Washington County Circuit Court Document Filing Requirements

Applies to

Show cause motion

Before filing a show-cause motion, the moving party must obtain the hearing date from the Case Management Team.

For Show Cause hearings, the moving party must obtain the hearing date from the Case Management Team prior to filing the motion.

Applies to

Proposed order

The proposed order must contain the show-cause hearing date, and returns of service must be filed at least 48 hours before the hearing or the hearing will not be calendared.

The date must be contained in the proposed order and returns of service must be filed at least 48 hours prior to the hearing time or the hearing will NOT be set on court calendar.

Applies to

Show cause motion

To remove or reset an already scheduled hearing, the party must file the proper motion and associated documents, such as an affidavit, and obtain a ruling.

Proper motion and associated document(s), i.e., affidavit, must be filed and ruled on to remove or reset a hearing that is already scheduled.

Applies to

Notice of settlement or general judgment of dismissal

The plaintiff must file either a Notice of Settlement or a General Judgment of Dismissal.

The plaintiff is to file a Notice of Settlement or General Judgment of Dismissal.

Applies to

Notice of Competing Case and Request for Hearing

An expedited-hearing request must include the prescribed Notice of Competing Case and Request for Hearing, Declaration, and proposed order.

Parties seeking an expedited hearing under this rule must present a Notice of Competing Case and Request for Hearing in the form attached to and incorporated into this order as Form 1, accompanied by a Declaration and proposed order in the forms attached to and incorporated into this order as Forms 2 and 3, respectively.

Applies to

Out-of-state orders or judgments

Relevant out-of-state orders or judgments must be attached to the Declaration.

Any relevant out-of-state orders or judgments must be attached to the Declaration.

Applies to

Reference copies of resulting orders

After the hearing, reference copies of the resulting orders must be filed in each existing Washington County case involving the listed parties.

Reference copies of the resulting orders after hearing shall be filed in any existing Washington County cases that involve the parties listed in the Notice of Competing Orders.

Applies to

Risk assessment tool

All law enforcement must use the approved risk assessment tool county-wide for listed offenses involving intimate partners.

The court hereby adopts the attached validated risk assessment tool for use county-wide by all law enforcement in any case involving the following charges / offenses if and when they involve intimate partners:

Applies to

Risk assessment tool

For a listed charge involving intimate partners, the completed risk assessment tool must be submitted under penalty of perjury with the probable-cause affidavit when the person is booked into the Washington County Jail.

This completed risk assessment tool shall be required to be submitted as a declaration under penalty of perjury and provided along with the Probable Cause (PC) Affidavit at the time of booking a person into the Washington County Jail on any of the above charges when they involve intimate partners so that this information may be properly utilized when release decisions are made by WCSO, the Washington County Circuit Court release officers and Washington County Circuit Court judicial officers.

Applies to

Risk assessment form

The risk assessment must be completed and submitted at booking beginning September 1, 2024, and this requirement continues until further court order.

Completion of this risk assessment and submission at the time of booking shall be required as of September 1, 2024 and this requirement shall remain in effect until further order of the court.

Applies to

Risk assessment form

The responding officer or deputy must complete questions 1 through 18 with the victim regarding the suspect.

Questions 1-18 shall be completed by responding officer/deputy with Victim (V) about Suspect (S).

Applies to

Risk assessment form

The risk assessment form must be submitted at booking in every intimate-partner case.

This form is to be submitted at booking in every case involving intimate partners.

Applies to

Risk assessment tool

A completed risk assessment tool must be submitted under oath with the probable cause affidavit when booking a person on one of the listed charges involving intimate partners.

This completed risk assessment tool shall be required to be submitted and sworn to along with the Probable Cause (PC) Affidavit at the time of booking a person into the Washington County Jail on any of the above charges when they involve intimate partners so that this information may be properly utilized when release decisions are made by WCSO, the Washington County Circuit Court release officers and Washington County Circuit Court judicial officers.

Applies to

Risk assessment form

Beginning July 1, 2024, the risk assessment must be completed and submitted at booking until the court orders otherwise.

Completion of this risk assessment and submission at the time of booking shall be required as of July 1, 2024 and this requirement shall remain in effect until further order of the court.

Applies to

Risk assessment form

The responding officer or deputy must complete Questions 1 through 18 with the victim regarding the suspect.

Questions 1-18 shall be completed by responding officer/deputy with Victim (V) about Suspect (S).

Applies to

Risk assessment form

The risk assessment form must be submitted at booking in every case involving intimate partners.

This form is to be submitted at booking in every case involving intimate partners.

Applies to

Motion

Must include

proposed order

Motions concerning ORS 161.365 or ORS 161.370 fitness proceedings must be supported by a non-confidential declaration and a proposed order.

When Motions are filed related to ORS 161.365 and ORS 161.370 proceedings, such motions shall still be required to be supported by a non-confidential declaration and proposed Order.

Applies to

Declaration

The non-confidential declaration must identify the confidential supporting documents filed with the motion.

The non-confidential Declaration shall indicate the confidential supporting documents being filed in support thereof (e.g. “Declaration of Counsel Containing Confidential Medical Information” or “Confidential Psychological Evaluation”)

Applies to

Confidential supporting document

Each confidential supporting document must be filed separately and cite PJO 360 as the basis for confidential filing.

each shall be filed as a separate confidential document citing this Presiding Judge Order, PJO 360, as the basis for the confidential filing.

Applies to

Application for court appointed counsel

An indigent defendant seeking appointed counsel must complete and submit a court-appointed counsel application before appointment, although the court may waive that requirement for good cause.

Defendants who wish to have court appointed counsel shall complete an application for court appointed counsel prior to the appointment of counsel. The application is available online here: IN THE CIRCUIT COURT OF THE STATE OF OREGON. Defendants may also submit paper applications at the Washington County Law Enforcement Center (LEC). The requirement for the completion of an application may be waived for good cause by the court.

Applies to

Expedited filing

An expedited filing submitted through the eFiling system must include the words "EXPEDITED CONSIDERATION REQUESTED" in the Filing Comments field.

(a) Must include the words "EXPEDITED CONSIDERATION REQUESTED" in the Filing Comments field when submitting the filing; and

Applies to

Proposed trial date beyond nine months

Must include

proposed order

A proposed civil trial date beyond nine months requires a motion, affidavit, and proposed order for the Presiding Judge's review.

Any proposed trial dates beyond 9 months from case initiation require a motion, affidavit and proposed order, which will be reviewed and ruled on by the Presiding Judge.

Applies to

Motion to withdraw

An attorney seeking to withdraw before all pending matters conclude must file a motion, declaration, and proposed order to withdraw.

An attorney-of-record who wishes to withdraw before the conclusion of all pending matters must file a Motion, Declaration and [Proposed] Order to Withdraw.

Applies to

Notice of substitution of attorney

A substituting attorney must promptly file a notice of substitution and copy the former attorney and the opposing party or their attorney if represented.

An attorney substituting into a case must promptly file a Notice of Substitution of Attorney, copy the former attorney and the opposing party or their attorney if they are represented.

Applies to

Notice of substitution

Substituting criminal counsel must file a notice of substitution containing a certification or notice to current counsel and an order allowing substitution.

Any substituting counsel must file a Notice of Substitution which includes a certification or notice to the current counsel, together with an Order Allowing Substitution.

Applies to

Civil stipulated trial date

Civil stipulated trial dates must be scheduled within nine months after case initiation.

Civil stipulated trial dates need to be within 9 months from case initiation.

Applies to

Motion and order to set aside default or dismissal

Must include

certificate of conference

A motion and order to set aside a civil default judgment or dismissal must certify the moving party's good-faith effort to notify opposing parties of their opportunity to object.

When filing a motion and order to set aside a civil default judgment or dismissal pursuant to ORCP 67 and 69, the moving party shall certify that they made a good faith effort to notify the opposing parties of their opportunity to object.

Applies to

Ex parte motion

Must include

certificate of service

Every motion presented ex parte must include an attached certificate of service stating the service details or that no service was made when appropriate.

Any motion which is to be presented ex parte shall have attached to it a certificate of service which shall include the date, time, and manner of service upon the opposing party, the party’s attorney, or that no service was made, if appropriate.

Applies to

Joint adr certificate

Must include

caption

In every covered civil case, the parties must file a Joint ADR Certificate no later than 60 days before the first court-set trial date, either certifying ADR participation or explaining in reasonable detail why ADR should not proceed.

In every civil case subject to this rule, not later than 60 days prior to the first trial date set by the court, the parties must file a Joint ADR Certificate certifying that the parties have engaged in some form of ADR or setting forth in reasonable detail why ADR cannot or should not be pursued.

Applies to

Adr certificate

When a party cannot obtain another party's participation after reasonable conferral efforts, each participating party must file an individual ADR Certificate describing those efforts and otherwise satisfying the Joint ADR Certificate requirements.

If, after reasonable efforts to confer, a party is unable to get any other party to participate in filing a Joint ADR Certificate, all parties that have participated must file an ADR Certificate that otherwise satisfies Section (1)(a) of this rule and sets forth in reasonable detail the efforts made to confer with any non-participating party.

Applies to

Subpoena duces tecum

A party seeking pretrial production of records through a subpoena duces tecum must first obtain an authorizing court order.

A party may not issue such a subpoena duces tecum without first obtaining an authorizing order from the court.

Applies to

Motion for court authorization to issue subpoena duces tecum

Before obtaining authorization to issue a subpoena duces tecum, the requesting party must file a motion with the specified title.

Prior to issuance of a subpoena duces tecum, the party shall file a motion titled Motion for Court Authorization to Issue Subpoena Duces Tecum for Pretrial Production.

Applies to

Motion for court authorization to issue subpoena duces tecum

The motion caption must state whether either party requests a hearing, using language such as “Hearing Requested” or “No Party Requests a Hearing.”

A statement in the caption regarding whether either party requests a hearing (e.g., “Hearing Requested” or “No Party Requests a Hearing”);

Applies to

Motion for court authorization to issue subpoena duces tecum

The motion's first paragraph must identify the type of records sought.

A statement in the first paragraph identifying the type of records sought (e.g., CARES file, DHS reports, counseling records, medical records, school records, etc.);

Applies to

Motion for court authorization to issue subpoena duces tecum

The motion must include a brief factual summary explaining the relevance of the requested records and a supporting affidavit providing a basis for the factual assertions.

A brief factual summary of how the requested records are relevant to the issues in the case along with an Affidavit in support of the motion providing a basis for any factual assertions;

Applies to

Motion for court authorization to issue subpoena duces tecum

The motion must state the legal authority supporting issuance of the proposed subpoena duces tecum.

A statement of the legal authority for the issuance of the proposed subpoena duces tecum;

Applies to

Motion for court authorization to issue subpoena duces tecum

The motion must include a copy of the proposed subpoena duces tecum with the appearance date and time left blank.

A copy of the proposed subpoena duces tecum with the date and time of the appearance left blank; and

Applies to

Motion for court authorization to issue subpoena duces tecum

Must include

proposed order

The motion must include a proposed order authorizing issuance of the subpoena duces tecum or, when appropriate, a proposed protective order.

A proposed Order authorizing the issuance of subpoenas duces tecum (or a proposed Protective Order when appropriate).

Applies to

Motion to reset

A family-law motion to reset must identify whether custody or parenting time is at issue, state the filing date of the action for which postponement is sought, and comply with SLR 8.015.

(8) All motions to reset filed in family law cases must state whether custody or parenting time are at issue, must state the date of filing of the action for which postponement is sought, and must comply with SLR 8.015.

Applies to

Motion to reset

A motion to reset filed after notice of the court date must use the form required by UTCR 6.030.

(a) Motions to reset filed after the notice of court date shall be in the form required by UTCR 6.030 and shall be served on the adverse parties.

Applies to

Motion to reset

A reset motion conflicting with an in-custody trial will be granted if the requesting party certifies in writing that both cases will proceed to trial as scheduled.

(b) Motions will be granted in cases where there is a conflict with an in-custody trial. The party requesting the reset shall certify in writing that both cases will go to trial as scheduled.

Applies to

Preliminary utcr 8 010 3 assets and liabilities statement

Each party must provide the court and opposing party with a preliminary UTCR 8.010(3) assets and liabilities statement in every case and a uniform support declaration in support cases.

Each party shall provide to the court and the opposing party a preliminary UTCR 8.010(3) assets and liabilities statement and a uniform support declaration in support cases.

Applies to

Proposed order

Must include

proposed order

When a stipulated reset would exceed a statutory hearing timeframe, the proposed order must include the affected party’s express waiver for good cause.

If a stipulated reset is filed and, if granted, would result in exceeding statutory timeframes for holding certain hearings (e.g., request for hearing on immediate danger order, enforcement of parenting time, request for hearing on issuance of protective order) the proposed order shall include an express waiver by the party entitled to the statutory timeframe for good cause.

Applies to

Prejudgment relief motion

Must include

proposed order

Prejudgment-relief applications in domestic-relations cases must be made by a motion for a show-cause order supported by a declaration, and the order must separately state each requested item of relief.

All applications for prejudgment relief in domestic relations cases must be by motion for a show cause order with supporting declaration and the order must state separately each item of relief requested by the moving party.

Applies to

Show cause order

A show-cause order may not describe the requested relief by incorporating or referring to a supporting affidavit.

Such orders may not state the requested relief by reference to a supporting affidavit.

Applies to

Show cause order

Every prejudgment-relief show-cause order must specify the other party’s appearance date, time, and courtroom, using information from the judge responsible for the case.

All show cause orders for prejudgment relief shall specify a date, time and courtroom for the other party to appear. This information shall come from the judge responsible for the case.

Applies to

Pendente lite child support motion

A party seeking pendente-lite child support must file a Uniform Support Declaration with the motion, supporting affidavit or declaration, and show-cause order, and must serve the USD with those documents.

A party seeking child support in a pendente lite motion shall file a Uniform Support Declaration with the motion, affidavit/declaration in support, and show cause order, and serve the USD with those documents.

Applies to

Motion

Must include

proposed order

A motion filed without a proposed show-cause order will be rejected.

Any motion filed without a proposed show cause order will be rejected.

Applies to

Judgment modification motion

Must include

proposed order

Domestic-relations judgment-modification applications must be made by a motion for a show-cause order with supporting affidavits, including Uniform Support Declarations when required by UTCR 8.010(1).

All applications for judgment modification in domestic relations cases must be by motion for a show cause order with supporting affidavits, including Uniform Support Declarations as required by UTCR 8.010(1).

Applies to

Show cause order

A judgment-modification show-cause order must separately state each requested item of relief and may not describe the relief by reference to a supporting affidavit.

The order must state separately each item of relief requested by the moving party. Such orders may not state the requested relief by reference to a supporting affidavit.

Applies to

Show cause order

Every judgment-modification show-cause order must specify the other party’s appearance date, time, and courtroom using information from the responsible judge and include notice substantially in the ORCP 7 form.

All show cause orders for judgment modification shall specify a date, time, and courtroom for the other party to appear. This information shall come from the judge responsible for the case. The show cause order must contain a notice substantially in the form set out in ORCP 7.

Applies to

Judgment modification motion

A moving party filing a judgment-modification motion involving custody or parenting time must simultaneously file a motion for mediation or a waiver of mediation under SLR 12.013(5).

For modification motions involving custody or parenting time issues the moving party shall simultaneously file a motion for or waiver of mediation per SLR 12.013(5).

Applies to

Judgment modification motion

Failure to file the required mediation motion or waiver results in rejection of the motion to modify.

Failure to file said motion shall result in the court rejecting the motion to modify.

Applies to

Proposed order

Must include

certificate of service

An ex parte proposed judgment or order must include a UTCR 5.100 certificate of readiness and a certificate of service stating the details or applicable absence of service.

(4) Any proposed judgment or order which is to be presented ex parte shall include a certificate of readiness under UTCR 5.100, along with a certificate of service which shall include the date, time, and manner of service upon the opposing party, the party’s attorney, or that no service was made, if appropriate.

Applies to

Certificate

The Certificate of Service must contain prescribed language identifying whether service or notice was given and specifying its date, time, and method.

The following shall be added to the Certificate of Service: "I certify that I did / did not (circle one) serve a copy or give notice of said documents to him / her (circle one) on [date] at [time] AM / PM (circle one) by [method of service/notice] ."

Applies to

Trial process selection and waiver

Parties electing an Informal Domestic Relations Trial must file a substantially Form SLR 8.121-compliant Trial Process Selection and Waiver by the status conference or as otherwise directed before trial.

parties to domestic relations cases who wish to elect to participate in an Informal Domestic Relations Trial shall file a Trial Process Selection and Waiver in substantially the form specified in Form SLR 8.121 at or before the time of the status conference set by the court, or at such time as the court directs prior to the commencement of trial.

Applies to

Acknowledgment of restriction of assets

An acknowledgment of restriction of assets must be filed when assets are restricted by court order.

Any assets restricted by court order require filing of an acknowledgment of restriction of assets.

Applies to

Accounting

Accountings filed under ORS 125.475 and ORS 116.083 must follow Form 9.160 of the UTCR Appendix of Forms.

Accountings filed under ORS 125.475 and ORS 116.083 shall be in the form specified in Form 9.160 of the UTCR Appendix of Forms

Applies to

Accounting vouchers

Unless the court orders otherwise, vouchers must be filed as set out in UTCR 9.180.

including the requirement, absent prior court order, to file vouchers as set out in UTCR 9.180.

Applies to

Motion for substitution of counsel

Must include

proposed order

A substitution-of-counsel motion must identify the next scheduled appearance and include a declaration and separate proposed orders permitting withdrawal and appointing new counsel.

The motion must show the date of the next scheduled appearance and must be accompanied by a declaration and proposed order allowing for the withdrawal, along with a proposed order appointing new counsel.

Applies to

Motion for substitution of counsel

A substitution-of-counsel motion must contain the client’s most recent name, address, email address, and phone number.

The Motion must contain: the most recent name, address, email address and phone number of the client.

Applies to

Mediation motion

A motion requesting Conciliation Services mediation must notify the court in writing of any current FAPA or stalking order.

Parties seeking mediation services through Conciliation Services shall notify the court in writing on their motion of any current FAPA or stalking order.

Applies to

Independent mediation stipulation

When an independent mediator is selected, the parties or attorneys must file a written stipulation identifying the mediator and first-session date.

If an independent mediator is selected, the parties or their attorneys shall file with the court a written stipulation indicating the name of the mediator and the date set for the first mediation session.

Applies to

Judgment

Must include

proposed order

A proposed order for entry of judgment must accompany the electronic filing of the judgment.

Simultaneously with the electronic filing of the judgment, counsel shall electronically file a proposed order for entry of judgment.

Applies to

Initiating instrument and further pleadings

Must include

case number

The plaintiff must place the new Criminal Contempt case number on the initiating instrument and further pleadings and include the stated related-case language when the proceeding arises from an existing circuit court case.

Plaintiff shall notate the new Criminal Contempt case number on the initiating instrument and further pleadings and the words “Related to [court name] Case No. [case number] if arising from an existing circuit court case.

Applies to

Motion and declaration for reset

The reset motion and declaration form calls for the requested time extension, available and unavailable dates, requested dates, contact with the other party or the reason for no contact, the other party’s position, and a signed declaration of truth.

□ If I need more time to prepare, I am asking for this amount of time: . □ I am not available for court on the following future dates: . □ The other party is not available for court on the following future dates: . □ I/We request the following date(s) if available: . □ I have contacted the other party or the other party’s attorney, if represented, by □ telephone □ e-mail □ text □ in person □ other: or □ I have not contacted the other party because: . The other party □ agrees □ objects to my reset request. I hereby declare that the above statements are true and complete to the best of my knowledge and belief. I understand they are made for use in court, and I am subject to penalty for perjury.

Applies to

Order regarding reset

The order regarding reset must identify the requesting party, state whether the reset is allowed or denied, and, if allowed, provide a new hearing date and time.

□ Petitioner’s □ Respondent’s □ Other Party’s motion for order to reset is hereby: □ Allowed New hearing date and time: □ Court finds good cause to waive statutory time frame for hearing. □ Denied Judge Signature:

Applies to

Proposed order

The proposed order includes a UTCR 5.100 readiness certificate identifying an applicable basis for judicial signature based on party stipulation, written approval, service and objection handling, or that service is not required.

Certificate of Readiness for Judicial Signature Under UTCR 5.100 This proposed order is ready for judicial signature because (check all that apply): 1. □ Each opposing party affected by this order has stipulated to the order, as shown by each opposing party's signature on the document being submitted. 2. □ Each opposing party affected by this order or judgment has approved the order by written confirmation of approval sent to me. 3. □ I have served a copy of this order on all parties entitled to service and: a. □ No objection has been served on me. b. □ I received objections that I could not resolve with the opposing party despite reasonable efforts to do so. I have filed a copy of the objections I received and indicated which objections remain unresolved. c. □ After conferring about objections, the opposing party agreed to independently file any remaining objection. 4. □ Service is not required pursuant to subsection (3) of this rule, or by statute, rule, or otherwise.

Applies to

Risk assessment tool

When multiple officers provide information, the assessment must identify that fact in its additional-comments section.

(If information provided by multiple officers, please indicate in the additional comments section of the assessment.)

Applies to

Motion and order to set aside default or dismissal

Must include

certificate of conference

A request to set aside a civil default judgment or dismissal is returned if the required certification does not appear in the motion's body.

Requests to set aside civil default judgments or dismissals will be returned to the moving party unless the certification appears in the body of the motion.

Applies to

Settlement conference request

A request for a family-law settlement conference must be filed with the responsible judge using Form SLR 8.012.

(2) If the parties request a settlement conference, that request shall be filed with the judge responsible for that case using Form SLR 8.012.

Applies to

Statement of issues

At least one business day before the settlement conference, each attorney or party must submit a statement of the case issues directly to the settlement judge's office, not to the court clerks' office.

(5) At least one business day prior to the scheduled settlement conference each attorney or party shall submit directly to the settlement judge’s office, and not to the court clerks’ office, a statement regarding the issues in the case.

Applies to

Motion to waive status conference

A party seeking to waive a status conference may file a motion supported by a certificate stating the parties, trial information, accessibility and security needs, completion of required programs, discovery completion, trial readiness, and the lack of a useful purpose for the conference.

(4) If a party believes no purpose would be served by a status conference, that party’s attorney may file a motion to waive status conference by a certificate which shall contain at least the following information: (a) Names of the parties and their attorneys; (b) An estimate of the length of the trial, issues for court, number of witnesses and a complete list of unavailable dates; (c) Whether any interpreter will be required and, if so, for what language; (d) Whether there will be any special security requirements for the trial; (e) Whether any witness, party or other participant has any disability requiring ADA accommodation; (f) Whether the party filing the certificate has completed the family education program and mediation program required by the court; (g) A certification that discovery is complete; (h) A certification that the case is ready for trial; and (i) A certification that after good-faith consultation with the other party, in the party’s opinion, a status conference would not serve any useful purpose.

Applies to

Order

An order appointing counsel for a child in a domestic relations matter must be submitted in substantially the form prescribed by Form SLR 8.091.

(1) When legal counsel is appointed to represent a child in a domestic relations matter pursuant to ORS 107.425(6), the order shall be submitted to the court in substantially the same form as set out in Form SLR 8.091.

Applies to

Proposed order

No specific requirement is stated; the certificate asks the filer to check all applicable reasons the proposed order is ready for judicial signature.

Certificate of Readiness for Judicial Signature Under UTCR 5.100 This proposed order is ready for judicial signature because (check all that apply):

Applies to

Risk assessment form

Participation by the victim in the risk assessment is voluntary.

Victim participation is voluntary.

Applies to

Risk assessment form

The victim's participation in completing the risk assessment is voluntary.

Victim participation is voluntary.

Applies to

Mediation request

Must include

certificate of service

When custody or parenting-time disputes arise, parents or attorneys may file a request for mediation with the required certificate of service.

If there is a disagreement between the parents concerning custody or parenting time at any stage of a domestic relations proceeding, the parents, or attorneys, may sign and file with any Family Law Judge a request for mediation and certificate of service in substantially the form as that attached to these rules.