A number of family law motion procedures have recently changed. Please see below for detailed information about these new processes. If you are unsure of whether or not something needs to be scheduled for hearing, please contact the Calendaring Unit, or the Family Court Specialist if you are not represented by an attorney. For complete Family Law Motion Processing Guide, refer to page 25 of the Lawyer Survival Guide.
Orders to Show Cause
In Clackamas County, many domestic relations Orders to Show Cause are set for hearing and require a personal appearance by the parties. Modifications underORS 107.135, however, requires a written response prior to a hearing being set. For orders that require a personal appearance, the court will not grant a default order/judgment based on the opposing party’s failure to file a written response with the court within 30 days of service. Additional details about “How to Get an Order to Show Cause for Personal Appearance (Non-Modifications) Signed in Clackamas County Circuit Court” are available in the Lawyer Survival Guide on page 59.
Modifications of Judgment (ORS 107.135)
Effective December 2015, pursuant to SLR 8.051
, Orders to Show Cause re Modification of Judgment require the opposing party to file a written response in answer to the Motion within 30 days of service. A hearing date will be set by the court upon receipt of the opposing party’s response and fee (or approved deferral/waiver).
Click here to review SLRs
Pursuant to UTCR 8.050(1)
, the initiating documents must contain summons language in the form set out in ORCP
7. This notice may be a separate document or included in the Order to Show Cause or Motion. Additionally, if support is to be an issue, a Uniform Support Declaration, as set out in Form 8.010.5 (UTCR Appendix of Forms
) must also be filed with the Motion and completed as provided under subsection (4) of UTCR 8.010
. Form more information, please review the UTCRs
Lastly, SLR 8.051(2)
requires the Order to Show Cause include the local Notice about a Written Response to a Petition or Motion to Modify Filed in Clackamas County Circuit Court. This notice is available on the Court’s website, under the Modification packet heading.