Rule 5.061 - Civil Motions(1) There are three types of civil motions: evidentiary, non-evidentiary and "ex parte." (a) Evidentiary motions are motions in which it is contemplated that testimony will be taken.(b) Non-evidentiary motions, including any motion for summary judgment, shall be heard without the taking of testimony.(c) "Ex parte" motions may or may not require the taking of testimony.(2) Evidentiary motions shall be commenced by the filing of a motion asking for specific relief. They shall be supported by an affidavit and/or an ORCP 17 certified statement setting forth the factual and/or legal grounds for the relief sought. The documents filed shall reasonably apprise the opposing party(ies) of the issues sought to be determined. (a) Evidentiary motions shall be accompanied by a completed "Civil Evidentiary Motion Notice of Hearing" form. Service of the motion, the form, and any supporting documents shall be made pursuant to ORCP 7 or ORCP 9, as determined by the status of the case. Attached hereto as Appendix A is a sample form for use as a "Civil Evidentiary Motion Notice of Hearing" form. (b) All Show Cause Motions filed by the State shall be heard on a date and time as prescribed by the court. The court will announce its calendar annually.(c) All other evidentiary motions shall be scheduled and heard by the judge to whom the case or motion is assigned. Evidentiary motions shall be scheduled seven (7) or more days after service if the opposing party is served in Jackson County, and fourteen (14) or more days after service if the opposing party is served outside Jackson County. They will be set on a date and time as prescribed by the court. The court will announce its calendar annually.(d) Evidentiary motions shall not be accompanied by an order to show cause unless such an order is required by statute or rule. If a show cause order is utilized, the statute or rule requiring said order shall be noted on the face of the order.(3) Except as provided by SLR 8.041, non-evidentiary motions shall be heard on a date and time as prescribed by the court. The court will announce its calendar annually. (a) The court's Judicial Assistants shall set the time for all non-evidentiary hearings.(b) When oral argument is requested pursuant to UTCR 5.050, the motion shall be heard on the first Monday after the expiration of twenty-one (21) days from the filing of the motion, except for summary judgment motions which shall be scheduled by the court in conformance with ORCP 47C.(c) Except as provided by SLR 8.041(2), if a party served with a non-evidentiary motion has a legal basis for presenting evidence, and so desires, said party may reschedule the motion as an evidentiary motion by utilizing the procedures concerning evidentiary motions.(4) Any party filing a response, reply, objection or memorandum relating to a previously filed motion must state in the caption of their filing the date, if any, of any scheduled hearing. (5) Whenever a party submits a motion and order pursuant to ORS 293.293(2) requesting that funds held in trust by the court be placed in an interest-bearing account, the motion and order shall be submitted as a single document without reference to any other request or issue.Jackson Supp. L. R. 5.061
Amended effective 2/1/2024.