UTCR 8.120: INFORMAL DOMESTIC RELATIONS TRIAL

(1) Upon the consent of both parties, Informal Domestic Relations Trials may be held to resolve any or all issues in original actions or modifications for dissolution of marriage, separate maintenance, annulment, child support, and child custody filed under ORS chapter 107, ORS chapter 108, ORS 109.103, and ORS 109.701 through 109.834.

(2) The parties may select an Informal Domestic Relations Trial at any time before trial commences by filing either a Domestic Relations Trial Process Selection form (traditional or informal trial) in substantially the form provided at www.courts.oregon.gov/forms or making such selection orally on the record. If the selection is made orally, the judicial officer accepting the parties’ selection must ensure the parties agree to the items identified on the form provided at www.courts.oregon.gov/forms. This form must be accepted by all judicial districts. SLR 8.121 is reserved for the purpose of making such format mandatory in the judicial district and for establishing a different time for filing the form that is more consistent with the case management and calendaring practices of the judicial district.

(3) The Informal Domestic Relations Trial will be conducted as follows:

(a) At the beginning of an Informal Domestic Relations Trial the parties will be asked to affirm that they understand the rules and procedures of the Informal Domestic Relations Trial process, they are consenting to this process freely and voluntarily, and they have not been threatened or promised anything for agreeing to the Informal Domestic Relations Trial process.

(b) The court may ask the parties or their attorneys for a brief summary of the issues to be decided.

(c) The moving party will be allowed to speak to the court under oath concerning all issues in dispute. The party may not be questioned by an attorney, but may be questioned by the court to develop evidence required by any statute or rule, for example, the applicable requirements of the Oregon Child Support Guidelines if child support is at issue.

(d) The parties will not be subject to cross-examination. However, the court will ask the nonmoving party or their attorney whether there are any other areas the party wishes the court to inquire about. The court will inquire into these areas if requested and if relevant to an issue to be decided by the court.

(e) The process in subsections (3)(c) and (3)(d) is then repeated for the other party.

(f) Expert reports will be received as exhibits. Upon the request of either party, the expert will be sworn and subjected to questioning by the parties, their attorneys, or the court.

(g) The court will receive any exhibits offered by the parties. The court will determine what weight, if any, to give each exhibit. The court may order the record to be supplemented.

(h) The parties or their attorneys will then be offered the opportunity to respond briefly to the statements of the other party.

(i) The parties or their attorneys will be offered the opportunity to make a brief legal argument.

(j) At the conclusion of the case, the court shall render judgment. The court may take the matter under advisement, but best efforts will be made to issue prompt judgments.

(k) The court may modify these procedures as justice and fundamental fairness requires.

(4) The court may refuse to allow the parties to utilize the Informal Domestic Relations Trial procedure at any time and may also direct that a case proceed in the traditional manner of trial even after an Informal Domestic Relations Trial has been commenced but before judgment has been entered.

(5) To opt out, a party who has previously agreed to proceed with an Informal Domestic Relations Trial must notify the parties and the court at any time before trial commences. A change in the type of trial to be held may result in a change in the trial date.