Rule 8.073 - SHOW CAUSE ORDERS - OTHER THAN CONTEMPT OF COURT(1) Motions for Show Cause Orders (other than for contempt of court) must separately state each item of relief requested by the moving party. Such orders may not state the requested relief by reference to a supporting affidavit.(2) Unless otherwise specifically required by statute or ORCP or specifically directed by the court, Show Cause Orders shall not require the personal appearance of the opposing party and shall not set a time certain for response by the opposing party. Instead, when dealing with temporary relief and when served within the State of Oregon, such orders shall require the opposing party to file an Answer (See Appendix 1) in writing to the order within thirty (30) days from the date of personal service of the order upon the opposing party, or, if served by mail, within thirty-three (33) days from the date of the mailing of the order (which mailing date shall be stated in or endorsed upon the order). When the Show Cause Order deals with permanent relief or when it is served outside of the State of Oregon or by publication, the order shall require the opposing party to file an answer in writing within thirty (30) days from the date of service or the date of first publication, whichever the case may be.(3) In the event the opposing party fails to file a written appearance in response to a show cause order within thirty (30) days from the date of service of the order upon the opposing party, as provided in subsection (2), above, then at any time thereafter and while the opposing party remains in default, the moving party may present an ex parte order granting the relief sought by the moving party. The moving party must file, the return of service of the show cause order with the court, either separately or presented with the proposed ex parte order. Upon presentation of the proposed ex parte order, the court, in its discretion, may either allow the requested relief ex parte or it may direct that a hearing be scheduled for the presentation of a prima facie case in support of the relief sought by the moving party.Polk Cnty. Supp. L. R. 8.073
Amended effective 2/1/2024.