Lane County Circuit Court Service and Proof of Service Rules

CRITICAL

Applies to

Motion

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.

CRITICAL

Notice to the opposing side is required before the criminal attorney-withdrawal application is heard in open court.

after notice to the opposing side

CRITICAL

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.

CRITICAL

Applies to

Notice

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Notice

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.

CRITICAL

(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.

WARNING

Applies to

Notice of substitution

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.