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Judiciary panel clarifies eviction set-aside language, adopts A6 amendment to SB 98A

3319838 · May 14, 2025
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Summary

The House Judiciary Committee adopted an A6 amendment to Senate Bill 98A to clarify which eviction judgments may be automatically set aside after 12 months and moved the bill to the floor with a due-pass recommendation. Committee members asked about appeals timelines and the measure's implementation details.

The House Committee on Judiciary on May 6 adopted an A6 amendment to Senate Bill 98A that clarifies which eviction judgments may be automatically set aside after 12 months and then moved the bill to the House floor with a due-pass recommendation.

The amendment narrows and clarifies the earlier language by specifying that judgments of dismissal that follow a stipulated agreement and other judgments of dismissal will be eligible for automatic set aside after 12 months. Kimberly, an Oregon Judicial Department staff member, told the committee the change aims to simplify implementation and avoid case-by-case file review: "So we're basically just simplifying it and saying the judgment of dismissal, 12 months passes, then there's gonna be an automatic set aside."

Why it matters: the provision implements parts of prior eviction-relief law and affects how courts and clerks identify older eviction records that can be cleared without individual petitions. The clarification is intended to reduce administrative burden and broaden eligibility to judgments of dismissal that favor defendants or otherwise resolve the case.

Details of the amendment and committee discussion The A6 amendment grew out of an implementation issue with House Bill 2001, which directed the judicial department to set aside certain eviction cases after specified conditions. As Kimberly explained, the original language referenced judgments "pursuant to a stipulated agreement," which required staff to open each file to confirm whether a stipulated agreement existed. The A6 amendment instead references a judgment of dismissal as the trigger for the 12-month clock.

Representative Lewis asked whether a party could file an appeal that would affect the 12-month period. Kimberly and the chair clarified the appeal process: appeals of a judgment of dismissal must be filed within 30 days, and a timely appeal stays the judgment while the appellate process proceeds. As Kimberly said, "If they acted within 30 days, then a pause button is whole, basically. Okay. Thanks for that clarification."

Committee action Vice Chair Chotson moved to adopt the A6 amendment; the motion passed. The committee then voted to move SB 98A as amended to the House floor with a due-pass recommendation.

Discussion versus decision - Discussion: Committee members and staff debated implementation details, including how staff would identify eligible cases and how appeals affect the 12-month clock. - Direction: The committee adopted the A6 amendment to clarify the operative trigger for automatic set aside. - Formal action: A6 amendment was adopted and SB 98A as amended was moved to the floor with a due-pass recommendation.

What remains The bill includes other omnibus updates to court procedures and an operative date listed for some sections; the committee record shows an operative date of Jan. 1, 2026 for many sections and that some rule-making sections are effective on passage. The committee did not postpone further action on this bill.