OR · rules
UTCR 4.050
ORAL ARGUMENT ON MOTIONS IN CRIMINAL CASES
(1) Oral argument may be requested by the moving party in the caption of the motion
or by a responding party in the caption of a response. The first paragraph of the
motion or response must include an estimate of the time required for argument and
a statement whether official court reporting services are requested. The court
must allow oral argument unless:
(a) The motion requests a trial postponement; or
(b) The court receives documents that resolve the motion before the time set for
hearing.
(2) Counsel for either the state or the defense may request that a motion not requiring
testimony be heard by remote means. The following apply to a request for oral
argument by remote means:
(a) A request must be set out in the caption of the motion or response. If oral
argument by remote means is requested, the first paragraph of the motion or
response must include the names, email addresses, and telephone numbers
of all parties served with the request, the position of opposing counsel, and
whether the defendant has waived in writing the right to appear at the
hearing.
(b) A request by counsel for defense must be granted if counsel for defense
represents that the defendant agrees to a hearing by remote means and
provides a signed waiver of in-person appearance.
(c) A request by the state must be granted if both parties agree and counsel for
the defense provides a written waiver from the defendant.
(d) If the mode of hearing is by conference call, the requesting party must initiate
the conference call at its expense unless the court directs otherwise.
(3) Subsection (2) does not apply if an applicable Chief Justice Order (CJO) or
Presiding Judge Order (PJO) issued pursuant to such a CJO has the effect of
suspending the requirement that a party affirmatively request a hearing by remote
means.
Provenance
- Source
- courts.oregon.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
a80095162d116d5ce04f3c349ff810c60d490db37157e110e1b93be0e398d13b
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