Multnomah County Circuit Court Pre-Motion Conference Requirements

CRITICAL

Attorneys wishing to move for change of judge must immediately announce that intention to the presiding judge at call assignment and then follow ORS 14.260, 14.270, and SLR 7.045 for the motion to be timely.

At the time of assignment at call, attorneys who wish to file a motion for change of judge must announce to the presiding judge their intention to do so immediately, and then follow the procedures described in ORS 14.260, 14.270, and SLR 7.045 for the motion to be considered timely.

CRITICAL

At assignment, an attorney seeking a change of judge must immediately announce that intention to the presiding judge and follow the cited procedures for timeliness.

At the time of assignment at call, attorneys who wish to file a motion for change of judge must announce to the presiding judge their intention to do so immediately, and then follow the procedures described in ORS 14.260, 14.270, and SLR 7.045 for the motion to be considered timely.

CRITICAL

The listed motion types (e.g., class action certification, compel arbitration, ORCP 21 motions, sanctions, interpleader) must be heard by the motions judge assigned to the case.

The following motions must be heard by the motions judge assigned to the case.

CRITICAL

The presiding judge requires all attorneys or self-represented litigants to appear at the hearing.

The presiding judge requires all attorneys or self-represented litigants to appear at the hearing.

CRITICAL

To have a contested motion heard before a case is at issue, a party may appear at ex parte after giving at least one judicial day's notice to the other parties and make an oral request for a motions judge assignment, with nothing filed.

If a party needs a judge to hear a contested motion before the case is at issue, that party may appear at ex parte after giving at least one judicial days’ notice to the other parties and make a request for assignment. This is an oral request and nothing needs to be filed.

CRITICAL

Motions regarding the status of the case as arbitration eligible and exceptions to the award of costs and attorney fees should be presented to the Arbitration Judge, currently Judge David F. Rees.

Motions regarding the status of the case as arbitration eligible and exceptions to the award of costs and attorney fees should be presented to the Arbitration Judge, currently Judge David F. Rees.

CRITICAL

Parties seeking complex-case designation must have a conference with the presiding judge.

To obtain designation of their case as a complex case, the parties must have a conference with the presiding judge.

CRITICAL

The moving party must affirmatively contact the motions judge to get a motion set for hearing; writing 'oral argument requested' on the motion or eFiling it alone will not schedule the hearing.

It is the responsibility of the moving party to contact the motions judge assigned to the case to get the motion set for hearing. See SLR 5.015. Simply placing "oral argument requested" on a motion will not alert the motions judge to the necessity to schedule the hearing, nor will simply eFiling a motion in your case.

CRITICAL

During an abatement’s inactive period, parties may not appear for hearings or engage in motion practice, but may pursue discovery by agreement.

If abatement is allowed, the parties may not appear before the court for a hearing of any kind during the inactive period; the parties by agreement may pursue discovery, but no motion practice of any kind will be allowed.

CRITICAL

In expedited civil jury trial cases, parties may not file pretrial motions unless the court grants specific permission.

Parties shall not file pretrial motions, unless specific permission is granted by the court.

CRITICAL

All counsel must attend the conference for complex-case designation.

All counsel must be present.

CRITICAL

A motions judge must hear both contested and stipulated motions to consolidate.

Both contested and stipulated motions to consolidate must be heard by a motions judge.

CRITICAL

After assignment to arbitration, pretrial motions are submitted to and decided by the arbitrator, not the court.

Once a case is assigned to arbitration, all motions against the pleadings, all motions for discovery, and all similar pretrial motions not then resolved will be submitted to the arbitrator only and determined by the arbitrator.

CRITICAL

The listed motions must be heard by the motions judge assigned to the case.

The following motions must be heard by the motions judge assigned to the case.

CRITICAL

Both contested and stipulated civil trial postponements require a scheduling conference.

A scheduling conference is required for both contested and stipulated postponements.

CRITICAL

To obtain a judge for a contested motion before the case is at issue, a party may request assignment ex parte after giving the other parties at least one judicial day’s notice.

If a party needs a judge to hear a contested motion before the case is at issue, that party may appear at ex parte after giving at least one judicial days’ notice to the other parties and make a request for assignment.

CRITICAL

A scheduling conference is required for both contested and stipulated trial postponements.

A scheduling conference is required for both contested and stipulated postponements.

WARNING

To get a motions judge assigned before automatic assignment, a party must make an oral request at ex parte, and must be prepared to announce a decision on a change of judge at that time.

However, if you need a motions judge to schedule a hearing before one is automatically assigned, then you must make an oral request at ex parte. The presiding judge will announce the assigned motions judge on the record. You must be prepared to announce your decision to move for a change of judge at this time.

WARNING

When a civil case returns to our court via remand, please arrange for a scheduling conference with the presiding judge to determine the next steps.

When a civil case returns to our court via remand, please arrange for a scheduling conference with the presiding judge to determine the next steps.

WARNING

Neither requesting oral argument on the motion nor eFiling it alone alerts the motions judge to schedule a hearing.

Simply placing “oral argument requested” on a motion will not alert the motions judge to the necessity to schedule the hearing, nor will simply eFiling a motion in your case.

WARNING

Certain ex parte motions identified 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

Pretrial motions in cases set to follow should be made to the assigned trial judge.

Cases set to follow are assigned to a trial judge, and therefore any pretrial motions should be made to the assigned judge.

WARNING

An opposed arbitration-stay request should be set for a formal hearing through the motions judge under SLR 5.015; a stipulated binding-arbitration stay request should be presented at ex parte.

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

Abatement generally requires all parties’ consent and is requested at ex parte; contested abatements should be heard at a scheduling conference with the presiding judge.

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.

WARNING

Small Claim and FED ex parte matters must be presented in their specific ex parte session, not the presiding judge’s general session.

There is a specific ex parte session for all Small Claim and FED ex parte matters. Do not bring these matters to the general ex parte session with the presiding judge.

WARNING

Parties should file a motion before requesting assignment of a motions judge.

CAVEAT: Parties should not request the assignment of a motions judge until a motion has been filed.

INFO

In cases 'set to follow,' pretrial motions should be made to the assigned trial judge.

Cases set to follow are assigned to a trial judge, and therefore any pretrial motions should be made to the assigned judge. SLR 7.055(4).

INFO

Motions judges hear contested pretrial motions other than summary-judgment motions.

Motions judges hear all contested pre-trial motions, except for summary judgment.

INFO

A case remanded from federal court may require assignment to a motions judge and a trial date.

If a case is remanded from federal court, the case may need a motions judge assignment and a trial date.

INFOCriminal cases

A pretrial motion may be heard before the trial date if an early hearing is requested in the caption; if parties certify trial readiness at Trial Call, the CPC judge will endeavor to send the motion out for hearing the next day.

If requested in the caption, pursuant to UTCR 4.010(2), a pretrial motion may be heard prior to the trial date. If the parties certify that they are ready for trial at Trial Call, then the CPC judge will endeavor to send the pretrial motion out for hearing the next day, absent good cause, so as to comply with UTCR 4.010(3).

INFO

The court assigns a motions judge once the case is at issue.

Once a case is at issue, the court will assign a motions judge to the case.

INFO

Rule 21 motions and all subsequent contested motions are heard by the assigned motions judge, who is automatically assigned once the case is at issue (all parties have appeared, excluding defaulted or dismissed parties).

Rule 21 motions (and all other subsequent contested motions) will be heard by the assigned motions judge. All cases will automatically be assigned a motions judge after the case becomes at issue. A case is at issue when all parties have appeared, excluding defaulted or dismissed parties.