Rule 8.005 - TEMPORARY RELIEF HEARINGS(1) Temporary Relief Hearings: All temporary relief motions shall be show cause motions, except as provided by ORS 107.097, and shall be handled as follows:
(a) Motions for temporary relief shall be accompanied by an Affidavit or Declaration of the moving party setting forth the justification for the requested relief. The moving party shall also submit a Uniform Support Declaration if child support, spousal support or the interim payments of debt(s) are requested. The Order to Show Cause shall require the filing of a response within fourteen (14) days following service, if the adverse party wishes to contest the relief sought. Except that no respondent shall be required to file a response before the time required by law to respond on the summons in the case(b) A copy of the Supplementary Local Rule 8.005 shall be served on the responding party along with true copies of all documents filed by the moving party.(c) The Motion, Affidavit or Declaration, and Order to Show Cause shall be filed with the Trial Court Administrator before being submitted to a judge.(d) The Response shall admit and/or deny the relief sought and shall set forth any additional motions for temporary relief. The Response shall be accompanied by an Affidavit or Declaration setting forth the justification for the relief opposed or sought by the responding party. If the responding party requests or objects to interim child support, interim spousal support, or the interim payment of debts, the responding party must file a Uniform Support Declaration with the response.(e) Within ten (10) days following the service of the Response and Responding Affidavit of the answering party, either or both parties may submit a Supplemental Affidavit or Supplemental Declaration in support of the parties' respective position.(f) Except for good cause shown, no further pleadings are required or permitted after the Supplemental Responding Affidavit or Declaration is filed. No Third Party or Non-Party Affidavits or declarations will be allowed.(i) Whether service of the Response is made electronically or by mailing, the date of service shall be considered to be three (3) days after the date of electronic service or mailing, excluding days when the U.S. Postal Service does not deliver mail.(ii) If service is made electronically, the date of service shall be the date the electronic filing system sends the email to the selected service contacts in the action pursuant to the provisions of UTCR 21.100 (5).(g) Temporary relief shall be determined without testimony, based upon the affidavits or the Declarations of the parties. Failure to submit an Affidavit or Declaration or the Uniform Support Declaration, if required, may result in an adverse ruling or denial of relief. There is no requirement, however, to file a supplemental Affidavit or Declaration. On matters of custody and parenting time only, upon written motion filed within ten (10) days from the date of the court's letter ruling, a de novo review hearing may be requested to review the ruling.(h) The court's interim rulings are in effect as of the date specified by the Judge in the ruling letter, or if not specified then the date the Temporary Order or the Limited Judgment are entered into the court register.Amended effective 2/1/2024.