Washington County Circuit Court Service and Proof of Service Rules

The plaintiff is responsible for notifying any parties who appear after the trial date has been set.

The plaintiff is responsilbe for notifying parties who make an appearance after the trial date is set.

Deadline

48 hours

Applies to

Returns of service

Returns of service for a show-cause motion must be filed at least 48 hours before the hearing; otherwise, the hearing will not be placed on the court calendar.

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.

At filing, the filing party receives the required mediation notices and must serve a copy on the defendants.

The clerk of the court ensures that the filing party receives these notices at time of filing and directs the filing party to serve a copy of the notice to the defendant(s).

When filing a reset request based on entry into or compliance with the Deflection Program, the Coordinator or designee must provide the cited person with notice of the next court date.

The Washington County Deflection Coordinator, or their designee, when filing a reset request based on either entry into deflection, or compliance with deflection program requirements, is hereby required to provide notice of the next court date to the cited person.

Applies to

Mediation form

A filing party receiving the mediation form must serve it on the responding party.

Important Notice: If you are receiving this form as the filing party, you must serve this form on the responding party.

Applies to

Motion to disqualify judge

A motion to disqualify a judge must be served on every opposing party, and a copy must be delivered to chambers for the affected judge.

(3) Motions to Disqualify Judge pursuant to ORS 14.250-270 shall be served on all opposing parties and a copy served upon the affected judge by delivery to chambers.

A motion to withdraw must include specified party and substitute-attorney contact information and any scheduled trial or hearing date, and must be served on the party and opposing counsel or the opposing party when unrepresented.

The Motion to Withdraw must contain the contact information of the party, including their mailing address, email address if known, and their telephone number. If a new attorney is being substituted, the contact information of the new attorney shall be included. The notice shall include the date of any scheduled trial or hearing. It must be served on the party and the opposing party’s attorney. If no attorney has appeared for the opposing party, the application must be served on the opposing party.

A notice of withdrawal may be submitted only when no matters are pending, must state that fact and include the party's contact information, and must be served on all parties.

A Notice of Withdrawal of Attorney may only be submitted when there are no pending matters. The Notice must state that there are no pending matters and must include the contact information of the party including their mailing address, email address if known, and their telephone number. The Notice must be served on all parties.

Deadline

48 hours

Applies to

Civil show cause motion hearing

Proof of Service must be filed with the court 48 hours before the reserved civil show-cause hearing date.

Proof of Service must be filed with the court 48 hours prior to the reserved hearing date.

Deadline

24 hours

Applies to

Ex parte motion

When service is required for an ex parte matter, it must be completed at least 24 hours before the appearance unless an emergency exists or service is impossible.

When service is required, it must be completed at least 24 hours prior to the ex parte appearance unless it is an emergency or service is not possible.

Applies to

Motion for court authorization to issue subpoena duces tecum

A copy of the motion seeking authorization to issue a subpoena duces tecum must be served on all opposing parties.

A copy of the Motion shall be served on the opposing parties.

Applies to

Motion to reset

A motion to reset filed after notice of the court date must be served on the adverse parties.

(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.

A domestic-relations reset request must include a certificate of service stating the date, time, and manner of service, or stating that no service was made when appropriate.

A certificate of service shall be attached including the date, time and manner of service on the opposing party, the party’s attorney, or that no service was made, if appropriate.

When service is required for a domestic-relations reset, it must be completed at least 24 hours before the ex parte appearance, except for five-day contested hearings in Family Abuse Prevention Act cases.

When service is required, it must be completed at least 24 hours prior to the ex parte appearance except for 5 day contested hearings in Family Abuse Prevention Act cases.

Applies to

Prejudgment tro or emergency custody motion

When the stated respondent-service or respondent-request condition is met, parties seeking a prejudgment TRO or emergency custody order must give the other party or that party’s attorney reasonable notice of the appearance information and the basic relief requested.

Parties seeking prejudgment TRO (temporary restraining order) or emergency custody orders, reasonable notice of the date, time, courtroom for the other party to appear, together with the basic content of the relief sought, must be given to the other party or that party’s attorney if: The respondent has been served with summons and petition, or the respondent is seeking the relief.

Applies to

Motion

A motion to transfer must be scheduled as a show-cause hearing, and the moving party must ensure proper service under ORCP 7.

The motion to transfer shall be scheduled as a show cause hearing and the moving party shall assure proper service under ORCP 7.

Applies to

Petition

The copy of the family education notice marked for the respondent must accompany the petition served on the respondent.

The copy marked “Copy for Respondent” shall be included with the petition served upon respondent.

Applies to

Petition

The petitioner’s return of service must state that the respondent received the notice with the summons and petition or other pleading requesting relief.

The petitioner’s return of service shall indicate that the respondent was served a copy of the notice at the same time as the summons and petition or other pleading requiring relief.

Applies to

Mediation application

A request for mediation when a stalking order exists must be made in writing, identify the order, and give the other party at least 14 days' prior notice.

In cases in which one party has obtained a stalking order against the other party, the court may allow the parties to attend orientation and mediation sessions with Conciliation Services upon written motion. The party seeking mediation shall point out the existence of the stalking order to the court and provide not less than 14 days prior notice of his or her application for mediation services to the other party.

Applies to

Independent mediation stipulation

After selecting an independent mediator following a Conciliation Services referral, the parties must also send the required stipulation to Conciliation Services.

If the parties select an independent mediator pursuant to this rule after a referral has been made to Conciliation Services, they shall comply with SLR 12.014(2) and send a copy of the stipulation to Conciliation Services.

Deadline

2 court days

Applies to

Return of service

Returns of service and supporting declarations in Forcible Entry and Detainer cases must be filed no later than two judicial days before the first scheduled appearance.

18.005 FORCIBLE ENTRY AND DETAINER (FED) RETURNS OF SERVICE Returns of service and declarations in support of default order and judgment in Forcible Entry and Detainer cases must be filed with the court not later than two (2) judicial days prior to the first scheduled appearance date.

Applies to

Proposed order

The readiness certificate may certify that a copy of the proposed order was served on every party entitled to service, subject to the stated alternatives and service exception.

3. □ I have served a copy of this order on all parties entitled to service and:

Applies to

Proposed order

Service

Mail

The proposed order is served by placing a true and complete copy, and, when the other party is unrepresented, a Notice of Proposed Judgment or Order, in the United States mail.

Certificate of Service under UTCR 5.100 I certify that on (date): I placed a true and complete copy of this proposed order and □ a Notice of Proposed Judgment or Order (if the other party is not represented by an attorney), in the United States mail to (name) at (address)

Applies to

Trial process selection and waiver for idtr

Service

Mail to all parties

The signer must certify that a true and complete copy of the trial-process selection and waiver was mailed to the other party or that party’s attorney.

I certify that on (date): I placed a true and complete copy of this document to the other party or the other party’s attorney, in the United States mail to (name) at (address)

Applies to

Reset request

When filing a Deflection reset request based on entry into the program or compliance with its requirements, the coordinator or designee must notify the cited person of the next court date.

The Washington County Deflection coordinator, or their designee, when filing a reset request based on either entry into deflection, or compliance with deflection program requirements, is hereby required to provide notice of the next court date to the cited person.

Applies to

Motion

A party filing a motion must serve a copy on the other side and provide an opportunity to respond.

If you file a motion, you must “serve” a copy on the other side and give them a chance to respond, and if they file a motion, they must do the same.

Applies to

Motion

A motion requesting telephone testimony must be served on the opposing party or their attorney before trial.

You must file a special request with the court (a document usually called a “motion”) and serve a copy on the other party or his/her attorney before the trial.

Applies to

Exhibits

A party planning to present written documents at trial must provide a copy to the opposing party.

If you plan to show these documents to the judge, you must provide a copy to the other party.

Eligible hearings may proceed remotely without an ORS 45.400 motion if the attorney or party gives advance notice and provides full contact information for the remote participant.

3. Pursuant to Chief Justice Order No. 23-028, which authorizes and encourages the Presiding Judge to allow certain circuit court proceedings to be held remotely, the following types of hearings may be held remotely without the need to file a motion pursuant to ORS 45.400, so long as the attorney or party provides advance notice to the court and includes full contact information for the party appearing remotely:

For remote-appearance matters not requiring a motion, parties must provide notice in the manner prescribed by court guidelines.

5. Providing Notice to the Court: For matters designated as not requiring a motion for remote appearance, parties shall provide notice in such manner as the court-provided guidelines require.

Applies to

Trial memorandum

If a party files a trial memorandum, the other party must be served with a copy at the same time.

Even if the court does not require a “trial memoranda,” you may file one with the clerk, but be sure to serve the other party with a copy at the same time.