Rule 8.045 - Pre-Judgment Temporary Orders(1) Motions for temporary relief requested pursuant to ORS 107.095 shall be accompanied by an order to show cause. Unless otherwise ordered by the court, the order shall not include a date and time for hearing. The order shall notify the opposing party to respond in writing within 21 days of service unless the order to show cause is served with the summons and petition, in which case the opposing party shall respond in writing within 30 days of service. When the matter is ready for decision, the moving party shall notify the court by filing a Notice of Readiness for Decision. Service of the motion and a court certified copy of the order to show cause must be personally served on the opposing party unless the opposing party or their attorney accepts service of those pleadings.(2) Temporary support shall be determined without testimony, based on the declarations of the parties. Each party may file a second declaration, but not more, in response to the opposing party's declaration and one declaration in response to the other party's Uniform Support Declaration. No declarations of non-parties shall be submitted. The additional declarations permitted by this Rule shall be filed with the court no later than 15 days after a party is served with an opposing declaration or Uniform Support Declaration.(3) The petitioner may not file a motion for default on the petition while a temporary relief hearing is pending.(4) Ex parte temporary custody and parenting time orders based on immediate danger, and status quo orders are controlled by ORS 107.097.Lincoln Supp. L. R. 8.045
Amended effective 2/1/2024.