Legal Question in Civil Litigation in Oregon
Are lawyers required in a small claims case in Oregon if the defendant has asked for a jury trial?
2 Answers from Attorneys
No. Lawyers are not required and are in fact banned from appearing in small claims court.
When the defendant asks for a jury trial, it moves the action out of the small claims department and into the circuit court. This means that the plaintiff must file a formal complaint.
Once the action is removed from the small claims department, attorneys are no longer prohibited. There is no requirement that an attorney be involved, but since the circuit court system is significantly more complicated than small claims, it is usually a good idea. Further most parties do not have the expertise to draft and file the formal complaint on their own.
Often defendants ask for a jury trial in the hope that the plaintiff will just give up when they have to hire an attorney to take action.
Depending on the circumstances, it may be possible to request your attorney fees on top of the small claim you originally made. although this may take a new court filing.