Lane County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Response

The arbitrator’s response must be supported by an affidavit.

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.

CRITICAL

Applies to

Prejudgment temporary custody parenting time or exclusive use motion

These motions must include a supporting affidavit or declaration and a proposed order to show cause requiring the other party's personal appearance.

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.

CRITICAL

Applies to

Certificate of completion

Upon completing the class, a non-professional fiduciary must file a certificate with the probate department stating the class date and provider.

(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.

CRITICAL

Applies to

Waiver request motion

For good cause, a non-professional fiduciary may seek a waiver by motion supported by affidavit.

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.

CRITICAL

Applies to

Proposed order approving final account

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.

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.

CRITICAL

Applies to

Decedent estate account

All accounts in decedent estates must be filed with the court clerk.

All accounts in decedent estates shall be filed with the court clerk.

CRITICAL

Applies to

Motion

Must include

proposed order

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.

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.

WARNING

Applies to

Notice of representation

A litigant cannot designate an attorney of record based only on an assertion of representation when no Notice of Representation has been filed.

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.

WARNING

Applies to

Waiver

Testimony by affidavit or declaration under penalty of perjury may be allowed after the defendant files a signed waiver containing the stated language.

(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.”

INFO

Applies to

Waiver

A defendant may waive an oral hearing by adding a provision to that effect to a waiver signed by the defendant.

(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.”