Rule 11.045 - GENERAL PROCEDURES FOR SCHEDULING HEARINGS FOR JUVENILE CASES(1) Delinquency cases. When a petition is filed on a delinquency case, the Juvenile Court Clerk's Office shall schedule hearings required by statute, as well as Plea, Trial Readiness and Call dates as follows:(a) Plea. If the youth is in custody, a plea hearing will be set for Call seven (7) calendar days from the preliminary hearing.(b) Ten Day Review. In custody youth will be scheduled for a ten (10) day review hearing every ten (10) court business days that they are held in custody, except for youth with waiver motions pending which will be scheduled for a review hearing every thirty (30) days. This hearing shall be set on the detention review docket. Scheduling of these hearings shall be coordinated by the staff of the Juvenile Services Division. Youth may waive appearance at detention review hearings.(c) Trial Readiness. Trial Readiness is heard at Call. Attorneys shall report whether they are ready to proceed to trial. If attorneys are not ready to proceed to trial, a new trial readiness date will be set. Substantial cause is needed to set a Trial Readiness date more than 60 days past the date the petition was filed. If attorneys are ready to proceed to trial, a Call date will be set. (i)In custody youth: Trial Readiness date is set 2 weeks from the preliminary hearing.(ii)Out of custody youth: Trial Readiness date is set 5 weeks from the preliminary hearing.(iii)Community Detention youth: Trial Readiness date is set 4 weeks from the preliminary hearing.(d) Call. At the Call proceeding, the case will be assigned to a judicial officer for trial two judicial days following the call date. A party needing a setover shall request the setover three (3) days before the Call date. Only in emergency situations will a setover be granted at Call.(e) Case Management Conferences. Case management conferences shall be first set within fourteen (14) days of the initial appearance and at least every thirty (30) days thereafter by the initial case management conference judge. Case management conferences shall be set in cases with the following charges:(ii) Aid and Assist Motions(iii) Motions for Waiver Hearing(iv) Youths charged with Murder(v) Youth charged with Attempted Murder(vi) Cases in which a youth has had more than six 10-day detention reviews, if the youth does not fall into one of the above categories(2) Dependency cases. When a petition is filed in a dependency case, the Juvenile Court Clerk's Office schedules hearings required by statute, as well as other hearings and conferences. All reviews in a dependency case will be heard by the judge of the case. (a) Second Shelter Hearing. A second shelter hearing may be set after the initial shelter hearing. The shelter hearing is set by the judicial officer during the initial shelter hearing, or at a later time within the judicial officer's discretion.(b) Pre-trial conference/settlement conference. A pre-trial/settlement conference shall be set approximately 35 days from the initial shelter hearing. The pre-trial conference is set for 30 minutes before the settlement conference begins, but is not scheduled on a judicial officer's docket. If the case is not settled at the pre-trial/settlement conference, the case may be scheduled for call and trial, or for another pre-trial/settlement conference. Call, trial, and subsequent pre-trial/settlement conference dates are scheduled by the judicial officer in court.(c) Dependency/Termination of Parental Rights Call. At the Call proceeding, the case will be assigned to a judicial officer for trial on the following week. Call is held at 8:30 AM on Thursdays.(3) Private Dependency Petitions. When a private petition is filed in a dependency case, the Juvenile Court Clerk's Office schedules hearings required by statute, as well as other hearings and conferences. All reviews in a dependency case will be heard by the judge/referee of the case.(a) When a private petition is filed, that moving party shall notify the Juvenile Court Clerk's office to schedule the preliminary hearing.(b) The party filing a private petition is responsible for providing the discovery to the court and other parties in the in case.(c) The party filing a private petition is responsible for ensuring that service of the petition and summons is effected on the parties.(4) Termination of parental rights cases (a) The initial hearing on a petition to terminate parental rights shall be pursuant to an Order to Show Cause. The initial appearance date shall be set by the Juvenile Court Clerk's office. At the time of the Initial Appearance hearing, if the parents appear and contest the petition, the matter shall be set for a Best Interest/pre-trial conference, call and trial.(b) The Best Interest/pre-trial conference shall be set before the judicial officer assigned to the case (not the trial judge), to seek possible means for resolving pretrial issues.(5) Petitions for judicial determination. Petitions for judicial determination are filed by the Department of Human Services with the Juvenile Court Clerk's Office. The Clerk's Office schedules an initial review and assigns a judicial officer as judge/referee of the case. All subsequent hearings shall be set by the judge of the case either upon the court's own motion, upon motion of the child(ren) or parent(s), or, if requested, by the Department of Human Services pursuant to ORS 418.312.(6) Motions or other specially set matters. Any motion or other matter for which oral argument is requested must include in the caption of the motion that request ("Oral Argument Requested") and, if the matter is a dependency case, the next scheduled hearing date (Next Scheduled Hearing Date: ____________). (a) Dependency case: If the requesting party believes that the time allotted for the next hearing is not sufficient to accommodate argument on the motion, the requesting party shall contact the staff of the Judge/Referee of the case to schedule additional hearing time after consulting with the other parties on their availability. The date and time of the additional hearing time shall be included in the caption of the Motion that is served on the parties ("Motion Scheduled for _____________________"). Alternatively, the Judge/Referee of the Case, on his or her receipt of the motion, may conclude that the next scheduled hearing date is insufficient to accommodate argument of the motion. In this situation, the staff of that Judge/Referee will notify the moving party of that party's obligation to coordinate scheduling of a motion hearing and serve notice of that hearing.(b) Delinquency case: If there is a Judge/Referee of the Case, the requesting party shall contact the staff of that judicial officer regarding scheduling (and whether the Judge/Referee of the Case should hear the motion) and include in the caption of the motion that is served on the parties the date and time of the motion hearing ("Motion Scheduled for _____________________"). If there is no Judge/Referee of the Case (or if the Judge/Referee of the Case so directs the requesting party), the requesting party shall coordinate with the parties on scheduling of a motion hearing and contact the Juvenile Clerk's office to place the matter on the Call docket for hearing.(7) Unless stipulated, or compelling cause is found, motions to terminate wardship in a dependency matter shall be filed and served at least 14 days before hearing on the motion.Multnomah Supp. L. R. 11.045
Amended effective 2/1/2024.