Rule 13.035 - COURT SHALL DETERMINE WHETHER CASE IS SUBJECT TO ARBITRATION(1) A case will be assigned to arbitration unless it is excluded as provided in UTCR 13.060(1). A case assigned to arbitration will not be removed, except as might occur under (2) of this Rule, without an affidavit, motion, and order.(2) Only in extraordinary circumstances will the court order a case returned from arbitration to the court docket after a case has been assigned to an arbitrator. The Presiding Judge of the Judicial District in which the case was filed retains the authority to remove a case from arbitration any time the Presiding Judge is of the opinion that such extraordinary circumstances exist.(3) In the event that amended pleadings are allowed by the arbitrator (e.g., amended complaint, third party complaint, etc.), in which a party or parties will be added to the case, or which causes the case not to be subject to mandatory arbitration, the party filing such an amended pleading must notify the Trial Court Administrator and file the amended pleadings, together with the Arbitrator's order allowing such amended pleadings, with the court. Amendment of the pleadings in the forgoing manner does not, by itself, remove a case from arbitration.(4) If a party seeks to exempt a case from arbitration, in accordance with subsection (3) of the rule, or on any other basis, or seeks an order exempting from arbitration a case that would otherwise be referred to arbitration, that party shall file a motion, supported by affidavit, declaration or certification with the court and serve the motion: (a) on the other party or parties in the case;(b) on the arbitrator if an arbitrator has been assigned to the case; and(c) on the Trial Court Administrator.(5) A party that moves for an order under subsection (4) of this rule shall promptly advise the arbitrator in the case, if one has been assigned, of the resolution of the motion. (6) Cases exempted from arbitration under this rule may, when again appropriate, be reinstated into arbitration.Malheur Supp. L. R. 13.035
Amended effective 2/1/2024.