SLR 4-4.012: SCHEDULING MOTIONS IN FELONY AND MISDEMEANOR CRIMINAL ACTIONS

CRIMINAL ACTIONS Except for motions filed under SLR 4.025 and 4.065, or as otherwise provided in this rule, any filed motion must be scheduled for hearing by the moving party. (1) Scheduling Motions Filed Prior to Trial or the court’s Acceptance of a Plea of Guilty on a Charge: (a) Motions in cases specially assigned to a specific judge for all purposes are directed to the assigned judge’s department (b) Motions in all other cases may be set by calling 971-274-0545 or emailing mul.criminal@ojd.state.or.us only after the motion is filed and notice to opposing counsel has been given. (c) Unless directed otherwise, motions in felony cases will be set on a Presiding Court assignment docket and sent out for a hearing the following day. Motions in misdemeanor cases will be set on the CPC docket or on another docket depending on the nature of the hearing and will be heard at the assigned date and time. See SLR 4.109 for substitution of counsel motions (d) In setting motion hearings, the High Volume Case Processing department follows policies as set by the Presiding Judge or the Chief Criminal Judge. (e) Every motion submitted by stipulation or ex parte must be submitted with a corresponding order for judicial signature. Motions requiring hearings should not be submitted with a proposed order at the time of filing. (See SLR 4.012 for the process of setting criminal motions). Following a motion hearing, in the absence of a minute order from the court, it is the responsibility of the prevailing party to draft an order incorporating the ruling and to submit it to the proper judge. (f) All judgments, orders, and other documents requiring the signature of a specific judge shall be sent directly to that judge. The judge’s name must appear in parentheses in the case caption below the document title. Orders and judgments submitted to Presiding Court ex parte should not contain a judge’s name in the case caption. (2) For Motions Filed During or After Trial or After the Court has Accepted a Plea of Guilty on a Charge: (a) Except for matters that may be assigned to the CPC docket, any motion filed at trial, post trial or post plea including any matters related to sentencing, must be set for hearing by contacting the office of the judge who presided over the trial or plea. (b) If a motion is filed after sentencing, and the sentence was to a period of probation and a probation judge was assigned who was not the sentencing judge, the motion must be set by contacting the probation judge. This does not apply to show cause orders or probation violation hearings set on the Probation Violation dockets in JC2. (c) If a judge is no longer in office, then the motion must be set by contacting the successor in office in that circuit court department. Information regarding which judge should be contacted to set a motion for hearing under this subsection may be obtained by calling High Volume Case Processing. (d) If the motion arises from a trial or plea presided over by a Senior Judge or a Judge Pro Tempore, and that judge is no longer appointed to sit in this judicial district, then information regarding which judge should be contacted to set a motion for hearing under this subsection may be obtained by calling High Volume Case Processing. (e) If a judge is requested to set a motion for hearing, and the judge determines that the court lacks jurisdiction over the matter, then the motion will not be set for hearing.