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Motions

Filing a Motion

The following samples of motions have been designed and are provided for individuals who are filing a motion on their own behalf. You are advised to review the Oregon Rules of Appellate Procedure (ORAP) for additional information on filing requirements.

There is also information for attorneys regarding eFiling under the FAQ section.

Motion for Time Sample Motion to Dismiss Sample

Frequently Asked Questions (FAQs):

​Yes. All documents including motions must be served on all adverse parties to the case, and have a Certificate of Service showing the party's name, address you served them at, and date of service. You must also serve the Transcript Coordinator in addition to the adverse parties if you are filing a motion to dismiss if the transcript has not been filed.​

​No. Affidavits, supporting documents, and any other documents that relate to the motion your are eFiling must be filed together as one document. If the document is larger than 25MG, you can eFile them separately, otherwise, an electronic filing must be submitted as a unified, single PDF file, rather than as separate eFiled documents or as a principal eFiled document with additional supporting documents attached through the eFiling system. See ORAP chapter 16.​

In any case type that is subject to a filing fee under ORS 21.010, a $53.00 fee must be paid by the party filing any of the motions listed below. A $53.00 fee must also be paid by the party responding to the motion. (ORS 21.025)(HB 2795)

  • Motion to Dismiss filed by respondent
  • Motion to Determine Jurisdiction
  • Motion for Continuance
  • Motion for Extension of Time (for any documents)

 

Filing / Motion Fees

If the transcript has not been filed with the court at the time the Motion to Dismiss is filed, yes, you must serve a copy of the motion on the Transcript Coordinator or transcriber. The motion informs the Transcript Coordinator or transcriber that a transcript does not need to be prepared at that time.

Attorneys are required to eFile most documents with the court with the exception of the documents listed below.

ORAP 16.30 - The following documents may be conventionally filed or eFiled:

  • Notice of appeal
  • Petition for judicial review
  • Cross-petition for judicial review
  • Petition under original Supreme Court or Court of Appeals jurisdiction

Motion to Substitute Attorney

If attorneys are from different firms, a motion to substitute attorneys must be filed and have both the new and the old attorney's signatures on the document.

Notice of Representation

If an attorney is being replaced by another attorney in the same firm, a notice of representation must be filed.

If an attorney has left the firm but will retain their appointment, a notice of representation must be filed.

Notice of Association

If an attorney from another firm is going to represent a party in addition to the attorney of record, a notice of association must be filed.

Motion for Out of State Counsel

If an out of state attorney is joining with the Oregon attorney of record, a motion for out of state counsel must be filed.

ORAP 7.05 (1)(d) requires the following:

Other than a first motion for an extension of time of 28 days or less to file a brief, a motion must contain a statement whether opposing counsel objects to, concurs in, or has no position regarding the motion. If opposing counsel objects to the motion, the motion must include a statement whether opposing counsel intends to file a response to the motion. If the moving party has not been able to learn opposing counsel's position on the motion, then the motion must so state.

Information & Resources

Oregon Rules of Appellate Procedure

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