SLR 10-8.042: Pre-Judgment Motions

(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 shall be accompanied by an order to show cause, along with affidavit or declaration setting forth the justification for the requested relief. The order to show cause shall require the opposing party to respond in writing within 14 days of service, unless the order to show cause is served with the summons and petition, in which case the opposing party shall respond in writing within 30 days of service. a. If temporary child support is sought, the moving party must attach a child support calculation worksheet to the Motion. b. If temporary child support and/or spousal support is sought, the moving party must file a Uniform Support Declaration. (2) 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. (a) If the response contests the amount of temporary support, the responding party must file a Uniform Support Declaration. Page 12 of 22 (3) If proof of service has been filed and the opposing party fails to respond to the show cause order within the time set forth in the order, the moving party may apply for an order of default and if granted may present an order granting the relief sought. (4) Once a response has been filed, the court shall set the matter for hearing. With due regard for other pending matters, the court will attempt to hold the hearing and issue a ruling within 30 days of the response being filed. (5) Nothing in this rule limits the Court's authority to issue temporary status quo orders pursuant 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.