Rule 8.050 - POST-JUDGMENT RELIEF PURSUANT TO ORS 107.135(1)(1) All applications for post-judgment relief under ORS 107.135(1) must be by motion for a show cause order and the order must state separately each item of relief requested by the moving party. Such orders may not state the requested relief by reference to a supporting affidavit or declaration. Such orders shall be served pursuant to ORCP 7 along with the form of Notice set forth in Appendix IV.(2) All such show-cause orders shall specify a response time not less than thirty (30) days from the date of service thereof upon the opposing party. Such orders shall require the opposing party to respond by filing a response in writing together with opposing affidavits or declarations (and requesting affirmative relief, if any) and serving a copy thereof upon the moving party with the aforesaid response time. The motion, supporting affidavits or declarations and order 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 IV 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.(3) If the opposing party fails to respond to the show cause order as aforesaid, at any time following the response time, and while the opposing party is in default, the moving party may present an order granting the relief sought, provided that proper return of service for the show cause order has been filed.(4) If the opposing party responds to the show cause order in due course, the court shall set the matter of an initial appearance for the purposes of setting the matter for hearing.Tillamook Supp. L. R. 8.050
Amended effective 2/1/2024.