Oregon Motion for Continuance

Introduction

Key Things to Know

1. 1

   Oregon's trial court rules call it a postponement (UTCR 6.030, Postponement of Trial, and ORCP 52). The eviction statute, ORS 105.140, uses the word continuance.

2. 2

   The trial or hearing date stands until the court grants the postponement. Attend unless the court tells you in writing or in open court that the date has moved.

3. 3

   The standard is good cause. ORCP 52 says that when a cause is set and called for trial, it shall be tried or dismissed unless good cause is shown for a postponement. The judge has discretion and may impose terms on the party whose conduct caused the delay.

4. 4

   A request to postpone a trial must be made by motion (UTCR 6.030(1)). The motion must state the trial date, the reason, the prior trial dates, the date of each prior postponement, and whether any party objects.

5. 5

   UTCR 6.030(2) requires the motion to be signed by the attorney of record, with a certificate that the attorney advised the client of the request. The rule is written for attorneys, so ask the court clerk how it applies if you represent yourself.

6. 6

   An affidavit is not required in every case. If the reason is absent evidence, the court may require an affidavit or declaration, and there is no postponement if the other side admits the evidence would be given (ORCP 52 B).

7. 7

   For civil trials, an agreed postponement must be filed at least 28 days before the trial date, with a new date that is available on the docket and within the UTCR 7.020(5) periods (UTCR 6.030(4)). The court still decides, and a motion may be decided without a hearing (UTCR 6.030(5)).

Oregon Requirements for Motion for Continuance

• UTCR 6.030 and ORCP 52 Govern Postponement

  UTCR 6.030 (Postponement of Trial) and ORCP 52 (Postponement of cases) are the Oregon rules. Oregon calls the request a postponement; ORS 105.140 uses continuance for eviction.

• Good Cause Standard

  A cause set for trial is tried or dismissed unless good cause is shown for a postponement (ORCP 52). The court has discretion and may impose terms on the party whose conduct caused the delay.

• Written Motion With Listed Contents

  A request to postpone a trial must be by motion stating the trial date, the reason, prior trial dates, the date of each prior postponement, and whether any party objects (UTCR 6.030(1)-(2)).

• Attorney Signature and Client Certificate

  UTCR 6.030(2) requires the attorney of record to sign and certify the client was advised of the request. Ask the clerk how this applies if you represent yourself.

• Affidavit for Absent Evidence

  For absent evidence the court may require an affidavit or declaration, and there is no postponement if the other side admits the evidence would be given (ORCP 52 B).

• Agreed Civil Postponement

  An agreed civil postponement must be filed at least 28 days before the trial date, signed by the attorneys, with a client-agreement certificate and a new date available on the docket and within UTCR 7.020(5) periods (UTCR 6.030(4)).

• Decision Without a Hearing

  A motion to postpone may be decided by summary determination without a hearing (UTCR 6.030(5)). The trial date stands until the court rules.

• Conflicting Proceeding Ground

  A conflict with a proceeding in another court is addressed in UTCR 6.030(3). State the other court, case and date in the motion.

• Eviction Continuance Limit

  ORS 105.140 limits a defendant's continuance to two days unless an undertaking for rent is given or, for chapter 90 dwellings, rent is ordered paid into court.