Small Claims

NO FORMAL PLEADING. 

Other than the CLAIM and NOTICE OF CLAIM, no formal pleading is necessary. The hearing and dispositionof all actions shall be informal, the sole object being to dispense justicebetween the litigants promptly.  ORS 55.080


NO ATTORNEYS. 

No attorney at law or anyperson other than the plaintiff and defendant shall become involved in or inany manner interfere with the prosecution or defense of a small claim withoutthe consent of the justice of the peace. ORS 55.090(1)


WITNESSES.  

The parties may offerevidence in their behalf by witnesses appearing at the hearing; the justice ofthe peace may informally consult witnesses or otherwise investigate thecontroversy. ORS 55. 090(1)


JUDGMENT. 

The Justice of the Peace shall give judgment or make such orders as thejustice deems right, just and equitable for the disposition of the controversy. ORS 55.090(1).


REGARDING APPEALS FROM SMALL CLAIMS IN AJUSTICE COURT. 

The judgment of the court shall be conclusive upon the plaintiffin respect to the claim filed by the plaintiff and upon the defendant inrespect to a counterclaim asserted by the defendant. The defendant may appealif dissatisfied in respect to the claim filed by the plaintiff. The plaintiffmay appeal if dissatisfied in respect to a counterclaim asserted by thedefendant. A party entitled to appeal may, within 10 days after the entry ofthe judgment against the party, appeal to the Circuit Court for the county inwhich the Justice Court is located. If final judgment is rendered against theparty appealing in the appellate court, that party shall pay, in addition tothe judgment, an attorney’s fee to the other party in the sum of $10. Appealsfrom the small claims department shall only be allowed in cases in whichappeals would be allowed if the action were instituted and the judgmentrendered in the justice courts, as is provided by law. ORS 55.110