Rule 8.041 - SHOW CAUSE ORDER FOR TEMPORARY RELIEF(1) An order to show cause will be allowed only upon the motion of a party supported by affidavit setting forth sufficient facts to establish a right to the requested relief and a Uniform Support Declaration as required by UTCR 8.040(3). The order to show cause will not contain a date for hearing. Except as otherwise provided in this paragraph, the order to show cause shall provide that the adverse party must file and serve an affidavit in opposition to the motion within 21 days from the date of service of the order and affidavit, or within such additional time as allowed by the court upon a showing of good cause. The order must further advise the adverse party that if such opposing affidavit is not so filed and served within 21 days the order requested by the motion and show cause order will be granted and entered by the court. In proceedings to set aside, alter or modify a judgment of dissolution filed pursuant to ORS 107.135, the adverse party shall have 30 days to respond.(2) If the adverse party fails to file an opposing affidavit within the time allowed, the moving party shall forthwith submit an order allowing the relief in the order to show cause. The court may require the taking of testimony of the moving party in such default matters. The court may enter the order requested if the adverse party does not file the required affidavit and may do so upon its own motion if the moving party fails to present the required order.(3) When the adverse party files an opposing affidavit, the clerk shall forthwith set a hearing date and provide notice to the parties.(4) A show cause order for temporary relief in domestic relations matters shall require the opposing party to file a written reply and, if support is to be an issue, a Uniform Support Declaration within twenty-one (21) days of the date the order is served on the opposing party. The order must contain the following or a similar notice: NOTICE
READ THESE PAPERS CAREFULLY
YOU ARE TO FILE A WRITTEN REPLY AND, IF SUPPORT IS TO BE AN ISSUE, A UNIFORM SUPPORT DECLARATION WITH THIS COURT WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THESE PAPERS IF YOU DESIRE TO CONTEST THIS REQUEST. IF YOU DO NOT FILE A WRITTEN REPLY, THE REQUEST WILL BE GRANTED.
Amended effective 2/1/2024.