Hejazi v. Gifford

ORS 30.643(1) applies to all fee waivers and deferrals in civil actions brought by an “adult in custody. . . against a public body.” When a plaintiff fails to apply the proper statute in their briefing, the rules of appellate procedure require the court to affirm. Smith v. Dept. of Corrections, 314 Or App 1, 3 (2021).

Hejazi appealed the trial court’s denial of his request to defer or waive service and filing fees. Hejazi assigned error to the trial court’s order. On appeal, Hejazi argued that his application for waiver showed that he lacked the requisite financial resources, therefore, he met the requirements of ORS 21.682. ORS 30.643(1) applies to all fee waivers and deferrals in civil actions brought by an “adult in custody. . . against a public body.” When a plaintiff fails to apply the proper statute in their briefing, the rules of appellate procedure require the court to affirm. Smith v. Dept. of Corrections, 314 Or App 1, 3 (2021). The Court held that because Hejazi was incarcerated at the time of filing, ORS 30.643(1) governed the appeal. The Court reasoned that the procedural defect in Hejazi’s briefing, after applying the incorrect statute, required the Court to affirm. Moreover, the Court found that had they reached the merits, it would have also affirmed on those grounds because Hejazi needed to submit his inmate account statement with his waiver application. Affirmed.