SLR 4-5.025: CIVIL EX PARTE MATTERS

(1) Ex parte matters shall be heard each judicial day before the Presiding Judge or designee at 10:30 AM or at 1:30 PM. Ex parte matters in designated “complex” cases or cases assigned to a judge for “all matters” must be presented to the assigned judge. (2) Contested matters, unless otherwise allowed by these rules, shall not be presented at ex parte. Such matters shall be subject to the requirements of SLR 5.015. Only the following contested matters may be presented at ex parte: (a) Application for a temporary restraining order under ORCP 79 (B)(1), when the adverse party appears and is permitted by the court to address the merits of the request. (b) Motion to Set Aside a Default Order (c) Motion for Sitting Judge for Summary Judgment (d) Motion for Attorney Withdrawal (e) Extension of Time to Respond to Summary Judgment when Assigned to Judge Pro Tempore (3) Except as otherwise allowed by statute or waived or consented to by the opposing party, any party seeking ex parte relief must provide one judicial days’ notice to the opposing party of the date, time and court where the ex parte relief will be sought. A party appearing will be required to advise the court if they have had contact with the opposing party prior to the ex parte appearance, and the opposing party’s position on the matter presented to the court. Parties appearing at ex parte for purposes of compliance with timelines under SLR 7.045, Motion for Change of Judge, are excused from the one-day notice requirement of this rule but must provide the notice prior to the ex parte appearance. (4) Ex parte motions must be accompanied by a proposed order unless otherwise instructed by the court.