Multnomah County Circuit Court Document Filing Requirements

Applies to

TRO

When seeking a TRO without a filed case, bring the complaint, TRO paperwork, and fees to ex parte for a case number and determination.

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.

Applies to

Third party complaint

A third-party complaint must be filed as a separate pleading and cannot be combined with an answer.

If a defendant wants to bring another party into the action, a third-party complaint must be filed as a separate pleading: “A pleading against any person joined under Rule 22C is a third-party complaint.”

Applies to

Third party complaint

Must include

caption

Third-party complaint captions must reference the filing-fee statute and state the amount in controversy when required.

Defendants filing a third-party claim need to observe all of the requirements for the format of the complaint including compliance with ORS 21.105, which requires that the caption must include a reference to the statute that establishes the filing fee for the proceeding. If the proceeding is subject to a filing fee established under ORS 21.160, the caption must indicate the amount in controversy.

Applies to

Habeas corpus petition

All documents filed in a habeas corpus case must include the words 'HABEAS CORPUS' in the caption.

All documents filed in a habeas case must have the words "HABEAS CORPUS" in the caption.

Applies to

Post conviction petition

All documents in a post-conviction case must include the words 'POST CONVICTION' in the caption.

All documents filed in a post-conviction case must have the words “POST CONVICTION” in the caption.

Applies to

Motion

Petitioners filing contested motions must include a letter requesting the clerk to set a hearing date.

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.

Applies to

Motion to expedite

Parties seeking expedited treatment must file a motion to expedite.

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.

Applies to

Post conviction petition

All matters delivered to the court for filing must be submitted and signed only by counsel, except for the petition or amended petition and exhibits.

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.

Applies to

Motion

A motion for leave to amend to plead punitive damages must be accompanied by all supporting affidavits and documents.

The motion for leave to amend must be accompanied by all supporting affidavits and documents.

Applies to

Motion

An order is required to re-assign a summary judgment hearing to a sitting judge, using the form set out in the Appendix.

If a party to a proceeding scheduled for a summary judgment hearing before one of the judges pro tempore wants to have the hearing re-assigned to a sitting judge of the circuit court, an order is required and an example order to use is set out in the Appendix. (Motion and Order to Reschedule Summary Judgment Hearing in Front of a Sitting Judge, Form 05-78A and B).

Applies to

Ex parte motion

Must include

local rule certificate

All ex parte motions and orders must include a UTCR 5.100 certificate of readiness.

All ex parte motions and orders must have a UTCR 5.100 certificate of readiness.

Applies to

Motion to consolidate

Must include

proposed order

Motions to consolidate must include an order and be filed in each case being consolidated.

A motion and order to consolidate must be filed in each case that is potentially being consolidated.

Applies to

Commission

To obtain an interstate discovery commission, the attorney must come ex parte with a motion, affidavit, order, and commission.

To obtain a commission for discovery in another state for a Multnomah County case, the requesting attorney should come to ex parte with a motion, affidavit, and order to be signed by the presiding judge (see UTCR form 5.130.1a), and a commission to be signed by the clerk (see UTCR form 5.130.1b).

Applies to

Temporary restraining order

An underlying complaint is required to request a TRO.

In order to ask for a TRO, you must have an underlying complaint.

Applies to

Order to show cause

Must include

proposed order

The Order to Show Cause must be presented at ex parte with supporting documents and a Motion for a Show Cause Hearing and 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.

Applies to

Show cause order

The Show Cause Order must contain language reflecting the call date, time, and room, as well as the date for which the hearing will be assigned.

The Show Cause Order must contain language reflecting the call date, time, and room, as well as the date for which the hearing will be assigned.

Applies to

Motion for reinstatement

Must include

proposed order

To reinstate a case after abatement, the moving party must give prior notice to all parties and present a Motion and Order for Reinstatement with a supporting declaration at ex parte.

To have the case put back on the active trial docket after abatement, the moving party must give prior notice to all parties and present a Motion and Order for Reinstatement along with a supporting declaration at ex parte.

Applies to

Certificate of adr participation

Parties must participate in ADR and file a certificate of participation within 365 days of the first complaint or petition unless the case concludes earlier.

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.

Applies to

Motion to seal

Must include

proposed order

A motion to file under seal must be presented to the assigned motions judge and must address 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 5.010. 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.

Applies to

Motion to seal

A Protective Order, whether stipulated or not, is not sufficient to justify sealing 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.'

Applies to

Judgment

A money judgment must comply with ORS 18.042(1) to create a judgment lien.

For a money award to create a judgment lien, the judgment must comply with ORS 18.042(1).

Applies to

Judgment

Original negotiable instrument must be tendered to the court before entry of judgment based on it.

If a judgment is based on a negotiable instrument, UTCR 2.060 requires that the original negotiable instrument be tendered to the court before the entry of judgment.

Applies to

Attorney fee statement

Parties seeking attorney fees must follow ORCP 68 and UTCR 5.080 for the fee statement.

In civil actions, ORCP 68 must be followed if a party is seeking attorney fees, costs, and disbursements. UTCR 5.080 sets out the requirement for the statement for attorney fees.

Applies to

Default order

Clerk reviews default orders for compliance with motion, service, timing, and affidavit requirements.

To allow the Order: Motion for Default Order filed; Proof of service of summons in compliance with ORCP 7; 30 days have elapsed since service; No answer or other appearance has been filed prior to the judgment; Written notice of intent to appear has not been received by movant; if written notice has been received, whether a notice of intent to apply for default has been filed and served; Affidavit addressing all four categories in ORCP 69(C)(1)(d) (not-incapacitated, not a minor, not a protected person, and not a respondent as the terms are defined in ORS 125.005); and Non-military affidavit in compliance with ORCP 69(C)(1)(e) has been filed.

Applies to

Default judgment

Default judgment requires motion, granted default order, no answer/appearance, signed and notarized affidavits, sum certain damages, original negotiable instrument, and fee authority if fees requested.

To allow the Judgment: Motion for Judgment filed (can be combined with motion for default order if filed concurrently); Default Order has been granted; No answer or appearance has been filed (if an answer or appearance has been filed before the default judgment is filed, even if more than 30 days have elapsed since service, the default should be denied); All affidavits are signed and notarized; Damages are for a sum certain, original negotiable instrument has been filed under UTCR 2.060; If attorney fees are requested, a copy of contract or other instrument allowing fees has been filed, or the authority for claiming fees is included in the affidavit;

Applies to

Affidavit

SCRA report within 60 days preferred; substantiating facts required if unable to obtain a report.

Non-military affidavit in compliance with ORCP 69(C)(1)(e) has been filed. Compliance with the requirements of the Servicemembers Civil Relief Act 2003 (Public Law No. 108-189) is strictly enforced. SCRA reports from within the past sixty days are preferred. If the moving party is unable to obtain a SCRA report, the moving party should provide substantiating facts as to why the defendant is not in the military should be provided.

Applies to

Default judgment

Proof of damages must be attached to a declaration or affidavit for default judgment.

The presiding judge will require proof of the damages, which should be attached to a declaration or affidavit.

Applies to

Default judgment

Default judgment packages must include a cost bill (if costs requested) and a judgment complying with ORS 18.038 and 18.042 with the money award section above the judge's signature.

If costs are requested, a cost bill has been filed; A judgment complying with ORS 18.038 and 18.042 is included containing all the required information, and the money award section is immediately above the judge's signature line. Compliance with the money award requirements of ORS 18.042 is strictly enforced.

Applies to

Prima facie hearing

At a prima facie hearing, parties must present admissible evidence, including testimony and exhibits, and documents should be marked as exhibits and offered into evidence.

Parties should be prepared to present at a prima facie hearing admissible evidence—testimony and exhibits—to establish the party's right to the relief sought. The court may consider testimony presented in the form of sworn affidavits or declarations. Documents should be marked as exhibits and offered (and received) into evidence.

Applies to

Default judgment

A prima facie hearing is required for default judgments where damages cannot be substantiated by documentation, including punitive damages, non-monetary losses, claims without supporting documentation, and claims requiring conclusions of law.

If the motion for default judgment is submitted to the presiding court and damages cannot be substantiated by documentation, then the judgment will be "unsigned," and a notation made saying a prima facie hearing is required. These claims include, but are not limited to, the following: (1) punitive damages; (2) non-monetary losses (including claims for pain, mental suffering, emotional distress, humiliation, injury to reputation, loss of care, comfort, and companionship, loss of consortium, and similar types of claimed losses); (3) claims where no supporting documentation exists (i.e. oral contracts); and (4) claims requiring conclusions of law or findings of fact.

Applies to

Satisfaction of money award

The judgment creditor must file a satisfaction of money award; the judgment is not satisfied until a full satisfaction, signed and notarized, is filed.

When all amounts of the judgment have been paid, the judgment creditor has the responsibility to file a satisfaction of money award with the court. Partial satisfactions may also be filed and noted on the judgment lien record, but the judgment will not be "satisfied" until a full satisfaction, signed by the judgment creditor and notarized, is filed. ORS 18.225

Applies to

Foreign judgment

Foreign judgments require a certified copy, an affidavit with names and addresses, a statement with ORS 18.042 information, and a certification of single-court filing before being docketed.

Before a foreign judgment will be filed and docketed, the filing party must have complied with the requirements of ORS 24. The judgment will not be entered in the judgment lien record and create a lien unless the file includes a certified copy of the foreign judgment, an affidavit setting out the names and last known addresses of the judgment debtor and judgment creditor, a separate statement containing the information required by ORS 18.042, and a certification that the judgment is being filed in only one court in Oregon. ORS 24.125 and 24.129.

Applies to

Writ of execution

A writ of execution must include the total amount due, per diem amount, calculation date, and statutory compliance.

The writ must include: the total amount due as of the date of submission, including any post-judgment accrued interest, payments made, or other adjustments; the dollar amount of the per diem; the specific date to which the total is calculated; and compliance with all other statutory requirements.

Applies to

Motion for disbursement

The judgment creditor must present a Motion for Disbursement of Sale Proceeds in person at ex parte.

This disbursement is not automatic—the creditor must present a Motion for Disbursement of Sale Proceeds in person at ex parte. SLR 2.501.

Applies to

Writ of assistance

A writ of assistance requires a motion, declaration or affidavit, order, and proposed writ (with a copy) at ex parte.

To obtain such a writ, present a motion, declaration or affidavit, order, and proposed writ (and a copy) at ex parte.

Applies to

Motion to disburse

Must include

proposed order

An order disbursing funds is required when there is a question about the funds; motions to disburse must be presented at ex parte.

However, if there is any question as to the reason the funds are being held, to whom they should be paid, or what proportion multiple creditors should receive, an order disbursing funds is required. UTCR 1.120 sets out the steps to obtain such an order. Motions to disburse money deposited with the court must be presented at ex parte. SLR 2.501.

Applies to

Order to deposit funds

Must include

proposed order

An order is required to deposit funds in an interest-bearing account with the State Treasurer, and the amount must be over $10,000.

Under ORS 293.293 all funds held in trust by a court for the benefit of any party must be deposited with the Oregon State Treasurer. An order is required to deposit funds in an interest-bearing account with the State Treasurer, and the amount to be deposited must be over $10,000. ORS 293.293(2).

Applies to

Order to pay out funds

Must include

proposed order

An order is required to pay out money plus interest, and must specify the payee and amounts including interest.

An order is required to pay out the money plus interest. The order should specify to whom the check should be made payable and the amounts requested including the interest.

Applies to

Check

Checks paid into court must be payable to the State of Oregon and include the case number.

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.

Applies to

Motion to initiate contempt

Must include

proposed order

A motion to initiate a contempt proceeding must include an order scheduling a show cause hearing at ex parte.

If the judgment debtor fails to appear at more than one judgment debtor examination, the judgment creditor may file a motion to initiate a remedial contempt proceeding under ORS 33.055. The movant must obtain an order scheduling a show cause hearing at ex parte. See SLR 2.501.

Applies to

Certificate of extension

The certificate of extension must indicate when the original judgment was entered and that it has not been satisfied.

The certificate should indicate when the original judgment was entered and that it has not been satisfied.

Applies to

Consent to appear

Defendants must appear in person unless a signed consent to appear through counsel is filed.

The defendant is required to appear in person unless the lawyer files a consent to appear through counsel signed by the defendant.

Applies to

Joint status report

The parties must prepare and submit a joint status report documenting discovery status and plea offer transmittal.

The parties shall prepare and submit to the court a joint status report documenting the status of discovery production and transmittance of a plea offer.

Applies to

Joint trial report

Parties must complete a Joint Trial Report when setting a case for trial, reporting good faith negotiation efforts and trial readiness; the report is not required if the defendant is reporting ready to plea.

If, after conferral, the case is to be set for trial or the parties are unable to resolve their matter, the parties must complete a Joint Trial Report (See Addendum 3), which will be used by the judge to assign cases to the Call docket or set future dates. If the parties are requesting the Court set dates for Call and Trial, the parties are required to report through the Joint Trial Report that good faith efforts to negotiate a pretrial resolution have failed and they, in good faith, expect to be ready for trial on the requested dates. Any outstanding discovery issues should be raised with the Court. The Joint Trial Report need not be prepared or submitted if the defendant is reporting ready to plea.

Applies to

Specialized terminology list

A list of specialized terminology must be provided to the interpreter before the proceeding if requested.

If a list of "specialized terminology expected to be used in the proceeding" is requested by an interpreter assigned to the proceeding, the list must be provided to the interpreter prior to the commencement of the proceeding.

Applies to

Caption

Cases governed by ORS 21.160 must state the amount in controversy in the caption.

If it is a case governed by ORS 21.160 it must state the amount in controversy.

Applies to

Answer

Filing a third-party complaint does not satisfy the duty to file a timely motion or answer to the original complaint.

CAUTION: 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.

Applies to

Default judgment

A default order without an entered judgment does not prevent dismissal for lack of prosecution.

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.

Applies to

Motion for relation back date

For relation back dates beyond three days, the party must explain to the judge the reason for the delay with their filing.

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.

Applies to

Affidavit

An affidavit must be brought when the foreign state does not issue a commission, writ, or letter rogatory.

For states that do not issue a commission, writ, or letter rogatory, the attorney should bring an affidavit to that effect along with the petition and order.

Applies to

Subpoena

The Oregon subpoena must include a place for the clerk to sign, and the requesting attorney must not sign it.

The Oregon subpoena must have a place for the clerk to sign; the requesting attorney does not sign the Oregon subpoena.

Applies to

Federal court documents

After remand from federal court, the parties must file copies of all federal court documents in the state court.

If the case is subsequently remanded back to the circuit court by the federal court, the parties must ensure that copies of all documents filed in the federal court are also filed in the state court after remand in order to reflect the posture of the case.

Applies to

Certificate of compliance

If the trial is scheduled more than a year after filing, parties must provide a certificate of compliance under SLR 7.016, refer to a filed certificate, or explain the ADR plan.

If the trial will be more than a year after the filing date, the parties must provide a certificate of compliance under SLR 7.016, or refer to a filed certificate, or explain the ADR plan for the case.

Applies to

Notice of substitution

The attorney taking over representation must file a Notice of Substitution of Counsel when an attorney leaves a firm, or court notifications may be sent to the wrong attorney.

If an attorney leaves a firm and is no longer representing a party in the case, the attorney taking over is responsible for ensuring a Notice of Substitution of Counsel is filed in the case. Failure to do so could result in court notifications being sent to the incorrect attorney.

Applies to

Written notice

Written notice to the clerk's office is required to change the attorney of record within a firm; such changes are not substitutions of counsel and do not require a court appearance.

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.

Applies to

Pre assignment letter

The pre-assignment letter must contain the trial date, trial days, Friday request, and judge names.

The letter to the presiding judge should contain the following information: 1. The date trial is scheduled to begin; 2. The estimated number of trial days needed; 3. If the parties are requesting trial proceedings on Fridays; 4. Names of judges who heard pretrial motions in the action.

Applies to

Affidavit

Affidavit required if the original instrument has been lost.

If the original instrument has been lost, the court requires that such information be submitted by an affidavit.

Applies to

Default judgment

Insurance subrogation cases are exempt from the prima facie hearing requirement; damages may be proven by affidavit of the claims adjustor with payout documentation.

In insurance subrogation cases ONLY, a prima facie hearing is not necessary, and damages can be proven by affidavit of the claims adjustor with payout documentation submitted with the default documents.

Applies to

Default judgment

A prima facie hearing is required when attorney fees exceed $2,000, and the party must satisfy all statutory and contractual provisions to be entitled to fees.

Currently, that threshold is attorney fees exceeding $2,000. A party will need to satisfy all statutory and contractual provisions in order to be deemed entitled to attorney fees.

Applies to

Satisfaction of money award

In domestic relations cases with continuing support, monthly satisfactions may be filed, but the judgment is not satisfied until a full satisfaction and termination of support are filed.

In domestic relations cases where there is continuing support, monthly satisfactions can be filed, but the judgment will not be "satisfied" until a full satisfaction and a termination of support are filed.

Applies to

Garnishment

A garnishment requires an original and two copies.

The original and two copies of the garnishment are required.

Applies to

Release of garnishment

A copy of the release of garnishment must be filed with the court if the garnishment requested sale of property or a challenge was filed.

A copy of the release of garnishment must be filed with the court if the garnishment requested the sale of property or there was a challenge filed.

Applies to

Order for appearance

Must include

caption

The caption for an appearance order based on another county's judgment must indicate the Multnomah County Recorder's number and the original case number.

If an order for appearance of a judgment debtor pursuant to another county's judgment is based on the presence of the debtor and the recording of the other county's judgment in Multnomah County (ORS 18.265(2)(b)), the caption of the order should indicate the Multnomah County Recorder's number and the case number assigned by the county in which the underlying judgment was entered.

Applies to

Tracking order

A tracking order must state the date, time, and location of the next felony court date.

The order tracking a misdemeanor with a felony must include on the order the date, time and location of the next court date for the felony.

Applies to

Tracking order

A custody defendant's waiver of the 14-day hearing right must be noted in the tracking order.

If the defendant is held in custody on the PV, they must waive, on the record, their right to a hearing within 14 days as provided in ORS 137.545 (6) and such waiver should be noted in the tracking order.

Applies to

Motion for appointment of counsel

Petitioner may file a motion for appointment of counsel with a supporting affidavit or declaration.

The petitioner may also file a motion for the appointment of counsel with supporting affidavit or declaration, if he or she desires attorney representation.

Applies to

Foreign subpoena registration

The declaration, foreign subpoena, and a copy of the Oregon subpoena will be filed and assigned an Oregon case number.

The declaration, foreign subpoena, and a copy of the Oregon subpoena will be filed and given an Oregon case number.

Applies to

Judgment

Bank-supplied image of a negotiated check satisfies UTCR 2.060.

Actions based on negotiated checks will be deemed to comply with UTCR 2.060 if a bank supplied image of the negotiable instrument is tendered to the court in the complaint or with the judgment.

Applies to

Judgment

Judgments from other county circuit courts must be recorded at the Multnomah County Recorder's office to establish a lien on real property.

To establish a lien on real property in Multnomah County, judgments from other county circuit courts are recorded at the Multnomah County Recorder's office (please visit Multnomah County Recorder's Office website for the most up to date information on process) ORS 18.152.

Applies to

Motion for order

A judgment creditor may file a motion for an order requiring a judgment debtor to appear and answer questions about property.

ORS 18.265 allows a judgment creditor to file a motion for an order requiring the appearance of a judgment debtor to answer under oath questions concerning the property of the judgment