties to address the question, but shall provide the Court of Appealswith the means to reach an expeditious and summary determination of thequestion.
(5)Upon referral of a question to the Court of Appeals under this section, theCourt of Appeals shall:
(a)Transfer the case to the court or tribunal that the Court of Appeals determinesto be authorized by law to decide the case;
(b)Decide the case if the Court of Appeals is the appropriate court; or
(c)Dismiss the action or proceeding if the Court of Appeals determines that nocourt or tribunal is authorized by law to decide the case.
(6)If an action or proceeding against a public body is transferred under thissection, and the action or proceeding was filed in the transferring courtwithin the time allowed by law for filing the action or proceeding in thereceiving court or tribunal, the case may not be dismissed as not being filedwithin the time allowed by law.
(7)If an action or proceeding against a public body is filed in circuit court orthe Court of Appeals based on a reasonable interpretation of law, and thecircuit court or the Court of Appeals determines that the case should betransferred under this section, the case shall be transferred to theappropriate court or tribunal in the manner provided by this section and maynot be dismissed as not being filed within the time allowed by law if:
(a)Under the interpretation of law made by the person filing the action or proceeding,the action or proceeding was filed in the proper court;
(b)Under the interpretation of law made by the person filing the action orproceeding, the action or proceeding was timely filed in the transferringcourt; and
(c)Any delay caused by the failure to file the action or proceeding within thetime allowed for filing in the receiving court or tribunal does notsubstantially prejudice an adverse interest or public interest.
(8)If an order to transfer is entered under this section, the transferring courtshall send a copy of the order to each party to the action or proceeding.Within 10 days after the entry of the transfer order, the person who filed theaction or proceeding must file a copy of the transfer order in the receivingcourt or tribunal and, subject to any provision for waiver or deferral of fees,pay to the receiving court or tribunal any filing fees charged by that court ortribunal. Within such time as may be allowed by the receiving court ortribunal, the person must then comply with such additional pleading and servicerequirements as may be imposed by the receiving court or tribunal. The personfiling the action or proceeding is not entitled to a refund of any filing feespaid to the transferring court.
(9)The provisions of this section do not apply to any action or proceeding that issubject to the provisions of ORS 34.102.
(10)As used in this section:
(a)“Public body” has the meaning given in ORS 192.410.
(b)“Tribunal” means a public body authorized by law to review decisions of anotherpublic body. [2001 c.561 §1]
14.175Acts, policies or practices of public body capable of repetition and likely toevade judicial review. In any action in which a party alleges that an act,policy or practice of a public body, as defined in ORS 174.109, or of anyofficer, employee or agent of a public body, as defined in ORS 174.109, isunconstitutional or is otherwise contrary to law, the party may continue to prosecutethe action and the court may issue a judgment on the validity of the challengedact, policy or practice even though the specific act, policy or practice givingrise to the action no longer has a practical effect on the party if the courtdetermines that:
(1)The party had standing to commence the action;
(2)The act challenged by the party is capable of repetition, or the policy orpractice challenged by the party continues in effect; and
(3)The challenged policy or practice, or similar acts, are likely to evadejudicial review in the future. [2007 c.770 §1]
DISQUALIFICATIONOF JUDGE
14.210Disqualification of judge for cause; application of section; waiver. (1) A judgeshall not act as such in a court of which the judge is a member in any of thefollowing circumstances:
(a)The judge shall not act as judge if the judge is a party to or directlyinterested in the action, suit or proceeding, except that the judge shall notbe disqualified from acting as such in a case in which the judge is added as aparty after taking any official action as a judge in the action, suit orproceeding, and in that case the judge shall be dismissed as a party withoutprejudice.
(b)Except as provided in ORS 2.111 and 2.570, a judge shall not act as judge ifthe judge was not present and sitting as a member of the court at the hearingof a matter submitted for its decision. A judge may sign an order or judgmentreflecting a decision made by another judge if, for good cause, the judge whomade the decision is not available.
(c)A judge shall not act as judge if the judge is related to any party, or to theattorney for any party, or to the partner or office associate of any suchattorney, by consanguinity or affinity within the third degree.
(d)A judge shall not act as judge if the judge has been attorney in the action,suit or proceeding for any party.
(e)If appeal is made from a decision of another court, or judicial review of adecision of an administrative agency is sought, a judge shall not act as judgeon appeal if the judge participated in making the decision that is subject toreview.
(2)This section does not apply to an application to change the place of trial, orthe regulation of the order of business in court. In the circumstancesspecified in subsection (1)(c) and (d) of this section, the disqualificationshall be deemed waived by the parties unless a motion for disqualification ofthe judge is made as provided by statute or court rule. [Amended by 1983 c.763 §59;1999 c.659 §3]
14.220 [Repealed by1955 c.408 §2]
14.230 [Repealed by1955 c.408 §2]
14.240 [Repealed by1955 c.408 §2]
14.250Disqualification of judge; transfer of cause; making up issues. No judge of acircuit court shall sit to hear or try any suit, action, matter or proceeding whenit is established, as provided in ORS 14.250 to 14.270, that any party orattorney believes that such party or attorney cannot have a fair and impartialtrial or hearing before such judge. In such case the presiding judge for thejudicial district shall forthwith transfer the cause, matter or proceeding toanother judge of the court, or apply to the Chief Justice of the Supreme Courtto send a judge to try it; or, if the convenience of witnesses or the ends ofjustice will not be interfered with by such course, and the action or suit isof such a character that a change of venue thereof may be ordered, thepresiding judge may send the case for trial to the most convenient court;except that the issues in such cause may, upon the written stipulation of theattorneys in the cause agreeing thereto, be made up in the district of thejudge to whom the cause has been assigned. [1955 c.408 §1(1); 1981 c.215 §5;1987 c.338 §1; 1995 c.781 §28]
14.260Affidavit and motion for change of judge; time for making; limit of two changesof judge.(1) Any party to or any attorney appearing in any cause, matter or proceedingin a circuit court may establish the belief described in ORS 14.250 by motionsupported by affidavit that such party or attorney believes that such party orattorney cannot have a fair and impartial trial or hearing before such judge,and that it is made in good faith and not for the purpose of delay. No specificgrounds for the belief need be alleged. Such motion shall be allowed unless thejudge moved against, or the presiding judge for the judicial district,challenges the good faith of the affiant and sets forth the basis of suchchallenge. In the event of such challenge, a hearing shall be held before adisinterested judge. The burden of proof shall be on the challenging judge toestablish that the motion was made in bad faith or for the purposes of delay.
(2)The affidavit shall be filed with such motion at any time prior to finaldetermination of such cause, matter or proceedings in uncontested cases, and incontested cases before or within five days after such cause, matter orproceeding is at issue upon a question of fact or within 10 days after theassignment, appointment and qualification or election and assumption of officeof another judge to preside over such cause, matter or proceeding.
(3)No motion to disqualify a judge shall be made after the judge has ruled uponany petition, demurrer or motion other than a motion to extend time in thecause, matter or proceeding. No motion to disqualify a judge or a judge protem, assigned by the Chief Justice of the Supreme Court to serve in a countyother than the county in which the judge or judge pro tem resides shall befiled more than five days after the party or attorney appearing in the cause receivesnotice of the assignment.
(4)In judicial districts having a population of 100,000 or more, the affidavit andmotion for change of judge shall be made at the time and in the mannerprescribed in ORS 14.270.
(5)No party or attorney shall be permitted to make more than two applications inany cause, matter or proceeding under this section. [1955 c.408 §1(2); 1959c.667 §1; 1981 c.215 §6; 1987 c.338 §2; 1995 c.781 §29]
14.270Time of making motion for change of judge in certain circumstances; limit oftwo changes of judge.An affidavit and motion for change of judge to hear the motions and demurrersor to try the case shall be made at the time of the assignment of the case to ajudge for trial or for hearing upon a motion or demurrer. Oral notice of theintention to file the motion and affidavit shall be sufficient compliance withthis section providing that the motion and affidavit are filed not later thanthe close of the next judicial day. No motion to disqualify a judge to whom acase has been assigned for trial shall be made after the judge has ruled uponany petition, demurrer or motion other than a motion to extend time in thecause, matter or proceeding; except that when a presiding judge assigns to thepresiding judge any cause, matter or proceeding in which the presiding judgehas previously ruled upon any such petition, motion or demurrer, any party orattorney appearing in the cause, matter or proceeding may move to disqualifythe judge after assignment of the case and prior to any ruling on any suchpetition, motion or demurrer heard after such assignment. No party or attorneyshall be permitted to make more than two applications in any action orproceeding under this section. [1955 c.408 §1(3); 1959 c.667 §2; 1969 c.144 §1;1981 c.215 §7; 1995 c.781 §30]
14.275Disqualification of appellate judge. A party or an attorney for a party in acause before the Supreme Court or Court of Appeals may move to disqualify ajudge of the Supreme Court or of the Court of Appeals for one or more of the groundsspecified in ORS 14.210, or upon the ground that the judge’s participation inthe cause would violate the Oregon Code of Judicial Conduct. [1999 c.659 §4]
14.030 Jurisdictionas affected by place where cause of action or suit arises
14.040 Actionsand suits that are to be brought where subject is situated
14.050 Actionsthat are to be brought where cause arose
14.060 Venueof suits against state departments and officials
14.080 Venuefor other actions; residence of corporations and partnerships
CHANGEOF VENUE
14.110 Whenplace of trial may be changed
14.120 Timeof motion; to what county changed; number of changes
14.130 Transmissionof transcript of proceedings and original papers
14.140 Paymentof costs
14.150 Whencourt may vacate order
14.160 Whenchange of place of trial deemed complete
TRANSFEROF PROCEEDING AGAINST PUBLIC BODY
14.165 Transferof proceeding against public body; effect of transfer on statute oflimitations; adoption of rules by Court of Appeals; filing fees
MOOTNESS
14.175 Acts,policies or practices of public body capable of repetition and likely to evadejudicial review
DISQUALIFICATIONOF JUDGE
14.210 Disqualificationof judge for cause; application of section; waiver
14.250 Disqualificationof judge; transfer of cause; making up issues
14.260 Affidavitand motion for change of judge; time for making; limit of two changes of judge
14.270 Timeof making motion for change of judge in certain circumstances; limit of twochanges of judge
14.275 Disqualificationof appellate judge
14.010 [Amended by1975 c.628 §1; repealed by 1979 c.284 §199]
14.020 [Repealed by1979 c.284 §199]
JURISDICTIONAND VENUE
14.030Jurisdiction as affected by place where cause of action or suit arises. When the courthas jurisdiction of the parties, it may exercise it in respect to any cause ofaction or suit wherever arising, except for the specific recovery of realproperty situated without this state, or for an injury thereto.
14.040Actions and suits that are to be brought where subject is situated. Actions andsuits for the following causes shall be commenced and tried in the county inwhich the subject of the action or suit, or some part thereof, is situated:
(1)Actions for the recovery of real property, or an estate or interest therein, orfor injuries to real property.
(2)Actions for the recovery of any personal property distrained for any cause.
(3)Suits for the partition of real property.
(4)Suits for the foreclosure of a lien or mortgage upon real property.
(5)Suits for the determination of an adverse claim, estate, or interest in realproperty, or the specific performance of an agreement in relation thereto. [Amendedby 1997 c.249 §12]
14.050Actions that are to be brought where cause arose. Actions for thefollowing causes shall be commenced and tried in the county where the cause, orsome part thereof, arose:
(1)For the recovery of a penalty or forfeiture imposed by statute, except thatwhen it is imposed for an offense committed on a lake, river or other stream ofwater, situated in two or more counties, the action may be commenced and triedin any county bordering on such lake, river or stream, and opposite the placewhere the offense was committed;
(2)Against a public officer or person specially appointed to execute the duties ofthe public officer for an act done by the officer or person in virtue of theoffice of the public officer; or against a person who, by the command of thepublic officer, or in aid of the public officer, shall do anything touching theduties of such officer.
14.060Venue of suits against state departments and officials. Any suitagainst any department, official, officer, commissioner, commission or board ofthe state, as such, or in virtue of such status, other than a suit for thecauses enumerated in ORS 14.040, may be brought in the county wherein the causeof suit, or some part thereof, arose.
14.080Venue for other actions; residence of corporations and partnerships. (1) All otheractions shall be commenced in the county in which the defendants, or one ofthem, reside at the commencement of the action or in the county where the causeof action arose. A party resident of more than one county shall be deemed aresident of each such county. If none of the defendants reside in this statethe action may be commenced in any county.
(2)For purposes of this section, a corporation incorporated under the laws of thisstate, a limited partnership or a foreign corporation authorized to do businessin this state shall be deemed to be a resident of any county where thecorporation or limited partnership conducts regular, sustained businessactivity or has an office for the transaction of business or where any agentauthorized to receive process resides. A foreign corporation or foreign limitedpartnership not authorized to transact business in this state shall be deemednot to be a resident of any county in this state.
(3)For purposes of this section, a partnership or other unincorporated associationsubject to being sued in its own name shall be deemed a resident of any countywhere any person resides upon whom summons could be served for service upon thepartnership or unincorporated association. [Amended by 1983 c.163 §1]
CHANGEOF VENUE
14.110When place of trial may be changed. (1) The court or judge thereof maychange the place of trial, on the motion of either party to an action or suit,when it appears from the affidavit of such party that the motion is not madefor the purpose of delay and:
(a)That the action or suit has not been commenced in the proper county;
(b)That the judge is a party to, or directly interested in the event of the actionor suit, or connected by consanguinity or affinity within the third degree,with the adverse party or those for whom the adverse party prosecutes ordefends;
(c)That the convenience of witnesses and the parties would be promoted by suchchange; or
(d)In an action, that the judge or the inhabitants of the county are so prejudicedagainst the party making the motion that the party cannot expect an impartialtrial before the judge or in the county, as the case may be.
(2)When the moving party in an action is a nonresident of the county, theaffidavit required under this section may be made by anyone on behalf of themoving party. [Amended by 2003 c.14 §15]
14.120Time of motion; to what county changed; number of changes. The motion fora change of the place of trial may be made and allowed any time after thecommencement of the action or suit and before the beginning of trial, exceptthat, if the change sought is pursuant to the provisions of ORS 14.110 (1)(a),the motion must be made before filing of the answer. If the motion is allowed,the change shall be made to the county where the action or suit ought to havebeen commenced, if it is for the cause mentioned in ORS 14.110 (1)(a), and inother cases to the most convenient county where the cause assigned as thereason for the change does not exist. Neither party shall be entitled to morethan one change of the place of trial, except for causes not in existence whenthe first change was allowed. [Amended by 1963 c.339 §1]
14.130Transmission of transcript of proceedings and original papers. When the placeof trial has been changed, the clerk shall forthwith transmit to the clerk ofthe proper court, a transcript of the proceedings in such cause, with all theoriginal papers filed therein, having first made out and filed in the office ofthe clerk, authenticated copies of all such original papers.
14.140Payment of costs.The cost of a change of venue on the ground set forth in ORS 14.110 (1)(a)shall be paid by the plaintiff, and failure to pay such cost within 20 daysafter entry of the order for change of venue is ground for dismissal of theaction or suit. The cost of a change of venue on any other grounds shall bepaid by the applicant. The cost of a change of venue on any ground shall not betaxed as a part of the costs of the case; and the clerk may require payment ofsuch costs before the transcript and papers are transmitted. [Amended by 1963c.339 §2]
14.150When court may vacate order. If the transcript and papers are nottransmitted to the clerk of the proper court within the time prescribed in theorder allowing the change, and the delay is caused by the act or omission ofthe party procuring the change, the adverse party, on motion to the court orjudge thereof, may have the order vacated, and thereafter no other change ofthe place of trial shall be allowed to such party.
14.160When change of place of trial deemed complete. Upon the filingof the transcript and papers with the clerk of the court to which the cause istransferred, the change of venue shall be deemed complete, and thereafter theaction shall proceed as though it had been commenced in that court.
TRANSFEROF PROCEEDING AGAINST PUBLIC BODY
14.165Transfer of proceeding against public body; effect of transfer on statute oflimitations; adoption of rules by Court of Appeals; filing fees. (1) If anaction or other proceeding against a public body is filed in circuit court andthe circuit court does not have authority to decide the case, the circuit courtshall:
(a)Transfer the case to the court or tribunal authorized by law to decide the caseif the circuit court determines that another court or tribunal is authorized bylaw to decide the case;
(b)Refer the question to the Court of Appeals if the circuit court is in doubtwhether there is another court or tribunal authorized by law to decide thecase; or
(c)Dismiss the action or proceeding if the circuit court determines that no othercourt or tribunal is authorized by law to decide the case.
(2)If an action or other proceeding against a public body is filed in the Court ofAppeals and the Court of Appeals does not have authority to decide the case,the Court of Appeals shall:
(a)Transfer the case to the court or tribunal authorized by law to decide the caseif the Court of Appeals determines that another court or tribunal is authorizedby law to decide the case; or
(b)Dismiss the action or proceeding if the Court of Appeals determines that no othercourt or tribunal is authorized by law to decide the case.
(3)If a case is transferred by the circuit court under this section to a court ortribunal other than the Court of Appeals, and the court or tribunal determines,on its own motion or on the motion of a party, that the court or tribunal isnot authorized by law to decide the case, the court or tribunal shall refer thequestion to the Court of Appeals.
(4)The Court of Appeals shall adopt rules for the referral of questions to theCourt of Appeals under this section. The rules shall provide opportunity forthe parties to address the question, but shall provide the Court of Appealswith the means to reach an expeditious and summary determination of thequestion.
(5)Upon referral of a question to the Court of Appeals under this section, theCourt of Appeals shall:
(a)Transfer the case to the court or tribunal that the Court of Appeals determinesto be authorized by law to decide the case;
(b)Decide the case if the Court of Appeals is the appropriate court; or
(c)Dismiss the action or proceeding if the Court of Appeals determines that nocourt or tribunal is authorized by law to decide the case.
(6)If an action or proceeding against a public body is transferred under thissection, and the action or proceeding was filed in the transferring courtwithin the time allowed by law for filing the action or proceeding in thereceiving court or tribunal, the case may not be dismissed as not being filedwithin the time allowed by law.
(7)If an action or proceeding against a public body is filed in circuit court orthe Court of Appeals based on a reasonable interpretation of law, and thecircuit court or the Court of Appeals determines that the case should betransferred under this section, the case shall be transferred to theappropriate court or tribunal in the manner provided by this section and maynot be dismissed as not being filed within the time allowed by law if:
(a)Under the interpretation of law made by the person filing the action or proceeding,the action or proceeding was filed in the proper court;
(b)Under the interpretation of law made by the person filing the action orproceeding, the action or proceeding was timely filed in the transferringcourt; and
(c)Any delay caused by the failure to file the action or proceeding within thetime allowed for filing in the receiving court or tribunal does notsubstantially prejudice an adverse interest or public interest.
(8)If an order to transfer is entered under this section, the transferring courtshall send a copy of the order to each party to the action or proceeding.Within 10 days after the entry of the transfer order, the person who filed theaction or proceeding must file a copy of the transfer order in the receivingcourt or tribunal and, subject to any provision for waiver or deferral of fees,pay to the receiving court or tribunal any filing fees charged by that court ortribunal. Within such time as may be allowed by the receiving court ortribunal, the person must then comply with such additional pleading and servicerequirements as may be imposed by the receiving court or tribunal. The personfiling the action or proceeding is not entitled to a refund of any filing feespaid to the transferring court.
(9)The provisions of this section do not apply to any action or proceeding that issubject to the provisions of ORS 34.102.
(10)As used in this section:
(a)“Public body” has the meaning given in ORS 192.410.
(b)“Tribunal” means a public body authorized by law to review decisions of anotherpublic body. [2001 c.561 §1]
14.175Acts, policies or practices of public body capable of repetition and likely toevade judicial review. In any action in which a party alleges that an act,policy or practice of a public body, as defined in ORS 174.109, or of anyofficer, employee or agent of a public body, as defined in ORS 174.109, isunconstitutional or is otherwise contrary to law, the party may continue to prosecutethe action and the court may issue a judgment on the validity of the challengedact, policy or practice even though the specific act, policy or practice givingrise to the action no longer has a practical effect on the party if the courtdetermines that:
(1)The party had standing to commence the action;
(2)The act challenged by the party is capable of repetition, or the policy orpractice challenged by the party continues in effect; and
(3)The challenged policy or practice, or similar acts, are likely to evadejudicial review in the future. [2007 c.770 §1]
DISQUALIFICATIONOF JUDGE
14.210Disqualification of judge for cause; application of section; waiver. (1) A judgeshall not act as such in a court of which the judge is a member in any of thefollowing circumstances:
(a)The judge shall not act as judge if the judge is a party to or directlyinterested in the action, suit or proceeding, except that the judge shall notbe disqualified from acting as such in a case in which the judge is added as aparty after taking any official action as a judge in the action, suit orproceeding, and in that case the judge shall be dismissed as a party withoutprejudice.
(b)Except as provided in ORS 2.111 and 2.570, a judge shall not act as judge ifthe judge was not present and sitting as a member of the court at the hearingof a matter submitted for its decision. A judge may sign an order or judgmentreflecting a decision made by another judge if, for good cause, the judge whomade the decision is not available.
(c)A judge shall not act as judge if the judge is related to any party, or to theattorney for any party, or to the partner or office associate of any suchattorney, by consanguinity or affinity within the third degree.
(d)A judge shall not act as judge if the judge has been attorney in the action,suit or proceeding for any party.
(e)If appeal is made from a decision of another court, or judicial review of adecision of an administrative agency is sought, a judge shall not act as judgeon appeal if the judge participated in making the decision that is subject toreview.
(2)This section does not apply to an application to change the place of trial, orthe regulation of the order of business in court. In the circumstancesspecified in subsection (1)(c) and (d) of this section, the disqualificationshall be deemed waived by the parties unless a motion for disqualification ofthe judge is made as provided by statute or court rule. [Amended by 1983 c.763 §59;1999 c.659 §3]
14.220 [Repealed by1955 c.408 §2]
14.230 [Repealed by1955 c.408 §2]
14.240 [Repealed by1955 c.408 §2]
14.250Disqualification of judge; transfer of cause; making up issues. No judge of acircuit court shall sit to hear or try any suit, action, matter or proceeding whenit is established, as provided in ORS 14.250 to 14.270, that any party orattorney believes that such party or attorney cannot have a fair and impartialtrial or hearing before such judge. In such case the presiding judge for thejudicial district shall forthwith transfer the cause, matter or proceeding toanother judge of the court, or apply to the Chief Justice of the Supreme Courtto send a judge to try it; or, if the convenience of witnesses or the ends ofjustice will not be interfered with by such course, and the action or suit isof such a character that a change of venue thereof may be ordered, thepresiding judge may send the case for trial to the most convenient court;except that the issues in such cause may, upon the written stipulation of theattorneys in the cause agreeing thereto, be made up in the district of thejudge to whom the cause has been assigned. [1955 c.408 §1(1); 1981 c.215 §5;1987 c.338 §1; 1995 c.781 §28]
14.260Affidavit and motion for change of judge; time for making; limit of two changesof judge.(1) Any party to or any attorney appearing in any cause, matter or proceedingin a circuit court may establish the belief described in ORS 14.250 by motionsupported by affidavit that such party or attorney believes that such party orattorney cannot have a fair and impartial trial or hearing before such judge,and that it is made in good faith and not for the purpose of delay. No specificgrounds for the belief need be alleged. Such motion shall be allowed unless thejudge moved against, or the presiding judge for the judicial district,challenges the good faith of the affiant and sets forth the basis of suchchallenge. In the event of such challenge, a hearing shall be held before adisinterested judge. The burden of proof shall be on the challenging judge toestablish that the motion was made in bad faith or for the purposes of delay.
(2)The affidavit shall be filed with such motion at any time prior to finaldetermination of such cause, matter or proceedings in uncontested cases, and incontested cases before or within five days after such cause, matter orproceeding is at issue upon a question of fact or within 10 days after theassignment, appointment and qualification or election and assumption of officeof another judge to preside over such cause, matter or proceeding.
(3)No motion to disqualify a judge shall be made after the judge has ruled uponany petition, demurrer or motion other than a motion to extend time in thecause, matter or proceeding. No motion to disqualify a judge or a judge protem, assigned by the Chief Justice of the Supreme Court to serve in a countyother than the county in which the judge or judge pro tem resides shall befiled more than five days after the party or attorney appearing in the cause receivesnotice of the assignment.
(4)In judicial districts having a population of 100,000 or more, the affidavit andmotion for change of judge shall be made at the time and in the mannerprescribed in ORS 14.270.
(5)No party or attorney shall be permitted to make more than two applications inany cause, matter or proceeding under this section. [1955 c.408 §1(2); 1959c.667 §1; 1981 c.215 §6; 1987 c.338 §2; 1995 c.781 §29]
14.270Time of making motion for change of judge in certain circumstances; limit oftwo changes of judge.An affidavit and motion for change of judge to hear the motions and demurrersor to try the case shall be made at the time of the assignment of the case to ajudge for trial or for hearing upon a motion or demurrer. Oral notice of theintention to file the motion and affidavit shall be sufficient compliance withthis section providing that the motion and affidavit are filed not later thanthe close of the next judicial day. No motion to disqualify a judge to whom acase has been assigned for trial shall be made after the judge has ruled uponany petition, demurrer or motion other than a motion to extend time in thecause, matter or proceeding; except that when a presiding judge assigns to thepresiding judge any cause, matter or proceeding in which the presiding judgehas previously ruled upon any such petition, motion or demurrer, any party orattorney appearing in the cause, matter or proceeding may move to disqualifythe judge after assignment of the case and prior to any ruling on any suchpetition, motion or demurrer heard after such assignment. No party or attorneyshall be permitted to make more than two applications in any action orproceeding under this section. [1955 c.408 §1(3); 1959 c.667 §2; 1969 c.144 §1;1981 c.215 §7; 1995 c.781 §30]
14.275Disqualification of appellate judge. A party or an attorney for a party in acause before the Supreme Court or Court of Appeals may move to disqualify ajudge of the Supreme Court or of the Court of Appeals for one or more of the groundsspecified in ORS 14.210, or upon the ground that the judge’s participation inthe cause would violate the Oregon Code of Judicial Conduct. [1999 c.659 §4]
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14.030 Jurisdictionas affected by place where cause of action or suit arises
14.040 Actionsand suits that are to be brought where subject is situated
14.050 Actionsthat are to be brought where cause arose
14.060 Venueof suits against state departments and officials
14.080 Venuefor other actions; residence of corporations and partnerships
CHANGEOF VENUE
14.110 Whenplace of trial may be changed
14.120 Timeof motion; to what county changed; number of changes
14.130 Transmissionof transcript of proceedings and original papers
14.140 Paymentof costs
14.150 Whencourt may vacate order
14.160 Whenchange of place of trial deemed complete
TRANSFEROF PROCEEDING AGAINST PUBLIC BODY
14.165 Transferof proceeding against public body; effect of transfer on statute oflimitations; adoption of rules by Court of Appeals; filing fees
MOOTNESS
14.175 Acts,policies or practices of public body capable of repetition and likely to evadejudicial review
DISQUALIFICATIONOF JUDGE
14.210 Disqualificationof judge for cause; application of section; waiver
14.250 Disqualificationof judge; transfer of cause; making up issues
14.260 Affidavitand motion for change of judge; time for making; limit of two changes of judge
14.270 Timeof making motion for change of judge in certain circumstances; limit of twochanges of judge
14.275 Disqualificationof appellate judge
14.010 [Amended by1975 c.628 §1; repealed by 1979 c.284 §199]
14.020 [Repealed by1979 c.284 §199]
JURISDICTIONAND VENUE
14.030Jurisdiction as affected by place where cause of action or suit arises. When the courthas jurisdiction of the parties, it may exercise it in respect to any cause ofaction or suit wherever arising, except for the specific recovery of realproperty situated without this state, or for an injury thereto.
14.040Actions and suits that are to be brought where subject is situated. Actions andsuits for the following causes shall be commenced and tried in the county inwhich the subject of the action or suit, or some part thereof, is situated:
(1)Actions for the recovery of real property, or an estate or interest therein, orfor injuries to real property.
(2)Actions for the recovery of any personal property distrained for any cause.
(3)Suits for the partition of real property.
(4)Suits for the foreclosure of a lien or mortgage upon real property.
(5)Suits for the determination of an adverse claim, estate, or interest in realproperty, or the specific performance of an agreement in relation thereto. [Amendedby 1997 c.249 §12]
14.050Actions that are to be brought where cause arose. Actions for thefollowing causes shall be commenced and tried in the county where the cause, orsome part thereof, arose:
(1)For the recovery of a penalty or forfeiture imposed by statute, except thatwhen it is imposed for an offense committed on a lake, river or other stream ofwater, situated in two or more counties, the action may be commenced and triedin any county bordering on such lake, river or stream, and opposite the placewhere the offense was committed;
(2)Against a public officer or person specially appointed to execute the duties ofthe public officer for an act done by the officer or person in virtue of theoffice of the public officer; or against a person who, by the command of thepublic officer, or in aid of the public officer, shall do anything touching theduties of such officer.
14.060Venue of suits against state departments and officials. Any suitagainst any department, official, officer, commissioner, commission or board ofthe state, as such, or in virtue of such status, other than a suit for thecauses enumerated in ORS 14.040, may be brought in the county wherein the causeof suit, or some part thereof, arose.
14.080Venue for other actions; residence of corporations and partnerships. (1) All otheractions shall be commenced in the county in which the defendants, or one ofthem, reside at the commencement of the action or in the county where the causeof action arose. A party resident of more than one county shall be deemed aresident of each such county. If none of the defendants reside in this statethe action may be commenced in any county.
(2)For purposes of this section, a corporation incorporated under the laws of thisstate, a limited partnership or a foreign corporation authorized to do businessin this state shall be deemed to be a resident of any county where thecorporation or limited partnership conducts regular, sustained businessactivity or has an office for the transaction of business or where any agentauthorized to receive process resides. A foreign corporation or foreign limitedpartnership not authorized to transact business in this state shall be deemednot to be a resident of any county in this state.
(3)For purposes of this section, a partnership or other unincorporated associationsubject to being sued in its own name shall be deemed a resident of any countywhere any person resides upon whom summons could be served for service upon thepartnership or unincorporated association. [Amended by 1983 c.163 §1]
CHANGEOF VENUE
14.110When place of trial may be changed. (1) The court or judge thereof maychange the place of trial, on the motion of either party to an action or suit,when it appears from the affidavit of such party that the motion is not madefor the purpose of delay and:
(a)That the action or suit has not been commenced in the proper county;
(b)That the judge is a party to, or directly interested in the event of the actionor suit, or connected by consanguinity or affinity within the third degree,with the adverse party or those for whom the adverse party prosecutes ordefends;
(c)That the convenience of witnesses and the parties would be promoted by suchchange; or
(d)In an action, that the judge or the inhabitants of the county are so prejudicedagainst the party making the motion that the party cannot expect an impartialtrial before the judge or in the county, as the case may be.
(2)When the moving party in an action is a nonresident of the county, theaffidavit required under this section may be made by anyone on behalf of themoving party. [Amended by 2003 c.14 §15]
14.120Time of motion; to what county changed; number of changes. The motion fora change of the place of trial may be made and allowed any time after thecommencement of the action or suit and before the beginning of trial, exceptthat, if the change sought is pursuant to the provisions of ORS 14.110 (1)(a),the motion must be made before filing of the answer. If the motion is allowed,the change shall be made to the county where the action or suit ought to havebeen commenced, if it is for the cause mentioned in ORS 14.110 (1)(a), and inother cases to the most convenient county where the cause assigned as thereason for the change does not exist. Neither party shall be entitled to morethan one change of the place of trial, except for causes not in existence whenthe first change was allowed. [Amended by 1963 c.339 §1]
14.130Transmission of transcript of proceedings and original papers. When the placeof trial has been changed, the clerk shall forthwith transmit to the clerk ofthe proper court, a transcript of the proceedings in such cause, with all theoriginal papers filed therein, having first made out and filed in the office ofthe clerk, authenticated copies of all such original papers.
14.140Payment of costs.The cost of a change of venue on the ground set forth in ORS 14.110 (1)(a)shall be paid by the plaintiff, and failure to pay such cost within 20 daysafter entry of the order for change of venue is ground for dismissal of theaction or suit. The cost of a change of venue on any other grounds shall bepaid by the applicant. The cost of a change of venue on any ground shall not betaxed as a part of the costs of the case; and the clerk may require payment ofsuch costs before the transcript and papers are transmitted. [Amended by 1963c.339 §2]
14.150When court may vacate order. If the transcript and papers are nottransmitted to the clerk of the proper court within the time prescribed in theorder allowing the change, and the delay is caused by the act or omission ofthe party procuring the change, the adverse party, on motion to the court orjudge thereof, may have the order vacated, and thereafter no other change ofthe place of trial shall be allowed to such party.
14.160When change of place of trial deemed complete. Upon the filingof the transcript and papers with the clerk of the court to which the cause istransferred, the change of venue shall be deemed complete, and thereafter theaction shall proceed as though it had been commenced in that court.
TRANSFEROF PROCEEDING AGAINST PUBLIC BODY
14.165Transfer of proceeding against public body; effect of transfer on statute oflimitations; adoption of rules by Court of Appeals; filing fees. (1) If anaction or other proceeding against a public body is filed in circuit court andthe circuit court does not have authority to decide the case, the circuit courtshall:
(a)Transfer the case to the court or tribunal authorized by law to decide the caseif the circuit court determines that another court or tribunal is authorized bylaw to decide the case;
(b)Refer the question to the Court of Appeals if the circuit court is in doubtwhether there is another court or tribunal authorized by law to decide thecase; or
(c)Dismiss the action or proceeding if the circuit court determines that no othercourt or tribunal is authorized by law to decide the case.
(2)If an action or other proceeding against a public body is filed in the Court ofAppeals and the Court of Appeals does not have authority to decide the case,the Court of Appeals shall:
(a)Transfer the case to the court or tribunal authorized by law to decide the caseif the Court of Appeals determines that another court or tribunal is authorizedby law to decide the case; or
(b)Dismiss the action or proceeding if the Court of Appeals determines that no othercourt or tribunal is authorized by law to decide the case.
(3)If a case is transferred by the circuit court under this section to a court ortribunal other than the Court of Appeals, and the court or tribunal determines,on its own motion or on the motion of a party, that the court or tribunal isnot authorized by law to decide the case, the court or tribunal shall refer thequestion to the Court of Appeals.
(4)The Court of Appeals shall adopt rules for the referral of questions to theCourt of Appeals under this section. The rules shall provide opportunity forthe parties to address the question, but shall provide the Court of Appealswith the means to reach an expeditious and summary determination of thequestion.
(5)Upon referral of a question to the Court of Appeals under this section, theCourt of Appeals shall:
(a)Transfer the case to the court or tribunal that the Court of Appeals determinesto be authorized by law to decide the case;
(b)Decide the case if the Court of Appeals is the appropriate court; or
(c)Dismiss the action or proceeding if the Court of Appeals determines that nocourt or tribunal is authorized by law to decide the case.
(6)If an action or proceeding against a public body is transferred under thissection, and the action or proceeding was filed in the transferring courtwithin the time allowed by law for filing the action or proceeding in thereceiving court or tribunal, the case may not be dismissed as not being filedwithin the time allowed by law.
(7)If an action or proceeding against a public body is filed in circuit court orthe Court of Appeals based on a reasonable interpretation of law, and thecircuit court or the Court of Appeals determines that the case should betransferred under this section, the case shall be transferred to theappropriate court or tribunal in the manner provided by this section and maynot be dismissed as not being filed within the time allowed by law if:
(a)Under the interpretation of law made by the person filing the action or proceeding,the action or proceeding was filed in the proper court;
(b)Under the interpretation of law made by the person filing the action orproceeding, the action or proceeding was timely filed in the transferringcourt; and
(c)Any delay caused by the failure to file the action or proceeding within thetime allowed for filing in the receiving court or tribunal does notsubstantially prejudice an adverse interest or public interest.
(8)If an order to transfer is entered under this section, the transferring courtshall send a copy of the order to each party to the action or proceeding.Within 10 days after the entry of the transfer order, the person who filed theaction or proceeding must file a copy of the transfer order in the receivingcourt or tribunal and, subject to any provision for waiver or deferral of fees,pay to the receiving court or tribunal any filing fees charged by that court ortribunal. Within such time as may be allowed by the receiving court ortribunal, the person must then comply with such additional pleading and servicerequirements as may be imposed by the receiving court or tribunal. The personfiling the action or proceeding is not entitled to a refund of any filing feespaid to the transferring court.
(9)The provisions of this section do not apply to any action or proceeding that issubject to the provisions of ORS 34.102.
(10)As used in this section:
(a)“Public body” has the meaning given in ORS 192.410.
(b)“Tribunal” means a public body authorized by law to review decisions of anotherpublic body. [2001 c.561 §1]
14.175Acts, policies or practices of public body capable of repetition and likely toevade judicial review. In any action in which a party alleges that an act,policy or practice of a public body, as defined in ORS 174.109, or of anyofficer, employee or agent of a public body, as defined in ORS 174.109, isunconstitutional or is otherwise contrary to law, the party may continue to prosecutethe action and the court may issue a judgment on the validity of the challengedact, policy or practice even though the specific act, policy or practice givingrise to the action no longer has a practical effect on the party if the courtdetermines that:
(1)The party had standing to commence the action;
(2)The act challenged by the party is capable of repetition, or the policy orpractice challenged by the party continues in effect; and
(3)The challenged policy or practice, or similar acts, are likely to evadejudicial review in the future. [2007 c.770 §1]
DISQUALIFICATIONOF JUDGE
14.210Disqualification of judge for cause; application of section; waiver. (1) A judgeshall not act as such in a court of which the judge is a member in any of thefollowing circumstances:
(a)The judge shall not act as judge if the judge is a party to or directlyinterested in the action, suit or proceeding, except that the judge shall notbe disqualified from acting as such in a case in which the judge is added as aparty after taking any official action as a judge in the action, suit orproceeding, and in that case the judge shall be dismissed as a party withoutprejudice.
(b)Except as provided in ORS 2.111 and 2.570, a judge shall not act as judge ifthe judge was not present and sitting as a member of the court at the hearingof a matter submitted for its decision. A judge may sign an order or judgmentreflecting a decision made by another judge if, for good cause, the judge whomade the decision is not available.
(c)A judge shall not act as judge if the judge is related to any party, or to theattorney for any party, or to the partner or office associate of any suchattorney, by consanguinity or affinity within the third degree.
(d)A judge shall not act as judge if the judge has been attorney in the action,suit or proceeding for any party.
(e)If appeal is made from a decision of another court, or judicial review of adecision of an administrative agency is sought, a judge shall not act as judgeon appeal if the judge participated in making the decision that is subject toreview.
(2)This section does not apply to an application to change the place of trial, orthe regulation of the order of business in court. In the circumstancesspecified in subsection (1)(c) and (d) of this section, the disqualificationshall be deemed waived by the parties unless a motion for disqualification ofthe judge is made as provided by statute or court rule. [Amended by 1983 c.763 §59;1999 c.659 §3]
14.220 [Repealed by1955 c.408 §2]
14.230 [Repealed by1955 c.408 §2]
14.240 [Repealed by1955 c.408 §2]
14.250Disqualification of judge; transfer of cause; making up issues. No judge of acircuit court shall sit to hear or try any suit, action, matter or proceeding whenit is established, as provided in ORS 14.250 to 14.270, that any party orattorney believes that such party or attorney cannot have a fair and impartialtrial or hearing before such judge. In such case the presiding judge for thejudicial district shall forthwith transfer the cause, matter or proceeding toanother judge of the court, or apply to the Chief Justice of the Supreme Courtto send a judge to try it; or, if the convenience of witnesses or the ends ofjustice will not be interfered with by such course, and the action or suit isof such a character that a change of venue thereof may be ordered, thepresiding judge may send the case for trial to the most convenient court;except that the issues in such cause may, upon the written stipulation of theattorneys in the cause agreeing thereto, be made up in the district of thejudge to whom the cause has been assigned. [1955 c.408 §1(1); 1981 c.215 §5;1987 c.338 §1; 1995 c.781 §28]
14.260Affidavit and motion for change of judge; time for making; limit of two changesof judge.(1) Any party to or any attorney appearing in any cause, matter or proceedingin a circuit court may establish the belief described in ORS 14.250 by motionsupported by affidavit that such party or attorney believes that such party orattorney cannot have a fair and impartial trial or hearing before such judge,and that it is made in good faith and not for the purpose of delay. No specificgrounds for the belief need be alleged. Such motion shall be allowed unless thejudge moved against, or the presiding judge for the judicial district,challenges the good faith of the affiant and sets forth the basis of suchchallenge. In the event of such challenge, a hearing shall be held before adisinterested judge. The burden of proof shall be on the challenging judge toestablish that the motion was made in bad faith or for the purposes of delay.
(2)The affidavit shall be filed with such motion at any time prior to finaldetermination of such cause, matter or proceedings in uncontested cases, and incontested cases before or within five days after such cause, matter orproceeding is at issue upon a question of fact or within 10 days after theassignment, appointment and qualification or election and assumption of officeof another judge to preside over such cause, matter or proceeding.
(3)No motion to disqualify a judge shall be made after the judge has ruled uponany petition, demurrer or motion other than a motion to extend time in thecause, matter or proceeding. No motion to disqualify a judge or a judge protem, assigned by the Chief Justice of the Supreme Court to serve in a countyother than the county in which the judge or judge pro tem resides shall befiled more than five days after the party or attorney appearing in the cause receivesnotice of the assignment.
(4)In judicial districts having a population of 100,000 or more, the affidavit andmotion for change of judge shall be made at the time and in the mannerprescribed in ORS 14.270.
(5)No party or attorney shall be permitted to make more than two applications inany cause, matter or proceeding under this section. [1955 c.408 §1(2); 1959c.667 §1; 1981 c.215 §6; 1987 c.338 §2; 1995 c.781 §29]
14.270Time of making motion for change of judge in certain circumstances; limit oftwo changes of judge.An affidavit and motion for change of judge to hear the motions and demurrersor to try the case shall be made at the time of the assignment of the case to ajudge for trial or for hearing upon a motion or demurrer. Oral notice of theintention to file the motion and affidavit shall be sufficient compliance withthis section providing that the motion and affidavit are filed not later thanthe close of the next judicial day. No motion to disqualify a judge to whom acase has been assigned for trial shall be made after the judge has ruled uponany petition, demurrer or motion other than a motion to extend time in thecause, matter or proceeding; except that when a presiding judge assigns to thepresiding judge any cause, matter or proceeding in which the presiding judgehas previously ruled upon any such petition, motion or demurrer, any party orattorney appearing in the cause, matter or proceeding may move to disqualifythe judge after assignment of the case and prior to any ruling on any suchpetition, motion or demurrer heard after such assignment. No party or attorneyshall be permitted to make more than two applications in any action orproceeding under this section. [1955 c.408 §1(3); 1959 c.667 §2; 1969 c.144 §1;1981 c.215 §7; 1995 c.781 §30]
14.275Disqualification of appellate judge. A party or an attorney for a party in acause before the Supreme Court or Court of Appeals may move to disqualify ajudge of the Supreme Court or of the Court of Appeals for one or more of the groundsspecified in ORS 14.210, or upon the ground that the judge’s participation inthe cause would violate the Oregon Code of Judicial Conduct. [1999 c.659 §4]
