SLR 4-7.045: MOTION FOR CHANGE OF JUDGE

(1) If a judge is assigned at Call or at a case assignment or scheduling conference before the Presiding Judge and a party intends to file a motion for a change of the judge assigned, the intention to file the motion must be announced at the time of assignment. An original and one copy of a motion, order, and supporting affidavit must be presented to the Presiding Judge at ex parte by the close of business on the next judicial day. Failure to submit all three documents timely, with the copy, will result in sanctions as provided by UTCR 1.090. The requesting party is responsible for serving a copy of the motion, affidavit and unsigned order on the judge being disqualified before presentation to the Presiding Judge and each other party to the action who is not in default. For Hearing Referees/Pro-tem judges the copy shall be delivered to the Court Administrator’s office. (2) For Judges assigned by order of the Presiding Judge where the order did not arise at Call or a case assignment or scheduling conference, the following procedures shall apply: (a) If a party is notified at an ex parte appearance of the name of the assigned motion judge and the party intends to disqualify the assigned judge, the party must announce the intent to the Presiding Judge at the time of assignment and present to the Presiding Judge at ex parte by the close of the next judicial day an original and one copy of the motion, order and affidavit. Failure to submit all three documents timely, with the copy, will result in sanctions as provided by UTCR 1.090. The requesting party is responsible for serving a copy of the motion, affidavit and unsigned order on the judge being disqualified before presentation to the Presiding Judge and each other party to the action who is not in default. For Hearing Referees/Pro-tem judges the copy shall be delivered to the Court Administrator’s office. (b) In any other situation than set out in subsection (a), if a party intends to disqualify the assigned motion judge, that party must, by the close of the next judicial day after receiving actual notice of the judge assigned, appear at ex parte to present an original and one copy of a motion, order, and affidavit. The requesting party is responsible for serving a copy of the motion, affidavit and unsigned order on the judge being disqualified before presentation to the Presiding Judge and each other party to the action who is not in default. For Hearing Referees/Pro-tem judges the copy shall be delivered to the Court Administrator’s office. (c) If a motion for change of judge under this provision is allowed, the Presiding Judge may assign a replacement judge and announce that assignment at the ex parte presentation required under subsections (a) and (b) above. Actual notice of the new assignment must be provided to all appearing parties by the party appearing at ex parte. If a new judge is not announced at the ex parte proceeding, a written notice of the new assignment will be provided by the court to each appearing party by sending it to the party’s electronic or US Postal Service mailing address for purposes of the action. (3) If a judge is assigned in any other manner, an original and one copy of a motion order and supporting affidavit, must be presented to the Presiding Judge at ex parte by the close of the judicial day following actual notice of the assignment. A copy of the motion, affidavit and unsigned order must be served on the judge being disqualified by the moving party before presentation to the Presiding Judge and each party to the action who is not in default. For Hearing Referees/Pro-tem judges the copy shall be delivered to the Court Administrator’s office. (4) For the purposes of (1), (2), and (3) above, the 1:30 PM ex parte session is the last opportunity to present this motion; a motion for change of judge may not be submitted after the 1:30 PM ex parte session has ended. (5) In small claims, FEDs, violations and misdemeanor offenses, the Presiding Judge may assign a motion for change of judge to another judge for decision. (6) For purposes of ORS 14.250 et seq. and this rule, a judge who enters rulings or orders in any arraignment, pre-trial release request at the time of arraignment, Trial Readiness hearing pursuant to SLR 7.015, or daily Call pursuant to SLR 7.055, shall not be considered to have ruled on a particular matter within the meaning of ORS 14.260(3). A party shall not waive any right pursuant to ORS 14.250 et seq. as to such judge by failing to move for change of judge at the time of appearance before such judge at any proceeding listed in this paragraph.