Multnomah County Circuit Court

Petitions for writ of review must be presented at ex parte for judicial signature and assignment of a case number.

Petitions for writ of review must be presented at ex parte for judicial signature and assignment of a case number.

Page 14 | A. Civil Case Filings - 2.b. Writ of review

Members of the Oregon State Bar must e-file all documents filed with the court, except materials that by rule must be presented in court.

Members of the Oregon State Bar must electronically file any documents filing with the court, except for materials that, by rule, must be presented in court. UTCR 21.140.

Page 14 | A. Civil Case Filings - 1. eFiling Required for Oregon Attorneys, Permitted for Non-Attorneys

Civil cases requiring a guardian ad litem, and pseudonym-filing requests under SLR 2.035, must be presented at ex parte with the complaint, petition, supporting documents, and order to obtain a case number.

To file a civil case that requires the appointment of a guardian ad litem, please bring the complaint, petition to appoint a guardian ad litem, supporting documents, and order appointing the guardian ad litem to ex parte to obtain a case number. This process must also be used if you request to file a case using a pseudonym under SLR 2.035.

Page 14 | A. Civil Case Filings - 2.a. Guardian ad litem; pseudonym

Certain documents designated in UTCR 21.070 must be filed conventionally by presenting the paper complaint or other documents to the presiding judge at the scheduled ex parte time.

“Conventional Filing” is defined in UTCR 21.010 (1) and means presenting a paper document to the clerk for filing. Certain documents must be presented conventionally. These are designated in UTCR 21.070. This requires presentation of the complaint or other documents to the presiding judge at the scheduled time for ex parte.

Page 14 | A. Civil Case Filings - 2. Conventional Filing Required

The court does not accept filings submitted by fax or email.

The court does not accept filing by fax or email.

Page 15 | 4. No Filing by Fax or Email

Fee waiver and deferral applications must be prepared and filed as conventional paper filings, even by parties who otherwise use eFiling.

Applying for a fee waiver or deferral is a conventional, paper process, even if the party is using eFiling. Chief Justice Order 14-036 requires that all applications for a fee waiver or a fee deferral must be prepared and filed as a conventional filing. See also, Chief Justice Order 12-078 and ORS 21.682.

Page 17 | C. Fee Deferrals Or Waivers

Appeal and supersedeas undertakings must be filed with the cashier and cannot be paid through File & Serve.

An undertaking on appeal for costs or a supersedeas undertaking must be filed with the cashier. There is no way to pay for these appeal bonds using File & Serve.

Page 17

The first motion for continuance must be eFiled; subsequent continuance requests must be presented at ex parte instead.

The first motion for continuance must be eFiled, and subsequent requests must be presented at ex parte. SLR 2.501.

Page 20 | A. Pretrial Case Management - 1. Uniform Trial Court Rule 7.020 (63-Day Notice)

Under SLR 7.206(2), represented petitioners' filings must be submitted and signed only by counsel, except the petition or amended petition with exhibits and a Church v. Gladden notice filed by the petitioner.

All matters delivered to the court for filing shall be submitted only by counsel and signed exclusively by counsel, except for the petition or amended petition and any exhibits. The only exception to this requirement is for a Church v. Gladden, 224 Or 308, 417 P 2d 933 (1966), notice filed by the petitioner.

Page 23 | c. Petitions for Post-Conviction Relief

Motions presented at scheduling conferences must not be e-Filed.

Motions that are presented at scheduling conferences should not be e-Filed.

Page 27 | 4. Motions Heard by Presiding Judge at Scheduling Conferences

Ex parte motions may be eFiled or presented in person; SLR 2.501 lists motions that must be presented in person with paper originals.

In Multnomah County ex parte motions may be eFiled or presented in person, depending on the current Supplementary Local Rules (SLR). SLR 2.501 lists which ex parte motions must be presented in person with paper originals during the ex parte court sessions.

Page 28 | 5. Ex Parte Motions

Straightforward motions for alternative service should be e-filed; if the e-filed motion has questions or deficiencies, the order will be unsigned and the party will be instructed to present the motion at ex parte.

Straight forward motions for alternative service should be eFiled. If there are questions or deficiencies in the eFiled motion, the order will be unsigned and the party will be instructed to present the motion at ex parte.

Page 31 | Motions typically eFiled but presented at ex parte

In foreclosure proceedings not assigned to a foreclosure panel judge, the default order and judgment are still e-filed, but the original note must be presented at ex parte so the court can sign and stamp it.

For foreclosure proceedings not assigned to a foreclosure panel judge, the original note must be presented at ex parte. Reason: the original note must be signed and stamped by the court. The default order and judgment are still e-filed...

Page 31 | Motions typically eFiled but presented at ex parte

For civil trials estimated to require more than four trial days, the plaintiff's pre-assignment request letter must not be eFiled and instead must be mailed, hand delivered, or emailed as an attachment to the presiding judge.

For actions which are not yet specially assigned to a judge prior, and for which the trial is estimated by the parties to require more than four trial days (more than one trial week), the plaintiff should mail, hand deliver, or email as an attachment a letter to the presiding judge requesting that a trial judge be pre-assigned. SLR 7.055(14). Do not eFile this letter, because the presiding judge will not receive any notice of the eFiled letter and will not specially assign a judge to the trial.

Page 44 | I. Long Trials And Pre-Assignment To A Trial Judge

Supplemental judgments for fees/costs should be e-filed absent an objection; with an objection, the hearing is set before the judge who signed the judgment.

The supplemental judgment should be eFiled if there is no objection. If there is an objection, then the moving party should set the hearing before the judge who signed the judgment.

Page 46 | Judgments

Motions to disburse money deposited with the court must be presented at ex parte (SLR 2.501) rather than filed through regular channels.

Motions to disburse money deposited with the court must be presented at ex parte. SLR 2.501.

Page 52 | Disbursement Of Funds Paid Into Court

The Joint Status Report must be e-filed (by 9:00 am the day prior) with notice to the high-volume case processing unit by 10:30 am the day prior to cancel the Pretrial Conference, but parties may not cancel if discovery is outstanding or no plea offer has been transmitted.

If parties have conferred prior to the Pretrial Conference, e-filed a Joint Status Report by 9:00 am the day prior and called the high-volume case processing unit (971-274-0545) or emailed them at MUL.Criminal@ojd.state.or.us by 10:30 am the day prior, the Pretrial Conference will be cancelled. If there is any outstanding discovery, or if a pretrial offer has not been transmitted, the parties must appear for the Pretrial Conference to report to the court and may not cancel.

Page 8 | VI. PRETRIAL CONFERENCE DOCKET

Petitions for judicial review of agency orders should be eFiled and then served on the agency.

These petitions should be eFiled and then served on the agency.

Page 24 | e. Petitions for Judicial Review of Agency Orders – ORS 183.484

If the client objects to the attorney's withdrawal, best practice is to present the motion at ex parte rather than e-filing so the client may state their objection.

If the client objects to the attorney's withdrawal, it is best practice to present the motion at ex parte instead of eFiling so that the client may state their objection.

Page 31 | Motions typically eFiled but presented at ex parte

Non-attorneys (self-represented parties) may, but are not required to, electronically file court documents.

Non-attorneys may also electronically file documents.

Page 14 | A. Civil Case Filings - 1. eFiling Required for Oregon Attorneys, Permitted for Non-Attorneys

Self-represented litigants may file civil, family law, probate and trust administration, small claims, and FED cases at the cashier's window on the second floor of the Multnomah County Courthouse.

Self-represented litigants may file civil, family law, probate and trust administration cases, small claims, and FED cases at the cashier's window on the second floor of the Multnomah County Courthouse.

Page 15 | 3. Filing Information for Self-Represented Litigants (non-attorneys)

Conventionally filed documents must be delivered by 5:00 PM on a business day or they are deemed filed the next business day.

Business hours for the cashier's window are from 8:00AM to 5:00PM Monday through Friday, excluding holidays. The cashiers close their windows promptly at 5:00PM. No filings will be accepted after 5:00PM. SLR 1.151 and 1.161. No conventionally filed documents will be accepted for filing on a date when the document is delivered to the clerk's office after 5:00PM on the date of submission. SLR 1.151 and SLR 1.161. Such documents will be filed, as provided by ORCP 9E, on the next business day of the court.

Page 15 | 3. Filing Information for Self-Represented Litigants (non-attorneys)

The clerk may reject a document or the entire eFiling envelope if the fee is missing or incorrect, the ORS 21.105 information is missing from the caption, or the wrong party responsible for fees is entered.

If there is no fee paid by the filer where one is required, or the fee is incorrect as to type or amount, the information required by ORS 21.105 is not in the caption, or an incorrect "party responsible for the filing fee" entered, the document and possibly the entire eFiling envelope may be rejected by the clerk under the adopted Standards for Acceptance. The eFiler should exercise care in entering this financial information and should ensure the caption of the document complies with ORS 21.105.

Page 16 | 2. Filing Fee Process for eFiled Documents

A motion for trial fee reimbursement must be filed within 15 days after entry of judgment disposing of the action.

The motion must be filed not more than fifteen (15) days after entry of judgment disposing of the action or proceeding.

Page 18 | 4. Trial Fee Only Reimbursed by Court Order

Filing a third-party complaint does not extend or satisfy the deadline to file a timely motion or answer to the complaint under ORCP 15A and ORCP 21A.

Parties with a duty to respond to a summons within the time provided by law must do so or anticipate consequences for not responding. Filing a third-party complaint, even with service of summons and an appearance by the third-party defendant, does not satisfy the ORCP 15A and ORCP 21A requirements to file a timely motion or answer to the complaint.

Page 19 | 2. Third Party Claims - ORCP 22 C - b. Caption and Fees (CAUTION)

If no defendant has appeared by the 91st day after the complaint was filed, the court sends a 28-day notice of dismissal; to prevent dismissal the plaintiff must move for default and judgment, move for a continuance for good cause, or the defendant must appear — and a default order alone does not satisfy UTCR 7.020 if judgment has not been entered.

If by the 91st day after the complaint was filed a defendant has not appeared, the court will send an ORCP 54B(3) 28-day notice of dismissal and will dismiss the case if no further action is taken. In order to prevent the dismissal of the party or case, one of the following things must happen: 1) the plaintiff moves for an order of default and a judgment against the non-appearing party; 2) the plaintiff moves for a continuance for good cause; or 3) the defendant appears. WARNING: A default order does not satisfy UTCR 7.020. If a default order is signed, but a judgment has not been entered, the case can still be dismissed by the court for lack of prosecution.

Page 20 | A. Pretrial Case Management - 1. Uniform Trial Court Rule 7.020 (91-Day Notice)

Trial briefs and exhibits must be submitted to the court by the deadline set in the scheduling order.

All trial briefs and exhibits must be submitted to the court by the deadline set in the scheduling order.

Page 23 | c. Petitions for Post-Conviction Relief

The motion and order to re-assign a summary judgment hearing to a sitting judge must be presented at ex parte within 5 calendar days of the initial pro tempore assignment.

The motion and order must be presented at ex parte within 5 calendar days of the initial assignment to a judge pro tempore. SLR 5.016.

Page 26 | 2. Motions for Summary Judgment - a. Re-assigning to a sitting judge

Ex parte sessions for civil and criminal cases occur at 10:30AM and 1:30PM in Courtroom 7A.

Ex parte for civil and criminal cases occurs at 10:30AM (or after the call docket has concluded) and 1:30PM in Courtroom 7A.

Page 28 | 5. Ex Parte Motions

Family law ex parte is held Monday-Friday at 1:30pm.

Family law ex-parte is held Monday-Friday 1:30pm.

Page 28 | 5. Ex Parte Motions

The civil department handles relation back dates of three days or less; for a relation back date beyond three days, the party must explain to the judge the reason for the delay in filing.

Motion for Relation Back Date beyond Three Days Reason: The Civil department handles a relation back date for three days or less. Beyond this time frame, the party will need to explain to the judge the reason for the delay with their filing.

Page 32 | Motions typically eFiled but presented at ex parte

A TRO expires in 10 calendar days unless extended or reduced by court order, and a show cause hearing for a preliminary injunction must be scheduled before those 10 days expire.

The TRO, if allowed, will expire in 10 calendar days absent a court order extending or reducing the time period. ORCP 79 B(2). A show cause hearing for preliminary injunction must be scheduled before those 10 days expire.

Page 39

Parties must participate in appropriate dispute resolution and file a certificate of that participation within 365 days of the filing of the first complaint or petition if the case is not concluded by then.

SLR 7.016 requires that parties have participated in some form of appropriate dispute resolution (ADR) and that a certificate of such participation be filed within 365 days of the filing of the first complaint or petition in the action if the case is not concluded before that time.

Page 40 | L. Certificate of Participation In Dispute Resolution

The request for pre-assignment of a trial judge must be submitted at least six weeks before the call date.

The court needs this request at least six weeks in advance of the call date to ensure a judge will be available to try the action. SLR 7.055(14).

Page 44 | I. Long Trials And Pre-Assignment To A Trial Judge

Only one execution per county per debtor at a time; a subsequent writ requires the sheriff's return filed or 60 days elapsed.

Although executions may be issued simultaneously to different counties, only one execution at a time will be issued in any one county on any one debtor. Before a subsequent writ will be issued in a county, the sheriff's return on the first execution must be filed, or 60 days must have passed.

Page 49 | Writs Of Execution

All court dates for in-custody defendants must take into consideration 60-day speedy trial issues under ORS 136.290 and 136.295.

60-Day Speedy Trial Right: All court dates for in-custody defendants must take into consideration 60-day issues under ORS 136.290 and 136.295.

Page 3 | I. INTRODUCTION/COMPLIANCE WITH OTHER PROVISIONS

Remote appearance paperwork for DUII Diversion Entry must be correctly completed and filed with the court by noon the day before the hearing, in addition to obtaining the presiding judge's approval.

Defendant must appear in person for DUII Diversion Entry unless remote appearance is approved by the judge presiding over the docket and all necessary paperwork is correctly completed and filed with the court by noon the day prior to the hearing.

Page 4 | II. ARRAIGNMENTS/FIRST APPEARANCES AT JUSTICE CENTER - 3.b) DUII Diversion and Expedited DUII (XDUII) dockets

Plea documents for remote plea hearings must be filed by 12PM (noon) the day before the hearing.

In any circumstance where the defendant is permitted to appear remotely for a plea hearing, the plea documents must have been reviewed with counsel and signed by the defendant and filed with the court by 12PM (noon) the day prior to the hearing.

Page 6 | III. CRIMINAL PROCEDURE COURT (CPC) DOCKETS - 7. Remote Plea Docket

Plea-by-mail documents and the certificate of counsel must be filed by 12PM (noon) the day prior to the hearing.

A plea by mail must be accompanied by a certificate of counsel that the plea documents were reviewed by counsel with the defendant, signed or authorized for signature by the defendant, which must be filed along with the plea documents by 12PM (noon) the day prior to the hearing.

Page 6 | III. CRIMINAL PROCEDURE COURT (CPC) DOCKETS - 8. Plea By Mail

The Joint Status Report must be e-filed by 9:00 am the day before the Pretrial Conference for the conference to be cancelled.

e-filed a Joint Status Report by 9:00 am the day prior

Page 8 | VI. PRETRIAL CONFERENCE DOCKET

Motions to change judge must be announced at Call and filed per ORS 14.260-14.270 and SLR 7.045.

Motions to Change Judge pursuant to ORS 14.250 must be announced at Call and filed according to the procedures set out in those statutes ORS 14.260-14.270 and SLR 7.045.

Page 11 | VIII. CALL/TRIAL ASSIGNMENT DATES

Plaintiff must file proof of service or acceptance of service within 63 days after filing the complaint, or the court will send a 28-day notice of intent to dismiss and may dismiss the case.

The plaintiff has 63 days after filing the complaint to file the proof of service or acceptance of service. If not, the court will send the plaintiff an ORCP 54B(3) 28-day notice of intent to dismiss and will dismiss the case if no further action is taken.

Page 20 | A. Pretrial Case Management - 1. Uniform Trial Court Rule 7.020 (63-Day Notice)

The petitioner must send copies of every document filed with the court to the defense attorney.

Petitioner must also send copies of all documents filed with the court to the defense attorney.

Page 23 | c. Petitions for Post-Conviction Relief

The moving party must coordinate hearing dates with the responding party and is responsible for sending notice of the chosen hearing date and time.

The moving party must coordinate with the responding party in selecting hearing dates. The moving party is also responsible for sending notice of the chosen date and time of the hearing.

Page 25 | b. Contested Motions

Ex parte relief in criminal and civil matters requires at least one judicial day's notice to the opposing party or their attorney.

When a party is seeking ex parte relief, that party must provide at least one judicial days’ notice to the opposing party or their attorney. SLR 5.025(3). This applies in criminal and civil matters.

Page 29 | Notice Requirements

Family law ex parte relief requires two working days' notice to the opposing party including date, time, and court.

Family law ex parte requires that the party seeking relief must provide two working days’ notice to the opposing party of the date, time, and court where the relief will be sought. SLR 8.041(3).

Page 29 | Notice Requirements

A withdrawing attorney must give the opposing side advance notice and must also give their client advance notice of the ex parte appearance.

In addition to giving the opposing side advance notice, the withdrawing attorney must give their client advance notice of their ex parte appearance.

Page 31 | Motions typically eFiled but presented at ex parte

Judgment debtor/garnishee show cause hearings in civil matters (excluding small claims) are scheduled through ex parte (usually Thursday call for Friday hearing) and require at least seven days’ notice of the hearing date and time unless a statute sets a longer period.

Show cause hearings for judgment debtors or garnishees in circuit court civil matters other than small claims are also scheduled through an ex parte appearance. These are also usually scheduled on call Thursday for hearing Friday. At least seven days’ notice of the hearing date and time is required, unless a longer period is set by statute.

Page 39 | J. Show Cause Hearings

An Order to Show Cause for a preliminary injunction must allow five days’ notice of the hearing, unless the court shortens that period.

The Order to Show Cause for a preliminary injunction must allow five days’ notice of the hearing, unless shortened by the court. ORCP 79 C(1).

Page 39 | J. Show Cause Hearings

Garnishment writs may be served by the sheriff or a qualifying Oregon resident over 18 (ORS 18.625).

The writ may be served by the sheriff or by a resident of this state over the age of 18 who complies with ORS 18.625.

Page 50 | Writs Of Garnishment

After the court signs the order, the creditor must serve it on the debtor and the movant must file a proof of service (SLR 5.161).

The creditor will then download the signed order and serve it. The movant must file a proof of service. SLR 5.161.

Page 51 | Judgment Debtor Examinations

Creditors setting small claims judgment debtor exams in the Multnomah County Central Courthouse must give the debtor at least seven days' notice.

Small claim judgment debtor exams for small claims adjudicated in the Multnomah County Central Courthouse will be set at the discretion of the creditor, but must provide at least seven days notice to the debtor.

Page 51 | Judgment Debtor Examinations

The judgment creditor must select a hearing date far enough in the future to ensure the debtor receives sufficient notice.

The judgment creditor must select a hearing date far enough in the future to ensure that sufficient notice is given to the debtor.

Page 51 | Judgment Debtor Examinations

The DA's Office will endeavor to provide defense counsel all available discovery and a pretrial offer within 3 judicial days of arraignment, but only for defendants with no other open/pending cases.

The District Attorney’s Office will endeavor to provide to defense counsel all available discovery and a pretrial offer (but only for all defendants with no other open/pending cases) within 3 judicial days of arraignment.

Page 3 | II. ARRAIGNMENTS/FIRST APPEARANCES AT JUSTICE CENTER

Responses to pretrial motions must be served on the judge immediately following trial assignment.

Any response must be served on the judge immediately following an assignment.

Page 11 | X. PRETRIAL MOTIONS

Copies of motions to change judge must be served on the assigned judge, CPC judge, and Presiding court.

Copies must be served on the assigned judge, CPC judge, and Presiding court.

Page 11 | VIII. CALL/TRIAL ASSIGNMENT DATES

After eFiling, petitions for judicial review of agency orders must be served on the agency.

These petitions should be eFiled and then served on the agency.

Page 24 | e. Petitions for Judicial Review of Agency Orders – ORS 183.484

All court notices go to the firm's attorney of record (who signed the initial pleading or first appearance); changing attorney of record within a firm requires written notice to the clerk's office but is not a substitution of counsel and requires no court appearance.

For attorneys within a firm, the attorney of record will be the attorney who signed the initial pleading to start the action or the first appearance. All court notices will be sent to that "attorney of record," even though other attorneys in the firm may sign later filed documents. If there is a reason to have another attorney in the firm designated as the "attorney of record," written notice to the clerk's office of the assignment is required. Changes made within a firm are not substitutions of counsel, and a court appearance is not required. The clerk's office does, however, need written notice that Attorney 1 is to be replaced by Attorney 2 for all future appearances and Attorney 2 should be entered as the attorney of record for the firm.

Page 42 | IV. Trial Calendaring Procedures - B. Notices For Call Proceeding For Assignment Of Trial

OECI sends all electronic court communications to only one designated lead attorney, so attorneys wanting notices sent to multiple attorneys must use office mail forwarding.

OECI can only designate one lead attorney per case. This means all electronic communication will be sent to that one attorney. Attorneys must utilize mail forwarding options in their office if they want notices to be sent to more than one attorney.

Page 42 | N. Withdrawal Of Attorney; Notice Of Substitution

Reporting ready for trial in good faith requires that witnesses have been personally served, served through the court coordinator, or have had their appearance at trial confirmed.

Parties reporting ready for trial must represent in good faith whether they are truly ready to proceed to trial. Regarding witness availability, reporting ready in good faith means that witnesses have been personally served, or served through the court coordinator, or their appearance at trial has been confirmed.

Page 10 | VIII. CALL/TRIAL ASSIGNMENT DATES

The post-conviction clerk serves the petition on defendants' attorneys, and a copy is provided to court-appointed counsel if an appointment is made.

The post-conviction clerk will serve the petition on the attorney for defendant(s) in the case. If petitioner qualifies for a court-appointed attorney, an appointment shall be made and a copy of the petition provided to that counsel.

Page 23 | c. Petitions for Post-Conviction Relief

A document may be returned or rejected and not filed if it is not accompanied by the fee or an order waiving or deferring the fees.

A document may be returned (or rejected in file and serve) and not filed if the fee or an order waiving or deferring the fees does not accompany the document. SLR 2.015(1)(b).

Page 16 | 1. Satisfying Filing Fee Requirement

Trial and hearing fees must be paid before the trial or hearing begins; bench trial fees are currently $139 per day or partial day (jury trial fee amount is cut off in the source text).

Trial fees and hearing fees must be paid prior to the beginning of the trial or hearing. SLR 6.025. Currently, trial fees are $139 a day or partial day for a bench trial; $167 a day or partial day for a

Page 16 | 3. Fees After Initial Filings

Filing fees for most initial filings must be paid before a case number is assigned, but parties who cannot afford them should apply for a fee deferral/waiver.

Most initial filings in cases require payment of a filing fee. These fees must be paid before a case number is assigned. If a party cannot pay due to financial limitations, the party should apply for a fee deferral/waiver. See Section C, below.

Page 16 | 1. Satisfying Filing Fee Requirement

Parties unable to pay case fees may apply for a deferral or waiver, and after final disposition they must appear at ex parte for a final waiver or the outstanding fees may be entered as a judgment against them.

If a party to a case is unable to pay the case fees, that party may apply for a fee deferral or waiver. The application forms are available in on the second floor of the Multnomah County Courthouse. If this application is granted, throughout the duration of the case, any applicable fees will be deferred. After a final disposition in the case, the party must appear at ex parte for a final waiver of fees. Failure to do so may result in any outstanding fees being entered as a judgment against the non-paying party.

Page 17 | C. Fee Deferrals Or Waivers

Most ex parte motions carry no specific fee, but an uncontested motion for relief from judgment under ORCP 71 requires a $111 fee.

Currently, there is no specific fee for most ex parte motions. However, certain motions heard during ex parte are subject to a fee, such as an uncontested motion for relief from judgment under ORCP 71, which is subject to a $111 fee under ORS 21.200(1)(d).

Page 17

Deferred fees become due 30 days after judgment or final disposition unless otherwise ordered, and a party whose finances have not changed may apply to the presiding judge to convert the deferral into a waiver.

Unless otherwise ordered by the court, deferred fees become due thirty (30) days after judgment or final disposition of the case, including dismissal. If the financial situation of the party granted a deferral has not changed, the party may apply to the presiding judge for that deferral to be converted into a waiver.

Page 17 | C. Fee Deferrals Or Waivers

A third-party defendant filing a first appearance in a circuit court civil action must pay the filing fee (ORS 21.165).

When a third-party defendant files an appearance in a civil action or proceeding in circuit court, and defendant has not already appeared in the action or proceeding, the defendant must pay the filing fee. This fee requirement is in ORS 21.165.

Page 19 | 2. Third Party Claims - ORCP 22 C - b. Caption and Fees

A third-party plaintiff who files a complaint adding a new individual or entity to the case must pay a filing fee.

A filing fee is required from a third-party plaintiff who files a complaint which adds an additional individual or entity into the case.

Page 19 | 2. Third Party Claims - ORCP 22 C - b. Caption and Fees

Hearing fees must be paid at the time the motion is filed (ORS 21.200).

Hearing fees must be paid at the time the motion is filed. ORS 21.200.

Page 34 | 6. Set Motion with Motions Judge

A writ of execution requires filing the writ with the appropriate issuance fee.

To obtain the writ, a judgment creditor must file a writ of execution along with the appropriate issuance fee.

Page 49 | Writs Of Execution

Checks paying funds into court must be payable to the State of Oregon with the applicable case number written on the check.

If payment is made by check, the check must be payable to the State of Oregon and the case number to which the funds apply must be written on the check.

Page 52 | Disbursement Of Funds Paid Into Court

When filing multiple separate cases conventionally, a separate check or credit card transaction is required for each case.

If multiple separate cases are filed using conventional filing, a separate check or credit card transaction is required for each case.

Page 16 | 1. Satisfying Filing Fee Requirement

Filing fees are never refundable under ORS 21.100.

Filing fees are not refundable under any circumstances. ORS 21.100.

Page 16 | 1. Satisfying Filing Fee Requirement

Fees for judicial settlement conferences range from $111 to $223.

Fees for judicial settlement conferences range from $111 to $223. ORS 21.215(1) and (3).

Page 17

Completed fee waiver or deferral applications in civil cases must be presented to the clerk on the second floor of the Multnomah County Courthouse.

The completed application for a fee waiver or deferral in a circuit court civil case should be presented by the requesting party to the clerk on the second floor of the Multnomah County Courthouse.

Page 17 | C. Fee Deferrals Or Waivers

Parties with a granted fee deferral/waiver using File & Serve must select the 'Waiver' payment account, which the clerk verifies against the case, and the waiver is case-specific requiring reapplication for each new case.

If a fee deferral/waiver is granted, and the party is using File & Serve, then a payment account type of "Waiver" is available in File & Serve to select when the party is given the option to pay for a filing. The File & Serve clerk will verify the existence of a Fee Deferral/Waiver in the case when reviewing submissions with a selection of "Waiver" as the fee option. A Fee Deferral/Waiver is case specific, and the party seeking deferral must reapply for each new case.

Page 17 | C. Fee Deferrals Or Waivers

Unpaid deferred fees trigger a demand letter requiring payment within 10 days about 45 days after the fees are due, after which the account is sent to the Department of Revenue or a private collection agency.

Approximately forty-five (45) days after the fees are due, if the deferred amount has not been paid, the court will send a letter to the party indicating that the fees must be paid within ten (10) days. If the fees are not paid as required, the court will turn the account over to the Department of Revenue or a private collection agency for collection; all further contact regarding the payment of the deferred fees should be made with the Department of Revenue or collection agency and not the court.

Page 18 | C. Fee Deferrals Or Waivers

Trial fees may be reimbursed if the case is resolved without trial, via a motion supported by an affidavit presented in person at ex parte, with reimbursements made by mail (at least three weeks after payment if paid by check).

Trial fees may be reimbursed if all claims in the action or proceeding are decided without the commencement of a trial. The court's authority to reimburse trial fees is provided by ORS 21.225. A refund requires a motion, supported by an affidavit, requesting an order allowing the reimbursement. This should be presented in person at ex parte. All reimbursements are made by mail, and, if the underlying payment was made by check, no reimbursement will be mailed until at least three weeks have passed since the date of receipt of the payment.

Page 18 | 4. Trial Fee Only Reimbursed by Court Order

Deferred fees are payable by the person for whom they were deferred and will be added to the judgment or a supplemental judgment with collection fees automatically added.

Unless the judgment specifies otherwise, the fees are payable by the person for whom the fees were deferred. The court will, without further notice, make the deferred amount a part of the judgment or enter a supplemental judgment for the fee amounts owing, and collection fees will be added automatically as required by ORS 1.202. See ORS 21.692 regarding judgments for deferred fees.

Page 18 | C. Fee Deferrals Or Waivers

A writ of review petitioner is assigned a case number after paying the filing fee.

The petitioner will then be assigned a case number after paying the filing fee.

Page 22 | 7. Non-Trial Civil Actions - a. Writs of Review

Parties must deliver hard-copy judge's copies to the motions judge as soon as the motion is filed and a hearing date is selected, unless the judge has indicated they do not want the copies.

The parties MUST provide judge's copies to the motions judge as soon as the motion is filed with the court and a date has been selected, unless the motions judge has indicated that the judge does not want to receive the required judge's copies. SLR 5.015. This must be a hard copy, not an email or electronic version.

Page 25 | b. Contested Motions

Bench copies for TRO motions must be delivered by early afternoon the day prior to the hearing.

Due to their complexity and the length, the presiding judge will require these motions to be submitted digitally at least 24 hours in advance. Bench copies should also be delivered by early afternoon the day prior to the hearing, at the very latest.

Page 28 | 5. Ex Parte Motions

Despite e-filing, parties must deliver a judge's copy of filings either directly to the judge's office or by leaving it in the court mail room in an envelope specifically addressed to the judge.

Electronic filing has not removed the requirement that parties deliver judge's copies of filings to the motions or trial judge. A judge's copy of any document should be taken to the judge's office directly or left in the court's mail room in an envelope specifically addressed to the judge.

Page 34 | 7. Judge's Copies of Documents Should be Delivered to the Judge's Office

TRO applicants must bring bench copies of the motion, and the presiding judge usually requires advance copies of the TRO application.

You must bring bench copies of your motion for review by the judge. The presiding judge usually requires advance copies of the TRO application, which might a include copy of the complaint if it is a new case.

Page 38 | I. Temporary Restraining Orders

For TRO requests without a filed case, parties must bring complaint, TRO paperwork, and fees to ex parte, and should provide bench copies to the presiding judge in advance or risk the hearing being set over.

If you are seeking a Temporary Restraining Order (TRO) under ORCP 79 and you do not have a case filed, bring your complaint, TRO paperwork, and corresponding fees to ex parte for a case number and determination of the TRO request. Providing bench copies to the presiding judge prior to ex parte for TROs is strongly encouraged. Failure to provide bench copies in advance may lead to the presiding judge setting over the hearing.

Page 15 | Ex parte / TRO procedures (preceding 'Filing Information for Self-Represented Litigants')

When filing a contested motion, the petitioner should send a paper courtesy copy of the motion to the post-conviction judge.

If filing a contested motion, the petitioner should include a letter requesting the clerk to set a date for the hearing and should send a courtesy (paper) copy of the motion to the post-conviction judge.

Page 23 | c. Petitions for Post-Conviction Relief

A judge's copy may be sent by fax or email only after obtaining specific permission from the judicial assistant.

PLEASE NOTE: You must get specific permission from the judicial assistant before sending a judge's copy by fax or email.

Page 34 | 7. Judge's Copies of Documents Should be Delivered to the Judge's Office

Physical copies for foreign subpoena registration must be dropped off at or mailed to Presiding with a prepaid return envelope.

Physical copies must either by dropped off and picked up in the Presiding office, or they may be mailed to Presiding with a prepaid return envelope.

Page 37 | b. Registering a Foreign Subpoena under ORCP 38C

Subpoenas for protected records require court permission; contested requests go to the motions judge, uncontested requests may be heard at ex parte with a supporting affidavit.

Protected records cannot be subpoenaed without court permission. The requesting attorney will have to demonstrate that the protected information is unavailable by other means. If contested, this motion must be heard by the case’s motions judge. If not contested, a request for protected records can be heard at ex parte and must be supported by an affidavit explaining why the records are necessary.

Page 37 | G. Subpoenaing Records To The Court

Inspecting subpoenaed health information records requires a judge's order allowing release of the documents.

Individually identifiable health information records delivered to the court under subpoena in a civil action are available for inspection in Room 3315 of the courthouse. If you wish to inspect these records, please obtain an order from a judge allowing release of documents.

Page 38 | G. Subpoenaing Records To The Court

To file a document under seal, parties must conventionally present a motion and proposed order to the motions judge addressing statutory authority, the reason for protection, and a description of the documents.

In order to file a document under seal, the parties must conventionally present a motion and proposed order to the assigned motions judge in the case. See SLR 5.165 and UTCR 5.160. The motion to file a document under seal must address the following three components: 1) The statutory authority for sealing the documents; 2) The reason for protecting the documents or materials from public inspection; and 3) A description of the documents or materials to be sealed.

Page 41 | III. Civil Case Management - Sealing

After a sealing order is signed, the unredacted original must be submitted in a 9'' x 12'' envelope with the signed order affixed to the front, a redacted version (not a slip sheet) filed in its place, and all documents filed together conventionally with the Civil Department.

Once the motions judge has signed an order allowing a document to be filed under seal, the parties must complete the following steps: 1) The original, unredacted and unaltered version of the document must be submitted in a 9'' x 12'' envelope, which will be securely stored in the courthouse file room. 2) A copy of the signed order allowing the document to be filed under seal must be affixed to the front of the envelope. The order must specify which document is contained in the envelope (e.g., "John Doe's Declaration in Support of Plaintiff's Motion to Compel" or "Exhibit 1 of John Doe's Declaration in Support of Plaintiff's Motion for Summary Judgment"). 3) A redacted or otherwise altered version of the document must be filed to stand "in place" of the document under seal. A slip sheet is not sufficient unless specifically allowed by the motions judge. 4) All documents, including the motion, signed order to file under seal, redacted copies, unredacted originals in envelopes, and any other ancillary document part of the underlying pleading must be filed together conventionally with the Civil Department.

Page 41 | III. Civil Case Management - Sealing

A protective order, even if stipulated, is not sufficient basis to seal a document designated as confidential.

Note: a Protective Order, whether stipulated or not, is NOT sufficient to demonstrate the statutory, constitutional, or other basis for sealing a document that a party has designated as "confidential."

Page 41 | III. Civil Case Management - Sealing

Judges prefer sealing specific sections of documents over sealing an entire pleading or file.

A judge is more likely to sign an order sealing a specific section of a document, rather than an entire pleading or file.

Page 41 | III. Civil Case Management - Sealing

The Order to Show Cause must be presented at ex parte together with the supporting documents, a Motion for a Show Cause Hearing, and an Order setting the hearing.

The order must be presented at ex parte with the supporting documents along with a Motion for a Show Cause Hearing and Order setting the hearing.

Page 39 | J. Show Cause Hearings

When a sealed document is a component of a larger pleading, all related documents must be filed with the court at the same time.

Tip: If the document to be filed under seal is one component of a larger pleading, such as an exhibit to a declaration, ensure all documents are filed with the court at the same time to keep the record clear and consistent.

Page 41 | III. Civil Case Management - Sealing

In expedited civil jury trial cases, parties may not file pretrial motions unless the court grants specific permission.

Parties shall not file pretrial motions, unless specific permission is granted by the court.

Page 21 | 4. Expedited Jury Trial

To have a contested motion heard before a case is at issue, a party may appear at ex parte after giving at least one judicial day's notice to the other parties and make an oral request for a motions judge assignment, with nothing filed.

If a party needs a judge to hear a contested motion before the case is at issue, that party may appear at ex parte after giving at least one judicial days’ notice to the other parties and make a request for assignment. This is an oral request and nothing needs to be filed.

Page 24 | B. Civil Motions / 1. Assignment of a Motions Judge – SLR 5.014

Motions on arbitration eligibility and exceptions to costs/attorney fee awards go to the Arbitration Judge.

Motions regarding the status of the case as arbitration eligible and exceptions to the award of costs and attorney fees should be presented to the Arbitration Judge, currently Judge David F. Rees.

Page 27 | Arbitration

After assignment to arbitration, pretrial motions are submitted to and decided by the arbitrator, not the court.

Once a case is assigned to arbitration, all motions against the pleadings, all motions for discovery, and all similar pretrial motions not then resolved will be submitted to the arbitrator only and determined by the arbitrator.

Page 27 | Arbitration (UTCR 13.040(3))

A scheduling conference is required for both contested and stipulated trial postponements.

A scheduling conference is required for both contested and stipulated postponements.

Page 27 | 4.a. Motions to postpone trial in a civil case

All attorneys or self-represented litigants must appear in person for complex case designation request hearings at scheduling conferences.

The presiding judge requires all attorneys or self-represented litigants to appear at the hearing.

Page 28 | 4.c. Complex Case Designation Request

The listed motion types (e.g., class action certification, compel arbitration, ORCP 21 motions, sanctions, interpleader) must be heard by the motions judge assigned to the case.

The following motions must be heard by the motions judge assigned to the case.

Page 33 | 6. Set Motion with Motions Judge

The moving party must affirmatively contact the motions judge to get a motion set for hearing; writing 'oral argument requested' on the motion or eFiling it alone will not schedule the hearing.

It is the responsibility of the moving party to contact the motions judge assigned to the case to get the motion set for hearing. See SLR 5.015. Simply placing "oral argument requested" on a motion will not alert the motions judge to the necessity to schedule the hearing, nor will simply eFiling a motion in your case.

Page 34 | 6. Set Motion with Motions Judge

Attorneys wishing to move for change of judge must immediately announce that intention to the presiding judge at call assignment and then follow ORS 14.260, 14.270, and SLR 7.045 for the motion to be timely.

At the time of assignment at call, attorneys who wish to file a motion for change of judge must announce to the presiding judge their intention to do so immediately, and then follow the procedures described in ORS 14.260, 14.270, and SLR 7.045 for the motion to be considered timely.

Page 43 | Call/Assignment (Multnomah County Presiding Judge)

To get a motions judge assigned before automatic assignment, a party must make an oral request at ex parte, and must be prepared to announce a decision on a change of judge at that time.

However, if you need a motions judge to schedule a hearing before one is automatically assigned, then you must make an oral request at ex parte. The presiding judge will announce the assigned motions judge on the record. You must be prepared to announce your decision to move for a change of judge at this time.

Page 19 | 3. Rule 21 Motions

Rule 21 motions and all subsequent contested motions are heard by the assigned motions judge, who is automatically assigned once the case is at issue (all parties have appeared, excluding defaulted or dismissed parties).

Rule 21 motions (and all other subsequent contested motions) will be heard by the assigned motions judge. All cases will automatically be assigned a motions judge after the case becomes at issue. A case is at issue when all parties have appeared, excluding defaulted or dismissed parties.

Page 19 | 3. Rule 21 Motions

In cases 'set to follow,' pretrial motions should be made to the assigned trial judge.

Cases set to follow are assigned to a trial judge, and therefore any pretrial motions should be made to the assigned judge. SLR 7.055(4).

Page 44 | F. Cases Set To Follow

A pretrial motion may be heard before the trial date if an early hearing is requested in the caption; if parties certify trial readiness at Trial Call, the CPC judge will endeavor to send the motion out for hearing the next day.

If requested in the caption, pursuant to UTCR 4.010(2), a pretrial motion may be heard prior to the trial date. If the parties certify that they are ready for trial at Trial Call, then the CPC judge will endeavor to send the pretrial motion out for hearing the next day, absent good cause, so as to comply with UTCR 4.010(3).

Page 12 | X. PRETRIAL MOTIONS

Requests to reschedule a summary judgment hearing assigned to a pro tempore judge must be presented at ex parte to the presiding judge with a motion and signed order (Form 05-44A and B); if scheduled with a sitting judge, rescheduling goes through that department.

Due to the importance of maintaining a case's timelines, any request to reschedule a summary judgment hearing assigned to a pro tempore judge must be presented at ex parte in front of the presiding judge. This requires a motion and a signed order by the presiding judge. A form of the motion and order is set out in the Appendix. (Form 05-44A and B). If a motion for summary judgment has been scheduled with a sitting judge, any rescheduling must be done through that department.

Page 26 | 2. Motions for Summary Judgment - b. Rescheduling

Continuance requests governed by UTCR 6.020 (the deadline after a case has reported settled) must be presented at ex parte, and parties must explain to the presiding judge why they cannot meet the UTCR 6.020(2) requirements.

Continuance of UTCR 6.020 Reason: While UTCR 7.020 dictates the time requirements for moving a case towards trial, UTCR 6.020(2) dictates the deadline after a case has reported settled. Like second continuances under UTCR 7.020, parties will need to explain to the presiding judge why they cannot meet the requirements under UTCR 6.020(2).

Page 31 | Motions presented at ex parte

Parties seeking to postpone trial must explain extraordinary circumstances, and discovery issues or failure to timely file a motion do not qualify.

Parties should be prepared to explain the extraordinary circumstances justifying the request. Extraordinary circumstances do not include discovery issues or the failure to timely file a motion.

Page 42 | IV. Trial Calendaring Procedures - C. Trial Date Postponements

Motions to postpone a civil trial must be presented at a scheduling conference with the presiding judge, held Wednesday afternoons between 2:00 and 4:00 PM in ten-minute sessions.

A motions to postpone a civil trial must be presented at a scheduling conference with the presiding judge. See SLR 7.025. Scheduling conferences are held on Wednesday afternoons with the presiding judge between 2:00 and 4:00PM in ten-minute sessions.

Page 42 | IV. Trial Calendaring Procedures - C. Trial Date Postponements

Changing an appearance date after the order is signed requires moving for a new order; the date must never be altered on the signed order.

If the creditor obtains a date at the time the order is signed by the court, and later wishes to change the appearance date, the creditor must move for a new order. Do not alter the date after the order has been signed.

Page 51 | Judgment Debtor Examinations

Judgment remedies may be extended an additional 10 years by filing a certificate of extension before the original judgment remedies expire; the certificate must state when the original judgment was entered and that it remains unsatisfied, and the 10-year period runs from the certificate's filing date.

ORS 18.182 allows an extension of judgment remedies for an additional ten (10) years beyond the initial period set in ORS 18.180. This must be done before the original judgment remedies expire, by filing a certificate of extension. ORS 18.182. The certificate should indicate when the original judgment was entered and that it has not been satisfied. The extension time (10 years) runs from the date the certificate is filed, not from the date the original judgment expires.

Page 53 | N. Extension Of Judgment Remedies

Failure to appear or file the signed Consent to Appear through Counsel form triggers a warrant determination, and only in exceptional circumstances may the court carry the Pretrial Conference for one week without changing the Final Resolution date.

If defendant does not appear or a signed Consent to Appear through Counsel form is not filed with the court, the court will make a warrant determination. In exceptional circumstances only, the court may carry the Pretrial Conference for one week. This one-week carry will not change the date set for the final resolution docket hearing.

Page 8 | VI. PRETRIAL CONFERENCE DOCKET

The Final Resolution judge cannot set a trial date beyond 90 days from arraignment; requests for later dates must be taken to CPC that morning and the parties must report back after CPC rules.

The Final Resolution judge is not authorized to set a trial date beyond 90 days from arraignment. The parties must take any request for a trial date beyond 90 days from arraignment to CPC that morning, and report back to the Final Resolution judge after CPC rules on their trial date request.

Page 9 | VII. FINAL RESOLUTION DOCKET

The Final Resolution date may be moved earlier for any reason (or with CPC approval), but postponement is capped at two weeks and allowed only under exceptional circumstances.

Requests to change Final Resolution date: The Final Resolution date may be reset to an earlier date for any reason or with CPC approval, postponed by a maximum of two weeks only under exceptional circumstances.

Page 9 | VII. FINAL RESOLUTION DOCKET

Setover (continuance) motions are prohibited at the Call docket unless compelling circumstances exist that could not have been addressed through an earlier continuance motion.

No setover motions are allowed at Call unless there exist compelling circumstances that could not have been addressed through a motion for continuance on an earlier further proceedings docket.

Page 10 | VIII. CALL/TRIAL ASSIGNMENT DATES

Once a case is made date certain, trial continuances are allowed only for exceptional compelling circumstances.

The court retains discretion to deny setovers that will take a case past that date and/or to make a case "date certain." Once a case is date certain, continuances of trial will be allowed only for exceptional compelling circumstances.

Page 11 | IX. TRIAL SETOVER POLICY

Any party requesting a setover on the day of trial must return to CPC.

If any party requests a setover for any reason on the day of trial, they must return to CPC.

Page 12 | XI. DAY OF TRIAL

Plaintiff may extend the 63-day period by moving for a continuance for good cause (Form 05-41 A & B); the first motion must be eFiled, subsequent requests presented at ex parte, and the continuance runs from the date the order is signed.

To extend this period, plaintiff may move for a continuance for good cause. SLR 7.021. The court has a form for this motion. (Form 05-41 A & B, Appendix of Forms). The first motion for continuance must be eFiled, and subsequent requests must be presented at ex parte. SLR 2.501. The continuance runs from the date the Order is signed.

Page 20 | A. Pretrial Case Management - 1. Uniform Trial Court Rule 7.020 (63-Day Notice)

After a continuance is granted, the court stops sending 28-day notices and the case leaves the court's tracking system, so parties must track and calendar the continued date themselves.

CAVEAT: Once a case has been granted a continuance, the court will no longer send a 28-day notice. The order continuing the case takes the case out of the tracking system of the court. It is the responsibility of the parties to appropriately notate and set their own reminders for the date the case or party has been continued.

Page 20 | A. Pretrial Case Management - 1. Uniform Trial Court Rule 7.020 (CAVEAT)

Parties wishing to reschedule a trial must first hold a postponement scheduling conference with the presiding judge under SLR 7.025.

Parties wishing to reschedule a trial must hold a postponement scheduling conference with the presiding judge. SLR 7.025.

Page 21 | 2. Stipulated Trial Setting Orders

A scheduling order sets a status hearing and trial date at least 150 days out, and those dates may be extended for good cause on motion of either party.

A scheduling order shall be entered setting a status hearing and trial date at least 150 days out and noting deadlines for filing additional documents. These dates may be extended for good cause on the motion of either petitioner or defendant.

Page 23 | c. Petitions for Post-Conviction Relief

Post-conviction trials are scheduled for 30 minutes unless a motion allowing more time is granted.

All trials will be scheduled for 30 minutes unless a motion is granted allowing more time.

Page 23 | c. Petitions for Post-Conviction Relief

Delays in completing discovery are not a reason to postpone a trial date.

Delays in completing discovery are not considered a reason to set-over a trial date.

Page 28 | 4.a. Motions to postpone trial in a civil case

Contested extensions of time to respond to summary judgment should be presented at ex parte when the case is not assigned to a sitting judge, because the presiding judge must monitor case timing and pro tempore judges are only scheduled for limited times.

Contested Extension of Time to Respond to Summary Judgment, if not assigned to a sitting judge Reason: the presiding judge must actively monitor the timing of cases to ensure they resolve within the time period set by the Chief Justice. Additionally, pro tempore judges are only scheduled for specific, limited times.

Page 32 | Motions typically eFiled but presented at ex parte

Untimely scheduling of motions is not extraordinary circumstances justifying postponement of a trial date; motions are traditionally set approximately five weeks from the request, subject to judicial availability.

PLEASE NOTE: Failure to schedule motions in a timely manner is not considered extraordinary circumstances justifying postponement of a trial date. Traditionally, departments set motions approximately five (5) weeks from the date of the request, subject to judicial availability.

Page 34 | 6. Set Motion with Motions Judge

Probate ex parte matters are heard at 8:45AM and must be scheduled in advance by phone request to the Probate Section at (971) 274-0605.

Probate ex parte matters are heard at 8:45AM and must be scheduled by request to the Probate Section at (971) 274-0605.

Page 8 | E. Office Of The Presiding Judge - 3. Ex Parte

ADA accommodation requests must be received by the court no later than four judicial days before the event (submitted via the ADA Accommodation Request form).

Requests for ADA accommodations must be received no later than four judicial days before an event. More about the notification to the court and what information can be found in UTCR 7.060.

Page 12 | M. Requesting ADA Accommodations

Interpreter requests must be made at least four days before the hearing or trial regardless of submission channel; late requests violate UTCR 7.070 and 7.060 unless a judge waives the requirement for good cause.

You must make a request for an interpreter at least four (4) days in advance of hearing or trial. However, the more notice the CLAS staff have, the greater the probability of securing the services of an interpreter. Requests made with less than the required four days' notice, absent a judge's good cause waiver of the requirement, are a violation of UTCR 7.070 and 7.060.

Page 12 | L. Procedure To Request Language Or Sign Interpreters

A party seeking expedited treatment of a motion must call the motions judge's staff to make the request.

The party seeking expedited treatment must make that request to the motions judge by calling the judge’s staff and filing a motion to expedite.

Page 24 | a. Expedited Hearing on Civil Motion – SLR 5.015

To schedule a summary judgment hearing, parties must contact the civil department by email at mul.civil@ojd.state.or.us.

Summary judgment motions are set by the civil department. To schedule a hearing, parties should send an email to mul.civil@ojd.state.or.us.

Page 26 | 2. Motions for Summary Judgment

Remote ex parte appearances require 24-hour notice to presiding clerks plus email of documents; in-person appearances require no advance notice but documents must be brought.

For remote appearances, parties must give the presiding clerks 24-hour notice of the day and time they plan to appear and email the documents for ex parte to mul.presiding@ojd.state.or.us. If attorneys plan to appear in person, they must bring the documents with them and do not have to give the court advance notice.

Page 28 | 5. Ex Parte Motions

Small Claim and FED ex parte matters go to a dedicated session; parties must schedule with the Small Claims/FED department at (971) 274-0545.

There is a specific ex parte session for all Small Claim and FED ex parte matters. Do not bring these matters to the general ex parte session with the presiding judge. If you wish to present a matter at the FED ex parte, you must schedule a time to do so by contacting the Small Claims/FED department at (971) 274-0545.

Page 29 | Ex Parte Sessions

Parties may call the high-volume case processing unit at 971-274-0545 by 10:30 am the day prior to the Pretrial Conference (in lieu of or in addition to emailing) to secure cancellation of the conference.

called the high-volume case processing unit (971-274-0545) or emailed them at MUL.Criminal@ojd.state.or.us by 10:30 am the day prior, the Pretrial Conference will be cancelled

Page 8 | VI. PRETRIAL CONFERENCE DOCKET

Phone hours for court operations divisions (including the circuit court file room) are currently shorter than business hours and are subject to change.

During the current budgetary conditions, phone hours are shorter than business hours for operations divisions including the circuit court file room. These hours are subject to change if the circuit court is required to cut additional staff positions to comply with declining funding for its daily operations.

Page 9 | I. Court Organization

If a case with an interpreter request is set over or settled, CLAS must be notified as soon as possible to cancel the interpreter, or the party may be responsible for the interpreter's fees.

If you have made a request for an interpreter for a trial or hearing and the case is set-over or settled before the scheduled event, please notify CLAS as soon as possible so the interpreter can be canceled or reassigned. It is not unusual for an interpreter reservation for a court proceeding to require airfare, lodging, and per diem for the interpreter, as well as an hourly rate of compensation. You may be responsible for those fees if not cancelled in a timely manner.

Page 12 | L. Procedure To Request Language Or Sign Interpreters

Interpreter requests for Multnomah County proceedings may alternatively be made by phone at (503) 986-5688, but only between 8:30-10:30 AM and 1:30-4:00 PM on business days excluding state holidays.

While online or email electronic notice to CLAS is preferred, you may also make a request for an interpreter for a circuit court proceeding in Multnomah County by calling (503) 986-5688 between the hours of 8:30 AM to 10:30 AM, and 1:30 PM to 4:00 PM during the business day, except for state holidays.

Page 12 | L. Procedure To Request Language Or Sign Interpreters

Language or sign interpreters must be scheduled through CLAS using the online request form or by email to Mul.Interpreter.Services@ojd.state.or.us with all required information in the body of the email.

If you need a language or sign interpreter for a circuit court proceeding under ORS 45.275 or ORS 45.285, you must schedule this resource through CLAS. Click on the link "Request an Interpreter" to reserve an interpreter through the provided online request form. An alternative to the online request form is to email your request directly to the email address provided on the above web page; the provided email addresses cover each of the 36 circuit courts. In the body of the email include all of the required information listed on the above web page for the request. The CLAS email address for a circuit court proceeding to be conducted in Multnomah County is Mul.Interpreter.Services@ojd.state.or.us.

Page 12 | L. Procedure To Request Language Or Sign Interpreters

Scheduling conference requests are made by email to Presiding Court staff; conferences are Wednesdays 2-4 pm in 10-minute increments.

Parties should email the Presiding Court staff at mul.presiding@ojd.state.or.us to request a Scheduling Conference. Scheduling conferences are held on Wednesdays between 2-4 pm in 10-minute increments.

Page 27 | 4. Motions Heard by Presiding Judge at Scheduling Conferences

Questions about whether a filing should be eFiled, presented ex parte, or set for hearing must be emailed to the presiding judge rather than assumed, because submitting via the wrong forum can delay review.

If you have questions regarding whether something should be eFiled, presented at ex parte, or set for hearing with your motions judge, please email presiding. Do not just assume that the motion should be eFiled or presented in person. Submitting via the wrong forum could result in the delay of the review of the motion.

Page 33

To schedule a trial-postponement conference, parties must email the presiding judge at mul.presiding@ojd.state.or.us for available dates and then confer with opposing counsel before emailing the agreed time and date.

To schedule, please email presiding at mul.presiding@ojd.state.or.us to inquire about available dates and time. Parties should then confer with opposing counsel and email presiding with the agreed upon time and date.

Page 42 | IV. Trial Calendaring Procedures - C. Trial Date Postponements

Attorneys may report unconditionally 'ready' by emailing the presiding clerks at mul.presiding@ojd.state.or.us at least one day before call (reporting ready waives any right to move for a change of judge).

An attorney may report unconditionally "ready" by emailing the presiding clerks at mul.presiding@ojd.state.or.us at least one day before call.

Page 43 | Call/Assignment (Multnomah County Presiding Judge)

If a case set on the call calendar is settled, parties must email both mul.civil@ojd.state.or.us and mul.presiding@ojd.state.or.us to report the settlement, as required by UTCR 7.040.

If a case set on the calendar for call is settled, please email both mul.civil@ojd.state.or.us and mul.presiding@ojd.state.or.us and report that the matter is settled.

Page 44 | G. Failure To Appear At Call

Defense counsel may request transport of an in-custody client for the Pretrial Conference by phone by 10:30 AM the day prior (email deadline 11:00 AM), limited to 10 defendants per session, and only with a good faith belief the case will resolve by change of plea that day.

By 10:30AM phone call, or by 11:00AM email the day prior, defense counsel can request their in-custody client to be transported to the Main Courthouse for the Pretrial Conference with a maximum of 10 defendants able to be transported per session. Counsel may not request a transport unless counsel has a good faith belief that the case will resolve that day by change of plea.

Page 8 | VI. PRETRIAL CONFERENCE DOCKET

Defense counsel may request transport of an in-custody client by phone call, which must be made by 10:30 AM the day prior, capped at 10 transported defendants per session, and only with a good-faith belief the case will resolve by change of plea.

By 10:30AM phone call, or by 11:00AM email the day prior, defense counsel can request their in-custody client to be transported to the Main Courthouse for the Pretrial Conference with a maximum of 10 defendants able to be transported per session. Counsel should not request a transport unless they have a good faith belief that the case will resolve that day by change of plea.

Page 10 | VI/VII. PRETRIAL CONFERENCE / FINAL RESOLUTION DOCKET (continuation)

Correspondence to the presiding judge's staff should be sent c/o the presiding judge at (971) 274-0660 or mul.presiding@ojd.state.or.us, with email strongly preferred.

Any correspondence to the presiding judge's staff should be sent c/o the presiding judge. The Presiding Court's phone number is (971) 274-0660. The Presiding Court's email address is mul.presiding@ojd.state.or.us. Email is strongly preferred.

Page 8 | E. Office Of The Presiding Judge - 2. Staff