SLR 4-16.065: RELIEF FROM DEFAULT JUDGMENT

(1) General Rule. In accordance with ORS 153.105, the recipient of a violation citation against whom a default judgment has been entered may file a motion to set aside the judgment within a reasonable time after entry of the judgment, not to exceed one year. A timely motion, including the recipient’s declaration, will be granted if it demonstrates the entry of default was due to mistake, inadvertence, surprise or excusable neglect. (2) Special Rule—Violation Citations Issued Through Electronic Enforcement of the Oregon Vehicle Code (a) In accordance with the court’s inherent power to modify a judgment within a reasonable time, and subject to the further requirements of this section, a motion seeking relief from a default judgment entered on a violation citation issued as a result of electronic enforcement of the Oregon Vehicle Code, ORS 810.434 through ORS 810.439, will be granted if the recipient establishes that the recipient lacked notice of the citation prior to entry of judgment and filed the motion under this section promptly after receiving actual knowledge of the citation. (b) For purposes of this section, “lacked notice of the citation” means the recipient did not know of the citation and could not have known of the citation through the exercise of ordinary diligence. (i) If the recipient’s motion is submitted to the court within one year from entry of the default judgment, the standard specified in this subsection may be met with any credible evidence. (ii) If the recipient’s motion is submitted to the court after one year, but within three years, from entry of the default judgment, the standard specified in this subsection may be met with proof of change of residence (up to six months prior to issuance of the citation and up to 60 days after issuance); proof of misappropriation, misdirection or nondelivery of mail; or submission of other clear and convincing evidence. (iii) If the recipient’s motion is submitted to the court after three years from entry of the default judgment, the standard specified in this subsection may only be met with a showing of extraordinary and compelling circumstances, including but not limited to continuous incarceration, continuous absence from the jurisdiction or debilitating medical condition. (3) Procedure (a) A motion submitted under this Rule must be in writing and include the court case number or citation number and an explanation as to why relief should be granted. (b) A judicial officer will decide each motion submitted in accordance with this Rule and issue an Order reflecting the judicial officer’s decision. In all events, it is the requesting party’s burden to determine whether the motion for relief from default judgment has been granted or denied.