As amended through June 11, 2024
Rule 8.040 - PREJUDGMENT RELIEF UNDER ORS 107.095(1)(1) An order for relief authorized by ORS 107.095(1) may be granted on motion supported by an affidavit or a declaration under penalty of perjury setting forth sufficient facts to establish a right to the requested relief.(2) Any motion regarding temporary custody of a minor child must be supported by an affidavit or declaration under penalty of perjury, which must state the present location of the minor child, the person with whom the child presently resides, the persons with whom and the places where the child has resided for the last 6 months, including the length of time with each person and at each residence, and the reasons why a temporary custody order is sought.(3) Except as provided in subsection (4), when a party seeks temporary support under ORS 107.095(1), each party must file a Uniform Support Declaration (USD), as follows: (a) The party seeking temporary support must include a USD as a documentary exhibit to the motion.(b) The opposing party must file a USD and serve it on the party seeking temporary support. Unless an SLR provides to the contrary, the opposing party must file and serve the USD within 14 days of service of the motion seeking temporary support.(4) Exceptions to USD requirement: (a) A party seeking temporary support, or the opposing party, need not file a USD under subsection (3) if: (i) The party is simultaneously filing a pleading under UTCR 8.010(4) that incorporates a USD; or(ii) Within the prior 30 days, the party already filed a pleading under UTCR 8.010(4) that incorporated a USD and the information therein has not changed.(b) If an exception applies, the motion for temporary support must:(i) Under subsection (4)(a)(i), identify the accompanying pleading and state that it includes a USD; or(ii) Under subsection (4)(a)(ii), identify the earlier pleading and state that it included a USD, that it was filed within the prior 30 days, and that the information therein has not changed.Or. Uni. Trial. Ct. R. 8.040