Are Oregon Court Records Public?
Oregon court records are public as provided by the Oregon Public Records Law, passed in 1973 and amended in 1997. This law authorizes the general public to request access to court records and inspect or make copies of them. Not all court records are open to the public; some are confidential and protected statutorily. Confidential documents are sealed from public view due to reasons like the age of the party involved, the protection of the party's privacy rights, the sensitivity of the record, and other grounds provided by the law.
What Shows Up on an Oregon Court Records Search
Oregon court records are documents generated through legal actions and case proceedings at a court in Oregon. Court records are maintained by the court clerk where a case is filed or heard. The record may comprise case information, dockets, transcripts of hearings, documents filed in a case, and judgments.
The Oregon Judicial Branch provides several options for conducting court records searches. Requestors can obtain case information by contacting court staff (of the clerk's office) on the phone. Individuals who wish to conduct in-person court record searches can visit the courthouse to use the public access computer terminals. An Oregon court records search can be done by sending a request by email to the designated local court. The Oregon Judicial Department provides two remote access options. Records seekers may conduct court records searches to obtain case calendars and basic case information using the OJD Records and Calendars Search tool. The Oregon Judicial Case Information Network (OJCIN) tool provides access to court judgment dockets and official Register of Actions from Oregon State courts.
Oregon court records are vital to the judiciary and the public. Through court records, justice administrators in Oregon can assess the significance of the various courts and the efficiency level of the court system. Court records enhance the effective caseload management by the courts. It also allows litigants to follow up on case trials/ hearings and action deadlines. Members of the public can use data from court records for research.
Court record searches can provide insight into the typical cases in Oregon, the documents filed in each case, and the types of deposition and judgment.
How Do I Find Court Records in Oregon?
The first step in obtaining court records in Oregon is to find out the record custodian of the requested court records (if this is unknown). Typically, the record custodian is the court clerk where a case was filed. The court clerk performs the duty of generating and maintaining official court records. The Find a Court portal helps interested persons locate a court and provides the court's contact information, location, and website. There are different types of courts in Oregon; hence it is important to know which court the case was filed in, as this will aid the search process.
Having identified the court where the case was filed, a request may be sent to this court by mail or in person to access the records. Depending on the type of court records being requested, interested persons may draft requests in writing or complete the request form and submit it either in person or by mail.
Oregon Court Records Public Access
The Oregon Judicial Case Information Network (OJCIN) provides access to non-confidential case dockets via a paid subscription for court case records. The OJCIN system only grants access to open records. Interested persons are to log in with registered accounts or create an account if they do not have one. The fee for creating a new account is $150.
The Judicial Department also offers free online access to unofficial court case information for circuit court cases. Search this online portal by providing the case number or full name of the parties involved in the case.
The fee for a certified court record copy is $5 fee per certificate, in addition to a $0.25 fee per page. Payment must be made before a request can be processed. Requestors must provide the following information during requests:
- Type of record(s)
- Estimated date(s) the record was created or received
- Subject matter
- Names of parties involved in the record or who created or received the record
- The number of copies to be produced
- State what copies should be certified.
The requestor's personal information that must be included in the request is as follows:
- Name and signature
- Address
- A telephone number where the requestor can be reached during business hours
- Email address, if available
How to Conduct an Oregon Court Record Search by Name
Record seekers can conduct Oregon court records by name through the Oregon Judicial Department's website. Inquirers can use the OJD Records and Calendars Search tool to conduct court record searches by case party name, business name, attorney name, or judicial officer (judge name). To use the OJD Records and Calendars Search tool, visit Oregon Judicial Department, and select court calendar or online record search. On the court calendars page, select a particular location, and on the search page, select the criteria (attorney, judicial officer, or case party names) to search by name.
Pursuant to Federal and State laws, the OJD Records and Callenders Search tool does not provide access to records of sealed or restricted cases such as adoption, juvenile, mental health, and cases under the Violence Against Women Act. Inquirers may not need to register a user account to access the court calendars and basic case information portal.
How to Get Court Records Online for Free
To get court records online for free in Oregon, record seekers may use the Oregon Judicial Department's website or other independent private websites that provide record search services. The OJD Records and Calendar Search tool offers remote access to case information and calendar free of charge. The public access computer terminal may be used to get court records online for free; only, the record seeker will have to visit the courthouse to use this option. Requests for court records can also be made by sending an email request to the clerk of court at no cost.
Interested persons may use the United States Courts Opinions to get court records online for free. To access court records (opinions) through this portal, visit the website, then select the US District Court in Oregon and the year from the dropdown list.
Additionally, inquirers may use other available online portals to obtain court records at a low cost. The Oregon Judicial Case Information Network (OJCIN) provides access to the official Register of Actions and Judgment at a subscription. OJCIN can be used to access the database of the Oregon eCourt Case Information Network (OECI) and Oregon Appellate Case Management System (ACMS). PACER (Public Access to Court Electronic Records) provides per-page fee services to view case records in the US Federal Court record repositories.
Considered open to citizens of the United States, court records are available through both traditional, government sources, and through third-party websites and organizations. In many cases, third-party websites make the search easier as they are not limited geographically or by technological limitations. They are considered a good place to start when looking for a specific record or multiple records. In order to gain access to these records, interested parties must typically provide:
- The name of the person listed in the record. Juveniles are typically exempt from this search method.
- The last known or assumed location of the person listed in the record. This includes cities, counties, and states.
While third-party sites offer such services, they are not government sponsored entities, and record availability may vary on these sites when compared to government sources.
What Shows Up on Oregon Judgment Records?
Judgment records in Oregon describe the outcome of a criminal or civil case filed and adjudicated in a court of competent jurisdiction. The judgment record is a physical testament to this adjudication. The document is a public record per the Oregon Public Records Law, and the clerk of courts is the designated record custodian.
Persons who wish to obtain Oregon public records must visit the clerk's office during business hours and provide the case information, especially the case number and litigants' names. Providing this information facilitates the search for records sought.
Meanwhile, an individual who wishes to obtain judgment records must also pay court administrative fees to cover the labor cost of retrieving the documents and making copies of the judgment record. These fees are payable by cash, money order, certified check, and credit card. Another way to obtain judgment records is via the Oregon Judicial Case Information Network. People wishing to search this online repository must know the case number and litigants' names.
Oregon judgment records contain varying information, depending on the case type. In any way, persons who obtain Oregon judgment records can expect to see the litigants' names, the judge's name, a short case background, and the issued judgment.
Are Oregon Bankruptcy Records Public?
Oregon bankruptcy records are considered public and can be accessed by almost anyone. Such records contain financial information about people and businesses that filed for bankruptcy. To obtain bankruptcy records in Oregon, requesters may need to provide the bankruptcy case number, which can be obtained through the court's automated voice case information system or public access terminal in Oregon's bankruptcy court divisional office. A case name, the name of the entity that filed the case, or their social security number are required to get the bankruptcy record. There is only one federal bankruptcy court in Oregon, the United States Bankruptcy Court, District of Oregon.
Bankruptcy records and related documents such as Oregon liens, judgments, writs, and contracts are maintained and disseminated according to the state's Public Information Act. Interested persons may view or copy these records by querying the record custodian in the jurisdiction where the petition or claim was filed.
How to Find Bankruptcy Records in Oregon
To find bankruptcy records in Oregon, record seekers need to identify the court with the jurisdiction to hear bankruptcy cases. In the United States, bankruptcy court records are maintained in the court records repositories of the US Department of Justice. Federal court records can be obtained through the Public Access to Court Electronic Records (PACER)).
Record seekers can use the Case Locator on the US Bankruptcy Court for the District of Oregon website to find bankruptcy case records in Oregon. This case locator serves as the entry point to the PACER Services Portal, where Oregon bankruptcy case records can be searched. However, the PACER Services Portal requires a subscription/ user account to conduct a record search at a fee ($0.10 per page for a random record search).
Requestors can also make requests to the court clerk by email, and the requested document will be emailed in PDF format at no cost. Requests by email must include the debtor's name, case number, and the specific document (discharge order, petition & schedules, or order or dismissal).
An in-person request can also be made at the Bankruptcy Court location. There are charges involved in obtaining bankruptcy records at the court location. Personal search using the computer terminal is charged $0.10 per page and $32:00 for a search by court staff (a clerk). Record copies can be obtained at $0:50 per page and $11:00 for a certified document. These fees also apply to requests made by mail. Requests made by mail must include the debtor's name, case number, requestor's name/ daytime phone number, and a self-addressed stamped envelope.
Can You Look Up Court Cases in Oregon?
Yes, interested persons can look up court cases in Oregon on judgment dockets and official Register of Actions from Oregon State Courts, including trial, appellate, and tax courts. Oregon Judicial Case Information Network (OJCIN) enables registered users to keep track of court cases online at a relatively affordable subscription cost. Individuals can only access court case records not sealed from public view and non-confidential case dockets on the OJCIN.
To use the OJCIN platform, log in to an existing account, or create an account, the fee for creating a new account is $150. AlTheregon Judicial Department also provides free online access to court calendars and basic case information for the Oregon Circuit Courts and the Oregon Tax Court. The Oregon Judicial Department does not provide court records or court calendar information for some cases through this service, such as adoption, juvenile, mental health, and cases that fall under the Violence Against Women Act (VAWA).
Oregon Court Case Lookup Exemptions
Under Oregon Revised Statutes 192, all public records maintained by public bodies in Oregon are open to inspection and copying by members of the public. However, according to ORS.192.338, there are exceptions to public records that members of the public can access. Oregon Court Case lookup exemptions comprise the Attorney General Catalog of exemptions from disclosure, the Public records conditionally exempt from disclosure (ORS.192.345), and the Public records exempt from disclosure (ORS.192.355).
Generally, court case information and documents that are exempted from public access are
- Records of cases sealed by the court or restricted by law
- Personally-identifying information
- Drug court program records
- Jury source lists
- Child support records
- Adoption records
- Juvenile case records
- Mental health records
- Records of cases classified under the Violence Against Women Act
- Investigatory information compiled for criminal law purposes
How to Find a Court Docket in Oregon
Oregon court dockets are regarded as case registers or logs that contain lists of events and brief descriptions of every filing in a case. Case events include documents filed, hearings and trials, notices, judgments, and reminders/ action deadlines. However, case dockets do not include copies or details of the documents in a case file. Court case dockets are used by the courts to manage court caseloads and to disseminate basic case information/ timelines. Litigants use case dockets to follow up on case trials and action deadlines. The OJD Records and Calendars Search tool can be used to conduct court dockets.
Types of Courts in Oregon
The Oregon court system includes Justice Courts, Municipal Courts, Circuit Courts, Tax Courts, Complex Litigation Court, Court of Appeals, and Supreme Court under the Oregon Judicial Department. There are local courts (justice court, county courts, and municipal courts), state courts (circuit courts, Complex Litigation Court, Court of Appeals, and Supreme Court), US Federal District Courts, Bankruptcy Courts in Oregon, and Tribal Courts.
The Tax Court, with two divisions (Magistrate and Regular), hears tax appeal cases. The Magistrate Division is the entry level for tax appeal cases while the Regular Division reviews the decision of the Magistrate Division appealed to it. The Circuit Court is the trial court for civil and criminal cases and there are 36 circuit courts in Oregon. The Court of Appeals is the intermediate appellate court that reviews case decisions of the trial courts, while the Supreme Court is the highest appellate court that provides the general guidelines for the judicial system in Oregon.
Civil vs Small Claims Courts in Oregon: Understanding the Difference
Small claims involve money disputes (including the property's value) worth more than $750 and up to $10,000, which are filed to resolve these disputes without a lawyer. Oregon Small Claims Courts are subdivisions of County Circuit Courts that preside over minor money disputes. Thus, disputes (including a property's value) worth more than $10,000 cannot be filed as a small claim. Such claims are filed in a Civil Court. Note that a plaintiff (the person filing the claim) must have made notable efforts to collect the claim from the defendant before the claim is filed. The claim form must include a statement indicating that the plaintiff tried to resolve the issue before the claim was filed. Justice Courts have non-exclusive civil jurisdiction over the following claims:
- The recovery of any forfeiture or penalty, whether given by statute or originating from a contract, not above $10,000
- The recovery of money or damages only when the amount claimed is not above $10,000
- The recovery of specific personal property, when the value of the property claimed and the damages for the detention is not more than $10,000
- To give a final ruling without action upon the defendant's confession for any of the cases specified above, excluding a confiscation or punishment imposed by statute.
The amount claimed, the property's value, damages, or any amount in dispute does not include any amount claimed as disbursements and costs or attorney fees. Justice courts do not hear claims involving false imprisonment, title to real property, libel, slander, or malicious prosecution.
Generally, a defendant served with a small claim has 14 calendar days to file a response. If the court does not receive the response within the specified time, the plaintiff may request a default judgment against the defendant for the amount claimed, including filing fees, service costs, and a prevailing party fee. Persons filing civil cases are strongly advised to consult an attorney before commencing legal action regarding civil matters because of how complex the process can get.
