CJO 2026-021 — Adoption of Amendments to the Uniform Trial Court Rules — physical PDF page 17
A-16 3. 5.100—SUBMISSION OF PROPOSED ORDERS OR JUDGMENTS Amended subsection (3) to require parties to specify the rule or statutory basis for claiming that a submitted document is exempt from the advance- service requirement in UTCR 5.100(1). ACTION TAKEN No motion was made to change the committee’s preliminary recommendation of approval. Accordingly, by committee convention, the October 24, 2025, preliminary recommendation became the committee’s final recommendation of approval. EXPLANATION This proposal, submitted by Judge Matthew A. Rowan of the Jackson County Circuit Court, amends UTCR 5.100(3)(b) to require parties to identify the specific rule or statute supporting a claim that a submitted document is exempt from the advance‑service requirement under 5.100(1). It also includes a conforming update to UTCR 5.100(2)(b). For background, UTCR 5.100 requires advance service on opposing parties of proposed orders and judgments (subsection (1)); requires a certification of compliance with the advance-service requirement (subsection (2)(a)); and also requires that all proposed orders and judgments include a “certificate of readiness” that explains why the document being submitted is “ready” for either the judge’s signature or resolution of any outstanding objections (subsection (2)(b)). Subsection (3) then sets out exceptions to the advance-service requirement, and subsection (4) sets out a single exception to the certificate of readiness requirement (presentation of the document in open court). Subsection (5) pertains to punitive damages awards, and subsection (6) permits the rule’s certifications to be combined with other certifications. At the fall 2025 meeting, the proponent provided the following written testimony: • Parties frequently submit proposed orders and indicate that advance service is not required, correctly in some cases and incorrectly in others, reducing the value of the certificates. • When a party has not served a proposed order or judgment in advance, the court must determine the basis for the claimed exemption, which can be time consuming. • To address this, parties should be required to cite the specific rule or statute they rely on when asserting that advanced service is unnecessary. Following the fall meeting, no public comments were received.
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Publisher URL: https://www.courts.oregon.gov/rules/UTCR/CJO_2026-021.pdf