(4) If the
plaintiff dismisses the action before the first appearance, a judgment of
dismissal shall be entered in favor of the defendant dismissing the plaintiff’s
complaint and awarding costs and disbursements. The defendant may not recover
attorney fees for prejudgment legal services provided after the delivery of
written notice of the dismissal by the plaintiff to the defendant, or to an
attorney for the defendant, in the manner provided under ORS 90.155.
(5) The plaintiff
or an agent of the plaintiff may obtain a continuance of the action for as long
as the plaintiff or the agent of the plaintiff deems necessary to obtain the
services of an attorney at law.
(6) If both
parties appear in court on the date contained in the summons, the court shall
set the matter for trial unless the court is advised by the parties that the
matter has been settled. The trial shall be scheduled:
(a) For a claim
based on nonpayment, as defined in ORS 90.395, no earlier than 15 days, and no
later than 30 days, following the appearance; or
(b) For any other
claim, as soon as practicable and no later than 15 days from the date of the
appearance.
(7) If the matter
is not tried within the period described in subsection (6) of this section, and
the delay in trial is not attributable to the landlord, the court shall order
the defendant to pay rent that is accruing into court, provided the court finds
after hearing that entry of such an order is just and equitable.
(8)(a) The court
shall permit an unrepresented defendant to proceed to trial by directing the
defendant to file an answer in writing on a form which shall be available from
the court clerk, and to serve a copy upon the plaintiff on the same day as
first appearance.
(b) The answer
shall be in substantially the following form: