SLR 4-2.065: APPOINTMENT OF INVESTIGATOR; FILING AND SERVICE OF REPORT

REPORT (1) Upon the filing of a Petition for determination of a way of necessity pursuant to ORS 376.150 et seq., petitioner shall appear before the Presiding Judge at ex parte and present a motion for an Order Appointing Investigator under ORS 376.200(5). (2) The affidavit in support of the motion shall reflect the amount of the bond or security deposit posted by the petitioner for payment of the investigator, and that the petitioner is prepared to pay the amount of any deficiency as required by ORS 376.200 (5). The court may set a higher amount to be posted by the petitioner. A motion will not be allowed until the full bond or security deposit set by the court is posted. (3) The submitted form of Order Appointing Investigator shall reflect the name, address and telephone number of the investigator requested to be appointed by the court, specify the date, within 90 days, on which the investigator must file the report with the court, and state that the investigator shall file the original report with the court, and send a copy to the Petitioner. (4) A copy of the motion, affidavit and submitted form of Order Appointing Investigator shall be served, along with the Petition, upon the respondents.