§ 19.1 Pretrial Motions
Library | Oregon Civil Pleading and Litigation (OSBar) (2020 Ed.) |
§ 19.1-1 Introduction
This chapter addresses nondiscovery, civil pretrial motions in Oregon state courts. Discovery motions are discussed in chapters 23 to 25. Summary-judgment motions are discussed in chapter 28. This chapter first discusses rules, requirements, and procedures generally for all pretrial motions. See § 19.1-2 to § 19.1-10. The chapter then discusses motions brought pursuant to ORCP 21. See § 19.2-1 to § 19.2-11. Finally, the chapter discusses other pretrial motions. See § 19.3 to § 19.5-3.
Most pretrial motions and procedures in Oregon courts are governed by the Oregon Rules of Civil Procedure (ORCPs), the Oregon Revised Statutes (ORS), the Uniform Trial Court Rules (UTCRs), supplementary local rules (SLRs), case law, and local practice. Many rules are available online at < www.courts.oregon.gov/rules/Pages/default.aspx >. The ORCPs are available at < https://counciloncourtprocedures.org/the-orcp >. The UTCRs are available at < www.courts.oregon.gov/programs/utcr/Pages/currentrules.aspx >. The ORCPs and the UTCRs also are published annually by Thompson West Publishing in Oregon Rules of Court—State. The SLRs for each judicial district are available at < www.courts.oregon.gov/rules/Pages/slr.aspx > and are published by the Oregon Judicial Department. Multnomah County has compiled the Multnomah County Motion Judges Consensus Statement (Aug 2018), which is available on the Multnomah County Circuit Court's website at < www.courts.oregon.gov/courts/multnomah/go/CivilMotionPanel/CV_CivilMotionPanelStatementOfConsensus.pdf >.
PRACTICE TIP: Rules may change over time. Current statutes and rules should be consulted. Read the pertinent rules and confer before filing a motion.
§ 19.1-2 Definitions; Interpretations
A motion is "[a]n application for an order." ORCP 14 A. It is a formal request for a judicial act. Highway Comm'n v. Fisch-Or, 241 Or 412, 417, 399 P2d 1011, withdrawn in part on reh'g on other grounds, 406 P2d 539 (1965).
An order is any intermediate determination by a court or judge other than a final determination of the rights of the parties in an action. ORCP 67 A. See Cenci v. Ellison Co., 289 Or 603, 606 n 3, 617 P2d 254 (1980) (an "order is generally a direction of the court preliminary and incidental to" a final determination of the parties' rights).
A judgment is the final determination of the rights of the parties in an action. ORCP 67 A; ORS 18.005(7)-(8). Judgment on the pleadings is allowed under ORCP 21 B (see § 19.2-7).
An attorney is "a person authorized to represent a party in the written proceedings in any action, suit or proceeding, in any stage thereof." ORS 9.310. (An attorney is known as counsel when representing a party in court if the lawyer is someone other than the lawyer who represents the party in the written proceedings. ORS 9.310.)
Courts construe the ORCPs the same way that courts construe statutes. The court begins by examining the text and context of the pertinent rule, including any legislative history that may be useful. Black v. Arizala, 337 Or 250, 261, 95 P3d 1109 (2004); Benavente v. Thayer, 285 Or App 148, 153, 395 P3d 914 (2017). Context includes prior versions of the current, pertinent rules as well as any interpretations of those prior versions by the Oregon Supreme Court. Black, 377 Or at 261. See also State v. Gaines, 346 Or 160, 172, 206 P3d 1042 (2009) (legislative history may be considered with the text and the context at the first step of statutory analysis).
§ 19.1-3 Form
§ 19.1-3(a) In General
The ORCPs and the UTCRs require specific format for pretrial motions, as discussed in § 19.1-3(a) to § 19.1-3(i)) (form of motions). Many SLRs also set forth specific requirements.
Motions and orders must be submitted as separate documents, except when motions are stipulated, ex parte, or uncontested as specifically allowed by the SLRs. UTCR 2.010(12)(d); UTCR 5.060.
§ 19.1-3(b) Substance
Pretrial motions must (1) be in writing, (2) state with particularity the grounds for the motion, and (3) set forth the relief or order sought. ORCP 14 A. Notice of intent to file a motion to disqualify a judge may be made orally at certain times. ORS 14.270.
PRACTICE TIP: If a pretrial motion is made orally, the opposing lawyer may and often should object, especially if prejudice may result if the motion is granted.
§ 19.1-3(c) Caption and Title; Oral Argument
Motions must contain a caption that sets forth the name of the court, the title of the action, the register number of the cause, and a designation in accordance with ORCP 13 B. ORCP 14 B; ORCP 16 A; UTCR 2.010(11)(a). The title must include the name of the pleading against which the motion is directed and must identify the filing party (the "movant"). UTCR 2.010(11)(a), (c). When multiple parties are on one side, the movant must be identified. UTCR 2.010(11)(a).
If a motion is for an ex parte order, the caption must contain the term ex parte and must be accompanied by a proposed order. UTCR 5.060(3).
If a party submits an expedited filing through the eFiling system, "EXPEDITED CONSIDERATION REQUESTED" must be included in the Filing Comments field.
§ 19.1-3(d) Oral Argument
"There must be oral argument if requested by the moving party in the caption of the motion or by a responding party in the caption of a response." UTCR 5.050(1). "The first paragraph of the motion or response must include an estimate of the...
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