Rule 8.041 - Pre-General Judgment Relief(1) Pursuant to ORS 107.095(1)(a) and (b), temporary child and spousal support and suit funding shall be determined without an evidentiary hearing, based on the Uniform Support Declarations and affidavits or declarations filed by the parties using the following procedures:(a) The moving party must file a Uniform Support Declaration together with the motion and a supporting affidavit or declaration for an order of temporary support. The motion must include, prominently displayed on the first page, a notice to the adverse party stating, in substance, the responding party's obligations under paragraph (b) of this subsection. The notice also must state: "If you do not respond, the court may take action based on this motion. You may be ordered to pay support in the amount requested. Refer to SLR 8.041 for further information."(b) The adverse party must file a Uniform Support Declaration within fourteen (14) days of being served with the moving party's motion and documentation, or within thirty (30) days of being served with the petition and summons if the motion for temporary support is served with the summons. The adverse party may also submit a supporting affidavit or declaration responding to specific statements made in the moving party's documentation. The adverse party's affidavit or declaration, if any, must be filed together with the Uniform Support Declaration. (c) The moving party may respond to the adverse party's responding documentation by supplemental affidavit or declaration within fourteen (14) days of being served with the adverse party's documentation. In any case involving temporary child support, the documents filed by the parties with the court shall include applicable child support computation worksheets.(d) The court will determine the matter within fourteen (14) days after the last filing by a party. The court may, on its own motion, order that the matter be determined through an evidentiary hearing.(2) Notwithstanding the provisions of subsection (1), a party may request in writing that temporary support be established through an evidentiary hearing. The request must show good cause and state why the procedure of subsection (1) would not be appropriate. (3) A temporary support order may be modified under the procedure of subsection (1) or (2). The moving party must show good cause and state why the temporary support obligation should be reconsidered by the court instead of awaiting final determination at the trial.Jackson Supp. L. R. 8.041
Amended effective 2/1/2024.