Columbia Supp. L. R. 8.041

As amended through June 11, 2024

Rule 8.041 - PRE-JUDGMENT/PENDENTE LITE RELIEF

All applications for prejudgment relief must be made by motion.

(1) Motions under ORS 107.095, for custody, parenting time, child and spousal support, possession of personal property, and other temporary relief pending trial, must be made by motion to show cause, supported by affidavit(s) or declaration(s). The motion and show cause order must separately state each item of relief requested.

(2) A notice of the hearing will be served on the opposing party, along with a certified copy of the order to show cause and a copy of the motion requesting relief, any affidavit(s) or declaration(s) filed with the motion, and a blank Uniform Support Declaration (USD), if the motion requests the court to order the other party to pay child or spousal support. In such cases, the notice of hearing must contain a statement that the adverse party is required by UTCR 8.040(4) to serve a copy of the USD on the moving party and file the original with the court at least seven (7) days prior to the show cause hearing. In addition, the notice must contain a warning that if the adverse party fails to serve and file the USD no later than noon on the last judicial day before the hearing, the court, in its discretion, may not consider the USD or any other evidence which the adverse party intends to present at the hearing. If the opposing party is not represented by counsel, the notices of hearing will also include a notice such as set forth in Appendix D (www.courts.oregon.gov/courts/columbia/help/Pages/forms.aspx) to these rules.

(3) All show-cause orders for pre-judgment/pendente lite relief will specify a response time of not less than 30 days from the date of service upon the opposing party. Such orders will require the opposing party to respond by filing an answer in writing together with opposing affidavit(s), declarations(s), or cross motion(s), if any, and to serve a copy of the answer, opposing affidavit(s) and/or declaration(s) on the moving party within the response time.

(4) The show cause hearing will be set if an objection is filed and will be scheduled for a maximum of thirty minutes. The parties should be present to answer any questions the court may pose, but the court will not hear oral testimony, and will instead consider the sworn written statement of the parties and/or other witnesses.

(5) Pre-judgment relief may also take the form of one of the following:

(a) A motion for an "immediate danger" order pursuant to ORS § 107.097(3)(a).

(b) A motion for a temporary protective order (or "status quo" order) pursuant to ORS 107.097(2)(a).

(c) Motions for relief pursuant to subsections (a) and (b) above may be heard on an ex parte basis under SLR 5.061, and are not subject to the 30-day rule specified in subsection (4), above.

(6) Motions for pre-judgment relief or responses to motions for pre-judgment relief will be considered by the court to be general appearances pursuant to ORS 107.055, thereby placing the case at issue and ready for referral to mediation and/or a trial setting.

Columbia Supp. L. R. 8.041

Amended effective 2/1/2024.