Multnomah County Circuit Court Service and Proof of Service Rules

CRITICAL

Garnishment writs may be served by the sheriff or a qualifying Oregon resident over 18 (ORS 18.625).

The writ may be served by the sheriff or by a resident of this state over the age of 18 who complies with ORS 18.625.

CRITICAL

Applies to

Order of appearance

After the court signs the order, the creditor must serve it on the debtor and the movant must file a proof of service (SLR 5.161).

The creditor will then download the signed order and serve it. The movant must file a proof of service. SLR 5.161.

CRITICALCriminal cases

Applies to

Response

Any response to a covered pretrial motion must be served on the judge immediately after assignment.

Any response must be served on the judge immediately following an assignment.

CRITICAL

Deadline

5 calendar days

Applies to

Order to show cause

A preliminary-injunction show-cause order must provide five days’ notice of the hearing unless the court shortens the period.

The Order to Show Cause for a preliminary injunction must allow five days’ notice of the hearing, unless shortened by the court. ORCP 79 C(1).

CRITICAL

Applies to

Proof of service

Plaintiff must file proof of service or acceptance of service within 63 days after filing the complaint, or the court will send a 28-day notice of intent to dismiss and may dismiss the case.

The plaintiff has 63 days after filing the complaint to file the proof of service or acceptance of service. If not, the court will send the plaintiff an ORCP 54B(3) 28-day notice of intent to dismiss and will dismiss the case if no further action is taken.

CRITICAL

Applies to

Motion to withdraw as attorney

A withdrawing attorney must give the opposing side advance notice and must also give their client advance notice of the ex parte appearance.

In addition to giving the opposing side advance notice, the withdrawing attorney must give their client advance notice of their ex parte appearance.

CRITICAL

Show-cause hearings for judgment debtors or garnishees in circuit-court civil matters other than small claims require at least seven days’ notice, or a longer statutory notice period.

At least seven days’ notice of the hearing date and time is required, unless a longer period is set by statute.

CRITICALCriminal cases

Applies to

Motion to change judge

Copies of a motion to change judge must be served on the assigned judge, the CPC judge, and the Presiding court.

Copies must be served on the assigned judge, CPC judge, and Presiding court.

CRITICALCriminal cases

Applies to

Response

Responses to pretrial motions must be served on the judge immediately following trial assignment.

Any response must be served on the judge immediately following an assignment.

CRITICAL

The movant must file proof of service.

The movant must file a proof of service.

CRITICAL

At least 30 days must have elapsed since service before a default order is allowed.

30 days have elapsed since service;

CRITICALCriminal cases

Applies to

Discovery and pretrial offer

The DA's Office will endeavor to provide defense counsel all available discovery and a pretrial offer within 3 judicial days of arraignment, but only for defendants with no other open/pending cases.

The District Attorney’s Office will endeavor to provide to defense counsel all available discovery and a pretrial offer (but only for all defendants with no other open/pending cases) within 3 judicial days of arraignment.

CRITICAL

Deadline

7 calendar days

For small-claims judgment debtor examinations adjudicated at the Multnomah County Central Courthouse, the debtor must receive at least seven days’ notice.

Small claim judgment debtor exams for small claims adjudicated in the Multnomah County Central Courthouse will be set at the discretion of the creditor, but must provide at least seven days notice to the debtor.

CRITICAL

The petitioner must send the defense attorney copies of every document filed with the court.

Petitioner must also send copies of all documents filed with the court to the defense attorney.

CRITICAL

Deadline

63 calendar days

The plaintiff must file proof or acceptance of service within 63 days after filing the complaint.

The plaintiff has 63 days after filing the complaint to file the proof of service or acceptance of service.

CRITICAL

Applies to

Show cause order

Judgment debtor/garnishee show cause hearings in civil matters (excluding small claims) are scheduled through ex parte (usually Thursday call for Friday hearing) and require at least seven days’ notice of the hearing date and time unless a statute sets a longer period.

Show cause hearings for judgment debtors or garnishees in circuit court civil matters other than small claims are also scheduled through an ex parte appearance. These are also usually scheduled on call Thursday for hearing Friday. At least seven days’ notice of the hearing date and time is required, unless a longer period is set by statute.

CRITICAL

Applies to

Order for appearance judgment debtor small claims

Creditors setting small claims judgment debtor exams in the Multnomah County Central Courthouse must give the debtor at least seven days' notice.

Small claim judgment debtor exams for small claims adjudicated in the Multnomah County Central Courthouse will be set at the discretion of the creditor, but must provide at least seven days notice to the debtor.

CRITICAL

The moving party must coordinate hearing dates with the responding party and is responsible for sending notice of the chosen hearing date and time.

The moving party must coordinate with the responding party in selecting hearing dates. The moving party is also responsible for sending notice of the chosen date and time of the hearing.

CRITICAL

The petitioner must send copies of every document filed with the court to the defense attorney.

Petitioner must also send copies of all documents filed with the court to the defense attorney.

CRITICALCriminal cases

Applies to

Motion to change judge

Copies of motions to change judge must be served on the assigned judge, CPC judge, and Presiding court.

Copies must be served on the assigned judge, CPC judge, and Presiding court.

CRITICAL

A default order requires proof that the summons was served in compliance with ORCP 7.

Proof of service of summons in compliance with ORCP 7;

CRITICAL

Applies to

Ex parte motion

Ex parte relief in criminal and civil matters requires at least one judicial day's notice to the opposing party or their attorney.

When a party is seeking ex parte relief, that party must provide at least one judicial days’ notice to the opposing party or their attorney. SLR 5.025(3). This applies in criminal and civil matters.

CRITICAL

A TRO request is presented at civil ex parte, and the other party must receive notice of the appearance unless the moving party provides affidavits satisfying ORCP 79 (B)(1).

Requests for issuance of a Temporary Restraining Order (TRO) are presented at civil ex parte. Notice to the other party of the ex parte appearance is required unless the moving party provides affidavits which fulfill the requirements set out in ORCP 79 (B)(1).

CRITICAL

Deadline

2 working days

Applies to

Ex parte motion

Family law ex parte relief requires two working days' notice to the opposing party including date, time, and court.

Family law ex parte requires that the party seeking relief must provide two working days’ notice to the opposing party of the date, time, and court where the relief will be sought. SLR 8.041(3).

CRITICAL

Deadline

1 court days

A party seeking ex parte relief in a criminal or civil matter must give the opposing party or their attorney at least one judicial day’s notice.

When a party is seeking ex parte relief, that party must provide at least one judicial days’ notice to the opposing party or their attorney. SLR 5.025(3). This applies in criminal and civil matters.

CRITICAL

Service

Court service

The habeas clerk serves the defendant with a copy of the order to show cause.

The habeas clerk will serve a copy of the order upon the defendant.

CRITICAL

Applies to

Order to show cause

An Order to Show Cause for a preliminary injunction must allow five days’ notice of the hearing, unless the court shortens that period.

The Order to Show Cause for a preliminary injunction must allow five days’ notice of the hearing, unless shortened by the court. ORCP 79 C(1).

CRITICAL

Deadline

2 working days

A party seeking family law ex parte relief must give the opposing party two working days’ notice of the date, time, and court where relief will be sought.

Family law ex parte requires that the party seeking relief must provide two working days’ notice to the opposing party of the date, time, and court where the relief will be sought. SLR 8.041(3).

CRITICAL

The judgment creditor must select a hearing date far enough in the future to ensure the debtor receives sufficient notice.

The judgment creditor must select a hearing date far enough in the future to ensure that sufficient notice is given to the debtor.

WARNING

All court notices go to the firm's attorney of record (who signed the initial pleading or first appearance); changing attorney of record within a firm requires written notice to the clerk's office but is not a substitution of counsel and requires no court appearance.

For attorneys within a firm, the attorney of record will be the attorney who signed the initial pleading to start the action or the first appearance. All court notices will be sent to that "attorney of record," even though other attorneys in the firm may sign later filed documents. If there is a reason to have another attorney in the firm designated as the "attorney of record," written notice to the clerk's office of the assignment is required. Changes made within a firm are not substitutions of counsel, and a court appearance is not required. The clerk's office does, however, need written notice that Attorney 1 is to be replaced by Attorney 2 for all future appearances and Attorney 2 should be entered as the attorney of record for the firm.

WARNING

A garnishment writ may be served by the sheriff or by a qualifying Oregon resident over age 18 who complies with ORS 18.625.

The writ may be served by the sheriff or by a resident of this state over the age of 18 who complies with ORS 18.625.

WARNING

After e-filing the petition, the petitioner should serve the agency.

These petitions should be eFiled and then served on the agency.

WARNINGCriminal cases

Service

Personal service

Reporting ready for trial in good faith requires that witnesses have been personally served, served through the court coordinator, or have had their appearance at trial confirmed.

Parties reporting ready for trial must represent in good faith whether they are truly ready to proceed to trial. Regarding witness availability, reporting ready in good faith means that witnesses have been personally served, or served through the court coordinator, or their appearance at trial has been confirmed.

WARNINGCriminal cases

A party reporting ready for trial in good faith must have personally served witnesses, arranged service through the court coordinator, or confirmed their appearance.

Regarding witness availability, reporting ready in good faith means that witnesses have been personally served, or served through the court coordinator, or their appearance at trial has been confirmed.

WARNINGCriminal cases

Applies to

Motions and responses

Service

Email to opposing party

Motions and responses should be served on opposing counsel by email.

Motions and responses should be served on opposing counsel by e-mail.

WARNING

OECI sends all electronic court communications to only one designated lead attorney, so attorneys wanting notices sent to multiple attorneys must use office mail forwarding.

OECI can only designate one lead attorney per case. This means all electronic communication will be sent to that one attorney. Attorneys must utilize mail forwarding options in their office if they want notices to be sent to more than one attorney.

WARNING

Applies to

Petition for judicial review

These petitions should be eFiled and then served on the agency.

These petitions should be eFiled and then served on the agency.

INFO

After the SOSTD is signed, OECI produces call notices that are emailed to each party's attorney of record and mailed to any unrepresented party.

Call notices are produced by OECI after the SOSTD has been signed, emailed to the attorney of record for each party, and mailed to any unrepresented party.

INFO

Applies to

Post conviction petition

Service

Court service to opposing party

The post-conviction clerk serves the petition on defendants' attorneys, and a copy is provided to court-appointed counsel if an appointment is made.

The post-conviction clerk will serve the petition on the attorney for defendant(s) in the case. If petitioner qualifies for a court-appointed attorney, an appointment shall be made and a copy of the petition provided to that counsel.