PJO 25-002 Order to Set Aside Judgments and Seal Eligible Residential Landlord Tenant Cases — physical PDF page 1
PRESIDING JUDGE ORDER 25-002 In the Matter of Sealing Records Pursuant to ORS 105.164 ORDER TO SET ASIDE JUDGMENTS AND SEAL ELIGIBLE RESIDENTIAL LANDLORD TENANT CASES Ws Sw a | HEREBY FIND THAT: 1. ORS 1.002(10) establishes the presiding judge of each judicial district of this state are the administrative heads of their respective courts and are responsible and accountable in the exercise of their administrative authority and supervision over their respective courts. 2. When the Chief Justice of the Supreme Court permits the use of the electronic court records, ORS 7.095 allows the State Court Administrator to prescribe standards governing the use of electronic data processing techniques by the Oregon Judicial Department, the preservation of the records so maintained, and controls to prevent unauthorized access to records maintained using electronic data processing equipment. 3. ORS 105.164, amended by Oregon Laws 2025, chapter 256, section 21 (Senate Bill 98) provides: (1) On an annual basis, each justice and circuit court shall enter an order setting aside a judgment and sealing the official records for each case for possession brought under ORS chapter 90 for which the court finds that: (a) The judgment does not contain a money award or that any money award has expired or been satisfied or discharged; and (b)(A) The judgment was a judgment of restitution entered for the plaintiff and at least five years have passed from the date of the judgment; or (B) The judgment was a judgment of dismissal or otherwise in favor of the defendant and at least 12 months have passed from the date of the entry of the judgment. (2) Upon entry of the order, the judgment that is the subject of the motion is deemed not to have been entered, and any party may answer accordingly any questions relating to its occurrence. (3) Nothing in this section limits the ability of a defendant to apply for an order under ORS 105.163. 4. Oregon Laws 2023, chapter 13, section 66, compiled as a note after ORS 105.164 provides that Section 65 of this 2023 Act (codified at ORS 105.164) does not apply to judgments entered on or before January 1, 2014.
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Publisher URL: https://www.courts.oregon.gov/rules/Documents/BEN-PJO_25-002.pdf