Clackamas County Circuit Court Adjournment & Extension Requirements

CRITICAL

Trials under ORS 105.137(6) scheduled through July 6, 2020, must be postponed.

All trials under ORS 105.137(6) currently scheduled through July 6, 2020 shall be postponed.

CRITICAL

A delay in the arbitration hearing date is permitted only upon a showing of extraordinary circumstances; otherwise, the case must be returned from arbitration.

the arbitration program only if the parties establish extraordinary circumstances justifying the delay in the arbitration hearing date. If the parties do not make a showing of extraordinary circumstances, the judge assigned to oversee arbitration matters at the court shall order the case to be returned from arbitration.

CRITICAL

Jury trials for defendants who are in custody on felony charges that provide them with a statutory or constitutional right to a jury trial shall occur. Absent a party's motion to postpone such a trial, the court shall not postpone such trials unless it determines that postponement will not violate a statutory or constitutional right.

Jury trials for defendants who are in custody on felony charges that provide them with a statutory or constitutional right to a jury trial shall occur. Absent a party's motion to postpone such a trial, the court shall not postpone such trials unless it determines that postponement will not violate a statutory or constitutional right.

CRITICAL

First appearances must be postponed until after June 1, 2020, without a motion; parties are deemed to have appeared and need not answer at that time.

All first appearances under ORS 105.137(1) shall be postponed until after June 1, 2020, without the need for a motion. All parties who are required to appear on the date set by summons shall be deemed to have appeared, and no answer shall be required at that time.

CRITICAL

If an arbitration hearing is not scheduled within 180 days from the date a case is assigned to arbitration, the court will remove the case from arbitration and will proceed with trial, unless: (a) A party or the arbitrator files a Motion, Declaration and Order to Continue Arbitration. The documents will be reviewed by the judge assigned to oversee arbitration matters at the court, who will have discretion to continue the case in

If an arbitration hearing is not scheduled within 180 days from the date a case is assigned to arbitration, the court will remove the case from arbitration and will proceed with trial, unless: (a) A party or the arbitrator files a Motion, Declaration and Order to Continue Arbitration. The documents will be reviewed by the judge assigned to oversee arbitration matters at the court, who will have discretion to continue the case in

CRITICALCriminal cases

If the defendant requests a hearing or does not stipulate to detention, the court must set it within 48 hours, or—upon a good-cause finding—within five days of arraignment, unless the defendant agrees to a later date.

2) If the Defendant requests a preventative detention hearing, or does not stipulate to the court's entry of a preventative detention order, the court shall either set the preventative detention hearing within 48 hours or make a good cause finding and set a hearing within five days of the arraignment pursuant to ORS 135.245(7), unless the Defendant consents to hold the hearing at a later date.

CRITICAL

Requests to postpone a trial date must comply with UTCR 6.030 and SLR 6.031.

All requests to postpone a trial date must comply with UTCR 6.030 and SLR 6.031.

CRITICAL

Each party may request one trial postponement for good cause, and the written, party-signed request must be received by the court at least five judicial days before trial.

(1) Each party may request a single postponement of a scheduled court trial with a showing of good cause. (2) A party’s request for a postponement of a court trial must be made in written form, signed by the party and received by the court not less than five (5) judicial days prior to the scheduled trial date.

CRITICAL

First appearances under ORS 105.137(1) are postponed until after April 30, 2020, without requiring a motion.

All first appearances under ORS 105.137(1) shall be postponed until after April 30, 2020, without the need for a motion.

CRITICALCriminal cases

The court must conduct the hearing unless the defendant waives it or expressly requests a postponement.

3) At the time of the hearing, the court shall conduct the hearing unless Defendant waives the right to the hearing or expressly requests a postponement as outlined above.

CRITICAL

The Presiding Judge decides trial postponement requests and may direct a hearing; requests are not accepted at the 1:00 P.M. Ex Parte Matters session.

All requests to postpone trial will be forwarded to the Presiding Judge for a decision, and a hearing will be held only at the direction of the Presiding Judge. Requests to postpone trial will not be accepted at the 1:00 P.M. Ex Parte Matters session.

CRITICALCivil cases

Civil trials scheduled to begin on or after June 1 and before July 6, 2020, will be postponed to a date after July 6.

All civil trials scheduled to begin on or after June 1, 2020 and before July 6, 2020, will be postponed to a date after July 6.

CRITICALCivil cases

If Level 3 restrictions extend beyond June 1, 2020, civil trials scheduled during the 60 days after they are lifted will be postponed to a date at least 60 days after they are lifted.

If the Level 3 restrictions are extended beyond June 1, 2020, civil trials scheduled to begin during the 60-day period after the Level 3 restrictions are lifted will be postponed to a date at least 60 days after the Level 3 restrictions are lifted.

CRITICAL

A subsequent trial postponement request must be written and signed by the party, and may be granted only upon a showing of extraordinary circumstances.

(3) Subsequent requests for a postponement of a court trial must be made in written form signed by the party. The motion will only be granted upon a showing of extraordinary circumstances.

CRITICAL

Jury trials for defendants who are in custody on felony charges that provide them with a statutory or constitutional right to a jury trial shall occur. Absent a party's motion to postpone such a trial, the court shall not postpone such trials unless it determines that postponement will not violate a statutory or constitutional right.

Jury trials for defendants who are in custody on felony charges that provide them with a statutory or constitutional right to a jury trial shall occur. Absent a party's motion to postpone such a trial, the court shall not postpone such trials unless it determines that postponement will not violate a statutory or constitutional right.

CRITICALCriminal cases

Probation may be extended as necessary to accommodate the extensions of Theft Talk probation conditions.

Good cause exists to extend probation, if necessary, to accommodate these extensions of Theft Talk probation conditions.

CRITICAL

If a time constraint prevents setting a summary judgment motion before trial on the regular docket, the parties must seek a continuance of the trial date to allow time for the motion to be heard.

Motions for summary judgment (ORCP 47 motions) are scheduled and heard by the court unless a case is in arbitration and the motion will be heard by the arbitrator, or there is a time constraint and the motion cannot be set prior to the trial on the regular docket, at which time, parties will need to file a motion, declaration and proposed order to continue the trial date to allow time for the motion for summary judgment to be heard.

CRITICALCriminal cases

Case Management Appearances that do not directly lead to the defendant’s release or resolution of the case must be continued for 90 days through the docketing department without a motion, declaration, or proposed order.

IT IS HEREBY ORDERED that Case Management Appearances that do not directly lead to the release of the defendant or the resolution of the case shall be set over for 90 days through the docketing department without a motion, declaration and proposed order to continue.

CRITICAL

Civil jury trials scheduled during the restrictions must be postponed until after July 6, 2020, without a motion.

All civil jury trials scheduled to begin during the period of these Level 3 restrictions shall be postponed until after July 6, 2020, with no motion to that effect needed.

CRITICAL

Non-custodial criminal jury trials scheduled during the restrictions must be postponed until after June 1, 2020, without a motion unless subsection (b) applies.

All non-custodial criminal jury trials scheduled to begin during the period of these Level 3 restrictions shall be postponed until after June 1, 2020, with no motion to that effect needed unless indicated in (b) below.

CRITICAL

Civil and criminal jury trials scheduled during the restrictions are postponed until after April 30, 2020, without a motion unless subsection (b) applies.

All civil and criminal jury trials scheduled to begin during the period of these Level 3 restrictions shall be postponed until after April 30, 2020, with no motion to that effect needed unless indicated in (b) below.

CRITICAL

During the Level 3 restrictions, other hearings and trials must be postponed and not scheduled, except for the circumstances listed in Section 4.

The court shall postpone and not schedule any other hearings or trials during the period of these Level 3 restrictions, except in the following circumstances which shall be conducted remotely, unless otherwise ordered:

CRITICAL

Motions to Continue/Postpone should be filed at least 72 hours before the hearing.

All Motions to Continue/Postpone should be filed at least 72 hours in advance of the hearing you are requesting to continue or postpone so that the processing units have an opportunity to process and forward the paperwork to the Presiding Judge prior to the hearing date.

CRITICAL

A motion filed less than 72 hours before the hearing may not be ruled on beforehand and may be referred to the trial judge; parties must still appear as scheduled and be prepared to proceed while awaiting a ruling.

If not submitted at least 72 hours in advance of the hearing there is a possibility that the motion will not be ruled on before the hearing date, but will be referred to the trial judge. If this occurs, pending a ruling on the motion to continue or postpone, please appear on the date and time of the hearing or trial prepared to proceed.

CRITICAL

Unless good cause is shown, the arbitration hearing must be scheduled within 91 days of assignment, and the other stated UTCR requirements apply to scheduling, postponement, and continuance.

As authorized by UTCR 13.160(2), except for good cause shown, the arbitration hearing must be scheduled to take place not later than 91 days from the date of assignment of the case to the arbitrator. Except for applying this 91-day time period in place of the 49-day time period set in UTCR 13.160(3), all other requirements of UTCR 13.160 (3) and (4) apply to the scheduling, postponement or continuance of an arbitration hearing.

CRITICAL

A request for more time to complete mediation must be made by motion and affidavit showing good cause, and the court may allow a later completion date.

The parties must conclude the mediation at least thirty (30) days before trial or hearing on the merits, or such later time as may be allowed by the court on motion and affidavit showing good cause.

CRITICAL

Trials under ORS 105.137(6) shall be postponed.

All trials under ORS 105.137(6) shall be postponed.

CRITICALCriminal cases

The Clackamas County Parole and Probation office and Circuit Court extend Theft Talk deadlines while the Level 3 Restrictions remain in effect.

IT IS HEREBY ORDERED that the Clackamas County Parole and Probation office and Clackamas County Circuit Court extend Theft Talk deadlines during the pendency of the Level 3 Restrictions issued to the Clackamas County Courthouse pursuant to Chief Justice Walters Chief Order 20-006, Clackamas County Circuit Court Presiding Judge Steele's PJ Order 2020-06, and subsequent Orders.

CRITICAL

Out-of-custody preliminary hearings must be continued for at least 60 days.

Out of custody preliminary hearings shall be continued at least 60 days;

WARNING

A motion to continue a summary judgment hearing is unnecessary if all parties agree to reset it.

It is not necessary to file a motion to continue a summary judgment hearing if all parties agree to a reset.

WARNINGCriminal cases

During Level 2 and Level 3 restrictions, the Parole and Probation office may reset TSI dates and times, extend community service deadlines, and reschedule specified classes; the order finds good cause for extending probation when needed to accommodate extensions of probation conditions.

IT IS HEREBY ORDERED that the Clackamas County Parole and Probation office be allowed to reset Turn Self In (TSI) dates and times, to extend community service deadlines and reschedule domestic violence or DVDSP classes for probationers as needed during Level 2 and Level 3 Restrictions issued to the Clackamas County Courthouse pursuant to Chief Justice Walters Chief Order 20-006, Chief Justice Order 20-016, Clackamas County Circuit Court Presiding Judge Order 2020-06, and subsequent Orders. Good cause exists to extend probation and, if necessary, to accommodate these extensions of probation conditions.

WARNINGCivil cases

The stated COVID-19 conditions constitute good cause for delaying civil trials and hearings.

The conditions described above constitute good cause for delaying trials and hearings in civil cases.

WARNING

Attorneys with COVID-related concerns should seek excusal, postponement, or remote appearance if desired and feasible, and help the client find substitute counsel if necessary.

An attorney who has concerns about appearing in-person due to COVID-19 Corona Virus concerns should seek to be excused, request a postponement or remote appearance if desired and feasible, and, if necessary, take steps to help the client find substitute counsel.

WARNING

An attorney who has concerns about appearing in-person due to COVID-19 Corona Virus concerns should seek to be excused, request a postponement or remote appearance if desired and feasible, and, if necessary, take steps to help the client find substitute counsel.

An attorney who has concerns about appearing in-person due to COVID-19 Corona Virus concerns should seek to be excused, request a postponement or remote appearance if desired and feasible, and, if necessary, take steps to help the client find substitute counsel.

WARNING

The judge may delay trial or a hearing until fees are paid, but nonpayment is not grounds for a party-requested postponement.

(3) The trial judge may elect to delay commencement of the trial or hearing until the fees are paid, but failure to pay the fees as stated in subsection (1) above shall not be grounds for granting a postponement sought by a party.