Multnomah County Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy • Chambers Drop Off
Motion
- 1 copy
- As Soon as Motion Is Filed and Hearing Date Selected
- Early Afternoon Day Prior
- Upon Filing and Date Selection
TRO Motions
- Before Ex Parte
- By Early Afternoon the Day Prior to the Hearing
- Prior to Ex Parte
Adjournments
- Parties wishing to reschedule a trial must first hold a postponement scheduling conference with the presiding judge under SLR 7.025.
- 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.
- 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.
- +43 more
Request must include
- A motion and order to reassign a summary judgment hearing to a sitting judge must be presented at ex parte within five calendar days of the initial assignment to a judge pro tempore.
- The Final Resolution date may be moved earlier for any reason or with CPC approval, but postponement is limited to two weeks and requires exceptional circumstances.
- When the lower-priority trial involves an attorney in the higher-priority trial, the judge may set new call and trial dates within 30 days, but may not set a Pretrial Conference or Final Resolution hearing.
Communication
Clerk20 contacts
Other Contacts3 contacts
Chambers1 contacts
Document Format Requirements3 rules
Documents must be one-sided for conventional filing.
No staples are allowed on documents. UTCR 2.010(3).
Documents must be one-sided for conventional filing. No staples are allowed on documents. UTCR 2.010(3).
Formatting
- •Staples are not allowed on documents
Document Filing Requirements131 rules
Generally, the clerk bases this on the caption of the document stating the statute that sets the filing fee for the proceedings. If it is a case governed by ORS 21.160 it must state the amount in controversy. The clerk does not read the body of the document. The clerk also ensures that the "party responsible for fees" is the party eFiling the document.
- Document
- Efiled document
- Placement
- Caption
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
- Document
- Third party complaint
- Placement
- Caption
If the proceeding is subject to a filing fee established under ORS 21.160, the caption must indicate the amount in controversy. The amount in controversy for a third-party plaintiff is the amount of the liability claimed from the third-party defendant up to the amount of the plaintiff's claim in the action against the third-party plaintiff.
- Document
- Third party complaint
- Placement
- Caption
A third-party complaint caption must reference the statute establishing the filing fee and, when ORS 21.160 applies, state the amount in controversy.
- Document
- Third party complaint
- Placement
- Caption
Court's wording
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.
If a defendant wants to bring another party into the action, a third-party complaint must be filed as a separate pleading
All documents filed in a habeas case must have the words "HABEAS CORPUS" in the caption.
- Document
- Habeas case document
- Placement
- Caption
Must include
- •HABEAS CORPUS
All documents filed in a habeas case must have the words “HABEAS CORPUS” in the caption.
- Document
- Habeas case document
- Placement
- Caption
Must include
- •HABEAS CORPUS
All documents filed in a post- conviction case must have the words “POST CONVICTION” in the caption.
- Document
- Post-conviction case document
- Placement
- Caption
Must include
- •POST CONVICTION
For represented petitioners, counsel alone must submit and sign all filing matters, except petitions, amended petitions, and exhibits.
Court's wording
Petitioners with attorneys, please note SLR 7.206(2) - 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.
Post-conviction petitions must be filed in the civil department as their own civil case and must mention the underlying criminal case number.
- Document
- Post-conviction petition
Must include
- •Case number
Court's wording
Post-conviction petitions and supporting documents must be filed with the civil department. An underlying criminal case number must be mentioned in the petition, but the post-conviction petition is not filed in the criminal case, and instead is its own civil case.
All documents filed in a post- conviction case must have the words “POST CONVICTION” in the caption.
- Document
- Court document
- Placement
- Caption
Must include
- •POST CONVICTION
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.
Re-assigning a summary judgment hearing from a judge pro tempore to a sitting judge requires a motion and order using Form 05-78A and B.
Court's wording
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).
The motion for leave to amend must be accompanied by all supporting affidavits and documents.
TRO motions must be submitted digitally at least 24 hours in advance, with bench copies delivered by early afternoon the day prior to the hearing.
Court's wording
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.
All ex parte motions and orders must have a UTCR 5.100 certificate of readiness.
- Document
- Ex parte motion and order
Must include
- •UTCR 5.100 certificate of readiness
All ex parte motions and orders must have a UTCR 5.100 certificate of readiness.
- Document
- Ex parte motion
Must include
- •UTCR 5.100 certificate of readiness
An appearance filed in one consolidated case does not carry over; file a copy or separate appearance document, and any required fee, in every other consolidated case.
Court's wording
If an appearance is made in only one of the cases under an order of consolidation, that appearance will not automatically be entered in any other consolidated case. A copy or separate document, together with any required filing fee, must be filed in each other case under an order of consolidation.
After an order is entered for consolidation, documents must still be filed in each case. See UTCR 2.090. The court does not have the capability to electronically copy the documents from one case to another.
Appearances do not transfer automatically between consolidated cases; a copy or separate document, with any required filing fee, must be filed in each other consolidated case.
Court's wording
If an appearance is made in only one of the cases under an order of consolidation, that appearance will not automatically be entered in any other consolidated case. A copy or separate document, together with any required filing fee, must be filed in each other case under an order of consolidation.
If both cases are subject to arbitration, then the order consolidating the cases must be filed and approved by the arbitrator.
A motion and order to consolidate must be filed in each case that is potentially being consolidated.
A motion and order to consolidate must be filed in each case that is potentially being consolidated.
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).
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).
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.
the foreign attorney must provide a declaration (see UTCR form 5.140.1c), the original foreign subpoena, and three ORCP 55-compliant Oregon subpoenas.
After remand from federal court, parties must file copies of all federal court documents in state court, and no proceedings will be set until the remand order is filed and entered.
Court's wording
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. No circuit court proceedings will be set until the federal court’s order returning the case to the state court is filed and entered in the circuit court’s register.
In order to ask for a TRO, you must have an underlying complaint. If you have already filed a complaint that has been accepted under File and Serve and have a case number, please include the case number in your motion for TRO.
- Document
- TRO motion
Must include
- •Case number
Notice to the other party of the ex parte appearance is required unless the moving party provides affidavits which fulfill the requirements set out in ORCP 79 (B)(1).
A person seeking to inspect individually identifiable health information records subpoenaed in a civil action must obtain a judge’s order allowing release of the documents.
Court's wording
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. This ensures proper notice is given to all parties interested in the confidential documents.
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 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.
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.
Before a TRO will issue, the moving party must be prepared to present a bond or deposit money into court to cover costs, damages, and attorney fees as may be incurred by a party wrongfully enjoined, unless the court order provides that no security is required under the requirements of ORCP 82 A(1). A TRO is usually not in effect until the bond is paid. The plaintiff may ask permission to deposit cash in lieu of bond.
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.
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.
The ADR activity must be completed by the case’s 365-day mark, and the certificate must be filed after completing the activity; filing it beforehand does not comply.
Court's wording
Completing an arbitration, mediation, or judicial settlement conference by the time a case reaches 365 days of age satisfies the ADR activity requirement of SLR 7.016. Filing the certificate completes the process required to comply with the rule. Filing the certificate prior to completing the activity does not comply with the rule.
A motion to file a document under seal must identify the statutory authority, explain the reason for protection, and describe the documents or materials to be sealed.
Court's wording
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.
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.
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.
- Document
- Motion to postpone trial
Must include
- •Local rule certificate
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.
- Document
- Trial postponement request
Must include
- •Local rule certificate
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.
The letter to the presiding judge should contain the following information: 1. The date trial is schedule 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;
A civil case can be dismissed as the result of the attorneys' failure to appear at call.
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.
The image will be endorsed with the required notation and filed with the judgment.
If the original instrument has been lost, the court requires that such information be submitted by an affidavit.
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.
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.
Clerks reviewing default judgments check for a filed motion, granted default order, no answer/appearance, notarized affidavits, sum-certain damages with the negotiable instrument filed, and fee authority documentation.
Court's wording
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; • 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.
Clerks reviewing default orders check for a filed motion, compliant proof of service, 30 days elapsed since service, no answer/appearance, notice-of-intent status, and required ORCP 69 affidavits including a non-military affidavit.
Court's wording
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); and • Non-military affidavit in compliance with ORCP 69(C)(1)(e) has been filed.
Non-military affidavit in compliance with ORCP 69(C)(1)(e) has been filed.
Parties seeking attorney fees and costs after the judgment has been filed must comply with ORCP 68 and UTCR 5.080.
Default judgments with damages that cannot be substantiated by documentation (e.g., punitive damages, non-monetary losses, undocumented claims, or claims requiring findings) will be unsigned pending a prima facie hearing.
Court's wording
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.
A straight-forward contract claim may be eFiled in its entirety. The presiding judge will require proof of the damages, which should be attached to a declaration or affidavit.
Clerks will only sign default judgments that fully comply with statutes, UTCRs, and ORCPs; deficient packages will be unsigned with an explanatory note or an instruction to schedule a prima facie hearing.
Court's wording
The clerks only sign default judgments that comply with all the applicable statutes, UTCRs, and ORCPs. Default orders and judgments with deficiencies will be unsigned, with a note and citation explaining the deficiency. If an aspect of the default package requires judicial review, the order/judgment will be unsigned with an instruction to schedule a prima facie hearing.
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.
Registering a foreign judgment requires a certified copy, an affidavit with parties' names and addresses, an ORS 18.042 statement, and a certification that the judgment is filed in only one Oregon court.
Court's wording
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.
To enter a foreign judgment in the judgment lien record and create a lien, the file must include the specified certified copy, affidavit, statement, and certification.
Court's wording
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.
A writ of execution must state the updated amount due, per diem, calculation date, and satisfy other statutory requirements.
Court's wording
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.
A writ of execution must state the total amount due, per diem amount, calculation date, and comply with statutory requirements.
Court's wording
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.
To obtain such a writ, present a motion, declaration or affidavit, order, and proposed writ (and a copy) at ex parte. If approved, the judge will sign the order.
To obtain such a writ, present a motion, declaration or affidavit, order, and proposed writ (and a copy) 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.
If necessary, you may submit the entire writ package to the court (by conventional filing only), which should consist of the writ, the court issuance fee, the sheriff's instructions, the check for the sheriff's fee made out to the sheriff, and a copy of the judgment.
iii. 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.
Filing & Service rules
Electronic Filing Rules
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
Oregon State Bar members must electronically file court documents unless a rule requires presentation 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 | II. Civil Filing Procedures
To obtain a case number for a civil case requiring a guardian ad litem, bring the complaint, appointment petition, supporting documents, and appointment order to ex parte.
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.
Page 14 | II. Civil Filing Procedures
A case filed using a requested pseudonym must use the same ex parte process 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 | II. Civil Filing Procedures
Petitions for writ of review must be presented at ex parte for judicial signature and case-number assignment.
Petitions for writ of review must be presented at ex parte for judicial signature and assignment of a case number.
Page 14 | II. Civil Filing Procedures
Complaints or other documents subject to conventional filing must be presented to the presiding judge at the scheduled ex parte time.
This requires presentation of the complaint or other documents to the presiding judge at the scheduled time for ex parte.
Page 14 | II. Civil Filing Procedures
Documents designated in UTCR 21.070 must be presented conventionally on paper.
Certain documents must be presented conventionally. These are designated in UTCR 21.070.
Page 14 | II. Civil Filing Procedures
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
The court prohibits filing by fax or email.
The court does not accept filing by fax or email.
Page 15 | No Filing by Fax or Email
Fee waiver and deferral applications must be prepared and filed conventionally on paper, even when the party uses 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.
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)
The first motion for continuance must be filed electronically; subsequent requests must be presented at ex parte.
The first motion for continuance must be eFiled, and subsequent requests must be presented at ex parte.
Page 20 | III. Civil Case Management
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 that are presented at scheduling conferences should 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
Filing Timing and Cure Windows
Conventionally filed documents delivered to the clerk after 5:00 PM are filed on the court’s next business day.
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 | Filing Information for Self-Represented Litigants (non-attorneys)
The cashier’s window accepts filings only during business hours, 8:00 AM to 5:00 PM Monday through Friday, excluding holidays.
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.
Page 15 | Filing Information for Self-Represented Litigants (non-attorneys)
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.
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 an eFiled document or entire envelope for unpaid or incorrect fees, missing required caption information, or an incorrect fee-responsible party.
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.
Page 16 | Filing Fee Process for eFiled Documents
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 by the scheduling-order deadline.
All trial briefs and exhibits must be submitted to the court by the deadline set in the scheduling order.
Page 23 | Petitions for Post-Conviction Relief
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 for civil and criminal cases occurs at 10:30AM (or after the call docket has concluded) 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
An allowed TRO expires after 10 calendar days unless the court changes the period, and the preliminary-injunction show-cause hearing must be scheduled before expiration.
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 | Civil Filing Procedures
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
If the case was not at issue when abated, UTCR 7.020 applies and the case will be dismissed within 28 days unless the appropriate action is taken.
Otherwise, the requirements of UTCR 7.020 will be applicable and the case will be dismissed within 28 days unless the appropriate action is taken.
Page 40 | K. Abatement And Stays
Service and Proof of Service Rules
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 plaintiff must file proof or acceptance of service within 63 days after filing the complaint.
The plaintiff has 63 days after filing the complaint to file the proof of service or acceptance of service.
Page 20 | III. Civil Case Management
The habeas clerk serves the defendant with a copy of the order to show cause.
The habeas clerk will serve a copy of the order upon the defendant.
Page 22 | Writs of Mandamus or Habeas Corpus
The petitioner must send the defense attorney copies of every document filed with the court.
Petitioner must also send copies of all documents filed with the court to the defense attorney.
Page 23 | Petitions for Post-Conviction Relief
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 party seeking ex parte relief in a criminal or civil matter must give the opposing party or their attorney at least one judicial day’s notice.
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 | a. Notice Requirements
A party seeking family law ex parte relief must give the opposing party two working days’ notice of the date, time, and court where relief will be sought.
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 | a. 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
A TRO request is presented at civil ex parte, and the other party must receive notice of the appearance unless the moving party provides affidavits satisfying ORCP 79 (B)(1).
Requests for issuance of a Temporary Restraining Order (TRO) are presented at civil ex parte. Notice to the other party of the ex parte appearance is required unless the moving party provides affidavits which fulfill the requirements set out in ORCP 79 (B)(1).
Page 38 | Temporary Restraining Orders
A preliminary-injunction show-cause order must provide five days’ notice of the hearing unless the court shortens the 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
Show-cause hearings for judgment debtors or garnishees in circuit-court civil matters other than small claims require at least seven days’ notice, or a longer statutory notice period.
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
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
At least 30 days must have elapsed since service before a default order is allowed.
30 days have elapsed since service;
Page 46 | V.D. Clerk’s Review Of Default Judgments
Filing Fees and Waivers
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
A document may be returned or rejected and not filed unless accompanied by the fee or an order waiving or deferring it.
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 | Satisfying Filing Fee Requirement
Most initial filings require payment of a filing fee before a case number is assigned.
Most initial filings in cases require payment of a filing fee. These fees must be paid before a case number is assigned.
Page 16 | 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
Trial and hearing fees must be paid before the trial or hearing begins.
Trial fees and hearing fees must be paid prior to the beginning of the trial or hearing. SLR 6.025.
Page 16 | 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
A party unable to pay case fees may apply for a fee deferral or waiver.
If a party to a case is unable to pay the case fees, that party may apply for a fee deferral or waiver.
Page 17 | C. Fee Deferrals Or Waivers
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
Trial fees may be reimbursed when all claims are decided without trial, but a motion supported by an affidavit must be presented in person at ex parte within 15 days after judgment.
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. The motion must be filed not more than fifteen (15) days after entry of judgment disposing of the action or proceeding.
Page 18 | C. Fee Deferrals Or Waivers
A third-party defendant appearing in a circuit-court civil action must pay the filing fee if the defendant has not already appeared.
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.
Page 19 | II. Civil Filing Procedures
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
A third-party plaintiff must pay a filing fee when filing a complaint that adds another individual or entity to the case.
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 | II. Civil Filing Procedures
A 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 | Writs of Review
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
Courtesy Copy Requirements
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
After filing and selecting a hearing date, the parties must promptly provide the motions judge with hard-copy judge’s copies unless the judge has declined them.
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 | Contested Motions
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.
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
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.
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
Parties must continue to deliver judge’s copies of filings to the motions or trial judge despite electronic filing.
Electronic filing has not removed the requirement that parties deliver judge’s copies of filings to the motions or trial judge.
Page 34 | 7. Judge’s Copies of Documents Should be Delivered to the Judge’s Office
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.
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
Bring bench copies of the motion for the judge’s review.
You must bring bench copies of your motion for review by the judge.
Page 38 | 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')
Providing bench copies to the presiding judge before ex parte proceedings for TROs is strongly encouraged.
Providing bench copies to the presiding judge prior to ex parte for TROs is strongly encouraged.
Page 15 | Temporary Restraining Order/ Preliminary Injunction
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
For a contested motion, the petitioner should include a hearing-date request letter and send the judge a paper courtesy copy of the motion.
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 | Petitions for Post-Conviction Relief
Bench copies should also be delivered by early afternoon the day prior to the hearing, at the very latest.
Bench copies should also be delivered by early afternoon the day prior to the hearing, at the very latest.
Page 28 | Ex Parte Motions
Obtain specific permission from the judicial assistant before sending a judge’s copy by fax or email.
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
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
Sealing & Redaction Procedures
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
An order sealing documents must be narrowly tailored to withhold only information authorized by law to be sealed.
Any order granting a motion to file documents under seal must be narrow in scope to ensure that the only information withheld from public inspection is information expressly authorized by law to be sealed. 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
After the judge signs the sealing order, submit the unredacted original in a 9-by-12-inch envelope with the signed order affixed and file a redacted or altered version in its place; a slip sheet is insufficient unless authorized.
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.
Page 41
To file a document under seal, parties must conventionally present a motion and proposed order to the assigned motions judge, and the motion must state the statutory authority, reason for protection, and materials to be sealed.
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
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
A protective order alone is insufficient to establish a basis for sealing a document designated 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
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
Filing Bundling Requirements
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
All documents associated with a sealed filing must be filed together conventionally with the Civil Department.
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
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.
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
When a document to be sealed is part of a larger pleading, file all documents with the court at the same time.
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
Pre-Motion Conference Requirements
Parties seeking complex-case designation must have a conference with the presiding judge.
To obtain designation of their case as a complex case, the parties must have a conference with the presiding judge.
Page 21 | Complex Case Designation
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
All counsel must attend the conference for complex-case designation.
All counsel must be present.
Page 21 | Complex Case Designation
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
To obtain a judge for a contested motion before the case is at issue, a party may request assignment ex parte after giving the other parties at least one judicial day’s notice.
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.
Page 24 | Assignment of a Motions Judge – SLR 5.014
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.
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
The presiding judge requires all attorneys or self-represented litigants to appear at the hearing.
The presiding judge requires all attorneys or self-represented litigants to appear at the hearing.
Page 28 | 4.c. Complex Case Designation Request
Both contested and stipulated civil trial postponements require a scheduling conference.
A scheduling conference is required for both contested and stipulated postponements.
Page 28 | Motions Heard by Presiding Judge at Scheduling Conferences
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 listed motions 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
A motions judge must hear both contested and stipulated motions to consolidate.
Both contested and stipulated motions to consolidate must be heard by a motions judge.
Page 35 | D. Consolidating Cases
During an abatement’s inactive period, parties may not appear for hearings or engage in motion practice, but may pursue discovery by agreement.
If abatement is allowed, the parties may not appear before the court for a hearing of any kind during the inactive period; the parties by agreement may pursue discovery, but no motion practice of any kind will be allowed.
Page 39 | K. Abatement And Stays
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)
At assignment, an attorney seeking a change of judge must immediately announce that intention to the presiding judge and follow the cited procedures for timeliness.
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 | D. Daily Call
Adjournment & Extension Requirements
A plaintiff may seek a good-cause continuance; the first continuance motion must be eFiled, later requests presented at ex parte, and the continuance runs from the order-signing date.
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 | III. Civil Case Management
Parties seeking to reschedule a trial must hold a postponement scheduling conference with the presiding judge.
Parties wishing to reschedule a trial must hold a postponement scheduling conference with the presiding judge. SLR 7.025.
Page 21 | Stipulated Trial Setting Orders
A motion and order to reassign a summary judgment hearing to a sitting judge must be presented at ex parte within five calendar days of the initial assignment to a judge pro tempore.
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 | Re-assigning to a sitting judge
A request to reschedule a summary judgment hearing assigned to a pro tempore judge must be presented ex parte to the presiding judge with a motion and signed order.
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.
Page 26 | Rescheduling
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
Parties requesting a continuance under UTCR 6.020(2) must explain why they cannot meet its requirements.
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 | Continuance of UTCR 6.020
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 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.
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
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.
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
A motion to postpone a civil trial must be presented at a scheduling conference with the presiding judge.
A motions to postpone a civil trial must be presented at a scheduling conference with the presiding judge. See SLR 7.025.
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
After assignment to a trial judge, a postponement request based on extraordinary circumstances is referred to the presiding judge for a set-over decision.
If extraordinary circumstances arise and the parties must ask for a postponement after the case has been assigned to the trial judge, the trial judge will send the parties to the presiding judge to decide if the case should be set-over.
Page 44 | H. Postponement After Case Assigned At Call
Only the presiding judge may postpone a proceeding assigned from that judge’s call docket.
Only the presiding judge may postpone a proceeding assigned from the presiding judge’s call docket.
Page 44 | H. Postponement After Case Assigned At Call
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
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.
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.
Criminal cases
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.
Criminal cases
Page 9 | VII. FINAL RESOLUTION DOCKET
Chambers Communication Rules
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
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.
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
A party seeking expedited treatment must call the motions judge’s staff and 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.
Page 24 | Expedited Hearing on Civil Motion – SLR 5.015
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.
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
For remote ex parte appearances, parties must give presiding clerks 24-hour notice and email the documents to the Presiding Court staff.
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.
Page 28 | Ex Parte Motions
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
The moving party must contact the assigned motions judge to schedule the motion for 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.
Page 34 | 6. Set Motion with Motions Judge
If parties confer before the Pretrial Conference, e-file a Joint Status Report by 9:00 am the day prior, and call or email the high-volume case processing unit by 10:30 am the day prior, the conference will be cancelled.
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.
Criminal cases
Page 8 | VI. PRETRIAL CONFERENCE DOCKET
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
Criminal cases
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 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.
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
To schedule a hearing, parties should send an email to mul.civil@ojd.state.or.us.
To schedule a hearing, parties should send an email to mul.civil@ojd.state.or.us.
Page 26 | Motions for Summary Judgment