Rule 5.015 - CIVIL ACTION MOTION SETTING; RESPONSIBILITY OF MOVING PARTY; AUTOMATIC CONSENT TO HEARING BY NON-APPEARING PARTYMethods of Setting Civil Motions
(1) In circuit court civil actions, contested pretrial motions (excluding ex parte) shall be set for hearing by contacting the assigned motion judge in the action, by contacting the Civil Calendaring Motion Clerk for setting a motion for summary judgment, by an Order to Show Cause, or by order of the Presiding Judge or the Presiding Judge's designee.(2) If the Presiding Judge places a motion on the civil motion docket, the court may provide notice by email to attorneys or letter to self-represented litigants.(3) Requests for an expedited setting of a civil motion must be presented to the judge assigned as the motion judge in the action. If no motion judge has been assigned, then the request for a motion judge must be made at the Presiding Judge's ex parte, as provided in SLR 5.014 (2). Notice of motion hearing time, date and location
(4) This paragraph applies to cases for which a motion judge has been assigned under SLR 5.014. Except for motions for Summary Judgment, the moving party must coordinate for all parties' dates of availability to the court for a motion hearing, contact the assigned motion judge and set the matter. The moving party must provide to all parties notice of the time, date, and location set for the hearing, and the name of the judge who will hear the motion. Notice to the parties may be by any means of communication to which the parties mutually have agreed. If there is no agreement as to the means for giving notice, then notice must be given in writing and delivered to each party. If notice is challenged, in a hearing on the matter of absence of a party at a hearing under paragraph (8) of this rule, the moving party shall have the burden of proving notice in the manner agreed by the parties to the action was provided to the challenging party. Failure to provide notice of a hearing's time, date and location as required by this section may result in sanctions as provided by UTCR 1.090, including striking the underlying motion.(5) Motions for Summary Judgment in actions subject to paragraph 4 must be set by emailing mul.civil@ojd.state.or.us, and not the motion judge assigned to the case. In all other aspects, section (4) of this rule applies to the moving party setting a motion for summary judgment. Service Period on Opposing Parties and Courtesy Copy of Motion, Response and Reply to Assigned Judge
(6) The moving party shall deliver a courtesy copy of the motion to the assigned motion judge and serve the parties on the date the motion is filed with the court. The moving party must file the motion, serve the opposing parties and provide a judge's courtesy copy of the document not later than 7 days following the date on which the time and date for a hearing is set for the motion. Any party opposing a motion shall submit a courtesy copy of the responding documents to the assigned judge and serve the parties at the same time the response is filed with the court, but in no event less than one judicial day prior to the date of the hearing unless time has been shortened by the assigned motion judge. Any party filing a reply to a response to a motion, must deliver a copy of the reply document to the assigned judge and serve the parties on the date the reply is filed with the court, but in no event less than one judicial day prior to the date of the hearing. Failure to File Motion within Seven Days
(7) If the moving party fails to file the motion within seven days after the motion is set for a date and time certain under paragraph (3) of this rule, absent an order of the court permitting additional delay, the court may impose sanctions as provided by UTCR 1.090. Absence at Motion Hearing
(8) A matter set on a civil motion docket may be decided even though some or all of the parties or attorneys are not present. Such a hearing shall be deemed consented to by the parties not appearing.Multnomah Supp. L. R. 5.015
Amended effective 2/1/2024.