Clackamas County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Trial postponement request

A trial postponement request must be filed with the appropriate case processing unit and include a motion, affidavit, and order.

A request to postpone trial must be made by filing a motion, affidavit and order with the appropriate case processing unit.

CRITICAL

Applies to

Petition

If an estate is filed in Oregon, and an estate proceeding for the same decedent exists in another state, a certified copy of the limited judgment of appointment, will (if testate), and letters of appointment must be included with the petition.

If an estate is filed in Oregon, and an estate proceeding for the same decedent exists in another state, a certified copy of the limited judgment of appointment, will (if testate), and letters of appointment must be included with the petition.

CRITICALCriminal cases

Applies to

Screening interviewer report

The screening interviewer must report the defendant’s successful or unsuccessful completion of any part of the DUII program to the Court.

- 5. Consistent with OAR 415-054-0530(1), the screening interviewer shall report to the Court the defendant's successful completion or failure to complete all or any part of the DUII program not more than 30 days from receipt of such notification from a DUII treatment provider.

CRITICAL

Applies to

Petition

A petition to open an estate proceeding must explain each heir’s relationship to the deceased using the stated statutory principles.

Petitions to open estate proceedings must clarify the relation of each heir to the deceased following consanguinity and passage by representation as described in ORS 112.045 and ORS 112.065, to enable the court to confirm that distribution of estate assets is just and proper.

CRITICAL

Applies to

Attorney fee or fiduciary fee request

Fee requests must include an itemized affidavit in the UTCR 5.080 form listing hours, hourly rates, and each worker’s title.

Such requests must be accompanied by an itemized affidavit for attorney fees and fiduciary fees, filed in the form required by UTCR 5.080, showing the number of hours expended, the hourly rate charged and a designation of title for each person performing work.

CRITICAL

Applies to

Motion

A landlord seeking an order requiring rent payments pending trial must file a motion requesting that order.

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

Order to show cause

An Order to Show Cause requesting confinement as a sanction must be presented at the Ex Parte Matters session for a judicial decision.

(2) As set forth in SLR 5.061(8)(m), any Order to Show Cause requesting confinement as a sanction must be presented at the Ex Parte Matters session for a judicial decision.

CRITICAL

Applies to

Arbitration hearing

An arbitration hearing scheduled less than 62 calendar days before trial must be accompanied by a motion, declaration, and order to postpone the trial date.

Any arbitration hearings scheduled to be held less than sixty-two (62) calendar days from the date scheduled for trial shall be accompanied by a Motion, Declaration and Order to Postpone the trial date.

CRITICAL

Applies to

Petition

A petition to open an estate proceeding must disclose whether a devisee’s bequest will fail and why the failure is inevitable.

Petitions to open estate proceedings shall disclose whether any devisee’s bequest will fail, and the reasons that the failure is inevitable.

CRITICAL

Applies to

General judgment

If no General Judgment is filed within 30 days after the trial de novo request period expires, the arbitration clerk must create and submit one incorporating the award to the assigned judge.

If a General Judgment is not filed within (30) days after the time to request a trial de novo has elapsed, the court’s arbitration clerk shall create and submit a General Judgment which incorporates the arbitration award to the judge assigned to oversee arbitration matters at the court.

CRITICAL

Applies to

Motion for ex parte order

Must include

proposed order

Each motion for an ex parte order must include a separate proposed order.

Motions for ex parte order must be accompanied by a separate proposed order.

CRITICALCriminal cases

Applies to

Motion

To seek denial of release under ORS 135.240(4) for an unlisted crime, the State must file a motion supported by a sworn statement, affidavit, or declaration; the source text ends mid-sentence.

If the State seeks to have release denied pursuant to ORS 135.240(4) for a crime that is not listed above, the State shall file a Motion Requesting Court Determination of a Violent Felony supported by a sworn statement, affidavit, or declaration setting

CRITICAL

Applies to

Motion to continue arbitration

A party or the arbitrator seeking continuation of arbitration must file a Motion, Declaration and Order to Continue Arbitration.

A party or the arbitrator files a Motion, Declaration and Order to Continue Arbitration.

CRITICAL

Applies to

Application to serve as arbitrator

An attorney seeking placement on the court-appointed arbitration list must complete the specified application form and send it to the arbitration clerk.

(1) In addition to the requirements set forth in UTCR 13.090, to be placed on the Clackamas County Court-Appointed Arbitration List, an attorney must complete the Application to Serve as Arbitrator form available on the court’s website and send it to the arbitration clerk.

CRITICAL

Applies to

Motion or petition

Must include

proposed order

A party's motion or petition seeking an order for a particular in-person court operation must be filed with a proposed order, and the order may issue only if the stated conditions are met.

- a. The Presiding Judge may order that a particular trial, hearing, or other court operation will take place if the assigned judge, upon motion or petition of a party filed with a proposed order, determines that there is a need for in-person court action, that social distancing can be required, and that the court can order other reasonable precautions to protect the health of all participants.

CRITICAL

Applies to

Filing not applicable to each consolidated case

Must include

caption

A filing that does not apply to every consolidated case must contain only the caption and case number for the case to which it applies.

Pleadings, memoranda, and other documents that do not apply to each of the consolidated cases shall contain only the case caption and case number for the case to which they apply.

CRITICAL

Applies to

Waiver motion

A non-professional fiduciary seeking a waiver for good cause must request it by motion supported by affidavit.

(7) Upon a showing of good cause, a non-professional fiduciary may request a waiver of the requirements of this rule. The request must be made by motion, supported by affidavit and filed within fifteen (15) days of receipt of notice.

CRITICAL

Applies to

Fee waiver or deferral request

Fee-waiver or deferral requests must be accompanied by the documents for which the fee relief is requested, except requests related to arbitration hearings, settlement conferences, or trial fees.

Unless related to an arbitration hearing, settlement conference, or trial fees, waiver and deferral requests shall be accompanied by the documents for which a fee is required and is being requested to be waived or deferred.

CRITICAL

Applies to

Annual report of restricted funds

If funds are restricted until the minor reaches majority, bond and standard annual accounting requirements may be waived, but an Annual Report of Restricted Funds is required in lieu of the accountings.

(1) Bond and standard annual accounting requirements may be waived if the funds are restricted until the minor attains the age of majority. In lieu of such accountings, the court will require Annual Report of Restricted Funds.

CRITICAL

Applies to

Stipulated order

An agreement reached in mediation must be signed by the parties and filed as a stipulated order.

(3) Agreement reached while in mediation shall be signed by the parties and filed as a stipulated order.

CRITICAL

Applies to

Arbitration fee waiver or deferral order

A party relying on a court waiver or deferral must provide a copy to the arbitrator before arbitration.

In accordance with UTCR 13.120(4), the arbitrator may preclude a party from participating in the arbitration proceeding after the transfer unless the party pays the required arbitrator fee or the party obtains a waiver or deferral of the fee from the court and provides a copy of the waiver or deferral to the arbitrator, prior to the arbitration.

CRITICAL

Applies to

Unified pdf exhibit submission

A unified single-PDF exhibit submission must begin with an index identifying each exhibit, link each exhibit electronically to the index, and include an electronic bookmark for each exhibit.

Exhibits submitted as a unified single PDF file under this paragraph must: - (1) Be accompanied by an index that identifies each exhibit, located at the beginning of the submission, and each identified exhibit must be electronically linked to the index; and - (2) Include an electronic bookmark for each exhibit.

CRITICAL

Applies to

Unified exhibit pdf

A unified PDF of exhibits must begin with an identifying index electronically linked to each exhibit and include a bookmark for every exhibit.

(c) Exhibits submitted as a unified single PDF file under this paragraph must: (i) Be accompanied by an index that identifies each exhibit, located at the beginning of the submission, and each identified exhibit must be electronically linked to the index; and (ii) Include an electronic bookmark for each exhibit.

CRITICAL

Applies to

Motion for in person hearing

A party requesting an in-person dependency hearing must file a Motion for In Person Hearing with the Juvenile Court.

To request an in person hearing a party must file a Motion for In Person Hearing with the Juvenile Court.

CRITICAL

Applies to

Certificate of completion

After completing the required class, a non-professional fiduciary must file a certificate stating when the class was taken and who provided it.

(6) Upon successful completion of the court-required class, the non-professional fiduciary shall file a certificate of completion with the Probate Department stating the date and time the class was taken as well as the provider of the class.

CRITICALCivil cases

Applies to

Good cause request

A party may present a good-cause request to hold a covered proceeding or postponed trial during Level 3 restrictions to the Presiding Judge by Motion/Declaration/Proposed Order, and the Presiding Judge will decide whether good cause exists.

A party claiming good cause to hold such a proceeding or a trial postponed under this Order may present that request to the Presiding Judge by Motion/Declaration/Proposed Order. The Presiding Judge will determine whether there is good cause for holding the trial or civil proceeding while the Level 3 restrictions and this Order are in effect.

CRITICAL

Applies to

Exhibit label

Must include

case number

Exhibits marked under UTCR 6.080 must show the case number on the exhibit label.

Exhibits marked as authorized by UTCR 6.080 must include the case number on the exhibit label.

CRITICAL

Applies to

Motion to vacate judgment and reinstate stipulated agreement

A party moving to vacate a Judgment of Restitution and reinstate an FED stipulated agreement must provide a newly drafted Judgment of Restitution.

Any party that moves to vacate a Judgment of Restitution and reinstate the Stipulated Agreement in an FED case must provide a newly drafted Judgment of Restitution document.

CRITICAL

Applies to

Documentary exhibits

Documentary exhibits submitted through eFiling must be designated confidential as described in UTCR 21.070(6).

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

CRITICALCivil cases

Applies to

Motion

A hearing on an expedited parenting time enforcement motion or post-judgment status quo matter will be set upon filing a Motion, Declaration, and Order to Show Cause.

e. Expedited parenting time enforcement motions and post-judgment status quo; a hearing will be set upon filing Motion, Declaration and Order to Show Cause.

CRITICAL

Applies to

Guardianship petition

If a guardian intends to use the protected person’s funds for room and board provided by the guardian or specified relatives, the guardianship petition must include a monthly budget with the required costs and allocations.

If a guardian intends to use a protected person’s funds for room and board that the guardian or guardian’s spouse, parent or child will provide to the protected person, then the Petition for Guardianship must include a monthly budget showing the total cost for all occupants’ room and board, the proportion of the total room and board proposed to be paid by the protected person’s funds, and the amount of the protected person’s funds that will remain for other necessary expenses.

CRITICAL

Applies to

Corporate fiduciary fee request

A request for corporate fiduciary fees beyond the statutory basic percentage fee must include an affidavit complying with SLR 9.095(1)(a).

Corporate Fiduciary Fees: Any request for approval of corporate fiduciary fees in addition to the basic percentage fee allowed pursuant to applicable statute, must be accompanied by an affidavit in compliance with 9.095(1)(a), above.

CRITICAL

Applies to

Guardianship petition

Must include

caption

A guardianship petition must identify the guardianship’s type and duration and any requested conservatorship in its caption, state each petitioner’s full legal name, and use the required emergency designation when applicable.

A Petition for Guardianship shall state, in the caption, whether it is for guardianship of a minor or an adult, whether it is for a temporary or indefinite time (or both), and whether a conservatorship will also be requested. All Petitioners shall state their full legal name in the Petition. If a Petition for Guardianship includes a request for waiver of two (2) day notice, then the caption shall also designate that it is an “Emergency Protective Proceeding.”

CRITICAL

Applies to

General judgment

If no timely request for trial de novo is filed, the arbitration award must be incorporated into a compliant General Judgment.

If no request for trial de novo is filed within the time established by ORS 36.425(3), then the arbitration decision and award must be incorporated into a General Judgment document that complies with ORS 18.035 et. seq., ORS 18.042 et.seq., ORS 36.425(3) and with all other applicable ORS, ORCP and UTCR.

CRITICAL

Applies to

Declaration

To rebut the presumption favoring transfer, the guardian must explain in a declaration filed with the Probate Department why the case should remain in Clackamas County.

This is presumed to serve the protected person’s best interest under ORS 125.020(4) unless the guardian explains good reasons for the case to remain in Clackamas County in a declaration filed with the Probate Department.

CRITICAL

Applies to

Filing affecting each consolidated case

Must include

caption

A filing affecting each consolidated case must begin with a caption identifying the parties, their roles, and the case number for the particular case in which it is filed.

Pleadings, memoranda, or other documents filed as authorized by UTCR 2.090, which affect each of the consolidated cases, shall contain as the first caption the parties’ names, roles in the case, and case number applicable to the particular case in which the filing is to be done.

CRITICAL

Applies to

Attorney fee or fiduciary expense request

Attorney fees and fiduciary expenses under the cited statutes require court approval, and those paid from an estate must identify that source and receive advance approval.

Attorney fee and fiduciary expenses under ORS 116.183 and 125.095 must be approved by the court. All attorney fee and fiduciary expenses under ORS 116.183 and 125.095 which are to be paid out of the decedent’s or protected person’s estate, must so state and be pre-approved by the court.

CRITICAL

Applies to

Court order

The protected person’s room-and-board contribution may not be increased without a new court order authorizing the increase.

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

CRITICAL

Applies to

Trial continuance request

Must include

proposed order

When a time constraint prevents setting a summary judgment motion before trial, the parties must file a motion, declaration, and proposed order to continue the trial date.

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.

CRITICAL

Applies to

Petition

A petition requesting a bond waiver must be supported by consents from all known heirs and devisees filed contemporaneously.

shall be supported by contemporaneously filing consents from all known heirs and devisees.

CRITICAL

Applies to

Motion to set aside or vacate general judgment

A dismissed civil action may be reinstated only on the court’s own motion under ORCP 71A or through a party’s filed Motion, Declaration and Order following ORCP 71.

A civil action closed by entry of a General 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.

CRITICAL

Applies to

Waiver motion

A party may seek a waiver for good cause by filing a motion supported by a declaration within 15 days of receiving the Trial Court Administrator’s notice.

Upon a showing of good cause, a party may request a waiver of this rule. The request must be made by motion, supported by declaration, and filed within fifteen (15) days of receipt of the Trial Court Administrator’s notice.

CRITICAL

Applies to

Annual guardian report

If no budget was approved with the petition, a guardian using the protected person’s funds for specified room and board must include the subsection (4) budget with the next annual report.

If a guardian uses a protected person’s funds for room and board that the guardian or guardian’s spouse, parent or child has provided to the protected person without having had a budget approved with the Petition, then a budget as described in subsection (4) must be included with the next annual guardian’s report.

CRITICALCivil cases

Applies to

Motion

A hearing on an expedited parenting time enforcement motion or post-judgment status quo matter will be set upon filing a Motion, Declaration, and Order to Show Cause.

Expedited parenting time enforcement motions and post-judgment status quo; a hearing will be set upon filing Motion, Declaration and Order to Show Cause.

CRITICAL

Applies to

Statements of assets and liabilities

Before filing statements of assets and liabilities, the parties must confer in an effort to agree on terminology, values, listing order, and which assets and liabilities are marital or non-marital.

Prior to filing statements of assets and liabilities as authorized by UTCR 8.010(3), the parties shall confer in an effort to agree on the following: (a) Terminology to be used to describe each asset and liability; (b) Values of each asset and liability; (c) The order in which each asset and liability is to be listed; and (d) Which assets and liabilities are part of the marital property, and which are non- marital assets.

CRITICAL

Applies to

Notice of settled matter self represented litigant

When all parties in a family law case agree on all issues and wish to report the case settled, they must file the Notice of Settled Matter form, signed by all parties.

If you and all other parties to your family law case have reached an agreement on all issues and would like to report your case as settled, please download and print the Notice of Settled Matter – Self Represented Litigant form (PDF), and file it with the court as soon as possible. All parties will need to sign the form to show their agreement to remove the case from the docket.

CRITICAL

Applies to

Motion for default

If the opposing party misses the statutory response deadline, the moving party must promptly submit a motion, declaration, and default order with a supplemental judgment granting the requested relief.

If the opposing party fails to file the written response in opposition within the time allowed in ORS 107.135(14), the moving party shall forthwith submit a motion, declaration, and order for default with supplemental judgment allowing the relief requested in the order to show cause.

CRITICAL

Applies to

Civil judgment with money award

A civil judgment with a money award must have a clearly identified money-award section containing the required information or affirmatively stating which required information is unknown.

As authorized by ORS 18.042, civil judgments that contain a money award must contain a separate section clearly identified as a money award. This statute sets forth information that is required to be included and information that is required to be included to the extent known by the judgment creditor. Any information that is required to be provided to the extent known by the judgment creditor must either be provided or the separate section must state affirmatively that the information required by the statute is unknown.

CRITICAL

Applies to

Court appointed attorney application and missing information

Defendants must deliver to the courthouse drop box or send the court any missing information, including a Court Appointed Attorney application and a mailing address or fax number.

The court will advise the defendant of their rights, any No Contact Orders in place, and direct the defendant to deliver to the courthouse drop box or send the court any information that has not yet been received, including a Court Appointed Attorney application, a specified mailing address or fax number.

CRITICAL

Applies to

Order to show cause

The order to show cause must include the specified notice about written responses to modification petitions or motions.

The Order to Show Cause shall include the Notice about a Written Response to a Petition or Motion to Modify Filed in Clackamas County Circuit Court.