UTCR 7.020: SETTING TRIAL DATE IN CIVIL CASES

(1) After service is made, the serving party must forthwith file the return or acceptance of service with the trial court administrator.

(2) If any return or acceptance of service has not been filed by the 63rd day after the filing of the complaint, written notice shall be given to the plaintiff that the case will be dismissed against each unserved defendant for want of prosecution 28 days from the date of mailing of the notice unless one of the following occurs:

(a) Proof of service is filed within the time period.

(b) Good cause to continue the case is shown to the court on motion supported by affidavit and accompanied by a proposed order.

(c) The defendant has appeared.

(3) If proof of service has been filed and any defendant has not appeared by the 91st day from the filing of the complaint, the case shall be deemed not at issue and written notice shall be given to the plaintiff that the case will be dismissed against each nonappearing defendant for want of prosecution 28 days from the date of mailing of the notice unless one of the following occurs:

(a) An order of default has been filed and entry of judgment has been applied for.

(b) Good cause to continue the case is shown to the court on motion supported by affidavit and accompanied by a proposed order.

(c) The defendant has appeared.

(4) If all defendants have made an appearance, the case will be deemed at issue 91 days after the filing of the complaint or when the pleadings are complete, whichever is earlier.

(5) The trial date must be no later than one year from date of filing for civil cases or six months from the date of the filing of a third-party complaint under ORCP 22 C, whichever is later, unless good cause is shown to the presiding judge or designee.

(6) Parties have 14 days after the case is at issue or deemed at issue to:

(a) Agree among themselves and with the presiding judge or designee on a trial date within the time limit set forth above.

(b) Have a conference with the presiding judge or designee and set a trial date.

(7) If the parties do neither (a) nor (b) of (6) above, the calendar clerk will set the case for trial on a date that is convenient to the court. 1987 Commentary: Nothing in this rule precludes a court from issuing its trial notices prior to 91 days after filing of the complaint. 1988 Commentary: It is recognized that some cases may not be appropriate for trial setting “in the ordinary course” of the court’s business. Special settings of trial dates in complex or other appropriate cases is permissible and may be initiated by any party or the court.