SLR 4-5.016: SUMMARY JUDGMENT MOTIONS

(1) Parties are encouraged to file any summary judgment motions as soon as possible. The Court may be unable to schedule hearings and decide summary judgment motions prior to the scheduled trial date for parties who wait to file a summary judgment motion until close to the ORCP 47C deadline of 60 days prior to the trial date. (2) In all cases other than cases designated as complex cases, a motion for summary judgment will be assigned to be heard by an attorney appointed by the Supreme Court to serve as a judge pro tempore. Within one business day of filing a motion for summary judgment, the moving party must send an email to mul.civil@ojd.state.or.us to obtain a judge pro tem assignment and a hearing date. (3) A judge pro tempore assigned to hear a summary judgment motion will also hear any motions regarding the summary judgment record, including motions to strike evidence submitted by a party in support of or in opposition to a summary judgment motions. However, any motions unrelated to the summary judgment record or motion, such as a motion to amend pleadings or a motion to compel discovery will be heard by the assigned motions judge in accordance with SLR 5.015. (4) Upon a timely request by any party, the court will reassign a summary judgment hearing to a Sitting Judge. To be timely, the party requesting reassignment must present a Motion and Order to Reschedule Summary Judgment Hearing in Front of a Sitting Judge (Forms 05-78A and 05-78B) to the Presiding Judge at ex parte within 5 judicial days of the initial assignment to a judge pro tempore. The moving party is responsible for contacting the assigned sitting judge and scheduling the hearing on the summary judgment motion. (5) The moving party must provide to all parties notice of the time, date, and location set for the summary judgment hearing, and the name of the judge who will hear the summary judgment motion. Notice to the parties may be by any means of communication to which the parties mutually have agreed. If there is no agreement as to the means for giving notice, then notice must be given in writing and delivered to each party. The moving party shall have the burden of proving proper notice was provided to all parties. Failure to provide notice of a hearing’s time, date and location as required by this section may result in sanctions as provided by UTCR 1.090, including striking the underlying motion. (6) Any party requesting to reschedule a summary judgment hearing assigned to a judge pro tempore but not requesting reassignment to a sitting circuit court judge must present a Motion and Order to Reschedule Summary Judgment Hearing (Forms 05-44A and 05- 44B) to the Presiding Judge at ex parte. (7) Any party requesting to reschedule a summary judgment hearing assigned to a Sitting Judge must present the request to the assigned judge. (8) Unless the assigned summary judgment judge orders otherwise, the parties must deliver a courtesy copies of the summary judgment motion and all documents filed in support of the motion or in opposition to the motion, including memoranda and evidentiary submissions, to the assigned summary judgment motion judge when the motion and other documents are filed with the Court or when the summary judgment motion judge is assigned, whichever occurs first. The parties should consult with the staff of the assigned summary judgment motion judge to determine whether the judge would prefer electronic copies or hard copies of the parties’ summary judgment motion papers.