Multnomah County Circuit Court Filing Timing and Cure Windows

CRITICALCriminal cases

Remote appearance paperwork for DUII Diversion Entry must be correctly completed and filed with the court by noon the day before the hearing, in addition to obtaining the presiding judge's approval.

Defendant must appear in person for DUII Diversion Entry unless remote appearance is approved by the judge presiding over the docket and all necessary paperwork is correctly completed and filed with the court by noon the day prior to the hearing.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

e-filed a Joint Status Report by 9:00 am the day prior

e-filed a Joint Status Report by 9:00 am the day prior

CRITICAL

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.

CRITICAL

Family law ex parte is held Monday-Friday at 1:30pm.

Family law ex-parte is held Monday-Friday 1:30pm.

CRITICALCriminal cases

Plea documents for remote plea hearings must be filed by 12PM (noon) 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.

CRITICALCriminal cases

Plea-by-mail documents and the certificate of counsel must be filed by 12PM (noon) the day prior to 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

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.

CRITICAL

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.

CRITICAL

The court must receive the pre-assignment request at least six weeks before the call date.

The court needs this request at least six weeks in advance of the call date to ensure a judge will be available to try the action.

CRITICAL

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.

WARNING

Attorneys must select trial dates when a case is remanded from an appellate court following a pretrial decision.

If a case is remanded from an appellate court on a pre-trial decision, the attorneys will be required to select trial dates.

WARNING

Trials are scheduled for 30 minutes unless the court grants a motion for additional time.

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

WARNING

The clerk may reject tendered documents under the cited rules, including for wrong paper size, an improper caption, or illegible handwriting.

A document tendered to the clerk for filing also may be rejected as provided in ORCP 9E, UTCR 2.010, and SLR 2.015. Common reasons for a clerk to reject a filing include wrong paper size, improper case caption, or illegible handwriting.

WARNING

The ADR activity must be completed by the time the case reaches 365 days before the certificate is filed — filing the certificate before completing the activity does not comply with SLR 7.016.

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.

WARNING

Clerks may reject filings under ORCP 9E, UTCR 2.010, and SLR 2.015 for reasons such as wrong paper size, improper case caption, or illegible handwriting.

A document tendered to the clerk for filing also may be rejected as provided in ORCP 9E, UTCR 2.010, and SLR 2.015. Common reasons for a clerk to reject a filing include wrong paper size, improper case caption, or illegible handwriting.

CRITICALCriminal cases

Deadline

21 calendar days

Covered motions filed fewer than 21 days before trial are untimely and will not be heard unless good cause is found.

Motions not filed 21 days before trial will be considered untimely and will not be heard absent a good cause finding.

CRITICAL

Deadline

10 calendar days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

Late-filed pretrial motions are untimely and will not be heard absent a good cause finding.

will be considered untimely and will not be heard absent a good cause finding.

CRITICALCriminal cases

For DUII Diversion Entry, remote appearance requires the presiding judge’s approval and all necessary paperwork to be correctly completed and filed by noon the day before the hearing.

Defendant must appear in person for DUII Diversion Entry unless remote appearance is approved by the judge presiding over the docket and all necessary paperwork is correctly completed and filed with the court by noon the day prior to the hearing.

CRITICALCriminal cases

Motions to change judge must be announced at Call and filed per ORS 14.260-14.270 and SLR 7.045.

Motions to Change Judge pursuant to ORS 14.250 must be announced at Call and filed according to the procedures set out in those statutes ORS 14.260-14.270 and SLR 7.045.

CRITICAL

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.

CRITICAL

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.

CRITICAL

The request for pre-assignment of a trial judge must be submitted at least six weeks before the call date.

The court needs this request at least six weeks in advance of the call date to ensure a judge will be available to try the action. SLR 7.055(14).

CRITICAL

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.

CRITICAL

Deadline

5 calendar days

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.

CRITICAL

A certificate of extension must be filed before the original judgment remedies expire.

This must be done before the original judgment remedies expire, by filing a certificate of extension.

CRITICAL

Only one execution per county per debtor at a time; a subsequent writ requires the sheriff's return filed or 60 days elapsed.

Although executions may be issued simultaneously to different counties, only one execution at a time will be issued in any one county on any one debtor. Before a subsequent writ will be issued in a county, the sheriff's return on the first execution must be filed, or 60 days must have passed.

CRITICAL

Deadline

10 calendar days

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.

CRITICALCriminal cases

The certificate of counsel and plea documents for a plea by mail 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

Parties must participate in appropriate dispute resolution and file a certificate of that participation within 365 days of the filing of the first complaint or petition if the case is not concluded by then.

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

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.

CRITICALCriminal cases

Pretrial motions, including motions to suppress, must be filed in writing at least 21 days before trial.

Per UTCR 4.010, motions for pretrial rulings on matters subject to ORS 135.037 and ORS 135.805 to 135.873, including motions to suppress, must be filed in writing not less than 21 days before trial.

CRITICALCriminal cases

All court dates for in-custody defendants must take into consideration 60-day speedy trial issues under ORS 136.290 and 136.295.

60-Day Speedy Trial Right: All court dates for in-custody defendants must take into consideration 60-day issues under ORS 136.290 and 136.295.

CRITICALCriminal cases

Deadline

21 calendar days

Covered pretrial motions, including motions to suppress, must be filed in writing at least 21 days before trial.

Per UTCR 4.010, motions for pretrial rulings on matters subject to ORS 135.037 and ORS 135.805 to 135.873, including motions to suppress, must be filed in writing not less than 21 days before trial.

CRITICALCriminal cases

Plea documents for a permitted remote plea hearing must be filed with the court 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.

WARNING

The ten-year extension period begins on the date the certificate is filed, not when the original judgment remedies expire.

The extension time (10 years) runs from the date the certificate is filed, not from the date the original judgment expires.

WARNING

For good cause, the presiding judge may abate or remove a case from the active trial docket for no more than two years.

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.

WARNING

Deadline

150 calendar days

The scheduling order must set a status hearing and trial date at least 150 days out and state deadlines for additional filings.

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.

WARNING

Funds paid to the court by check are held 28 days (out-of-state) or 21 days (in-state) before disbursement.

If instead the money is paid to the court, an out-of-state check is held a minimum of 28 days and an in-state check a minimum of 21 days before the funds are disbursed by the court to the judgment creditor.

WARNING

If the case was at issue when abated, a trial-setting conference will be set within 30 days.

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