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CHAPTER 5—Proceedings in Civil CasesNOTE: Rules specifically relating to contempt proceedings are located in UTCR Chapter 19.5.010CONFERRING ON MOTIONS UNDER ORCP 21, 23 and 36-46(1)The court will deny any motion made pursuant to ORCP 21 and 23, except a motion todismiss: (a) for failure to state a claim; or, (b) for lack of jurisdiction, unless the movingparty, before filing the motion, makes a good faith effort to confer with the other party(ies)concerning the issues in dispute.(2)The court will deny any motion made pursuant to ORCP 36 through 46, unless the movingparty, before filing the motion, makes a good faith effort to confer with the other partiesconcerning the issues in dispute.(3)The moving party must file a certificate of compliance with the rule at the same time themotion is filed. The certificate will be sufficient if it states either that the parties conferredor contains facts showing good cause for not conferring.(4)Upon certification that a motion is unopposed, it may be submitted ex parte.5.020AUTHORITIES IN MOTIONS AND OTHER REQUIREMENTS(1)Every motion document must include a memorandum of law or a statement of authorityexplaining how any relevant authorities support the contentions of the moving party.(2)If a pleading is moved against in more than two particulars under ORCP 21 D or E, theremust be attached to the motion a copy of the pages of the pleading moved against with theparts of the pleading to be stricken shown in parentheses and the parts to be made moredefinite and certain underlined.5.030OPPOSING PARTY’S RESPONSE; TIME FOR FILING RESPONSE AND REPLYIn matters other than motions for summary judgment:(1)An opposing party may file a written memorandum of authorities in response to thematters raised in any motion not later than 14 days from the date of service of the motion.(2)A reply memorandum, if any, must be filed within 7 days of the service of the respondingmemorandum.5.040MOTIONS TO BE DETERMINED BY THE PRESIDING JUDGE OR DESIGNEEThe presiding judge or designee shall hear and determine all motions.UTCR 8/1/175.1

5.050ORAL ARGUMENT ON MOTIONS IN CIVIL CASES; APPEARANCE ATNONEVIDENTIARY HEARINGS AND MOTIONS BY TELECOMMUNICATION(1)There must be oral argument if requested by the moving party in the caption of the motionor by a responding party in the caption of a response. The first paragraph of the motion orresponse must include an estimate of the time required for argument and a statementwhether official court reporting services are requested.(2)A party may request that a nonevidentiary hearing or a motion not requiring testimony beheard by telecommunication.(3)(a)A request for a nonevidentiary hearing or oral argument by telecommunication mustbe in the caption of the pleading, motion, response, or other initiating document.(b)If appearance or argument by telecommunication is requested, the first paragraph ofthe pleading, motion, response, or other initiating document must include the namesand telephone numbers of all parties served with the request. The request must begranted.(c)The first party requesting telecommunication must initiate the conference call at itsexpense unless the court directs otherwise.“Telecommunication” must be by telephone or other electronic device that permits allparticipants to hear and speak with each other and permits official court reporting whenrequested. When recording is requested, telecommunications hearings must be recordedby the court if suitable equipment is available; otherwise, it will be provided at the expenseof the party requesting recording.5.060STIPULATED AND EX PARTE MATTERS(1)A judicial district may adopt a local rule regarding specific stipulated or ex parte matters forwhich the documents must be presented conventionally as defined in UTCR 21.010 andmay not be electronically filed. SLR 2.501 is reserved for judicial districts to adopt a localrule for that purpose.(2)Any stipulated or ex parte matter that may be presented conventionally may be deliveredby mail or messenger to the trial court administrator for distribution to a judge forsignature. An ex parte default, a stipulated order, or a stipulated judgment that may bepresented conventionally also may be personally presented to a judge by the attorney orthe attorney’s agent. Other types of ex parte matters personally presented to a judge mustbe presented by the attorney.(3)A motion for an ex parte order must contain the term “ex parte” in the caption and must beaccompanied by a proposed order.(4)Ex parte matters that are presented conventionally shall be presented anytime duringcourt hours, except as modified by SLR promulgated pursuant to UTCR 1.050. Until suchlocal rules are adopted, stipulated and ex parte matters may be personally presentedanytime during court hours.UTCR 8/1/175.2

5.070(1)(2)MOTION FOR LEAVE TO AMEND PLEADINGExcept as provided in section (2) of this rule, whenever a motion for leave to amend apleading, including a motion to amend to assert a claim for punitive damages, is submittedto the court, it must include, as an exhibit attached to the motion, the entire text of theproposed amended pleading. The text of the pleading must be formatted in the followingmanner:(a)Any material to be added to the pleading must be underlined and in bold with bracesat each end.(b)Any material to be deleted from the pleading must be italicized with brackets at eachend.If the motion to amend is for a pleading that was composed using preprinted forms thathave been completed by filling in the blanks, the moving party may comply with this rule bymaking a copy of the filed pleading and formatting the text of the pleading in the followingmanner:(a)Any material to be added to the pleading must be interlineated and underlined withbraces at each end.(b)Any material to be deleted from the pleading must have brackets at each end.5.080STATEMENT FOR ATTORNEY FEES, COSTS, AND DISBURSEMENTSIn civil cases, the statement for attorney fees, costs, and disbursements must be filed insubstantially the form set forth in Form 5.080 in the UTCR Appendix of Forms.5.090(1)NOTICE TO COURT IN WATER RIGHTS CASES; NOTICE TO COURT IN CASESSUBJECT TO SECTIONS 7, 13, 21 and 23, CHAPTER 5 OREGON LAWS,REGARDING COMMENCING AN ACTION AGAINST A HEALTH CARE PROVIDEROR A HEALTH CARE FACILITYNotice to Court in Water Rights CasesIf at any time during a case a party asserts a disputed water right, the party must givenotice to the court that the case involves water rights. If not stated in the caption of theoriginal complaint that begins the court case, the notice shall be in the following form:(2)(a)Be filed as a separate document.(b)Include the caption of the case and the case number.(c)Include a statement that the case involves water rights.(d)Be signed by the attorney or party.Notice to court in cases subject to sections 7, 13, 21 and 23, chapter 5 Oregon Laws, Regarding Actions Against A Health Care Provider Or A Health Care Facility.UTCR 8/1/175.3

A party must place the following in the title of a pleading in the case if the pleadingcontains a claim which creates a duty upon the court to provide notice to the parties undersections 7, 13, 21, and 23, chapter 5 Oregon Laws (including any claim,counterclaim, cross claim, or third-party claim): “ADVERSE HEALTH CARE INCIDENTSUBJECT TO COURT NOTICE”. This language must not be in the title of a pleading forany other purpose. A party’s signature on pleadings constitutes the party’s certificateunder ORCP 17 that the pleading contains a claim which requires notice by the courtunder section 7, chapter 5 Oregon Laws if the language is present and does notcontain any such claim if the language is omitted.5.100(1)(2)SUBMISSION OF PROPOSED ORDERS OR JUDGMENTSExcept as provided in subsection (3) of this rule, any proposed judgment or proposedorder submitted to the court for signature must be:(a)Served on each counsel not less than 3 days prior to submission to the court, or(b)Accompanied by a stipulation by each counsel that no objection exists as to thejudgment or order, or(c)Served on a self-represented party not less than 7 days prior to submission to thecourt and be accompanied by notice of the time period to object.Except as provided in subsection (4) of this rule, any proposed judgment or ordersubmitted to the court must include, following the space for judicial signature, a dated andsigned certificate that describes:(a)The manner of compliance with any applicable service requirement under this rule;and(b)The reason that the submission is ready for judicial signature or otherwise states thatany objection is ready for resolution, identifying the reason in substantially thefollowing form:“This proposed order or judgment is ready for judicial signature because:“1. [ ] Each party affected by this order or judgment has stipulated to the order orjudgment, as shown by each party’s signature on the document beingsubmitted.“2. [ ] Each party affected by this order or judgment has approved the order orjudgment, as shown by each party’s signature on the document beingsubmitted or by written confirmation of approval sent to me.“3. [ ] I have served a copy of this order or judgment on each party entitled toservice and:“a. [ ] No objection has been served on me.“b. [ ] I received objections that I could not resolve with a party despitereasonable efforts to do so. I have filed a copy of the objections Ireceived and indicated which objections remain unresolved.“c. [ ] After conferring about objections, [role and name of objecting party]agreed to independently file any remaining objection.“4. [ ] Service is not required pursuant to subsection (3) of this rule, or by statute,rule, or otherwise.UTCR 8/1/175.4

“5. [ ] This is a proposed judgment that includes an award of punitive damages andnotice has been served on the Director of the Crime Victims’ AssistanceSection as required by subsection (5) of this rule.“6. [ ] Other: .”(3)The requirements of subsection (1) of this rule do not apply to:(a)A proposed order or judgment presented in open court with the parties present;(b)A proposed order or judgment for which service is not required by statute, rule, orotherwise;(c)A proposed judgment subject to UTCR 10.090;(d)An uncontested probate or protective proceeding, or a petition for appointment of atemporary fiduciary under ORS 125.605(2); and(e)Matters certified to the court under ORS 416.422, ORS 416.430, ORS 416.435, andORS 416.448, unless the proposed order or judgment is ready for judicial signaturewithout hearing.(4)The requirements of subsection (2) of this rule do not apply to a proposed order orjudgment presented and signed in open court with the parties present.(5)Any proposed judgment containing an award of punitive damages shall be served on theDirector of the Crime Victims’ Assistance Section, Oregon Department of Justice, 1162Court Street NE, Salem, OR 97301, not less than 3 days prior to submission to the court.(6)The certificate required under subsection (2) may be combined with any certificate ofservice required by another statute or rule.REPORTER’S NOTE (08/01): This rule does not apply in the following types of cases:criminal; contempt cases seeking punitive sanctions; juvenile under ORS chapter 419A, 419B,or 419C; or violations, parking violations, or small claims (see UTCR 1.010(3)). Nothing in thisrule prohibits a court from adopting an SLR that applies this rule to matters under SLR chaptersother than chapter 5.Pursuant to UTCR 1.130, computation of Uniform Trial Court Rule time requirements is subjectto ORCP 10.5.110CLASS ACTIONSRules relating to class actions may be found at Oregon Rule of Civil Procedure 32 and OregonRule of Appellate Procedure 12.15.5.120(1)NOTICE TO THE DEPARTMENT OF JUSTICE, CRIME VICTIMS’ ASSISTANCESECTION, OF PUNITIVE DAMAGESThe notices required by ORS 31.735(3), concerning verdicts and judgments that includepunitive damages, shall substantially be in the form specified in Form 5.120.1 in the UTCRAppendix of Forms.UTCR 8/1/175.5

(2)The prevailing party shall promptly file with the court a copy of each notice and the proof ofservice.5.130INTERSTATE DEPOSITION INSTRUMENTS—OBTAINING AN OREGONCOMMISSION(1)A party shall request a commission pursuant to ORCP 38 to permit a deposition to betaken in a foreign jurisdiction for an action pending in an Oregon circuit court by presentinga motion, affidavit, and form of order at ex parte. (See Form 5.130.1a in the UTCRAppendix of Forms.) If the motion is allowed, the party shall file the motion, affidavit, andsigned order with the trial court administrator in the pending civil action. When the ordergranting the commission is filed, the trial court administrator or the trial courtadministrator’s designee shall issue the commission (see Form 5.130.1b in the UTCRAppendix of Forms).(2)Unless otherwise requested by the party in its motion and ordered by the court, thecommission shall be effective for 28 days from the date of issue.(3)The commission may also serve to authorize the issuance of Subpoenas Duces Tecum ina foreign jurisdiction.5.140(1)To obtain discovery in the State of Oregon for a proceeding pending in another statepursuant to Oregon Rule of Civil Procedure (ORCP) 38 C, a party must submit to the courtall of the following:(a)The foreign subpoena.(b)An original and two copies of a fully completed subpoena that(c)(2)OREGON DISCOVERY IN FOREIGN PROCEEDINGS(i)Complies with the requirements of the ORCP, including ORCP 55; and(ii)Contains the names, addresses, email addresses, and telephone numbers ofall attorneys of record and self-represented parties in the foreign proceeding.A declaration and request for issuance of a subpoena pursuant to ORCP 38 C,substantially in the form specified in Form 5.140.1c in the UTCR Appendix of Forms,stating that(i)The foreign subpoena was issued by a court of record of a state as “state” isdefined in ORCP 38 C(1)(