Lane County Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- The court may allow additional time to submit judgment for good cause.
- A motion to postpone or accelerate consideration, including a request for an expedited hearing, must state all other parties’ positions and whether they wish to respond; without that statement, the motion will be denied and the matter considered normally.
- The parties may continue consideration to a later motion day by filing a written stipulation by the preceding week's Thursday; a motion may be continued only once, and memorandum filing time may not be extended, unless the court orders otherwise.
- +4 more
Request must include
Document Format Requirements6 rules
Any interested person, as described in ORS 125.075(1), other than the respondent or protected person, may object to a motion only by written objection.
Formatting
- •Objections to motions must be in writing
The report shall be substantially in the form prescribed by the court which is available on the court’s website.
All accounts, filed with the court, in estates, conservatorships and trusts shall be in the format as set out in UTCR 9.160.
The request must be submitted in the form of a standard motion and order to waive or defer court fees.
Parties are required to bring the original exhibits and two additional copies of all exhibits they intend to offer to the court. Failure to supply three copies could result in the court refusing to receive the exhibits.
That person may object to a petition either in writing or orally.
Formatting
- •Objections to petitions may be made either in writing or orally
Document Filing Requirements60 rules
(3) Protective order initiating matters. To be presented to the judge assigned by the presiding judge for that day, but may be electronically submitted through the OJD electronic forms system:
A defense attorney's motion to withdraw must state the defendant's custody status and trial-date status, and, if trial is set, how and when the defendant was notified.
Court's wording
(b) A motion to withdraw by a defense attorney shall begin with a statement about the defendant’s custody status and a reference to the trial date or a statement that the case has not been set for trial. If the case is set for trial, the motion must recite whether, how and when defendant was notified of the trial date.
In a motion to withdraw as attorney where the client is a corporation or other similarly situated party, the withdrawing lawyer is required to submit an affidavit indicating that they have notified the client that it is required by law to appear through an attorney and the client cannot proceed self-represented or file documents with the court.
(a) In criminal cases, including appeals from Justice and Municipal Courts, application for withdrawal or discharge of an attorney shall be in open court; after notice to the opposing side and with the defendant present unless the defendant's whereabouts are unknown.
(1) All motions in criminal cases except motions listed in ORS 135.037(2) (a)-(d), shall be accompanied by a proposed order and shall state the position of the opposing party.
- Document
- Motion
Must include
- •Proposed order
(b) Criminal motions shall be limited to the substance and remedy requested in the filed motion. To the extent other issues or remedies are to be considered by the court, the parties shall amend the pleadings accordingly prior to the hearing.
The first sentence of every motion shall state whether the case is set for trial and if so, shall state the date.
A party moving to amend its pleadings shall ascertain the positions of all other parties regarding amendment, and, if the motion is unopposed, it shall so state in its heading.
Motions to set or change a hearing or trial date, motions directed to the presiding judge, motions that may be submitted ex parte, and stipulated or unopposed motions must include a proposed order with grant-or-deny options and space for court comments or directions.
- Document
- Motion
Must include
- •Proposed order
Court's wording
The following motions in civil cases shall be accompanied by a proposed order which provides an option to grant or deny the motion and a space for the court to insert comments or further direction. (a) Motions to set or change a hearing or trial date. (b) Any motion directed to the presiding judge under these rules. (c) Any motion that may be submitted ex parte under Oregon Statute or rules. (d) Stipulated or unopposed motions.
Except where otherwise authorized by statute, all motions and affidavits seeking an ex parte order and/or judgment of default shall state the method of service and date and time service was made and perfected. In addition to a declaration in the affidavit this information shall be set forth in the first line of the motion.
A confidential settlement memo or other document must be submitted to the court prior to the settlement conference.
Settlement agreements and proposed orders or judgments that have been reduced to writing and not previously filed shall be presented to the court at that time.
All motions and stipulations for postponement must include a proposed order with the proposed new trial date agreeable to all parties and pre-approved by the court calendar clerk’s office.
- Document
- Postponement motion or stipulation
Must include
- •Proposed order
In addition to the requirements of UTCR 6.030(2), all motions to postpone must also state whether a party is in custody.
Each police agency must file with the calendar clerk written schedules of unavailable days at least 90 days prior to any court day on which the police officer will not be available for traffic violation trials in this court for any reason.
A motion to change the proceeding’s mode must include a supporting affidavit addressing the reasons and basis for the change, potentially implicated statutes and rights, and the opposing party’s position, as well as a proposed order.
- Document
- Motion to change mode
Must include
- •Proposed order
Court's wording
Any party seeking to change the mode of a proceeding from the mode in the Presiding Judge Order must file a motion with a supporting affidavit and proposed order two business days prior to the proceeding. The supporting affidavit must include: (a) The reasoning and basis for the change in mode of the proceeding, including statutes that may be implicated by the change and any statutory or constitutional rights that may be implicated by the change; and (b) The position of the opposing party.
Every attorney handling juvenile cases must file with the appropriate clerk written schedules of unavailable days at least ninety (90) days prior to any court day on which the attorney will not be available for trial for any reason.
When the parties select an independent mediator, they or their attorney must file a stipulation identifying the mediator and first session date by the hearing, or the parties will be ordered to attend court mediation.
Court's wording
If an independent mediator is selected, the parties or their attorney shall file a written stipulation indicating the name of the mediator and the date set for the first mediation session. The mediator shall then notify the court when the parties have attended mediation. (c) If a stipulation for independent mediation is not filed by the time set for the hearing on any child custody or visitation dispute, the parties will be ordered to attend the court's mediation program.
A party's motion to appoint an attorney for a child must be filed with a proposed order.
- Document
- Motion
Must include
- •Proposed order
Court's wording
A motion to appoint an attorney for a child that is made by a party in a pending proceeding must be served on all named parties in the case in accordance with ORCP 9 and must be filed with a proposed order as outlined in (4) below.
The motion must include the child's contact information, the parties' positions, the next hearing date, and the specified payment and attorney-selection information.
Court's wording
The motion must include: (a) The child’s contact information for the court and the attorney to reach the minor child, (b) The position of all the parties regarding the motion, (c) The next hearing date set in the case; and (d) A proposal for payment for the costs associated with the attorney, and whether the court should consider a particular attorney for the child and that attorney’s willingness and availability to be appointed.
A proposed order of appointment shall include: (a) The name and contact information for the attorney, (b) The contact information for the attorney to reach the child, if available, (c) Whether the attorney is an advocate on behalf of the child or is an attorney for the best interests of the child, as different ethical duties apply, (see: https://www.courts.oregon.gov/programs/family/sflac/Conference%20Materials/FLC.21.Lawyer s.Materials.pdf) (d) A release of information provision that allows the attorney to receive relevant records related to the child (such as school, medical, dental, counseling, etc.), (e) A provision requiring each party to the case to make the child accessible to the attorney free from interference or monitoring by the parties, (f) A provision regarding payment to the attorney if appropriate; and (g) A provision relating to the attorney’s termination of representation of the child.
Each party who successfully completes the court’s program or a preapproved alternative program shall file a certificate of completion with the court before trial or judgment.
Mediated agreements for which court enforcement may be sought must be presented to the court.
The mediation program shall present a certificate of completion to the court when each party has completed mediation orientation.
Remedial contempt proceedings arising from domestic relations cases shall be initiated by filing a complaint and a proposed order to show cause requiring a personal appearance.
Motions for temporary pre-judgment interim financial relief shall be filed separately from other interim requests and must include an affidavit in support, and a completed Uniform Support Declaration (USD).
The order to show cause shall require the adverse party, if the adverse party desires to appear and be heard, or contest any of the issues, to file a USD and responding affidavit within 14 days following service or as the court may otherwise direct.
The complaint shall set out the facts constituting the alleged contempt and comply with UTCR Chapter 19.
The responding affidavit shall respond to the original USD and affidavit and allege matters to the extent the adverse party wishes to put matters of fact at issue.
The proposed order must set an appearance on the Show Cause #2 docket at least 45 days after the complaint and order to show cause are filed.
Court's wording
The proposed order to show cause shall require the opposing party to appear at a specified time and date on the Show Cause #2 docket pursuant to SLR 7.008 that is not less than 45 days after the complaint and order to show cause have been filed.
In any case involving temporary child support, the financial affidavits filed by the parties shall include applicable child support computation worksheets.
If the adverse party chooses to respond, they shall include a completed USD with any response.
When the matter is ready for decision, the moving party shall so notify the court by filing a notice of readiness for decision.
The responding affidavit shall respond to the original affidavit and allege matters to the extent the adverse party wishes to put matters of fact at issue.
The proposed order to show cause shall require the opposing party to appear at a specified time and date on the Show Cause #2 docket pursuant to SLR 7.008.
The order to show cause shall contain a notice plainly and specifically stating the hearing date and time.
The order to show cause shall require the adverse party to personally appear to be heard or to otherwise contest the issues, either in whole or in part, and to file a responding affidavit within fourteen (14) days following service or as the court may otherwise direct.
When filing a post-judgment motion for order to show cause seeking judgment modification, the order to show cause shall require the adverse 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).
Motions for post-judgment status quo orders pursuant to ORS 107.138 shall include an affidavit or declaration in support and a proposed order to show cause that requires the personal appearance of the other party.
The order to show cause shall advise the adverse party that if such written appearance is not timely filed, a default order shall be applied for by the moving party.
These motions must include a supporting affidavit or declaration and a proposed order to show cause requiring the other party's personal appearance.
Court's wording
Motions for pre-judgment temporary custody, parenting time, or exclusive use of the family home or property pursuant to ORS 107.095 shall include an affidavit or declaration in support and a proposed order to show cause that requires the personal appearance of the other party.
(1) Proceedings for expedited parenting time enforcement pursuant to ORS 107.434 shall be initiated by motion and order to show cause requiring personal appearance.
A personal representative or conservator intending to appear without an attorney must notify the court and provide proof of competence.
Court's wording
(1) If a personal representative or conservator intends to appear on behalf of the estate or protected person without an attorney, the personal representative or conservator shall provide notice of that intent to the court and proof of competence to so appear.
An affidavit of indigence must be received and reviewed by the court before it can waive or defer the visitor’s fee.
Court's wording
The visitor will not undertake an investigation pursuant to ORS 125.150 or an interview as required by ORS 125.605(4) until the fee has been tendered to the visitor unless the fee has been waived or deferred by the court after receipt and review of an affidavit of indigence.
A guardian shall promptly notify the court in writing of any change of name or address.
(c) File with the probate department, upon successful completion of the education class, a certificate of completion stating the date the class was taken and the provider of the class.
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.
If no objections to a final account are filed within the time fixed for filing objections, a proposed order approving the final account shall be filed with the court clerk.
All accounts in decedent estates shall be filed with the court clerk.
All motions in juvenile cases shall contain the position of each party within the first paragraph of the motion. If a party’s position is unknown, the moving party shall include information about attempts to ascertain that party’s position.
If remaining assets are being held in restricted accounts and annual accountings have been waived, the Conservator shall file an annual statement with copies of the most recent bank statement of the financial institution and the balance in the restricted account.
If no objections to the account are filed within the time fixed for filing objections, and an order approving the account is desired, a proposed order shall be filed with the court clerk.
- Document
- Account
Must include
- •Proposed order
If multiple exhibits are eFiled as a single PDF, the beginning of the submission must be an index identifying each exhibit and electronically linked to each exhibit.
eFiled exhibits must be accompanied by an exhibit log.
After a case has been transferred to arbitration, the original of any motion must be filed with the arbitrator.
The motion shall be supported by an affidavit and a memorandum supporting the party’s position.
The arbitrator shall file a response, supported by an affidavit, within 7 days of receipt of the motion, and the dispute will be resolved by the court in a summary fashion without further argument.
A litigant’s assertion that they have an attorney, when the attorney has not filed a Notice of Representation, is not sufficient to designate an attorney of record.
Testimony by affidavit or declaration under penalty of perjury may be allowed after the defendant files a signed waiver containing the stated language.
Court's wording
(1) Testimony in violation cases may be allowed by affidavit, or by declaration under penalty of perjury, after defendant has filed a waiver signed by defendant to the following effect: “I agree that the Court may consider testimony of any witness by affidavit or by declaration under penalty of perjury.”
A defendant may waive an oral hearing by adding a provision to that effect to a waiver signed by the defendant.
Court's wording
(2) Defendant may also waive the right to an oral hearing by adding to the waiver, signed by defendant, a provision to the following effect: “I give up my right to an oral hearing or to be present at any oral hearing and the Court may decide this case on the basis of any written or oral testimony received by the Court in my absence.”
Filing & Service rules
Electronic Filing Rules
Oregon State Bar members must file electronically, except for documents that SLR 2.501 requires attorneys to file conventionally.
(6) Mandatory electronic filing is required for members of the Oregon State Bar per UTCR 21.140. SLR 2.501 specifies certain documents that attorneys must file conventionally.
Page 5 | 1.161 FILING OF DOCUMENTS
In the following subject matter areas, the listed ex parte documents requiring a judge’s signature and any document that will be served simultaneously with a document listed in this rule, must be presented conventionally, and may not be electronically filed except as provided in subsection (3).
In the following subject matter areas, the listed ex parte documents requiring a judge’s signature and any document that will be served simultaneously with a document listed in this rule, must be presented conventionally, and may not be electronically filed except as provided in subsection (3).
Page 7 | 2.501 DOCUMENTS THAT MUST BE PRESENTED CONVENTIONALLY AND MAY NOT BE ELECTRONICALLY FILED
Protective order initiating matters must be presented to the judge assigned for that day, but may be electronically submitted through the OJD electronic forms system.
(3) Protective order initiating matters. To be presented to the judge assigned by the presiding judge for that day, but may be electronically submitted through the OJD electronic forms system:
Page 7 | 2.501 DOCUMENTS THAT MUST BE PRESENTED CONVENTIONALLY AND MAY NOT BE ELECTRONICALLY FILED
Attorneys must electronically file ex parte orders unless excluded under SLR 2.501; excluded orders must be presented by a knowledgeable attorney in the designated courtroom Monday through Friday from 8:30 to 8:50 a.m., except in an emergency.
Ex parte orders presented by an attorney must be filed via mandatory electronic filing unless excluded from electronic filing under SLR 2.501. If excluded from electronic filing, the order must be presented by an attorney with knowledge of the subject matter in the designated courtroom Monday through Friday between 8:30 a.m. and 8:50 a.m., and not otherwise except in case of emergency.
Page 12 | 5.061 PRESENTATION OF EX PARTE ORDERS
Exhibits submitted on paper during the proceeding must be eFiled by the end of the following judicial day.
if submitted via paper during the proceeding, must be eFiled no later than the end of following judicial day.
Page 30 | 11.111 SUBMISSION OF EXHIBITS
Exhibits that can be converted to PDF must be submitted electronically.
All exhibits that can be converted to PDF must be submitted to the court electronically.
Page 30 | 11.111 SUBMISSION OF EXHIBITS
Documents cannot be filed by email or fax.
(5) Documents transmitted via email or fax will not be received for filing.
Page 5 | 1.161 FILING OF DOCUMENTS
A document submitted by email or fax may be returned to the filer.
(7) A document submitted by email or fax.
Page 6 | 2.015 RETURN OF A DOCUMENT TO A FILER
Self-represented litigants may present ex parte orders in the designated courtroom during the stated weekday hours, file them at the clerk’s office at any time, mail them to the court, or electronically file them unless excluded under SLR 2.501.
Ex parte orders presented by a self-represented litigant may be presented in the designated courtroom Monday through Friday between 8:30 a.m. and 8:50 a.m., may be filed at the court clerk’s office at any time, may be mailed to the court, or may be presented by electronic filing unless excluded from electronic filing under SLR 2.501.
Page 12 | 5.061 PRESENTATION OF EX PARTE ORDERS
Exhibits may be eFiled before the proceeding.
Exhibits may be eFiled before the proceeding,
Page 30 | 11.111 SUBMISSION OF EXHIBITS
Filing Timing and Cure Windows
A matter requiring testimony from a judge, the trial court administrator, or court staff requires a preliminary conference about scheduling and the intended testimony, which the requesting party must request no later than five days before trial or the hearing.
Any matter requiring testimony of a judge of the Lane County Circuit Court, the trial court administrator, or court staff will be subject to a preliminary conference to determine scheduling of the witness and what the testimony is intended to elicit. The party seeking the testimony shall request the conference no later than 5 days before the scheduled trial or hearing date.
Page 12 | 5.006 TESTIMONY BY JUDGE OF THE CIRCUIT COURT, TRIAL COURT ADMINISTRATOR, STAFF
The moving party requesting attorney fees, costs, or disbursements pursuant to ORCP 68 shall file a notice of readiness within 14 days after the time for filing objections if: (a) The other party did not file objections; or (b) The other party filed objections, but no party requested a hearing.
The moving party requesting attorney fees, costs, or disbursements pursuant to ORCP 68 shall file a notice of readiness within 14 days after the time for filing objections if: (a) The other party did not file objections; or (b) The other party filed objections, but no party requested a hearing.
Page 13 | 5.081 STATEMENTS FOR ATTORNEY FEES, COSTS OR DISBURSEMENTS
The court may not rule on an ORCP 68 motion requiring a notice of readiness until that notice is filed.
If a notice of readiness is required under (1), the court may not rule on the ORCP 68 motion until a notice of readiness is filed.
Page 13 | 5.081 STATEMENTS FOR ATTORNEY FEES, COSTS OR DISBURSEMENTS
Parties may be excused from trial call if the court receives written notice more than one day in advance that the case is settled and judgment will be filed within 30 days.
Parties may be excused from appearance at trial call if the court is notified in writing more than one day in advance that the case is settled, and that the judgment will be filed within 30 days.
Page 14 | 6.013 APPEARANCE AT TRIAL – SETTLED CASES
After parties are excused from trial appearance, judgment must be submitted within 30 days or the case returns to the trial docket and will be dismissed unless the court allows more time for good cause.
Judgment must be submitted within 30 days of being excused from trial appearance, or the case will be placed back on the trial docket and will be dismissed unless the court determines there is good cause to allow additional time.
Page 14 | 6.013 APPEARANCE AT TRIAL – SETTLED CASES
For civil cases with settlement placed on the record, judgment must be submitted within 30 days; otherwise the case returns to the trial docket and will be dismissed unless the court allows more time for good cause.
Judgment must be submitted within 30 days of settlement on the record, or the case will be placed back on the trial docket and will be dismissed unless the court determines there is good cause to allow additional time.
Page 14 | 6.013 APPEARANCE AT TRIAL – SETTLED CASES
Written documentation of a domestic-relations settlement placed on the record must be presented to the court within 14 days, or the case will be dismissed.
Written documentation of any settlements so placed on the record must be presented to the court within 14 days thereafter, or the case will be dismissed.
Page 14 | 6.013 APPEARANCE AT TRIAL – SETTLED CASES
An attorney handling juvenile cases must file the unavailable-day schedule at least 90 days before the court day when the attorney will be unavailable for trial.
Every attorney handling juvenile cases must file with the appropriate clerk written schedules of unavailable days at least ninety (90) days prior to any court day on which the attorney will not be available for trial for any reason.
Page 16 | 7.002 SCHEDULES OF VACATION AND OTHER UNAVAILABLE DAYS
A party seeking to change the ordered mode of a proceeding must file a motion two business days beforehand, subject to a possible statutory exception after notice to the court.
Any party seeking to change the mode of a proceeding from the mode in the Presiding Judge Order must file a motion with a supporting affidavit and proposed order two business days prior to the proceeding. The supporting affidavit must include: (a) The reasoning and basis for the change in mode of the proceeding, including statutes that may be implicated by the change and any statutory or constitutional rights that may be implicated by the change; and (b) The position of the opposing party. (2) An exception to the designated mode may exist when a party is specifically authorized by statute to appear in a certain mode after notice to the court.
Page 16 | 7.003 MODE OF PROCEEDINGS
A police agency must file the unavailable-day schedule at least 90 days before a court day when an officer will be unavailable for traffic violation trials.
Each police agency must file with the calendar clerk written schedules of unavailable days at least 90 days prior to any court day on which the police officer will not be available for traffic violation trials in this court for any reason.
Page 16 | 7.002 SCHEDULES OF VACATION AND OTHER UNAVAILABLE DAYS
The certificate of completion must be filed before trial or judgment.
Each party who successfully completes the court’s program or a preapproved alternative program shall file a certificate of completion with the court before trial or judgment.
Page 19
Parties must register for the parent-education class or apply for approval of an alternative program within 15 days after receiving notice.
Parties shall register for the class or make application for approval of an alternative program within 15 days of receiving notice of the education requirement.
Page 19
Each party must contact the mediation program to register for orientation within 15 days after filing or receiving a response that indicates a custody or parenting-time disagreement.
Each party must contact the mediation program to register for mediation orientation within 15 days of filing or receiving a response that indicates a disagreement regarding custody or parenting time.
Page 20 | 8.012 MANDATORY MEDIATION
The appearance specified in the proposed order must be at least 45 days after the complaint and order to show cause are filed.
The proposed order to show cause shall require the opposing party to appear at a specified time and date on the Show Cause #2 docket pursuant to SLR 7.008 that is not less than 45 days after the complaint and order to show cause have been filed.
Page 23 | 8.019 REMEDIAL CONTEMPT SHOW CAUSE PROCEDURES
A responding USD and affidavit are due within 14 days after service, unless the court directs otherwise.
The order to show cause shall require the adverse party, if the adverse party desires to appear and be heard, or contest any of the issues, to file a USD and responding affidavit within 14 days following service or as the court may otherwise direct.
Page 23 | 8.041 MOTIONS/ORDERS TO SHOW CAUSE FOR PRE-JUDGMENT INTERIM FINANCIAL RELIEF
A responding affidavit is due within 14 days after service, unless the court directs otherwise.
The order to show cause shall require the adverse party to personally appear to be heard or to otherwise contest the issues, either in whole or in part, and to file a responding affidavit within fourteen (14) days following service or as the court may otherwise direct.
Page 24 | 8.042 PRE-JUDGMENT TEMPORARY CUSTODY, PARENTING TIME, EXCLUSIVE USE OF FAMILY HOME OR PROPERTY
Filing deficiencies are expected to be cured promptly and must be corrected within the time specified in the court's notice to avoid a status hearing and possible sanctions.
In the event of a delinquency or deficiency in filing any document required by statute, court rule, or court order, the attorney of record shall be sent a courtesy notice. The personal representative, conservator, or guardian is expected to promptly cure the defect or delinquency. If the deficiency is not corrected within the time specified by the court in its notice, a status hearing requiring personal appearance of the attorney and/or party will be set by the court. If the delinquency or deficiency has not been corrected by the time of the hearing, appropriate sanctions will be imposed. If the attorney and or/party do not appear at the status hearing and the deficiency has not been corrected, an order to show cause may be issued.
Page 26 | 9.005 FILING DELINQUENCIES OR DEFICIENCIES
A guardian for a minor must file a written report with the court within 30 days after each appointment anniversary.
Within 30 days after each anniversary of appointment, a guardian for a minor shall file with the court a written report.
Page 27 | 9.092 GUARDIANS
A non-professional fiduciary subject to the rule must register for the prescribed education class no later than 20 days from appointment.
(a) Register for an education class for non-professional fiduciaries with a curriculum as prescribed by the presiding judge no later than 20 days from appointment as fiduciary;
Page 28 | 9.093 NON-PROFESSIONAL FIDUCIARY EDUCATIONAL PROGRAM
A non-professional fiduciary subject to the rule must successfully complete the education class within 90 days of appointment.
(b) Successfully complete the education class within 90 days of appointment as fiduciary; and
Page 28 | 9.093 NON-PROFESSIONAL FIDUCIARY EDUCATIONAL PROGRAM
Paper-submitted exhibits must be eFiled by the end of the following judicial day.
if submitted via paper during the proceeding, must be eFiled no later than the end of following judicial day.
Page 30 | 11.111 SUBMISSION OF EXHIBITS
A request to waive or defer arbitration fees must be made within 14 days of transfer to arbitration.
A party may request waiver or deferral of arbitration fees within 14 days of the case being transferred to arbitration.
Page 31 | 13.122 REQUEST FOR WAIVER OR DEFERRAL OF ARBITRATOR COMPENSATION
A dispute over an arbitrator’s fee must be raised by motion within 7 days after the complaining party receives the itemized statement.
Any dispute as to the amount of the arbitrator’s fee must be submitted to the court in the form of a motion to determine the arbitrator’s fee within 7 days of receipt by the complaining party of the arbitrator’s itemized statement required by UTCR 13.120(2).
Page 31 | 13.123 ARBITRATOR COMPENSATION DISPUTES
The arbitrator must file an affidavit-supported response within 7 days after receiving the motion.
The arbitrator shall file a response, supported by an affidavit, within 7 days of receipt of the motion, and the dispute will be resolved by the court in a summary fashion without further argument.
Page 31 | 13.123 ARBITRATOR COMPENSATION DISPUTES
Mailed documents are received for filing when the mail room distributes them to the appropriate division of the clerk’s office.
(3) Documents sent by mail to the court are received for filing when distributed from the mail room to the appropriate division of the court clerk’s office.
Page 5 | 1.161 FILING OF DOCUMENTS
Civil motion day is Monday, or Tuesday when Monday is a legal holiday.
Monday is motion day for civil motions. When Monday is a legal holiday, Tuesday will be motion day for civil motions.
Page 11 | 5.005 MOTIONS IN CIVIL CASES
The court immediately considers unopposed motions to amend and considers opposed motions in the normal course.
Unopposed motions to amend shall be immediately considered by the court. Opposed motions to amend shall be considered by the court in the normal course.
Page 11 | 5.005 MOTIONS IN CIVIL CASES
Pretrial motions, including summary-judgment motions, will be considered on the fifth succeeding motion day after filing unless the court orders otherwise.
All pretrial motions, including motions for summary judgment, will be considered on the fifth succeeding motion day after the motion is filed, unless otherwise ordered by the court.
Page 11 | 5.005 MOTIONS IN CIVIL CASES
If the fee remains unpaid or excess deposited funds remain unrefunded 7 days after the court’s determination, the party or arbitrator owed money may request an appropriate supplemental judgment.
If, 7 days after the court’s determination the arbitrator’s fee has not been paid in full, or funds on deposit with the arbitrator in excess of the fee determined to be reasonable have not been refunded to the party(ies), the party/arbitrator to whom the money is owed may file a request with the court for entry of an appropriate judgment by the way of a supplemental judgment in the case.
Page 31 | 13.123 ARBITRATOR COMPENSATION DISPUTES
After notice to file a formal complaint following a defendant’s jury-trial request, the court may enter a dismissal judgment if the complaint is not filed within 21 days after the notice is sent.
(2) A notice by the court to plaintiff to file a formal complaint following the defendant’s request for a jury trial if the formal complaint is not filed 21 days after the notice was sent.
Page 32 | 15.021 DISMISSAL FOR WANT OF PROSECUTION
Ex parte orders and judgments in decedents' estates, guardianships, and conservatorships may be filed at any time without the fiduciary's attorney appearing.
All ex parte orders and judgments in decedents' estates, guardianships and conservatorships may be filed at any time without the necessity of the appearance of attorney for the fiduciary.
Page 26 | 9.003 EX PARTE ORDERS IN DECEDENTS' ESTATES, GUARDIANSHIPS AND CONSERVATORSHIPS
Service and Proof of Service Rules
Notice to the opposing side is required before the criminal attorney-withdrawal application is heard in open court.
after notice to the opposing side
Page 8 | 3.141 RESIGNATION OF ATTORNEYS
After filing a motion to withdraw, the defense attorney must place the matter on the appropriate docket and notify the defendant and District Attorney of the appearance date and time.
(c) Upon filing a motion to withdraw, it shall be the responsibility of the defense attorney to have the matter placed upon the appropriate court docket for the appearance required by this rule and to give notice of the appearance date and time to the defendant and the District Attorney.
Page 8 | 3.141 RESIGNATION OF ATTORNEYS
A party's motion to appoint an attorney for a child must be served on all named parties in accordance with ORCP 9.
A motion to appoint an attorney for a child that is made by a party in a pending proceeding must be served on all named parties in the case in accordance with ORCP 9 and must be filed with a proposed order as outlined in (4) below.
Page 17 | 8.015 ATTORNEYS FOR CHILDREN
The clerk must provide the parent-education notice when the initiating documents are filed, and the initiating party must serve it with those documents and identify it in the return of service.
A copy of a notice regarding the requirement outlined in subsection (2) of this rule and an explanation of the class provided by the Lane County Family Mediation Program shall be given to the initiating party by the trial court clerk accepting the filing at the time the initiating party’s documents are filed. The initiating party shall serve a copy of this notice on the opposing party together with the Summons or other initiating document in the manner provided by ORCP 7, and the return of service on the opposing party shall indicate service of this notice as well as the other documents requiring service.
Page 19
The clerk must provide the mediation notice to the moving party, who must serve it with the initiating documents and identify it in the return of service.
A notice regarding this requirement and explanation of the mediation orientation shall be provided to the moving party by the court clerk accepting the filing. The moving party shall serve a copy of this notice on the opposing party along with the Summons or other initiating documents in the manner provided by ORCP 7. The return of service on the opposing party shall indicate service of this notice as well as the other documents requiring service.
Page 20 | 8.012 MANDATORY MEDIATION
A blank USD must be served on the adverse party with the order to show cause.
When requesting interim financial relief, a blank USD shall be served on the adverse party with the order to show cause for use of the adverse party should such party desire to respond.
Page 23 | 8.041 MOTIONS/ORDERS TO SHOW CAUSE FOR PRE-JUDGMENT INTERIM FINANCIAL RELIEF
A copy of the SLR and true copies of the motion, affidavit, and order to show cause must be served on the adverse party.
A copy of this SLR shall be served on the adverse party along with true copies of the motion, affidavit, and order to show cause.
Page 24 | 8.041 MOTIONS/ORDERS TO SHOW CAUSE FOR PRE-JUDGMENT INTERIM FINANCIAL RELIEF
Orders to show cause must be served at least 21 days before the hearing or appearance, unless the court orders another time or the law provides otherwise.
All orders to show cause shall be served not less than twenty-one (21) days prior to the time set for hearing or appearance unless another time is ordered by the Court or provided by law.
Page 24 | 8.042 PRE-JUDGMENT TEMPORARY CUSTODY, PARENTING TIME, EXCLUSIVE USE OF FAMILY HOME OR PROPERTY
Orders to show cause must be served at least 21 days before the hearing or appearance, unless the court orders another time or the law provides otherwise.
(b) All orders to show cause shall be served not less than twenty-on (21) days prior to the time set for hearing or appearance unless another time is ordered by the court or provided by law.
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(3) The opposing party shall be served immediately and, in any event, not less than 21 days before the hearing date, unless otherwise allowed by the court.
(3) The opposing party shall be served immediately and, in any event, not less than 21 days before the hearing date, unless otherwise allowed by the court.
Page 25 | 8.052 EXPEDITED PARENTING TIME ENFORCEMENT PROCEEDINGS
When a bond has been posted, the surety must be notified of an attorney's resignation or substitution, and proof of notice must be provided to the court.
If a bond has been posted, the surety must be notified of the resignation or substitution of attorney, with appropriate proof provided to the court.
Page 26 | 9.022 NOTICE TO SURETY
Copies of the guardian’s report must be given to the persons specified in ORS 125.060(3).
Copies of the guardian's report must be given to those persons specified in ORS 125.060(3).
Page 27 | 9.092 GUARDIANS
A defendant who will have an attorney at trial in a violation case must timely notify the district attorney in writing and file proof of service with the court.
If a defendant is to be represented by an attorney at trial of a traffic, boating or other violation case, the defendant must timely notify the district attorney in writing and file proof of service of the notification with the court.
Page 32 | 16.002 VIOLATION CASES - ATTORNEYS
When an attorney substitutes for another, a filed and served notice of substitution is sufficient to change the attorney of record.
When one attorney is substituted for another, the filed and served notice of substitution is sufficient to change the attorney of record.
Page 8 | 3.142 ATTORNEY OF RECORD IN PENDING CASES
Filing Fees and Waivers
Any required filing fee must be paid before or at the same time the document is submitted for filing.
(4) If a document requires a fee, the fee must be paid prior to, or simultaneous to submitting the document for filing.
Page 5 | 1.161 FILING OF DOCUMENTS
The petitioner must tender the visitor’s fee upon receiving the appointment order; the visitor will not investigate or interview until payment unless the court waives or defers the fee after reviewing an affidavit of indigence.
The petitioner shall tender the visitor's fee to the visitor upon receipt of a copy of the appointment order. The visitor will not undertake an investigation pursuant to ORS 125.150 or an interview as required by ORS 125.605(4) until the fee has been tendered to the visitor unless the fee has been waived or deferred by the court after receipt and review of an affidavit of indigence.
Page 27 | 9.091 GUARDIANSHIPS
A party may request a waiver or deferral of arbitration fees within 14 days after the case is transferred to arbitration.
A party may request waiver or deferral of arbitration fees within 14 days of the case being transferred to arbitration.
Page 31 | 13.122 REQUEST FOR WAIVER OR DEFERRAL OF ARBITRATOR COMPENSATION
A document requiring a fee may be returned if neither payment nor an order to waive or defer the fee is provided.
(2) A document which requires a fee but the fee payment or an order to waive or defer the fee is not provided.
Page 6 | 2.015 RETURN OF A DOCUMENT TO A FILER
Fees for the court-required class are considered a cost of administration of the protective proceeding.
Fees for the court-required class shall be considered a cost of administration of the protective proceeding.
Page 28 | 9.093 NON-PROFESSIONAL FIDUCIARY EDUCATIONAL PROGRAM
Filing Bundling Requirements
A motion for temporary pre-judgment interim financial relief must be filed separately from other interim requests and include a supporting affidavit and completed USD.
Motions for temporary pre-judgment interim financial relief shall be filed separately from other interim requests and must include an affidavit in support, and a completed Uniform Support Declaration (USD).
Page 23 | 8.041 MOTIONS/ORDERS TO SHOW CAUSE FOR PRE-JUDGMENT INTERIM FINANCIAL RELIEF
Pre-Motion Conference Requirements
A party from another judicial district seeking Commercial Court assignment must confer first, apply for a change of venue, and move for assignment after the venue change is complete.
A party to a case filed in another judicial district who seeks assignment to the Commercial Court shall first confer with the other parties and the Lane County presiding judge or designee to determine whether the case is appropriate for assignment to the Commercial Court. That party shall then apply for change of venue pursuant to ORS 14.110(1)(c). The Lane County presiding judge shall consult with the presiding judge of the originating district prior to a ruling on the motion for change of venue. After the change of venue has been completed, that party shall move to have the case assigned to the Commercial Court pursuant to section (1) of this rule.
Page 18 | 7.031(2) Cases Filed in Other Judicial Districts
The opposing party may file a memorandum of authorities by Monday of the preceding week, and the moving party may file a reply memorandum by Friday of the week before consideration.
(5) The opposing party may, on or before Monday of the week preceding the time for consideration, file a memorandum of authorities. The moving party may file a reply memorandum not later than Friday of the week before the motion or demurrer is to be considered.
Page 10 | 4.051 MOTIONS AND DEMURRERS IN CRIMINAL CASES
Pretrial release and release-modification motions are heard Tuesdays and Fridays at 9:00 a.m.; the filing day determines whether the hearing is set for the following Tuesday or Friday.
(3) Motions for pretrial release or modification of release conditions shall be heard each week on Tuesdays and Fridays at 9:00 a.m. (a) Motions filed on Monday or Tuesday shall be set for hearing the following Friday. Motions filed on Wednesday or Thursday shall be set for hearing the following Tuesday. Motions filed on Friday shall be set for hearing the following Friday.
Page 10 | 4.051 MOTIONS AND DEMURRERS IN CRIMINAL CASES
Covered criminal motions and matters are considered on the third succeeding Tuesday after filing, unless the court orders otherwise; oral argument is at 8:30 a.m. before the judge assigned to hear criminal motions.
(2) All criminal motions, demurrers, other than challenges to an indictment, and matters subject to ORS 135.805 to 135.873 will be considered on the third succeeding Tuesday after the same shall have been filed, unless otherwise ordered by the court. (a) Oral argument shall be at 8:30 a.m. before the judge assigned to hear criminal motions.
Page 10 | 4.051 MOTIONS AND DEMURRERS IN CRIMINAL CASES
When oral argument is requested, it takes place at 9:00 a.m. before the judge assigned to hear civil motions and is remote unless the court orders otherwise.
In cases where oral argument has been requested, argument is at 9:00 a.m. before the judge assigned to hear civil motions and will be conducted remotely unless otherwise ordered by the Court.
Page 11 | 5.005 MOTIONS IN CIVIL CASES
Unless the court orders otherwise, contempt hearings initiated by private attorneys or pro se persons follow SLR 7.008 and are scheduled on the Show Cause #2 docket.
Unless otherwise ordered, hearings on contempt proceedings initiated by private attorneys or persons proceeding pro se shall be held pursuant to SLR 7.008 and scheduled on the Show Cause #2 docket.
Page 23 | 8.019 REMEDIAL CONTEMPT SHOW CAUSE PROCEDURES
Adjournment & Extension Requirements
A motion to postpone or accelerate consideration, including a request for an expedited hearing, must state all other parties’ positions and whether they wish to respond; without that statement, the motion will be denied and the matter considered normally.
(6) A party moving to postpone or accelerate the consideration of criminal motions, including requests for expedited hearing, shall ascertain the position of all other parties regarding the postponement or acceleration and shall include a statement of those positions in its motion. The statement shall also indicate whether the other parties wish to respond to the motion to postpone or accelerate. In the absence of such statement, the motion to postpone or accelerate will be denied and the matter considered in the normal course.
Page 10 | 4.051 MOTIONS AND DEMURRERS IN CRIMINAL CASES
Unless a stipulation is filed pursuant to subsection (1), a party seeking to postpone or accelerate consideration, including an expedited hearing, must ascertain and state all other parties' positions and whether they wish to respond; without that statement, the request will be denied and considered in the normal course.
Except when a stipulation is filed pursuant to (1) above, a party moving to postpone or accelerate the consideration of civil motions including requests for expedited hearing, shall ascertain the position of all other parties regarding the postponement or acceleration, and shall include a statement of those positions in its motion. The statement shall also indicate whether the other parties wish to respond to the motion to postpone or accelerate. In the absence of such statement, the motion to postpone or accelerate will be denied and the matter considered in the normal course.
Page 11 | 5.005 MOTIONS IN CIVIL CASES
The parties may continue consideration to a later motion day by filing a written stipulation by the preceding week's Thursday; a motion may be continued only once, and memorandum filing time may not be extended, unless the court orders otherwise.
Upon written stipulation, filed not later than the Thursday of the week preceding the day for consideration, the consideration may be continued to a later motion day. No motion may be continued more than once, nor additional time to file memoranda allowed, unless ordered by the court.
Page 11 | 5.005 MOTIONS IN CIVIL CASES
A motion to continue responding to a UTCR 7.020 notice to dismiss must state the original filing date, service status and any service date and method, whether prior continuance motions were filed, and the case-specific facts needed to establish good cause.
All motions to continue filed in response to a UTCR 7.020 notice to dismiss shall include the date of the original case filing, whether service has been made and, if so, the date and method of service, and whether any previous motions to continue have been filed. This information is in addition to the facts in each case needed to establish good cause for the continuance.
Page 12 | 5.061 PRESENTATION OF EX PARTE ORDERS
Postponement motions and stipulations must be filed more than one week before trial, although the presiding judge may allow a filing within one week for good cause; requests filed less than 48 hours before the proceeding may not be addressed, and parties must appear if they are not addressed.
All motions for postponement including stipulations must be filed more than one week prior to the trial date. The presiding judge may allow a motion or stipulation for postponement filed within one week of the trial date upon good cause shown. Motions filed less than 48 hours before the proceeding for which rescheduling is requested will be addressed as time allows but may not be addressed. If unaddressed, all parties must appear at the proceeding and the motion may be denied as untimely.
Page 15 | 6.031 MOTION TO POSTPONE
The court may allow additional time to submit judgment for good cause.
Judgment must be submitted within 30 days of settlement on the record, or the case will be placed back on the trial docket and will be dismissed unless the court determines there is good cause to allow additional time.
Page 14 | 6.013 APPEARANCE AT TRIAL – SETTLED CASES
If the judge expects the matter to take more than one hour, the judge may reset it for the regular trial docket, subject to the 45-day statutory timeline.
(2) At the time of the hearing, if the judge determines that the matter is expected to exceed one hour, the judge may order the matter to be reset and heard on the regular trial docket, subject to the 45-day statutory timeline.
Page 25 | 8.052 EXPEDITED PARENTING TIME ENFORCEMENT PROCEEDINGS
Chambers Communication Rules
After electronically filing a motion, affidavit, and proposed order to disqualify a judge, the moving party must immediately notify the presiding judge’s chambers.
(7) Upon electronic filing of a motion, affidavit, and proposed order to disqualify a judge, the moving party must immediately notify the presiding judge’s chambers of the filing.
Page 10 | 4.051 MOTIONS AND DEMURRERS IN CRIMINAL CASES
Immediately after electronically filing a motion, affidavit, and proposed order to disqualify a judge, the moving party must notify the presiding judge’s chambers.
Upon electronic filing of a motion, affidavit, and proposed order to disqualify a judge, the moving party must immediately notify the presiding judge’s chambers of the filing.
Page 11 | 5.005 MOTIONS IN CIVIL CASES
Ex parte orders postponing trials, including stipulations, must be presented only to the presiding judge unless that judge directs otherwise.
Ex parte orders postponing trials (including stipulations) shall be presented only to the presiding judge unless the presiding judge otherwise directs.
Page 12 | 5.061 PRESENTATION OF EX PARTE ORDERS
Unless the parties stipulate otherwise, after removal from arbitration the parties must contact the court within 14 days to select a trial date.
Unless the parties stipulate otherwise, the clerk will then remove the case from arbitration and the parties will be required to contact the court within 14 days to select a trial date.
Page 30 | 13.041 REFERRAL TO ARBITRATION; MOTIONS
If an arbitrator allows an amended pleading that takes the case outside mandatory arbitration, the filing party must notify the arbitration clerk.
In the event a motion to file an amended pleading is allowed by the arbitrator which causes the case no longer to be subject to mandatory arbitration, the party filing such a pleading must so notify the arbitration clerk.
Page 30 | 13.041 REFERRAL TO ARBITRATION; MOTIONS
If the judge agrees to hear the settlement conference, the party must obtain available dates from the judge and then contact the calendar clerk to select a date available on the trial docket.
If so, the party must get a selection of available dates from that judge and then contact the calendar clerk to determine one that is available on the trial docket.
Page 13 | 6.012 SETTLEMENT CONFERENCES
A party seeking assignment of a settlement conference to a particular judge must contact that judge to determine whether the judge is willing to hear it.
Parties who wish to have the settlement conference assigned to a particular judge must contact that judge to determine if the judge is willing to hear the settlement conference.
Page 13 | 6.012 SETTLEMENT CONFERENCES
An oral objection to a petition may be made by appearing in person at the Circuit Court clerk’s office during regular business hours and asking for the probate clerk; the objecting party should advise the clerk of the wish to object orally.
(a) Appearing in person at the Circuit Court clerk’s office during regular business hours (125 th East 8 Ave, Eugene) and asking for the probate clerk. The objecting party should advise the probate clerk that the objecting party wishes to make an oral objection to the petition.
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A party may request a settlement conference by contacting the calendar clerk for an available trial-docket date before trial; early requests are encouraged, and no motion is required.
Any party may request a settlement conference by contacting the calendar clerk to request an available date on the trial docket, in advance of the trial date. Early requests are encouraged. No motion is required.
Page 13 | 6.012 SETTLEMENT CONFERENCES
Upon request, the calendar clerk will schedule a case on the 9:30 a.m. trial-call docket before the scheduled trial date so that settlement can be placed on the record.
Upon request, the calendar clerk will set a case on the 9:30 a.m. trial call docket in advance of the scheduled trial date to place a settlement on the record.
Page 14 | 6.013 APPEARANCE AT TRIAL – SETTLED CASES