Oregon’s 2025 small claims legislation, House Bill 2463, began as an Oregon State Bar law-improvement measure sponsored through the Bar’s Consumer Law Section. As introduced, the bill was designed to clarify how to determine whether a defendant in small claims has the right to demand a jury trial under ORS 46.455: specifically, clarifying that the $750 threshold that must be met includes prejudgment or preaward interest, fees, and costs. During the legislative process, the bill was expanded by amendment to make another important procedural change: extending the time to respond to a small claims notice from 14 days to 30 days in both circuit court small claims proceedings and justice court proceedings.
HB 2463 changes both how response deadlines work and how to evaluate the jury-trial threshold in small claims cases.
The bill’s original purpose: clarifying the $750 jury-trial threshold.
HB 2463 originated through the Oregon State Bar’s Law Improvement Program. Emily Templeton—2026 Chair of the Oregon State Bar Consumer Law Section—testified before both the House Judiciary Committee and the Senate Judiciary Committee, that the Oregon State Bar put the bill forward as a technical, clarifying bill intended to improve the clarity of Oregon’s small claims statutes and the right to a jury trial under Oregon’s Constitution.
Oregon’s constitution allows for the right to a jury trial where the value of the controversy exceeds $750. Or Const Art VII (Amended), § 3. Prior to January 1, 2026, the law was not clear as to how the value of the controversy was calculated, which resulted in inconsistent application of the right to a jury trial.
Under ORS 46.455, when a defendant receives notice of a small claim, the defendant may demand a hearing in small claims court, but if the claim exceeds $750, the defendant may instead invoke the constitutional right to a jury trial. The problem identified in the Oregon State Bar testimony was that defendants and courts may not know exactly which elements of damages listed on the Notice of Claim form count toward that $750 threshold.
HB 2463 amended ORS 46.455 to make clear that “prejudgment or preaward interest, fees and other costs are included in that $750 calculation.” The same clarification applies for claims in both circuit court and justice court. This rule makes the law easier for unrepresented defendants and court staff to understand when a defendant is entitled to a jury trial.
As amended, ORS 46.455 now provides that if “the total amount or value claimed, including identified prejudgment or preaward interest, fees and costs, exceeds $750,” the defendant has a constitutional right to a jury trial. The justice court counterpart, ORS 55.065, was also amended to include parallel language.
The answer period to respond to a Notice of Small Claim is now 30 days.
HB 2463 started as a clarification bill about the jury-trial threshold, and through the legislative process, a major reform to increase access to justice for unrepresented defendants in small claims cases was added to the bill.
The proposed amendment, dated April 21, 2025, changed the time to respond to a Notice of Small Claim from “14 days” to “30 days.” The increased time to respond was effective for all cases filed after January 1, 2026. Related statutes were amended to note this change, including ORS 30.648, ORS 46.445, ORS 46.455, ORS 55.045, and ORS 55.065.
Testimony from Oregon Consumer Justice to the Senate Committee on Judiciary supported HB 2463 and the amendment to extend the answer period in small claims court from 14 days to 30 days. Oregon Consumer Justice described the civil legal system as overwhelming for people unfamiliar with court processes and stated that the 14-day answer period in small claims is often too short, particularly in debt collection cases.
The Amendment was adopted in the final bill, and HB 2463 included the increased 30-day deadline. In circuit court small claims cases under ORS 46.455, a defendant now has 30 days after service to admit and pay, demand a hearing, assert a counterclaim, or, if the amount exceeds $750, demand a jury trial. In justice court under ORS 55.065, the defendant now likewise has 30 days to respond.
How to determine whether there is a right to a jury trial
Under the enrolled bill, if a defendant has a right to request a jury trial to hear the claim in the Notice of Claim the Total claimed must be over $750. The total sum of the claim includes:
- the principal amount demanded;
- any identified prejudgment or preaward interest;
- any identified attorney fees or other fees;
- any identified costs.
If the total of those identified amounts exceeds $750, the defendant may invoke the right to jury trial under ORS 46.455 (small claims) or ORS 55.065 (justice court).
HB 2463 is a good example of how a technical bar-sponsored law-improvement bill can evolve into a meaningful procedural reform ensuring clear and consistently applied constitutional and due-process protections for Oregon consumers.
Chris Mertens
Mertens Law, LLC
1235 SE Morrison St., Fl. 1
Portland, OR 97213
[email protected]