105.137 Effect
of failure of party to appear; attorney fees; judgment of dismissal; scheduling
of trial; unrepresented defendant.
In the case of a dwelling unit to which ORS chapter 90 applies:
(1) A default
judgment shall be entered in favor of the plaintiff for possession of the
premises and costs and disbursements only if:
(a) The plaintiff
appears and the defendant fails to appear at the first appearance;
(b) The court
determines that the complaint complies with ORS 105.115 and 105.124 and is
sufficient to state a cause of action for possession; and
(c) The plaintiff
testifies under oath or submits an affidavit or declaration under penalty of
perjury stating that, as of the date of the testimony:
(A) The plaintiff
does not have knowledge that the defendant has delivered possession to the
plaintiff as described in ORS 90.147 (2); and
(B) The plaintiff
reasonably believes that the defendant remains in possession of the premises.
(2) If the
defendant appears and the plaintiff fails to appear at the first appearance, a
default judgment shall be entered in favor of the defendant dismissing the
plaintiff’s complaint and awarding costs and disbursements.
(3) An attorney
at law shall be entitled to appear on behalf of any party, but attorney fees
may not be awarded to the plaintiff if the defendant does not contest the
action.