Clackamas County Circuit Court Service and Proof of Service Rules

CRITICAL

The final formal Criminal Judgment must be provided to the defendant by defense counsel or, for a pro se defendant, by corrections or mail.

The final formal Criminal Judgment shall be provided to the defendant by their defense attorney or, if pro se, by corrections or by mail to the defendant.

CRITICAL

A person seeking to expunge an eviction record must file a certificate of service that complies with ORCP 9C’s requirements for proof of service of summons.

A person who seeks to expunge an eviction record under ORS 105.163 must file a certificate of service with the court to prove compliance with ORS 105.163(2). The certificate of service filed must follow the same procedural requirements contained in ORCP 9C for proof of service of summons.

CRITICAL

The specified domestic-relations information and documents must be served at the time of 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

Notice of scheduled arbitration hearing

For a virtual arbitration hearing, the arbitrator must furnish the hearing link with the hearing notice at least five days before the hearing.

If the location of the arbitration hearing is to take place on a virtual meeting platform, the arbitrator shall furnish a link to the virtual arbitration hearing together with the notice of scheduled arbitration hearing, at least five (5) days before the date set for the arbitration hearing, in accordance with ORS 36.420.

CRITICAL

Applies to

Proposed order notice

Notice of the proposed order must be served under UTCR 5.100 before the order is submitted to the court.

Notice of the proposed order must be served in accordance with UTCR 5.100 prior to submission to the court.

CRITICALCriminal cases

The State must provide the documents in a manner reasonably calculated to give prompt notice to defense counsel or, if counsel is unknown, the arraignment agency.

The State shall provide a copy of the documents in a manner most reasonably calculated to provide prompt notice to the defense attorney if one is known or to the agency holding the contract to perform arraignments if a defense attorney is not known.

CRITICAL

In FED cases, both parties must exchange all trial-intended documents and tangible evidence before trial, unless an attorney obtains court approval for a different discovery method.

Therefore, in all FED cases, both parties must exchange all documents, photographs, videos and other tangible evidence that they intend to use at trial before the trial day, unless a party’s attorney secures court approval of a different discovery method for a particular case.

CRITICAL

Applies to

Court order

A party who obtains a visitor-fee deferral or waiver must immediately provide the visitor a supplemental copy of the granting order.

(2) Any party who obtains a deferral or waiver of visitor fees as provided in ORS 125.170(3) must immediately provide the visitor with a supplemental copy of the court order granting the waiver or deferral.

CRITICAL

Applies to

Exhibits

Exhibits marked under UTCR 6.080 must be exchanged with opposing parties before trial begins.

All exhibits marked as authorized by UTCR 6.080 must be exchanged with opposing parties before the commencement of trial.

CRITICAL

Applies to

Notice

In a vulnerable youth guardianship, the required notice must be sent to the attendant consulate nearest the courthouse.

(1) In a vulnerable youth guardianship, the statutorily required notice to the vulnerable youth’s attendant consulate must be sent to the consulate located nearest to the Clackamas County Courthouse.

CRITICAL

Applies to

Mediation notice

At filing, the clerk ensures the filing party receives the mediation notices and directs that a copy be served on the defendant or defendants.

The clerk of the court ensures that the filing party receives these notices at time of filing and directs the filing party to serve a copy of the notice to the defendant(s).

CRITICAL

Service

Email

When a court visitor is appointed, the petitioner’s attorney must email the designated visitor the marked petition and specified supporting documents, proposed notices, and respondent’s objection form.

When an order appointing a court visitor is issued, the petitioner’s attorney shall provide copies of the petition, marked “VISITOR’S COPY” with supporting documentation and copies of proposed notices and the ORS 125.070(4) respondent’s objection (the blue form) to the designated court visitor by e-mail.

CRITICAL

Applies to

Ex parte motion

When service is required by law, an ex parte motion must have an attached certificate stating the date, time, and manner of service and the name of the person served.

When service is required by law, any motion that is to be presented ex parte shall have attached to it a certificate of service, which shall include the date, time, manner of service upon the opposing party, and the name of the person served.

CRITICAL

Applies to

Petition or post judgment motion

When serving the respondent with the petition or post-judgment motion, the petitioner must include the Trial Court Administrator’s notice.

Petitioner, when serving the respondent with the petition or post-judgment motion, shall also include a copy of the Trial Court Administrator’s notice.

CRITICALCriminal cases

When the State seeks preventative detention, the District Attorney's office must provide available discoverable case-file material to defense counsel within 24 hours after notice that the defendant is represented.

In a case in which the state seeks preventative detention, the District Attorney's office shall provide the discoverable material it has available it its case file to defense counsel within 24 hours after the District Attorney's office has been notified that the defendant is represented by defense counsel.

CRITICAL

Applies to

Guardian report

The guardian must give report copies to the people specified in ORS 125.060(3).

Copies of the guardian’s report must be given to those people specified in ORS 125.060 (3).

CRITICAL

Service

Mail to all parties

When a first appearance is rescheduled, notice must be sent to the parties by first-class mail, and they must appear in person at the set date, time, and place.

When the date for first appearance is rescheduled by the court, notices will be sent to the parties, by first class mail, and all parties shall appear at such first appearances in person on the date, time and place set.

WARNINGCivil cases

If a remote hearing is requested for the specified objections, parties will be notified and sent notice stating the hearing date, time, location, and method of remote appearance.

Objections to temporary emergency custody on immediate danger orders and pre-judgment status quo orders; parties will be notified and sent notice with the date, time, location and method of the remote appearance of the hearing, if requested.

WARNINGCivil cases

Parties will be sent notice of subsequent restraining order hearings that states the date, time, location, and method of remote appearance.

Subsequent restraining order hearings, (including objections, motions to modify, renewals and exceptional circumstances); parties will be sent notice with the date, time, location and method of remote appearance.

INFO

OSB-member lawyers may be notified by email when a first appearance is rescheduled.

Lawyers who are OSB members may be notified by email.