Multnomah County Circuit Court Adjournment & Extension Requirements

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

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).

CRITICALCriminal cases

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

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

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

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

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

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

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

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

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

If the judge continues a case as a remedy for a discovery violation, the parties must report to CPC for new dates.

If the trial judge decides to continue the case as a remedy for a discovery violation, the parties shall report to CPC for new dates.

CRITICAL

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.

CRITICALCriminal cases

Setover motions are prohibited at Call unless compelling circumstances could not have been addressed through an earlier continuance motion.

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

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

The court may deny setovers that would extend a case beyond the applicable date or make it date certain; once date certain, trial continuances are allowed only for exceptional compelling circumstances.

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

CRITICALCriminal cases

If the lower-priority trial does not involve an attorney in the higher-priority trial, the parties must report to CPC for assignment to another judge or for a setover.

If the lower-priority trial does not involve an attorney in the higher-priority trial, the parties must report to CPC for assignment to another judge or setover.

CRITICALCriminal cases

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

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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).

CRITICALCriminal cases

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

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

CRITICAL

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.

CRITICALCriminal cases

A case resulting in a mistrial must be returned to CPC for new dates.

If a case results in mistrial, it must be returned to CPC for new dates.

WARNING

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

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

WARNINGCriminal cases

There is no automatic number of setovers; setover decisions are guided by the Continuance Policy and case-specific considerations, including case age and disposition standards.

There are no automatic number of setovers for either side. The court’s decision will be guided by the Court’s Continuance Policy, (under review), which accounts for the age of the case and the OJD Time to Disposition standards, among other considerations.

WARNING

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

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

WARNING

If the 14-day filing period for the fee statement has run, the party may request an extension of time.

In addition, under ORCP 68 C(4)(a), if the fourteen days for filing have run, the party may request the court to extend the time for filing.

WARNING

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

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

WARNING

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

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

WARNING

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

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

WARNING

Cases subject to arbitration must be stayed under ORS 36.625; stipulated stay requests are presented at ex parte, while opposed stay requests require a formal hearing scheduled through the motions judge under SLR 5.015.

ORS 36.625 requires a stay of a case for arbitration if the claim is subject to arbitration. If a stay request pursuant to ORS 36.625 is opposed, a formal hearing should be scheduled through the motions judge and the requirements of SLR 5.015 should be followed. A stipulated request for stay for binding arbitration should be presented at ex parte.

WARNING

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

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

WARNING

Rescheduling a summary judgment hearing scheduled with a sitting judge must be handled through that judge’s department.

If a motion for summary judgment has been scheduled with a sitting judge, any rescheduling must be done through that department.

WARNING

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

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

WARNING

Only the presiding judge may postpone a proceeding assigned from the call docket; postponement requests after assignment to the trial judge, based on extraordinary circumstances, are referred to the presiding judge to decide.

Only the presiding judge may postpone a proceeding assigned from the presiding judge's call docket. ORS 1.171(3). 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.

WARNING

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

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

WARNING

Pursuant to SLR 7.055(7) the presiding judge may, for good cause shown, abate or remove a case from the active trial docket for a period not exceeding two years. The presiding judge generally requires the consent of all parties to abate an action. Such requests are made at ex parte. Contested abatements should be heard at a scheduling conference with the presiding judge. See Section III.4. 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.

Pursuant to SLR 7.055(7) the presiding judge may, for good cause shown, abate or remove a case from the active trial docket for a period not exceeding two years. The presiding judge generally requires the consent of all parties to abate an action. Such requests are made at ex parte. Contested abatements should be heard at a scheduling conference with the presiding judge. See Section III.4. 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.

WARNINGCriminal cases

There are no automatic setovers for either party; setover decisions are guided by the court's Continuance Policy, case age, and OJD Time to Disposition standards.

There are no automatic number of setovers for either side. The court's decision will be guided by the Court's Continuance Policy, (under review), which accounts for the age of the case and the OJD Time to Disposition standards, among other considerations.

WARNINGCriminal cases

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.

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

WARNINGCriminal cases

In exceptional circumstances, the court may continue the Pretrial Conference for one week, without changing the Final Resolution hearing date.

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.

WARNINGCriminal cases

Setovers in lower-priority trials: If the lower-priority trial involves an attorney for either the state or defense in the higher-priority trial, the trial judge may grant new call and trial dates within the next 30 days. No Pretrial Conference or Final Resolution hearing may be set. If the parties cannot select a date within the next 30 days, the parties can place the case on the next available 9 a.m. Further Proceedings docket in CPC. If the lower-priority trial does not involve an attorney in the higher- priority trial, the parties must report to CPC for assignment to another judge or setover. [Note: Witnesses may not be released without approval from the CPC judge.]

Setovers in lower-priority trials: If the lower-priority trial involves an attorney for either the state or defense in the higher-priority trial, the trial judge may grant new call and trial dates within the next 30 days. No Pretrial Conference or Final Resolution hearing may be set. If the parties cannot select a date within the next 30 days, the parties can place the case on the next available 9 a.m. Further Proceedings docket in CPC. If the lower-priority trial does not involve an attorney in the higher- priority trial, the parties must report to CPC for assignment to another judge or setover. [Note: Witnesses may not be released without approval from the CPC judge.]

WARNING

The scheduling dates may be extended for good cause on either party’s motion.

These dates may be extended for good cause on the motion of either petitioner or defendant.

WARNINGCriminal cases

If a party claims a discovery violation as a basis for a setover request, the trial judge should address the discovery dispute. In determining whether a discovery violation occurred and in determining the appropriate remedy, the trial judge may consider, among other factors, whether at the Final Resolution docket, the state confirmed discovery as complete; how long discovery has been in the possession or control of the state; whether the discovery issue was previously raised with the court; and whether the party filed a motion to compel regarding missing discovery. . If the trial judge determines that a discovery violation occurred, the trial judge should consider the appropriate remedies to address the violation. If the trial judge decides to continue the case as a remedy for a discovery violation, the parties shall report to CPC for new dates.

If a party claims a discovery violation as a basis for a setover request, the trial judge should address the discovery dispute. In determining whether a discovery violation occurred and in determining the appropriate remedy, the trial judge may consider, among other factors, whether at the Final Resolution docket, the state confirmed discovery as complete; how long discovery has been in the possession or control of the state; whether the discovery issue was previously raised with the court; and whether the party filed a motion to compel regarding missing discovery. . If the trial judge determines that a discovery violation occurred, the trial judge should consider the appropriate remedies to address the violation. If the trial judge decides to continue the case as a remedy for a discovery violation, the parties shall report to CPC for new dates.

WARNINGCriminal cases

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.

If the lower-priority trial involves an attorney for either the state or defense in the higher-priority trial, the trial judge may grant new call and trial dates within the next 30 days. No Pretrial Conference or Final Resolution hearing may be set.

INFOCriminal cases

The court may order a different date to be set where necessary or for good cause shown, providing flexibility for arraignment-scheduled court dates.

Where necessary, or for good cause shown, the court may order a different date to be set.