Rule 8.042 - Orders to Show Cause(1) The procedures outlined in this rule are limited to domestic relations cases. Domestic relations cases include legal separations, annulment of marriage, dissolution of marriage and filiations. This rule is not applicable to contempt proceedings related to such actions.(2) Except for proceedings governed by ORS 107.097, ORS 107.135(13) or ORS 107.138, this rule applies to all orders to show cause in domestic relations matters whether or not the issues are pre-trial or post-judgment.(3) An order to show cause will be allowed only upon the motion of a party which itemizes the requested relief and is supported by sufficient written affidavit or declaration setting forth the justification for the relief requested. The order to show cause will not contain a date for hearing. The order must contain in bold type in the body of the order the following notice or a similar notice which contains, at minimum, all of the below requirements: "NOTICE TO PARTIES RECEIVING THESE PAPERS:
If you object to any of the requests in the attached Motion, you must file a written response:
1) which itemizes the disputed issues; and2) sets forth any additional relief requested You must file the written response no later than thirty (30) days after this order has been served on you. If you do not file the written response within the time allowed, the court may order the relief requested without further notice to you."
(a) The court may allow additional time for a response to any motion and affidavit or declaration upon good cause.(b) If child support or spousal support is an issue then the parties must file and serve upon the opposing party a Uniform Support Declaration as required by UTCR 8.040(3), 8.040(4), 8.050(1), and 8.050(3);(c) If the Uniform Support Declaration is not completely filled out with all necessary exhibits, it may not be considered by the court and the party will be required to submit a completed form.(4) If the opposing party fails to file a written response within the time allowed, the moving party must forthwith submit an order allowing the relief requested in the order to show cause. The court may:(a) Require the taking of testimony of the moving party in such default matters;(b) Enter the order requested if the opposing party does not file the required written response; and(c) Enter the order upon its own motion if the moving party fails to present an order.(5) If the opposing party files a written response, the docket clerk will set a hearing date to determine the issues raised by the order to show cause and the affidavits or declarations. A notice of the hearing date will be mailed to both parties.Amended effective 2/1/2024.