Civil

In all civil cases, arbitration is mandatory for any claim of less than $50,000 and the referral will be coordinated by the court clerk.

Arbitration is a fast way to get a decision when you are in a dispute. Arbitration is like a trial but less formal. In arbitration, two sides present their evidence to an arbitrator. The arbitrator decides who wins and who loses. An arbitrator does the job that a judge or jury would normally do in court.

More information on arbitration can be found in Chapter 13 of the Uniform Trial Court Rules (UTCR).

Residential Eviction actions are for the purpose of obtaining possession of the property only. Prior to filing a complaint with the court, the landlord must serve proper notice to the tenant. In the case of failure to pay rent, the rent must be seven or more days past due before a complaint may be filed. If a landlord accepts a partial rent payment, the original notice may no longer be effective. A landlord must file a separate small claims action to be awarded a judgment of money or to process other non-possession claims.

Landlord/Tenant forms are available in Room 301.

You must be a resident of Polk County to petition for a name change in Polk County.

When petitioning the court for a sex change, you may file in any Oregon Circuit Court.

Oregon law provides a process whereby a person may change their name and/or sex and receive a decree from the court officially recording the changes. The following name change forms are specific to Polk County Circuit Court.

Name and sex change forms are available in room 301.

If you are filing contract, tort, small claims, landlord tenant, estate, conservatorship, guardianship, or compensation for wrongful death case, you must serve the respondent with this ORS 36.185 Notice along with your claim or complaint.

• An option for Resolving Your Dispute: Mediation

The purpose of the Small Claims action is to decide certain civil disputes promptly and economically. All claims of $750 or less must be filed as a small claim. Claims between $750 and $10,000 may be filed as a small claim. A small claim hearing is informal in that no attorney is present. You present your own evidence and the other party has an opportunity to present their evidence. The Judge will make a decision that may include a money judgment or other type of judgment. There is no appeal from a judge’s decision.

A defendant may request a jury trial. However, by law, where a jury trial has been requested for a small claims matter, prior to the trial the matter must go to arbitration. Plaintiff and defendant must each pay half the arbitration fee before the matter goes to arbitration. At arbitration, the arbitrator will hear argument from each party and make a decision. Either party may appeal the arbitration award and proceed to a jury trial.

Small Claims forms are available in room 301.