UTCR 5.100: SUBMISSION OF PROPOSED ORDERS OR JUDGMENTS

(1) Except as provided in subsection (3) of this rule, any proposed judgment or proposed order submitted to the court for signature must be:

(a) Served on each attorney not less than three days prior to submission to the court, or

(b) Accompanied by a stipulation by each attorney that no objection exists as to the judgment or order, or

(c) Served on a self-represented party not less than seven days prior to submission to the court and be accompanied by notice of the time period to object.

(2) Except as provided in subsection (4) of this rule, any proposed judgment or order submitted to the court must include, following the space for judicial signature, a dated and signed certificate that describes:

(a) The manner and date of compliance with any applicable service requirement under this rule; and

(b) The reason that the submission is ready for judicial signature or otherwise states that any objection is ready for resolution, identifying the reason in substantially the following form: “This proposed order or judgment is ready for judicial signature because: “1. [ ] Each party affected by this order or judgment has stipulated to the order or judgment, as shown by each party’s signature on the document being submitted. “2. [ ] Each party affected by this order or judgment has approved the order or judgment, as shown by each party’s signature on the document being submitted or by written confirmation of approval sent to me. “3. [ ] I have served a copy of this order or judgment on each party entitled to service, on date _____, and: “a. [ ] No objection has been served on me. “b. [ ] I received objections that I could not resolve with a party despite reasonable efforts to do so. I have filed a copy of the objections I received and indicated which objections remain unresolved. “c. [ ] After conferring about objections, [role and name of objecting party] agreed to independently file any remaining objection. “4. [ ] Service is not required pursuant to subsection (3) of this rule, or by the following statute, rule, or otherwise: _____. “5. [ ] Each other party previously filed a waiver of appearance. “6. [ ] This is a proposed judgment that includes an award of punitive damages and notice has been served on the Director of the Crime Victims’ Assistance Section as required by subsection (5) of this rule. “7. [ ] Other: _________________________________________.”

(3) The requirements of subsection (1) of this rule do not apply to:

(a) A proposed order or judgment presented in open court with the parties present;

(b) A proposed order or judgment for which service is not required by statute, rule, or otherwise, provided that the submitting party sets out the specific legal basis for why service is not required;

(c) A proposed order or judgment in a proceeding in which all other parties previously filed waivers of appearance;

(d) A proposed judgment subject to UTCR 10.090;

(e) An uncontested probate or protective proceeding, or a petition for appointment of a temporary fiduciary under ORS 125.605(2);

(f) Matters certified to the court under ORS 25.515, ORS 25.550, ORS 25.552, and ORS 25.531, unless the proposed order or judgment is ready for judicial signature without hearing; and

(g) A proposed order allowing attorney resignation under UTCR 3.140.

(4) The requirements of subsection (2) of this rule do not apply to a proposed order or judgment presented and signed in open court with the parties present.

(5) Any proposed judgment containing an award of punitive damages shall be served on the Director of the Crime Victims’ Assistance Section, Oregon Department of Justice, 1162 Court Street NE, Salem, OR 97301, not less than three days prior to submission to the court.

(6) The certificate required under subsection (2) may be combined with any certificate of service required by another statute or rule. Reporter’s Note (August 1, 2021): This rule does not apply in the following types of cases: criminal; proposed orders setting aside a record of arrest under ORS 137.225; contempt cases seeking punitive sanctions; juvenile under ORS chapter 419A, 419B, or 419C; or violations, parking violations, or small claims (see UTCR 1.010(3)). Nothing in this rule prohibits a court from adopting an SLR that applies this rule to matters under SLR chapters other than chapter 5.

Pursuant to UTCR 1.130, computation of UTCR time requirements is subject to ORCP 10.