As amended through June 11, 2024
Rule 7.05 - MOTIONS IN GENERAL(1)(a) Unless a statute or these rules provide another form of application, a request for an order or other relief must be made by filing a motion in writing. (b) A party seeking to challenge the failure of another party to comply with any of the requirements of a statute or these rules must do so by motion.(c) A party may raise an issue of the jurisdiction of the appellate court by motion at any time during the appellate process.(d) Other than a first motion for an extension of time of 28 days or less to file a brief, before filing a motion, the moving party must make a good faith effort to confer with the other party(ies) to determine whether the other party(ies) object to, concur in, or have no position regarding the motion. The moving party must state the position(s) in the motion. In the event of an objection, the moving party must state in the motion whether the objecting party intends to file a response to the motion. If the moving party is unable to obtain the position(s) of the other party(ies), then the motion must so state.(2)(a) Generally, a party seeking relief in a case pending on appeal should file the motion in the court in which the case is pending. A party seeking relief from a court other than the court in which the case is pending must, on the first page of the motion, separately and conspicuously state that the party is seeking relief from a court other than the court in which the case is pending. (b) A case is considered filed in the Supreme Court if the motion is captioned "In the Supreme Court of the State of Oregon" and in the Court of Appeals if the motion is captioned "In the Court of Appeals of the State of Oregon." Notwithstanding the caption, the Administrator has the authority to file a motion in the appropriate court, provided that the Administrator must give notice thereof to the parties.(3) Any party may, within 14 days after the filing of a motion, file a response. The court may shorten the time for filing a response and may grant temporary relief pending the filing of a response, as circumstances may require.(4) The moving party may, within seven days after the filing of a response, file a reply. The filing of a reply is discouraged; a reply should not merely restate argument made in the motion, and should be confined to new matter raised in the response.(5) Unless the court directs otherwise, all motions will be considered without oral argument.(6) Parties must be referred to by their designation in the appellate court. Hyphenated designations are discouraged. However, in motions in domestic relations cases, parties must be referred to as husband or wife, mother or father, or other appropriate specific designations.Amended November 21, 2016, effective 1/1/2017; amended October 10, 2022, effective 10/10/2022; amended November 21, 2022, effective 1/1/2023.