SLR 19-8.091: Motion For Order of Default; Military Declaration 16

A p arty seeking a default judgment or order must include information stating whether the party against whom the order is sought is in the military service as required by section 201(b)(1) of the Servicemembers Civile Relief Act, 50 U.S.C. 3931, as amended. The party seeking the default must include a print out from the Department of Defense website (https://scra.dmdc.osd.mil/) or, if the party does not have the information necessary to search that website, specific facts that explain how the moving party knows whether the opposing party is or is not in military service. 19th Judicial District - Columbia County Circuit Court Supplementary Local Rules 2026 17 CHAPTER 9 - P ROBATE AND ADOPTION PROCEEDINGS 9.081 PROTECTIVE PROCEEDINGS/OBJECTIONS ( 1) Any interested person, as described in ORS 125.075(1), who has an objection to a petition in a protective proceeding may make an oral objection in a protective proceeding at the Trial Court Administrator (TCA) counter located in the Columbi a C ounty Courthouse, 230 Strand Street, St. Helens, Oregon. The objecting party should advise the court clerk that the objecting party wishes to make oral objections to the Petition. Upon receipt of the objection, the court will schedule a hearing and notify the appropriate parties. The respondent or protected person may also make objections o rally to an appointed Court Visitor. Court Visitors are to include any objections by the respondent or protected person in the Visitor Report. The objection should be in bold and underlined so as to call its attention to the court when reviewing the report. ( 2) If the objecting party wishes to file a written objection, the court clerk will provide the objection form (www.courts.oregon.gov/courts/columbia/help/Pages/forms.aspx). 9.091 STATEMENTS AND DISBURSEMENTS Vouchers for disbursements made during the period covered by the account must be retained by the personal representative. 9.092 MINORS Within 30 days after each anniversary of appointment, a guardian for a minor protected person shall file with the court a written report. The report must include a declaration under penalty of perjury in the form required by ORCP 1 E. Copies of the guardian’s report must be given to those persons specified in ORS 125.060(3). The report shall be in substantially the same form as that described in ORS 125.325. A sample guardian’s report is available on the court’s website (https://www.courts.oregon.gov/forms/Documents/AnnualGuardianReport-A dult.pdf). 9.095 ATTORNEY FEES ( 1) Attorney fee expenses under ORS 116.183 and 125.095 must be approved by the court. (a) Such requests must be accompanied by a statement for attorney fees, filed in the form required by UTCR 5.080, showing the number of hours expended, t he hourly rate charged, and a designation of title for each person performing the work. (b) If tasks performed appear to be the duties of a personal representative, the court will question and possibly reduce attorney fee payments for such activities. ( 2) Consent by the parties to the attorney fee requests shall not waive the requirements of this rule. 19th Judicial District - Columbia County Circuit Court Supplementary Local Rules 2026 18 9.165 DELINQUENT FILINGS In the event of a delinquency in filing any document required by statute, rule or court order, the fiduciary and attorney of record shall be notified. The personal representative, guardian or conservator shall promptly cure the delinquency. If the delinquency is not cured within 30 days after mailing of the notice or other time limitation set by the court, an Order to Show Cause may be issued which requires the personal representative, conservator or guardian, and attorney of record to appear before the court. 9.311 ADOPTIONS T he petition for adoption must be submitted with payment for the required filing fees only. 19th Judicial District - Columbia County Circuit Court Supplementary Local Rules 2026 19 CHAPTER 1 2 - MEDIATION 1 2.001 MANDATORY MEDIATION ( 1) Any dispute involving custody and/or visitation and/or parenting time arising from any of the following types of cases will be subject to mediation under this rule. ( a) Any domestic relations case, as defined in ORS 107.510(3) (b) Any filiation proceeding pursuant to ORS 109.124 to 109.230. (c) Proceedings to determine custody or support of a child under ORS 109.103. (d) Any proceeding to modify custody and/or visitation/parenting time previously determined in one of the above types of cases. (e) Any other matter involving a dispute over custody and/or visitation and/or parenting time upon motion of the court. ( 2) The court which refers a case to mediation may set in its referral order the limits of the mediator’s scope of authority in the case. In order to preserve and promote the integrity of mediation as a dispute-resolution technique, the court will endeavor to include all reasonable agreements reached by the parties in formulating its order in the case. ( 3) A party subject to these rules may be excused from mandatory mediation upon application by the party to the court with service upon the opposing party and after being given the opportunity to be heard in objection and upon showing good cause. 12.011 APPLICATION OF RULES ( 1) These rules do not apply to mediation by private agreement. ( 2) These rules must not be applied to restrict the process, but rather to grant considerable discretion to the mediator and mediating parties. 1 2.012 COURT JURISDICTION ( 1) A case filed in the circuit court remains under the jurisdiction of that court in all phases o f the proceeding, including mediation. ( 2) Any agreement of the parties reached as a result of mediation for which court en forcement may be sought must be presented to the court and the court will retain final authority to accept, modify or reject the agreement. ( 3) At any point during the mediation, the court may approve a temporary custody and visitation order reflecting the parties’ agreement as to those issues. 19th Judicial District - Columbia County Circuit Court Supplementary Local Rules 2026 20 12.021 M EDIATION ORIENTATION ( 1) When a proceeding under SLR 12.001(1) is filed with the court, the parties will be ordered to view the mediation orientation video. Parties will receive instructions on how to view the video along with a declaration of completion of mediation orientatio n a nd the mediator selection list. Parties are required to return the declaration of completion and choice of mediator within ten (10) days. If the parties are unable to agree upon a mediator within ten (10) days, the court will appoint a mediator and notify the parties of the appointment. Mediation will consist of a maximum of six (6) hours involving the parties and the mediator. Additional time may be provided at the parties’ expense. ( 2) When a civil proceeding is not arbitration eligible, the case will be referred to mediation a t the discretion of the judge. The orientation for mediation will occur at the beginning of the mediation session. 1 2.022 MEDIATORS ( 1) To qualify as a court-approved mediator, a person must: ( a) Meet the mediator qualification in Uniform Trial Court Rules Chapter 12; (b) Sign and file an application with the court; and (c) Receive approval of the Presiding Judge, upon recommendation of the Local Family Law Advisory Committee. ( 2) The Presiding Judge may remove a mediator from the court-approved list at any time at the Presiding Judge’s discretion. 12.031 CASE ASSIGNMENT OF MEDIATORS ( 1) The parties may select a mediator of their own choosing; however, if the mediator is not on the list of court-approved mediators, the expense of the mediator will be the re sponsibility of the parties. ( 2) In the absence of a mediator selected by the parties, the court will appoint a mediator f rom the court-approved list of mediators. 1 2.032 AUTHORITY OF MEDIATORS ( 1) A mediator has the authority and control over the mediation process; but a mediator has no control or authority over the parties or their decisions in the case. ( 2) A mediator has the authority to include and exclude attorneys from the mediation se ssions unless otherwise agreed to by the mediator and the parties, in writing. ( 3) A mediator will encourage disputing parties to obtain individual legal advice and individual legal review of any mediation agreement before signing the agreement. ( 4) A mediator must not act as a lawyer for either party. 19th Judicial District - Columbia County Circuit Court Supplementary Local Rules 2026 21 12.041 SCHEDULING OF MEDIATION SE SSIONS (1) U pon notification of a mediation assignment, unless the initial session is scheduled through the court, the mediator shall immediately notify the parties of a reasonable date(s) and time(s) for the mediation sessions. The initial mediation session should occur within twenty-one (21) days of the mediator’s first notice of assignment. (2 ) Mediation shall be completed in a prompt manner so as to not unduly delay the court and in no event later than any deadline date which may be ordered by the court. Mediator’s invoice and report shall be filed with the court within 90 days of assignment, unless there are unforeseen circumstances, and the mediator has provided notice to the court concerning why this requirement cannot be met. 12.042 MEDIATOR’S REPORT TO THE COURT (1) I n all cases which have been referred to a court-appointed mediator, the mediator must make a final report to the court describing the conclusion of the mediation, whether successful or unsuccessful. (a ) Successful Mediation The mediator must prepare a written memorandum of any agreement which the parties have reached as a result of mediation. The unsigned, proposed form of the memorandum of agreement must be distributed to the parties and their counsel by the mediator. If the parties choose to sign a memorandum of agreement after having had the opportunity to review with an attorney, the document may then be incorporated into a court judgment or order. (b) Unsuccessful Mediation The mediator may notify the court at any time following the initial mediation session involving the parties and the mediator that mediation has been unsuccessful, in which case the proceeding will be scheduled for hearing in the same course and with the same priority as if there had been no mediation. The mediator may determine that the mediation has been unsuccessful if the parties are unable to resolve the custody or parenting time controversy, if one or both parties are unwilling to participate in mediation, or if the mediator determines that either party is using the mediation process in bad faith for the delay of resolution of other issues. 12.051 COMPENSATION OF MEDIATORS (1) I n issues subject to mandatory mediation under these rules, Columbia County will compensate the mediator at an hourly rate set by order of the Presiding Judge, up to a maximum of six (6) hours per case. The funding source will be fees collected pursuant to ORS 107.615. (2 ) Columbia County shall not pay for any mediation expenses beyond the six (6) hours authorized under subsection (1) without preapproval and a signed court order in the court file authorizing the additional time. An additional two (2) hours of mediation may be requested by submitting the court form “Request and Order for Additional Mediation,” available on the court’s website. The form shall be submitted by email to 19th Judicial District - Columbia County Circuit Court Supplementary Local Rules 2026 22 the domestic relations general email (Columbia.DomRel@ojd.state.or.us). ( 3) In issues not involved in mandatory mediation, the parties may agree to mediate with the court-appointed mediator; but the compensation arrangements must be between the parties and the mediator, as they may agree in writing, and the compensation rate must be negotiated by and between the parties and the mediator. ( 4) If the parties select a mediator who is not on the court-approved list, the compensation must be fixed by agreement between the parties and the mediator and will be the re sponsibility of the parties. 1 2.061 SMALL CLAIMS MEDIATION M ediation in small claims cases is mandatory. After a demand for hearing is filed, both parties will be notified by mail of the date they are to appear for mediation. Any counterclaims will be heard at the same time. Request for a change in the mediation date must be in writing and received by the court no later than seven (7) days before the scheduled mediation date. ( 1) All contested small claims cases must be referred to mediation pursuant to ORS 36.185. ( 2) All parties must appear for mediation. A party not appearing for mediation may have a judgment entered against them subsequent to an opportunity for a hearing. An a uthorized representative may appear on behalf of a business but must be familiar with the facts of the case and must have full authority to settle. Attorneys will not be permitted to attend a small claim mediation session. ( 3) If mediation is not successful, a trial will take place. Trials may be set for a future date. I f mediation is successful, the agreement will be forwarded to a judge for approval. ( 4) If the agreement states that one party will have judgment against the other, the judgment is entered in the records as an enforceable judgment. If the agreement call s f or the recovery of money, specific personal property or any penalty or forfeiture, and the party who owes the debt does not abide by the agreement, the party who is owed is responsible for enforcing the judgment. ( 5) If the agreement does not state that one party will have judgment against the other, the signed agreement is entered in the case as a stipulated order. If one party fails to comply with the terms of the agreement, the other party can file an affidavit of non- compliance within six months of the date of the stipulated order, which, if approved by a judge, will convert the stipulated order into a judgment for the original claim, le ss w hat the debtor has already paid. The creditor’s filing fees, service costs, and a p revailing fee for a default will be added. After six months, if one party fails to comply with the signed order, a new case must be filed. 19th Judicial District - Columbia County Circuit Court Supplementary Local Rules 2026 23 CHAPTER 13 - A RBITRATION 1 3.031 ARBITRATION COMMISSION T he Arbitration Program will function under the direction of an Arbitration Commission, appointed by the Presiding Judge. 1 3.041 REFERRING CASES TO ARBITRATION C ases which are otherwise subject to arbitration will be referred to arbitration as follows: ( 1) Within twenty (20) days of the date on which the Answer is filed, or ( 2) If no Answer has been filed, but the return of service has been received, within ninety (90) d ays of the date the Complaint is filed, or ( 3) At any time as specifically directed by the Presiding Judge. 1 3.091 ARBITRATION PANEL ( 1) The Columbia County Arbitration Panel will consist of individuals selected by the Arbitration Commission and having the following qualifications: ( a) An attorney with at least five (5) years continuous practice of law in Oregon including significant experience in civil litigation, with a present emphasis in his or her practice of law on civil litigation; or (b) State of Oregon retired or senior judge. ( 2) The parties may stipulate to any arbitrator. ( 3) The panel will be selected by the Arbitration Commission subject to approval of the presiding judge. ( 4) A person desiring to serve as an arbitrator must complete an information sheet on the form prescribed by the court. A list showing the names of the members of the Arbitration Panel will be available for public inspection in the Arbitration Clerk's office. Execution of the form, oath and agreement to serve must be completed and filed befor e an ap plicant is eligible to arbitrate a case. ( 5) Refusal and Disqualification - The appointment of an arbitrator is subject to the right of that person to refuse to serve. An arbitrator must notify the Arbitration Clerk immediately if refusing to serve, or if any cause exists for the arbitrator's disqualification from the case upon any grounds of interest, relationship, bias or prejudice governing the disqualification of judges. ( 6) If disqualified, the arbitrator must immediately return all materials in the case to the Arbitration Clerk and the assignment of the case to arbitration will be repeated. 19th Judicial District - Columbia County Circuit Court Supplementary Local Rules 2026 24 (7) No a rbitrator will have more than three (3) arbitration cases pending at any given time. 13.121 COMPENSATION OF ARBITRATORS - CIRCUIT COURT CASES ( 1) The Arbitration Commission must establish a compensation schedule for arbitrators. The fee will be paid in equal shares by the parties within fourteen (14) days after the assignment of the arbitrator and will be deposited in the arbitrator's trust account until final disposition of the action. After final disposition, any refunds then owing will be paid within seven (7) business days. ( 2) The maximum fee per case established by the Arbitration Commission is $750.00 except under extraordinary conditions when the procedural or substantive "complexity" of the matter justifies a higher fee. ( 3) For the purpose of this rule, "complexity" refers to the multiplicity of parties and their re presentative claims, but may include other factors. If the arbitrator suggests that such extraordinary conditions justify a larger fee, and the parties concur, the fee will be adjusted accordingly and will be paid in full by the respective parties prior to the commencement of the arbitration hearing. If the parties do not concur with the highe r f ee, the arbitrator will bring the matter to the attention of the Presiding Judge before the commencement of the arbitration hearing. In such circumstances, the Presiding Judge may authorize a higher arbitrator's fee which must be paid before th e c ommencement of the arbitration hearing, but in no event more than fourteen (14) days following the court's written approval. ( 4) If the plaintiff fails to pay the prescribed fee within fourteen (14) calendar days of a ssignment, the court may exercise its authority under UTCR 1.090 to strike the complaint which constitutes dismissal of the proceedings, absent relief prescribed by ORS 36.420(3). ( 5) If the defendant fails to pay the prescribed fee within fourteen (14) calendar days of a ssignment, the court may exercise its authority under UTCR 1.090 to impose an appropriate sanction. 13.122 INDIGENT PARTIES ( 1) In the event that funds are available under ORS 36.420 for the payment of fees that are waived or deferred, the arbitrator will be reimbursed after completion of the arbitration, filing of the arbitration award, and submission of a request for payment to the Trial Court Administrator. Such request must be in the form of a certificate stating the identity of the case, the total hours of service the arbitrator provided, and the share of those hours chargeable to the indigent party. If funds are available, reimbursement wi ll be provided for up to three (3) hours for each indigent party. The certificate must be accompanied by a copy of the order waiving or deferring fees of indigent party. 19th Judicial District - Columbia County Circuit Court Supplementary Local Rules 2026 25 (2) I n the event funds are not available under ORS 36.420 for the payment of fees that are waived or deferred by court order, a party may request that the clerk provide to the parties a list of arbitrators who have agreed to serve for no compensation, for c ompensation from one (1) party only, or at a reduced rate. ( 3) The clerk will provide names of available arbitrators, but no arbitrator is required to serve unless he or she has agreed to such alternate fee arrangement. The parties wi ll se lect an arbitrator from the list. 1 3.281 TRIAL SETTINGS ON ARBITRATION CASES WHERE A MOTION FOR DE NOVO TRIAL IS FILED E very case in which a request for a trial de novo is filed will be set for trial within sixty (60) days of the date that the motion for a trial de novo is filed.