Rule 8.042 - PRE-JUDGMENT MOTIONS UNDER ORS 107.095(1) Motions for temporary support and/or custody filed pursuant to ORS 107.095(1)(b) and 107.097 and motions for exclusive use of the home or vehicles or motions for suit money may be determined without testimony. Parties shall notify the court in writing when the motion is ready for decision without hearing. With due regard for other pending matters, the court will attempt to issue a ruling within 14 days of such notice.(2) Except where otherwise provided by ORS 107.097 regarding ex parte orders, temporary child custody and/or support issues and motions for exclusive use of the home or vehicle and motions for suit money must be resolved through the following procedures: (a) Motions for temporary custody, temporary child and/or spousal support issues, and motions for exclusive use of the home or vehicle and motions for suit money must be accompanied by an affidavit or declaration setting forth the justification for the requested relief. If temporary child support is sought, the party must file a Uniform Support Declaration and attach a child support computation worksheet. A written response shall be filed within 14 days following service, if the adverse party wishes to contest the temporary relief sought, except that no respondent shall be required to respond before the time required by law on the summons in the case.(b) The Motion and Affidavit or Declaration must be filed with the Trial Court Administrator before being submitted to a judge.(c) A copy of this Supplementary Local Rule must be served on the adverse party along with true copies of the Motion and Affidavit or Declaration in Support.(d) The Response must admit or deny each form of relief sought and must set forth any additional motions for temporary relief. The Response must be accompanied by an affidavit or declaration setting forth the justification for the relief opposed or sought by the responding party. If the response contests the amount of temporary support, a Uniform Support Declaration must be filed.(e) Within ten (10) days following service of the Response and Affidavit or Declaration on the moving party or their attorney, either or both parties may submit a Supplemental Affidavit or Declaration in support of their respective positions. If service of the Response is made by mailing, the date of service shall be considered to be three (3) days after the date of mailing. Except for good cause shown, no further pleadings are required or permitted.(f) Temporary relief will generally be determined without testimony, based upon the parties' written submissions to the court. Oral argument will be allowed if requested by either party pursuant to UTCR 5.050. The court may on its own motion schedule an evidentiary hearing if deemed necessary. Failure to submit the required filings may result in an adverse ruling or denial of relief. There is no requirement, however, to file a supplemental affidavits or declaration. On matters involving custody and parenting time only, if a party files a written motion for reconsideration within ten (10) days after the court's ruling, a hearing will be scheduled to review that ruling. If temporary custody and/or support are awarded pursuant to this rule, the court's determination of permanent custody and/or support shall be made de novo.(g) Nothing in this rule limits the court's authority to issue temporary status quo orders pursuant to ORS 107.138 and temporary custody or parenting time orders pursuant to ORS 107.139. The court reserves its authority to refer custody and parenting time disputes to mediation, pursuant to ORS 107.765 and SLR 8.075.(h) STANDARD FOR TEMPORARY CUSTODY: To prevail under this procedure, the moving party must prove that the child's condition or surroundings reasonably appear to be such as to jeopardize the child's welfare.Wallowa Supp. L. R. 8.042
Amended effective 2/1/2024.