Multnomah County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Certificate of extension

The certificate of extension should state the original judgment’s entry date and that it remains unsatisfied.

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

CRITICAL

Applies to

Motion remedial contempt

Must include

proposed order

A motion to initiate remedial contempt for a debtor's failure to appear requires the movant to obtain an order scheduling a show cause hearing at ex parte, though the judge prefers creditors attempt multiple examinations first.

If the judgment debtor fails to appear at more than one judgment debtor examination, the judgment creditor may file a motion to initiate a remedial contempt proceeding under ORS 33.055. The movant must obtain an order scheduling a show cause hearing at ex parte. See SLR 2.501. Usually, show cause hearings are set on the presiding docket on a Thursday for a Friday. The presiding judge prefers that creditors attempt to have the debtor appear at more than one debtor examination before starting a contempt proceeding.

CRITICAL

Applies to

Motion for commission

Must include

proposed order

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).

CRITICAL

Applies to

Post conviction case document

Must include

caption

Every document filed in a post-conviction case must contain the words 'POST CONVICTION' in the caption.

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

CRITICAL

Applies to

Request for protected records

Must include

caption

Protected records require court permission and a showing that the information is unavailable by other means; contested requests go to the case’s motions judge, while uncontested requests may be heard ex parte and require an affidavit explaining necessity.

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.

CRITICAL

Applies to

Foreign judgment registration

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.

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.

CRITICALCriminal cases

Applies to

Tracking order

An order tracking a misdemeanor with a felony must state the date, time, and location of the felony’s next court date.

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.

CRITICAL

Applies to

Disbursement of funds

Must include

proposed order

An order disbursing funds is required whenever there is any question about why funds are held, to whom they should be paid, or the proportion multiple creditors should receive.

However, if there is any question as to the reason the funds are being held, to whom they should be paid, or what proportion multiple creditors should receive, an order disbursing funds is required. UTCR 1.120 sets out the steps to obtain such an order.

CRITICALCriminal cases

Applies to

Plea documents

For a permitted remote plea hearing, plea documents must be reviewed with counsel, signed by the defendant, and filed by noon on the day before the hearing.

In any circumstance where the defendant is permitted to appear remotely for a plea hearing, the plea documents must have been reviewed with counsel and signed by the defendant and filed with the court by 12PM (noon) the day prior to the hearing.

CRITICAL

Applies to

Court filing

For represented petitioners, counsel alone must submit and sign all filing matters, except petitions, amended petitions, and exhibits.

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.

CRITICAL

Applies to

Notice of substitution of counsel

When an attorney leaves a firm and another attorney takes over representation, the incoming attorney must ensure a Notice of Substitution of Counsel is filed.

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.

CRITICAL

Applies to

Writ of execution

A writ of execution must state the updated amount due, per diem, calculation date, and satisfy other statutory requirements.

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.

CRITICALCriminal cases

Applies to

Joint trial report

If a case is set for trial or unresolved after conferral, the parties must complete a Joint Trial Report certifying good-faith failed negotiations and good-faith trial readiness on the requested dates; it is not required if the defendant is reporting ready to plea.

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

CRITICALCriminal cases

Applies to

Joint status report

The parties must prepare and submit a Joint Status Report documenting the status of discovery production and transmittal of the plea offer.

The parties shall prepare and submit to the court a joint status report documenting the status of discovery production and transmittal of plea an offer. (See Addendum 2).

CRITICAL

Applies to

Show cause order

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

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

CRITICAL

Applies to

Judgment

An original negotiable instrument must be tendered before entry of a judgment based on it.

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

CRITICAL

Applies to

Judgment

A bank-supplied image of a negotiated check must bear the required notation and be filed with the judgment.

The image will be endorsed with the required notation and filed with the judgment.

CRITICAL

Applies to

Commission request

To obtain an out-of-state discovery commission in a Multnomah County case, the requesting attorney should bring a motion, affidavit, proposed order, and commission to ex parte for the specified signatures.

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).

CRITICAL

Applies to

Writ of garnishment

A garnishment filing must include the original and two copies.

The original and two copies of the garnishment are required.

CRITICAL

Applies to

Motion to reschedule summary judgment hearing

Must include

proposed order

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.

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).

CRITICAL

Applies to

Default judgment motion

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.

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.

CRITICALCriminal cases

Applies to

Tracking order

Tracking cases require a court order unless otherwise noted, and qualifying orders may be signed at any hearing.

e) All tracking cases will require a court order, unless otherwise noted. Orders may be signed at any hearing if they meet the above requirements.

CRITICAL

Applies to

Third party complaint

The caption of a third-party complaint must include a reference to the statute establishing the filing fee for the proceeding (ORS 21.105).

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

CRITICAL

Applies to

Affidavit

If the original negotiable instrument is lost, the information must be submitted by affidavit.

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

CRITICAL

Applies to

Efiled document

The eFiled document's caption must state the statute setting the filing fee (and the amount in controversy for ORS 21.160 cases), because the clerk sets the fee based only on the caption and verifies the party responsible for fees is the eFiling party.

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.

CRITICAL

Applies to

Certificate of dispute resolution participation

If the case has not concluded, parties must participate in appropriate dispute resolution and file a certificate within 365 days after the first complaint or petition is filed.

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.

CRITICAL

Applies to

Post conviction petition

Must include

case number

Post-conviction petitions must be filed in the civil department as their own civil case and must mention the underlying criminal case number.

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.

CRITICAL

Applies to

Show cause hearing submission

Must include

proposed order

Present the show-cause order at ex parte with its supporting documents and a motion for a show-cause hearing and order setting the hearing.

The order must be presented at ex parte with the supporting documents along with a Motion for a Show Cause Hearing and Order setting the hearing.

CRITICALCriminal cases

Applies to

Consent to appear through counsel

At the Pretrial Conference, the defendant must appear in person unless counsel files a defendant-signed Consent to Appear through Counsel form, and the defense lawyer must appear in person.

The defendant is required to appear in person unless the lawyer files a consent to appear through counsel signed by the defendant. (See Addendum 1). The defense lawyer is required to appear in person, with assigned counsel strongly encouraged to attend.

CRITICAL

Applies to

Ex parte motion and order

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

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

CRITICAL

Applies to

Default 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.

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.

CRITICAL

Applies to

Third party complaint

If the proceeding is subject to an ORS 21.160 filing fee, the caption must state the amount in controversy, which for a third-party plaintiff is the liability claimed from the third-party defendant up to the plaintiff's claim against the third-party plaintiff.

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.

CRITICAL

Applies to

Foreign subpoena registration

To register a foreign subpoena, the attorney must submit a declaration, the original foreign subpoena, and three ORCP 55-compliant Oregon subpoenas.

the foreign attorney must provide a declaration (see UTCR form 5.140.1c), the original foreign subpoena, and three ORCP 55-compliant Oregon subpoenas.

CRITICAL

Applies to

Ex parte motion

Must include

local rule certificate

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

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

CRITICAL

Applies to

Appearance

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.

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.

CRITICAL

Applies to

Default order

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.

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.

CRITICAL

Applies to

Writ of execution

A writ of execution must state the total amount due, per diem amount, calculation date, and comply with statutory requirements.

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.

CRITICAL

Applies to

Pre assignment request letter

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;

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;

CRITICAL

Applies to

Default judgment motion

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.

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.

CRITICAL

Applies to

Default judgment

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.

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.

CRITICAL

Applies to

Court document

Every document filed in a post-conviction case must include “POST CONVICTION” in its caption.

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

CRITICAL

Applies to

Complaint

For an action based on a negotiated check, a bank-supplied image tendered with the complaint or judgment satisfies UTCR 2.060.

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

CRITICAL

Applies to

Affidavit

A non-military affidavit complying with ORCP 69(C)(1)(e) must be filed to allow a default order.

Non-military affidavit in compliance with ORCP 69(C)(1)(e) has been filed.

CRITICAL

Applies to

Habeas case document

Every document filed in a habeas case must contain the words 'HABEAS CORPUS' in the caption.

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

CRITICAL

Applies to

Remanded case documents

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.

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.

CRITICAL

Applies to

Order to deposit funds interest bearing account

Must include

proposed order

Depositing funds into an interest-bearing account with the State Treasurer requires an order and is only available for amounts over $10,000.

An order is required to deposit funds in an interest- bearing account with the State Treasurer, and the amount to be deposited must be over $10,000. ORS 293.293(2).

CRITICAL

Applies to

Motion for reinstatement

Must include

proposed order

To reinstate a case to the active trial docket, the moving party must give prior notice to all parties and present a reinstatement motion, order, and supporting declaration at ex parte.

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

CRITICAL

Applies to

Third party complaint

A third-party complaint caption must reference the statute establishing the filing fee and, when ORS 21.160 applies, state the amount in controversy.

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.

CRITICAL

Applies to

Default judgment

Default judgment packages must include a judgment complying with ORS 18.038 and 18.042 with the money award section immediately above the judge's signature line.

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.

CRITICAL

Applies to

Foreign judgment filing

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.

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.

CRITICAL

Applies to

All documents

After a consolidation order is entered, documents must still be filed in each consolidated case because the court cannot electronically copy documents between cases.

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.

CRITICALCriminal cases

Applies to

Plea by mail

A plea by mail must include a counsel certificate confirming review with the defendant and the defendant’s signature or authorization for signature; the certificate and plea documents must be filed by noon on the day before the hearing.

A plea by mail must be accompanied by a certificate of counsel that the plea documents were reviewed by counsel with the defendant, signed or authorized for signature by the defendant, which must be filed along with the plea documents by 12PM (noon) the day prior to the hearing.

CRITICAL

Applies to

Statement for attorney fees

Parties seeking post-judgment attorney fees and costs must comply with ORCP 68 and UTCR 5.080.

Parties seeking attorney fees and costs after the judgment has been filed must comply with ORCP 68 and UTCR 5.080.

CRITICAL

Applies to

Motion to postpone trial

Must include

local rule certificate

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

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

CRITICALCriminal cases

Applies to

Joint status report

The parties must attend and may not cancel the Pretrial Conference if discovery remains outstanding or a pretrial offer has not been transmitted.

If there is any outstanding discovery, or if a pretrial offer has not been transmitted, the parties must appear for the Pretrial Conference to report to the court and may not cancel.

CRITICAL

Applies to

Release of garnishment

File a copy of the release of garnishment if the garnishment sought a property sale or a challenge was filed.

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

CRITICAL

Applies to

Temporary restraining order

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.

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.

CRITICAL

Applies to

Order to pay out funds

Must include

proposed order

Paying out funds plus interest requires an order that specifies the payee and the amounts requested including interest.

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

CRITICAL

Applies to

Order for appearance of judgment debtor

Must include

caption

the caption of the order should indicate the Multnomah County Recorder's number and the case number assigned by the county in which the underlying judgment was entered.

the caption of the order should indicate the Multnomah County Recorder's number and the case number assigned by the county in which the underlying judgment was entered.

CRITICAL

Applies to

Certificate of dispute resolution participation

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.

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.

CRITICAL

Applies to

Motion to expedite

A party seeking expedited treatment of a motion must also 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.

CRITICAL

Applies to

Notice of appearance

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.

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.

CRITICAL

Applies to

Writ of garnishment

Garnishment filings require an original and two copies, one for the garnishee and one for the judgment debtor (with a challenge form).

The original and two copies of the garnishment are required. ORS 18.650 and 18.658 set out the disposition of the copies; one to the garnishee and one to the judgment debtor. The judgment debtor’s copy of the writ must include a form to challenge the garnishment.

CRITICAL

Applies to

Writ of assistance

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

To obtain such a writ, present a motion, declaration or affidavit, order, and proposed writ (and a copy) at ex parte. If approved, the judge will sign the order.

CRITICAL

Applies to

Writ of assistance

To obtain a writ of assistance, present a motion, declaration or affidavit, order, and proposed writ with a copy at ex parte.

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

CRITICAL

Applies to

Motion to seal

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.

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.

CRITICAL

Applies to

Judgment

The original negotiable instrument must be tendered to the court before entry of judgment on the instrument.

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.

CRITICAL

Applies to

Tro

Before a TRO will issue, the moving party must be prepared to present a bond or cash deposit (cash in lieu of bond may be requested) covering costs, damages, and attorney fees, unless the order provides no security is required under ORCP 82 A(1); the TRO is usually not in effect until the bond is paid.

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.

CRITICAL

Applies to

TRO motion

Must include

case number

A TRO request requires an underlying complaint, and the case number must be included in the TRO motion if a complaint has already been filed.

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.

CRITICAL

Applies to

Consolidation order

When both cases are in arbitration, the consolidation order must be filed and approved by the arbitrator.

If both cases are subject to arbitration, then the order consolidating the cases must be filed and approved by the arbitrator.

CRITICAL

Applies to

Motion to consolidate

Must include

proposed order

A motion and order to consolidate must be filed in every case that may be consolidated.

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

CRITICAL

Applies to

Trial postponement request

Must include

local rule certificate

If trial is scheduled more than a year after the filing date, the parties must provide or reference a SLR 7.016 certificate of compliance or explain the case’s ADR plan.

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

CRITICALCriminal cases

Applies to

Plea by mail

A plea by mail must include a certificate of counsel confirming review and signature of the plea documents, filed by 12PM (noon) the day before the hearing.

A plea by mail must be accompanied by a certificate of counsel that the plea documents were reviewed by counsel with the defendant, signed or authorized for signature by the defendant, which must be filed along with the plea documents by 12PM (noon) the day prior to the hearing.

CRITICALCriminal cases

Applies to

Joint trial report

When the case is to be set for trial or remains unresolved after conferral, the parties must complete a Joint Trial Report, including specified good-faith representations when requesting Call and Trial dates; no report is required if the defendant is ready to plea.

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

CRITICALCriminal cases

Applies to

Plea paperwork

The defendant must personally have a copy of the plea paperwork available for review with the court during the plea colloquy.

The defendant must have a copy of the plea paperwork personally available to review with the court during the plea colloquy.

CRITICAL

Applies to

Motion for disbursement of sale proceeds

Disbursement of sale proceeds requires an in-person ex parte Motion for Disbursement of Sale Proceeds (SLR 2.501).

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

CRITICAL

Applies to

Third party complaint

A third-party complaint must be filed as a separate pleading; there is no combined answer-and-third-party-complaint pleading.

If a defendant wants to bring another party into the action, a third-party complaint must be filed as a separate pleading

CRITICAL

Applies to

Motion for order of appearance

Must include

proposed order

A motion for an order of appearance of a judgment debtor must be submitted with supporting documentation and a proposed order.

a motion, supporting documentation, and proposed order to the court.

CRITICAL

Applies to

Writ of garnishment

The copy of the garnishment writ for the judgment debtor must include a challenge form.

The judgment debtor’s copy of the writ must include a form to challenge the garnishment.

CRITICAL

Applies to

Motion to consolidate

Must include

proposed order

A motion and an 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.

CRITICAL

Applies to

Civil case

A civil case may be dismissed if its attorneys fail to appear at call.

A civil case can be dismissed as the result of the attorneys' failure to appear at call.

CRITICAL

Applies to

Show cause order

A Show Cause Order must state the call date, time, and room, and the date for which the hearing will be assigned.

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

CRITICAL

Applies to

Writ package

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.

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.

CRITICAL

Applies to

TRO motion

TRO ex parte appearances require notice to the other party unless ORCP 79(B)(1) affidavit requirements are met.

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).

CRITICAL

Applies to

Motion for leave to amend punitive damages

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

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

CRITICALCriminal cases

Applies to

Joint status report

The parties must prepare and submit a joint status report addressing discovery production and transmission of a plea offer.

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

CRITICAL

Applies to

Notice of substitution of counsel

When an attorney leaves a firm, the incoming attorney must ensure a Notice of Substitution of Counsel is filed or court notifications may be sent to the incorrect attorney.

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

CRITICAL

Applies to

Request to inspect health information records

Must include

proposed order

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.

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.

CRITICAL

Applies to

Habeas case document

Every document filed in a habeas case must include “HABEAS CORPUS” in its caption.

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

CRITICAL

Applies to

Motion

Must include

proposed order

An order-for-appearance motion must be submitted with supporting documentation and a proposed order.

In circuit court civil cases (except small claims), to obtain an order for appearance, eFile a motion, supporting documentation, and proposed order to the court.

WARNING

Applies to

Motion

Must include

specific language

A petitioner seeking appointed counsel may file a motion accompanied by a supporting affidavit or declaration.

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

WARNING

Applies to

Default judgment documents

In insurance subrogation cases only, no prima facie hearing is required and damages may be proven by the claims adjustor's affidavit with payout documentation.

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

WARNING

Applies to

Ex parte documents

Attorneys appearing in person for ex parte must bring the documents and need not give advance notice.

If attorneys plan to appear in person, they must bring the documents with them and do not have to give the court advance notice.

WARNING

Applies to

Attorney fee statement

The statement for attorney fees is subject to the requirements of UTCR 5.080.

UTCR 5.080 sets out the requirement for the statement for attorney fees.

WARNING

Applies to

Ready report

A ready report must identify the case, reporting side, estimated duration, trial type, and any time restrictions for a hearing shorter than a day.

The “ready” report should include: (1) the case number, (2) which side (plaintiff, defendant, or both) is reporting ready, (3) the number of days if it is a trial, or the length of time if it is a hearing; (4) whether it is a bench or jury trial, and; (4) for a hearing less than a full day, if there are any time restrictions.

WARNING

Applies to

Bankruptcy notice affidavit

Must include

case number

If the bankruptcy notice is received by a party, a copy of the bankruptcy court notice or an affidavit including the bankruptcy case number and bankruptcy court name should be provided

If the bankruptcy notice is received by a party, a copy of the bankruptcy court notice or an affidavit including the bankruptcy case number and bankruptcy court name should be provided

WARNING

Applies to

Habeas corpus petition

Must include

case number

A habeas petition must mention the underlying case number if one exists, but the petition is filed in the civil department rather than in the underlying criminal or extradition case.

If there is an underlying case (criminal or extradition) the petition must mention that underlying case number, but the habeas petition is not filed in the criminal or extradition case.

WARNING

If the moving party is unable to obtain a SCRA report, the moving party should provide substantiating facts as to why the defendant is not in the military should be provided.

If the moving party is unable to obtain a SCRA report, the moving party should provide substantiating facts as to why the defendant is not in the military should be provided.

WARNING

Applies to

Pre assignment request letter

The pre-assignment request letter should state the trial start date, estimated trial days, any request for Friday proceedings, and the names of judges who heard pretrial motions.

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;

WARNING

Applies to

Pleadings

After arbitration, parties must actively ensure the court file reflects pleadings amended during arbitration.

WARNING: On return to the trial court docket, amendments to the pleadings during arbitration will not be reflected in the court's file. You must take active steps to ensure the court file reflects the up-to-date pleadings as understood by the parties.

WARNING

Applies to

Certificate of adr participation

The ADR certificate must reflect participation in a qualifying method such as arbitration, mediation, or judicial settlement conference — negotiation between the parties alone is insufficient.

The rule provides that “appropriate dispute resolution” includes, but is not limited to arbitration, mediation, and judicial settlement conferences. The rule makes clear, with a 2003 amendment, that negotiation between the parties to reach a settlement is not sufficient participation in dispute resolution to meet this burden.

WARNING

Applies to

Non military affidavit

SCRA reports from within the past sixty days are preferred. If the moving party is unable to obtain a SCRA report, the moving party should provide substantiating facts as to why the defendant is not in the military should be provided.

SCRA reports from within the past sixty days are preferred. If the moving party is unable to obtain a SCRA report, the moving party should provide substantiating facts as to why the defendant is not in the military should be provided.

WARNING

Applies to

Stenographic record copy

A party that employs a stenographic reporter who recorded the proceedings must pay for and provide a copy of the record to the court, whether or not it was the official record.

If a stenographic reporter employed by a party recorded the proceedings (whether or not as the official record), the party employing the reporter must also pay for and provide a copy of the record made to the court. ORS 8.340.

WARNING

Applies to

Ready report

Reporting ready waives the party’s right to move for a change of judge.

By reporting “ready,” the party gives up any right to move for a change of judge.

WARNING

Applies to

Motion for disbursement

In foreclosure cases assigned to a foreclosure panel judge, motions for disbursement must be presented to that judge rather than the presiding judge.

Motion for release or disbursement of funds, proceeds, or money deposited with the court ... CAVEAT: Foreclosure cases assigned to a foreclosure panel judge must still present any motion for disbursement to that judge, not presiding.

WARNING

Applies to

Motion and order for reinstatement

Must include

proposed order

To reinstate a case after abatement, the moving party must give prior notice to all parties and present a Motion and Order for Reinstatement with a supporting declaration at ex parte; if the case was at issue at abatement, a trial setting conference is set within 30 days.

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. If the case was at issue at the time of the abatement, a trial setting conference will be set within 30 days.

WARNING

Applies to

Notice

A petitioner may personally file a Church v. Gladden notice as an exception to the counsel-only filing requirement.

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.

WARNING

Applies to

Attorney fees request

A party seeking attorney fees, costs, and disbursements in a civil action must follow ORCP 68.

In civil actions, ORCP 68 must be followed if a party is seeking attorney fees, costs, and disbursements.

WARNING

Applies to

Settlement report

Reporting that a case set for call has settled is required by UTCR 7.040.

Such a report is an appropriate professional courtesy to the court, and it is required by UTCR 7.040.

WARNING

Applies to

Ex parte motion

Certain ex parte motions (listed in SLR 2.501) must be presented in person or by telephone.

Due to the nature of the relief being sought, the possibility that the judge may need to ask specific questions of the moving party, or the potential that an opposing party might need an opportunity to appear at the ex parte request, some ex parte motions must be presented in person or by telephone. SLR 2.501 lists those motions that fit in this category.

WARNING

Applies to

Contested motion

When filing a contested motion, the petitioner should include a letter asking the clerk to set a hearing date.

If filing a contested motion, the petitioner should include a letter requesting the clerk to set a date for the hearing and should send a courtesy (paper) copy of the motion to the post-conviction judge.

WARNING

Applies to

E filing envelope

If you contact the Cashier to pay for a certified copy, note that action in the eFiling envelope.

Please make a comment in your eFiling envelope that you have done this.

WARNING

Applies to

Specialized terminology list

If the assigned interpreter requests a list of specialized terminology, the list must be provided before the proceeding begins, and the list is confidential and not discoverable.

Please be aware of UTCR 7.080, Interpreters' Requests for Information. If a list of "specialized terminology expected to be used in the proceeding" is requested by an interpreter assigned to the proceeding, the list must be provided to the interpreter prior to the commencement of the proceeding. Under the rule, the list provided to the interpreter is confidential and not discoverable.

WARNING

Applies to

Stenographic reporting arrangement

A party may arrange for an outside stenographic reporter at its own expense with reasonable notice to the court, must use a certified reporter, and must provide the trial court with the reporter's name, address and telephone number.

Under ORS 8.340(7)(a), any party may, with reasonable notice to the court, arrange for an outside stenographic reporter to be present in the courtroom reporting the proceeding at that party's expense, unless the parties agree otherwise. The outside reporter must be certified in shorthand reporting under ORS 8.415 to 8.455 or by a nationally recognized certification program. The party arranging for stenographic reporting must provide the trial court the reporter's name, address and telephone number.

WARNING

Applies to

Ready report email

Must include

case number

The 'ready' report email must include the case number, which side is reporting ready, trial days or hearing length, whether it is a bench or jury trial, and any time restrictions for hearings less than a full day.

The "ready" report should include: (1) the case number, (2) which side (plaintiff, defendant, or both) is reporting ready, (3) the number of days if it is a trial, or the length of time if it is a hearing; (4) whether it is a bench or jury trial, and; (4) for a hearing less than a full day, if there are any time restrictions.

WARNING

Applies to

Designation of appeal

If a stenographic reporter has made all or a portion of the record designated on appeal and it is the official record for the purpose of the transcript on appeal, the stenographic reporter's contact information should be provided in the designation of the appeal and include the comment "on agreement of all parties."

If a stenographic reporter has made all or a portion of the record designated on appeal and it is the official record for the purpose of the transcript on appeal, the stenographic reporter's contact information should be provided in the designation of the appeal and include the comment "on agreement of all parties."

WARNING

Applies to

Jury matter

Jury matters are not conducted on Fridays unless the court agrees to the arrangement in advance in a special case.

No jury matters are conducted on Friday except in special cases in which the arrangement is agreed to in advance with the court.

WARNING

Applies to

Subpoena

The clerk will not issue a subpoena requiring delivery of documents or witness presence outside the court's jurisdiction or Multnomah County.

A subpoena may only require delivery of documents or the presence of a witness for deposition within this court’s jurisdiction. For example: the clerk will not issue a subpoena for documents to be sent to California. Also, the clerk will not issue a subpoena if the discovery being sought is not in Multnomah County.

WARNING

Applies to

Satisfaction of money award

The judgment creditor must file a notarized, signed full satisfaction of money award to satisfy the judgment; partial satisfactions alone do not satisfy the judgment.

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

WARNING

Applies to

Stand by case

Attorneys, parties, and witnesses in a stand-by case must remain available until 4:00 p.m. on call day unless the presiding judge allows a shorter period.

All attorneys, parties, and witnesses for stand-by are required to remain available for assignment to a judge for the next court day until 4:00PM on the day of call, unless a shorter time is allowed by the presiding judge.

WARNING

Applies to

Response to motion for leave to amend punitive damages

A response to a motion for leave to amend to plead punitive damages should contain the opposing party's affidavits and documentation.

Any response to the motion should likewise contain the opposing party's affidavits and documentation.

WARNING

Applies to

Affidavit

If the original negotiable instrument has been lost, that fact must be submitted by affidavit.

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

WARNING

Applies to

Release of garnishment

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

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

WARNING

Applies to

Complaint

The original negotiable instrument may be submitted with the complaint or the original may be submitted with the judgment if a copy is attached to the complaint.

The instrument may be submitted with the complaint, or a copy may be attached to the complaint and the original submitted with the judgment.

INFO

Applies to

Motion for appointment of counsel

A petitioner desiring appointed counsel may file a motion for appointment of counsel supported by an affidavit or declaration.

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

INFO

Applies to

Assignment request

The request for assignment is oral and requires no filing.

This is an oral request and nothing needs to be filed.

INFOCriminal cases

Applies to

Pretrial motion

A pretrial motion may be heard before trial if that hearing is requested in the caption.

If requested in the caption, pursuant to UTCR 4.010(2), a pretrial motion may be heard prior to the trial date.

INFOCriminal cases

Applies to

Trial assignment

Trials expected to last five days or more are assigned to the Presiding Call Docket in Room 7A.

If at the Final Resolution Conference, the parties report trial will take 5 days or more, the case will be set on the Presiding Call Docket in Room 7A.

INFO

Applies to

Judgment

A bank-supplied image of a negotiated check satisfies UTCR 2.060 in place of the original instrument.

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.

INFO

Applies to

Order re stenographic record

Stenographic reporting becomes the official record only by court order (or, for an appeal transcript, by agreement of all parties without an order), and the parties are recommended—though not required—to submit the court's Form 03-08 order to document that agreement.

The stenographic reporting only becomes the official record of the proceeding upon the order of the court, except for the purpose of a transcript on appeal only, pursuant to ORS 8.340(7). For the purpose of a transcript on appeal, the stenographic reporting becomes the official record if all parties agree, without a court order. To ensure clarity in the event of an appeal, it is recommended the parties submit an order in this situation, though not required by rule. The court has created an order suitable for this purpose (Form 03-08 in the appendix of forms).

INFO

Applies to

Motion for appointment of counsel

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

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