Multnomah SLR 2023

Supplementary Local Rules
For
The Circuit Court of the State of Oregon for Multnomah County
The Fourth Judicial District
Effective
February 1, 2023
Barbara Marcille
State of Oregon
County of Multnomah
I certify that this is a true and correct copy of a document in
the possession of the court administrator for Multnomah
Dated: December 21, 2022

Court Administrator for Multnomah
This document has no copyright and may be reproduced
Table of Contents
CHAPTER 1
GENERAL PROVISIONS
1.025 APPLICATION TO CIRCUIT COURT AND DEPARTMENTS ................................. 1
1.035 CREDIT CARDS ......................................................................................................... 1
1.111 DEFINITIONS ............................................................................................................. 1
1.151 HOURS FOR THE CONDUCT OF BUSINESS, WHEN DOCUMENTS MAY

BE RECEIVED TO BE FILED ON PAPER ................................................................. 1
1.161 DIVISIONS OF THE OFFICE OF THE TRIAL COURT ADMINISTRATOR

WHERE DOCUMENTS ARE RECEIVED FOR FILING ............................................ 2
1.171 WEB ADDRESS .......................................................................................................... 3
1.174 BUILDING SECURITY............................................................................................... 3
CHAPTER 2
STANDARDS FOR PLEADING AND DOCUMENTS
2.015 RETURN OF A DOCUMENT TO PARTY.................................................................. 5
2.025 FEE DEFERRALS OR WAIVERS IN CIVIL ACTIONS............................................. 6
2.035 DESIGNATION OF KNOWN PARTIES BY FICTITIOUS NAME ............................ 6
2.045 REQUIREMENTS OF PETITION FOR WAY OF NECESSITY ACTION.................. 6
2.055 SECURITY DEPOSIT TO BE PAID ON FILING OF PETITION FOR WAY OF

NECESSITY ACTION ................................................................................................. 6
2.065 APPOINTMENT OF INVESTIGATOR; FILING AND SERVICE OF REPORT ........ 6
2.501 STIPULATED OR EX PARTE MATTERS FOR WHICH THE DOCUMENTS

MUST BE PRESENTED CONVENTIONALLY AND MAY NOT BE
ELECTRONICALLY FILED ....................................................................................... 7
CHAPTER 3
DECORUM IN PROCEEDINGS
3.171 LOCAL ATTORNEY AS ATTORNEY OF RECORD .............................................. 10
3.181 PUBLIC ACCESS COVERAGE IN AREAS OUTSIDE OF COURTROOMS .......... 10

Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County
Effective February 1, 2023
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3.182 USE OF CELL PHONES AND OTHER PERSONAL DATA AND
COMMUNICATION DEVICES WHICH HAVE AUDIO RECORDING,
PHOTOGRAPHIC OR ANY OTHER VISUAL OR IMAGE RECORDING OR
REPRODUCTION CAPABILITY ............................................................................. 10
3.183 COURT PROCEEDINGS BY REMOTE MEANS ..................................................... 11
CHAPTER 4
PROCEEDINGS IN CRIMINAL CASES
4.005 CRIMINAL PROCEDURE COURT ESTABLISHED ............................................... 12
4.007 WRITTEN PETITION REQUIRED TO BE FILED BY VICTIM OR

PERSONAL APPEARANCE OF VICTIM FOR HEARING TO REMOVE NO
CONTACT ORDER IMPOSED UNDER ORS 135.250 OR ORS 135.247................. 12
4.012 SCHEDULING MOTIONS IN FELONY AND MISDEMEANOR CRIMINAL

ACTIONS .................................................................................................................. 12
4.015 DISCOVERY ............................................................................................................. 13
4.016 IN CAMERA REVIEW OF RECORDS....................................................................... 13
4.017 WAIVER BACK TO JUVENILE COURT FOR CRIMINAL ACTION WAIVED

TO CRIMINAL COURT UNDER ORS 419C.370 (1) ................................................ 14
4.021 DOCUMENTS FILED ON CONTEMPT MATTERS INVOLVING REMEDIAL

SANCTIONS ............................................................................................................. 14
4.024 DEFENSE NOTICE OF SCHEDULING OR RE-SCHEDULING OF A

CRITICAL STAGE HEARING IN CASES SUBJECT TO ORS 147.500 to
147.550....................................................................................................................... 14
4.025 CRIMINAL CASE POSTPONEMENTS BY PRESIDING JUDGE; CRIMINAL

EX PARTE; and, CRIMINAL PROCEDURE COURT POSTPONEMENTS .............. 15
4.031 TRANSPORT OF PARTY OR WITNESS FROM OREGON DEPARTMENT

OF CORRECTIONS .................................................................................................. 15
4.035 ISSUANCE OF SEARCH WARRANTS.................................................................... 15
4.045 VIEWING EXHIBITS IN CRIMINAL PROCEEDINGS ........................................... 16
4.055 CIVIL COMPROMISE .............................................................................................. 16
4.065 MOTIONS TO REMIT SECURITY FORFEITURE JUDGMENTS........................... 16

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4.066 PAYMENT OF SECURITY DEPOSITS; PAYMENTS OF OTHER COURT
ORDERED OBLIGATIONS ...................................................................................... 16
4.067 REFUND PROCEDURES.......................................................................................... 17
4.075 DUII DIVERSION ..................................................................................................... 17
4.081 APPEARANCE AT CRIMINAL PROCEEDINGS BY MEANS OF

SIMULTANEOUS ELECTRONIC TRANSMISSION ............................................... 19
4.101 HABEAS CORPUS – DOCUMENTS AND FILING ................................................. 20
4.109 ATTORNEY SUBSTITUTIONS AND WITHDRAWALS ........................................ 20
4.165 NOTICE FOR TRIAL COURT ADMINISTRATOR REQUIRED FOR ORDERS

TO SEAL A FILE OR DOCUMENTS SUBMITTED UNDER SEAL........................ 22
CHAPTER 5
PROCEEDINGS IN CIVIL CASES
5.014 ASSIGNMENT OF A MOTION JUDGE FOR A CIVIL ACTION ............................ 24
5.015 CIVIL ACTION MOTION SETTING; RESPONSIBILITY OF MOVING

PARTY; AUTOMATIC CONSENT TO HEARING BY NON-APPEARING
PARTY ...................................................................................................................... 24
5.016 SUMMARY JUDGMENT MOTIONS ....................................................................... 26
5.017 SERVICE OF MOTION AT OR BEFORE DELIVERY OF COPY TO JUDGE ........ 26

SANCTIONS ............................................................................................................. 26
5.025 CIVIL EX PARTE MATTERS.................................................................................... 26
5.035 ORDERS BY PREVAILING PARTY; PRESENTING JUDGMENTS AND

ORDERS FOR JUDICIAL SIGNATURE .................................................................. 27
5.036 IN CAMERA REVIEW OF RECORDS ..................................................................... 27
5.045 NO MOTIONS FOR RECONSIDERATION; EXCEPTIONS .................................... 28
5.071 REMOVING A PARTY FROM A FILED ACTION OR THIRD PARTY

ACTION IF AMENDED COMPLAINT OMITS THE PARTY.................................. 28
5.105 PRIOR TO SUBMITTING FORM OF JUDGMENT FOR SETTLEMENT OF

PERSONAL INJURY OR WRONGFUL DEATH CIVIL ACTIONS:

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REQUIREMENTS WHEN MINOR CHILD OR INCAPACITATED PERSON
APPEARS BY GUARDIAN AD LITEM ................................................................... 28
5.161 JUDGMENT DEBTOR ORDERS .............................................................................. 28
5.165 PROTECTIVE ORDERS AND FILING DOCUMENTS UNDER SEAL IN

CIVIL CASES ............................................................................................................ 29
5.181 CHALLENGE TO GARNISHMENT NOT TO CONTEST JUDGMENT .................. 30
5.182 CHALLENGE TO GARNISHMENT- PERSONAL FINANCIAL

DOCUMENTS TO BE FILED UNDER SEAL .......................................................... 30
CHAPTER 6
TRIALS
6.012 PRE-TRIAL SETTLEMENT CONFERENCE PROCEDURES ................................. 31
6.025 PAYMENT OF TRIAL FEES AND HEARING FEES ............................................... 32
6.027 PERSONAL COMMUNICATION DEVICES IN JURY ROOMS DURING

DELIBERATIONS AND IN COURTROOMS DURING PROCEEDINGS ............... 32
6.051 SUBMISSION AND COPIES OF MOTIONS, BRIEFS, MEMORANDA, AND

POINTS AND AUTHORITIES; COPIES TO BE DESIGNATED TRIAL
COURT COPY ........................................................................................................... 33
6.141 HAZARDOUS SUBSTANCES .................................................................................. 33
CHAPTER 7
CASE MANAGEMENT AND CALENDARING
7.015 TRIAL READINESS CIVIL CASE MANAGEMENT CONFERENCE..................... 34
7.016 PARTICIPATION IN APPROPRIATE DISPUTE RESOLUTION ............................ 34
7.021 UTCR 7.020 CONTINUANCES; STAY OF DEFAULTED PARTIES PENDING

TRIAL........................................................................................................................ 35
7.025 POSTPONEMENT CONFERENCES ........................................................................ 36
7.045 MOTION FOR CHANGE OF JUDGE ....................................................................... 36
7.055 CALL ......................................................................................................................... 37
7.056 DISPOSITION OF CASE AFTER ASSIGNMENT TO TRIAL JUDGE,

MOTION TO POSTPONE CASE ASSIGNED AT CALL MUST BE
PRESENTED TO PRESIDING JUDGE ..................................................................... 40
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7.061 REQUESTS FOR ACCOMODATIONS BY PERSONS WITH DISABILITIES........ 41

OF CORRECTIONS .................................................................................................. 43
7.071 SCHEDULING FOREIGN LANGUAGE INTERPRETERS UNDER UTCR

7.070 .......................................................................................................................... 43
7.101 HABEAS CORPUS – DOCUMENT FILING IN THE CIVIL SECTION OF THE

COURT ...................................................................................................................... 44
CHAPTER 8
DOMESTIC RELATIONS, CIVIL COMMITMENT,
IDENTITY CHANGES, AND PROTECTION ORDERS
8.008 COURT UPDATES.................................................................................................... 45
8.009 MANNER OF PROCEEDINGS ................................................................................. 45
8.011 SUBJECT MATTER JURISDICTION UCCJEA PROCEEDINGS ............................ 46
8.012 DOCKETING............................................................................................................. 47
8.013 CASE CAPTIONS ..................................................................................................... 48
8.014 CASE ASSIGNMENT ............................................................................................... 49

7.070 .......................................................................................................................... 50
8.016 CASE AGE LIMITATIONS....................................................................................... 50
8.017 EX PARTE APPEARANCES AND OTHER MATTERS NOT DOCKETED

FOR HEARING ......................................................................................................... 51
8.018 TEMPORARY PROTECTIVE ORDERS OF RESTRAINT....................................... 52
8.019 PROTECTIVE ORDERS AND FILING DOCUMENTS UNDER SEAL ................... 52
8.021 IN CAMERA REVIEWS ........................................................................................... 52
8.022 FEE DEFERRALS OR WAIVERS IN DOMESTIC RELATIONS CASES ............... 53
8.031 PARTICIPATION IN APPROPRIATE DISPUTE RESOLUTION ............................ 53
8.032 COMPLIANCE WITH DISPUTE RESOLUTION REQUIREMENTS ...................... 55
8.034 MULTNOMAH COUNTY PARENTING PLAN GUIDELINES ............................... 55

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8.035 SUPERVISED PARENTING TIME........................................................................... 56
8.036 APPOINTMENT OF COUNSEL FOR CHILDREN .................................................. 56
8.037 PARENT EDUCATION PROGRAM ......................................................................... 57
8.038 FAMILY COURT SERVICES ................................................................................... 59
8.061 CHILD SUPPORT WORKSHEETS........................................................................... 59
8.062 DOMESTIC RELATIONS AND ADMINISTRATIVE SUPPORT ORDERS ............ 60
8.131 CIVIL COMMITMENT PROCEEDINGS.................................................................. 60
8.141 STALKING PROTECTIVE ORDER PROCEEDINGS .............................................. 61
8.151 ORDER TO SHOW CAUSE TO DISPENSE WITH ADOPTION CONSENT IN

ADOPTION ............................................................................................................... 61
CHAPTER 9
PROBATE PROCEEDINGS
9.015 SUBJECT MATTER JURISDICTION; TRUST CASES ............................................ 62
9.016 ALTERNATIVE DISPUTE RESOLUTION .............................................................. 62
9.017 FEE DEFERRALS OR WAIVERS IN PROBATE PROCEEDINGS ......................... 62

SANCTIONS ............................................................................................................. 62
9.025 HOW MATTERS FOR PROBATE ARE TO BE PRESENTED; CONFERENCE;

HEARING; EMERGENCIES ..................................................................................... 62
9.026 IN CAMERA REVIEWS /MOTIONS TO SEAL ....................................................... 63
9.035 DELINQUENT FILINGS ........................................................................................... 63
9.045 RESIGNATION OF COUNSEL; NOTIFICATION REQUIREMENTS ..................... 63
9.055 SETTLEMENT OF PERSONAL INJURY OR WRONGFUL DEATH CLAIMS:

REQUIREMENTS WHEN MINOR CHILD OR INCAPACITATED OR
FINANCIALLY INCAPABLE PERSON APPEARS BY GUARDIAN AD
LITEM ....................................................................................................................... 64
9.065 BONDS IN ESTATES WHERE PERSONAL REPRESENTATIVE OF

INTESTATE ESTATE IS SOLE HEIR OR DEVISEE ............................................... 65

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9.073 VOUCHERS .............................................................................................................. 65
9.075 GUARDIANSHIPS .................................................................................................... 66
9.076 NON-PROFESSIONAL FIDUCIARY EDUCATION PROGRAM ............................ 66
9.081 PRESENTATION OF ORAL OBJECTIONS ............................................................. 67
9.085 SELF-REPRESENTED PARTY APPEARANCES IN PROBATE COURT;

APPROVAL ............................................................................................................... 67
9.095 ATTORNEY FEES AND CORPORATE FIDUCIARY FEES APPROVAL .............. 68
9.161 FORM OF ACCOUNTINGS ...................................................................................... 69
CHAPTER 10
RESERVED FOR EXPANSION
CHAPTER 11
JUVENILE COURT
11.013 COURT UPDATES.................................................................................................... 71
11.014 MANNER OF PROCEEDINGS ................................................................................. 71
11.015 JUVENILE COURT MATTERS ................................................................................ 72
11.017 PETITION NUMBER AND JJIS NUMBER REQUIRED .......................................... 72
11.035 REFEREES ................................................................................................................ 72
11.037 MOTION FOR A JUDGE, MOTION FOR CHANGE OF JUDGE............................. 73
11.041 IDENTIFICATION OF JUDGE IN CAPTION........................................................... 73

OF CORRECTIONS .................................................................................................. 73
11.045 GENERAL PROCEDURES FOR SCHEDULING HEARINGS FOR JUVENILE

CASES ....................................................................................................................... 73
11.046 PROPOSED ORDERS AND JUDGMENTS .............................................................. 76
11.047 REQUIRED CLASS FOR GUARDIANS IN DEPENDENCY CASES ...................... 76
11.065 MOTIONS FOR SUBSTITUTION OF COUNSEL .................................................... 77
11.066 IN CAMERA REVIEWS ........................................................................................... 77

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11.067 NOTICE OF SCHEDULING OR RE-SCHEDULING OF A CRITICAL STAGE
HEARING IN CASES SUBJECT TO slr 4.024 .......................................................... 77
11.068 TRANSFER CASES – APPOINTMENT OF COUNSEL AND HEARINGS ............. 77
CHAPTER 12
MEDIATION
12.016 See SLR 8.037 for the mandatory Parent Education Program ...................................... 79
12.022 COURT-CONNECTED MEDIATOR LISTS ESTABLISHED .................................. 79
12.023 APPOINTMENT TO COURT-CONNECTED MEDIATOR LIST ............................. 79
12.025 ALTERNATE MEDIATION PROCEDURE IN CIVIL AND DOMESTIC

RELATIONS ACTIONS SUBJECT TO ors 36.400 TO ors 36.425 ............................ 80
12.035 MEDIATION IN SMALL CLAIMS ACTIONS; FAILURE TO COMPLY WITH

SETTLEMENT .......................................................................................................... 81
12.045 MEDIATION IN PROBATE PROCEEDINGS .......................................................... 81
CHAPTER 13
ARBITRATION
13.025 REQUEST FOR AND OBJECTIONS TO ARBITRATION ....................................... 86
13.032 SUBMISSION OF COPIES OF MOTIONS AND OTHER DOCUMENTS TO

PRESIDING JUDGE .................................................................................................. 86
13.035 COURT SHALL DETERMINE WHETHER CASE IS SUBJECT TO

ARBITRATION; AMENDMENT OF PLEADINGS .................................................. 86
13.042 ASSIGNMENT TO ARBITRATION ......................................................................... 87
13.048 INDIGENT PARTIES ................................................................................................ 87
13.055 ARBITRATORS ........................................................................................................ 88
13.065 STIPULATIONS ........................................................................................................ 89
13.071 UNTIMELY FILED MOTIONS TO EXEMPT FROM ARBITRATION ................... 89
13.075 See 12.025 et seq. for mediation as an alternative to arbitration................................... 89
13.085 FILING AWARD ....................................................................................................... 89
13.120 ARBITRATION FEES ............................................................................................... 89

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13.165 TIME FOR ARBITRATION HEARING - 91 DAY TIME PERIOD PURSUANT
TO UTCR 13.160 (2).................................................................................................. 90
13.210 TRIAL SETTING IN CASES WHERE WRITTEN NOTICE OF APPEAL AND

REQUEST FOR TRIAL DE NOVO TIMELY FILED ............................................... 90
13.255 RETURN OF WRITTEN NOTICE OF APPEAL AND REQUEST FOR TRIAL

DE NOVO SUBMITTED FOR FILING BEYOND THE TIME PERMITTED ........... 91
CHAPTER 14
REFERENCE JUDGES
14.015 STENOGRAPHIC REPORTER NOTES; MOTIONS TO CORRECT

TRANSCRIPTS ......................................................................................................... 92
14.025 COMPENSATION OF THE REFERENCE JUDGE .................................................. 92
14.035 RECORDS OF PROCEEDINGS ................................................................................ 92
CHAPTER 15
SMALL CLAIMS DEPARTMENT
15.015 FILING PROCEDURES ............................................................................................ 93

SANCTIONS ............................................................................................................. 93
15.025 APPOINTMENT OF GUARDIAN AD LITEM ......................................................... 93
15.035 HEARING NOTICE................................................................................................... 93
15.045 DISMISSAL FOR FAILURE TO PURSUE CLAIM .................................................. 94
15.055 REPRESENTATION BY ATTORNEY ONLY BY COURT ORDER........................ 94
15.065 TIME EXTENSION ................................................................................................... 94
15.075 COMMUNICATION IN WRITING ........................................................................... 94
15.085 TRANSFER OF CLAIM FROM SMALL CLAIMS DEPARTMENT ........................ 94
15.095 REQUESTS FOR POSTPONEMENT ........................................................................ 94
15.105 See SLR 12.035 for mandatory mediation in small claims action. ............................... 94
15.115 AUTHORIZED AGENTS IN SMALL CLAIMS CASES........................................... 95
15.125 See SLR 5.161 for Judgment Debtor Exams in Small Claims Actions ......................... 95
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15.135 See SLR 5.181 for Claims of Exemption Not to Contest Judgment ............................. 95
15.145 See SLR 6.025 for Payment of Trial Fees and Hearing Fees ....................................... 95
15.155 See SLR 7.045 for Motion for Change of Judge .......................................................... 95
CHAPTER 16
VIOLATION OFFENSES
16.005 SCOPE ....................................................................................................................... 96
16.015 PLEAS; WRITTEN OR IN-PERSON; DISPOSITION ............................................... 96
16.025 VIOLATIONS BUREAU; CREATION AND ELIGIBLE VIOLATIONS.................. 98
16.035 REPRESENTATION BY COUNSEL ........................................................................ 98
16.045 PRETRIAL MOTIONS .............................................................................................. 98
16.055 POSTPONEMENTS OF TRIAL ................................................................................ 99
16.065 RELIEF FROM DEFAULT JUDGMENT .................................................................. 99
16.075 PAYMENT OF FINES ............................................................................................. 100
CHAPTER 17
PARKING VIOLATIONS
17.005 SCOPE ..................................................................................................................... 102
17.015 OPTIONS AFTER RECEIVING A PARKING CITATION ..................................... 102
17.025 DISMISSAL OF A PARKING CITATION BEFORE TRIAL .................................. 102
17.045 DISMISSAL OF CERTAIN PARKING CITATIONS; RE-ISSUE ........................... 104
17.071 PRETRIAL AND TRIAL PROCEEDINGS.............................................................. 104
17.105 DEFAULT JUDGMENTS; MOTIONS TO SET ASIDE DEFAULT ....................... 105
17.905 ASSESSMENT OF BAIL......................................................................................... 106
17.915 PAYMENT OF BAIL............................................................................................... 106
17.955 TOWING AND IMPOUNDMENT .......................................................................... 106
CHAPTER 18
FORCIBLE ENTRY AND DETAINER (FED)

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18.015 STAY OF DEFAULT, FED EX PARTE TIME ......................................................... 109

SANCTIONS ........................................................................................................... 109
18.025 AUTHORIZED AGENTS ........................................................................................ 109
18.045 PAYMENT OF ADDITIONAL FILING FEES FOR TRIAL DEMAND.................. 109
18.055 See SLR 7.045 for Motion for Change of Judge ........................................................ 109
18.065 See SLR 7.055 for Call/Assignment.......................................................................... 109
18.075 See SLR 7.055(7) for Abated and Stayed Cases ........................................................ 109
18.085 See SLR 7.055(8) for Duty of Attorney at Call/Assignment ...................................... 109
18.095 See SLR 15.095 for Requests to Postpone Hearings .................................................. 109
CHAPTER 19
CONTEMPT PROCEEDINGS
19.021 ALL DOCUMENTS FILED ON CONTEMPT MATTERS INVOLVING

REMEDIAL SANCTIONS....................................................................................... 110
CHAPTER 20
CHAPTER 21
CHAPTER 22
CHAPTER 23 RESERVED FOR EXPANSION
CHAPTER 24
POST-CONVICTION RELIEF
24.011 POST-CONVICTION RELIEF – DOCUMENT FILING IN THE CIVIL

SECTION OF THE COURT .................................................................................... 115
24.041 POST-CONVICTION RELIEF --- EXHIBITS ......................................................... 115
24.071 POST-CONVICTION RELIEF --- HEARINGS ON MOTIONS AND

DEMURRERS ......................................................................................................... 115

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24.091 POST-CONVICTION RELIEF CASES SPECIALLY ASSIGNED TO CHIEF
CRIMINAL JUDGE or designee FOR ALL PRETRIAL MOTIONS AND
DEMURRERS; COURTESY COPY DELIVERY REQUIRED ............................... 115
24.101 POST-CONVICTION RELIEF --- TRIAL ............................................................... 116
24.111 POST-CONVICTION RELIEF --- FILING OF DOCUMENTS WHEN

PETITIONER IS REPRESENTED BY COUNSEL .................................................. 116

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CHAPTER 1 GENERAL PROVISIONS
1.025 APPLICATION TO CIRCUIT COURT AND DEPARTMENTS
These rules apply to matters within the jurisdiction of the Circuit Court for Multnomah County
and all departments of the Circuit Court.
1.035 CREDIT CARDS
Credit cards may be used and fees assessed as provided by ORS 1.005, except that a credit card
may not be used under ORS 135.265 for paying a security amount or posting a security deposit
for a criminal action.
1.111 DEFINITIONS
These definitions are intended to clarify terms used in these rules.
(1) “Abated Cases” are those cases placed under a discretionary stay of up to two years
by order of the court on the basis of activity external to the case which would have
an effect on the outcome or conduct of the case.
(2) “Call” refers to the trial and show-cause docketing system whereby a case is called
and assigned to a judge on the judicial day immediately preceding the date of the
actual hearing or trial.
(3) “Judicial Days” means calendar days excluding: Saturday and legal holidays,
including Sunday, as defined in ORS 187.010 and 187.020, and any day on which a
court is closed by order of the Presiding Judge or the Chief Justice.
1.151 HOURS FOR THE CONDUCT OF BUSINESS, WHEN DOCUMENTS

MAY BE RECEIVED TO BE FILED ON PAPER
(1) The court is open for the conduct of business each judicial day from 8:00 am to 5:00
pm, and, in addition, judicial proceedings may be held at other times and on other
days when required by the court for the conduct of its business and upon notice to
the parties required to appear.
(2) Except as provided in UTCR Chapter 21, documents which do not require the
payment of a fee prior to filing may be received for filing from 8:00 am to 5:00 pm
each judicial day in the appropriate division of the Office of the Trial Court
Administrator. Documents which require the payment of a fee prior to filing may be
presented to a cashier or left in a drop box, together with payment or an order
authorizing the deferral or waiver of the fee, from 8:00 am to 5:00 pm each judicial
day in the appropriate division of the Office of the Trial Court Administrator. Upon
satisfaction of the fee, the document will be received for filing.

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1.161 DIVISIONS OF THE OFFICE OF THE TRIAL COURT
ADMINISTRATOR WHERE DOCUMENTS ARE RECEIVED FOR
FILING
(1) The Office of the Trial Court Administrator receives documents for filing in the
following divisions. In the Multnomah County Courthouse: the divisions are Civil,
including Small Claims and FED, Domestic Relations, Probate, Traffic, Parking and
Criminal. In the Juvenile Justice Complex: All Juvenile matters and Domestic
Relations matters excluding Name Change and Abuse Prevention cases. In the East
County Courthouse: Criminal, Traffic, and Small Claims, Civil and Domestic
Relations cases excluding Name Change and Abuse Prevention case matters filed in
that court location. Documents should be delivered to the appropriate division for
filing.
(2) Documents delivered by mail to the court, or left in the court’s mail room for
delivery, will be received for filing when delivered in the normal course of
distribution of documents from the mail room to the appropriate division of the
Office of the Trial Court Administrator. If a fee is required to be paid prior to filing
of a document, then filing may occur only if the fee is satisfied. In all other cases,
and except as provided in UTCR Chapter 21, filing will be accomplished on the date
the paper documents are distributed to the appropriate division.
(3) Documents transmitted directly to the clerk’s office by telephonic facsimile

transmission (FAX) will not be received for filing.
(4) E-Filing Kiosks, including scanners, are available at each location listed in 1.161(1).
(5) Mandatory Electronic Filing is required for members of the Oregon State Bar per
UTCR 21.140. SLR 2.501 details which documents must be filed conventionally by
attorneys.
(6) The street address for the downtown courthouse is:
Multnomah County Central Courthouse

1200 SW First Avenue
Portland, OR 97204
Addresses for other court locations are as follows:
Justice Center Juvenile Justice Complex

Third Floor 1401 NE 68th Avenue
1120 SW Third Avenue Portland, OR 97213
Portland, OR 97204 (send mail to the Central Courthouse)
East County Courthouse

18480 SE Stark Street
Portland, OR 97233
2
1.171 WEB ADDRESS
Multnomah County Courts Website
https://www.courts.oregon.gov/courts/multnomah
Odyssey File and Serve
https://oregon.tylerhost.net
1.174 BUILDING SECURITY
The Multnomah County Central Courthouse, the Multnomah County Justice Center, East County
Courthouse, the Juvenile Justice Complex and any other facility or location where the court
conducts its proceedings are court facilities for the use of members of the public to exercise their
rights to view proceedings and handle their affairs through the court. This right of access may,
however, be overcome by conduct detrimental to the safety of the court's Judicial Officers, other
Officers of the Court, its employees, and members of the public. This type of conduct may result
in the ejection of a person or party from these facilities and possibly their restraint from entering
these buildings for a specified period of time. Such detrimental conduct may include, but is not
limited to:
(1) Direct physical assault upon any person;
(2) Destruction or theft of court records or posted public notices;
(3) Vandalism, defacing, burning, or other physical destruction of any device or room
within these facilities;
(4) Intimidation, extortion, coercion, or other forcible conduct aimed at interrupting the
court's Judicial Officers, other Officers of the court, and its employees in the course
of their work or at interfering with members of the Bar or of the public in their
dealings with the court;
(5) Any conduct which interferes with or interrupts a court proceeding;
(6) Any entrance into an area of these buildings designated off-limits or for employees
only;
(7) Any introduction of noxious odors designed to deny members of the public the use
of any public part of these buildings;
(8) Any attempt, either by fraud or threat, to gain access to confidential court records or
material;
(9) Any attempt, either by fraud or threat, to gain access to the private office of a
Judicial Officer, the Court Administrator, or other Court Officer;

3
(10) Any attempt by a member of the public to deny any other member of the public the
use of these buildings.

4
CHAPTER 2
STANDARDS FOR PLEADING AND DOCUMENTS
2.015 RETURN OF A DOCUMENT TO PARTY
(1) In addition to the authority to decline to receive or file a document under ORCP 9 E
and UTCR 2.010(12)(c), in certain limited situations, a document may be returned to
the party who submitted it, without being filed by the court. Those situations
include:
A document with an existing case number and case caption from another
jurisdiction, unless filed pursuant to an order signed by a judge allowing a change
of venue or authorizing the filing on some other basis;
A document which requires a fee but the fee or an order to waive or defer such fee
is not provided and the fee requirement has not been satisfied;
A document without sufficient identifying information to determine in which case

it should be filed or entered;
A document which requires court action, but the court action cannot be taken
without the filing of statutorily-required preceding documents;
A document with a case caption from a jurisdiction not recognized by the Oregon
Constitution or established by the Oregon Legislature, or a judgment order, or
other document purportedly issued by a nonexistent court;
A petition submitted for filing under ORS 813.210 more than 30 days after the
first appearance on the summons where there is no finding of good cause by the
court to permit the late filing per 4.075;
A document submitted for filing by telephonic facsimile transmission (FAX); and,
As provided in SLR 13.255, a written notice of appeal and request for trial de
novo of an arbitration award submitted for filing beyond the time permitted by
law.
(2) In small claims and summary dissolution cases, documents which do not comply
with ORS, ORCP, UTCR, or SLR may, at the discretion of the Presiding Judge, be
returned to the filing party.
(3) A pleading document which begins an action, and which is filed in this court and
given a Multnomah County Circuit Court case number, will not be returned to a
filing party even though the document may have a caption for another circuit court
and was filed in error by the filing party.

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2.025 FEE DEFERRALS OR WAIVERS IN CIVIL ACTIONS
Fee deferral or waiver applications in civil actions shall be submitted to the Presiding Judge or
designee.
2.035 DESIGNATION OF KNOWN PARTIES BY FICTITIOUS NAME
In civil actions, the designation of a known party by a name other than the party’s true name
shall be allowed only upon an order of the court. If ordered, the designation of such party shall
be by use of such party’s initials or a fictitious name other than “Jane Doe” or “John Doe”. The
name “Jane Doe” or “John Doe” is reserved to be used for a party whose identity is unknown and
the party is being designated as provided in ORCP 20 H.
2.045 REQUIREMENTS OF PETITION FOR WAY OF NECESSITY ACTION
The petition for establishing a way of necessity must contain either in the caption under the name
of each respondent or in the first paragraph of the Petition, the mailing address of each person
named as respondent therein.
2.055 SECURITY DEPOSIT TO BE PAID ON FILING OF PETITION FOR

WAY OF NECESSITY ACTION
At the time of filing a petition for a way of necessity action, the petitioner shall post a bond or
security deposit with the court of $500 for the purposes of ORS 376.200 (4) and (5).
2.065 APPOINTMENT OF INVESTIGATOR; FILING AND SERVICE OF

REPORT
(1) Upon the filing of a Petition for determination of a way of necessity pursuant to ORS
376.150 et seq., petitioner shall appear before the Presiding Judge at ex parte and
present a motion for an Order Appointing Investigator under ORS 376.200(5).
(2) The affidavit in support of the motion shall reflect the amount of the bond or security
deposit posted by the petitioner for payment of the investigator, and that the
petitioner is prepared to pay the amount of any deficiency as required by ORS
376.200 (5). The court may set a higher amount to be posted by the petitioner. A
motion will not be allowed until the full bond or security deposit set by the court is
posted.
(3) The submitted form of Order Appointing Investigator shall reflect the name, address
and telephone number of the investigator requested to be appointed by the court,
specify the date, within 90 days, on which the investigator must file the report with
the court, and state that the investigator shall file the original report with the court,
and send a copy to the Petitioner.
(4) A copy of the motion, affidavit and submitted form of Order Appointing Investigator
shall be served, along with the Petition, upon the respondents.
6
2.501 STIPULATED OR EX PARTE MATTERS FOR WHICH THE
DOCUMENTS MUST BE PRESENTED CONVENTIONALLY AND MAY
NOT BE ELECTRONICALLY FILED
In the following subject matter areas, the listed stipulated or ex parte documents, and any
document that will be served simultaneously with a document listed in this rule, must be
presented conventionally and may not be electronically filed:
(1) For civil matters presented at the presiding judge’s daily 10:30 AM and 1:30 PM ex
parte sessions:
(a) Petition for appointment of guardian ad litem and complaint
(b) Petition to proceed under pseudonym and complaint
(c) Petition for writ of review
(d) Motion for show cause hearing (preliminary injunction, appointment of

receivership, provisional process, ORS 33 remedial sanction, and contempt for
non-responsive debtor or garnishee)
(e) Motion for Provisional Process or Claim and Delivery
(f) Abatements and extension of abatements (excluding abatement for bankruptcy)
(g) Reinstatement from abatement, stay, or bankruptcy
(h) Second continuance of UTCR 7.020 (or subsequent)
(i) Reschedule summary judgment hearing
(j) Motion for sitting judge for summary judgment
(k) Motion for commission to take out of state deposition
(l) Registration of foreign writ, mandate, commission, or letter rogatory or Order

(Not Foreign Subpoena)
(m) Motion to transport party or witness
(n) Motion for change of judge and affidavit
(o) Deferral/waiver of court fees
(p) Writ of assistance
(q) Motion for release or disbursement of funds, proceeds, or money deposited with
the court
7
(r) Motion for Use of Force for Writ of Execution
(s) Unopposed Motion for ORCP 71 Relief (including judgments of dismissal for
want of prosecution pursuant to ORCP 54 B(3) and UTCR 7.020)
(2) For criminal matters presented at the Presiding Judge’s daily 9:30 AM and 1:30 PM
ex parte or at Criminal Procedure Court ex parte sessions:
Transport of Party or Witness
Motion for Protective Order
Motion for Set Over
Motion for Modification of Release
Motion for Change of Judge and Affidavit
(3) For Domestic Relations matters presented at the Family Court Judges’ daily 1:30 PM
ex parte session if in-person appearance required, by mail if in-person appearance is
not required, or, on retained cases, at times and methods as directed by the retained
judge:
Emergency Custody and Parenting Relief Based on Immediate Danger, including

requests for hearings challenging Immediate Danger Orders
Pre-Judgment Temporary Protective Orders of Restraint before the respondent has

been served with the Petition
Temporary Orders of Financial Restraint
Guardian Ad Litem Appointment
Family Abuse Prevention Act, Elderly Persons and Persons with Disabilities
Abuse Prevention Act, Sexual Abuse Protection Act matters before the initial
contested hearing has been held or the period for requesting the initial contested
hearing has passed, whichever is later
Orders of Assistance
Orders to Show Cause re: Post Judgment Status Quo
Warrants in Lieu of Writ of Habeas Corpus
Orders to Show Cause re Modification

8
Extension of dismissal date when the current dismissal date is 30 days or fewer
from the date of the request for extension
Postponements or when the matter already has a date set on a retained judge’s
docket and that date is 30 days or fewer from the date of the request
Motions for Special Set/Complex Case Designation when the Trial Assignment
date is 30 days or fewer from the date of the request.
Order to Show Cause re: Telephone Testimony matters fewer than 30 Days before
hearing
Appointment of Temporary Guardians in adoption proceedings
Motions for Change of Judge (submitted to the Chief Family Court Judge or
delegate)
(4) For Probate matters: None. This includes all documents presented at the Chief
Probate Judge’s daily 8:45 AM short matters docket.
(5) For Juvenile matters presented to the Judge of the Case or at ex parte:
Transport Orders
Protective Orders
Motions for change of Judge (submitted to the Chief Family Court Judge or
delegate).
(6) For Small Claim and Forcible Entry and Detainer matters presented at the presiding
judge’s daily 9:30 AM and 1:30 PM ex parte sessions:
Motion for Change of Judge
Guardian Ad Litem Appointments
Motion for Judgment Debtor Bench Warrant

9
CHAPTER 3
DECORUM IN PROCEEDINGS
3.171 LOCAL ATTORNEY AS ATTORNEY OF RECORD
The local attorney under UTCR 3.170 (1) (c) will be designated as the attorney of record for the
represented party, unless otherwise specifically ordered by the court.
3.181 PUBLIC ACCESS COVERAGE IN AREAS OUTSIDE OF

COURTROOMS
In facilities occupied by the court, public access coverage in areas outside of courtrooms, other
than the Jury Assembly Room when jurors are in attendance and the Juvenile Justice Center, is
permitted only with the prior approval of the Presiding Judge. Requests to conduct public access
coverage in such areas may be made to the Office of the Presiding Judge at any time during the
business day. Public access coverage is not permitted in the court’s Jury Assembly Room when
jurors are in attendance or at any time in the Juvenile Justice Center in areas outside of the
courtrooms.
3.182 USE OF CELL PHONES AND OTHER PERSONAL DATA AND

COMMUNICATION DEVICES WHICH HAVE AUDIO RECORDING,
PHOTOGRAPHIC OR ANY OTHER VISUAL OR IMAGE RECORDING
OR REPRODUCTION CAPABILITY
(1) Cell phones and other personal data or communication devices which have text
transmission, audio recording, photographic or any other visual or image recording
or reproduction capability:
Constitute public access coverage equipment as defined in UTCR 3.180;
Such devices may be used in a facility occupied by the court only as provided by
UTCR 3.180, SLR 3.181, 6.027, and this rule;
Must be turned off when entering any courtroom in any facility occupied by the
court as provided by SLR 6.027, unless otherwise permitted by the judge
presiding over the proceeding, and must not be turned on for any use in a
courtroom without complying with SLR 6.027, UTCR 3.180 and this rule.
(2) Cell phones or other personal data or communication devices may be used in areas
outside of a courtroom, as defined in UTCR 3.180 and SLR 3.181, in a facility
occupied by the court without violating this rule or SLR 3.181, provided that such
use is restricted to the transmission of the user’s oral or written communication only
and does not involve any operation or use of the device’s audio recording,
photographic or any other visual or image recording or reproduction capability.
(3) In addition to any other consequence permitted under law or court rules, violators of
this rule are subject to being ordered by the court to delete any audio recording,
10
photographic or any other visual or image recording or reproduction made in a court
facility.
3.183 COURT PROCEEDINGS BY REMOTE MEANS
“Remote means” means making a court appearance or conducting a trial, proceeding, hearing, or
other gathering by telephone, video, other two-way electronic communication device, or
simultaneous electronic transmission, using technology approved by the court. Any participant
in a court proceeding, or the court on its own motion, may request to allow appearance by remote
means. The judge conducting the proceeding or the Presiding Judge (or designee) will determine
whether to allow appearance by remote means. Requests for appearance by remote means
should be allowed where appearance by remote means is permitted by law and allowing
appearance by remote means would not result in an unfair advantage or disadvantage to any
participant in the proceeding. Any participant in a hearing, including but not limited to attorneys,
parties, witnesses, or interpreters, appearing by remote means as described in 3.183 may not
appear while operating a motor vehicle even if the participant is otherwise in compliance with
Oregon law.

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CHAPTER 4
PROCEEDINGS IN CRIMINAL CASES
4.005 CRIMINAL PROCEDURE COURT ESTABLISHED
There is established a Criminal Procedure Court for the handling of misdemeanor and certain
felony matters under the direction of the Chief Criminal Court Judge and the Presiding Judge.
The responsibilities and procedures in such court are indicated herein.
4.007 WRITTEN PETITION REQUIRED TO BE FILED BY VICTIM OR

PERSONAL APPEARANCE OF VICTIM FOR HEARING TO REMOVE
NO CONTACT ORDER IMPOSED UNDER ORS 135.250 OR ORS 135.247
(1) A written petition is required to be signed and filed or presented at the hearing for
filing in the criminal action by the victim or by a district attorney who has agreed to
assert this right for the victim. In the alternative, an appearance by the victim at the
hearing to modify or remove the no-contact conditions and stating on the record
orally the petition to waive the no-contact conditions satisfies this requirement.
(2) Absent a written petition or appearance by the victim at the hearing as set out in
section (1) of this rule, the court will continue the no-contact order imposed under
ORS 135.250(2)(a) or ORS 135.247 pending a petition by the victim.
(3) A written petition under section (1) of this rule may be filed on a form provided by
the court or in a document that is in the same format and contains the same heading,
caption and content.
4.012 SCHEDULING MOTIONS IN FELONY AND MISDEMEANOR

CRIMINAL ACTIONS
Except for motions filed under SLR 4.025 and 4.065, or as otherwise provided in this rule, any
filed motion must be scheduled for hearing by the moving party.
(1) Scheduling Motions Filed Prior to Trial or the court’s Acceptance of a Plea of Guilty
on a Charge:
Except for cases specially assigned to a specific judge for all purposes, or for motions to be heard
on the day of trial by the judge assigned for trial from a Call or Criminal Procedure Court
calendar, to schedule a pretrial motion for hearing, in addition to any other requirements set by
law or rule, the moving party must contact the court by calling 971-274-0545 or emailing
MUL.Criminal@ojd.state.or.us, and request a date, time and location for the hearing. Motions in
cases assigned to a specific judge may be scheduled by contacting that judge.
(2) For Motions Filed During or After Trial or After the Court has Accepted a Plea of
Guilty on a Charge:

12
Any motion filed at trial, post trial or post plea of guilty must be set for hearing by
contacting the office of the judge who presided over the trial or plea. If a motion
is filed after sentencing, and the sentence was to a period of probation and a
probation judge was assigned who was not the sentencing judge, the motion must
be set by contacting the probation judge.
If a judge is no longer in office, then the motion must be set by contacting the
successor in office in that circuit court position number. Information regarding
which judge should be contacted to set a motion for hearing under this subsection
may be obtained by calling Criminal Calendaring.
If the motion arises from a trial or plea presided over by a Senior Judge or a Judge
Pro Tempore, and that judge is no longer appointed to sit in this judicial district,
then information regarding which judge should be contacted to set a motion for
hearing under this subsection may be obtained by calling Criminal Calendaring.
If a judge is requested to set a motion for hearing, and the judge determines that
the court lacks jurisdiction over the matter, then the motion will not be set for
hearing. The parties will be notified in writing by the court that it does not have
jurisdiction and the legal basis upon which it bases its conclusion.
4.015 DISCOVERY
Before any Motion to Compel Discovery is filed, a demand must have been made for the
materials. The motion shall include a statement that such a demand was made but not complied
with in whole or in part.
4.016 IN CAMERA REVIEW OF RECORDS
Unless otherwise ordered by the court, a motion for the in camera review of records by the court
shall be presented to the court as follows:
(1) Parties seeking an in camera review of documents in a criminal action shall file a
motion supported by an affidavit which includes a description of the records to be
reviewed, the information the party seeks to discover or protect contained in the
records, and the legal authority for the protection or disclosure of the information
contained in the records.
(2) For cases to be heard in the downtown courthouse, motions for in camera review of
records in misdemeanor cases will be calendared on the Criminal Procedure Court
(CPC) docket. Motions for in camera review of records in felony cases will be
calendared on the Presiding Judge’s Short Matters call docket for assignment.
Motions on cases proceeding in the East County Courthouse will be set on a
Gresham judge’s calendar for hearing.
(3) If the motion for the in camera review is granted, documents shall be directed to
Court Records, Room 03315 of the Courthouse for cases that will be heard in any
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courtroom in that facility. For cases that are to be heard in the East County
Courthouse, documents shall be directed to 18480 SE Stark Street, Portland, OR,
97233.
4.017 WAIVER BACK TO JUVENILE COURT FOR CRIMINAL ACTION

WAIVED TO CRIMINAL COURT UNDER ORS 419C.370 (1)
(1) To waive back to the juvenile court a youth waived from juvenile court under ORS
419C.370, a written motion, supported by an affidavit setting out the basis for the
request, must be filed in the criminal action within 60 days of arraignment in the
action. The motion must be served on the Office of the District Attorney and a
courtesy copy delivered to the Chief Family Court Judge. The Chief Family Court
Judge will set the motion for hearing. The hearing may be at the Courthouse or the
Juvenile Justice Center, and may be assigned to be heard by other judges of the
juvenile court.
(2) Only a judge of the juvenile court may make a determination regarding the requested
waiver of a youth from criminal court.
4.021 DOCUMENTS FILED ON CONTEMPT MATTERS INVOLVING

REMEDIAL SANCTIONS
All documents filed on contempt matters involving remedial sanctions must comply with SLR
19.021 requiring that such documents be filed separately from those addressing other matters in
the underlying case.
4.024 DEFENSE NOTICE OF SCHEDULING OR RE-SCHEDULING OF A

CRITICAL STAGE HEARING IN CASES SUBJECT TO ORS 147.500 TO
147.550
(1) Whenever a defendant in a criminal action subject to ORS 147.500 to 147.550

determines that it is necessary to schedule or to change a date or time for any
scheduled hearing which is defined as a critical stage of the proceeding under ORS
147.500(5), the defendant must provide notice of this intent and of the proposed date
and time for the setting or re-setting of the event to the prosecuting attorney. Except
for good cause shown, such notice should be provided at least 4 judicial days in
advance of the request being made to the court to schedule or re-schedule the event.
Notice for purposes of this rule may be provided by writing delivered to the office of
the district attorney or by conferring with the prosecuting attorney or the prosecuting
attorney’s designee within the district attorney’s office and providing the
information.
(2) The duty to provide notice under this rule does not apply in any case where, for
every person determined to be a victim by the prosecuting attorney, the prosecuting
attorney has filed a “notice of compliance with victims’ rights” as required by ORS
147.510 that reflects the victim waived their right to be informed in advance of any
critical stage of the proceeding.
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4.025 CRIMINAL CASE POSTPONEMENTS BY PRESIDING JUDGE;
CRIMINAL EX PARTE; AND, CRIMINAL PROCEDURE COURT
POSTPONEMENTS
(1) Postponements of felony cases may be presented to the Presiding Judge at Call or to
the Chief Judge of the Criminal Court prior to Call by setting a scheduling
conference with the Chief Judge of the Criminal Court, at which both the defense
attorney and assigned deputy district attorney are present. Requests for
postponement will not be allowed by the Chief Judge of the Criminal Court if
received less than twenty-four hours before the next Call appearance in Presiding
Court. Such requests must be presented at the Call proceeding as required by SLR
7.055.
(2) Motions to Rescind Bench Warrants ordered at a Call proceeding shall be presented
only to the Presiding Judge or designee at the morning ex parte session specified
under SLR 5.025. All other felony ex parte matters shall be presented at the morning
or afternoon ex parte sessions specified in SLR 5.025.
(3) For misdemeanor cases and for felony cases assigned to the Criminal Procedure
Court, requests for postponement of these cases or requests to rescind bench
warrants ordered in these cases must be presented to the Criminal Procedure Court.
4.031 TRANSPORT OF PARTY OR WITNESS FROM OREGON

DEPARTMENT OF CORRECTIONS
Transport orders for a party or witness held in an Oregon Department of Corrections facility
must be presented for signature and filed ten days prior to the scheduled hearing.
4.035 ISSUANCE OF SEARCH WARRANTS
(1) A request for a search warrant may be made to any Circuit Court Judge, subject to
any procedures established by the Presiding Judge.
(2) Prior to presenting a request for a search warrant, the applicant shall:
Obtain prior approval from a District Attorney who has personally reviewed the
facts underlying the application;
Provide the name of the reviewing District Attorney; and
Verify that the search warrant application has not been presented to any other
judge.
(3) For search warrant requests outside of the normal business hours of the court, the
request for a search warrant must be made to the judge assigned to be the “duty
judge” for after-hour search warrant requests. If the duty judge cannot be contacted,
the request may then be made to any other circuit court judge.
15
4.045 VIEWING EXHIBITS IN CRIMINAL PROCEEDINGS
In recognition of the need to ensure the security of criminal exhibits, viewing shall be limited to
the attorney of record unless otherwise ordered by the court.
4.055 CIVIL COMPROMISE
The defendant must appear personally for a civil compromise hearing.
4.065 MOTIONS TO REMIT SECURITY FORFEITURE JUDGMENTS
(1) A defendant or surety may apply to the court for a remission of a forfeiture of the
security amount by:
Filing with the court, and serving upon the District Attorney, a written Motion for
Remission of the Judgment or Order of Forfeiture, accompanied by an affidavit
stating good cause for the remission; and
If necessary, appearing at a hearing to further inform the court why the Judgment
or Order of Forfeiture should be rescinded.
(2) The court may decide to grant or deny the motion without any appearance by the
applicant and to notify the applicant by mail of its decision. If a hearing is necessary
on the Motion for Remission, the court will notify the applicant of the date and time
of the hearing.
4.066 PAYMENT OF SECURITY DEPOSITS; PAYMENTS OF OTHER COURT

ORDERED OBLIGATIONS
(1) For cases within the scope of this chapter, the form of payment accepted and the
location and method for depositing security are as follows:
If a defendant is in the custody of the Multnomah County Sheriff’s Office or any

other agency on a warrant issued by the Multnomah County Court, security
amounts for the release of the defendant are collected by the Sheriff’s Office and
processed pursuant to the cooperative agreement between that agency and the
court.
A defendant who is in custody, or a surety for an in-custody defendant, must post

cash, cashiers’ check, or an Inmate Trust Account check to deposit security
pursuant to ORS 135.265(2). Personal checks or debit/credit cards are not
accepted as security for release from custody.
If the full amount of security is posted in the form of real or personal property,
stocks or bonds, as prescribed in ORS 135.265 (3), the security release must be
processed by the Criminal Division of the Trial Court Administrator’s Office, and

16
a Judge must review the supporting affidavits prior to the defendant’s release
from custody.
If a defendant is out of custody and a warrant has been issued, a court appearance
is required prior to clearing an outstanding warrant, unless otherwise ordered by
the court. If a court orders that the court appearance to withdraw the warrant is
waived and the warrant is to be recalled from the Sheriff upon payment of the
security deposit set, then the defendant or the defendant’s surety may pay the
security in the Customer Service Area of the Central Courthouse or at the East
County Courthouse if the warrant arises in a criminal action filed in that court
location. Payment must be in the medium allowed by this rule.
(2) In any case within the scope of this chapter, a defendant's attorney may write a check
from the attorney’s trust account to deposit security for the defendant.
(3) Personal checks may be accepted by the Criminal Division of the Office of the Trial
Court Administrator for payment of court-ordered obligations other than security.
4.067 REFUND PROCEDURES
All refunds are made by mail.
4.075 DUII DIVERSION
The following procedures shall apply to all driving under the influence of intoxicants (DUII)
cases:
(1) On each charge of DUII, the district attorney shall review the incident and the
defendant’s history to determine if the defendant is eligible for DUII Diversion or if
the state will object to the defendant’s participation in the diversion program. This
review shall be completed prior to the date set for the first appearance of the
defendant on the charge. The determination of whether the defendant is eligible for
participation in DUII Diversion shall be announced at the first appearance
proceeding.
(2) If the defendant appears at the time set for first appearance, is unrepresented by
counsel and requests time to obtain counsel, the defendant's arraignment will be set
over for two weeks only, unless a longer period is permitted by the court.
(3) In all other cases, counsel will be appointed if it is appropriate to do so, the
defendant will proceed with retained counsel, or the defendant will be allowed to
proceed without counsel.
(4) The court will arraign the defendant at first appearance. If the district attorney has
determined that the defendant is eligible to enter DUII Diversion, then the case will
be continued for the defendant to file the diversion petition and to appear to enter a
plea of guilty. If the state is not able to determine if the incident or the defendant is
17
diversion eligible at the time of arraignment or determines that the defendant is not
eligible to enter diversion and files an objection, then the case will be set for jury
trial in the normal course with leave to the defendant to file a petition, if timely, and
to set a hearing for the court to make a final determination on this issue.
(5) If more than 30 days has elapsed from the date of first appearance set on the uniform
citation summons and complaint or set in a release agreement on a release from
custody on a law enforcement officer’s probable cause arrest and booking of the
defendant for DUII, the defendant must first appear for a determination by the court
that there is good cause for the late filing of the petition before the defendant may be
accepted into the diversion program.
(6) Objections to Diversion
The District Attorney's objections to diversion shall be in writing.
The defendant or the defendant's attorney will be given notice by the court that an
objection has been filed.
If the defendant elects to contest the objection, the defendant may set the
objection for a formal hearing.
Contested objection hearings may not be utilized to seek post-conviction relief on

a prior conviction. Such relief shall be filed with the Circuit Court.
If an objection is contested and the court sustains the objection to diversion, or if

the defendant elects not to contest the objection, the case shall be set for trial or
plea.
(7) No refunds of diversion fees will be made to any individual who for any reason fails
to complete the program after diversion has been granted.
(8) If companion violation offenses are filed at the time the diversion charge is filed,
such companion citations will remain with that charge until the petition is allowed
by the court. If the petition is allowed, the judge in the diversion court will take a
plea of no contest or set the companion charges for trial.
(9) If a misdemeanor is filed with a diversion charge, the cases shall be consolidated,
and shall remain consolidated, until the diversion hearing. If diversion is granted,
the cases shall be severed and the companion case will be set for trial.
(10) If a diversion offense is filed in a single charging instrument with one or more felony
charges, unless severed, the diversion petition must be filed timely in the case
containing the felony charges.

18
(11) Diversion cases filed in the East County Courthouse shall be processed and screened
as indicated in this Rule. The judge will rule on the timeliness of the diversion
request and will determine whether diversion will be allowed.
(12) Except for SLR 4.075(11), decisions on diversion eligibility or disqualification will
be made by the judge assigned to the diversion court. Decisions on whether to grant
or deny an extension of the 12 month diversion period under ORS 813.225 will also
be made by the judge assigned to the diversion court. No attorney or defendant shall
request that judge's decision to be reconsidered or reviewed by any other judge in the
Circuit Court.
(13) If at the end of the initial diversion period all requirements have been met and the
defendant or their representative has filed a motion for dismissal as outlined in ORS
813.250, the court will administratively dismiss the DUII charge without the need
for a hearing.
4.081 APPEARANCE AT CRIMINAL PROCEEDINGS BY MEANS OF

SIMULTANEOUS ELECTRONIC TRANSMISSION
(1) The court may conduct appearances in any criminal proceeding by simultaneous
electronic transmission as provided in UTCR 4.080 (1) and under law, if the
technology in the courtroom meets the requirements of the rule.
(2) Appearance by simultaneous electronic transmission is allowed as authorized by

ORS 131.045 in proceedings as provided herein unless specifically prohibited by
statute or the United States or Oregon Constitution.
Appearance by defendants who are not in custody, attorneys, victims, witnesses

and others may occur by simultaneous electronic transmission in the following
proceedings unless one of the parties notifies the court at the time the hearing is
set, or by written motion prior to the time of the hearing, that the party does not
agree to appearance by simultaneous electronic transmission.
(i) Case assignment or case management hearings in felony and

misdemeanor cases;
(ii) Misdemeanor Trial Readiness hearings;
(iii) Pre-trial motions where no testimony is taken;
(iv) Substitution of attorney hearings where attorney asserts an actual

conflict; and
(v) Initial appearance when a person is charged with a probation violation.
In arraignments, felony defendants may appear by simultaneous electronic

transmission if the appearance complies with ORS 135.030(3).
19
(3) Upon learning of an objection of one of the parties to the appearance by
simultaneous electronic transmission in any proceeding subject to ORS 131.045(2),
or if the court disagrees with the appearance by simultaneous electronic
transmission, the court shall grant a reasonable continuance if the person who would
otherwise be appearing by simultaneous electronic transmission is unable to be
personally present at the time scheduled for the proceeding.
4.101 HABEAS CORPUS – DOCUMENTS AND FILING
A petition for a writ of habeas corpus must be filed separately from the underlying case in the
circuit court, if such a case exists, and must be filed as provided by SLR 7.101.
4.109 ATTORNEY SUBSTITUTIONS AND WITHDRAWALS
(1) In specially assigned cases the permission of the assigned judge is required for
substitution or withdrawal of defense counsel. In appropriate cases, the assigned
judge may refer any hearing regarding substitution of counsel to the Chief Criminal
Judge or the Presiding Judge.
(2) In all cases in which a substitution or withdrawal will result in the need for a court-
appointed attorney, the substitution or withdrawal may only be done with court
approval and by following the procedures in this section. Attorney changes within
the same firm are exempt from this rule; however the attorney must file a Notice of
Substitution.
In misdemeanor cases, substitution hearings must be scheduled on the CPC

docket on the day designated for substitution regardless of the type of conflict at
issue. Attorneys should consult the CPC rules regarding any applicable
provisions.
In felony cases, if a request for substitution is based on Oregon Rules of

Professional Conduct (ORPC) 1.7, 1.9, 1.10 or other “actual” conflict, the
attorney may schedule a hearing with the Chief Criminal Judge, or, if the attorney
can make the representations set out in Section (4) of this rule, may present the
motion to Presiding Court ex parte after notifying all parties. If the attorney
requesting substitution is a court-appointed attorney, the attorney may use the
procedure to e-file the motion pursuant to Section (4). Appearances by
simultaneous electronic transmission are allowed for hearings under (2)(b).
In felony cases, if a request for substitution or withdrawal is based on ORPC 1.16,

or on the defendant’s motion for new attorney, the attorney must schedule a
hearing with the Chief Criminal Judge. Defendants must appear in person at these
hearings.

20
(3) For cases in which an attorney not appointed by the court is seeking substitution,
termination, or withdrawal, and in which a new court-appointed attorney is not being
requested, the following procedures apply:
When a case is more than 30 days away from trial or from the expiration of the
time period under ORS 136.295:
(i) A substitution when another attorney is accepting representation may be

achieved by filing a Notice of Substitution that complies with UTCR
3.140. When an attorney is employed or appointed to appear in an
already pending case, the attorney must immediately notify the court and
opposing counsel pursuant to UTCR 3.140(3).
(ii) A termination or withdrawal when it is unknown whether another

attorney is accepting representation may be achieved by filing a Notice
of Termination or Notice of Withdrawal that complies with UTCR
3.140. The attorney must also schedule a hearing before the Chief
Criminal Judge in felonies or in CPC for misdemeanors in order for the
court to address the attorney status for the case.
When the case is within 30 days of trial or the expiration of the time period under
ORS 136.290:
(i) A substitution when another attorney is accepting representation requires a

Motion for Substitution that complies with UTCR 3.140. If either party is
requesting the next court date be changed, the attorney must also schedule
a hearing before the Chief Criminal Judge in felonies or in CPC for
misdemeanors. A hearing is not required if there is no date change or if the
defendant submits the Motion at Presiding or CPC ex parte along with a
stipulated setover date that is accepted by the court. Attorney changes
within the same firm are exempt from this rule if no party is requesting a
continuance; however, the attorney should file a Notice of Substitution.
(ii) A Notice of Termination or Motion to Allow Withdrawal when it is
unknown whether another attorney is accepting representation requires
filing a notice or motion as applicable and scheduling a hearing before the
Chief Criminal Judge in felonies or in CPC for misdemeanors.
Unless otherwise ordered by the court, appearance by simultaneous electronic

transmission is permitted for hearings set under Rule (3).
(4) In felony cases, or in misdemeanors if permitted by CPC rules, attorneys filing

motions subject to Section (2)(b) of this rule may e-file a Motion for Substitution
and accompanying declaration or affidavit and provide a courtesy copy by e-mail of
the motion and declaration to all appropriate parties, the Chief Criminal Judge and

21
the Chief Criminal Judge’s JA. No hearing is needed if the declaration addresses all
of the following:
The general reason for the actual conflict;
Affirmation that the attorney has consulted with the client and the client
understands the reason for the substitution;
Affirmation that the client waives the right to be present for a hearing;
Affirmation that the client grants permission to turn over case materials to new
counsel. If the client grants permission, counsel should send discovery as soon as
practicable to the court’s indigent defense coordinator.
Whether the client is in custody, and if so, what the status is for ORS 136.290 or
135.763, or for probation violations, the status for ORS 137.545(6).
Affirmation that the client understands that depending on the status in (4)(e), the
court could find good cause to extend any of those deadlines based on the
substitution of counsel.
If the case is within 30 days of trial, that the State is not seeking a hearing to
address the next court date.
Information of the above matters must be provided for each case in which counsel
seeks substitution.
(5) Administrative substitutions are permitted by submitting a proposal to the court’s

indigent defense coordinator with an explanation why an administrative substitution
is appropriate, i.e., a case was mistakenly assigned to an attorney who was
previously substituted off the case, or a case went to an incorrect public defender
agency, or other clerical error. The court retains discretion to decline administrative
substitutions and require a hearing be set.
4.165 NOTICE FOR TRIAL COURT ADMINISTRATOR REQUIRED FOR

ORDERS TO SEAL A FILE OR DOCUMENTS SUBMITTED UNDER
SEAL
(1) If at any time in a criminal case a party requests an order which requires the trial
court administrator to seal a file or document, the party must give notice to the trial
court administrator of the motion. Notice must be in writing, signed by the attorney
or party, and a copy of the submitted form of order must be attached to the notice.
Such notice shall be filed conventionally.
(2) When the court permits documents to be submitted for filing under seal of the court,
the documents should be filed in 9 X 12 inch sealed envelope and be labeled on the
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face (address) side of the envelope with the case caption, case number, and the title
of the documents (i.e. Response to Motion to Compel Discovery and Affidavit). The
envelope should be marked clearly on both sides “Documents Under Seal of the
Court.” Larger envelopes may be used for bulky documents.

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CHAPTER 5
PROCEEDINGS IN CIVIL CASES
5.014 ASSIGNMENT OF A MOTION JUDGE FOR A CIVIL ACTION
(1) A motion judge for a case will be assigned to each civil action at the time all parties
have appeared and any non-appearing parties are subject to an order of default, or
have been dismissed from the action. The assignment of a motion judge will be by
order of the presiding judge filed and entered in the action and written notice of the
order will be provided by the court to each appearing party by sending it to the
party’s electronic or US Postal Service mailing address for purposes of the action.
(2) If a motion judge for a case is required prior to the times set out in section (1) or as
provided in section (3), then the moving party must appear at the presiding judge’s
ex parte time for civil actions and request that a motion judge be assigned to the
action. The presiding judge will assign a motion judge by order at that time. Actual
notice of the assignment must be provided to all appearing parties by the party
appearing at ex parte. Prior notice of the ex parte appearance must be given as
required by SLR 5.025.
(3) A motion judge will not be assigned under this process to any case that is a writ of
review or a writ of mandamus, that is otherwise specially assigned by the presiding
judge to a judge, including complex cases, or any case assigned to arbitration, where
the arbitrator has authority to hear and determine the matter. If the motion is beyond
the authority of an arbitrator, if arbitration is concluded and the case will continue, or
if the special assignment of the case is ended and additional pretrial motions are
required, then a party may appear as provided in section (2) of this rule and request
the assignment of a motion judge.
5.015 CIVIL ACTION MOTION SETTING; RESPONSIBILITY OF MOVING

PARTY; AUTOMATIC CONSENT TO HEARING BY NON-APPEARING
PARTY
Methods of Setting Civil Motions
(1) In circuit court civil actions, contested pretrial motions (excluding ex parte) shall be
set for hearing by contacting the assigned motion judge in the action, by contacting
the Civil Calendaring Motion Clerk for setting a motion for summary judgment, by
an Order to Show Cause, or by order of the Presiding Judge or the Presiding Judge’s
designee.
(2) If the Presiding Judge places a motion on the civil motion docket, the court may
provide notice by telephone.
(3) Requests for an expedited setting of a civil motion must be presented to the judge
assigned as the motion judge in the action. If no motion judge has been assigned,

24
then the request for a motion judge must be made at the presiding judge’s ex parte,
as provided in SLR 5.014 (2).
Notice of motion hearing time, date and location
(4) This paragraph applies to cases for which a motion judge has been assigned under
SLR 5.014. Except for motions for Summary Judgment, the moving party must
coordinate for all parties’ dates of availability to the court for a motion hearing,
contact the assigned motion judge and set the matter. The moving party must
provide to all parties notice of the time, date, and location set for the hearing, and the
name of the judge who will hear the motion. Notice to the parties may be by any
means of communication to which the parties mutually have agreed. If there is no
agreement as to the means for giving notice, then notice must be given in writing and
delivered to each party. If notice is challenged, in a hearing on the matter of absence
of a party at a hearing under paragraph (8) of this rule, the moving party shall have
the burden of proving notice in the manner agreed by the parties to the action was
provided to the challenging party. Failure to provide notice of a hearing’s time, date
and location as required by this section may result in sanctions as provided by UTCR
1.090, including striking the underlying motion.
(5) Motions for Summary Judgment in actions subject to paragraph 4 must be set by
calling the Civil Calendaring Motion Clerk at 971-274-0540, and not the motion
judge assigned to the case. In all other aspects, section (4) of this rule applies to the
moving party setting a motion for summary judgment.
Service Period on Opposing Parties and Courtesy Copy of Motion, Response and Reply to
Assigned Judge
(6) The moving party shall deliver a courtesy copy of the motion to the assigned motion
judge and serve the parties on the date the motion is filed with the court. The
moving party must file the motion, serve the opposing parties and provide a judge’s
courtesy copy of the document not later than 7 days following the date on which the
time and date for a hearing is set for the motion. Any party opposing a motion shall
submit a courtesy copy of the responding documents to the assigned judge and serve
the parties at the same time the response is filed with the court, but in no event less
than one judicial day prior to the date of the hearing unless time has been shortened
by the assigned motion judge. Any party filing a reply to a response to a motion,
must deliver a copy of the reply document to the assigned judge and serve the parties
on the date the reply is filed with the court, but in no event less than one judicial day
prior to the date of the hearing.
Failure to File Motion within Seven Days
(7) If the moving party fails to file the motion within seven days after the motion is set
for a date and time certain under paragraph (3) of this rule, absent an order of the
court permitting additional delay, the court may impose sanctions as provided by
UTCR 1.090.
25
Absence at Motion Hearing
(8) A matter set on a civil motion docket may be decided even though some or all of the
parties or attorneys are not present. Such a hearing shall be deemed consented to by
the parties not appearing.
5.016 SUMMARY JUDGMENT MOTIONS
In all cases other than cases designated as complex cases, a motion for summary judgment will
be assigned to be heard by an attorney appointed by the Supreme Court to serve as a judge pro
tempore. Upon a timely request by any party, the court will reassign a summary judgment
hearing to a sitting circuit court judge. To be timely, the party requesting reassignment must
present a Motion and Order to Reschedule Summary Judgment Hearing in Front of a Sitting
Judge (Forms 05-78A and 05-78B) to the Presiding Judge at ex parte within 5 calendar days of
the initial assignment to a judge pro tempore. Any party requesting to reschedule a summary
judgment hearing assigned to a judge pro tempore but not requesting reassignment to a sitting
circuit court judge must present a Motion and Order to Reschedule Summary Judgment Hearing
(Forms 05-44A and 05-44B) to the Presiding Judge at ex parte.
5.017 SERVICE OF MOTION AT OR BEFORE DELIVERY OF COPY TO

JUDGE
In any civil action, the service of a contested motion, response, or reply on opposing parties must
occur before or simultaneously with the delivery of a copy of the document to the judge assigned
to hear the matter.

REMEDIAL SANCTIONS
5.025 CIVIL EX PARTE MATTERS
(1) Ex parte matters shall be heard each judicial day before the Presiding Judge or
designee at 10:30 am or at 1:30 pm. Ex parte matters in designated “complex” cases
or cases assigned to a judge for “all matters” must be presented to the assigned
judge.
(2) Contested matters, unless otherwise allowed by these rules, shall not be presented at
ex parte. Such matters shall be subject to the requirements of SLR 5.015. Only the
following contested matters may be presented at ex parte:
Application for a temporary restraining order under ORCP 79 (B)(1), when the
adverse party appears and is permitted by the court to address the merits of the
request.
26
(3) Except as otherwise allowed by statute or waived or consented to by the opposing
party, any party seeking ex parte relief must provide one judicial days’ notice to the
opposing party of the date, time and court where the ex parte relief will be sought.
A party appearing will be required to advise the court if they have had contact with
the opposing party prior to the ex parte appearance, and the opposing party’s
position on the matter presented to the court. Parties appearing at ex parte for
purposes of compliance with timelines under SLR 7.045, Motion for Change of
Judge, are excused from the one day notice requirement of this rule but must provide
the notice prior to the ex parte appearance.
(4) Ex parte motions must be accompanied by a proposed order unless otherwise

instructed by the court.
5.035 ORDERS BY PREVAILING PARTY; PRESENTING JUDGMENTS AND

ORDERS FOR JUDICIAL SIGNATURE
(1) Every motion submitted by stipulation or ex parte — including motions for default,
motions for a temporary restraining order, orders to show cause, or other provisional
process — must be submitted with a corresponding order for judicial signature.
Contested motions should not be submitted with a proposed order at the time of
filing. Instead, a proposed order should be submitted after the judge’s ruling on the
motion. Unless otherwise ordered, after a motion ruling it is the responsibility of the
prevailing party to draft an order incorporating the ruling and to submit it to the
proper judge, accompanied by proof of service on all other parties not in default in
compliance with UTCR 5.100.
(2) Any judgment or order requiring the signature of a pro tem judge, reference judge, or
senior judge not employed by the court shall be directed to the private business
office of that judge unless that judge directs otherwise. Judicial officers receiving
proposed orders or judgments at their private business offices will forward the
signed orders to Presiding Court for filing. Judgments or orders requiring the
signature of a referee employed by the court shall be directed to that referee’s office
at the court.
(3) All judgments, orders, and other documents requiring the signature of a specific
judge shall be sent directly to that judge. The judge’s name must appear in
parentheses in the case caption below the document title. Orders and judgments
submitted to Presiding Court ex parte should not contain a judge’s name in the case
caption.
5.036 IN CAMERA REVIEW OF RECORDS
Unless otherwise ordered by the court, a motion in a civil action requesting a hearing for the in
camera review of records by the court be presented to the court as follows:
(1) A party seeking an in camera review of documents shall present at the presiding
judge’s civil ex parte session a motion supported by an affidavit and with a form of
27
order for the inspection. The motion and affidavit must include a description of the
records to be reviewed, the information the party seeks to discover or protect
contained in the records, and the legal authority for the protection or disclosure of
the information contained in the records. If the motion is allowed, the in camera
review will be given a date on the Presiding Judge’s Short Matters Call docket for
assignment to a judge for the review proceeding.
(2) If the motion is allowed, documents to be reviewed by a judge in camera shall be

directed to Court Records, Room 03315 of the Courthouse.
5.045 NO MOTIONS FOR RECONSIDERATION; EXCEPTIONS
(1) No Motion for Reconsideration on any pre-trial, trial, or post-trial civil or criminal
matter shall be heard, reviewed, or considered by any judge sitting in the Fourth
Judicial District; nor shall any such judge review a ruling rendered by any other
judge except under (2).
(2) This rule shall not apply to any statutory motion to modify, set aside, vacate,
suppress, or rescind; nor shall it obstruct the authority of the assigned trial judge to
review any previously-filed motions.
5.071 REMOVING A PARTY FROM A FILED ACTION OR THIRD PARTY

ACTION IF AMENDED COMPLAINT OMITS THE PARTY
After commencing an action under ORCP 3 or after commencing a third party action under
ORCP 22, a party named will only be removed from the case as a party by entry of a court
generated order pursuant to UTCR 7.020 or by an appropriate form of judgment (Limited or
General) presented to the court. Merely omitting a party previously named from an amended
pleading does not remove that party from the case.
5.105 PRIOR TO SUBMITTING FORM OF JUDGMENT FOR SETTLEMENT

OF PERSONAL INJURY OR WRONGFUL DEATH CIVIL ACTIONS:
REQUIREMENTS WHEN MINOR CHILD OR INCAPACITATED
PERSON APPEARS BY GUARDIAN AD LITEM
See SLR 9.055 for condition precedent to submission of the form of judgment for a judge’s
signature on settlement of civil actions when a minor child or incapacitated person appears by
Guardian Ad Litem.
5.161 JUDGMENT DEBTOR ORDERS
Authorized Without Predetermined Hearing Date
Except in the East County Courthouse and small claims actions adjudicated in the Multnomah
County Central Courthouse, appearance dates for judgment debtor/garnishee hearings shall be set
at the discretion of the creditor for any judicial day at 11:00 am in Courtroom 7A. The creditor
must give the debtor/garnishee at least seven days notice of the date of the examination, unless a
28
longer period is required by statute. The Presiding Judge will set an appearance date only if
specifically requested to do so by the creditor. Small claims judgment debtor/garnishee hearings
in the East County Courthouse are scheduled for one Friday each month. The judgment creditor
may select a time and date by calling the East County Courthouse. Judgment debtor/garnishee
hearings arising from small claims actions adjudicated in the Multnomah County Central
Courthouse will be set at the discretion of the creditor, but must provide at least seven days
notice to the debtor. Forms are available in the Customer Service Area of the Multnomah County
Central Courthouse.
Valid for Six Months
(1) Appearance orders signed by the Presiding Judge without an appearance date shall
remain valid for six months from the date of signature.
Location of Appearance Limited to Multnomah County Courthouse and East County

Courthouse
(2) The debtor/garnishee shall not be compelled to appear at a location other than the
Multnomah County Courthouse or East County Courthouse without the written
consent of the debtor/garnishee.
(3) Requests to the court for remedial sanctions to be imposed on a judgment debtor
must comply with rule 5.021.
5.165 PROTECTIVE ORDERS AND FILING DOCUMENTS UNDER SEAL IN

CIVIL CASES
(1) All motions for entry of a protective order—whether contested or stipulated—should

be presented to the assigned motions judge. A motion and proposed order to file
specific documents under seal under the terms of a protective order or otherwise
should be presented to the assigned motions judge. If a motions judge has not yet
been assigned, the moving party should request assignment of a motions judge under
SLR 5.014(2).
(2) Parties should not submit proposed protective orders that allow or require parties to
file documents designated as “Confidential” under seal without a further order from
the court. Instead, a proposed protective order shall include the following:
“A party seeking to file under seal documents designated as CONFIDENTIAL under

this protective order must file a motion to file documents under seal that specifies:
(a) the statutory authority for sealing the documents; (b) the reasons for protecting
the documents from public inspection; and (c) a description of the documents to be
sealed. The judge hearing the motion may require the moving party to submit the
documents to the court for in camera review.”

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(3) The court will return unsigned any proposed protective orders that do not comply
with this requirement.
5.181 CHALLENGE TO GARNISHMENT NOT TO CONTEST JUDGMENT
Challenge to Writs of Garnishment which contest the underlying judgment will be denied by the
court.
5.182 CHALLENGE TO GARNISHMENT- PERSONAL FINANCIAL

DOCUMENTS TO BE FILED UNDER SEAL
The clerk of the court shall file and designate confidential any exhibits to a Challenge to Writ of
Garnishment that contain personal financial information that would not otherwise be publicly
available.

30
CHAPTER 6
TRIALS
6.012 PRE-TRIAL SETTLEMENT CONFERENCE PROCEDURES
The following procedures shall apply to pre-trial settlement conferences in all pending civil and
domestic relations cases, when ordered by the court pursuant to UTCR 6.010, 6.200, or requested
by a party or the party's attorney:
(1) If one party requests a pre-trial settlement conference, the settlement conference
shall be held and shall be conducted according to the procedures set forth in this rule.
Except in the case where the court orders a conference, the pre-trial settlement
conference will not be required if the opposing party demonstrates good cause why
the settlement conference should not be held. The judge conducting the settlement
conference may require the party requesting a conference to certify that reasonable
efforts to achieve settlement have been attempted by the parties and that they have
been unable to resolve the controversy without the court's assistance.
(2) The Presiding Judge shall designate a judge or judges who shall conduct pre-trial
settlement conferences. In the event a party requests a specific judge to conduct a
conference, that request shall be honored as fully as practical under the
circumstances.
(3) Each trial attorney and party or representative of a corporation or insurance company
who has full authority to settle and compromise the litigation shall personally appear
at the pre-trial settlement conference. However, the assigned judge may permit
telephone appearances for good cause.
(4) Each pre-trial settlement conference shall be scheduled to allow adequate time for
meaningful settlement discussions. Additional settlement conferences may be
scheduled by the assigned judge or by agreement of all attorneys and parties.
(5) The pre-trial settlement conference shall not delay the trial scheduling, but the
Presiding Judge may delegate to the assigned judge limited or unlimited authority to
continue the trial date by the mutual agreement of the parties and their attorneys.
(6) No judge conducting a pre-trial settlement conference under this rule shall be
permitted to act as trial judge if the case does not settle, unless the parties stipulate to
such procedure.
(7) Each attorney or party shall submit to the assigned judge, at least one business day
prior to the scheduled pre-trial settlement conference, information regarding the
case. In domestic relations cases, counsel shall also provide a copy of the proposed
distribution of assets and liabilities, and, if support is involved, the proposal for and
computation of support, to opposing counsel at least one business day prior to the
scheduled pre-trial settlement conference. Except for the information described in
the preceding sentence, any documents or information submitted to the judge shall
31
be presumed confidential, unless a copy is provided to the opposing side(s). The
assigned judge shall make available forms for the submission of such information,
but an attorney or party may submit such other or further information to the judge to
inform the court of the issues in the case.
(8) No submissions under SLR 6.012(7) shall be included in the court file, nor shall any
notes prepared by the judge be filed or otherwise disclosed, except by permission of
the attorneys and/or parties or by court order.
(9) The assigned pre-trial settlement conference judge shall inform the calendar clerk of
the occurrence of the conference, the possibilities of settlement, and the estimated
length of trial time, in the event the case does not settle at the conference. No other
information regarding the case or the conference shall be communicated to the trial
judge or the jury.
(10) The presiding judge may require a trial-setting conference prior to, or following, the
pre-trial settlement conference, pursuant to UTCR 6.010.
6.025 PAYMENT OF TRIAL FEES AND HEARING FEES
(1) A fee receipt, fee waiver, or fee deferral must be presented to the courtroom clerk
prior to commencement of a trial or hearing where a fee is required to be paid under
ORS 21.225 or 105.130.
(2) Fees payable at the conclusion of the trial shall be paid by 5:00 pm. on the day trial
concludes unless the fee is waived or deferred. If the trial concludes after the close
of business, the fees shall be paid the morning of the first court day thereafter. For
purposes of this rule, a jury trial shall be deemed concluded when the jury returns a
verdict.
(3) The trial judge may elect to delay commencement of the case until the fees are paid,
but failure to pay the fees as stated in SLR 6.025(1) shall not be grounds for a
postponement.
6.027 PERSONAL COMMUNICATION DEVICES IN JURY ROOMS DURING

DELIBERATIONS AND IN COURTROOMS DURING PROCEEDINGS
(1) Unless otherwise permitted by the judge presiding over the trial, personal data or
communication devices (any electronic or other equipment capable of
communicating with others outside a jury room, including, but not limited to
personal computing devices, cell phones and pagers) are not allowed in a jury room
during jury deliberations.
(2) After a jury has been instructed and charged to commence deliberations the
courtroom clerk will collect all such devices and retain them in a secure place during
deliberations.

32
(3) See SLR 3.182 regarding the operation of cell phones and other personal data and
communication devices which have audio recording, photographic or any other
visual or image recording or reproduction capability.
6.051 SUBMISSION AND COPIES OF MOTIONS, BRIEFS, MEMORANDA,

AND POINTS AND AUTHORITIES; COPIES TO BE DESIGNATED
TRIAL COURT COPY
(1) A copy of a motion, brief, or memoranda shall be submitted directly to the judge
scheduled to hear the matter.
(2) The copy of the motion and all supporting documentation for the use of the judge
shall be designated “TRIAL COURT COPY.”
(3) Copies shall identify the name of the judge hearing the motion, the time of the
hearing, the date of the hearing or the show cause assignment date, and the room
number of the hearing.
(4) Jury Instructions, Verdict Forms, Trial Memorandums, Motions to Suppress,

Motions in Limine, and similar materials shall be submitted to the assigned trial
department by noon of the day of trial assignment at daily call by the Presiding
Judge. This rule does not apply to trial assignments made after daily call is
concluded.
6.141 HAZARDOUS SUBSTANCES
In addition to the definition found in UTCR 6.140 (2), a hazardous substance is defined as any
substance listed in, or hereinafter added to, the Federal Aviation Authority Regulations on
Hazardous Substances, any provisions of the United States Code defining hazardous substances,
or the Federal Controlled Substances Act; or is any potentially dangerous or contaminated
substance capable of inflicting death or serious physical injury either immediately or over the
course of time. A hazardous substance shall include any device or implement which carries,
contains, or exhibits such characteristics.

33
CHAPTER 7
CASE MANAGEMENT AND CALENDARING
7.015 TRIAL READINESS CIVIL CASE MANAGEMENT CONFERENCE
(1) The parties in all civil cases must participate in a trial readiness case management
conference unless the case has been dismissed, transferred to arbitration, transferred
to the Expedited Civil Jury Trial Program or transferred to a special assignment,
unless the Presiding Judge otherwise directs. The court will not generate a trial date
in these cases without conferring with the parties and there will be no “regular
course” trial date postponements. The purpose of this conference is to facilitate the
selection of a firm trial date and to assess readiness for trial. The court will ask the
parties to identify remaining tasks to be resolved including discovery issues,
expected remaining pretrial motions, and any known scheduling problems for parties
and witnesses. Parties are expected to be prepared to discuss these matters and to
present to the court a proposed trial date to which the parties have agreed. The court
will set a trial date no later than one year from the filing of the original complaint or
six months from the filing of a third party complaint under ORCP 22C, whichever is
later, unless the parties establish good cause for a later trial date. If the court permits
a case to be scheduled beyond one year, the parties will be subject to SLR 7.016 and
will be required to participate in a case status conference prior to the trial date. Any
request for a postponement of the trial date selected at the trial readiness conference
must be presented as provided in 7.025 and will not be granted without a showing of
good cause.
(2) At least thirty-five days prior to the conference the court will send notice to all
counsel or self-represented litigants who have appeared in the case unless this period
is waived or shortened by the Presiding Judge. The notice will announce the date
and time for the conference, the location and instruct the parties to come prepared
with an agreed upon trial date. A postponement of the Trial Readiness Civil Case
Management Conference may be granted for good cause shown presented by a
request, supported by a motion and declaration, at the Presiding Judge’s ex parte.
(3) The parties may appear by phone unless the court otherwise indicates.
7.016 PARTICIPATION IN APPROPRIATE DISPUTE RESOLUTION
(1) Every civil case shall be subject to subsection (2) of this rule.
(2) All parties and their attorneys, if any, are required to participate in some form of
appropriate dispute resolution, beyond negotiation directly or indirectly to reach a
joint settlement, including, but not limited to, arbitration, mediation or judicial
settlement conference. The parties must sign and file, within 365 days from the
filing of the first complaint or petition in the action, a certificate (See Certificate of
Participation in Alternative Dispute Resolution, Forms Appendix) indicating that the
parties have participated in such ADR mechanisms. If the action is fully disposed of

34
in the circuit court within 365 days from the filing of the first complaint or petition
in the action, no certificate need be filed under this rule.
(3) The requirements of this rule shall not require mediation or arbitration of a case
otherwise exempt from arbitration or mediation requirements by statute, but the
parties and attorneys, if any, of any case so exempted shall be required to participate
in a judicial settlement conference.
(4) The court may impose sanctions pursuant to UTCR 1.090 against any party who fails
to comply with subsection (2) of this rule, or who;
Fails to attend a scheduled mediation session, arbitration hearing or judicial

settlement conference;
Fails to act in good faith during the mediation, arbitration or judicial settlement
conference;
Fails to submit on a timely basis paperwork required as a part of the mediation,

arbitration or judicial settlement conference; or
Fails to have a principal necessary to approve the resolution of the case present or
readily available, by telephone or other means, at the time of the mediation,
arbitration or judicial settlement conference, unless, in advance, the court grants
the party or attorney leave from compliance with this subsection of the rule.
(5) Nothing in this rule restricts or removes the constitutional right of the parties to a
trial.
7.021 UTCR 7.020 CONTINUANCES; STAY OF DEFAULTED PARTIES

PENDING TRIAL
(1) Continuances pursuant to UTCR 7.020 shall be on a form prescribed by the court. A
first request for a continuance must be filed electronically, and any subsequent
continuance request must be presented at the Presiding Judge’s ex parte.
(2) In multiple party cases, when a default order has been taken against a specific party
and the other defendants will proceed to trial, an attorney may move the court to stay
the requirement to apply for a judgment by default and avoid dismissal under UTCR
7.020 for the defaulted party, pending the outcome of trial.
(3) A party wishing to “reinstate” a party or case after entry of a judgment of dismissal
under UTCR 7.020 must seek relief from judgment under ORCP 71. The motion for
relief from judgment must be supported by an affidavit or declaration establishing
the reason(s) justifying relief under ORCP 71 B, and must be served on all parties as
provided in ORCP 71 B.

35
If the ORCP 71 motion for relief from judgment is uncontested, the moving party
may appear at ex parte.
If the ORCP 71 motion for relief from judgment is contested, the moving party
must contact the assigned motions judge to schedule a hearing. If a motions judge
has not been assigned, the moving party must place the motion on the short matter
docket for assignment at Call.
All fees required by ORS 21.200(1)(d) apply.
7.025 POSTPONEMENT CONFERENCES
(1) A conference with the Presiding Judge may be required to postpone a civil trial.
Parties must confer with each other before setting a conference. The moving party is
required to provide notice of the scheduled conference. To set a scheduling
conference, please call Presiding Court at 971-274-0660.
(2) Motions to postpone trial in a case that is designated “complex” and is specially
assigned to a judge must be presented to that judge.
7.045 MOTION FOR CHANGE OF JUDGE
(1) If a judge is assigned at Call or at a case assignment or scheduling conference before

the Presiding Judge and a party intends to file a motion for a change of the judge
assigned, the intention to file the motion must be announced at the time of
assignment. An original and one copy of a motion, order, and supporting affidavit
must be presented to the Presiding Judge at ex parte by the close of business on the
next judicial day. Failure to submit all three documents timely, with the copy, will
result in sanctions as provided by UTCR 1.090. The requesting party is responsible
for serving a copy of the motion, affidavit and unsigned order on the judge being
disqualified before presentation to the presiding judge and each other party to the
action who is not in default.
(2) For Judges assigned by order of the Presiding Judge where the order did not arise at
Call or a case assignment or scheduling conference, the following procedures shall
apply:
If a party is notified at an ex parte appearance of the name of the assigned motion

judge and the party intends to disqualify the assigned judge, the party must
announce the intent to the Presiding Judge at the time of assignment and present
to the Presiding Judge at ex parte by the close of the next judicial day an original
and one copy of the motion, order and affidavit. Failure to submit all three
documents timely, with the copy, will result in sanctions as provided by UTCR
1.090. The requesting party is responsible for serving a copy of the motion,
affidavit and unsigned order on the judge being disqualified before presentation to
the presiding judge and each other party to the action who is not in default.

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In any other situation than set out in subsection (a), if a party intends to disqualify
the assigned motion judge, that party must, by the close of the next judicial day
after receiving actual notice of the judge assigned, appear at ex parte to present
an original and one copy of a motion, order, and affidavit. The requesting party is
responsible for serving a copy of the motion, affidavit and unsigned order on the
judge being disqualified before presentation to the presiding judge and each other
party to the action who is not in default.
If a motion for change of judge under this provision is allowed, the Presiding
Judge may assign a replacement judge and announce that assignment at the ex
parte presentation required under subsections (a) and (b) above. Actual notice of
the new assignment must be provided to all appearing parties by the party
appearing at ex parte. If a new judge is not announced at the ex parte proceeding,
a written notice of the new assignment will be provided by the court to each
appearing party by sending it to the party’s electronic or US Postal Service
mailing address for purposes of the action.
(3) If a judge is assigned in any other manner, an original and one copy of a motion
order and supporting affidavit, must be presented to the Presiding Judge at ex parte
by the close of the judicial day following actual notice of the assignment. A copy of
the motion, affidavit and unsigned order must be served on the judge being
disqualified by the moving party before presentation to the presiding judge and each
party to the action who is not in default.
(4) In small claims, FEDs, violations and misdemeanor offenses, the Presiding Judge
may assign a motion for change of judge to another judge for decision.
(5) For purposes of ORS 14.250 et seq. and this rule, a judge who enters rulings or
orders in any arraignment, pre-trial release request at the time of arraignment, Trial
Readiness hearing pursuant to SLR 7.015, or daily Call pursuant to SLR 7.055, shall
not be considered to have ruled on a particular matter within the meaning of ORS
14.260(3). A party shall not waive any right pursuant to ORS 14.250 et seq. as to
such judge by failing to move for change of judge at the time of appearance before
such judge at any proceeding listed in this paragraph.
7.055 CALL
Call for Civil and Criminal cases; Family Law, Probate, and Juvenile, Small Claims and
FED Dockets Kept Separate
(1) Unless otherwise designated or posted, the Presiding Judge shall announce the cases
listed on the Daily Trial Call Calendar each judicial day.
Call for Family Law, Probate, Juvenile, Small Claims and FED matters will be
conducted separately, as provided in these Rules.

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When a jury trial is requested in an FED action, the case will be placed on the
civil Call calendar.
Assignment Times
(2) Unless altered by the Presiding Judge or designee, Call shall be at 9:00 am for all
felony offenses and civil matters.
Presiding Judge to assign judge, day and time
(3) Except for cases set to follow, and cases assigned in multiple assignment groups, the
Presiding Judge will announce the day and hour that the trial will begin.
Cases set to follow
(4) When a case is assigned to a trial judge to follow another case, the attorney on the
case set to follow shall be prepared to commence trial promptly upon the completion
of the preceding case.
Standby Cases
(5) A case on the Call calendar may be designated as a standby case at Call proceeding.
These cases are assigned later in the day, if judicial time becomes available.
A standby case may be assigned out for the following day prior to 4:00 pm on the
day of Call.
If an attorney on a standby case announces to the clerk an inability to go to trial

when assignment is made, the case will either be placed on Call the following
judicial day or postponed, at the discretion of the Presiding Judge.
Carried Cases
(6) For good cause shown, a case may be carried to the Call docket for the following
judicial day.
Abated and Stayed Cases
(7) For good cause shown, the Presiding Judge may abate any case upon motion of
counsel or upon motion of the court. (See Motion for Severance and Order Re
Motion for Severance, Forms Appendix,)
Unless prohibited by law, an abated case may be dismissed, without prejudice, for
want of prosecution following notice by the court of intent to dismiss pursuant to
ORCP 54B(3) two years from the date of the abatement order if the case has not
been removed from abated status or dismissed at an earlier time. A case may be
removed from abated status upon motion of counsel or on the court's own motion.

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No abated case shall be placed on the trial docket, or be subject to court
arbitration or mediation, or have any motion practice conducted during the period
of abatement. Parties may by mutual consent proceed with discovery during the
period of abatement or inactive status.
A case will be stayed, rather than abated as provided in this section, by a notice of
bankruptcy.
Once a case is reinstated to the active trial docket, the case will be assigned a trial
date within 30 days. (See Motion for Reinstatement and Order Re Motion for
Reinstatement, Forms Appendix,)
Duty of Attorney at Call
(8) The attorney of record on a case shall be present at Call, except that:
The attorney may appear via a substitute counsel; or
The attorney may report unconditionally ready in a civil case by telephone to the
Call clerk by 4:45 pm on the judicial day immediately preceding the date of Call.
A telephoned report as allowed under this section shall constitute a waiver of the
right to file a motion for change of judge as to any judge assigned to hear the
matter and of the right to object to another party’s request made at the time of Call
that the matter be postponed.
If an attorney is not present at Call, does not otherwise report to the court ready
on the case, or the Presiding Judge deems the report inadequate or misleading, the
Presiding Judge may direct:
(i) In civil cases, the entry of a Judgment of Dismissal, following notice by

the court of intent to dismiss pursuant to ORCP 54B(3), without
prejudice, for want of prosecution, an Order of Default, or such other
order as may be appropriate under the circumstances including the
imposition of sanctions under UTCR 1.090 and jury expenses under
UTCR 6.020; or
(ii) That the attorney appear before the court in person to explain the cause
for the non-appearance. The proceeding shall be made a matter of
record, and if the Presiding Judge determines that such conduct is
willfully inexcusable, such conduct may be considered an act of
contempt.
If a client has been ordered to appear at call, the attorney or substitute counsel
must be present.

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Multiple Case Assignment
(9) Cases on the Call calendar may be assigned in multiple case groups.
Felony Defendants to Appear at Call
(10) All out-of-custody felony defendants shall appear on all Call dates, unless the
Presiding Judge directs otherwise.
Cases Specially Set
(11) The Presiding Judge may specially assign any case.
Advising Presiding Judge
(12) An attorney may advise the Presiding Judge in open court at the time a case is to be
assigned that a particular judge has previously ruled upon some aspect of the case, or
has tried a companion case, and therefore is familiar with the issues of the case.
Improper Influencing of Case Assignment
(13) Except as provided in 7.055(12), no attorney, party, or other person may directly or
indirectly attempt to influence the Presiding Judge or court staff to assign a case to
any particular judge, or to avoid assignment of a case to any particular judge.
Cases Anticipated to Last Five Days or Longer or Requesting Use of One or More Fridays
as Trial Days
(14) Six weeks in advance of trial, for trials expected to last five days or longer or where
the parties are requesting to conduct trial on one or more Fridays, plaintiff must send
or deliver a letter to the Calendaring Secretary, c/o the Presiding Judge, requesting
early assignment to a trial judge. The letter must state: the date trial is scheduled to
begin; the estimated length of the trial; that parties have conferred as to the estimated
length of the trial; the names of the trial attorneys; whether the parties are requesting
to conduct trial on one or more Fridays; and the name(s) of the Motion Judge and
any other judge that has heard matters related to the case.
7.056 DISPOSITION OF CASE AFTER ASSIGNMENT TO TRIAL JUDGE,

MOTION TO POSTPONE CASE ASSIGNED AT CALL MUST BE
PRESENTED TO PRESIDING JUDGE
Once a case is assigned for trial, including as a case set to follow, all matters affecting the trial,
except any request to delay the assignment date for trial, are to be presented to the trial judge.
The immediate unavailability of the trial judge is not grounds, absent an emergency, to present a
matter to the Presiding Judge or any other judge. Requests for a delay of the trial date assigned
by the Presiding Judge at Call must be presented to the Presiding Judge only, and shall not be
made to the judge assigned for the trial of the action.

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7.061 REQUESTS FOR ACCOMODATIONS BY PERSONS WITH
DISABILITIES
(1) Process for requesting accommodations
Who may request. Accommodations may be requested from any lawyer, party,
witness, juror, person with an interest in attending any proceeding open to the
public or other person seeking to use the services, programs, or materials provided
by this judicial district.
Form of Request. Requests for accommodation under this rule may be presented
ex parte on the form designated by court administration for such requests, in
another written format such as e-mail to the court’s ADA Coordinator, or orally to
any court personnel. In all cases, however, the request shall be documented in
writing and forwarded to the ADA coordinator or designee within the time frame
provided in (1)(d) of this rule.
Content of Request. Requests for accommodations must contain the information

required by UTCR 7.060(2). These requirements may be met by using the court’s
accommodation request form, available from any of the court’s public service
counters, from the trial court administration office, or the court’s website.
Medical and other health information submitted in support of the accommodation
request, if any, shall be submitted under the cover sheet accompanying the request
form designated "SEALED MEDICAL AND HEALTH INFORMATION.” Such
information shall be accessible only to the court and the person requesting
accommodation unless disclosure is otherwise expressly ordered or required by
law.
Timing of request. Pursuant to UTCR 7.060, requests for accommodation must be

made as far in advance as possible, but no fewer than 4 judicial days before the
requested implementation date. The court may, in its discretion, waive this
requirement.
Informal practices encouraged. Where the need for accommodation is obvious

and the accommodation can be easily implemented, informal practices for
responding to and implementing the accommodation are permitted and
encouraged. However, informal practices shall not be utilized if an
accommodation request would impact court procedures within a specific case, as
described in (2)(a) below.
(2) Consideration, determination, and responses to requests
Administrative versus judicial consideration. The ADA Coordinator shall not

administratively grant accommodation requests that impact court procedures
within a specific case. Examples include requests for an extension of time, a set-
over, or a continuance; changes of venue; and telephonic or videoconference
appearances. Such requests shall be forwarded by the ADA coordinator in
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writing to the judicial officer handling the case for consideration and
determination. In all cases, however, a denial of an accommodation request in
whole or in part shall comply with (2)(c) of this rule and shall be in writing.
Response. The court shall promptly inform the requestor of the determination to
grant or deny an accommodation request. If the accommodation request is
denied, in whole or in part, the response shall be in writing. On request the court
shall provide an additional response in an alternative format. The response to the
applicant must indicate:
(i) Whether the request for accommodation is granted or denied, in whole

or in part. If denied, the response shall also include a description of an
alternative accommodation that does not implicate any of the bases for
denial under (2)(c) of this rule;
(ii) If the request for accommodation is denied, in whole or in part, the

reason therefor;
(iii) The nature of the accommodation(s) to be provided;
(iv) The duration of the accommodation(s) to be provided; and
(v) If the response is in writing, the date the response was delivered in
person or sent to the applicant.
Denial of request. A request for accommodation may be denied only when it is

determined that one or more of the following apply:
(i) The requestor has failed to satisfy the substantive requirements of this
rule;
(ii) The court is unable to provide the requested accommodation on the date
of the proceeding and the proceeding cannot be continued without
significant prejudice to a party;
(iii) Permitting the requestor to participate in the proceedings with the

requested accommodation would create a direct threat to the safety or
well-being of the requestor or other participants;
(iv) The requested accommodation would create an undue financial or

administrative burden for the court or would fundamentally alter the
nature of the court service, program or activity under (1) or (2):
1. An accommodation may be denied based on a fundamental alteration

or undue burden only after considering all resources available for the
funding and operation of the service, program or activity, and shall be

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accompanied by a written statement of the reasons for reaching that
conclusion.
2. If a fundamental alteration or undue burden would result from
fulfilling the request, the court shall nevertheless ensure that, to the
maximum extent possible using alternative accommodations,
individuals with disabilities receive the benefits or services provided
by the court.
(3) Handling of confidential medical information. The court shall keep confidential all
information of the requestor concerning the request for accommodation, unless
confidentiality is waived in writing by the requestor or disclosure is required by law
or order of the court. The requestor’s identity and confidential information may not
be disclosed to the public or to persons other than those involved in the
accommodation process. Confidential information includes all medical information
pertaining to the requestor, and all oral or written communication from the requestor
concerning the request for accommodation.


7.070
(1) For purposes of complying with UTCR 7.070, if a foreign language interpreter is
needed, the party in need of an interpreter, prior to each proceeding in the action in
which an interpreter is needed, must contact the Court Language Access Services
Office in Multnomah County as provided in UTCR 7.070. Court Language Access
Services schedules interpreters upon receiving the notification required by UTCR
7.070.
(2) The party in need of the interpreter must update the Court Language Access Services
office promptly upon learning of a cancellation or any shortened or lengthened time
frame for the interpreter in the scheduled proceeding.
(3) The Court Language Access Services Office for Multnomah County may be
contacted by e-mail at MUL.Interpreter.Services@ojd.state.or.us. The Court
Language Access Services Office is available to take both e-mail and calls each
business day from 8:00 am to Noon and from 1:00 pm to 5:00 pm.

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7.101 HABEAS CORPUS – DOCUMENT FILING IN THE CIVIL SECTION OF
THE COURT
(1) All documents required to be filed with the Clerk of the Court in habeas corpus
matters must be filed in the Civil Section of the Office of the Trial Court
Administrator and will be assigned a case number for that matter separate from the
underlying case if such a case exists in the circuit court. This rule applies to
petitions, writs, motions, affidavits, proposed orders, judgments, and any other
document regarding the matter.
(2) If the petition for the writ of habeas corpus arises from an underlying case in this
circuit court, the identity of that case, the caption, and the circuit court’s case
number must be set out in the first allegation of the petition. For purposes of this
rule, an extradition action pending within the jurisdiction of the circuit court is a
“case”.

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CHAPTER 8
DOMESTIC RELATIONS, CIVIL COMMITMENT,
IDENTITY CHANGES, AND PROTECTION ORDERS
8.008 COURT UPDATES
The Multnomah County Family Law Bench sends periodic e-mails through a Multnomah County
Circuit Court Family Law Practitioner’s E-mail Listerv with announcements, temporary changes,
and court updates. To be included on this e-mail list, contact the Chief Family Law Judge’s staff.
8.009 MANNER OF PROCEEDINGS
(1) In person Proceedings
All parties, attorneys, and witnesses are required to appear in person for proceedings not listed
under the Remote Proceedings list in subsection (2).
Any participant who wishes to appear remotely may file a Motion and Declaration requesting
remote appearance, setting forth any compelling reason why an exception to the in-person
requirement should be made. Motions should be directed to the Chief Family Law Judge or
retained judge at least 10 days in advance of the proceeding.
(2) Remote Proceedings
The Court will continue to hold following proceedings remotely, unless the Chief Family Law
Judge or retained judge either grants a Motion for in-person appearance, or orders the parties to
appear in-person.
When appearing for a remote proceeding, participants shall not appear while operating a motor
vehicle.
Any participant who wishes to appear in-person for a proceeding scheduled as remote may file a
Motion and Declaration requesting in-person appearance, setting forth any compelling reason
why an exception to the remote requirement should be made. Motions should be directed to the
Chief Family Law Judge or retained judge at least 10 days in advance of the proceeding.
The following proceedings will continue to be held remotely:
(a) Trial Assignment
(b) Contested Motions for Custody/Parenting Time Evaluations
(c) Non-Evidentiary Motions to Compel (and other non-evidentiary discovery

motions)
(d) Petitions for Attorney Fees
(e) Form of Judgment Hearings

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(f) Contested Motions for Special Set
(g) Status Conferences
(h) Pre-trial Conferences
(i) Motions Involving Legal Argument Only
(j) UCCJEA Conferences
(k) Applications for Protective Orders
(i) Petitioners applying for protective orders who don’t have the ability to
receive calls may appear in-person for protective order applications upon
requesting such appearance when submitting their application in-person
at the courthouse. Petitioners must inform the Counter Clerk that they
need to appear for such application in-person.
(3) Submission of Trial Memorandums and Exhibits
Trial memorandums shall be submitted to the assigned trial department by noon of either the day
of Trial Assignment, or the judicial day prior to the scheduled proceeding.
Parties shall check with the retained/assigned judicial officer’s staff on how to submit exhibits.
8.011 SUBJECT MATTER JURISDICTION UCCJEA PROCEEDINGS
(1) Subject Matter Jurisdiction
The following cases shall be subject to the rules of this chapter: dissolution and annulment of
marriages and registered domestic partnerships, dissolutions of other domestic partnerships,
separation, child and spousal support, filiations, proceedings for protection orders, child custody
and parenting time matters, adoptions, identity changes, habeas corpus proceedings involving
children, civil commitments, and such other cases as shall be assigned to the Chief Family Law
Judge for case management purposes by the Presiding Judge.
(2) UCCJEA Proceedings
A pleading or motion asserting that the court lacks or should decline jurisdiction under the
Uniform Child Custody Jurisdiction and Enforcement Act must include in the caption of that
document the phrase “UCCJEA Issue.” In addition, that document must set out: (1) the state or
tribe that arguably has or should assert jurisdiction, (2) contact information for the appropriate
court in the other state(s) or tribe(s), and (3) notice of any prior or concurrent proceedings and
orders regarding the matter before the court. The assigned judge will initiate communication
regarding procedures under ORS 109.731 where required.

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8.012 DOCKETING
CASES ARE DOCKETED DIRECTLY WITH THE RETAINED JUDGE, OR AS FOLLOWS:
(1) Assignment of trials and motions shall be handled by the Chief Family Law Judge or
designee.
(2) All contested matters shall be scheduled either on the Trial Assignment Docket or
the Rotation Docket of the Family Court unless there is a Retained Judge, in which
case all matters shall be scheduled through the Retained Judge’s department.
The Trial Assignment Docket consists of all matters scheduled for judicial
hearing that have not been specially assigned to an individual judge by the Chief
Family Law Judge, or set on the Family Law Rotation Docket. The Family Law
Department places cases on this docket when the pleadings indicate the case is at
issue. Parties requesting judicial time for Order to Show Cause matters may
contact the Family Law Department to obtain available dates. Procedures for the
Trial Assignment Docket are set out in SLR 8.014.
The Family Law Rotation Docket consists of multiple matters set for the same
start time and expected to last only 30 minutes or less each.
(i) When an individual matter set on the Rotation Docket is expected to last
more than 30 minutes, a party shall request that the case be transferred to
the Trial Assignment Docket, after notice to the other party. This
transfer will be granted and but the case should be placed on the Trial
Assignment Docket for hearing the same day as the matter would have
been heard on the Rotation Docket, unless the parties agree otherwise.
The party requesting the transfer must provide written notice of Trial
Assignment Docket procedures to the other party and certify this action
in writing.
(3) Motions to Set Over Trial Assignment shall be submitted no less than 30 days before
the scheduled Trial Assignment date. Otherwise, set over requests may be made at
Trial Assignment. Set-over requests of motions assigned to the Retained Judge shall
be heard by that Judge or the Judge’s designee.
(4) Motions to postpone docketed hearings on abuse prevention restraining orders must
be in writing and presented to a Family Law Judge.
(5) Unless stipulated, the following motions must be accompanied by a proposed Order
to Show Cause that contains a scheduled date on the Trial Assignment docket or
with the Retained Judge, if one exists, and sets out a notice in substantially the
following form: “If you disagree with the request(s) made and fail to appear in
person at this time, you will very likely lose your chance to present your side of the
issue(s)”:

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(a) For temporary relief under ORS 107.095;
(b) to intervene;
(c) to change venue;
(d) to compel discovery in which expenses are sought;
(e) For telephone testimony made within 30 days before the hearing date;
(f) parenting time enforcement under ORS 107.135;
(g) contempt under ORS Chapter 33 whether filed before or after a General
Judgment;
(h) a post-judgment status quo order under ORS 107.139;
(i) to set aside an order or judgment;
(j) UCCJEA issues (see 8.011(2)); and
(k) for in camera review.
(6) Orders to Show Cause for motions to modify judgments shall comply with UTCR
8.050(1). If a response is filed, the Family Law Department will set the motion on
the Trial Assignment Docket. If the motion to modify a judgment is filed on a case
that has been retained by a specific judge, the judge’s staff will set the motion to
modify the judgment for hearing and will notify the parties of the date and time of
the event. All scheduling issues must be submitted to the judge who retained the
case.
8.013 CASE CAPTIONS
(1) Retained Cases. The case caption for any case that has been retained by a judge shall
include in parentheses the name of that judge. For example: (Retained Judge:
___________).
(2) Settlement Judge who recorded terms on record: The case caption for any judgment
based on a settlement whose terms were placed on the record before a judge shall
likewise include in parentheses the name of that judge. For example: (Settlement before
Judge: ______________________)
(3) Consolidated Cases: The case caption for any case that has been consolidated with
one or more other matters shall contain as the first or only caption the parties’
names, status, and case number applicable to the particular case in which the filing is
to be done. When a document reflects more than one case caption and case number,
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any caption and case number following the first caption and case number must
contain the reference “Related Case.” Filing in the primary case does not constitute
filing in any related cases.
8.014 CASE ASSIGNMENT
Case Assignment for Family Law from the Trial Assignment Docket
(1) In all cases set on the Trial Assignment Docket, the parties must report remotely at
9:00 AM. at (503) 388-9555, Meeting Number 146 792 6901###. Trial Assignment
occurs one judicial day prior to the date of the set hearing or trial. At Trial
Assignment, the parties shall report either that the parties have reached a settlement,
or in the alternative, how much time is needed for the scheduled hearing or trial. A
party may report information for another party only with the agreement of both
parties.
(2) Upon determining that a case will require one (1) or more days of judicial time, i.e.,
six (6) or more hours of court time, a party shall file a motion for special set for
assignment of the case to an individual judge. The motion shall be submitted as
early as possible. If a special set is granted, the court will cancel all currently
scheduled hearings or trials and all further matters shall be scheduled directly by the
parties with the assigned judge, who shall be the retained judge of the case
thereafter.
(3) Any party appearing before the Chief Family Law Judge or designee for purposes of
assignment must advise that Judge that a particular judge has previously ruled on
some contested aspect of the case.
(4) Once a case is assigned to a Family Law Judge and the matter is heard for one hour
duration or more, that Judge becomes the Retained Judge. All future hearings will be
specially set with that Judge’s staff. Once a Response is filed, the setting of trials in
dissolution cases, etc. will be effected by the parties through the Retained Judge’s
Judicial Assistant.
(5) No attorney, party, or other person may directly or indirectly attempt to influence the
Chief Family Law Judge or designee or court staff to assign a case to any particular
judge, or to avoid assignment of a case to any particular judge.
(6) When assignment to a specific judicial officer is made at the time of Trial
Assignment, and a party intends to file a motion for a change of the judge assigned,
the intention to file the motion must be announced at the time of assignment. A
Motion to Change Judge, declaration and proposed order shall be submitted
conventionally (in paper) to the Chief Family Law Judge (or in that Judge’s absence,
to that Judge’s designee) by the close of business on the judicial day following
notice of the assignment. The moving party shall include with that submission a
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certificate of service documenting that service of the motion, affidavit, and proposed
order has been effected on the other parties and a copy of those documents delivered
to the Judge who is the subject of the motion. A new judge will not be
designated/assigned until the Chief Family Law Judge has approved and signed the
proposed order.
(7) When assignment to a specific judicial officer is made at any time other than Trial
Assignment, and a party intends to file a motion for a change of the judge assigned, a
Motion to Change Judge, supporting Declaration and proposed Order shall be
submitted to the Chief Family Law Judge (or in that Judge’s absence, to that Judge’s
designee) by the close of business on the judicial day following notice of the
assignment. The moving party shall include with that submission a certificate of
service documenting that service of the motion, affidavit, and proposed order has
been effected on the other parties and a copy of those documents delivered to the
Judge who is the subject of the motion. A new judge will not be designated/assigned
until the Chief Family Law Judge has approved and signed the proposed order.

7.070
(1) For purposes of complying with UTCR 7.070, if a foreign language interpreter is
needed, the party in need of an interpreter, prior to each proceeding in the action in
which an interpreter is needed, must contact the Court Language Access Services
Office in Multnomah County as provided in UTCR 7.070. Court Language Access
Services schedules interpreters upon receiving the notification required by UTCR
7.070.
(2) The party in need of the interpreter must update the Court Language Access Services
office promptly upon learning of a cancellation or any shortened or lengthened time
frame for the interpreter in the scheduled proceeding.
(3) The Court Language Access Services Office for Multnomah County may be
contacted by e-mail at MUL.Interpreter.Services@ojd.state.or.us. The Court
Language Access Services Office is available to take both e-mail and calls each
business day from 8:00 am to Noon and from 1:00 pm to 5:00 pm.
8.016 CASE AGE LIMITATIONS
(1) Immediately upon the filing of any Petition for Dissolution, Annulment, or
Separation, the court will assign a dismissal date 180 days from the date of filing.
(2) If no appearance or motion is made or a default judgment has not been entered by
the 180th day, the case will be dismissed for want of prosecution by the Chief
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Family Law Judge or designee. This dismissal shall be final unless the Chief Family
Law Judge or designee, for good cause shown, orders otherwise.
(3) Upon application to the Chief Family Law Judge or designee by motion and in
person at ex parte, good cause is shown, the Chief Family Law Judge or designee
may extend the dismissal date.
(4) Cases and motions at issue shall proceed to trial within eight months of the date of
filing. Postponement requests shall be made to the Chief Family Law Judge or
designee, or to the Retained Judge when one exists.
(5) Hearings contesting Emergency Temporary Custody Orders shall be set with the
Judge who signed that Emergency Temporary Custody Order. A copy of the
request for hearing on that order shall be provided to the Judge who signed the
original order. That Judge shall retain the case if a hearing is requested.
8.017 EX PARTE APPEARANCES AND OTHER MATTERS NOT DOCKETED

FOR HEARING
(1) Matters Heard Ex parte
No matter shall be heard ex parte (i.e., without notice to the other side) unless
specifically authorized by Oregon statute or court rule. Any motion presented
without notice to the other party shall comply with UTCR 5.060 (2) (contain the
words “ex parte” in the caption) and shall also cite the specific statute or rule that
allows the motion to be presented without notice.
(2) Matters Heard at Ex parte Time
At least one Family Court Judge is available once daily at 1:30 PM to hear
permissible ex parte matters and potentially contested emergency and scheduling
motions. On retained cases, parties should contact the Retained Judge regarding that
Judge’s availability.
(3) Notice Requirements on Ex parte, Emergency, or Scheduling Motions
Except where a statute or rule explicitly allows an appearance without notice to the
other party, a party seeking relief at scheduled or specially-arranged ex parte times
must provide two (2) working days notice to the opposing party of the date, time,
and court where the relief will be sought. The party seeking relief at ex parte time
must provide written certification of the date, time, and manner in which the
opposing party was provided notice of the planned appearance as well as the
opposing party’s position on the matter to be presented (for example, “Agrees,”
“Disagrees,” or other short explanation).

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8.018 TEMPORARY PROTECTIVE ORDERS OF RESTRAINT
Requests for pre-judgment relief under ORS 107.097(2)-(3) may be submitted to the court on an
ex parte basis and conventionally filed (in paper) under SLR 2.501 prior to service of the
initiating pleading on the other parties. Once service of the initiating pleading in the case has
occurred, a party seeking relief at scheduled or specially-arranged ex parte times must provide
two (2) working days notice to the opposing party of the date, time, and court where the relief
will be sought. The party seeking relief at ex parte time must provide written certification of the
date, time, and manner in which the opposing party was provided notice of the planned
appearance as well as the opposing party’s position on the matter to be presented (for example,
“Agrees,” “Disagrees,” or other short explanation).
8.019 PROTECTIVE ORDERS AND FILING DOCUMENTS UNDER SEAL
(1) All motions for entry of a protective order—whether contested or stipulated—should

be presented to a judge. A motion and proposed order to file specific documents
under seal are required.
(2) A proposed protective order shall include the following:
“A party seeking to file under seal documents designated as CONFIDENTIAL under

this protective order must file a motion to file documents under seal that specifies:
(a) the statutory authority for sealing the documents; (b) the reasons for protecting
the documents from public inspection; and (c) a description of the documents to be
sealed. The judge hearing the motion may require the moving party to submit the
documents to the court for in camera review.”
8.021 IN CAMERA REVIEWS
(1) Parties in a domestic relations case seeking an in camera review of documents shall
file a motion describing the records to be reviewed, the information the party seeks
to obtain from the records, the relevance of information sought to the particular
issues in the case, and the authority for the in camera review.
(2) If motion is stipulated, it will be placed on Trial Assignment for assignment to a

Judge for in camera inspection. Parties need not appear at this trial assignment
setting.
(3) The motion will be placed on the Trial Assignment Docket to be assigned for
hearing. If the motion is stipulated, the parties will report to the Family Law
Department that fact and the estimated amount of time needed for the review when
the case is assigned. The Judge receiving the assignment from the Trial Assignment
Docket will conduct the in camera review if the motion is granted or stipulated. If
the case has an assigned Retained Judge, the party requesting the review must
contact that trial department to schedule a hearing on the motion. The Retained

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Judge will make arrangements for another judicial officer to conduct the review, if
the motion for review is granted.
(4) Parties seeking in camera reviews shall direct delivery of the documents to be
examined to Court Records, Room 03315 of the Multnomah County Central
Courthouse.
8.022 FEE DEFERRALS OR WAIVERS IN DOMESTIC RELATIONS CASES
Fee deferral or waiver applications in Domestic Relations actions shall be submitted to the Fee
Deferral and Waiver Clerk.
8.031 PARTICIPATION IN APPROPRIATE DISPUTE RESOLUTION
(1) Scope of Dispute Resolution Requirement. In any domestic relations case, all parties
are required to participate in some form of appropriate dispute resolution, including
mediation, arbitration, judicial settlement conference, or a neutral-assisted settlement
conference, regarding each of the following contested issues:
Child custody;
Parenting time or visitation issues, other than enforcement;
Spousal support final orders and modification orders; and
Allocation of assets or debts for General Judgments.
(2) Limitations on Dispute Resolution Requirement. Where participation in a dispute

resolution process is not required, parties must follow subsection (3) to receive an
Order waiving the requirement. Participation in a dispute resolution process is
required for any issue subject to subsection (1) even if accompanying issues under
subsection (2) are excluded from mediation requirements. Participation in a dispute
resolution process is not required as to:
(a) Cases in which the parties are also parties to a criminal no-contact order or an
active protection order, including Family Abuse Prevention Act orders, stalking
orders, Elderly Persons and Persons with Disabilities Abuse Prevention Act
orders, and Sexual Abuse Protection Act orders. However, except when a criminal
no-contact order is in effect, mediation or other dispute resolution process may
occur at the request of the protected person as long as the circumstances of that
process do not violate the terms of the protection order;
Any matter involving minor children for which there is a pending Juvenile Court
matter involving those children, or children of whom the Department of Human
Services has been granted temporary or permanent custody or wardship;
Orders of Assistance;

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Immediate danger (i.e., emergency) custody or parenting time claims;
Temporary Protective Orders or Restraint, Status Quo orders, or financial

restraining orders;
Claims involving child support; or
Claims involving temporary spousal support.
Enforcement of Parenting Time
(3) Waiver of Mediation and other Resolution Process. A party seeking to waive
mediation or other required dispute resolution process must file a motion and
supporting declaration with the court. An order to waive mediation or other required
resolution process may be granted on a party’s or the court’s own motion upon good
cause, such as a showing of danger, existence of a criminal no-contact order or
active protection order, or other compelling circumstance.
(4) Mediation Orders.
(a) Any party may request an Order requiring mediation through the county division
of Family Court Services on issues relating to custody, parenting time, or
visitation. The Trial Court Administrator will provide forms and instructions for
this purpose at the time the initial pleading or motion is filed. Parties may use
another document in substantially similar form to that provided by the Trial Court
Administrator. The moving party shall obtain the date for appearance for
mediation from Family Court Services.
If private mediation is sought and the parties are unable to agree on a private
mediator or payment of fees of the mediator, any party may file a motion and
supporting declaration with the court requesting that the court determine the
mediator and payment of fees.
Notwithstanding the exemptions in subsection (2), the court on its own motion
may order mediation or other dispute resolution process for any domestic
relations matter except a matter involving a person protected (A) by a criminal
no-contact order issued against another party or (B) by a protective order where
the protected person has not agreed to that process.
Mediation may not be ordered within the protective order case under any
circumstances.
Good Faith. The parties must participate in dispute resolution processes in good
faith. No such process shall be used by any party for the purposes of harassment
or delay.

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8.032 COMPLIANCE WITH DISPUTE RESOLUTION REQUIREMENTS
(1) Family Court Services will file a notice with the court when parties have attended
mediation.
(2) In cases in which the parties complete mediation or other dispute resolution process
required by SLR 8.031 by a means other than Family Court Services, the parties
must file a Certificate of Required Dispute Resolution in substantial conformity with
the form in the Appendix. The certificate must be filed at least seven days in
advance of Trial Assignment, or seven days in advance of hearing or trial if the case
is retained by an individual judge. If the certificate has not been filed (or the process
waived) on an issue scheduled for hearing or trial, the parties will be deemed not
ready and the matter shall not proceed to hearing. Only on matters other than child
custody or parenting time may the court consider whether compelling cause exists to
allow a matter to proceed.
8.034 MULTNOMAH COUNTY PARENTING PLAN GUIDELINES
(1) Oregon law requires that judgments addressing parenting time contain a parenting
plan that considers only the best interests of the child and the safety of the parties.
The Fourth Judicial District expects that parenting time plans will meet the
individual needs and circumstances of children and their families by taking into
consideration the following basic parenting principles:
It is usually in a child’s best interest to have frequent, meaningful and continuing

contact with each parent. It is assumed that each parent nurtures his or her child
in important ways which are significant to the development and well-being of the
child;
Each child and family is unique. In order to meet the individual needs of the
child(ren) the parties shall consider the following:
(i) The developmental stage(s) and any special needs of their child(ren);
(ii) The child(ren)’s school and activity schedules, and;
(iii) Practical factors such as the distance between households, the number of
transitions for the child(ren), and any other relevant practical
considerations.
A safety focused parenting plan, which may restrict parenting time, shall be
considered whenever the family has been experiencing domestic violence, child
abuse, serious mental illness, or significant substance abuse issues.

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8.035 SUPERVISED PARENTING TIME
For Domestic Relations and Family Abuse Prevention Act cases in which the court imposes the
requirement of supervised parenting time, the parties to the case and the supervisor must comply
with the following:
(1) The supervisor is required to explain the rules for supervised parenting time to the
parent who is supervised, unless the supervisor knows that the parent was previously
informed. This must include an explanation of supervised parenting time rules set
forth in any court order or judgment in the case, and any other rules that are
necessary due to unique conditions at the designated location or other circumstances
that may reasonably impact a successful parenting time experience, as identified by
the Judge, the supervisor, or the involved agency;
(2) The custodial parent is not allowed to be present or to impose additional rules or to
make additional demands concerning supervised parenting time;
(3) Only if accompanied by the supervisor and with the supervisor’s express consent,
may the supervised parent and children leave the designated location for the
supervised parenting time;
(4) The supervised parent shall not engage in conversation that exposes the child to
adult issues in the case. The supervisor is required to immediately address any
problem with the supervised parent if this rule is violated. If the supervised parent
does not comply, parenting time on that particular date shall be terminated;
(5) Physical discipline of the child during supervised parenting time is prohibited;
(6) The supervisor is required to keep the supervised parent within view and within
hearing range for the duration of the supervised parenting time;
(7) The purpose of supervised parenting time is to allow interaction with the child for
the benefit of the child. Therefore, the supervised parent is prohibited from initiating
or engaging in conversation during supervised parenting time which does not further
this objective. The supervisor’s role is to prevent the child’s exposure to adult issues
in the case and to discourage any inappropriate communication.
8.036 APPOINTMENT OF COUNSEL FOR CHILDREN
The court may appoint counsel for children in cases arising under ORS Chapter 107 and 109
upon its own motion or upon motion of either party pursuant to ORS 107.425(3), and shall
appoint counsel if requested to do so by one or more of the children. A reasonable fee may be
imposed by the court against either or both of the parties or as a cost in the proceedings.
The procedure for appointment of counsel for children in cases arising under ORS Chapters 107
and 109 shall be as follows:

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(1) In its sole discretion, the court may appoint counsel for the children on its own
motion with or without prior notice to the parties.
(2) A party seeking such appointment on his or her own motion or forwarding the
request from a child shall ensure that the motion or request is filed with the court and
served on all parties.
(3) Orders appointing counsel issued by the court may contain provision for payment of
attorney fees and terms for payment. No appointment order will be issued until
counsel has agreed to accept such appointment upon the fee terms set forth.
(4) To the extent possible, appointed counsel will represent their clients' legal interests
in obtaining a secure, stable home life and a balanced relationship with both parents
and will be answerable only to their client and to the court. The parents or persons
having physical custody of the child shall cooperate in allowing counsel opportunity
for private consultation with the child or children, including making or assisting with
arrangements for the children's transportation to the attorneys' office or some other
reasonable meeting place and reasonable phone communication if needed.
(5) Counsel to be appointed for children shall meet the court's standards for qualification
in family law matters and in the resolution of custody/parenting time issues.
(6) All appointments shall be made through the Children’s Representation Program.
8.037 PARENT EDUCATION PROGRAM
(1) The following cases are subject to this rule:
annulment of dissolution of marriage actions;
legal separation actions;
petitions to establish paternity, custody or parenting time;
post-judgment litigation involving changes in custody or parenting time;
post-judgment litigation involving changes in custody or parenting time in which

the parties have not previously completed a program as required by this rule.
(2) All parents of a child under the age of 18 years involved in a case described under
subsection (1), above, shall complete successfully the education for divorcing
parents program offered by the Division of Family Court Services or a Family Court
Services pre-approved alternate education program.
Parties shall register for the program or make application for approval of an
alternate program within 15 days of receiving notice of this education
requirement.

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All parties shall complete the program before the earlier of any hearing on a
custody or parenting time issue or entry of a judgment. Excepted from this
deadline are hearings regarding emergency orders under ORS 107.097(3) and
107.139, hearings on parenting time enforcement under ORS 107.434(1), and pre-
judgment protective orders of restraint under ORS 107.097(2). In these cases, the
class must be completed prior to entry of judgment unless the court orders an
earlier completion date. On post-judgment status quo orders under ORS 107.138,
the movant must register for the class prior to the hearing, and complete it if
possible prior to the hearing, if the movant did not attend the class prior to
judgment.
Parties who have successfully completed the parent education program in this
county are not required to repeat this program in order to seek modification of the
judgment or to pursue relief in a different case. Parties in this situation, however,
must file a certificate in the later proceeding informing the court that the
requirement was completed at an earlier time and specifying that date and case
number.
(3) Notice and instructions to the moving party of this requirement will be provided by
the Trial Court Administrator at the time the initial pleadings are filed. The moving
party shall serve a copy of such notice on respondent along with the summons and
pleadings. The moving party's return of service on the responding party shall
indicate service of the notice with the summons and pleadings.
Information on the parenting education class can be located on the following website of the
Multnomah County Department of Family Court Services: https://multco.us/dcj/fcs.
(4) The fee for the court-offered program may be waived or deferred if the party has
obtained a waiver or deferral of fees in the case in chief.
(5) Each party who successfully completes the court's program or a Family Court
Services pre-approved alternate program, shall submit a certificate of completion to
the judge at trial or with documents resolving the matter.
(6) Upon a showing of good cause, a party may request a waiver of the requirements of
this rule. The request must be made by motion, supported by affidavit, and filed
within 15 days of receipt of the Trial Court Administrator's notice.
If good cause is found, the court may require the party excused to view video
materials having the same or similar information.
The fact that one party is relieved from the requirements of this rule, does not
form a basis for excusing the other party.
(7) Court action in these cases shall not be delayed by a party's refusal, failure or delay
in registering for or completing this program or the failure to comply with this rule,
unless the noncomplying party is the moving party. Upon the moving party's
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noncompliance, the court may take appropriate action including but not limited to
deeming the matter not ready for hearing, denying the relief sought by that party, or
proceedings for contempt.
8.038 FAMILY COURT SERVICES
The Multnomah County Board of Commissioners established a Family Court Services Division
within the Department of Juvenile and Adult Community Justice. In addition to any other duties
assigned by the Board of Commissioners or the Department, the Family Court Services Division
shall obey the courts lawful orders and directions. In carrying out its duties to the court, the
Family Court Services Division provides the following services to parties within the court’s
jurisdiction:
(1) Conciliation: The Division provides conciliation services for parties in domestic
relation matters as provided by ORS 107.510 to 107.610. All Division conciliation
records and conciliation communications, oral or written, are confidential, and
Division employees and the parties may not be examined about such records or
communications and neither may be used in any civil or criminal action.
(2) Mediation: The Division will mediate all domestic relations actions that involve
controversies regarding custody, parenting time or visitation of children. This
includes requests for joint custody and, when ordered, contempt matters involving
parties who are non-parents. The mediator will report the outcome to the court and
the parties or their counsel in writing. Mediation proceedings are confidential. All
Division mediation records and all mediation communications, oral or written, are
confidential. Division employees and the parties may not be examined about such
records or communications, and the records may not be used in any civil or criminal
action.
(3) Co-Parent Communication Coaching: The Division offers co-parent communication

coaching based on the New Ways for Families approach. The service includes a 12
lesson online course and 4 individual coaching sessions with a trained co-parent
communication coach and member of the Family Court Services staff. The content
is designed to assist parents to manage conflict, negotiate decisions, promote
respectful communication, encourage themselves in times of stress, and co-parent
more effectively. All Division co-parent coaching records and communications,
oral or written, are confidential, and Division employees will only testify in a civil
proceeding by subpoena. Parents can participate in coaching voluntarily or by court
order. A standard form of Order has been adopted and is available on the OJD
website.
8.061 CHILD SUPPORT WORKSHEETS
The child support computation worksheets appended to OAR 137-050-0320 to 137-050-0490 are
required whenever a claim for child support has been raised by the pleadings. Even if the parties
have agreed to an award of zero support at the time an order or judgment is signed or the court
otherwise orders zero support, the worksheets are required to enable the court to make the legally
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required findings regarding the presumptive amount of support and the reason(s) to rebut that
presumptive amount. Worksheets are not required when the court lacks jurisdiction to address a
child support claim.
8.062 DOMESTIC RELATIONS AND ADMINISTRATIVE SUPPORT ORDERS
Custody, Dissolution, Separation and Annulment cases cannot be filed into Administrative
Support cases, but must reference the Administrative case number when filed.
8.131 CIVIL COMMITMENT PROCEEDINGS
The following rules shall apply in all commitment hearings conducted pursuant to ORS Chapter
426 and 427.
(1) Counsel for the Allegedly Mentally Ill Person (AMIP) may make a brief opening
statement for the purpose of informing the court and the examiners as to the AMIP's
position and desired outcome. The District Attorney may make an opening statement
only upon leave of the court.
(2) Unless counsel for the AMIP or the state request otherwise, the order of the trial
shall be as follows:
Opening statement by the AMIP’s Attorney;
The state presents its witnesses and other evidence;
The examiners conduct a mental status examination;
The AMIP presents witnesses and other evidence;
The state presents rebuttal evidence;
The examiners submit their reports;
Closing statements by the state and AMIP’s attorney.
(3) Requests to postpone a civil commitment hearing shall be e-filed by four (4) PM on
the day before the hearing.
The request from the AMIP’s attorney must include:
(i) A declaration with the basis for the request;
(ii) The position of opposing party on the postponement; and
(iii) A stipulation that the AMIP will remain in their current placement during
the period of postponement.

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If filed by the state, the request must include:
(i) declaration with the basis for the request;
(ii) The position of opposing party on the postponement; and
(iii) If stipulated, a statement whether the AMIP’s attorney stipulates to the

AMIP remaining in the current placement during the period of
postponement.
8.141 STALKING PROTECTIVE ORDER PROCEEDINGS
(1) Petitions for stalking protective orders are filed with the Family Law Department.
Petitions filed by noon on judicial days are scheduled for ex parte hearing on the
same judicial day as the filing.
(2) All other matters involving stalking protective orders are filed with the Family Law
Department as well. The court will send notice to the parties of any hearing dates.
This notice will include the location of the courthouse and courtroom where the
hearing will occur.
8.151 ORDER TO SHOW CAUSE TO DISPENSE WITH ADOPTION CONSENT

IN ADOPTION
When submitting a motion for an Order to Show Cause to dispense with consent for an adoption
under ORS 109.326 and 109.330, the movant shall include as an exhibit to the motion a copy of
the Summons setting out the notices required by those statutes.

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CHAPTER 9
PROBATE PROCEEDINGS
9.015 SUBJECT MATTER JURISDICTION; TRUST CASES
(1) The Chief Family Law Judge or a judge designated by the Chief Family Law Judge
has jurisdiction over all Decedents' Estates, Conservatorship of Adults and Minors,
and Guardianships of Adults and Minors.
(2) Matters arising from the administration of Trusts shall be filed in the Probate Section
and heard by the Chief Judge or designee.
9.016 ALTERNATIVE DISPUTE RESOLUTION
Probate proceedings shall be subject to the alternative dispute resolution rules in Chapter 12,
Mediation in Probate Proceedings (SLR 12.045).
9.017 FEE DEFERRALS OR WAIVERS IN PROBATE PROCEEDINGS
Fee deferral or waiver applications in probate actions shall be submitted to the Fee Waiver and
Deferral Clerk.

REMEDIAL SANCTIONS
9.025 HOW MATTERS FOR PROBATE ARE TO BE PRESENTED;

CONFERENCE; HEARING; EMERGENCIES
(1) Probate matters requiring authorization, approval, or signature of the Chief Family
Law Judge or designee shall first be presented to the Probate Section of the Civil
Division for review. If the matter is assigned to a judge other than the Chief Family
Law Judge or designee, the party presenting it shall so advise the Probate Section's
staff.
(2) If the matter cannot be approved without an appearance, the party will be so advised
and the matter will be set for conference, or hearing.
(3) Hearings may be scheduled by request to the Probate Section. Before requesting a
hearing, counsel should confer with other counsel and/or self-represented litigants
and advise the Probate Section staff of the estimated time required. (Refer to SLR
8.012 and 8.015 for “trial/assignment” process.)

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(4) Probate short docket matters, items that will take no more than 10 minutes, are heard
Monday through Friday at 8:45 am, and must be prearranged with the Probate
section.
(5) When an assignment is made to a specific judicial officer at the Probate short matters
docket, and a party intends to file a motion for a change of the judge assigned, the
intention to file the motion must be announced at the time of assignment. The
original motion, declaration, and proposed order shall be submitted conventionally
(in paper) to the Chief Family Law Judge (or in that Judge’s absence, to that Judge’s
designee) by the close of business on the judicial day following notice of the
assignment. The moving party shall include with that submission a certificate of
service documenting that service of the motion, affidavit, and proposed order has
been effected on the other parties and a copy of those documents delivered to the
Judge who is the subject of the motion. A new judge will not be designated/assigned
until the Chief Family Law Judge has approved and signed the proposed order.
9.026 IN CAMERA REVIEWS /MOTIONS TO SEAL
(1) Parties seeking an in camera review of documents in a probate case shall file a
motion in Probate Department of the Multnomah County Central Courthouse. Such
motions shall describe the records to be reviewed, the information the party seeks to
obtain from the records, and the legal authority for the in camera review. Unless
stipulated, the motion will be placed on the Probate Call docket for hearing as
prescribed by SLR 9.025(3). If a judge is already assigned to the case, the attorneys
must contact that trial department to schedule a hearing on the motion. If the motion
is granted documents shall be directed to Court Records, Room 03315 of the
Multnomah County Central Courthouse.
(2) Parties seeking an Order to file documents or materials under seal must file a motion
with the court that complies with all of the requirements under UTCR 5.160.
9.035 DELINQUENT FILINGS
In the event of a delinquency or deficiency in filing any document required by statute or court
order, the attorney and the fiduciary will be sent an Order to Show Cause for removal of the
fiduciary or a finding of contempt. The personal representative, conservator, or guardian,
together with counsel of record, must appear unless the matter has been corrected at least three
judicial days prior to the Show Cause hearing. If the delinquency or defect has not been
corrected by time of the hearing, sanctions may be imposed.
9.045 RESIGNATION OF COUNSEL; NOTIFICATION REQUIREMENTS
(1) If a bond has been posted, the insurer must be notified of the resignation and
substitution of counsel.
(2) Resigning counsel must also certify their compliance with the requirements of
UTCR 3.140, ORS 9.380, and ORS 9.390.
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(3) Withdrawing or resigning attorneys must educate their fiduciary clients on their
duties and due dates for reports and accountings. A statement that this has been
done must be included in the motion to withdraw.
9.055 SETTLEMENT OF PERSONAL INJURY OR WRONGFUL DEATH

CLAIMS: REQUIREMENTS WHEN MINOR CHILD OR
INCAPACITATED OR FINANCIALLY INCAPABLE PERSON APPEARS
BY GUARDIAN AD LITEM
(1) Except as permitted by ORS 126.725 for a minor child, a petition for approval of a
settlement of a personal injury or wrongful death claim on behalf of a minor child,
incapacitated person, financially incapable person, or decedent shall be accompanied
by a declaration in conformance with HB 3008 3(2):
A description of the incident causing the injury or death;
A description of the injuries;
The amount of the prayer and settlement. (If a structured settlement is requested,
the present value of the future payments should be indicated);
The amount of the attorney fees and costs;
The proposed disposition of the settlement proceeds;
A concise statement explaining the reasons for the settlement and the efforts to
maximize recovery;
A statement explaining that the attorney has independently evaluated the interests
of the injured party;
A statement explaining that the attorney has examined every medical record; and
A statement explaining why it is necessary and proper to settle the case at the
present time.
(2) The Chief Judge, or designee, shall approve any settlement of a personal injury or
wrongful death claim on behalf of a minor child, incapacitated person, financially
incapable person, or decedent.
For personal injury when a civil action is filed, the original petition and affidavit
must be filed in the civil action. The order shall be directed to the Probate
Department by the Civil Department.
For wrongful death, or a personal injury claim for which approval is sought on
behalf of a minor child, incapacitated person, or financially incapable person prior
to filing the civil action, the petition and affidavit shall be filed in the Probate
case.
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(3) A conservatorship on behalf of the minor child or incapacitated person generally will
be required for any case where personal injury or wrongful death settlement
proceeds are at issue in excess of the amount allowed in ORS 126.725.
Bond and standard annual accounting requirements may be waived if the funds
are restricted until the minor attains the age of majority. In lieu of such
accountings the court will require copies of the first and last bank statements for
each standard accounting period to be filed with the court.
Restricted accounts on behalf of a minor child or incapacitated person must be

confirmed by a signed acknowledgment from the bank or brokerage firm which
discloses the account number, type and account balance as required by UTCR
9.050 and 9.080. Exceptions for diminutive amounts may be requested.
As indicated above, damage settlement amounts on behalf of a minor child,

incapacitated person, or financially incapable person shall be submitted for
approval to the Chief Judge, or designee. The allocation of funds and the
structuring of such funds is likewise the Chief Judge’s responsibility. Minors,
incapacitated persons, and financially incapable persons should be provided with
independent counsel for such issues and most commonly when a minor’s funds
are proposed to be withheld from them after age 18.
(4) A fiduciary appointed by the Probate Court is required to comply with paragraph (1)
of this rule and must file a motion for an order approving a settlement of a personal
injury or wrongful death claim on behalf of a protected person. The motion must be
supported by an affidavit setting out the required information.
9.065 BONDS IN ESTATES WHERE PERSONAL REPRESENTATIVE OF

INTESTATE ESTATE IS SOLE HEIR OR DEVISEE
Notwithstanding ORS 113.105, the personal representative of an intestate estate shall be required
to file a bond if the court is not satisfied that the creditors will be paid, even if the personal
representative is the sole heir or devisee of the estate.
9.073 VOUCHERS
(1) All court appointed fiduciaries shall maintain accounts from which the court will be
provided with copies of the statements containing images of the front face of checks
written from the account. If questions arise regarding the check, fiduciaries will be
required to provide copies of the front and back of the check images.
(2) Disbursements made by debit card, electronic check or automatic withdrawals will
require all twelve (12) months of bank statements with these expenditures
highlighted.

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9.075 GUARDIANSHIPS
(1) A Petition for Guardianship shall designate, in the caption, that it is for guardianship
of an adult, whether it is for a temporary or indefinite time (or both), and whether a
conservatorship is also being requested. The deposit for the visitor’s investigation
fee shall be paid with the filing of the Petition.
(2) Upon the issuance of an order appointing a Court Visitor, the attorney for the
petitioning party shall provide copies of the petition, marked "VISITOR'S COPY"
with supporting documentation and copies of proposed notices and the ORS 125.070
(4) respondent’s objection (the blue form) to the designated court visitor via e-mail.
(3) Petitions for Appointment of a Temporary Guardian should be accompanied by

appropriate affidavits and medical reports. The Petition should be filed with the
Probate Section of the Civil Division and presented to the Chief Family Law Judge
or designee at a probate short docket hearing scheduled per SLR 9.025(4).
(4) Within 30 days after each anniversary of appointment, a Guardian shall file with the
court a written report. Copies of the Guardian’s Report must be given to those
persons specified in ORS 125.060 (3). The report shall be in the form prescribed by
the court. (See Guardianship Report Forms, Forms Appendix.)
9.076 NON-PROFESSIONAL FIDUCIARY EDUCATION PROGRAM
(1) The following court appointed non-professional fiduciaries are subject to this rule:
Any guardian or conservator appointed pursuant to ORS Chapter 125 on or after

July 15, 2014.
Any personal representative appointed pursuant to ORS Chapter 113 on or after

February 2, 2015.
Any trustee appointed pursuant to ORS Chapter 130 on or after February 2, 2015.
Any non-professional fiduciary cited for a deficiency in the handling of fiduciary

duties pursuant to the show cause process.
(2) All non-professional fiduciaries involved in a case described under subsection (1)
above, shall:
Successfully complete an education class for non-professional fiduciaries with a

curriculum as prescribed by the Presiding Judge of Multnomah County within 60
days of appointment as a fiduciary by the Court; and
Register for the program no later than fifteen (15) days of appointment as a
fiduciary by the Court.

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(3) A professional fiduciary, for purposes of this Rule, is defined in ORS 125.240(5).
Professional fiduciaries are exempt from this Rule.
(4) The Court will send notice and instructions of this requirement will be sent to the
non-professional fiduciary at the time of appointment as guardian, conservator or
personal representative. The attorney representing a trustee shall provide notice and
instructions to the trustee of this requirement.
(5) Fees for the court-required class shall be considered a cost of administration of the
protective proceeding, estate or trust. The fee for the court-required class may be
waived or deferred in the court’s discretion, in keeping with the court’s policy on fee
waiver and deferrals.
(6) Upon successful completion of the court-required class, the non-professional

fiduciary shall file a certificate of completion with the Probate Department stating
the date and time the class was taken as well as the provider of the class.
(7) Upon a showing of good cause, a non-professional fiduciary may request a waiver of
the requirements of this Rule. The request must be made by motion, supported by
affidavit, and filed within fifteen (15) days of receipt of notice.
(8) The court may, in its discretion, require a non-professional fiduciary to retake the
class.
(9) Failure to timely comply with this Rule may result in removal of the non-
professional fiduciary by the court.
9.081 PRESENTATION OF ORAL OBJECTIONS
Any person may present oral objections, where permitted in probate matters under ORS 125.075,
by appearing in the Probate Department, Multnomah County Central Courthouse, 1200 SW First
Avenue, Portland from 9:00 a.m. to 5:00 p.m. each judicial day. The respondent or protected
person may also make objections orally to an appointed Court Visitor. Court Visitors are to
include any objections by the respondent or protected person in the Visitor Report.
9.085 SELF-REPRESENTED PARTY APPEARANCES IN PROBATE COURT;

APPROVAL
(1) If a personal representative or conservator intends to appear without an attorney in

any matter assigned to the Probate Court, that person must provide to the court
notice of such intent and proof of competency in such matters. If such proof
provided is not sufficient to assure the court that the estate or interest will be
protected, the court shall take appropriate action.
(2) A person other than a personal representative, conservator, or corporation may

appear in person without counsel in any matter before the Probate Court as
authorized or allowed by law. The person appearing and counsel for the personal
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representative shall notify the Probate Court if any party to a proceeding is self-
represented. The Chief Judge or designee shall decide whether further hearings shall
be required.
9.095 ATTORNEY FEES AND CORPORATE FIDUCIARY FEES APPROVAL
(1) Attorney fee expenses under ORS 116.183 and 125.095 must be approved by the
court.
Such requests must be accompanied by a statement for attorney fees, filed in the
form required by UTCR 5.080, showing the number of hours expended, the
hourly rate charged, and a designation of title for each person performing work.
In addition to the information required by UTCR 5.080 for a civil action, under
this rule the statement also must include a description of normal attorney tasks
with hours expended. For extraordinary activities, the statement must also
concisely address the following issues to be resolved and the process and time
spent on each:
(i) For establishing and funding trusts, a brief narrative must identify
complexities involved;
(ii) For tax planning, describe objectives and activities required;
(iii) For tax returns, indicate the number filed and the nature of the returns;
(iv) For tax audits and hearings, describe the issues addressed;
(v) For disclaimers, describe the circumstances and complexities;
(vi) For real estate management problems, include issues regarding

compliance with local, state and federal authorities;
(vii) Discuss sales of real property;
(viii) Discuss operation or sale of business interests;
(ix) Discuss management of family-owned corporation or closely held stock;
(x) For contested matters, indicate whether they were of benefit to or in

defense of the estate;
(xi) Discuss election of spouse/marital share;
(xii) Discuss disputed creditor’s claims.;
(xiii) For any other occurrence or issue which contributes to the reasonable
costs of administration; and
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(xiv) The factors listed in ORS 125.098.
If tasks performed appear to be the duties of a personal representative, the court

will question and possibly reduce attorney fee payments for such activities.
(2) Consent by the parties to the attorney fee requests shall not waive the requirements
of this rule.
Corporate Fiduciary Fees
(3) Any request for approval of corporate fiduciary fees in addition to the basic
percentage fee allowed pursuant to applicable statute, must be accompanied by an
affidavit in compliance with 9.095(1)(a), above.
Private Fiduciary Fees
(4) All requests for fiduciary fees (except those from a Personal Representative) shall be
supported by an affidavit which details the services provided, the purpose of the
services rendered, the results (if applicable), the hourly rate charged by the fiduciary
and the reasons that hourly rate is deemed fair and reasonable.
9.161 FORM OF ACCOUNTINGS
Accounting in estates and conservatorships must be submitted in the format specified in UTCR
9.160.

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CHAPTER 10

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CHAPTER 11
JUVENILE COURT
11.013 COURT UPDATES
The Multnomah County Family Law Bench sends periodic e-mails through a Multnomah County
Circuit Court Juvenile Practitioner’s E-mail Listerv with announcements, temporary changes,
and court updates. To be included on this e-mail list, contact the Chief Family Law Judge’s staff.
11.014 MANNER OF PROCEEDINGS
(1) In Person Proceedings
All parties, attorneys, and witnesses are required to appear in person for proceedings not listed
under the Remote Proceedings list in subsection (2).
Any participant who wishes to appear remotely may file a Motion and Declaration requesting
remote appearance, setting forth any compelling reason why an exception to the in-person
requirement should be made. Motions should be directed to the Chief Family Law Judge or
Judge of the Case at least 10 days in advance of the proceeding.
(2) Remote Proceedings
The Court will continue to hold following proceedings remotely, unless the Chief Family Law
Judge or Judge of the Case either grants a Motion for in-person appearance, or orders the parties
to appear in-person
When appearing for a remote proceeding, participants shall not appear while operating a motor
vehicle.
Any participant who wishes to appear in-person for a proceeding scheduled as remote may file a
Motion and Declaration requesting in-person appearance, setting forth any compelling reason
why an exception to the remote requirement should be made. Motions should be directed to the
Chief Family Law Judge or Judge of the Case at least 10 days in advance of the proceeding.
The following proceedings will continue to be held remotely:
(a) Delinquency Call
(b) Delinquency/Dependency Ex Parte
(c) UCCJEA Conferences
(d) Case Management Conferences
(3) Submission of Trial Memorandums

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Trial memorandums shall be submitted to the assigned trial department by noon of either the day
of Trial Assignment, or the judicial day prior to the scheduled proceeding.
Parties shall check with the Judge of the Case/assigned judicial officer’s staff on how to submit
exhibits.
11.015 JUVENILE COURT MATTERS
(1) Juvenile court hearings. The Chief Family Law Judge or designee shall have
responsibility over juvenile matters. Hearings will be set at the Juvenile Justice
Complex, 1401 NE 68th Avenue, Portland, Oregon, or the Downtown Central
Courthouse, 1200 SW 1st Avenue, Portland, Oregon, as ordered by the court.
(2) Ex parte. Ex parte matters in the Juvenile Department will be heard each day after
Call/assignment at 1:30 PM, and at additional times as designated.
(3) Initial Hearings. Initial hearings on delinquency cases will be heard each day at
1:005 PM. Shelter hearings on dependency cases will be heard each day at 2:30 PM.
(4) Rehearings. Requests for rehearing of a referee’s decision shall be filed within 10
days of entry of the referee’s ruling. The Juvenile Court Clerk’s Office will place the
matter on the Call docket three (3) business days after the date of the request. The
parties shall take reasonable efforts to confer about a workable hearing date prior to
this Call appearance. Nothing in this section prohibits a judge from granting an
immediate rehearing within his or her discretion once a party files and serves a
rehearing request.
11.017 PETITION NUMBER AND JJIS NUMBER REQUIRED
Documents submitted for filing and entry in the register in an action in the Juvenile Court must
contain, in the caption of the document, the petition number and the Circuit Court case
number(s) assigned to the action in which the document is to be entered and the Juvenile Justice
Information System (JJIS) number assigned to the child by the Department of Community
Justice’s Juvenile Services Division or its successor agency.
11.035 REFEREES
Juvenile Court Referees, appointed by the court, may conduct hearings in any Juvenile Court
cases, except that only a judge shall conduct the following hearings:
(1) A hearing to waive a youth to adult court;
(2) Any trial on a petition seeking the termination of parental rights;
(3) Unless otherwise stipulated by the parties, a contested hearing on a petition alleging
an act, which if done by an adult would constitute a Class A or Class B felony, or
any degree of homicide; and

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(4) Other matters upon good cause shown.
11.037 MOTION FOR A JUDGE, MOTION FOR CHANGE OF JUDGE
(1) Motion for a Judge
If a case is one that may be assigned to a referee for hearing, a motion, supported by an affidavit,
may be filed to request that the case be assigned to a judge for hearing. The affidavit must allege
with specificity the special circumstances supporting the request. The motion, with the
supporting affidavit, must be submitted to the Chief Family Law Judge or designee as a
conventional (paper) filing prior to the assignment of the case to a referee for hearing.
(2) Motion for Change of Judge
A party intending to file a motion for a change of the judge assigned must announce this intent at
the time of assignment or at the time the party receives notice of the assignment. The original
motion, affidavit, and proposed order shall be submitted conventionally (in paper) to the Juvenile
Clerk’s Office by the close of business on the judicial day following notice of the assignment.
The Clerk's Office staff will send the filing to the Chief Family Law Judge or that Judge’s
designee. The moving party shall include with that submission a certificate of service
documenting that service of the motion, affidavit, and proposed order has been effected on the
other parties and a copy of those documents delivered to the Judge who is the subject of the
motion.
11.041 IDENTIFICATION OF JUDGE IN CAPTION
The case caption for any juvenile matter for which there is a Judge of the Case shall include in
parentheses the name of that judge.

11.045 GENERAL PROCEDURES FOR SCHEDULING HEARINGS FOR

JUVENILE CASES
(1) Delinquency cases. When a petition is filed on a delinquency case, the Juvenile
Court Clerk’s Office shall schedule hearings required by statute, as well as Plea,
Trial Readiness and Call dates as follows:
Plea. If the youth is in custody, a plea hearing will be set for Call seven (7)
calendar days from the preliminary hearing.
(b) Ten Day Review. In custody youth will be scheduled for a ten (10) day review
hearing every ten (10) court business days that they are held in custody , except

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for youth with waiver motions pending which will be scheduled for a review
hearing every thirty (30) days. This hearing shall be set on the detention review
docket. Scheduling of these hearings shall be coordinated by the staff of the
Juvenile Services Division. Youth may waive appearance at detention review
hearings.
(c) Trial Readiness. Trial Readiness is heard at Call. Attorneys shall report whether
they are ready to proceed to trial. If attorneys are not ready to proceed to trial, a
new trial readiness date will be set. Substantial cause is needed to set a Trial
Readiness date more than 60 days past the date the petition was filed. If attorneys
are ready to proceed to trial, a Call date will be set.
(i) In custody youth: Trial Readiness date is set 2 weeks from the
preliminary hearing.
(ii) Out of custody youth: Trial Readiness date is set 5 weeks from the
preliminary hearing.
(iii) Community Detention youth: Trial Readiness date is set 4 weeks from
the preliminary hearing.
(d) Call. At the Call proceeding, the case will be assigned to a judicial officer for trial
two judicial days following the call date. A party needing a setover shall request
the setover three (3) days before the Call date. Only in emergency situations will
a setover be granted at Call.
(e) Case Management Conferences. Case management conferences shall be first set
within fourteen (14) days of the initial appearance and at least every thirty (30)
days thereafter by the initial case management conference judge. Case
management conferences shall be set in cases with the following charges:
(i) Sex Offender Cases
(ii) Aid and Assist Motions
(iii) Motions for Waiver Hearing
(iv) Youths charged with Murder
(v) Youth charged with Attempted Murder
(vi) Cases in which a youth has had more than six 10-day detention reviews, if
the youth does not fall into one of the above categories
(2) Dependency cases. When a petition is filed in a dependency case, the Juvenile Court
Clerk’s Office schedules hearings required by statute, as well as other hearings and

74
conferences. All reviews in a dependency case will be heard by the judge of the
case.
Second Shelter Hearing. A second shelter hearing may be set after the initial
shelter hearing. The shelter hearing is set by the judicial officer during the initial
shelter hearing, or at a later time within the judicial officer’s discretion.
Pre-trial conference/settlement conference. A pre-trial/settlement conference

shall be set approximately 35 days from the initial shelter hearing. The pre-trial
conference is set for 30 minutes before the settlement conference begins, but is
not scheduled on a judicial officer’s docket. If the case is not settled at the pre-
trial/settlement conference, the case may be scheduled for call and trial, or for
another pre-trial/settlement conference. Call, trial, and subsequent pre-
trial/settlement conference dates are scheduled by the judicial officer in court.
Dependency/Termination of Parental Rights Call. At the Call proceeding, the

case will be assigned to a judicial officer for trial on the following week. Call is
held at 8:30 AM on Thursdays.
(3) Private Dependency Petitions. When a private petition is filed in a dependency case,
the Juvenile Court Clerk’s Office schedules hearings required by statute, as well as
other hearings and conferences. All reviews in a dependency case will be heard by
the judge/referee of the case.
(a) When a private petition is filed, that moving party shall notify the Juvenile Court
Clerk’s office to schedule the preliminary hearing.
The party filing a private petition is responsible for providing the discovery to the
court and other parties in the in case.
The party filing a private petition is responsible for ensuring that service of the
petition and summons is effected on the parties.
(4) Termination of parental rights cases
(a) The initial hearing on a petition to terminate parental rights shall be pursuant to an
Order to Show Cause. The initial appearance date shall be set by the Juvenile
Court Clerk’s office. At the time of the Initial Appearance hearing, if the parents
appear and contest the petition, the matter shall be set for a Best Interest/pre-trial
conference, call and trial.
The Best Interest/pre-trial conference shall be set before the judicial officer
assigned to the case (not the trial judge), to seek possible means for resolving pre-
trial issues.

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(5) Petitions for judicial determination. Petitions for judicial determination are filed by
the Department of Human Services with the Juvenile Court Clerk’s Office. The
Clerk’s Office schedules an initial review and assigns a judicial officer as
judge/referee of the case. All subsequent hearings shall be set by the judge of the
case either upon the court’s own motion, upon motion of the child(ren) or parent(s),
or, if requested, by the Department of Human Services pursuant to ORS 418.312.
(6) Motions or other specially set matters. Any motion or other matter for which oral
argument is requested must include in the caption of the motion that request (“Oral
Argument Requested”) and, if the matter is a dependency case, the next scheduled
hearing date (Next Scheduled Hearing Date: ____________).
(a) Dependency case: If the requesting party believes that the time allotted for the
next hearing is not sufficient to accommodate argument on the motion, the
requesting party shall contact the staff of the Judge/Referee of the case to
schedule additional hearing time after consulting with the other parties on their
availability. The date and time of the additional hearing time shall be included in
the caption of the Motion that is served on the parties (“Motion Scheduled for
_____________________”). Alternatively, the Judge/Referee of the Case, on his
or her receipt of the motion, may conclude that the next scheduled hearing date is
insufficient to accommodate argument of the motion. In this situation, the staff of
that Judge/Referee will notify the moving party of that party’s obligation to
coordinate scheduling of a motion hearing and serve notice of that hearing.
Delinquency case: If there is a Judge/Referee of the Case, the requesting party

shall contact the staff of that judicial officer regarding scheduling (and whether
the Judge/Referee of the Case should hear the motion) and include in the caption
of the motion that is served on the parties the date and time of the motion hearing
(“Motion Scheduled for _____________________”). If there is no Judge/Referee
of the Case (or if the Judge/Referee of the Case so directs the requesting party),
the requesting party shall coordinate with the parties on scheduling of a motion
hearing and contact the Juvenile Clerk’s office to place the matter on the Call
docket for hearing.
(7) Unless stipulated, or compelling cause is found, motions to terminate wardship in a

dependency matter shall be filed and served at least 14 days before hearing on the
motion.
11.046 PROPOSED ORDERS AND JUDGMENTS
UTCR 5.100 applies to dependency matters under this chapter.
11.047 REQUIRED CLASS FOR GUARDIANS IN DEPENDENCY CASES
All persons anticipating appointment as a guardian for a child or ward under the dependency
jurisdiction of the court must successfully complete an education class utilizing a curriculum
prescribed by the Presiding Judge of Multnomah County prior to an Order of Guardianship
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being entered by the Juvenile Court. The court approving a plan of guardianship will provide to
the potential guardian, or to DHS if the guardian is not present or identified at that permanency
hearing, notice and instructions of this requirement. Fees for this class are subsidized by DHS
and not paid by the potential guardian. The potential guardian shall provide to DHS a
certificate of completion of this class, which certificate DHS shall file with the court as part of
the DHS court report. The court may defer or waive the requirement to complete the class
when necessary to avoid delaying permanency for a child or for other compelling reason.
11.065 MOTIONS FOR SUBSTITUTION OF COUNSEL
Motions for substitution of counsel due to conflicts in the attorney-client relationship must be
heard by the judge of the case. If no judge of the case exists, the request for attorney substitution
may be heard by any judicial officer. The motion must show the date of the next scheduled
appearance, and must be accompanied by: the most recent name, address, and phone number of
the client; a copy of the petition; any police reports; and all discovery material received.
11.066 IN CAMERA REVIEWS
(1) Parties seeking an in camera review of documents in a juvenile dependency or

delinquency case shall file a motion with the court clerk in the Juvenile Court
Clerk’s Office describing the records to be reviewed, the information the party seeks
to obtain from the records, and the legal authority for the in camera review.
Documents submitted for in camera review shall also be delivered to the Juvenile
Clerk’s office.
(2) Motions for in camera review of documents in juvenile dependency or delinquency

cases shall be set before the Judge of the Case, or if there is no Judge of the Case, the
Chief Family Law Judge.
(3) Once an order for in camera review is signed, assignment of the in camera
inspection shall be handled by the Chief Family Law Judge, or that Judge’s
designee, to be placed on the Family Law Trial Assignment docket for assignment.
Parties need not appear at this trial assignment setting.
11.067 NOTICE OF SCHEDULING OR RE-SCHEDULING OF A CRITICAL

STAGE HEARING IN CASES SUBJECT TO SLR 4.024
Supplementary Local Rule 4.024 applies in juvenile delinquency proceedings for alleged youth
offenders and youth offenders in any juvenile delinquency action subject to the provisions of
UTCR 4.100 to 4.110.
11.068 TRANSFER CASES – APPOINTMENT OF COUNSEL AND HEARINGS
(1) To Multnomah County Circuit Court - To initiate a transfer of a case to Multnomah

County Circuit Court, a motion and proposed order to transfer must be filed in the
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originating county circuit court. Once an order granting the transfer has been signed
in the originating county, and in Multnomah County Circuit Court, the clerk’s office
will begin the process of appointing an attorney and judicial departments may begin
setting hearings.
(2) From Multnomah County Circuit Court – To initiate a transfer of a case from
Multnomah County Circuit Court, a motion and proposed order must be filed in the
case. Once the orders granting the transfer have been signed by a Multnomah County
Circuit Court judge, and the transfer county circuit court judge, contact the county in
which the case is being transferred for their local processes on attorney appointments
and to begin setting hearings.

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CHAPTER 12
MEDIATION
12.016 SEE SLR 8.037 FOR THE MANDATORY PARENT EDUCATION

PROGRAM
12.022 COURT-CONNECTED MEDIATOR LISTS ESTABLISHED
The court will maintain lists of mediators who have met the qualifications established in the
Oregon Judicial Department Court-Connected Mediator Qualifications Rules, adopted into
UTCR Chapter 12. Separate lists shall be maintained for general civil mediators, domestic
relations custody and parenting mediators, domestic relations financial mediators, and probate
mediators. The lists of mediators will be published on the Circuit Court’s web site at
https://www.courts.oregon.gov/courts/Multnomah
12.023 APPOINTMENT TO COURT-CONNECTED MEDIATOR LIST
(1) A mediator seeking inclusion on one or more lists must sign and file an application
provided by the court for inclusion on the list of court-connected mediators. The
Presiding Judge or the Presiding Judge’s designee may require substantiation of any
information submitted on the application. The Presiding Judge or the Presiding
Judge’s designee may contact any program or individual referenced in the
application or any other resource necessary to make a determination whether to
approve a mediator.
(2) The Presiding Judge or designee shall review each application and make a
determination to approve or reject an applicant as a court-connected mediator.
(3) Appointments to any list shall be at the discretion of the Presiding Judge or designee.
Approved mediators shall be required to provide updated applications every two
years.
Inclusion on the list shall in no way establish any requirements for compensation for mediators,
except as provided in SLR 12.025, nor serve as an endorsement or warranty of the mediator by
the court.
(4) The Presiding Judge or designee may remove a mediator from any court-connected
mediator list if the mediator is no longer qualified under the Oregon Judicial
Department Court-Connected Mediator Rules, or upon the written request of the
mediator or agent, if the mediator is unable to make such request.
(5) Qualified court-connected mediators will be identified as such to the public, together
with contact information for such mediators. The applications of qualified court-
connected mediators will be available for review by the public.

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12.025 ALTERNATE MEDIATION PROCEDURE IN CIVIL AND DOMESTIC
RELATIONS ACTIONS SUBJECT TO ORS 36.400 TO ORS 36.425
(1) Mediation, as used in these rules, is a facilitated negotiation process in which a

neutral third-party assists the parties in attempting to reach a resolution of their
controversy. The mediator has no authority to make a decision or impose a solution.
(2) On the parties’ written stipulation, filed with the court at any time prior to the
commencement of the arbitration hearing, the parties may elect to mediate (pursuant
to ORS 36.185 to ORS 36.238) rather than arbitrate any civil or domestic relations
case subject to mandatory arbitration under ORS 36.400 to ORS 36.425. Such
mediation shall be accomplished within the same time period required for court-
annexed arbitration under these rules. If the parties mediate in good faith, they shall
be deemed to have met the requirements for ORS 36.400 to ORS 36.425 and SLR
7.016 whether or not the mediation results in resolution of all claims, and shall not
thereafter be required to submit to arbitration. Nothing in this rule, however,
precludes the parties from entering into arbitration in the event that mediation is
unsuccessful in resolving the controversy. Any such request to arbitration after
mediation shall be governed by Chapter 13 of these Supplemental Local Rules.
(3) If no arbitrator has been selected or assigned at the time of the filing of the
stipulation to mediate, the parties select a mediator by stipulation.
(4) If an arbitrator has already been assigned at the time of the stipulation to mediate, the
arbitrator shall be informed immediately, and shall be compensated, pursuant to
UTCR 13.120 and the Supplementary Local Rules, for any time already invested in
the case.
(5) If the parties select a mediator who is not qualified under the Oregon Judicial
Department’s Court-Connected Mediator Qualification Rules, they shall be deemed
to have waived any protections under those rules.
(6) Unless the parties agree to different compensation, the mediator is to be

compensated pursuant to UTCR 13.120, the Supplementary Local Rules, and the
hourly rate established by the arbitration commission.
(7) If requested by the mediator, the parties shall supply to the mediator a statement of
the nature of the case, the status of settlement negotiations, and any other
information requested by the mediator or deemed helpful by any party for the
resolution of the dispute. This must be supplied to the mediator at least one day
prior to the scheduled mediation.
(8) Within five days of the conclusion of the mediation, the mediator shall file with the
court a report, together with proof of service of the report upon each party, stating
the status of the action following mediation as either “settled” or “not settled.” If
settled, the terms of the settlement may be stated in the report, unless the parties
have agreed that the terms shall be kept confidential. A written statement of the
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terms of the settlement signed by the parties or their attorneys shall be retained by
the mediator. A written settlement agreement or memorandum of agreement shall be
admissible to prove the settlement under to ORS 36.220 to ORS 36.238. If the
mediator’s report is “settled” the parties must, within 30 days of the report being
filed, submit to the Presiding Judge a stipulated judgment as the final order in the
action. If the mediator’s report is “not settled” the action will be assigned an initial
trial date and will proceed on the court’s civil calendar.
(9) In the event any party fails to mediate in good faith after signing a stipulation for
mediation pursuant to this rule, the court may assess as costs any other party’s costs
necessarily incurred in the mediation, in any subsequent judgment.
(10) The mediation proceedings described by this rule are compromise negotiations for
purposes of OEC 408 (ORS 40.190) and are confidential under ORS 36.220 to
36.238.
12.035 MEDIATION IN SMALL CLAIMS ACTIONS; FAILURE TO COMPLY

WITH SETTLEMENT
(1) All small claims actions shall go to mediation orientation before going to trial.
(2) Agreements reached while in mediation shall be signed by the parties and mediator
and filed as stipulated orders. The mediated agreement represents a full and
complete settlement of all claims and counterclaims raised in the proceeding. The
court will enter a Stipulated Order/Judgment of Dismissal of the case, subject to
completion of the agreement.
(3) Failure of either party to comply with the mediated agreement will be grounds for
the opposing party to file a Declaration of Noncompliance and Request for
Judgment, and upon such filing, the dismissal shall be set aside. Without further
hearing, the court may enter a Judgment against the noncomplying party in the dollar
amount of the original claim.
12.045 MEDIATION IN PROBATE PROCEEDINGS
(1) Scope and Objectives. Probate proceedings shall be subject to mediation in

accordance with these rules.
Unless excluded below, all matters in Chapters 111 to 116 and 125 to 130 of the
Oregon Revised Statutes under the jurisdiction of the Circuit Court shall be
subject to mediation. These include protective proceedings, gifts, trusts, health
care directives, powers of attorney, probate estates and estate matters outside of
probate.
The following matters are excluded from mediation: temporary protective

proceedings under Chapter 125.

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If there is a dispute about whether a specific matter is subject to mediation under
these rules, a court shall make the determination and shall rely on the policy to
encourage the use of mediators in alternative dispute resolution and to discourage
litigation.
Mediation shall occur with the objectives of allowing parties to air their
grievances informally, craft personal and creative solutions, forestall future
possible disputes, work in an atmosphere that is outside of the formal rules of the
courtroom, and to save on the expense of the judicial process.
(2) Presentation for Mediation
Matters may be assigned for mediation by order of the court on its own motion.
Matters may be mediated by agreement of all of the parties or notice by any party.
A party may notice mediation without court permission.
(3) Nothing in these rules shall prevent:
Matters from being mediated before the filing of a legal proceeding except that
the court cannot be used to resolve disputes in the mediation unless a legal
proceeding is filed; or,
Parties from settling disputes without mediation or through settlement

conferences.
(4) Procedure. In cases subject to mediation under these rules:
The parties shall initiate the mediation process upon the filing of an objection or
other responsive pleading setting a matter at issue. The Court may notify the
parties with a court notice of the mediation requirements.
A party may notice a mediation by serving a written notice of mediation on all

other parties stating that the party has elected to mediate the matter pursuant to
these rules. The Notice shall include a plain and concise statement of the facts
that inform the parties and the court of the questions in dispute. The Notice may
be substantially in the form set forth in Appendix (See Notice Form, Forms
Appendix) to these rules.
The parties or one of them, if by agreement, shall provide a status report to the
court within thirty (30) days of the filing of the objection or other responsive
pleading setting a matter at issue. The status report shall include the dispute
resolution plan, any request for a settlement conference, whether there is a
pending motion to waive mediation or a request for a hearing date.
(5) Waiver of Mediation. If a party determines that mediation is not appropriate in the
matter at issue, the party may move to waive mediation and serve the motion on all
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other parties. The motion shall include a plain and concise statement of the facts so
as to inform the parties and the court of why the party is objecting to mediation. The
Motion to Waive Mediation may be substantially in the form set forth in Appendix
(See Motion Form, Forms Appendix) to these rules.
A motion to waive mediation must be made within fourteen (14) days of the court
notice or the pleading setting the matter at issue. The motion may be
accompanied with pleadings necessary to set the substantive issues before the
court.
The court may set a hearing on the motion to waive the mediation for no later than
fourteen (14) days from the filing of the motion and shall notify all parties.
A court hearing on a motion to waive mediation shall order that mediation

proceed except for good cause shown. If the court determines that the matter
should not be subject to mediation, the court shall set the matter for a hearing on
the substantive questions in dispute.
(6) Other Procedure
The court may modify the times for notice and objection if a party is
unrepresented by legal counsel or for good cause shown. A modification can be
retroactive.
The calculation of the timelines under these rules shall be made in accordance
with ORCP 7D(2)(d)(ii).
Service of pleadings shall occur as set forth in Chapters 111 to 116 and 125 to 130
or shall be governed by the Oregon Rules of Civil Procedure. Proof of service of
pleadings required by these rules shall be filed with the court with a copy of the
pleading.
In the event the times set forth in these mediation rules prejudice a party’s
statutory rights, the court shall provide relief for the party if the relief is consistent
with the fair adjudication of disputes.
If there is a dispute about whether or not an attorney or other advocate should be

present at mediation under these rules, a court shall make the determination and
shall rely on the policy to encourage the use of attorneys and advocates.
(7) Choice of Mediator
A mediator shall be chosen by the parties or the court as follows:
By stipulation of the parties.

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If there is no objection to mediation, each party shall provide all parties a list of
acceptable mediators within fourteen (14) days of pleading setting the matter at
issue.
If there is an objection to mediation and a court determination that mediation shall

proceed, each party shall provide all parties a list of acceptable mediators within
seven (7) days of the order on the objection.
The parties shall make a good faith effort to find a mutually agreeable mediator.
Once a mediator is chosen by the parties the noticing party shall inform the court
of the mediator’s name and address.
If the parties cannot agree to a mediator within seven (7) days from the date the
list was required to be furnished, a party may file a motion to appoint a mediator.
That motion must be served on all parties and any party may file a response with a
list of their choice of mediators and a plain and concise statement of facts about
why one of the mediators on their list should be appointed. The court shall
appoint a mediator qualified under paragraph (8) (b) of this rule that appears on
the list of at least one party and is not required to hold a hearing.
(8) Qualification of Mediator
A mediator qualified for probate mediation must be: (i) An attorney licensed to
practice before the courts of this state having at least five years of experience in
estates, trusts or protective proceedings, (ii) an individual with special skill or
training in the administration of estates, trusts or protective proceedings, or (iii) an
individual with special skill or training as a mediator.
A mediator appointed by the court rather than by agreement of the parties shall
also (i) comply with the Oregon Judicial Department Court-Connected Mediator
Qualification Rules and (ii) have attended the Multnomah County Probate
Department mediation training.
The mediator shall not have an interest in any of the issues subject to dispute and
shall not be related to a party.
(9) Date for Mediation
Upon the designation of a mediator by the parties or the court appointment of a mediator, the
mediator and the parties shall establish a date for the mediation. If a date cannot be agreed upon
within fourteen (14) days of the designation or appointment of the mediator, a party may move
the court to set a date for the mediation and the procedure shall be substantively similar to that
for the appointment of a mediator in Rule 12.045(7)(E).
(10) Duration of Mediation

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Parties to mediation shall mediate in good faith. In all cases the mediation must last at least three
(3) hours unless the matter is conclusively resolved in less time or if the mediator concludes that
no progress is likely to occur.
(11) Mediation Agreement. A resolution of the matter that is the subject of the mediation
shall be memorialized in writing and signed by the mediating parties. Subject to the
waiting period set forth below, the agreement shall be binding on all signors.
Each party to the mediation shall have seven (7) days to repudiate the agreement.
A repudiation shall be in writing. Parties may agree to eliminate or change the
period of time during which repudiation may occur.
After seven (7) days or such different time period as the parties may agree, the
parties to the agreement shall reduce it to a court order or judgment for approval
of the court.
If a party repudiates the agreement, the party shall immediately inform the
mediator and all parties and the mediator or any party shall inform the court. The
matter shall be scheduled for hearing by the court in the same course and with the
same priority on the docket as though there had been no mediation.
(12) Costs of Mediation. Costs of the mediation, including reasonable compensation for
the mediator's services, shall be borne equally by the parties unless the parties agree
otherwise.
The details of mediation costs and fees, including the compensation of the
mediator, must be set forth in a mediation agreement between the mediator and all
parties to the matter.
Nothing in these rules is intended to affect a party’s right to petition for payment
or reimbursement of fees and costs pursuant to another rule or statute in the
underlying matter.
A party shall not be kept from mediation due to indigency and the court shall
establish procedures for mediation when there is an indigent party.
(13) Compliance
If a party does not comply with these rules, any other party may move the court for an order
compelling compliance. A party obtaining an order compelling compliance is entitled to
reimbursement of costs and attorneys' fees incurred in connection with the compliance
proceeding unless the court at the hearing determines otherwise for good cause shown.
Reimbursement must be from the party or parties whose failure to comply was the basis for the
petition.

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CHAPTER 13
ARBITRATION
13.025 REQUEST FOR AND OBJECTIONS TO ARBITRATION
(1) Any party may file and serve notice of a request that the court transfer a case to
arbitration.
(2) A party opposing exemption from arbitration pursuant to UTCR 13.070 shall file
such opposition, in writing, within three days of the filing of the motion for
exemption. A court decision on such exemption will be rendered within five days
following the filing of a motion for exemption from arbitration, regardless of
whether opposition was filed. If the motion is allowed, the case will be returned to
the active trial docket for future disposition. If the motion is denied, the case will
remain in arbitration in accordance with these rules and the UTCR.
13.032 SUBMISSION OF COPIES OF MOTIONS AND OTHER DOCUMENTS

TO PRESIDING JUDGE
For cases subject to arbitration, and except for motions requiring decision by the arbitrator, any
motion, challenge, response or reply required or allowed by these rules, the Oregon Revised
Statutes or the Uniform Trial Court Rules, must include a copy which shall be delivered to the
Presiding Judge contemporaneous with the filing of such motion, challenge, response or reply.
The party preparing the document is responsible for delivery of the copy to the Presiding Judge.
13.035 COURT SHALL DETERMINE WHETHER CASE IS SUBJECT TO

ARBITRATION; AMENDMENT OF PLEADINGS
(1) A case assigned to arbitration will not be exempted without an order, supported by a
motion and affidavit, declaration, or certification under ORCP 17C.
(2) Only in extraordinary circumstances will the court order a case returned from
arbitration to the court docket after a case has been assigned to an arbitrator.
(3) If a party in arbitration seeks to amend pleadings that will add a party or parties to
the case (e.g., amended complaint, third party complaint, etc.) or which causes the
case not to be subject to mandatory arbitration, the party must file such a motion in
court pursuant to ORCP 23. Such motions will be heard by the Multnomah County
Arbitration Judge. If a motion to amend is granted adding parties to the case, the
newly added parties will file in court any responsive pleadings and pay any required
appearance fees. The Arbitration Judge’s order allowing any such amendment will
address whether the case will remain in arbitration or be removed from the
arbitration program in accordance with ORS 36.405. For cases that remain in
arbitration, the Arbitration Judge’s order will address whether the current arbitration
schedule should be adjusted. For cases that are removed from arbitration, the
Arbitration Judge’s order will include the setting of a trial readiness conference in
accordance with SLR 7.015.
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(4) If a party seeks to exempt a case from arbitration in accordance with subsection (3)
of this rule, or on any other basis, or seeks an order exempting from arbitration a
case that would otherwise be referred to arbitration, that party shall file a motion,
supported by affidavit, declaration or certification, with the court, and serve the
motion:
On the other party or parties in the case;
On the arbitrator, if an arbitrator has been assigned to the case; and
On the Arbitration Clerk in the Civil Division of the Office of the Trial Court
Administrator.
(5) A party that moves for an order under subsection (4) of this rule shall promptly
advise the arbitrator in the case, if one has been assigned, of the resolution of the
motion.
(6) Cases exempted from arbitration under this rule may, when again appropriate, be
reinstated into arbitration
13.042 ASSIGNMENT TO ARBITRATION
If the first appearance of a defendant is not an answer, but is a motion directed to the complaint
or a dispositive motion, the motion shall be decided before the case is assigned to arbitration. No
case shall be assigned to arbitration until all parties have appeared or have had a judgment of
default entered against them. If a case has been assigned to arbitration prior to the filing of a
motion directed to the complaint or a dispositive motion, the motion shall be heard and decided
by the arbitrator pursuant to UTCR 13.100.
13.048 INDIGENT PARTIES
(1) In the event that funds are available under ORS 36.420, indigent parties may seek
deferral or waiver of arbitration fees by applying to the Presiding Judge or designee.
(2) Any party who obtains a deferral or waiver of arbitration fees as provided in ORS
36.420(3) and UTCR 13.120(3), must provide the arbitrator with a copy of the court
order granting the deferral or waiver within 14 days from the date the case is
assigned to the arbitrator.
(3) In the event that funds are available under ORS 36.420 and a fee deferral or wavier
has been granted by the court, the arbitrator shall be reimbursed after completion of
the arbitration, filing of the arbitration award, and submission of a request for
payment to the arbitration clerk. Requests shall include the following: case
identifying information; whether any party had a fee deferral or waiver and a copy of
the order for fee deferral or waiver; total hours of service the arbitrator provided and
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the deferred or waived party’s share of those fees; and certification and signature of
the arbitrator. Requests for payment should be submitted with the award or within
90 days of the submission of the arbitration award.
13.055 ARBITRATORS
(1) To qualify as an arbitrator, a person must sign and file an application to be placed on
the list of arbitrators, and, if not a retired or senior judge or stipulated non-lawyer
arbitrator, be an active member of the Oregon State Bar at the time of each
appointment. The Presiding Judge may remove a person as an arbitrator if such
person fails or refuses to comply with the rules governing the performance of
arbitrators, as required by the Oregon Revised Statutes, UTCR or these rules. The
Arbitration Commission may adopt additional requirements for inclusion or
retention on the list of arbitrators, including experience, training and continuing
education.
(2) There shall be a panel of arbitrators in such number as the Arbitration Commission
may determine. Persons desiring to serve as an arbitrator shall submit in writing
their desire to be placed on the arbitration panel, with the date they were admitted to
the Bar, their name, street address, email address, fax, and phone numbers, and if
they have any preference against certain types of cases (e.g., no family law). A list
showing the names of arbitrators available to hear cases will be available for
inspection in the Civil Department of the Multnomah County Central Courthouse.
An arbitrator who is no longer willing or able to serve as an arbitrator shall
immediately notify the arbitration clerk.
(3) The appointment of an arbitrator is subject to the right of that person to refuse to
serve on an individual case. An arbitrator must notify the clerk immediately if
refusing to serve, or if any cause exists for the arbitrator's disqualification from the
case upon any of the grounds of interest, relationship, bias, or prejudice governing
the disqualification of judges.
(4) If such disqualification or refusal occurs, the arbitrator must notify all parties and
immediately return all appointment materials in the case to the clerk.
(5) The parties shall confer, pursuant to UTCR 5.010, to select an arbitrator. The
plaintiff or petitioner shall initiate communications for such selection. However, if
the plaintiff or petitioner is appearing pro se, an attorney for the defendant(s) shall
initiate such communications. If all parties are appearing pro se, or if good faith
conference is unsuccessful, each party shall strike 2 names from the list of
arbitrators, and return such list to the Presiding Judge, with a copy to and proof of
service on the other party or parties. The Presiding Judge shall then select the
arbitrator from the remaining names. In the event no names remain, the Presiding
Judge may approve the issuance of a second list.

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13.065 STIPULATIONS
No agreement or consent between parties or lawyers relating to the conduct of the arbitration
proceedings, the purpose of which is disputed, will be regarded by the arbitrator unless the
agreement or consent is made at the arbitration hearing or is in writing and signed by the lawyers
or parties.
13.071 UNTIMELY FILED MOTIONS TO EXEMPT FROM ARBITRATION
If a party moves the court for an order of exemption from arbitration, pursuant to the provisions
of ORS 36.405(2)(b) and UTCR 13.070, more than 14 days after the court’s notice to the parties
that the case has been assigned to arbitration, the court may allow such motion and enter an order
under ORS 36.405 (2)(b), but only upon the condition that the parties have elected to comply
with SLR 12.025 or are not in violation of SLR 7.016.
13.075 SEE 12.025 ET SEQ. FOR MEDIATION AS AN ALTERNATIVE TO

ARBITRATION.
13.085 FILING AWARD
(1) The arbitrator shall not file an arbitration award with the court until the issues of
attorney fees and costs have been determined. The arbitrator shall certify on the
award that no issues of costs or attorney fees remain undecided upon filing of the
award. Unless otherwise ordered by the court, no amended or supplemental
arbitration award shall be filed, regardless of whether judgment has been entered on
the original.
(2) At the conclusion of arbitration, if the arbitrator attempts to file the award with the
court without the proof of service of a copy of the decision and award upon each
party as required by ORS 36.425(1), the award will not be filed and will be returned
to the arbitrator.
13.120 ARBITRATION FEES
(1) Effective for cases filed on or after July 1, 2017, the hourly arbitrator’s fee is $150.
The maximum total fee is $1500, which shall be divided pro rata among the parties
or in accordance with the order of the arbitrator.
(2) In accordance with UTCR 13.120, if, at the conclusion of the case, the arbitrator
determines that the case required extraordinary effort and time, the arbitrator may
seek the parties’ agreement for a fee in excess of the $1500 maximum fee. If the
parties do not agree that additional fees are warranted, the arbitrator may seek an
order from the Arbitration Judge authorizing additional fees.
(3) Upon selection of an arbitrator, each party shall pay to the arbitrator the sum of at
least $150 to be credited against the total arbitration fee. The balance of the parties’
arbitration fee shall be paid upon the earlier of (a) the filing of a motion by any party
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upon which the arbitrator must rule; or (b) within 30 days of the first scheduled
arbitration hearing date.
(4) The arbitrator shall not allow any party to appear or participate in the arbitration
proceeding after the transfer unless the party pays the required arbitrator fee or the
party obtains a waiver or deferral of the fee from the court and provides a copy of the
waiver or deferral to the arbitrator.
(5) If an arbitration hearing is cancelled fourteen (14) days or more from the arbitration
hearing date, the arbitrator is entitled to retain the greater of $150 per party or
compensation for the time actually spent by the arbitrator paid at the rate of $150 per
hour. Any arbitrator fee deposit in excess of these amounts must be refunded to the
parties in accordance with UTCR 13.120(2). If the hearing is cancelled fewer than
fourteen (14) days prior to the arbitration hearing date, the entire fee deposits need
not be refunded to the parties.
(6) If any party qualifies for a fee deferral or fee waiver, the relief required by ORS
36.420(3) must be obtained before the scheduling of the hearing.
13.165 TIME FOR ARBITRATION HEARING - 91 DAY TIME PERIOD

PURSUANT TO UTCR 13.160 (2)
(1) Pursuant to UTCR 13.160 (2), except for good cause shown, the hearing must be
scheduled to take place not later than 91 days, measured from the date of assignment
to arbitration. With the exception of applying this 91 day time period in place of the
49 day time period set in UTCR 13.160 (3), all other requirements of UTCR 13.160
(3) and (4) apply to the scheduling, postponement or continuance of an arbitration
hearing.
(2) If an arbitration hearing is not scheduled within 180 days from the date of
assignment of arbitration, the court will issue an order to show cause why the case
should not be removed from the arbitration program and set a court hearing date for
the parties with the Arbitration Judge. The Arbitration Judge will continue the case
in the arbitration program only if the parties establish extraordinary circumstances
justifying the delay in the arbitration hearing date. If the parties do not make a
showing of extraordinary circumstances, the Arbitration Judge shall set a trial
readiness case management conference in accordance with SLR 7.015.
13.210 TRIAL SETTING IN CASES WHERE WRITTEN NOTICE OF APPEAL

AND REQUEST FOR TRIAL DE NOVO TIMELY FILED
Where a written notice of appeal and request for a trial de novo is received by the trial court
administrator within the time for filing such a notice under ORS 36.425 and if applicable, ORCP
10C, the court will, as soon as practicable, set a Trial Readiness Civil Case Management
Conference in accordance with SLR 7.015. The conference will be with the Arbitration Judge.
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Subject to judicial availability, the expectation is that the trial date will be set no later than 30
days from the date of the conference.
13.255 RETURN OF WRITTEN NOTICE OF APPEAL AND REQUEST FOR

TRIAL DE NOVO SUBMITTED FOR FILING BEYOND THE TIME
PERMITTED
A written notice of appeal and request for a trial de novo received by the Trial Court
Administrator for filing beyond the time for filing such a notice under ORS 36.425 and, if
applicable, ORCP 10 B, may be returned by the Presiding Judge, or a designee judge, to the
party who submitted the document, with an order, copied to all parties, stating the finding that
the document was received beyond the time permitted by law. A copy of the returned notice of
appeal and request for trial de novo will be attached to the filed original of the order as a record
of the submitted document, but will not be filed separately in the action.

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CHAPTER 14
REFERENCE JUDGES
14.015 STENOGRAPHIC REPORTER NOTES; MOTIONS TO CORRECT

TRANSCRIPTS
The stenographic reporter or person keeping the audio record of the proceedings shall file the
transcript notes or electronic medium containing the audio record and the log of the recordings
on the electronic medium of the proceeding with the court.
14.025 COMPENSATION OF THE REFERENCE JUDGE
(1) The reference judge shall deliver to the Presiding Judge the written statement
specified in ORS 3.321(3) within 49 days of the termination of the referral of the
action. The written statement or facsimile shall specify the amount to be released by
the court to the reference judge.
(2) The amount paid to the reference judge from the court shall not exceed the amount
deposited into court.
(3) If a discrepancy exists in the amount of claimed compensation, the Presiding Judge
shall, upon notice from the reference judge, order the parties to deposit further funds
with the court.
14.035 RECORDS OF PROCEEDINGS
(1) The reference judge shall maintain written records for the court of the following:
Witnesses;
Court reporters or persons keeping the audio record;
Exhibits.
(2) The reference judge may designate a clerical officer to maintain such records. Such
an officer shall be approved by the Trial Court Administrator or designee.
(3) The above records shall be kept on forms approved by the Trial Court Administrator
or designee.

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CHAPTER 15
SMALL CLAIMS DEPARTMENT
15.015 FILING PROCEDURES
(1) Plaintiffs must either file their claim at the Customer Service Area on the second
floor at the Multnomah County Central Courthouse; or
(2) If the plaintiff or the defendant resides, or the claim arose, East of l22nd Avenue
extending to the North and South boundaries of Multnomah County, the claim may
be filed in the East County Courthouse at 18480 SE Stark Street.

REMEDIAL SANCTIONS
15.025 APPOINTMENT OF GUARDIAN AD LITEM
(1) Plaintiffs and Defendants who are "incapacitated," "financially incapable," or who
are "respondents" as defined in ORS 125.005, must have a guardian ad litem
appointed to pursue or defend the action. If such an individual is also a "protected
person," as defined by ORS 125.005, the conservator or guardian shall be appointed,
unless otherwise ordered by the court.
(2) Plaintiffs or Defendants who are unemancipated, unmarried, minors, living apart
from their parent(s) or legal guardian(s), and who meet the definition of a "minor"
under ORS 109.697, and who also meet the definition of "tenant" under ORS 90.100,
may appear in a small claims action based on a contract for a residential dwelling
unit or for utility services provided to that unit, without appointment of a guardian or
guardian ad litem.
(3) Unemancipated minors to whom the statutory definitions listed in subsection (2) of
this rule are applicable, but who wish to appear in Small Claims Court on other
grounds not listed in subsection (2), must have a guardian ad litem appointed to
pursue or defend the action.
(4) All other unemancipated minors, to whom the statutory definitions listed in
subsection (2) of this rule are not applicable, must have a guardian ad litem
appointed to pursue or defend a small claims action.
15.035 HEARING NOTICE
The court will give the parties not less than seven days’ notice of the small claims hearing unless
otherwise directed by the Presiding Judge or designee.
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15.045 DISMISSAL FOR FAILURE TO PURSUE CLAIM
A judgment of dismissal, without prejudice, for want of prosecution, may be filed and entered on
the court's own motion, following:
(1) A notice by the court of intent to dismiss pursuant to ORCP 54B(3), 90 days after
the date a claim is filed, unless the claim is set for a hearing or a default judgment is
entered.
(2) A notice by the court to file a formal complaint following the defendant’s request for
a jury trial, 21 days after the notice was sent, unless a formal complaint has been
filed.
15.055 REPRESENTATION BY ATTORNEY ONLY BY COURT ORDER
(1) All requests to employ counsel must be made in writing at least seven days prior to
the date of the hearing.
(2) If consent to employ counsel is granted, the requesting party must give written notice
to all other parties. Once such permission is granted, any party may retain counsel.
(3) If consent to employ counsel is granted by the court, the Oregon counsel may
associate a foreign counsel under UTCR 3.170.
15.065 TIME EXTENSION
On written request filed with the Small Claims Department at least seven days prior to the
hearing date, the court may extend the time within which to make appearances or file documents.
The time extension will not exceed 30 days unless otherwise approved.
15.075 COMMUNICATION IN WRITING
Any written communication to the court must be copied to all parties.
15.085 TRANSFER OF CLAIM FROM SMALL CLAIMS DEPARTMENT
SLR Chapter 15 shall cease to govern a claim after the transfer of the claim from the Small
Claims Department to a court of appropriate jurisdiction.
15.095 REQUESTS FOR POSTPONEMENT
Requests for postponement of a scheduled hearing must be made in writing at least seven days
prior to the hearing.
15.105 SEE SLR 12.035 FOR MANDATORY MEDIATION IN SMALL CLAIMS

ACTION.

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15.115 AUTHORIZED AGENTS IN SMALL CLAIMS CASES
An agent shall be designated by any organization filing or defending a small claim. The
designated agent may be ordered to appear before the court.
15.125 SEE SLR 5.161 FOR JUDGMENT DEBTOR EXAMS IN SMALL CLAIMS
ACTIONS
15.135 SEE SLR 5.181 FOR CLAIMS OF EXEMPTION NOT TO CONTEST

JUDGMENT
15.145 SEE SLR 6.025 FOR PAYMENT OF TRIAL FEES AND HEARING FEES
15.155 SEE SLR 7.045 FOR MOTION FOR CHANGE OF JUDGE

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CHAPTER 16
VIOLATION OFFENSES
16.005 SCOPE
(1) This Chapter prescribes procedures related to certain citations issued for violation of (a)
the Oregon Vehicle Code (ORS Chapters 801-826) and municipal codes enforceable in
the Fourth Judicial District as they pertain to regulation of vehicle traffic, (b) Oregon
fish and wildlife law, (c) the TriMet Code (Chapter 28, related to conduct on TriMet
property, and Chapter 29, related to proof of fare payment), (d) Boating Offenses, and
(e) such other types of violation citations as the court may specify by Order.
(2) Notwithstanding Section (1), the following categories of violation citations are excluded
from the scope of this Chapter: (a) violations originally charged as misdemeanors; (b)
parking citations; and (c) any violation citation eligible for consideration in Community
Court or such other specialty court as the court may establish from time to time.
16.015 PLEAS; WRITTEN OR IN-PERSON; DISPOSITION
(1) The recipient of a violation citation issued within the scope this Chapter shall enter a
plea of no contest or not guilty to the violation(s) charged. The plea may be made
electronically, in writing or in person as provided in this Section.
If in writing or electronically, the plea must be received by the court on or prior to the
date indicated on the citation for appearance.
If, in a timely submission to the court, the recipient of a violation citation fails to
specify a plea, the court may, in its discretion, enter a plea on the recipient’s behalf.
The court may enter a no contest plea if the essential facts constituting the
violation(s) are admitted or the court can otherwise reasonably infer the recipient’s
intent not to contest the charge(s). In all other circumstances, the court will enter a
not guilty plea on the recipient’s behalf and set the case for trial.
In-person pleas may also be entered with the Clerk of the Court, either at the
Multnomah County Central Courthouse or the East County Courthouse, on or before
the date indicated on the citation for appearance. Recipients may enter their plea with
Clerk of the Court or before a judicial officer after appearing before the Clerk and
requesting to enter a plea before a judicial officer.
(2) If the recipient pleads not guilty or a not guilty plea is entered on the recipient’s behalf
as provided in sub-section (1)(b), the case will be set for a court trial.
The court will provide notice of the trial date to the law enforcement agency
employing the citing officer and to the recipient. Recipient’s trial notice will be sent
to the mailing address or email address provided to the court at the time the recipient
enters an in-person not guilty plea or at the recipient’s last known address if the plea
is entered otherwise. It is the recipient’s burden to provide the court with complete
and accurate contact information (including address, telephone number and email
96
address) and to promptly notify the court of any changes. The trial notice will specify
the date, time and location of the trial.
Except as provided in sub-section (2)(c), the citing officer, the recipient of the
citation and any witnesses for either party shall appear for trial at the time and place
indicated in the court’s trial notice. After trial, the court will enter a judgment of
conviction or acquittal on the charge(s) and impose fines on any conviction.
Except for violation citations issued as a result of electronic enforcement of the

Oregon Vehicle Code, ORS 810.434 through ORS 810.439, the recipient may request
a trial by declaration. If the recipient makes such a request, the court will supply a
form of declaration for the recipient to complete, certified under penalties of perjury.
The information provided in the declaration will substitute for in-person testimony at
trial. Any witness for the recipient may likewise appear by declaration. The
recipient’s submission of a written declaration complying with this sub-section shall
constitute a waiver of the recipient’s right to personally appear at trial and an
agreement to pay any fine assessed after trial within the time provided in SLR
16.075.
The recipient of a violation citation issued as a result of electronic enforcement of the

Oregon Vehicle Code may likewise appear by declaration, but only if the declaration
expressly states that the recipient does not dispute that he or she was the driver of the
vehicle identified in the citation.
Up to 5:00 p.m. the business day prior to commencement of trial, the recipient may
change the plea from not guilty to no contest.
(3) If the recipient pleads no contest to a violation charge or charges, or a no contest plea is
entered on the recipient’s behalf as provided in sub-section (1)(b), the court will enter a
judgment of conviction on all such charges and a fine will be imposed as provided in
this section.
A written plea may be submitted with a statement or explanation, provided that the
recipient includes payment of the full presumptive fine(s) with the plea or indicates
that the recipient is indigent and cannot pay the full presumptive fine(s). After
consideration of the statement or explanation and any other pertinent information,
such as the recipient’s driving history, the court shall impose a fine in a sum not less
than the minimum prescribed by Oregon law.
A qualifying in-person or electronic plea may be entered and a fine assessed in

accordance with the Violations Bureau schedule as provided in SLR 16.025.
Otherwise, the recipient entering a plea in-person may either pay the presumptive fine
indicated on the citation or appear before a judicial officer for assessment of a fine. If
the recipient does not qualify for a Violations Bureau fine or elects to appear before a
judicial officer, a fine will be assessed in the same manner as a written plea
accompanied by an explanation or statement.

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Either the Clerk of the Court or a judicial officer may enter a judgment of dismissal
of a charge, without the entry of a plea, consistent with Oregon law or in accordance
with a documented offer made by the citing officer, the terms of which are
established by the recipient to have been fulfilled.
16.025 VIOLATIONS BUREAU; CREATION AND ELIGIBLE VIOLATIONS
(1) Pursuant to ORS 153.800, the Fourth Judicial District establishes a Violations Bureau.
The Violations Bureau fine schedule, as it may be amended from time to time, is
incorporated by reference into these rules.
(2) Out-of-state residents may be assessed a Violation Bureau fine and receive a reduced
fine amount if they, in accordance with the Presiding Judge’s Order 18-1-00000,
submit/sign a declaration as to their prior conviction history. In any case, the clerk has
the discretion to refer the matter to a judge for review.
16.035 REPRESENTATION BY COUNSEL
(1) A person charged with a violation within the scope of this Chapter may be represented
by counsel at any stage of the proceeding. As a condition to appearance in the matter,
counsel must file a Notice of Representation with the court.
(2) If counsel’s initial appearance is for purposes of entering a plea, the Notice shall be filed
contemporaneously with entry of the plea. Otherwise, the Notice must be filed prior to
counsel’s initial appearance or, in the discretion of the court, on the same day as the
initial appearance.
(3) Notices filed under this Section must be electronically submitted in accordance with
UTCR 21.140. Other forms of filing are not permitted.
16.045 PRETRIAL MOTIONS
(1) Discovery Motions. Any motion or other form of request seeking documents or other
information from the law enforcement agency employing the issuer of a violation
citation within the scope of this chapter must be submitted directly to the law
enforcement agency.
(2) Dispositive Motions. Any dispositive motion, such as a motion to dismiss a violation
citation, shall be filed with the court (if by counsel, exclusively by electronic
submission in accordance with UTCR 21.140), with copies served on the law
enforcement agency employing the issuer of the citation and any counsel for the
agency.
(3) Pretrial discovery disputes and dispositive motions will be heard and decided on the date
set for trial unless the court determines that exceptional circumstances exist.

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16.055 POSTPONEMENTS OF TRIAL
(1) Either a citing officer or recipient of a violation citation may obtain one
postponement of a trial setting by submitting a timely written or electronic request to
the court or timely appearing in person before the Clerk of the Court. Requests will
be considered timely if received by the court at least 14 days prior to the trial date.
(2) Untimely and second or subsequent trial postponement requests may be submitted so
long as the request and basis for the request are reasonably clear from the text and
context of the submission. Subject to further consideration based on the standards
specified in section 3, requests submitted within two days of trial (excluding
Saturdays, Sundays and holidays recognized by the State of Oregon) will be
presumptively denied. In all events, it is the requesting party’s burden to determine,
prior to an existing trial date, whether a postponement request has been granted or
denied and to appear for the existing trial date unless the request has been granted.
(3) Untimely and second or subsequent trial postponement requests will be denied
except for good cause shown, as determined by a judicial officer.
(4) Trial postponement requests made in open court on the day of trial may be
considered in the discretion of the presiding judicial officer, for good cause shown.
The presiding judicial officer may postpone a trial on the judicial officer’s own
initiative in the judicial officer’s discretion.
(5) When the court grants a trial postponement, the court will send the parties a new trial
notice as provided in SLR 16.015(2)(a).
16.065 RELIEF FROM DEFAULT JUDGMENT
(1) General Rule. In accordance with ORS 153.105, the recipient of a violation citation
against whom a default judgment has been entered may file a motion to set aside the
judgment within a reasonable time after entry of the judgment, not to exceed one year. A
timely motion, including the recipient’s declaration, will be granted if it demonstrates
the entry of default was due to mistake, inadvertence, surprise or excusable neglect.
(2) Special Rule—Violation Citations Issued Through Electronic Enforcement of the

Oregon Vehicle Code
In accordance with the court’s inherent power to modify a judgment within a

reasonable time, and subject to the further requirements of this section, a motion
seeking relief from a default judgment entered on a violation citation issued as a
result of electronic enforcement of the Oregon Vehicle Code, ORS 810.434 through
ORS 810.439, will be granted if the recipient establishes that the recipient lacked
notice of the citation prior to entry of judgment and filed the motion under this
section promptly after receiving actual knowledge of the citation.

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For purposes of this section, “lacked notice of the citation” means the recipient did
not know of the citation and could not have known of the citation through the
exercise of ordinary diligence.
(i) If the recipient’s motion is submitted to the court within one year from
entry of the default judgment, the standard specified in this subsection
may be met with any credible evidence.
(ii) If the recipient’s motion is submitted to the court after one year, but
within three years, from entry of the default judgment, the standard
specified in this subsection may be met with proof of change of
residence (up to six months prior to issuance of the citation and up to 60
days after issuance); proof of misappropriation, misdirection or
nondelivery of mail; or submission of other clear and convincing
evidence.
(iii) If the recipient’s motion is submitted to the court after three years from
entry of the default judgment, the standard specified in this subsection
may only be met with a showing of extraordinary and compelling
circumstances, including but not limited to continuous incarceration,
continuous absence from the jurisdiction or debilitating medical
condition.
(3) Procedure
A motion submitted under this Rule must be in writing. The court will provide a form
which may be completed by the moving party, though any form of submission
indicating its purpose and the court case or citation number will be accepted for
filing.
The motion must be accompanied by full payment of any fines and accumulated fees
owing on the judgment. This requirement may be waived if the motion is
accompanied by evidence of indigence or the recipient presents the motion in-person
to a judicial officer and the judicial officer exercises his or her discretion to waive
payment.
A judicial officer will decide each motion submitted in accordance with this Rule and
issue an Order reflecting the judicial officer’s decision. If the motion is granted, the
judicial officer may, in accordance with the Oregon Vehicle Code and the exercise of
the judicial officer’s discretion, (i) dismiss the case; (ii) enter a not guilty plea and set
the case for a trial or identification hearing; or (iii) accept a no contest plea, enter a
new judgment of conviction and impose a fine.
16.075 PAYMENT OF FINES
(4) Any Violation Bureau fine assessed in accordance with ORS 153.800 and SLR 16.015
shall be paid in full within 30 days from entry of judgment.

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(5) In the event a person appears before a judicial officer, at a first appearance or at trial,
and a conditional fine is assessed (requiring proof of completion of a traffic safety class,
vehicle repair, compliance with law or some other act), the fine shall be paid no later
than 30 days after entry of judgment.
(6) All other fines shall be paid no later than 30 days after entry of judgment.
(7) The court, in its discretion and on such terms as the court may prescribe, may defer the
due date for payment of any fine assessed under this Chapter.

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CHAPTER 17
PARKING VIOLATIONS
17.005 SCOPE
(1) This Chapter prescribes procedures related to parking citations issued for violation
of (a) Title 16 of the Portland City Code, (b) Chapter 15 of the Multnomah County
Code, (c) Chapter 4 of the Portland International Airport Rules, (d) Chapter 811 of
the Oregon Revised Statutes, (e) Chapter 8 of the Gresham City Code, (f) Chapter
2.14 of the Metro Code; (g) Chapter 30 of the TriMet Code, and (h) such other
citations as the court may specify by Order.
17.015 OPTIONS AFTER RECEIVING A PARKING CITATION
The registered owner of a vehicle cited for a parking violation within the scope of this Chapter
shall exercise one of the following options within 60 days from the date notice of the citation is
mailed:
(1) Submit payment in the amount of the bail indicated on the citation including citation
number and vehicle license plate number with the payment. Payment made under
this subsection will close the matter.
(2) A written no contest plea may be submitted with a statement or explanation, using
the Response to Parking Notice form mailed to the registered owner, or the Response
to Parking Citation form available on the court’s website. After consideration of the
statement or explanation and any other documentation, the court shall enter a finding
and impose a fine if applicable. Submission of a written no contest plea is a waiver
of the right to a court hearing and consent to any judgment rendered.
(3) Using the Response to Parking Notice form mailed to the registered owner, or the
Response to Parking Citation form available on the court’s website, submit a plea of
not guilty and request a trial.
17.025 DISMISSAL OF A PARKING CITATION BEFORE TRIAL
(1) The Presiding Judge, Chief Criminal Law Judge, or their designee may dismiss
parking citations without the appearance of the defendant in the following instances:
The parking citation was issued prior to release of title interest and transfer of
possession of the vehicle to the new owner, but the new owner is named as the
defendant on the notice of citation, the new owner will be dismissed from the
parking offense without a hearing. However, the new owner’s failure to submit
an application for title to the Department of Transportation within 30 days of the
transferor’s release of interest shall not be grounds for summary dismissal of the
citation and an appearance shall be required;

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The parking citation was issued subsequent to the release of title interest and
transfer of possession to the new owner but the named defendant on the notice of
citation is the prior registered owner. A prior owner who provides documentation
described in SLR 17.025(3), below, will be dismissed from the parking offense;
There was no vehicle license number or other registration number written on the
citation;
The vehicle license number written on the citation does not correspond to the
vehicle registration information filed with the Motor Vehicles Division;
The mechanical parking space meter at which an overtime parking citation was
issued was defective, according to the City of Portland's Office of Transportation;
No violation is indicated on the parking citation;
The parking citation was issued to a vehicle that was reported to the police as
stolen within 24 hours of the date and time listed on the citation or was issued on
a date when the status of the vehicle remained listed as stolen, and a stolen report
was on file with the Police Bureau;
A parking citation was issued to a vehicle on government business of such

urgency that the driver was prevented from complying with parking regulations.
The driver must sign an affidavit describing the urgent circumstances, and the
department owning the vehicle must verify that the vehicle was on urgent
government business;
The court received a special written report from the issuing officer or Parking
Patrol deputy explaining that there was no basis for the parking citation and
requesting that it be dismissed; or
The exemption or privilege in ORS 811.635 for the holder of a disabled person
parking permit is applicable to the type of parking offense cited and the registered
owner or other recipient of the ticket provides proof to the Clerk of the Court of a
valid disabled person parking permit at the time of the violation. This includes:
(i) Overtime tickets (both metered and timed zones), unless the zone allows
parking for only 30 minutes or less or is subject to the restrictions under
Portland City Ordinance 16.20.640 (Metered Districts); or
(ii) Parking in a disabled zone pursuant to ORS 811.615(1)(a); or
(iii) Disabled zone parking offenses cited under Portland City Code
16.20.250 if a disabled person was being transported; or
A parking citation was issued for unlawful use or misuse of a disabled person
parking permit for parking in a manner that would otherwise be a privilege for a
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permit holder and the registered owner or other recipient of the ticket provides
proof to the Clerk of the Court of renewal of an expired disabled person parking
permit.
(2) The Presiding Judge, Chief Criminal Law Judge, or their designee may dismiss the
parking citations listed in SLR 17.025(1) by signing a list containing the license
numbers of the vehicles and the reasons for the dismissals.
(3) When a parking citation is subject to dismissal under SLR 17.025(1)(a) or (b),
above, the person receiving the notice of the citation must submit the parking
citation(s) and relevant documents relating to the transfer of the vehicle, including
title, bill of sale or contract and vehicle registration if available, to the Clerk of the
Court. Proof that the prior owner notified the Department of Transportation of the
transfer of the vehicle as required by Oregon law, together with proof of delivery of
possession of the vehicle and assignment of title to a transferee, shall exempt the
prior owner from liability for the parking of the vehicle by another person, provided
the date of issuance of the parking citation is after the date of transfer of the vehicle
reported by the prior owner.
(4) In all cases, the Presiding Judge, Chief Criminal Law Judge, or their designee may
order a hearing to prevent abuse of the summary dismissal proceedings.
17.045 DISMISSAL OF CERTAIN PARKING CITATIONS; RE-ISSUE
At the request of the recipient, the issuing agency or on the court’s own initiative, parking
citations may be dismissed by the court only as prescribed by this Rule, subject to the issuing
agency’s or the court’s authority to re-issue the citation to another party.
(1) Requests for dismissal must be presented by the recipient or interested third-party
within a reasonable time, but in no event more than one year, from issuance of the
parking citation.
(2) Requests for dismissal may be made in writing by mail (or equivalent form of
delivery), electronic means, or in-person.
(3) A recipient or interested third-party need not pay the bail or post security pending
resolution of a request for dismissal. If the request is denied, the recipient must then
proceed in accordance with SLR 17.015. On open, pending cases, the date the
request is denied will be deemed to be the issuance date of the challenged parking
citation for purposes of applying SLR 17.015.
17.071 PRETRIAL AND TRIAL PROCEEDINGS
(1) Appearances. The recipient of a parking citation may be represented by counsel. At

the discretion of the judicial officer, another individual willing to accept financial
responsibility for the case may be allowed to appear to address the case.

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(2) Notices. Once the trial has been scheduled in accordance with SLR 17.015(3), the
court will issue a trial notice to the Defendant and to the law enforcement agency
that issued the parking citation. Any notice to the Defendant will be sent to the
address as provided by the Department of Motor Vehicles, to an updated mailing
address provided to the court either by the Defendant or the US Postal Service, or via
electronic mail if the registered owner has opted-in to receive email communication
from the court.
(3) Trial Postponements. The issuing officer and the recipient of the citation are each
permitted one postponement of the scheduled trial date. A permissible postponement
must be requested in writing, or presented in-person, to the court more than 14 days
prior to the scheduled trial date. Second (and subsequent) or untimely postponement
requests will be summarily denied absent extraordinary circumstances found by the
court in its sound discretion.
(4) Trial Cancellations. In the event (a) of a dismissal granted in accordance with SLR
17.025, or (b) the recipient elects to change a previously entered “not guilty” plea
and proceed instead in accordance with SLR 17.015(1) of (2), a previously
scheduled trial will be cancelled by the court.
(5) Trials. At trial, the judicial officer will consider the testimony of the parties, any
photographic or documentary evidence submitted by the parties and such other
material as the judicial officer deems relevant to the case. The defendant and any
witnesses may appear by declaration with the written submission substituting for in-
person testimony. The submission of a declaration constitutes a waiver of the right to
appear in person and an agreement to pay any bail assessed in accordance with SLR
17.905. After consideration of all the evidence, the judicial officer will either (a)
make a finding of not guilty, enter a judgment of acquittal and dismiss the case, or
(b) make a finding of guilty, enter a judgment of conviction and assess a bail in
accordance with SLR 17.905.
17.105 DEFAULT JUDGMENTS; MOTIONS TO SET ASIDE DEFAULT
(1) Entry of Default Judgment. If, within 60 days from the notice of a parking citation
(or other counting date prescribed by this Chapter), the vehicle’s registered owner or
other interested party fails to exercise any of the options prescribed in SLR 17.015,
or if a party who has requested a trial fails to appear at the scheduled date and time,
the court may immediately enter a judgment of conviction by default against the
recipient in an amount determined in accordance with SLR 17.905. Thereafter, the
court may assess additional late fees, administrative fees and collection fees, as
permitted by law, until the balance due is paid in full.
(2) Motion to Set Aside Default Judgment.
A person against whom a default judgment has been entered may file a motion
with the court requesting that the judgment be set aside. Any written
correspondence submitted to the court requesting that an existing default
105
judgment be voided or revised will be treated as a motion to set aside the default
conviction.
Any motion to set aside a default judgment must be filed within a reasonable time
after entry of judgment. The motion must be in writing and be accompanied by
payment of the full amount due, including all accrued fees. Payment may be
waived, in whole or in part, on a showing satisfactory to a judicial officer that the
person is indigent. A motion to set aside a default judgment filed more than one
year after entry of judgment shall not be granted unless a judicial officer
determines that good cause for the delay has been shown.
Any motion to set aside a default judgment and accompanying declaration or

affidavit must provide facts establishing mistake, inadvertence, surprise or
excusable neglect as those terms are used in ORCP 71.
The judicial officer’s ruling on a motion to set aside a default judgment may
include (i) reducing the original bail (with or without setting aside the underlying
judgment), (ii) setting the matter for trial in accordance with this Chapter, (iii)
accepting a plea of guilty or no contest and assessing a new bail in accordance
with SLR 17.905, or (iv) dismissing the case in accordance with SLR 17.025.
17.905 ASSESSMENT OF BAIL
On a finding of guilty for a parking violation, after consideration of a mail plea, after trial or by
default, a judicial officer may assess a bail in any amount permitted by the legal authority under
which the parking citation was issued. Alternatively, the judicial officer may impose no bail and
enter a sentence of discharge, except as prohibited by statute. In the event the judicial officer
imposes bail in excess of the amount indicated on the parking citation, the court shall schedule a
hearing upon request of recipient, to permit the recipient to show cause, if any, why the excess
bail should not be imposed.
17.915 PAYMENT OF BAIL
(1) If payment of any bail was deferred or waived prior to entry of judgment or if the
amount of bail deposited is less than the fine assessed in the judgment, the bail fine
or remaining amount of the fine shall be due 30 days after entry of judgment.
Thereafter, the court may assess additional late fees, administrative fees and
collection fees, as permitted by law, until the balance due is paid in full.
(2) If the amount of bail deposited is greater than the fine assessed in the judgment, the
excess will be refunded to the party who paid the bail.
17.955 TOWING AND IMPOUNDMENT
(1) Standard for Issuance of Tow Order. The court may issue an order permitting a
vehicle to be towed and impounded if (a) the vehicle has been issued at least six

106
parking citations that remain unpaid, or (b) at least $500 in accrued bail and fees are
owed on judgments attributable to parking citations issued to the vehicle.
(2) Tow Orders In Rem. An Order issued in accordance with this rule is in rem, or
directed toward the vehicle that was cited for parking violations when the assessed
bail on those citations remains unpaid. Subject to the provisions of subsection (3) of
this rule, a vehicle may be towed and impounded without regard to transfer(s) of title
to the vehicle.
(3) Outstanding Citations and Requests for Release.
Any contrary provisions of this Chapter notwithstanding, once a vehicle has been
towed and impounded in accordance with this rule, any parking citations that have
been issued to the vehicle but remain unadjudicated must be addressed according
to SLR 17.015 prior to release of the vehicle.
If an in-person hearing is requested to release a vehicle towed and impounded in

accordance with this rule, the hearing shall be held within two business days of
the request. Subject to the further provisions of this rule and any other conditions
imposed by the judicial officer considering the release request, all outstanding
fees and bail owing on closed, adjudicated, or parking citations in which the
incident date is older than 6 months must be paid in full as a condition of release.
The judicial officer considering the release request may waive payment, except
with respect to such amounts owing on account of previously adjudicated
citations which have been transferred to the Oregon Department of Revenue or
other third party for collection. Any payment waiver granted under this subsection
is limited to release of the vehicle and does nothing to limit the underlying
financial obligation of any person liable for payment of these financial
obligations.
A person requesting release of a vehicle towed and impounded in accordance with

this rule need not make the payment required by subsection (3)(b) of this rule as a
condition of the vehicle’s release if the person establishes with substantial
evidence that (i) the person is either a bona fide purchaser for value of the vehicle
or a bona fide holder of a perfected security interest in the vehicle and (ii) if the
person is a bona fide purchaser for value of the vehicle, all citations that resulted
in the tow and impoundment (other than a citation issued contemporaneous with
the tow itself) were issued prior to the date of purchase.
In order to satisfy the requirements of subsection (3)(c) of this rule, the person
requesting release of a vehicle as a bona fide purchase for value must provide
documentation satisfactory to the judicial officer including, without limitation, (i)
bill of sale or equivalent documentation signed by the seller and the purchaser, (ii)
proof of registration and title in the name of the purchaser, (iii) proof of fair
market value at the time of purchase, and (iv) proof of payment of fair market
value to the seller. In order to satisfy the requirements of subsection (3)(c) of this
rule, the person requesting release of a vehicle as a perfected security interest
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holder must provide documentation satisfactory to the judicial officer including,
without limitation, (i) an executed retail installment contract, as that term is
defined in ORS 83.010(8), or an executed security agreement, as that term is
defined in ORS 79.0102(uuu); (ii) a copy of the certificate of title with the retail
installment contract holder or secured party listed thereon as the lienholder; and
(iii) proof that the retail installment contract holder or secured party gave
consideration in exchange for their security interest. In the event the transfer is
between family members, spouses, cohabitants, business associates or others who,
in the opinion of the judicial officer, share an interest in avoiding the towing and
impoundment of the vehicle or payment of the underlying financial obligations,
there shall be a rebuttable presumption that the transfer is not a bona fide purchase
for value, or a bona fide security interest, which may only be overcome by clear
and convincing evidence. Nothing in this subsection or in subsection (3)(c) of
this rule should be construed to limit or otherwise address any financial
obligations owed to third parties arising from the towing and impoundment of the
vehicle or the rights of the bona fide purchaser against the seller or others. Any
order releasing a vehicle to a secured party under this section shall provide that
the secured party is prohibited from releasing the vehicle to the registered owner
unless the registered owner demonstrates that the payment required by section
3(b) of this rule has been made, or upon further order of a judicial officer.
The party requesting release of a vehicle through an in-person hearing with a

judicial officer must provide the following:
(i) a valid driver’s license (with intact driving privileges);
(ii) current automobile liability insurance in the driver’s name or in the

name of the vehicle’s registered owner;
(iii) current vehicle registration or DMV temporary trip travel permit;
(iv) if the person seeking release is other than the registered owner, a
notarized authorization from the registered owner authorizing release to
that person or another identified individual. If the authorization is to
another individual, that person must provide their valid driver’s license
(with intact driving privileges).
(4) Limited Release for Personal Property. In lieu of or preliminary to release of the
vehicle under section (3) of this rule, a judicial officer may order release of personal
property contained in the vehicle on such terms and under such conditions as the
judicial officer may impose.

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CHAPTER 18
FORCIBLE ENTRY AND DETAINER (FED)
18.015 STAY OF DEFAULT, FED EX PARTE TIME
A party seeking to set aside a default judgment in an FED proceeding must obtain a judicial
order to stay the judgment pending disposition on the motion to set aside the default. Motions
for stay must be presented at FED ex parte proceedings.

REMEDIAL SANCTIONS
18.025 AUTHORIZED AGENTS
An agent shall be designated by any organization filing an FED. The designated agent may be
ordered to appear before the court and answer questions regarding the assets and debts of the
organization.
18.045 PAYMENT OF ADDITIONAL FILING FEES FOR TRIAL DEMAND
(1) If a defendant makes a demand for a trial under ORS 105.137 at the time of the first
appearance, the filing fees required to be paid under ORS 105.130 (3) and (6) shall
be paid no later than 5:00 pm of the same judicial day unless otherwise ordered by
the court.
(2) Failure of the plaintiff to pay the fee required may result in dismissal of the action.
(3) Failure of the defendant to pay the fee required may result in a judgment by default
against the defendant.
18.055 SEE SLR 7.045 FOR MOTION FOR CHANGE OF JUDGE
18.065 SEE SLR 7.055 FOR CALL/ASSIGNMENT
18.075 SEE SLR 7.055(7) FOR ABATED AND STAYED CASES
18.085 SEE SLR 7.055(8) FOR DUTY OF ATTORNEY AT CALL/ASSIGNMENT
18.095 SEE SLR 15.095 FOR REQUESTS TO POSTPONE HEARINGS

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CHAPTER 19
CONTEMPT PROCEEDINGS
19.021 ALL DOCUMENTS FILED ON CONTEMPT MATTERS INVOLVING

REMEDIAL SANCTIONS
All documents filed on contempt matters involving remedial sanctions shall be filed at Presiding
Ex Parte separate from documents addressing other matters in the underlying case. This rule
applies to motions, affidavits, proposed orders, judgments, and any other document regarding the
contempt matter.

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CHAPTER 20

111
CHAPTER 21

112
CHAPTER 22

113
CHAPTER 23

114
CHAPTER 24
POST-CONVICTION RELIEF
24.011 POST-CONVICTION RELIEF – DOCUMENT FILING IN THE CIVIL

SECTION OF THE COURT
All documents required by law to be filed with the Clerk of the Court in Post-Conviction Relief
cases must be filed in the Civil Section of the Office of the Trial Court Administrator.
24.041 POST-CONVICTION RELIEF --- EXHIBITS
(1) Only the portions of the trial transcript, medical records, or other voluminous
documents that are directly relevant to plaintiff’s claim shall be attached to the
petition or amended petition as an exhibit or offered at trial.
(2) All parties are encouraged to put lengthy transcripts, depositions, or other exhibits on
CD or DVD in Word or PDF for submission to the court.
24.071 POST-CONVICTION RELIEF --- HEARINGS ON MOTIONS AND

DEMURRERS
(1) Unless the court orders otherwise, all oral arguments on motions and demurrers will
be conducted by telephone or video.
(2) If the court grants oral arguments for a motion or demurrer and the petitioner is in
custody, the petitioner, if represented by counsel, will not be brought before the
court in person, by video or by telephone, unless counsel for the petitioner notifies
the court not less than 10 days before the hearing that the issues to be heard involve
more than solely issues of law.
24.091 POST-CONVICTION RELIEF CASES SPECIALLY ASSIGNED TO

CHIEF CRIMINAL JUDGE OR DESIGNEE FOR ALL PRETRIAL
MOTIONS AND DEMURRERS; COURTESY COPY DELIVERY
REQUIRED
(1) All post-conviction relief cases are specially assigned to the Chief Criminal Judge or
designee for purpose of all pretrial case management procedure and process. The
Post-Conviction Relief Judge will conduct scheduled monthly status conferences for
post-conviction relief cases pending trial and, unless otherwise ordered by the court,
will hear all pretrial matters, including any motions for delay of an assigned trial
date.
(2) Courtesy copies of all pretrial demurrers, motions, responses and reply documents,
with relevant exhibits, must be delivered to the office of the Chief Criminal Judge or
assigned judge at the time of the filing of the document with the court.

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24.101 POST-CONVICTION RELIEF --- TRIAL
(1) Unless otherwise ordered by the court, trials will be conducted by an assigned Senior
Judge or Judge Pro Tempore.
(2) Unless otherwise ordered by the court, all post-conviction relief trials in which
petitioner is in the custody of the Oregon Department of Corrections shall be held by
video conferencing or, if video conferencing is not available, by telephonic
conferencing. The petitioner shall remain in and appear from the correctional facility
in which the petitioner is being held.
(3) Counsel may appear by video conference, by telephone conference, or in person

before the trial judge. Counsel for the petitioner may appear apart from the
petitioner only if the facility where counsel is located enables the petitioner to
consult privately with the petitioner’s counsel during the proceeding.
(4) Public access and viewing of proceedings shall be provided at the East County
Courthouse, and the proceedings shall be deemed to take place at that location.
Unless otherwise ordered by the court, all witnesses, except original counsel and law
enforcement officers, shall appear at that location.
(5) Trials are scheduled for 30 minutes and without expectation of live witness
testimony other than the petitioner. If the trial of the matter will take longer than the
standard 30 minute setting or any other time allotted in the trial notice, or if
witnesses other than the petitioner will be called, a party seeking additional time
must file a motion requesting the additional trial time. The motion must be
accompanied by an affidavit setting out the need for the expansion of the original
allotted time. The motion to request an expansion of the allotted hearing time must
be filed within 15 days from the date of the trial notice.
(6) If a party requires the services of a court interpreter, the party must make the request
as provided by UTCR 7.070 and SLR 7.071.
24.111 POST-CONVICTION RELIEF --- FILING OF DOCUMENTS WHEN

PETITIONER IS REPRESENTED BY COUNSEL
(1) Counsel’s written notification to the court that the case will proceed on the original
petition constitutes counsel’s ORCP 17 C certifications of the original petition filed
by the then self-represented petitioner.
(2) All matters delivered to the court for filing shall be submitted only by counsel and,
except for the petition or amended petition and any exhibits, signed exclusively by
counsel. The only exception to this requirement is for a Church v. Gladden, 224 Or
308, 417 P 2d 933 (1966), notice filed by the petitioner.

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FORMS APPENDIX
The following forms are referred to in the Supplementary Local Rules. They can be
photocopied or reproduced in your own word processing system. Please follow as closely
as possible the format of the form. Where indicated, please be sure to provide the required
number of copies for processing.
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MULTNOMAH
Plaintiff(s) Case No.
vs. CERTIFICATE OF ALTERNATIVE

DISPUTE RESOLUTION
Defendant(s)
PURSUANT TO Multnomah County SLR 7.016:
The parties signed below certify that they have complied with the rule by participation in
arbitration, mediation, a judicial settlement conference, or some other form of appropriate
dispute resolution. The parties participated in the following forms of dispute resolution (check
any that apply):
Judicial Settlement Conference
Arbitration
Mediation
Other
Signatures and Date of Signing
Party Date Party’s Attorney Date
05-31 (08/20) CERTIFICATE OF ALTERNATIVE DISPUTE RESOLUTION (See SLR 7.016)

Case No.
_____________________
Plaintiff(s)
EX PARTE MOTION FOR
vs. SEVERANCE OF PARTY AND
ABATEMENT
Defendant(s)
A party in the above case cannot proceed for the following reason:
Bankruptcy; a copy of the petition or notice of bankruptcy is attached
Other:
____________ moves to sever _________________________________ from the case

(Plaintiff/Defendant)
and abate the case as to said party for _______ (days/years) (not to exceed two years), and
continue the case as to the remaining parties.
I certify to the court that I have complied with SLR 5.025(3) regarding one judicial day’s notice
of an ex parte appearance to opposing parties, that I will appear at Call as required by SLR
7.055(8)(A), and will comply with UTCR 7.040 and give the court immediate notice of
resolution of this matter.
Date Signature
Name Typed or Printed and OSB Number
05-38A (08/20) EX PARTE MOTION FOR SEVERANCE OF PARTY AND ABATEMENT

Case No. _______________________

Plaintiff(s)
ORDER RE: MOTION FOR SEVERANCE
vs. OF PARTY AND ABATEMENT
Defendant(s)
IT IS HEREBY ORDERED that is hereby

severed from this lawsuit and the case is abated as to said party for a period of
days/years (up to two years) from this order.
IT IS FURTHER ORDERED that this action shall be dismissed without prejudice as to such
party at the expiration of this order and following notice of intent to dismiss pursuant to ORCP
54B(3), unless the abated party is returned to the status of an active party by an order of
reinstatement, or otherwise resolved by a final judgment as to such party; and
IT IS FURTHER ORDERED that the case shall proceed as to the remaining and active
parties.
Dated Circuit Court Judge
Name of Judge Typed or Printed
05-38B (08/20) ORDER RE: MOTION FOR SEVERANCE OF PARTY AND ABATEMENT
Plaintiff(s) Case No
vs. EX PARTE MOTION FOR

REINSTATEMENT
Defendant(s)
Plaintiff moves to reinstate this case, which was has been inactive since
as to defendant(s) (indicate) or ❑ All, for the following
reason:
❑ Abated for Bankruptcy
❑ Abated for Independent Arbitration
❑ Inactive due to Appeal
❑ Other:
Plaintiff requests days
I certify to the court that I have complied with SLR 5.025(3) regarding one judicial day’s notice of an
ex parte appearance to opposing parties, that I will appear at Call as required by SLR 7.055(8)(A),
and will comply with UTCR 7.040 and give the court immediate notice of resolution of this
matter.
Date Signature of Attorney
Name Typed or Printed and OSB Number
05-33A (08/20) EX PARTE MOTION FOR REINSTATEMENT

Case No.__________________________
Plaintiff(s)
ORDER RE: MOTION FOR
vs. REINSTATEMENT
Defendant(s)
IT IS HEREBY ORDERED THAT the case is reinstated, and:
Continued under UTCR 7.020, subject to the condition that the plaintiff obtain service
on the defendant(s), secure the necessary appearances to place the case at issue, take
default judgment(s), or move for further continuance no later than
(specify date)
The trial is set for
A Trial Readiness Conference will be assigned in the regular course
The final judgment or decree submitted with this motion and order shall be entered
forthwith
Other:
Denied
Dated Circuit Court Judge
Name of Judge Typed or Printed
05-33B (08/20) ORDER RE: MOTION FOR REINSTATEMENT

CIRCUIT COURT OF OREGON
Fourth Judicial District
MULTNOMAH COUNTY PROBATE COURT
GUARDIANSHIP REPORT
Minor’s Name: Case Number:

Minor’s Date of Date of Guardian’s
Birth: Appointment:
1. The address of the minor is:___________________________________________
2. The telephone number for the minor’s residence is:_________________________
3. The address of the Guardian

is:_________________________________________
4. The telephone number for the Guardian is:_______________________________
5. How is this household financially supported:______________________________

__________________________________________________________________
6. Is the minor still residing with you? _____yes _____no

If not, tell us with whom the child is living, the relationship of that person
to the child, and why the child is no longer living with you: ____________
____________________________________________________________
____________________________________________________________
____________________________________________________________
7. How long has the minor lived with someone else? _________________________
8. Please tell us about the child’s school attendance and grades:_________________

__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
9. Please list any hobbies or recreational interests enjoyed by this child during the
past year:
_____________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
10. During the past year I have received $_____________ from _________________
________________________to help support this child. I spent $___________ of that income on
behalf of this child and I now have $___________ remaining
11. I have (___) / have not (___) been convicted of a crime since my last report.
12. I have (___) / have not (___) filed to receive bankruptcy since my last report.
13. I have (___) / have not (___) had my driver’s license suspended or revoked since
my last report because of: _____________________________________________
14. Please provide any other information you feel should be provided to the Court
regarding this child’s adjustment to your care (use the back of this report form if
necessary):_________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
“I hereby declare that the above statement is true to the best of my

knowledge and belief, and that I understand it is made for use as evidence
in court and is subject to penalty for perjury.”
Guardian’s Signature: _______________________________ Today’s Date: ____________

Printed Name: _______________________________
If applicable:
Co-Guardian’s Signature: _______________________________ Today’s Date: ____________

Printed Name: _______________________________
Annual Guardian’s Report/minors-(08/20)

RETURN TO: MULTNOMAH COUNTY COURTHOUSE
1200 SW 1ST AVE., ROOM 04500
PORTLAND, OR 97204
In the Matter of the Guardianship of:

Case No.
I am the guardian for the protected person named above, and I make the following report
to the Court as required by law:
1. My name is: _____________________________________________________
2. My address and telephone number is:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
3. The name, if applicable, address and telephone number of the place where the
protected person now resides is:
_______________________________________________________________________
_______________________________________________________________________
4. The protected person is currently residing at the following type of facility or
residence: _______________________________________________________________
5. The protected person is currently engaged in the following programs and
activities and receiving the following services: _________________________________
_______________________________________________________________________
6. I was paid for providing the following items of lodging, food, or other services
to the protected person: ____________________________________________________
_______________________________________________________________________
7. The person who is primarily responsible for the care of the respondent at the
protected person's current residence is: ________________________________________
_______________________________________________________________________
whose telephone number is: _________________________________________________
8. The name and address of any hospital or other institution where the protected
person is now temporarily or permanently placed is: _____________________________
_______________________________________________________________________
_______________________________________________________________________
9. The protected person's physical condition is as follows: ___________________
_______________________________________________________________________
10. The protected person's mental condition is as follows: ___________________
_______________________________________________________________________
11. I made the following contacts with the protected person during the past year:
_______________________________________________________________________
12. I made the following major decisions made on behalf of the protected person
during the past year : ______________________________________________________
13. Facts that support the conclusion that the person is incapacitated include the
following: ___________________________________________________________
_______________________________________________________________________
14. I believe this guardianship should/should not (circle one) continue because:
_______________________________________________________________________
_______________________________________________________________________
15. I received the following amount of money on behalf of the protected person:
$_________________. I spent the following amount of money on behalf of the protected
person: $_____________________. I now hold the following amount of money on behalf
of the protected person: $_______________________.
16. A true copy of this report will be given to the protected person and/or his/her
conservator, and any other person who has requested notice.
17. Since my last report:
A. I have been convicted of the following crimes (not including traffic
infractions:
_______________________________________________________________
________________________________________________________________________
B. I have filed for or received protection from creditors under the Federal
Bankruptcy Code: YES/NO (circle one).
C. I have had a professional or occupational license revoked or suspended:
YES/NO (circle one).
D. I have had my driver's license revoked or suspended: YES/NO (circle
one)
18. Since my last report, I have delegated the following powers over the protected
person for the following periods of time (provide name of person and powers delegated
to):_____________________________________________________________________
“I hereby declare that the above statements are true to the best of my
knowledge and belief, and that I understand they are made for use as
evidence in court and is subject to penalty for perjury.”
______________________ ____________________________________________
Date Signature of Guardian
______________________ ____________________________________________
Date Signature of Co-Guardian (if applicable)
NOTICE: ANY PERSON INTERESTED IN THE AFFAIRS OR WELFARE

OF THE PROTECTED PERSON WHO IS THE SUBJECT OF THIS REPORT
WHO HAS CONCERNS ABOUT THIS REPORT OR THE GUARDIAN’S
PERFORMANCE MAY CONTACT THE COURT AS FOLLOWS:
MULTNOMAH COUNTY CIRCUIT COURT

ATTN: PROBATE DEPARTMENT, ROOM 04500
1200 SW FIRST AVENUE
PORTLAND, OR 97204
971-274-0605 (between 8:30-10:30 am & 1:30-4:00 pm)
FOR THE COUNY OF MULTNOMAH
PROBATE MEDIATION/SUPPLEMENTAL LOCAL RULES 9.016 AND 12.045
IN THE MATTER OF THE ) CASE NO. _______________________

_______________________________________ ) NOTICE OF SELECTION OF
MEDIATOR AND SETTING
DATE FOR HEARING
PARTY/ATTORNEY PARTY/ATTORNEY
PHONE NO. PHONE NO.

FAX NO. FAX NO.
E-MAIL ADDRESS: E-MAIL ADDRESS:
THE PARTIES HAVE AGREED THAT THE MEDIATOR WILL BE:

NAME OSB#
PHONE FAX NO
ADDRESS:
THE FACTS IN DISPUTE ARE:

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
CERTIFICATION
I HEREBY CERTIFY THAT THE ABOVE INFORMATION IS ACCURATE AND
THAT I HAVE SENT COPIES OF THIS NOTICE TO ALL PARTIES/ATTORNEYS
OF RECORD AND THE MEDIATOR.
DATED: __________________________________________________
Signature of Party/Attorney (OSB#__________
Certified to be a true copy:
__________________________________
(07/11) Page 1 NOTICE OF SELECTION OF MEDIATOR AND FACTS IN DISPUTE

(See SLR 12.045(4)(a))
FOR THE COUNY OF MULTNOMAH
IN THE MATTER OF THE ) CASE NO.

_______________________________________ _____________________
) MOTION TO WAIVE
MEDIATION
ON BEHALF OF ____________________________________________________, I
MOVE TO WAIVE MEDIATION. GOOD CAUSE EXISTS TO WAIVE THE
MEDIATION REQUIREMENT IN THIS CASE BECAUSE:
CERTIFICATION
I HEREBY CERTIFY THAT THE ABOVE INFORMATION IS ACCURATE AND
THAT I MAILED A TRUE COPY OF THIS MOTION TO ALL
PARTIES/ATTORNEYS OF RECORD AS FOLLOWS:
PARTY/ATTORNEY PARTY/ATTORNEY
DATED: __________________________________________________
Signature of Party/Attorney OSB#__________
Certified to be true copy:
________________________________________
(07/11) Page 1 MOTION TO WAIVE MEDIATION (See SLR 12.045(4)(b))

IN THE CIRCUIT COURT FOR THE STATE OF OREGON
FOR MULTNOMAH COUNTY
Family Law Department
________________________________________ Case No.
Petitioner(s) CERTIFICATE OF REQUIRED DISPUTE

RESOLUTION
(Family Law – SLR 8.046)
vs
________________________________________
Respondent(s)
The parties signing below certify that they have complied with SLR 8.046 by participating in the
following dispute resolution process(es): Check all that apply.
Mediation Arbitration Neutral-Assisted Judicial Other Process

Settlement Settlement (describe)
Conference Conference
Custody
Parenting Time
or Visitation
(excluding
enforcement
issues)
Spousal
Support
Allocation of
Property and/or
Debts
The parties signing also certify that each understands that this Certificate must be filed at least 7 days
prior to the Trial Assignment date or, if the case is retained by a particular Judge, at least 7 days prior
to the date of the court hearing.
Name_______________________________________ Date_______________________________
Name _______________________________________ Date _______________________________
Name _______________________________________ Date _______________________________

CIVIL DEPARTMENT
__________________________ Case No. _____________________

Plaintiff
ORDER TO RESCHEDULE
vs. SUMMARY JUDGMENT HEARING
IN FRONT OF SITTING JUDGE
__________________________
Defendant
It is HEREBY ORDERED that the Request to Change Summary Judgment Hearing

Date in front of sitting judge is,
Granted
Denied
The hearing is rescheduled to:
A date provided by calendaring and agreed to by parties; or
_______________________________________________________
Date Circuit Court Judge
05-78B (06-17) ORDER TO RESCHEDULE SUMMARY JUDGMENT HEARING

____________________________ Case No. _________________________

Plaintiff
MOTION TO RESCHEDULE SUMMARY
vs. JUDGMENT HEARING
____________________________
Defendant
The moving party/ non-moving party (check one), moves the court for leave to
reschedule the summary judgment hearing currently set on ________________________
for the following reason(s):
____________________________________________________________
____________________________________________________________
Opposing party: Consents Objects
I certify that I have served a copy of this motion on all opposing parties. If objected to, at least
one judicial day’s notice of the date and time of Ex Parte appearance was given to all opposing
counsel pursuant to S.L.R. 5.025(3).
Date Signature of Attorney
Print Name and OSB #
Party Attorney Represents
Telephone Number
05-44A (08/20) MOTION TO RESCHEDULE SUMMARY JUDGMENT HEARING

__________________________ Case No. _____________________

Plaintiff/Petitioner
ORDER TO RESCHEDULE
__________________________
Defendant/Respondent
It is HEREBY ORDERED that the Request to Change Summary Judgment Hearing

Date is,
Granted
Denied
The hearing is rescheduled to:
A date provided by calendaring and agreed to by parties; or
______________________________________________________
_
Date Circuit Court Judge
05-44B (08/20) ORDER TO RESCHEDULE SUMMARY JUDGMENT HEARING

___________________________ Case No. ______________________

Plaintiff
MOTION TO RESCHEDULE
IN FRONT OF SITTING JUDGE
___________________________
Defendant
The moving party/ non-moving party (check one), moves the court for leave
to reschedule the summary judgment hearing currently set on
in front of a sitting judge.
Opposing party: Consents Objects
I certify that I have served a copy of this motion on all opposing parties. If objected to, at least
one judicial day’s notice of the date and time of Ex Parte appearance was given to all opposing
counsel pursuant to SLR 5.025(3).
Dated Signature of Attorney
Print Name, Phone Number and OSB #
Party Attorney Represents
05-78A (08/20) MOTION TO RESCHEDULE SUMMARY JUDGMENT HEARING IN FRONT OF SITTING JUDGE

Multnomah SLR 2023

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Supplementary Local Rules

The Circuit Court of the State of Oregon for Multnomah County

The Fourth Judicial District

Dated: December 21, 2022

1.025 APPLICATION TO CIRCUIT COURT AND DEPARTMENTS ................................. 1

1.035 CREDIT CARDS ......................................................................................................... 1

1.111 DEFINITIONS ............................................................................................................. 1

1.151 HOURS FOR THE CONDUCT OF BUSINESS, WHEN DOCUMENTS MAY

1.161 DIVISIONS OF THE OFFICE OF THE TRIAL COURT ADMINISTRATOR

1.171 WEB ADDRESS .......................................................................................................... 3

1.174 BUILDING SECURITY............................................................................................... 3

2.015 RETURN OF A DOCUMENT TO PARTY.................................................................. 5

2.025 FEE DEFERRALS OR WAIVERS IN CIVIL ACTIONS............................................. 6

2.035 DESIGNATION OF KNOWN PARTIES BY FICTITIOUS NAME ............................ 6

2.045 REQUIREMENTS OF PETITION FOR WAY OF NECESSITY ACTION.................. 6

2.055 SECURITY DEPOSIT TO BE PAID ON FILING OF PETITION FOR WAY OF

2.065 APPOINTMENT OF INVESTIGATOR; FILING AND SERVICE OF REPORT ........ 6

2.501 STIPULATED OR EX PARTE MATTERS FOR WHICH THE DOCUMENTS

3.171 LOCAL ATTORNEY AS ATTORNEY OF RECORD .............................................. 10

3.181 PUBLIC ACCESS COVERAGE IN AREAS OUTSIDE OF COURTROOMS .......... 10

Supplementary Local Rules

3.183 COURT PROCEEDINGS BY REMOTE MEANS ..................................................... 11

4.005 CRIMINAL PROCEDURE COURT ESTABLISHED ............................................... 12

4.007 WRITTEN PETITION REQUIRED TO BE FILED BY VICTIM OR

4.012 SCHEDULING MOTIONS IN FELONY AND MISDEMEANOR CRIMINAL

4.015 DISCOVERY ............................................................................................................. 13

4.016 IN CAMERA REVIEW OF RECORDS....................................................................... 13

4.017 WAIVER BACK TO JUVENILE COURT FOR CRIMINAL ACTION WAIVED

4.021 DOCUMENTS FILED ON CONTEMPT MATTERS INVOLVING REMEDIAL

4.024 DEFENSE NOTICE OF SCHEDULING OR RE-SCHEDULING OF A

4.025 CRIMINAL CASE POSTPONEMENTS BY PRESIDING JUDGE; CRIMINAL

4.031 TRANSPORT OF PARTY OR WITNESS FROM OREGON DEPARTMENT

4.035 ISSUANCE OF SEARCH WARRANTS.................................................................... 15

4.045 VIEWING EXHIBITS IN CRIMINAL PROCEEDINGS ........................................... 16

4.055 CIVIL COMPROMISE .............................................................................................. 16

4.065 MOTIONS TO REMIT SECURITY FORFEITURE JUDGMENTS........................... 16

Supplementary Local Rules

4.067 REFUND PROCEDURES.......................................................................................... 17

4.075 DUII DIVERSION ..................................................................................................... 17

4.081 APPEARANCE AT CRIMINAL PROCEEDINGS BY MEANS OF

4.101 HABEAS CORPUS – DOCUMENTS AND FILING ................................................. 20

4.109 ATTORNEY SUBSTITUTIONS AND WITHDRAWALS ........................................ 20

4.165 NOTICE FOR TRIAL COURT ADMINISTRATOR REQUIRED FOR ORDERS

5.014 ASSIGNMENT OF A MOTION JUDGE FOR A CIVIL ACTION ............................ 24

5.015 CIVIL ACTION MOTION SETTING; RESPONSIBILITY OF MOVING

5.016 SUMMARY JUDGMENT MOTIONS ....................................................................... 26

5.017 SERVICE OF MOTION AT OR BEFORE DELIVERY OF COPY TO JUDGE ........ 26

5.021 DOCUMENTS FILED ON CONTEMPT MATTERS INVOLVING REMEDIAL

5.025 CIVIL EX PARTE MATTERS.................................................................................... 26

5.035 ORDERS BY PREVAILING PARTY; PRESENTING JUDGMENTS AND

5.036 IN CAMERA REVIEW OF RECORDS ..................................................................... 27

5.045 NO MOTIONS FOR RECONSIDERATION; EXCEPTIONS .................................... 28

5.071 REMOVING A PARTY FROM A FILED ACTION OR THIRD PARTY

5.105 PRIOR TO SUBMITTING FORM OF JUDGMENT FOR SETTLEMENT OF

Supplementary Local Rules

5.161 JUDGMENT DEBTOR ORDERS .............................................................................. 28

5.165 PROTECTIVE ORDERS AND FILING DOCUMENTS UNDER SEAL IN

5.181 CHALLENGE TO GARNISHMENT NOT TO CONTEST JUDGMENT .................. 30

5.182 CHALLENGE TO GARNISHMENT- PERSONAL FINANCIAL