Rule 4.120.Motions to Reduce or Modify Outstanding Court-ordered Financial Obligations

The rule works from a defined category. Reduction-eligible court-ordered financial obligations are the fines, fees, costs, or court-appointed attorney fees imposed in a final criminal judgment of conviction or in a judgment finding a person in contempt of court, where the defendant has failed to pay in full as ordered. The category leaves out compensatory fines imposed under ORS 137.101 and restitution awards as defined in ORS 137.103, so those obligations stay outside this rule.

Timing comes first. After the time for filing a notice of appeal under ORS 138.071 has run, and as long as the case is not pending on appeal, a person with outstanding obligations may file a motion in the criminal case asking the court to reduce, modify, or waive the unpaid fines, fees, and costs, including court-appointed attorney fees. Notice goes to the prosecuting attorney by service or by first-class mail.

The motion has to explain itself. It must give the statutory or other legal authority for the request, and it must set out information showing that the person's circumstances satisfy the legal criteria for the relief sought. A bare statement that the amount is unaffordable does not meet either requirement.

Any response must be served and filed not more than 28 days after the notice or the date the motion was filed, whichever occurs latest, and the court may allow a late filing on good cause. Notwithstanding UTCR 4.050, the court may hold a hearing or decide the motion on the papers once the response time has expired. If the court reduces, modifies, or waives some or all of the unpaid amounts, it enters a supplemental judgment reflecting that decision.