Oregon Motion for Relief From Judgment

Q: How long do I have to set aside a judgment in Oregon?

An ORCP 71 B(1) motion must be made within a reasonable time. For mistake, inadvertence, surprise or excusable neglect, newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F, and fraud or misconduct of an adverse party (reasons (a), (b) and (c)), it also must be made not more than one year after you received notice of the judgment. File as soon as you can.

Q: What are the grounds to vacate a judgment in Oregon?

ORCP 71 B(1) lists (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F; (c) fraud, misrepresentation, or other misconduct of an adverse party; (d) the judgment is void; and (e) the judgment has been satisfied, released, or discharged, a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application. Reasons (a) to (c) carry a one-year-from-notice outer limit; all must be raised within a reasonable time. The court decides whether your facts fit a ground.

Q: Do I need to attach anything to an Oregon motion for relief from judgment?

Yes, for reasons (a) mistake, inadvertence, surprise, or excusable neglect, (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F, and (c) fraud, misrepresentation, or other misconduct of an adverse party. ORCP 71 B(1) says those motions must be accompanied by a pleading or a Rule 21 A motion that asserts a claim or defense. State the claim or defense in that filing.

Q: How do I serve an Oregon motion for relief from judgment?

If the motion is filed within one year after the judgment was entered, serve a copy on all parties as provided in Rule 9 B. All other ORCP 71 B motions are served as provided in Rule 7, the rule for serving a summons.

Q: Does filing a motion stop enforcement of an Oregon judgment?

No, not by itself. ORCP 71 B says the motion does not affect the finality of a judgment or suspend its operation, and ORCP 72 A lets execution issue immediately on entry unless the court, in its discretion and on security conditions, directs otherwise. Ask the court for a stay in writing.

Q: Can an Oregon eviction judgment be set aside?

ORS 105.164 applies to certain residential eviction cases with a judgment entered after Jan. 1, 2014. The courts set aside and seal qualifying eviction judgments once a year in December. If you have an urgent need to have your case sealed sooner, you can file the court's Motion to Set Aside Residential Eviction Judgment. This record-clearing remedy is separate from an ORCP 71 B motion.

Q: Can I bring a separate lawsuit to undo an Oregon judgment?

ORCP 71 C says the rule does not limit the court's inherent power to modify a judgment within a reasonable time, its power to entertain an independent action to relieve a party from a judgment, relief under Rule 7 D(6)(d), or setting aside a judgment for fraud upon the court. Talk with an Oregon lawyer about whether an independent action fits your facts.

Q: Is there an official Oregon form to set aside a judgment?

The Oregon courts publish a Motion to Set Aside Residential Eviction Judgment for ORS 105.164 eviction set-asides. For other judgments, ask the circuit court clerk whether a form or local rules apply. Whatever format you use, name the ORCP 71 B(1) reason, the dates of entry and notice, and attach any required pleading.

ORCP 71 B: a reasonable time, and 1 year from notice for grounds (a) to (c).

Find out where you stand in Oregon

What kind of judgment do you want vacated?

DocDraft provides document preparation, not legal advice.

Introduction

Oregon uses an ORCP 71 B motion for relief from judgment. It must be made within a reasonable time, and on grounds (a), (b) or (c) no more than one year after the moving party received notice of the judgment, with a pleading or Rule 21 A motion attached.

Key Things to Know

1
Oregon's term is relief from judgment under ORCP 71 B(1). On motion and upon such terms as are just, the court may relieve a party from a judgment for a listed reason. ORCP 71 D says relief from a judgment is by motion, and abolishes writs of coram nobis, coram vobis, audita querela and bills of review. The court decides whether relief is warranted.
2
The listed reasons, in the rule's words, are: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F; (c) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the judgment is void; and (e) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application. Reasons (a) to (c) must be raised within a reasonable time and not more than one year after receipt of notice of the judgment; reasons (d) and (e) within a reasonable time.
3
The motion must be made within a reasonable time. For reasons (a) mistake, inadvertence, surprise, or excusable neglect, (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F, and (c) fraud, misrepresentation, or other misconduct of an adverse party, it also must be made not more than one year after the moving party received notice of the judgment. The one-year clock runs from your receipt of notice, so record the date you learned of the judgment. Reasons (d) the judgment is void and (e) satisfied, released, discharged, reversed or no longer equitable carry the reasonable-time limit.
4
A motion on reasons (a) mistake or excusable neglect, (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F, or (c) fraud or misconduct of an adverse party must be accompanied by a pleading or a Rule 21 A motion that asserts a claim or defense. A copy of a motion filed within one year after entry of the judgment is served on all parties under Rule 9 B; other motions are served as provided in Rule 7, the summons rule.
5
An ORCP 71 B motion does not affect the finality of a judgment or suspend its operation, so filing does not by itself stop enforcement. Under ORCP 72 A, execution may issue immediately on entry unless the court, in its discretion and on conditions for the adverse party's security, directs otherwise. Ask the court for a stay in writing.
6
Eviction: under ORS 105.164, Oregon courts set aside and seal qualifying residential eviction judgments entered after Jan. 1, 2014, once a year in December. If you have an urgent need to have your case sealed sooner, the courts offer a Motion to Set Aside Residential Eviction Judgment. ORCP 71 C also preserves the court's inherent power to modify a judgment within a reasonable time, an independent action for relief, relief under Rule 7 D(6)(d), and setting aside a judgment for fraud upon the court.
7
If the judgment was entered by default, ORCP 69 F says the court may set it aside in accordance with Rule 71 B and Rule 71 C. For a default judgment, also see /legal-document/set-aside-default/oregon.

Key decisions before you file

Before you file a Motion to Vacate in Oregon, a few decisions shape the document: which option to choose and what each one means. The Motion to Vacate guide walks through them.

Open the Motion to Vacate guide

Customize your Motion to Vacate Template with DocDraft

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

MOTION FOR RELIEF FROM JUDGMENT (ORCP 71 B(1))

[MOVANT NAME], the [PLAINTIFF OR DEFENDANT], moves the Court under ORCP 71 B(1) for an order relieving the movant from the judgment described below, upon such terms as are just.

THE JUDGMENT On [DATE JUDGMENT ENTERED], the Court entered judgment against the movant in favor of [OPPOSING PARTY NAME] for $[AMOUNT] or [OTHER RELIEF ORDERED]. The movant received notice of the judgment on [DATE NOTICE RECEIVED] by [HOW NOTICE WAS RECEIVED].
GROUNDS [IF GROUND (a): ORCP 71 B(1)(a), mistake, inadvertence, surprise, or excusable neglect, raised within a reasonable time and not more than one year after notice of the judgment: [FACTS].] [IF GROUND (b): ORCP 71 B(1)(b), newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F, raised within a reasonable time and not more than one year after notice of the judgment: [EVIDENCE AND WHEN IT WAS FOUND].] [IF GROUND (c): ORCP 71 B(1)(c), fraud, misrepresentation, or other misconduct of an adverse party, raised within a reasonable time and not more than one year after notice of the judgment: [FACTS].] [IF GROUND (d): ORCP 71 B(1)(d), the judgment is void, raised within a reasonable time, because [FACTS].] [IF GROUND (e): ORCP 71 B(1)(e), the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application, raised within a reasonable time: [FACTS].]
TIMELINESS This motion is made within a reasonable time because [REASONS FOR THE TIMING]. [IF GROUND (a), (b) OR (c): It is made not more than one year after the movant received notice of the judgment on [DATE NOTICE RECEIVED].]
ACCOMPANYING PLEADING [IF GROUND (a), (b) OR (c): Filed with this motion is the movant's proposed [ANSWER, COMPLAINT OR RULE 21 A MOTION], which asserts this claim or defense: [CLAIM OR DEFENSE].]
STAY OF EXECUTION [IF APPLICABLE: The movant asks the Court to direct that execution and other proceedings to enforce the judgment be stayed while this motion is pending, on such conditions for the security of the adverse party as are proper.]

WHEREFORE, the movant asks the Court to: (a) relieve the movant from the judgment entered on [DATE JUDGMENT ENTERED]; (b) [IF APPLICABLE: stay enforcement of the judgment while this motion is pending]; and (c) grant any other relief the Court finds just.

DATED: [DATE SIGNED]

[MOVANT SIGNATURE] [MOVANT PRINTED NAME] [MOVANT ADDRESS] [MOVANT PHONE AND EMAIL] [IF APPLICABLE: OSB No. [BAR NUMBER]]

CERTIFICATE OF SERVICE I certify that on [DATE OF SERVICE] I served a copy of this motion [IF APPLICABLE: and the accompanying pleading] on [NAME OF EACH PARTY OR ATTORNEY] by [METHOD OF SERVICE, UNDER RULE 9 B OR RULE 7] at [ADDRESS OR EMAIL USED].

[MOVANT SIGNATURE]

Oregon Requirements for Motion to Vacate

Listed Reasons
ORCP 71 B(1): (a) mistake, inadvertence, surprise or excusable neglect; (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F; (c) fraud, misrepresentation or other misconduct of an adverse party; (d) the judgment is void; (e) satisfied, released or discharged, prior judgment reversed or vacated, or no longer equitable.
Time Limits
ORCP 71 B(1): within a reasonable time, and for reasons (a) mistake or excusable neglect, (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F, and (c) fraud or misconduct, not more than one year after the moving party received notice of the judgment.
Accompanying Pleading
ORCP 71 B(1): a motion on reasons (a) mistake or excusable neglect, (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F, or (c) fraud or misconduct must be accompanied by a pleading or Rule 21 A motion asserting a claim or defense.
Service
ORCP 71 B(1): a motion filed within one year after entry is served on all parties under Rule 9 B; all other motions are served as provided in Rule 7.
No Automatic Stay
ORCP 71 B: the motion does not affect finality or suspend the judgment's operation. ORCP 72 A: execution may issue immediately unless the court, in its discretion and on security conditions, directs otherwise.
Other Routes Preserved
ORCP 71 C: inherent power to modify within a reasonable time, an independent action, Rule 7 D(6)(d) relief and fraud upon the court. ORCP 71 D abolishes coram nobis, audita querela and bills of review.
Eviction Set-Aside
ORS 105.164: courts set aside and seal qualifying residential eviction judgments entered after Jan. 1, 2014, once a year in December; a Motion to Set Aside Residential Eviction Judgment is available for urgent cases.
Ground and Notice Statement
Name the ORCP 71 B(1) reason, the facts behind it, the dates the judgment was entered and notice was received, and why the motion is within a reasonable time and, for (a) mistake, (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F, or (c) fraud, within one year of notice.

Frequently Asked Questions

How long do I have to set aside a judgment in Oregon?

What are the grounds to vacate a judgment in Oregon?

Do I need to attach anything to an Oregon motion for relief from judgment?

How do I serve an Oregon motion for relief from judgment?

Does filing a motion stop enforcement of an Oregon judgment?

Can an Oregon eviction judgment be set aside?

Can I bring a separate lawsuit to undo an Oregon judgment?

Is there an official Oregon form to set aside a judgment?

Find out where you stand in Oregon

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Vacate Template with DocDraft

Oregon Requirements for Motion to Vacate

Listed Reasons

Time Limits

Accompanying Pleading

Service

No Automatic Stay

Other Routes Preserved

Eviction Set-Aside

Ground and Notice Statement

Frequently Asked Questions