Lane County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Stipulation

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.

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.

CRITICAL

Applies to

Motion

A motion in a juvenile case must state each party’s position in its first paragraph, or describe attempts to ascertain a position that is unknown.

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.

CRITICAL

Applies to

Expedited parenting time enforcement proceeding

Expedited parenting time enforcement proceedings must be initiated by motion and an order to show cause requiring personal appearance.

(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.

CRITICAL

Applies to

Remedial contempt proceeding

Remedial contempt proceedings must be initiated by filing a complaint and a proposed order to show cause requiring a personal appearance.

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.

CRITICAL

Applies to

Proposed order

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.

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.

CRITICAL

Applies to

Responding affidavit

A responding affidavit must address the original affidavit and allege the facts the adverse party wishes to put at issue.

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.

CRITICAL

Applies to

Exhibits

A single-PDF e-filing containing multiple exhibits must begin with an index identifying and electronically linking to each exhibit.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

Criminal motions, except those listed in ORS 135.037(2)(a)–(d), must include a proposed order and state the opposing party’s position.

(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.

CRITICAL

Applies to

Temporary prejudgment interim financial relief motion

A motion for temporary pre-judgment interim financial relief must include a supporting affidavit and completed Uniform Support Declaration.

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).

CRITICAL

Applies to

Certificate of completion

Each party who completes the parent-education program must file a certificate of completion 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.

CRITICAL

Applies to

Motion

The first sentence of every motion must state whether the case is set for trial and, if it is, the trial date.

The first sentence of every motion shall state whether the case is set for trial and if so, shall state the date.

CRITICAL

Applies to

Written schedule of unavailable days

Each police agency must file written schedules of unavailable days with the calendar clerk 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.

CRITICAL

Applies to

Affidavit of indigence

An affidavit of indigence must be received and reviewed by the court before it can waive or defer the visitor’s fee.

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.

CRITICAL

Applies to

Proposed order to show cause

The proposed order to show cause must specify the opposing party's appearance time and date on the Show Cause #2 docket pursuant to SLR 7.008.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

A party's motion to appoint an attorney for a child must be filed with a proposed order.

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.

CRITICAL

Applies to

Order to show cause

An order to show cause must plainly and specifically state the hearing date and time.

The order to show cause shall contain a notice plainly and specifically stating the hearing date and time.

CRITICAL

Applies to

Mediated agreement

A mediated agreement for which a party may seek court enforcement must be presented to the court.

Mediated agreements for which court enforcement may be sought must be presented to the court.

CRITICAL

Applies to

Postponement motion or stipulation

Must include

proposed order

A postponement motion or stipulation must include a proposed order stating a new trial date agreeable to all parties and pre-approved by the court calendar clerk’s office.

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.

CRITICAL

Applies to

Order to show cause

The order to show cause must require the adverse party to appear personally and file a responding affidavit 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.

CRITICAL

Applies to

Order to show cause

An order to show cause on a post-judgment modification motion must require a written response and, if support is contested, a responding uniform support declaration within the time prescribed by ORS 107.135(14).

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).

CRITICAL

Applies to

Certificate of completion

The mediation program must present a certificate of completion to the court when each party has completed orientation.

The mediation program shall present a certificate of completion to the court when each party has completed mediation orientation.

CRITICAL

Applies to

Motion to change mode

Must include

proposed order

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.

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.

CRITICAL

Applies to

Order to show cause

The order to show cause must require an adverse party who wishes to appear, be heard, or contest an issue to file a USD and responding affidavit 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.

CRITICAL

Applies to

Settlement agreement or proposed order or judgment

At the scheduled trial date and 9:30 a.m. Trial Call, written settlement agreements and proposed orders or judgments that have not already been filed must be presented to the court.

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.

CRITICAL

Applies to

Motion to amend pleadings

A party moving to amend pleadings must ascertain the other parties' positions and state in the motion heading if the motion is unopposed.

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.

CRITICAL

Applies to

Motion

The motion must include the child's contact information, the parties' positions, the next hearing date, and the specified payment and attorney-selection information.

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.

CRITICAL

Applies to

Motion to withdraw

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.

(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.

CRITICAL

Applies to

Complaint

A remedial contempt complaint must state the facts constituting the alleged contempt and comply with UTCR Chapter 19.

The complaint shall set out the facts constituting the alleged contempt and comply with UTCR Chapter 19.

CRITICAL

Applies to

Motion to postpone

Every motion to postpone must state whether a party is in custody.

In addition to the requirements of UTCR 6.030(2), all motions to postpone must also state whether a party is in custody.

CRITICAL

Applies to

Responding affidavit

A responding affidavit must address the original USD and affidavit and allege the facts the adverse party wishes to put at issue.

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.

CRITICAL

Applies to

Proposed order to show cause

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.

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.

CRITICAL

Applies to

Annual statement

When assets remain in restricted accounts and annual accountings are waived, the Conservator must file an annual statement with the most recent bank statement and the restricted-account balance.

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.

CRITICAL

Applies to

Motion

Unless a statute provides otherwise, motions and affidavits seeking ex parte relief or default judgment must state the service method and when service was made and perfected; the motion’s first line must also state that information.

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.

CRITICAL

Applies to

Settlement conference document

A confidential settlement memo or other document must be submitted to the court before the settlement conference.

A confidential settlement memo or other document must be submitted to the court prior to the settlement conference.

CRITICAL

Applies to

Postjudgment status quo motion

A motion for a post-judgment status quo order must include a supporting affidavit or declaration and a proposed order to show cause requiring the other party's personal appearance.

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.

CRITICAL

Applies to

Exhibits

Each eFiled exhibit submission must include an exhibit log.

eFiled exhibits must be accompanied by an exhibit log.

CRITICAL

Applies to

Notice of change of name or address

A guardian must promptly notify the court in writing of any change of name or address.

A guardian shall promptly notify the court in writing of any change of name or address.

CRITICAL

Applies to

Motion

After a case is transferred to arbitration, the original of each motion must be filed with the arbitrator.

After a case has been transferred to arbitration, the original of any motion must be filed with the arbitrator.

CRITICAL

Applies to

Motion to withdraw

A lawyer withdrawing from representation of a corporation or similarly situated party must submit an affidavit stating that the client was notified it must appear through an attorney and cannot proceed self-represented or file documents.

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.

CRITICAL

Applies to

Financial affidavit

In cases involving temporary child support, each party's financial affidavit must include applicable child support computation worksheets.

In any case involving temporary child support, the financial affidavits filed by the parties shall include applicable child support computation worksheets.

CRITICAL

Applies to

Notice of intent to appear without attorney

A personal representative or conservator intending to appear without an attorney must notify the court and provide proof of competence.

(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.

CRITICAL

Applies to

Response

An adverse party who responds must include a completed USD with the response.

If the adverse party chooses to respond, they shall include a completed USD with any response.

CRITICAL

Applies to

Account

Must include

proposed order

If no objections are timely filed and approval of the account is desired, a proposed order must be filed with the court clerk.

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.

CRITICAL

Applies to

Written schedule of unavailable days

An attorney handling juvenile cases must file written schedules of unavailable days with the appropriate clerk at least 90 days before any court day the attorney cannot attend 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.

CRITICAL

Applies to

Attorney withdrawal application

In criminal cases, an attorney-withdrawal application must be made in open court after notice to the opposing side and with the defendant present, unless the defendant's whereabouts are unknown.

(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.

CRITICAL

Applies to

Order to show cause

The order to show cause must advise that the moving party will apply for a default order if the written appearance is not timely filed.

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.

CRITICAL

Applies to

Motion

Criminal motions are limited to the substance and remedy requested, and parties must amend their pleadings before the hearing to raise other issues or remedies.

(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.

CRITICAL

Applies to

Notice of readiness for decision

When the matter is ready for decision, the moving party must notify the court by filing a notice of readiness for decision.

When the matter is ready for decision, the moving party shall so notify the court by filing a notice of readiness for decision.

CRITICAL

Applies to

Motion

A motion disputing an arbitrator’s fee must be supported by an affidavit and a memorandum supporting the party’s position.

The motion shall be supported by an affidavit and a memorandum supporting the party’s position.

CRITICAL

Applies to

Protective order initiating matter

Protective order initiating matters must be presented to the judge assigned by the presiding judge for that day.

(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: