Rule 8.012 - SUMMARY DOMESTIC RELATIONS TRIAL(1) Summary domestic relations trials or hearings may be held to resolve issues in original actions, modifications in dissolution of marriage, separate maintenance, annulment, child support, and child custody filed under ORS Chapters 107, 108, 109.103 and 109.701-834.(2) The summary domestic relations trial shall be conducted as follows: (a) At the time that a domestic relations trial or motion hearing is scheduled the parties will be asked if they wish to agree to proceed pursuant to this Domestic Relations Trial procedure. The court shall ensure that they agree on this procedure voluntarily and that no one has threatened or coerced them into this procedure. To the extent necessary the parties shall waive any objections under the Oregon Evidence Code when this procedure would conflict with those provisions.(b) This procedure may be used by unrepresented parties, by parties with an attorney, and in cases when one or more parties have an attorney and one or more do not.(c) The court may ask the parties ("parties" hereafter includes where applicable counsel for a party) to provide a brief summary of the issues of the case.
(d) The moving party (or in original case, the petitioner) shall be allowed to speak first under oath concerning all issues in dispute. The court will guide the testimony to ensure that it is coherent and organized. The party is not questioned by counsel but may be questioned by the court to develop evidence required by any statute or rule, for example, the applicable requirements of the Oregon Child Support Guidelines if child support is at issue.(e) The court will ask the moving party whether there are any other areas the party wishes the court to inquire about. The court will inquire into these areas if requested and if the questions appear relevant.
(f) The process in (d) and (e) will be provided for each other party in the case.(g) Expert reports will be entered into evidence as a court's exhibit. If either party requests, the expert will be sworn and subjected to questioning by counsel, the parties or the court.(h) The parties may offer any documents they wish the court to consider. The court will determine what weight, if any, to give each document. The court may order the record to be supplemented. Letters or other submissions by the parties' children intended to suggest or influence custody or parenting time preference are discouraged.(i) The parties will be offered an opportunity to respond briefly to the comments of the other party.(j) The parties will be offered the opportunity to make a brief legal argument.(k) At the conclusion of the case the court shall render judgment or take the matter under advisement and render judgment in a timely manner. The court shall retain jurisdiction to modify these procedures as justice and fundamental fairness requires.
Amended effective 2/1/2024.