Rule 8.041 - TEMPORARY RELIEF HEARINGSAll temporary relief motions shall be show cause motions, except as provided by ORS 107.097, and shall be handled as follows:
(1) Motions for temporary relief shall be accompanied by an affidavit or declaration setting forth the justification for the requested relief. The order to show cause shall require the filing of a response within fourteen (14) days following service, if the adverse party wishes to contest the relief sought, except that no respondent shall be required to respond before the time required by law to respond on the summons in the case.(2) A copy of this SLR shall be served on the adverse party concurrent with true copies of the motion, affidavit or declaration, and order to show cause.(3) Any motion regarding temporary support must be accompanied by a Uniform Support Declaration.(4) The response shall admit or deny the relief sought and shall set forth any counter motions for temporary relief. The response shall be accompanied by an affidavit or declaration setting forth the justification for the relief opposed or sought by the responding party. If temporary support is to be an issue, the response must be accompanied by a Uniform Support Declaration.(5) Within ten (10) days following service of the response and responding affidavit or declaration on the moving party or their attorney, the moving party or their attorney may file a supplemental affidavit or declaration in reply to the responding affidavit or declaration. Except for good cause shown, no further pleadings are required or permitted.(6) Temporary relief shall be determined without testimony, based on all documents submitted. Failure to submit an affidavit or Uniform Support Declaration where required may result in an adverse ruling or denial of relief. There is no requirement, however, to file supplemental affidavits. On matters of exclusive use of a family residence, custody, or parenting time only, a hearing will be scheduled to review the court's ruling upon written motion filed within ten (10) days after mailing of the court's ruling.Amended effective 2/1/2024.