Narrative Opinion Summary
The case involves a plaintiff who appealed a judgment reducing his jury award due to comparative fault in an automobile collision. The plaintiff sought a waiver or deferral of transcript expenses, claiming indigence, under ORS 21.605(3)(a). However, the request was denied because the plaintiff had not obtained a prior waiver or deferral of other fees, specifically the appellate filing fee paid under ORS 21.010, as required by the statute. The defendant objected to the waiver, arguing that transcript expenses could not be waived or deferred without first addressing other fees. ORS 21.605(1)(a) provides the Chief Judge with the authority to waive or defer fees for indigent parties, but ORS 21.605(3)(a) specifies a prerequisite that other fees must be waived or deferred first. Consequently, the motion was denied, and the Chief Judge chose to address the matter through a published decision by a three-judge panel. The ruling underscores the statutory prerequisites for obtaining a waiver or deferral of transcript expenses, emphasizing the necessity of waiving or deferring other applicable fees beforehand.
Legal Issues Addressed
Indigence and Fee Waiver under ORS 21.605(1)(a)subscribe to see similar legal issues
Application: The Chief Judge has the discretion to waive or defer fees for parties unable to pay, but this authority is limited by specific statutory conditions.
Reasoning: ORS 21.605(1)(a) allows the Chief Judge to waive or defer fees if the party is unable to pay.
Requirement for Waiving Filing Fee Before Transcript Expensessubscribe to see similar legal issues
Application: The legal requirement mandates that transcript expenses cannot be waived or deferred unless the filing fee is also waived or deferred.
Reasoning: ORS 21.605(3)(a) explicitly requires that other fees and costs be waived or deferred before transcript expenses can be addressed.
Waiver or Deferral of Transcript Expenses under ORS 21.605(3)(a)subscribe to see similar legal issues
Application: The court denies waiver or deferral of transcript expenses because the plaintiff failed to obtain a prior waiver or deferral of other fees and court costs.
Reasoning: Plaintiff's motion for waiver or deferral of transcript expenses under ORS 21.605(3)(a) is denied due to failure to obtain a prior waiver or deferral of other fees and court costs.