Oregon Justice Court Defendant Response — How It Differs from Circuit Court

Oregon Has Two Courts That Handle Small Claims

Most defendants assume all Oregon small claims cases go through Circuit Court. They do not. Oregon also has Justice Courts — separate courts in certain counties that handle small claims under ORS Chapter 52. Circuit Court small claims are governed by ORS Chapter 46. If your case caption says "Justice Court of the State of Oregon for the District of [District Name]," you are in a Justice Court, and several rules are different.

Check the header on your Notice of Claim carefully. The distinction matters because OJD's statewide SC-Response form is for Circuit Court, while Justice Courts are separately administered. Confirm with the Justice Court clerk which response form and filing method that court accepts.

Which Counties Have Justice Courts

Justice Courts operate in counties where an Intergovernmental Agreement (IGA) under ORS 46.405(6) designates the Justice Court as the exclusive small claims forum. They are most common in suburban and rural counties. Clackamas County, Deschutes County, and Washington County all have active Justice Courts handling small claims.

If your county has both a Circuit Court and a Justice Court, the IGA determines which one handles small claims. The court named on your papers is the court you file with — do not try to transfer your response to a different court on your own.

Confirm the Form Your Justice Court Accepts

OJD's statewide SC-Response form is for Circuit Court. Justice Courts are separately administered, so confirm the response form and filing rules with the local court before filing.

Do not assume a Circuit Court form will be accepted by a Justice Court unless that court confirms it. Justice Court forms and filing rules are not listed in OJD's statewide Circuit Court small claims forms portal.

To get the correct form:

• Call or visit the Justice Court clerk's office in person
• Check the county's Justice Court website if one exists
• Ask the clerk whether electronic filing is available (many Justice Courts are paper-only)

Response Deadline: Still 30 Days

HB 2463 (effective January 1, 2026) extended the response deadline to 30 calendar days for both Circuit Courts and Justice Courts. The deadline calculation works the same way: count from the date of service, and if day 30 falls on a weekend or holiday, it rolls to the next business day.

Fees Differ

The Justice Court fee for a defendant requesting a hearing is $37. Circuit Court response fees are $57 for claims up to $2,500 and $102 for claims over $2,500.

Ask the clerk for the exact fee before filing. Some Justice Courts accept only cash or money orders — personal checks and credit cards are not universally accepted.

Appeal Routes Diverge Significantly

This is where the two systems are most different, and it matters even at the response stage because it affects your strategy:

Circuit Court small claims judgments cannot be appealed under ORS 46.485(4). Under ORS 46.475(5), the court may set aside a default judgment or dismissal for good cause shown within 60 days. Demanding a jury trial (for claims over $750) transfers the case to the regular civil docket.

Qualifying Justice Court small claims judgments from a court that has not become a court of record can be appealed to Circuit Court under ORS 52.815 and 52.820. The Circuit Court decides the appeal anew without a jury, and the notice of appeal must generally be filed and served within 30 days under ORS 55.160. There is no appeal from a Justice Court small claims department that is a court of record; a judgment by confession or for want of an answer cannot be appealed, though an order denying relief from default can be appealed. A judgment with less than $100 in controversy also cannot be appealed.

This trial de novo right is unique to Justice Courts. Circuit Court small claims decisions do not get this automatic second chance.

What Stays the Same

Despite the procedural differences, the core defendant experience is similar:

• You still have four response options (pay, deny/hearing, jury trial demand, counterclaim)
• The 30-day deadline is the same
• Attorneys are generally prohibited without court permission
• Mediation may be required before trial depending on the county
• Default judgment rules work the same way — miss the deadline and the plaintiff can get a judgment without a hearing

The Oregon Small Claims Response Guide covers both Circuit Court and Justice Court procedures, including the different forms, fees, and appeal routes for each system.

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