SLR 18-8.045: Prejudgment Relief

(1) All applications for prejudgment relief in domestic relations cases must be made by motion for show cause order and include a supporting affidavit or a declaration under penalty of perjury. The motion and show cause order must state separately each item of relief requested. Time periods specified in this rule shall be computed in accordance with ORCP 10. (2) Show cause orders for prejudgment relief shall specify a response time not less than 14 days from the date of service upon the opposing party. When the show cause order is served outside the state of Oregon or by publication, the order shall require the opposing party to file an answer in writing not less than 20 days from the date of service. Such orders shall require the opposing party to respond by filing an answer in writing, together with opposing affidavits or declarations under penalty of perjury and serving a copy of the answer and affidavits or declarations under penalty of perjury on the moving party within the response time. The order must include a notice as set forth in Appendix III to these rules if the opposing party is unrepresented. (3) A motion for prejudgment support must include a Uniform Support Declaration with the required attachments. If the opposing party files an answer to a request for prejudgment support, the party also must file and serve on the moving party a Uniform Support Declaration with the required attachments. (4) If proof of service is 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 present an order granting the relief sought. (5) The opposing party may include counter claims in the response to the show cause order. The moving party shall have 14 days from the date of service to file a reply affidavit or declaration under penalty of perjury. No further pleadings will be considered. Either party may notify the court in writing when the matter is ready for determination, and the court shall decide the matter and promptly notify the parties of any decision. (6) The court will not issue a ruling in fewer than 30 days after the date of service of the petition unless respondent has appeared or is represented by counsel. (7) For good cause shown or upon its own motion, the court may set prejudgment relief proceedings for hearing.