Rule 8.041 - PREJUDGMENT RELIEF(1) No motion shall be filed ex parte (i.e., without notice to the other side) unless specifically authorized by Oregon Statute or court rule, except a motion for show cause, motion for mediation, and motion to enforce parenting time. Any motion filed ex parte 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 filed without notice. A proposed order may be submitted along with a motion filed under this subsection without notice to the other side.(2) 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 one (1) judicial 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.
(3) Pursuant to ORS 107.095(1)(a) and (b), and UTCR 8.040, temporary child and spousal support and suit funding may be determined without testimony, based on the Uniform Support Declarations and supplemental declarations/affidavits filed by the parties using the following procedure: (a) The moving party must file a Uniform Support Declaration concurrently with the motion and declaration/affidavit for an order of temporary support. The motion must include, prominently displayed on the first page, a notice to the responding party stating, in substance, the responding party's obligations under paragraph (b) of this subsection. The notice also must state: "If you do not respond, the court may take action based on this motion. You may be ordered to pay support in the amount requested. Refer to SLR 8.041(3) for further information."(b) The adverse party must file a Uniform Support Declaration within fourteen (14) days of being served with the moving party's motion and documentation but shall not be required to file a Uniform Support Declaration or responsive document less than thirty (30) days after being served with the petition and summons. The adverse party may also submit a supplemental declaration/affidavit responding to specific statements made in the moving party's documentation. The adverse party's supplemental declaration/affidavit, if any, must be filed along with the Uniform Support Declaration.(c) The moving party may respond to the adverse party's responding documentation by supplemental declaration/ affidavit within fourteen (14) days of being served with the adverse party's documentation. In any case involving temporary child support, the documents filed by the parties with the court shall include applicable child support computation worksheets.(d) The court will determine the matter within fourteen (14) days after the last filing by a party. The court may, on its own motion, order that the matter be determined through an evidentiary hearing. (e) The moving party may submit a form of proposed order in blank, for the court's convenience, as part of the party's submittals under this subsection. Submitting a blank form of proposed order does not require compliance with UTCR 5.100, as it is not an "order" as described in that rule. The court may fill in the specific provisions of the order in conjunction with its determination, or alternatively may direct a party to submit an order. (5) Notwithstanding the provisions of subsection (3), a party may request that temporary support be established through an evidentiary hearing. The request must show good cause and state why the procedure of subsection (3) would lead to an unjust or inequitable result. If a request for hearing is filed by the adverse party, the adverse party must still comply with the requirements of SLR 8.041(3).(6) A temporary support order may be modified under the procedure of subsection (3) or (4). The moving party must show good cause and state why the temporary support obligation should be reconsidered by the court instead of awaiting final determination at the trial.(7) Motions for exclusive use and possession of property filed pursuant to ORS 107.095 will be set for a show cause hearing unless the motion is stipulated or unopposed.Josephine Supp. L. R. 8.041
Amended effective 2/1/2024.