Rule 8.041 - PREJUDGMENT RELIEF(1) Prejudgment relief motions, excepting motions for temporary child custody or parenting time, shall be submitted to the Trial Court Administrator supported by affidavits and other documentation necessary to justify the requested relief. The prejudgment relief motion(s), affidavit(s), and supporting documentation, shall be served upon the opposing party, together with a notice to appear in accordance with sections (3) and (4) below.(2) If the opposing party has not appeared in the proceeding, Prejudgment Relief Motion(s), supporting documentation, and the Notice to Appear, shall be served upon the opposing party in the manner prescribed by ORCP 7. If the opposing party has appeared in the proceeding, Prejudgment Relief Motion(s), affidavit(s), supporting documentation, and Notice to Appear, shall be served in the manner prescribed by ORCP 9.(3) The original Notice to Appear shall be filed with the Trial Court Administrator. The Notice to Appear shall contain a notice in substantial conformity with the following: PETITIONER/RESPONDENT HAS REQUESTED CERTAIN PREJUDGMENT RELIEF MOTIONS, PURSUANT TO ORS 107.095 AND SLR 8.041.
YOU ARE HEREBY GIVEN NOTICE THAT IF IT IS YOUR INTENT TO CONTEST THE REQUESTED PREJUDMENT RELIEF, THEN NOT LATER THAN FOURTEEN (14) DAYS FROM THE DATE OF SERVICE OF THIS NOTICE UPON YOU, THE FOLLOWING MUST BE DONE:
(A) YOU MUST FILE A COUNTER AFFIDAVIT AND ANY SUPPORTING DOCUMENTATION WITH THE TRIAL COURT ADMINISTRATOR, AND,(B) YOU MUST SERVE YOUR COUNTER AFFIDAVIT AND ANY SUPPORTING DOCUMENTATION UPON YOUR SPOUSE'S ATTORNEY OR, IF YOUR SPOUSE IS NOT REPRESENTED BY AN ATTORNEY, THEN UPON YOUR SPOUSE IN THE MANNER PRESCRIBED BY ORCP 9.(C) IF YOU WISH TO SEEK AFFIRMATIVE RELIEF IN ADDITION TO OR INSTEAD OF CONTESTING THE RELIEF SOUGHT HEREIN, YOU MUST FILE YOUR OWN MOTION PURSUANT TO SLR 8.041. AFTER FOURTEEN (14) DAYS FROM THE DATE OF SERVICE OF THIS NOTICE UPON YOU, THE COURT SHALL RULE ON THE REQUESTED PREJUDGMENT RELIEF MOTION(S) WITHOUT A HEARING AND SHALL ENTER AN ORDER WHICH SHALL BECOME EFFECTIVE IMMEDIATELY.
(4) Any motion or counter affidavit regarding temporary support, debt payment, or attorney fees shall be accompanied by a Uniform Support Declaration in the form specified in the Appendix of Forms in the Uniform Trial Court Rules and a completed Division of Child Support computation worksheet as set forth in Oregon Administrative Rules 137-050-320 through 137-050-490 (Child Support Guidelines). In any case involving parties to which a Family Abuse Prevention Act Order (ORS 107.700-730) applies, a copy of said order shall be attached to any affidavit or counter affidavit. Except for the initiating motion, affidavit (and supporting matter) and the counter affidavit (and supporting matter), no other pleading shall be allowed or permitted, except as permitted by the court for good cause shown.(5) To the extent relevant to the prejudgment relief requests, each Prejudgment Relief Affidavit and counter affidavit shall address the following matters in the following order using the following suggested subheadings:(a) EMPLOYABILITY: If different than the present employment as set forth in the Uniform Support Affidavit, the past employment circumstances and employability of each party.(b) FAMILY HOME: Circumstances concerning the family home and any request for exclusive use thereof. A party making a specific request for exclusive use, possession, or control of the family home shall address the factors set out in ORS 107.095(1)(d) and (1)(g).(c) DEBTS/INSURANCE: Debt and liability repayment obligations and needs, and requests for maintenance of insurance.(d) RESTRAINING ORDERS: Reasons for any requested restraining orders, except for a temporary protective order of restraint as allowed by ORS 107.097(2) and SLR 8.042.(e) PERSONAL PROPERTY: Circumstances concerning a request by a party for exclusive use of a vehicle or other personal property.(f) ATTORNEY FEES: Sources of and need for attorney and expert witness fees.(g) OTHER: Any other matter(s) relevant to the court's consideration. Provided, however, in accordance with ORS 107.036, no affidavit shall recite nor shall the court consider any statement of alleged specific acts of misconduct by either party. Matters concerning child custody shall be considered under SLR Chapter 12 and SLR 8.042.(6) If either party desires to contest the relief granted by the court in the Temporary Relief Order, that party must file a motion requesting a hearing within 14 days of the date the order is entered specifying the modification requested. A copy of that request must be served upon the opposing attorney or if not represented, upon the party. Upon receipt of the request for hearing, the docket clerk shall promptly schedule a hearing. The court will consider the evidence in the trial court file and any additional evidence relevant to the issues at the hearing.(7) Except as allowed by the Abuse Prevention Act, ORS 107.700, et seq, no EX PARTE order denying access to the marital home will be granted by the court. The court may consider denying a party access to the marital home as otherwise allowed under the procedures prescribed in this rule, but only under the circumstances permitted by ORS 107.095(1)(d) and (1)(g).(8) After an initial ruling on the record or a ruling resulting from a request for hearing under (6) above, except for a contempt proceeding, no further motion(s) for Prejudgment Relief by the same party may be allowed or considered by the court except upon a showing of an emergency. As used in this subparagraph, the term "emergency" means unforeseen, extraordinary and extreme circumstances, or a substantial change of circumstances arising after the entry of the court's last Prejudgment Relief Order.Douglas Supp. L. R. 8.041
Amended effective 2/1/2024.