SLR 4-9.025: HOW MATTERS FOR PROBATE ARE TO BE PRESENTED; CONFERENCE; HEARING; EMERGENCIES

CONFERENCE; HEARING; EMERGENCIES (1) Probate matters requiring authorization, approval, or signature of the Chief Family Law Judge or designee shall first be presented to the Probate Department of the Civil Division for review. If the matter is assigned to a judge other than the Chief Family Law Judge or designee, the party presenting it shall so advise the Probate Department’s staff. (2) If the matter cannot be approved without an appearance, the party will be so advised and the matter will be set for conference, or hearing. (3) Hearings may be scheduled by request to the Probate Department. Before requesting a hearing, counsel should confer with other counsel and/or self-represented litigants and advise the Probate Department staff of the estimated time required. (Refer to SLR 8.012 and 8.015 for “trial/assignment” process.) (4) Probate Short Matters Docket, items that will take no more than 10 minutes, are heard Monday through Friday at 8:15 AM, and must be prearranged with the Probate Department. A motion, declaration and order requesting a set over of a Probate Short Matters Docket must be submitted three (3) business days before the hearing, otherwise the Short Matters Docket appearance shall be required. (5) When an assignment is made to a specific judicial officer at the Probate Short Matters Docket, 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. The original motion, declaration, and proposed order shall be submitted conventionally (in paper) to the Chief Family Law Judge (or in that Judge’s absence, to that Judge’s designee) by the close of business on the judicial day following notice of the assignment. The moving party shall include with that submission a certificate of service documenting that service of the motion, affidavit, and proposed order has been effected on the other parties and a copy of those documents delivered to the Judge who is the subject of the motion. A new judge will not be designated/assigned until the Chief Family Law Judge has approved and signed the proposed order. (6) If a probate matter is expected to take six hours or longer, the parties must contact the Probate Department and ask for a Probate Short Matters Docket appearance to request a specially assigned judge. No motion, declaration, or proposed order is required. (7) If the primary means of service required per statute is unsuccessful or impossible (personal service or mailed service), a motion, declaration, and order allowing publication or alternative service must be filed. The motion or declaration in support must describe the efforts made to locate the person entitled to notice. While publication of notice is specifically allowed per ORS 125.065(2) and 111.215(3)(e), this Court requires prior approval for alternative service to ensure that reasonable efforts to locate the party for service have been made and that the proposed form of alternative service is the most reasonable to result in effective notice.