Rule 8.051 - POST JUDGMENT MODIFICATION (ORS 107.139, 109.119 and 107.730)(1) Motions for modification of orders or judgments described in subsection (2) shall be submitted to the court supported by affidavits, uniform support declaration and other documentation necessary to justify the requested relief. The motion shall be served upon the opposing party together with an order to show cause containing the notice described in subsection (3).(2) Except as provided below, this rule shall apply to any and all modifications of custody or parenting time decisions, including (but not limited to) domestic relations judgments (ORS 107.135, ORS 107.139); modifications of a judgment entered pursuant to ORS 109.119 (establishing emotional ties); and modification of custody and parenting time provisions requested pursuant to or to be made under the authority of ORS 107.730 [FAPA proceedings]. This rule does not apply to temporary custody or parenting time decisions, including temporary custody or parenting time decisions made pursuant to ORS 107.095, ORS 107.710, ORS 107.718. This rule does not apply to juvenile dependency proceedings.(3) The notice given shall state: PURSUANT TO DOUGLAS COUNTY CIRCUIT COURT RULE 8.051, THE PETITIONER/RESPONDENT HEREIN SHOULD TAKE NOTICE THAT IF IT IS YOUR INTENT TO CONTEST THE MATTERS INVOLVED HEREIN, A WRITTEN RESPONSE SPECIFYING THE MATTERS TO BE CONTESTED MUST BE FILED BY YOU WITH THE TRIAL COURT ADMINISTRATOR WITH PROOF OF SERVICE OF A COPY THEREOF ON PETITIONER'S/RESPONDENT'S ATTORNEY NOT LATER THAN THIRTY (30) DAYS FROM THE DATE OF SERVICE OF THIS ORDER UPON YOU. ABSENT GOOD CAUSE SHOWN, NO CONTEST TO A SHOW CAUSE SHALL BE PERMITTED UNLESS THE CONTESTANT HAS FILED A WRITTEN RESPONSE.
(4) The written response shall respond to the original affidavit. Upon the filing of a written response, the matter will be set for trial pursuant to UTCR 7.020. Further proceedings will not be permitted except for good cause shown. If the respondent is seeking affirmative relief rather than or in addition to opposing relief requested by the other party, respondent must file a separate motion pursuant to this rule.(5) Where no written response is filed, the court may rule on the motion without a hearing upon the expiration of thirty (30) days from the date of service, or the court may request additional documents or may set the matter for hearing.Douglas Supp. L. R. 8.051
Amended effective 2/1/2024.