Rule 8.055 - ORDERS TO SHOW CAUSESee SLR 7.045 for scheduling matters in domestic relations proceedings.
(1) The procedures of this rule are limited to domestic relations cases. Domestic relations cases shall mean petitions for dissolution of marriage, legal separation, paternity, custody, filiations and interstate support proceedings. A contempt proceeding arising out of a domestic relations case is not covered by this rule.(2) An order to show cause will be allowed only upon the motion of a party supported by affidavit. The order to show cause will not contain a date for hearing. It shall provide that the adverse party must file a written response in opposition within fourteen (14) days from the date of service of the order and affidavit, or within such additional time as allowed by the court upon a showing of good cause. The order must further advise the adverse party that if such written response in opposition is not so filed and served within the fourteen (14) days, the order requested by the motion and show cause order will be granted and entered by the court. (An example order is attached as set forth in Appendix 3 located at www.courts.oregon.gov/courts/deschutes/go/Pages/rules.aspx.) Post-judgment motions to set aside, alter or modify any terms of the judgment shall provide that the adverse party must file and serve a written response in opposition to the motion within thirty (30) days from the date of the service of the order and affidavit. The order must further advise the adverse party that if such written response in opposition is not so filed and served within thirty (30) days, the order requested by the motion and show cause order will be granted and entered by the court.(3) If the opposing party fails to file the written response in opposition within the time allowed, the moving party shall forthwith submit an order allowing the relief requested in the order to show cause. The court reserves the right to require the taking of testimony of the moving party in such default matters. The court reserves the right to enter the order requested if the opposing party does not file the written response in opposition and may do so upon its own motion if the moving party fails to present for signature the order required above.(4) Except for pendente lite motions for temporary child or spousal support, upon the opposing party filing a written response in opposition, either party shall forthwith, by motion, request a hearing date to be set to determine the issues raised by the motion to show cause and the affidavit. If either party fails to submit a motion requesting such hearing date, the court reserves the right to set such date on its own motion. The first paragraph of motion requesting a hearing date shall include the information required by UTCR 5.050.(5) Except for pendente lite motions for temporary child or spousal support, this procedure shall apply to all orders to show cause in domestic relations matters whether they be pretrial or post-judgment or any other matters properly raised by the procedure of an order to show cause.(6)Pendente lite motions for temporary child and spousal support filed pursuant to ORS 107.095(1)(a) and (b) and other motions for temporary financial orders filed pursuant to ORS 107.095(1)(f) shall be determined without testimony, based on an affidavit and a Uniform Support Declaration from each party. Such motions shall be filed separately from other pendente lite motions. In any case involving temporary child support, the affidavit filed by each party shall include a child support computation worksheet. When the matter is ready for decision, the moving party shall notify the court by filing a Notice of Readiness for Decision. (An example notice is attached as set forth in Appendix 4 located at www.courts.oregon.gov/courts/deschutes/go/Pages/rules.aspx.)Deschutes Supp. L. R. 8.055
Amended effective 2/1/2024.