Justice Court

The Justice Court for Baker County District #1 is a contemporary link with Baker County history bringing pioneer tradition and heritage into the new century while continuing to provide "Equal Justice Under the Law" in an expeditious manner to everyone within our jurisdiction.

Justice and Circuit courts have concurrent jurisdiction within their county in all criminal prosecutions except felony trials.

Justice Courts have jurisdiction over traffic, boating, wildlife, and other violations occurring in their county as well as small claims/civil jurisdiction where the money or damages claimed does not exceed $10,000.00 and landlord/tenant F.E.D actions.

Justice of the Peace also performs weddings at no charge if performed at their offices during regular business hours.

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Baker County Justice Court
Baker County Courthouse
1995 Third Street
Baker City, OR 97814
Telephone: 541-523-8213

Justice Court

Court Calendar

Business Hours:
8:00am-5:00pm open through lunch
Closed Holidays, Weekends
Phone: 541-523-8213
Fax: 541-523-8360

Holidays:

New Year's Day		Monday January 1, 2023
Martin Luther King, Jr. Day		Monday January, 15, 2023
President's Day		Monday February 19, 2023
Memorial Day		Monday May 28, 2023
Independence Day		Wednesday July 4, 2023
Labor Day		Monday September 3, 2023
Veteran's Day		Monday November 12, 2023
Thanksgiving Day		Thursday November 22, 2023
		Friday November 23, 2023
Christmas Day		Tuesday December 25, 2023
New Year's Day		Tuesday January 1, 2023

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Justice Court

Contacts

Baker County Justice Court District #1

Including Huntington & Pine Eagle Justice Court

1995 3rd Street, Suite 170

Baker City, OR 97814

Phone: 541-523-8213

Fax: 541-523-8360

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Baker County Justice Court
Baker County Courthouse
1995 Third Street
Baker City, OR 97814
Telephone: 541-523-8213

Justice Court

Directions

View Larger Map

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Baker County Justice Court
Baker County Courthouse
1995 Third Street
Baker City, OR 97814
Telephone: 541-523-8213

Justice Court

Evictions

Forcible Entry and Detainer (FED) Landlord/Tenant Information

GENERAL INFORMATION
An FED (Forcible Entry and Detainer) is a court action by a landlord against a tenant to remove the tenant from the rented dwelling (house, apartment, mobile home, mobile home space, or floating home). The FED action is for possession of the property only. In Oregon, all evictions from residential dwellings must go through the court. A favorable judgment for the landlord, plaintiff, will result in restitution of the premises by a specified date, as well as court costs. The court will not give the landlord a judgment for monies owed. A landlord must file a separate small claims action to be awarded a judgment to collect delinquent rent, damages or to process other non-possession claims.

NOTICE
Prior to seeking help from the Court, the landlord must serve proper notice. If the tenant is required by the landlord to do something (ie: pay rent) or to quit doing something (ie: loud music), the landlord cannot obtain help from the Court unless the tenant does not comply with the notice. In the case of failure to pay rent, the rent must be seven (7) or more days past due before a complaint can be filed with the Court. If the landlord accepts a partial rent payment, the original notice may no longer be effective.

FILING A COMPLAINT
The summons and complaint forms can be obtained at Baker County Justice Court or you may print ALL pages of the eviction packet below. BE SURE THAT YOU HAVE PRINTED PAGES 1-12. The landlord must fully complete the forms and provide four (4) copies of the notice given to the tenant. The envelope needs to be addressed to the defendant. The landlord must pay a filing fee to the Court, as well as a service fee to whoever is to serve the documents. Service may be made by the Sheriff or private process server.

< FIRST APPEARANCE
After the landlord files the complaint and pays the filing fees court will schedule the first appearance. The date will be chosen based on availability of the court during the statutorily required time frame. The trial will be held at the time scheduled for a first appearance unless good cause shown for a continuance. If continued, it will be set within 2 weeks unless the landlord agrees to a later date. If the landlord and tenant reach an agreement or the defendant complies with the landlord's request prior to the first appearance, the landlord may submit a written request to the Court to have the case removed from the docket.

ANSWER
If tenant contests the eviction, the tenant must file an answer before the first appearance. The tenant must pay an answer filing fee, or receive a deferral from the judge. Answer forms are included in the Eviction Packet forms on this website or from the Court. The tenant fills out the answer form with the valid defense information. The tenant then files the answer form with the Court and serves the landlord with a copy. If the tenant fails to file an answer, the court may issue a judgment of restitution.

TRIAL
At the trial both landlord and tenant are allowed to offer evidence. YOU MUST BRING ALL EVIDENCE OR WITNESSESS WHICH YOU WOULD LIKE THE JUDGE TO CONSIDER TO THE TRIAL. The judge will rule on the case. If a jury trial is requested, additional fees will be required.

JUDGMENT
If the defendant fails to appear at one of the hearings or at trial, a judgment of restitution can be ordered by the judge upon a request from the plaintiff. If after hearing the evidence at a trial, the judge may enter a judgment of restitution or a judgment or dismissal. The judgment of the Court is recorded as public record.

ENFORCING JUDGMENT
If a judgment of restitution of premises is rendered by the Court, the landlord shall enforce the judgment by paying the fee and having the Court Clerk issue a Notice of Restitution. The notice is served on the tenant and gives the tenant four (4) working days from the date of service to vacate the premises. The landlord must make arrangements for service with either the Sheriff or a private process server. If the notice is not complied with and no hearing is requested, the landlord must return to the Court to request a Writ of Execution. The Court clerk issues the writ which must be served by the Sheriff's Office.

SHERIFF EXECUTION For a fee, the Deputy Sheriff will schedule an appointment to meet the landlord at the property and physically remove the tenant.

STORAGE OF TENANT PROPERTY Please refer to ORS 105.165 contract an attorney for information on the landlord's obligation to store tenant property.

Please click HERE to receive Eviction Packet.









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Baker County Justice Court
Baker County Courthouse
1995 Third Street
Baker City, OR 97814
Telephone: 541-523-8213

Justice Court

Filing Fees

51.310 Schedule of fees; payment of fees to county treasurer. (1) Except as provided in ORS 105.130, the justice of the peace shall collect, in advance except in criminal cases, and issue receipts for, the following fees:

-Plaintiff Filing Fee-Civil Action, $90
-Defendant Filing Fee/Answer-Civil Action, $90
-Trial Fee-Civil Action, $75
-Small Claims Plaintiff Filing Fee, $37
-Small Claims Defendant Filing Answer/Counter Claim, $35
-Transcript of Judgement to Circuit Court, $9
-Entering Transcript from Small Claims Judgement to Justice Court Civil Dockets, $9
-Certified Copies, $3.50
-Writs of Execution or Granishment, $20
-Copies of Records per page, $.25/page
-Costs in Criminal Cases when there has been a conviction, $5
-Upon Forfeiture of Security or Bail on Criminal Cases, 15%
-Official Certificate, $10
-Taking and Certifying an Acknowledgement for Proof of any Instrument for Private Party, $3
-FED-Plaintiff Filing Fee, $83
-FED-Plaintiff Filing Fee if commercial or non-residential, $90
-FED-Defendants answer fee to contest, $83
-NSF Check Fee, $50

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Baker County Justice Court
Baker County Courthouse
1995 Third Street
Baker City, OR 97814
Telephone: 541-523-8213

Justice Court

Juror Information

THANK YOU FOR SERVING OREGON

Welcome to jury service in Oregon's state trial courts. All of us in your state court system thank you for your time and willingness to serve, whether as a juror summoned to serve in our trial courts or as an employer whose employee has been summoned. From personal experience, I know that jury service is hard work. It is also some of the most important work that any of us will ever do.

Jury service is an important part of our heritage - a government of the people, by the people, and for the people. The right to trial by jury is a fundamental right given by our state and federal constitutions to protect us all so that government or others cannot deprive us of life, liberty, or property without due process of law. In return, the constitutions ask citizens to serve as jurors.

Juries represent a cross-section of the community's citizens. Jurors are officers of the court, as are judges and lawyers. Trial jurors hear both sides of the case and determine the facts. The judge instructs the jury on the law to apply, and the jury applies that law to the facts to reach a decision. Grand jurors hear evidence about crimes and determine whether there is enough information to require a person to stand trial for committing a crime.

Jury service, therefore, is a significant civic responsibility and fundamental duty of citizenship to protect our many rights and privileges. The limited fees and expenses allowed by state law mean that jury service sometimes calls jurors and their families and employers to sacrifice time, work, and money to preserve justice and the rule of law in our society.

I give special thanks to all who serve despite inconvenience and even financial hardship. And I thank employers who encourage their employees to serve when called. You help our courts work more efficiently, reduce delay, and ensure that juries better reflect a true cross-section of their communities.

Because we know that jury service demands much of jurors and their employers, we work continually to improve jury service. We are working to reduce its financial impact and inconvenience for jurors and their families and employers. We are working to give jurors better tools to do their work so that the work is rewarding.

We in Oregon's state court system know there can be no justice without you. We thank you for serving Oregon.

Paul J. De Muniz
Chief Justice
Oregon Supreme Court

GENERAL INFORMATION

How long is a term of service? From four to six months.

How will I be compensated? You will receive $10.00 per day of attendance and eight cents per mile round trip outside city limits.

What are hours of the court? Court is normally in session for trials from 8:00 am to 5:00 pm. Times may vary depending upon the trial.

What happens if I receive a questionnaire from Circuit Court and one from Justice Court? You will be excused from Justice Court. Circuit Court takes precedence. You must notify Justice Court if this occurs.

What is proper attire for serving on a trial? Jurors are officers of the court and are expected to dress accordingly while performing this serious duty.

What happens if I am acquainted with the Defendant? You must appear at the time and date as stated on your subpoena. Your removal from trial will determined by the District Attorney or the Defense Attorney.

Is lunch provided? Drinks and cookies are provided during recess. Trials will recess for lunch. You will be responsible for your own lunch.

How do I know if the trial is still taking place? If you have not received a telephone call from Justice Court staff, please call the afternoon before the trial.

How do I get excused from service? You may ask to be excused if you are over 70 years of age, enrolled in college, serving in the military, breast feeding a child, no longer a Baker County resident or other reasons. The court reviews requests to be excused from jury duty.

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Baker County Justice Court
Baker County Courthouse
1995 Third Street
Baker City, OR 97814
Telephone: 541-523-8213

Justice Court

Law Links

United States Constitution

Supreme Court of the United States Opinions

Oregon Constitution

Oregon Case Law

Oregon Statutes

Oregon Administrative Rules

Oregon Fish and Wildlife Regulations

Baker City Ordinances

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Baker County Justice Court
Baker County Courthouse
1995 Third Street
Baker City, OR 97814
Telephone: 541-523-8213

Justice Court

Small Claims

Small claims are filed to resolve disputes between parties without an attorney. The maximum amount claimed cannot exceed $10,000.

Instructions and forms are available at the links below. These instructions are not meant to constitute legal advice. If you need legal advice please contact an attorney.

 

Small Claim and Notice of Small Claim

Defendant's Response

Small Claims Agreement

Declaration of Noncompliance and Request for Judgment

Motion for Default Judgment and Defendant Status Declaration

Small Claims Judgment and Money Award

Small Claims Packet

Post Judgment Procedures Information Sheet

Residential Eviction Information



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Baker County Justice Court
Baker County Courthouse
1995 Third Street
Baker City, OR 97814
Telephone: 541-523-8213

Justice Court

Traffic Casses

GENERAL INFORMATION ABOUT TRAFFIC CITATIONS AND COMPLAINTS It is important to read your traffic summons as it contains important information:

The front of your summons tells you:

1. If you have been charged with a CRIME or VIOLATION.
2. Where you are to appear. The address for Baker County Justice Court is 1995 Third Street, Baker City, Oregon 97814. Phone 541-523-8213. Directions are available on this website.
3. The type of offense(s) alleged.
4. The base fine amount imposed.
5. Your court appearance Date, Time and Location.

The back of your summons tells you:
1. If you are charged with a CRIME you must appear at the time and place set by the summons or if the summons says 'lodged', at the time and place listed on your release agreement from the jail.
2. If you are charged with a violation(s) the options available to you when responding to the charges on the citation are:

For Traffic violations do one (and only one) of the options listed below:
Option 1 - Personally appear at the court at the appearance time indicated on your citation to enter a plea or before that time, to orally request a trial. You have a right to trial, and if you plead not guilty when you appear, the court will mail you a notice of the date and time of your trial.

Option 2 - Enter a plea of guilty or no contest by written appearance. To choose this option do all the following before the time this summons requires you to appear.

1. On your summons, check AND initial one (and only one) of the following pleas: I plead guilty_____ (initial) I plead no contest_____ (initial)

2. Sign and date the summons AND

3. Deliver or mail the summons and any optional attached written statement AND

4. With the summons, send or take to the court a check or money order for the full base fine amount as shown on the front of the summons.

Important: Choosing this option makes a written appearance and waives your right to trial. If you plead GUILTY, you agree to the penalties for your offense. If you plead NO CONTEST, you consent to any court judgment based on your plea and statement and the officer's report. If it finds you guilty, the court may keep all or part of the money you pay, but will return any left after taking out the sanction amount. If you choose this option, the court will not fine you more without giving you notice to come to a hearing.

Option 3 - Enter a plea of not guilty by written appearance. To choose this option do all of the following before the time the summons requires you to appear.

1. Sign and date the back of your summons AND

2. Deliver or mail to the court the summons by itself or with a written request for trial. Important: Choosing this option makes a written request for hearing. The court will give you notice of the time and place when you MUST appear. The court may impose penalties if you do not appear at the time given on your summons. The court may require you to deposit money to assure your appearance if you have failed to appear on any offense charges in the past.

Option 4 - Contact the Court Clerk, before the time this summons requires you to appear, and determine if you qualify for a trial by affidavit under ORS 153.080.

If so, the trial will be based upon sworn, written statements and future court appearances may not be necessary. It is possible that you may not qualify for trial affidavit. In that case you must comply with one of the other options.

Click HERE for trial by affidavit forms.

PAYING A TRAFFIC TICKET:

If you plead guilty, no contest or are convicted of a traffic violation, payment of your fine is immediately due. In cases where a person needs extra time to pay, please contact the court clerks for information on payment plans. You may pay your fine in person in case, by sending a check or money order, or with a Visa or Mastercard online.

Click HERE to make a payment online.

Please note that Oregon has mandatory minimum base fines. Those base fines are set by the legislature. The court can lower the fine amount that appears on your summons in some cases, by a limited amount.







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Baker County Justice Court
Baker County Courthouse
1995 Third Street
Baker City, OR 97814
Telephone: 541-523-8213

Justice Court

Weddings

The Court performs weddings at no charge at Baker County Justice Court during regular business hours, 8 a.m. to 5 p.m., Monday through Friday.

The bride and groom need to have two witnesses for the ceremony, and the witnesses need to be at least 18 years of age. The court clerks can sometimes act as witnesses, schedule permitting. Please let the court know if you are not bringing your own witnesses.

Feel free to bring your camera and flowers.

The bride and groom need to first obtain a marriage license from any county clerk in Oregon. There is normally a three day waiting period, but the clerk can waive that period. A license is valid for sixty days. In Baker County, you may obtain your marriage license from Baker County Clerk at the Baker County Courthouse, 1995 Third Street, Baker City, OR 97814.

For further information on Marriage Licenses see the Clerks office at http://www.bakercounty.org/clerks/clerks.html

Weddings in the courthouse can be scheduled by calling the court at 541-523-8213.

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Baker County Justice Court
Baker County Courthouse
1995 Third Street
Baker City, OR 97814
Telephone: 541-523-8213

Justice Court

Policy

This information is compiled and made available for public use by the Baker County Justice Court through its computer system. We welcome your usage of this informational web site. Every effort is made to provide accurate and current information. However, due to updating cycles and resources, some errors or outdated information may occur. The information on the Justice Court web site is provided "AS IS". Baker County Justice Court, therefore, makes no warranties regarding the accuracy, legality, reliability, or content of the information provided on the Justice Court web site. Baker County Justice Court DISCLAIMS any responsibility of liability for errors, omissions, and the accuracy of any information contained on the Justice Court web site. In any situation where the official records or official printed publications of the Baker County Justice Court differ from the contents of records or publications contained in this system, the official records or written publications take precedence.

The use of this web site, as with all internet usage, may pose the risk of damage to user computer systems because of the presence of computer viruses, software and hardware incompatibility or defects, and other factors associated with use of the emerging and dynamic internet system. Users of the Baker County web site assume all risks associated with the use of this web site, including the risks that damage may occur to user computer systems, software or data stored on or contained in user computer systems. Baker County Justice Court DISCLAIMS all responsibility and liability for ALL types of damages including damages to compensate for loss of use, loss of profits, business interruption, procurement of substitute goods or services, and loss of revenues caused by any failure of performance, transmission of information or data, communication line failure, computer virus, theft, destruction, unauthorized access or alteration regardless whether for negligence, breach of contract, or any other cause of action.

Users of this site may access the World Wide Web through links listed on the Baker County web site. Baker County cannot control information accessed after leaving the Baker County web site. Baker County is not responsible for the contents, accuracy, or veracity of any of the information contained on off-site web pages, nor endorsement of those sites. Baker County provides the links only as an informational courtesy.

NO commercial use of the information or data located on this web site may be made without the express written consent of Baker County.

Baker County may monitor the use of this web site for illegal, criminal, and unauthorized activities. If such activities are detected, Baker County may provide evidence of those activities to law enforcement officials. Users of the Baker County web site expressly consent to monitoring by Baker County.

Baker County reserves the right to modify the web site at any time. Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of the State of Oregon.

Reference on any Baker County web page to any commercial product, service or process does not constitute or imply Baker County's endorsement, recommendation or favoring of that product, service or process.