Rule 8.045 - PRE-JUDGMENT RELIEF PURSUANT TO ORS 107.095(1)(1) All applications for pre-judgment relief under ORS 107.095(1) must be by motion for a show cause order and the said order must state separately each item of relief requested by the moving party. Such motions must be supported by affidavits, declarations, or other competent supporting material, but said orders may not state the requested relief by reference to the motion or a supporting affidavit or declaration. The said motion, order and supporting affidavits or declarations and materials must be served upon the opposing party and the order must have attached thereto a notice substantially in conformity with the form notice set forth in Appendix III to these rules. However, use of such notice may be dispensed with if such service is made upon an attorney known to be representing the opposing party.(2) All such show cause orders shall specify a response time no less than thirty (30) days from the date of service thereof upon the opposing party and shall require the opposing party to respond by filing a response in writing together with opposing affidavits or declarations and supporting material, if any, showing why the relief requested should not be granted, and submitting by way of countermotion, any affirmative request for relief by that party. The response and countermotion, if any, shall be served upon the moving party with the aforesaid response time.(3) Supporting material filed under this rule must comply with the provisions of UTCR 13.190(2) and may not exceed fifteen (15) pages in length per affidavit or declaration. Any request for an award of support or an award of attorney's fees shall be accompanied by the filing of a Uniform Support Declaration in compliance with UTCR 8.040. If a request for support or an award of attorney's fees is initiated by way of countermotion, then the moving party shall file a Uniform Support Declaration in compliance with UTCR 8.040 at the time of filing the moving party's reply. The failure of a party opposing a request for support or attorney's fees to file an affidavit of financial condition may be construed as an admission that the opposing party has the resources to pay the amount requested by the moving party.(4) If the opposing party fails to respond to the show cause order after proper service and proof of proper service having been filed with the court and within the time prescribed or having filed a response timely, but without having filed supporting affidavits and/or declarations, the moving party may present the court with an order and/or limited judgment (if applicable) granting the relief sought.(5) The moving party shall have fourteen (14) days from the date of service of the response, if any, to file a reply with affidavits or declarations and supportive materials. No further pleadings will be considered. Upon receipt of a reply, or at the expiration of seventeen (17) days from the filing of the response, the court shall consider the matter ripe for decision and shall then set the matter for a hearing in ordinary course.(6) At the time set for hearing, the court may entertain oral argument of counsel, if any, or oral argument of the parties. The parties may not offer new evidence before the court which was not previously provided in the parties' affidavits and/or declarations. The court may inquire of the parties any issue that court deems necessary and appropriate in rendering a decision. The parties may not offer testimony from third parties at the hearing and the time for a hearing on a motion for pre-judgment relief under ORS 107.095, shall be limited to thirty (30) minutes unless continued by the court for good cause shown.(7) The time and date of the hearing will be set by court docketing at the convenience of the court. For good cause shown, the court may continue the time and date of hearing upon its own motion or that of a party once per side, but in any event no later than a total of fourteen (14) days from the initial hearing notice date.(8) The court may issue its decision on the filings of the parties without a hearing. The court may issue its decision in open court at the commencement of the hearing in open court after oral argument or issue its decision in writing at a later time.(9) The court may consider applications for ex parte temporary custody and/or parenting time orders pursuant to ORS 107.097(3) at 1:00 p.m. each judicial day, subject to the moving party scheduling such application with the court's Calendar Coordinator not later than 4:00 p.m. of the previous judicial day. The court may consider application for ex parte immediate temporary orders for such things as support, restraint, etc., if sufficiently supported by an affidavit or declaration or other appropriate documentation establishing a bona-fide emergency need. Such applications shall be allowed only if done in conjunction with show cause proceedings as provided herein touching upon the same issues as are contained in the temporary order so that the opposing party is provided an opportunity to respond. An application for a Temporary Protective Order of Restraint shall be in conformance with ORS 107.097(2).Tillamook Supp. L. R. 8.045
Amended effective 2/1/2024.