Rule 19.020 - INITIATING INSTRUMENT REQUIREMENTS AND MAXIMUM SANCTIONS(1) In addition to any other requirements for initiating instruments, the initiating instrument in a contempt proceeding under ORS 33.055 (remedial) or ORS 33.065 (punitive), must state: (a) In the caption, the word "remedial" or "punitive," as appropriate, and the words "violation of restraining order," if appropriate.(b) In the instrument: (i) The maximum sanction(s) that the party seeks;(ii) Whether the party seeks a sanction of confinement; and(iii) As to each sanction sought, whether the party seeking the sanction considers the sanction remedial or punitive.(2) If a party is initiating a contempt proceeding under ORS 33.055 (remedial) and a related circuit court case exists, the party must initiate the contempt proceeding by filing a motion in the related case. (a) For purposes of the court's electronic case management system, the trial court administrator will treat the contempt proceeding as a separate case.(b) Any subsequent filing by any party in the contempt proceeding must include both case numbers, with the contempt proceeding case number appearing first.(3) An initiating instrument in a contempt proceeding under ORS 33.055 (remedial) that initiates a new circuit court case must state, in the first paragraph: (a) If arising from a justice court or municipal court proceeding, the court name, the case name and number, and a description of the nature of that proceeding;(b) If arising from an agency proceeding other than a child support proceeding, the agency name, the agency case name and number, and a description of the nature of that proceeding; or(c) If arising from an agency proceeding that is a juvenile proceeding, the information required in paragraph (b) of this section as to any applicable agency or department, and any applicable juvenile department petition number.(4) An accusatory instrument in a contempt proceeding under ORS 33.065 (punitive) must state, as applicable: (a) In the caption, if arising from an existing circuit court case, the words "Related to [Court Name] Case No. [Case Number]."(b) In the first paragraph:(i) If arising from an existing circuit court case, the court name, the case name and number, and the nature of that case;(ii) If arising from an existing juvenile court case, the court name, the case name and number, the juvenile department petition number, if any, and the nature of that case;(iii) If arising from a justice court or municipal court proceeding, the court name, the court case name and number, and a description of the nature of that proceeding;(iv) If arising from an agency proceeding, the agency name, the agency case name and number, and a description of the nature of that proceeding; or(v) If arising from a juvenile proceeding, the information required in paragraph (b)(iv) of this section as to any applicable agency or department, and any applicable juvenile department petition number.(5) Maximum Sanction Imposed The court shall not impose a sanction greater than the sanction sought. A punitive sanction is presumed greater than a remedial sanction. A punitive sanction of confinement is presumed greater than other punitive sanctions. A remedial sanction of confinement is presumed greater than other remedial sanctions.
Or. Uni. Trial. Ct. R. 19.020