ORAP 7.05

(1) (a) Unless a statute or these rules provide another form of application, a

request for an order or other relief must be made by filing a motion in writing.

(b) A party seeking to challenge the failure of another party to comply with

any of the requirements of a statute or these rules must do so by motion.

(c) A party may raise an issue of the jurisdiction of the appellate court by

motion at any time during the appellate process.

(d) Other than a first motion for an extension of time of 28 days or less to file

a brief, before filing a motion, the moving party must make a good faith effort to confer

with the other party(ies) to determine whether the other party(ies) object to, concur in, or

have no position regarding the motion. The moving party must state the position(s) in the

motion. In the event of an objection, the moving party must state in the motion whether

the objecting party intends to file a response to the motion. If the moving party is unable

to obtain the position(s) of the other party(ies), then the motion must so state.

(2) (a) Generally, a party seeking relief in a case pending on appeal should file

the motion in the court in which the case is pending.[fn 1] A party seeking relief from a court

other than the court in which the case is pending must, on the first page of the motion,

separately and conspicuously state that the party is seeking relief from a court other than

the court in which the case is pending.

(b) A case is considered filed in the Supreme Court if the motion is captioned

"In the Supreme Court of the State of Oregon" and in the Court of Appeals if the motion

is captioned "In the Court of Appeals of the State of Oregon." Notwithstanding the

caption, the Administrator has the authority to file a motion in the appropriate court,

provided that the Administrator must give notice thereof to the parties.

(3) Any party may, within 14 days after the filing of a motion, file a response.[fn 2] The

court may shorten the time for filing a response and may grant temporary relief pending the

filing of a response, as circumstances may require.

(4) The moving party may, within seven days after the filing of a response, file a

reply. The filing of a reply is discouraged; a reply should not merely restate argument made in

the motion, and should be confined to new matter raised in the response.

(5) Unless the court directs otherwise, all motions will be considered without oral

argument.

(6) Parties must be referred to by their designation in the appellate court. Hyphenated

designations are discouraged. However, in motions in domestic relations cases, parties must be

referred to as husband or wife, mother or father, or other appropriate specific designations.