Rule 4.060 - MOTION TO SUPPRESS EVIDENCE(1) All motions to suppress evidence: (a) Must cite any constitutional provision, statute, rule, case, or other authority upon which it is based; and(b) Must include in the motion document the moving party's brief, which must sufficiently apprise the court and the adverse party of the arguments relied upon. If the evidence sought to be suppressed was obtained without a warrant, it is sufficient for the moving party to so state.(2) Any response to a motion to suppress: (a) Must, in the absence of a showing of good cause or an SLR to the contrary, be served and filed, together with opposing affidavits, if any, upon which it is based, not more than 7 days after the motion to suppress has been filed;(b) Must state the grounds thereof and, if the relief or order requested is not opposed, wholly or in part, a specific statement of the extent to which it is not opposed; and(c) Must make specific reference to any affidavits relied on and must be accompanied by an opposition brief adequate reasonably to apprise the court and moving party of the arguments and authorities relied upon.(3) When averments in an affidavit are made upon information and belief, the affidavit must indicate the basis thereof.(4) Failure to file a written response shall not preclude a hearing on the merits. Or. Uni. Trial. Ct. R. 4.060
1991 Commentary :
The Committee proposes these amendments to clarify its intent in originally adopting this rule that a written response not be required.