Clackamas County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Motion for relief from default judgment

A motion for relief from default judgment must be written and accompanied by an affidavit stating facts showing mistake, inadvertence, surprise, or excusable neglect caused the failure to appear.

The court requires a written motion for relief, accompanied by an affidavit setting forth facts which demonstrate that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.

CRITICAL

Applies to

Case transfer filing

When the protected person in a Clackamas County guardianship case moves to a residence outside of Clackamas County, a motion, declaration and order to transfer the case must be filed to move it to the court where the protected person lives.

When the protected person in a Clackamas County guardianship case moves to a residence outside of Clackamas County, a motion, declaration and order to transfer the case must be filed to move it to the court where the protected person lives.

CRITICAL

Applies to

Document with multiple case captions

Must include

caption

On a document with multiple case captions and case numbers, each caption and case number after the first must include the reference “Related Case.”

When a document reflects more than one case caption and case number, any caption and case number following the first caption and case number must contain the reference “Related Case.”

CRITICALCriminal cases

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

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

Motion to modify

An attorney-filed motion to modify must state the estimated hearing time in the case caption.

If filed by an attorney, the Motion to Modify shall state in the case caption the estimated time needed for the hearing.

WARNING

Applies to

Motion

If parties cannot agree on a private mediator or the mediator’s fees, any party may ask the court to decide by filing a motion and supporting declaration.

If private mediation is sought and the parties are unable to agree on a private mediator or payment of fees of the mediator, any party may file a motion and supporting declaration with the court requesting that the court determine the mediator and payment of fees.

WARNING

Applies to

Assets and liabilities statement

Each statement must use agreed terminology or, if the parties cannot agree, list each party’s preferred terminology with the opposing party’s terminology immediately after it in parentheses.

Each party’s statement of assets and liabilities shall use the agreed-upon terminology for each asset and liability. If the parties are unable to agree on terminology for any particular asset or liability, each party shall refer to each such asset or liability with their own preferred terminology, followed immediately by the opposing party’s terminology for that item in parentheses.

WARNING

Applies to

Assets and liabilities statement

Statements must list assets and liabilities in the same order; if the parties cannot agree, petitioner’s order controls and the other statements must follow it.

(4) Assets and liabilities shall be listed in the same order. If the parties are unable to agree upon the listing order, petitioner’s listing order shall prevail, and respondent’s statement and any other party’s statement shall follow petitioner’s listing order.

WARNING

Applies to

Mediation objection

When a party files a written objection to mediation, the court must remove the case from mediation and proceed normally.

If a party files a written objection to mediation, the court must remove it from mediation and proceed with the case in the normal fashion.

WARNING

Applies to

Postponement forms

The arbitrator may draft postponement forms or direct a party to draft and submit them to the arbitrator for filing.

The arbitrator may elect to draft the forms or may direct a party to draft and submit the forms to the arbitrator for filing with the court.

WARNING

Applies to

Assets and liabilities statement

Each statement must list agreed marital-estate items first and separately list disputed items at the end.

(5) Each party’s statement of assets and liabilities shall first list all items the parties agree are part of the marital estate. Any assets or liabilities that the parties do not agree are part of the marital estate shall be separately listed at the end of the statement.

WARNING

Applies to

Affidavit declaration of non compliance

If a party fails to comply with a stipulated order, the opposing party may file an Affidavit/Declaration of Non-Compliance to obtain judgment on the original claim.

(4) Failure of either party to abide by the stipulated order will be grounds for the opposing party to file an Affidavit/Declaration of Non-Compliance and obtain a judgment on the original claim.

WARNING

Applies to

Bond

The court may require the personal representative of an intestate estate to file a bond if it is not satisfied that creditors will be paid.

Consistent with ORS 113.105, the personal representative of an intestate estate may be required to file a bond if the court is not satisfied that the creditors will be paid.

WARNING

Applies to

Attorney fee request

The parties’ consent to an attorney fee request does not excuse compliance with the rule’s requirements.

Consent by the parties to the attorney fee requests shall not waive the requirements of this rule.

INFO

Applies to

Telephonic appearance request

Parties in the specified categories of appearances and proceedings do not need to file a Motion and Proposed Order Requesting Telephonic Appearance.

Parties do not need to file a Motion and Proposed Order Requesting Telephonic Appearance in certain categories of appearances and proceedings indicated below in paragraphs 3, 4, and 5.

INFOCriminal cases

Applies to

Screening interviewer or treatment provider report

A screening interviewer or treatment provider report may include relevant information described in Findings paragraph 5, including information obtained after treatment is completed.

- 6. The form of any screening interviewer or treatment provider report may include data or information described in the Findings at paragraph 5 above (including data or information obtained after any treatment program is completed) so long as such data or information is relevant to the defendant's progress in the diversion program.

INFO

Applies to

Application to serve as arbitrator

An arbitrator whose application has expired may submit a new Application to Serve as Arbitrator for consideration for renewed listing.

(b) An arbitrator whose application has expired may complete a new Application to Serve as Arbitrator for consideration to be included on the list again.

INFO

Applies to

Request for mediation

A party may ask the court to send a case to mediation by filing a request for mediation.

Request - You can also ask the court to send your case to mediation by filing a request for mediation (Link to mediation forms page).

INFO

Applies to

Statement of assets and liabilities

The parties may file one joint statement of assets and liabilities instead of filing separate statements.

In lieu of filing separate statements of assets and liabilities, the parties may file one joint statement of assets and liabilities which either or both parties claim to be subject to distribution by the court.