Clackamas County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Motion to set aside or vacate general judgment

A dismissed family law action may be reinstated only on the court’s own motion under ORCP 71A or on a party’s motion, declaration, and order to set aside or vacate the General Judgment following ORCP 71.

A family law action closed by entry of a General or Supplemental Judgment of Dismissal may not have its status reinstated, unless on the court’s own motion under ORCP 71A, or upon Motion, Declaration and Order to Set Aside or Vacate General Judgment filed by a party, following the process outlined in ORCP 71.

CRITICALCriminal cases

Applies to

Hearing waiver

A waiver of the hearing must be written and state that the defendant understands the rights being given up.

The waiver shall be written and include a statement that the Defendant's understands the rights given up with the waiver.

CRITICAL

The attached hearing-process guidelines must be provided to all participants.

Guidelines regarding the process of said hearings are attached and shall be provided to all participants.

CRITICAL

Applies to

Declaration

Within 30 days after each appointment anniversary, the guardian must file a declaration signed by the youth renewing consent to the guardianship.

(2) Within thirty (30) days after each anniversary of appointment, a guardian of a vulnerable youth shall file a declaration signed by the vulnerable youth renewing their consent to the guardianship.

CRITICAL

Applies to

Related case filing

Filing a document in the primary case does not satisfy the filing requirement in related cases.

Filing in the primary case does not constitute filing in any related cases.

CRITICAL

Applies to

Guardian report

The guardian’s report must be substantially in the form described in ORS 125.325.

The report shall be in substantially the same form as that described in ORS 125.325.

CRITICAL

Applies to

Return of service

The petitioner’s return of service must indicate that the notice was served with the summons and petition.

The petitioner’s return of service on the respondent shall indicate service of the notice with the summons and petition.

CRITICAL

Applies to

Exhibit submission

Exhibits submitted through the eFiling system must be designated as confidential as described in UTCR 21.070(6).

When submitting exhibits through the eFiling system, the filer shall designate the exhibits as confidential as described in UTCR 21.070(6).

CRITICAL

Applies to

Restricted account acknowledgment

A restricted account for a minor or incapacitated person must be confirmed by a signed bank or brokerage acknowledgment disclosing the account number, type and balance.

(2) Restricted accounts on behalf of a minor child or incapacitated person must be confirmed by a signed acknowledgment from the bank or brokerage firm which discloses the account number, type and account balance as required by UTCR 9.050.

CRITICAL

A professional fiduciary seeking appointment in a corporate name must comply with the cited statute and the Probate Court’s corporate-fiduciary disclosure policy.

A professional fiduciary who seeks appointment in a corporate name must comply with the provisions of ORS 125.240(1)(L) and all disclosures required by the Clackamas County Probate Court’s Policy Regarding Corporate Fiduciaries.

CRITICAL

Applies to

Stipulated exhibits

Parties must stipulate to unobjected-to exhibits and deliver the stipulated exhibits to the clerk.

Parties shall stipulate to those exhibits to which there are no objections and shall deliver the stipulated exhibits to the clerk.

CRITICAL

Applies to

Separate statements of assets and liabilities

In the event parties file separate statements, such statements must include all assets and

In the event parties file separate statements, such statements must include all assets and

CRITICAL

Applies to

Trustee status report

Each trustee status report must summarize trust developments or their absence and explain why the case should remain open or request closure if appropriate.

The status report must include a statement summarizing any developments in the trust, or noting the absence of developments, and must explain the reasons the case should remain open, or request that it be closed, if appropriate.

CRITICAL

Applies to

Certificate of completion

A person who completes the education program must present a completion certificate before judgment unless the judge approves an order based on a motion and declaration under subsection (6).

Each person who successfully completes the court’s program or the pre-approved alternative program shall present a certificate of completion to the court before entry of judgment, unless an order based on a motion and declaration as outlined in subsection (6) below is approved by the judge.

CRITICAL

Applies to

Attorney fee statement

Fee statements must describe normal attorney tasks and hours and provide the specified information about extraordinary activities, including the issues, process, and time spent.

In addition to the information required by UTCR 5.080 for a civil action, under this rule the statement also must include a description of normal attorney tasks with hours expended. For extraordinary activities, the statement must also concisely address the following issues to be resolved and the process and time spent on each: (i) For establishing and funding trusts, a brief narrative must identify complexities involved; (ii) For tax planning, describe objectives and activities required; (iii) For tax returns, indicate the number filed and the nature of the returns; (iv) For tax audits and hearings, describe the issues addressed; (v) For disclaimers, describe the circumstances and complexities; (vi) For real estate management problems, include issues regarding compliance with local, state and federal authorities; (vii) Discuss sales of real property; (viii) Discuss operation or sale of business interests; (ix) Discuss management of family-owned corporation or closely held stock; (x) For contested matters, indicate whether they were of benefit to or in defense of the estate; (xi) Discuss election of spouse/marital share; (xii) Discuss disputed creditor’s claims.

CRITICAL

Applies to

Arbitration fee waiver or deferral application

The completed application, declaration, and order must be submitted to the Collections Unit at the specified courthouse location.

The completed application, declaration and order must be submitted to the Collections Unit in the Public Service Center on the first floor of the Clackamas County Circuit Court, in accordance with SLR 2.025.

CRITICAL

Applies to

Private fiduciary fee request

Except for requests from a Personal Representative, fiduciary fee requests must include an affidavit detailing the services, their purpose and results if applicable, the hourly rate, and why that rate is fair and reasonable.

Private Fiduciary Fees: All requests for fiduciary fees (except those from a Personal Representative) shall be supported by an affidavit which details the services provided, the purpose of the services rendered, the results (if applicable), the hourly rate charged by the fiduciary and the reasons that hourly rate is deemed fair and reasonable.

CRITICAL

Applies to

Party removal

A previously named party may be removed only by a court-generated order or an appropriate judgment presented to the court; omitting the party from an amended pleading is insufficient.

After commencing an action under ORCP 3 or after commencing a third-party action under ORCP 22, a party named will only be removed from the case as a party by entry of a court generated order as authorized by UTCR 7.020 or by an appropriate form of judgment (Limited or General) presented to the court. Merely omitting a party previously named from an amended pleading does not remove that party from the case.

CRITICAL

Applies to

Withdrawal request

If an attorney is believed to need to withdraw without assisting with the ORS 125.082 requirements, a motion, declaration and order to withdraw must be submitted.

If it is believed that an attorney must withdraw, without assisting in the ORS 125.082 requirements, a motion, declaration, and order to withdraw must submitted.

CRITICAL

Applies to

Motion

A landlord seeking an order requiring the defendant to pay rent pending trial must file a motion.

A landlord that wishes to have the court enter an order that a defendant pay rent pending trial must file a motion for such an order.

CRITICAL

Applies to

Request for Demographic Information form (RDI)

A judgment creditor initiating a bench warrant must file the court’s RDI form no later than the date of the order to issue the warrant; failure to file it will cause that order to be vacated.

A judgment creditor initiating a bench warrant for the arrest of a defendant must file the court’s Request for Demographic Information form (“RDI”) not later than the date of the court’s order to issue the warrant. This form is available on the court’s website. Failure to file the RDI will cause the order to issue the warrant to be vacated.

CRITICALCriminal cases

Applies to

Overriding circumstances information

When a defendant is held due to overriding circumstances, a representative must report those circumstances to the judge at arraignment or provide them in writing by the hearing.

If a defendant has been held due to overriding circumstances, a representative of the entity determining the hold shall either be at arraignment to report to the judge the overriding circumstances for the hold or provide the information in writing to the judge at or before the arraignment hearing.

CRITICAL

Applies to

Sentencing forms

Defense attorneys must prepare the referenced sentencing forms.

Defense attorneys shall prepare the above forms.

CRITICAL

The fee-deferral or waiver application, declaration, and order must be submitted to the Collections Unit under SLR 2.025.

(1) In accordance with ORS 125.170(3), indigent parties may seek deferral or waiver of visitor fees by applying at the time of filing the Petition. Applications are available at the Court Help Desk in the Public Service Center on the first floor of the Clackamas County Circuit Court. The fee deferral/waiver application, declaration, and order must be submitted to the Clackamas County Circuit Court, Collections Unit, in accordance with SLR 2.025.

CRITICAL

Applies to

Arbitration fee waiver or deferral order

A party granted a fee waiver or deferral must immediately provide the arbitrator with a copy of the court order.

Any party who obtains a deferral or waiver of arbitration fees as provided in ORS 36.420(3) and UTCR 13.120(3), must immediately provide the arbitrator with a copy of the court order granting the waiver or deferral.

CRITICAL

Applies to

Sftp exhibit submission

Exhibits submitted through SFTP must be listed on the Exhibit Index and filed through the eFiling system.

Exhibits submitted through the SFTP server shall be listed on the Exhibit Index and eFiled using the eFiling system.

CRITICAL

Applies to

Motion

Before moving to modify custody or parenting time or enforce a parenting plan, a party must complete the program and file the completion certificate or obtain a written court waiver.

Neither party shall move to modify custody or parenting time, or enforce any of the terms of the parenting plan without having first complied with this rule by either: (a) Completing the necessary program and filing the Certificate of Completion with the court; or (b) Securing a written waiver from the court in the manner described above.

CRITICALCriminal cases

Applies to

Release form

All defendants must sign a release form at or near the screening interview.

Consistent with paragraph 5 of the Findings, at or near the date of the screening interview, all defendants must sign a form of release.

CRITICALCriminal cases

When a defendant is held due to overriding circumstances, a representative of the entity determining the hold must report those circumstances to the judge at arraignment, either in person or in writing provided at or before the hearing.

If a defendant has been held due to overriding circumstances, a representative of the entity determining the hold shall either be at arraignment to report to the judge the overriding circumstances for the hold or provide the information in writing to the judge at or before the arraignment hearing.

CRITICAL

Applies to

Notice of appointment

A withdrawal in a guardianship case will not be recognized until the notice of appointment required by ORS 125.082 has been filed.

The court will not recognize withdrawal in a guardianship case until the notice of appointment, required under ORS 125.082, has been filed.

CRITICAL

Applies to

Arbitration fee reimbursement request

After arbitration concludes, the arbitrator must submit the listed reimbursement documents to the arbitration clerk.

For reimbursement of any deferred or waived arbitration fees, the arbitrator, following the conclusion of arbitration, must submit the following documents to the arbitration clerk: Arbitrator’s Request for Payment of Arbitrator Fee form, Arbitrator’s Itemization of Time Utilized statement, copy of the Order Deferring or Waiving Fees of the indigent party, and granted order authorizing additional fees under SLR 13.121(4).

CRITICAL

Applies to

Exhibit index

Exhibits submitted through the SFTP server must be listed on the Exhibit Index.

(2) Exhibits submitted through the SFTP server shall be listed on the Exhibit Index.

CRITICAL

Applies to

Ex parte motion

If no service was made, the moving party must submit a statement explaining why.

If no service was made, the moving party shall submit a statement documenting the reasons that no service was made.

CRITICAL

Applies to

Waiver request

A party seeking an order to waive required dispute resolution must file a motion and supporting declaration with the court.

To request an order allowing waiver, a party must file a motion and supporting declaration with the court.

CRITICAL

Applies to

Petition

Each petitioner in an estate proceeding must state their full legal name in the petition.

All Petitioners in estate proceedings shall state their full legal name in the Petition.

CRITICAL

Applies to

Pleading or motion

A pleading or motion raising a UCCJEA jurisdiction issue must identify the potentially relevant state or tribe, the other court’s contact information, and prior or concurrent proceedings and orders.

In addition, that document must set out: (a) the state or tribe that arguably has or should assert jurisdiction, (b) contact information for the appropriate court in the other state(s) or tribe(s), and (c) information regarding any prior or concurrent proceedings and orders regarding the matter before the court.

CRITICAL

Applies to

Order to show cause

The order to show cause must require a written response within the statutory time, with a responding Uniform Support Declaration if support is contested.

The Order to Show Cause shall require the opposing party to file a written response in answer to the Motion and Affidavit, with a responding Uniform Support Declaration if the issue of support is to be contested, within the time prescribed by ORS 107.135(14).

CRITICAL

Applies to

Arbitration fee waiver or deferral order

A party with a waiver or deferral must submit a copy of the order to the arbitrator instead of making the preliminary payment.

Within 14 days of the appointment of the arbitrator, each party must tender to the arbitrator the sum of at least $500 as preliminary payment to be credited against the maximum total arbitration fee, unless a party has secured a fee waiver or deferral, in which case the party must submit a copy of the order waiving or deferring arbitration fees to the arbitrator.

CRITICALCriminal cases

Applies to

Notice

Upon filing charges, the State must file a notice of its intent to seek preventative detention for an above-listed violent felony when it seeks detention under ORS 135.240(4).

Upon filing charges, if the State seeks preventative detention in a case pursuant to ORS 135.240(4) for a crime designated above as a violent felony, it shall file a notice stating its intent to seek preventative detention.

CRITICAL

Applies to

Exhibits

For in-person proceedings, exhibits must be submitted under UTCR 6.050, subject to the stated exceptions.

(1) For any proceedings being conducted in-person, exhibits shall be submitted as authorized by UTCR 6.050, except as required by UTCR 11.110 or UTCR 24.040(3)(a).

CRITICAL

Applies to

Pleading or motion

A pleading or motion raising a UCCJEA jurisdiction issue must include “UCCJEA Issue” in its caption.

A pleading or motion asserting that the court lacks or should decline jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act must include in the caption of that document the phrase “UCCJEA Issue.”

CRITICAL

Applies to

Temporary guardian appointment petition

A temporary guardian appointment petition must include appropriate affidavits and medical reports and be filed with the Probate Department.

Petitions for Appointment of a Temporary Guardian shall be accompanied by appropriate affidavits and medical reports and filed with the Probate Department.

CRITICAL

Applies to

Certificate of required dispute resolution

When required mediation or other dispute resolution is completed by a provider other than Clackamas County Resolution Services, the parties must file a Certificate of Required Dispute Resolution substantially conforming to the court’s form.

In cases in which the parties complete mediation or other dispute resolution process required by SLR 8.017 by a means other than Clackamas County Resolution Services, the parties must file a Certificate of Required Dispute Resolution in substantial conformity with the form that is available on the court’s website, located at https://www.courts.oregon.gov/forms/Documents/Certificate_of_Required_Dispute_Reso lution.pdf .

CRITICAL

Applies to

Request for payment

A visitor’s payment request must include the fee-deferral or waiver order and be a certificate stating the case information and total service hours.

(4) The visitor must submit a copy of the order deferring or waiving fees of the indigent party with the request for payment, which must be in the form of a certificate and include the following: (a) Case identifying information; and (b) Total hours of service the visitor provided.

CRITICAL

Applies to

Domestic relations asset distribution and support documents

In domestic relations cases, the specified asset-distribution and support information and documents must be filed and served at the pretrial conference.

In domestic relations cases, information and documents required under UTCR 8.010 (4) and (5), regarding distribution of assets and support, must be filed and served at the time of the pretrial conference.

CRITICAL

Applies to

Remote location testimony motion

A request for remote-location testimony appearance must include the hearing details, reason, opposing party’s position, video availability, and—if applicable—the subject matter of the witness’s testimony.

A motion for the remote location testimony appearance of counsel, a party, or a witness (collectively “the party”) may be made in a civil proceeding or any proceeding under ORS chapter 419B as authorized by ORS 45.400. The request must include the following: (a) Hearing type; (b) Date, time and location of hearing; (c) The reason for the request; (d) If the motion is for the remote location testimony appearance of a witness, the subject matter of the witness’s testimony; (e) The position of opposing party; and (f) Whether appearance by video transmission is readily available.

CRITICAL

Applies to

Court order

After the annual-report budget procedure, the protected person’s room-and-board contribution may not be increased without a new court order authorizing it.

Thereafter, the protected person’s contribution to room and board shall not be increased without a new court order that allows it.

CRITICAL

Applies to

Petition

A petition requesting a bond waiver must explain why waiver is just and proper in light of all known assets and creditors.

Petitions to open estate proceedings that include requests to waive bonds shall clearly explain the reason waiver is just and proper in light of all known assets and creditors

CRITICAL

Applies to

Adoption petition

An adoption petition for a minor must plead at least two facts showing the petitioners can meet the child’s basic needs and support the child’s development.

Every petition for adoption of a minor child must contain at least two (2) facts offered to satisfy the ORS 109.285(1)(d) requirement concerning petitioner’s capacity to take care of the minor child and provide suitable nurture and education. Specifically, parents seeking to adopt must reassure the court with facts pled in the petition that show they are prepared to: (1) maintain sufficient resources to meet the child’s basic needs, and (2) support the child’s physical, intellectual and emotional development.

CRITICAL

Applies to

Visitor report

A court visitor must include any respondent’s or protected person’s objections in the Visitor Report.

Court visitors shall include any objections by the respondent or protected person in the Visitor Report.