SLR 3-5.065: SHOW CAUSE ORDERS, OTHER THAN FOR CONTEMPT

(1) Motions for Show Cause Orders (other than for Contempt of Court) must separately state each item of relief requested by the moving party. Such motions may not state the requested relief by reference to a supporting affidavit. (2) Unless otherwise specifically required by statute or ORCP or specifically directed by the Court, Show Cause Orders (other than for Contempt of Court) shall not require the personal appearance of the opposing party and shall not set a time certain for response by the opposing party. (3) When the Show Cause Order deals with temporary relief and when served within the State of Oregon, such orders shall require the opposing party to file a Response in writing to the Order within 10 days from the date of service of the Order upon the opposing party, except that no respondent in an action arising under ORS Chapter 107 and ORS Chapter 109 shall be required to file a Response before the time required by law to respond on the summons in the case. (4) When the Show Cause Order deals with permanent relief or when it is served outside of the State of Oregon or by publication, the order shall require the opposing party to file an answer in writing within 30 days from the date of service or the date of first publication, whichever the case may be. (5) Show Cause Orders which do not require the personal appearance of the opposing party shall contain or have attached a NOTICE which is in substantial conformity with the NOTICE set forth in Appendix A to these Rules. Service of such Orders shall be accomplished by serving upon the opposing party a true copy of the Order (with the NOTICE incorporated therein or attached thereto) together with a true copy of the motion and order and true copy of the affidavit submitted in support of the motion. (6) If a Show Cause Order does not require the personal appearance of the opposing party and the opposing party fails to file a written Answer to the Show Cause Order within the time allowed by the Order, the moving party may present ex parte, an Order granting relief sought by the moving party, providing the return of service of the Show Cause Order has been filed of record or is presented with the proposed ex parte Order. The court, in its discretion, may allow or deny the requested relief in whole or part, ex parte, or the court may direct that a hearing be scheduled for the presentation of additional evidence in support of the relief sought by the moving party. (7) Show Cause Orders (other than for Contempt of Court) which, under ORCP or by direction of the Court, require the personal appearance of the opposing party, shall specifically state that the opposing party must appear in person before the court at the time stated in the Order and shall further specifically state either that such appearance is for the purpose of setting a hearing on the merits of the relief sought by the moving party, or that such appearance is for the purpose of a hearing on the merits of the relief sought by the moving party, as the case may be. Chapter 6: Trials