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UTCR 4.060

MOTION TO SUPPRESS EVIDENCE

activein force · 2026-08-01 – presentact-effective-date

(1) All motions to suppress evidence:

(a) Must cite any constitutional provision, statute, rule, case, or other authority

upon which it is based; and

(b) Must include in the motion document the moving party’s brief, which must

sufficiently apprise the court and the adverse party of the arguments relied

upon. If the evidence sought to be suppressed was obtained without a

warrant, it is sufficient for the moving party to so state.

(2) Any response to a motion to suppress:

(a) Must, in the absence of a showing of good cause or an SLR to the contrary,

be served and filed, together with opposing affidavits, if any, upon which it is

based, not more than seven days after the motion to suppress has been filed;

(b) Must state the grounds thereof and, if the relief or order requested is not

opposed, wholly or in part, a specific statement of the extent to which it is not

opposed; and

(c) Must make specific reference to any affidavits relied on and must be

accompanied by an opposition brief adequate reasonably to apprise the court

and moving party of the arguments and authorities relied upon.

(3) When averments in an affidavit are made upon information and belief, the affidavit

must indicate the basis thereof.

(4) Failure to file a written response shall not preclude a hearing on the merits.

History

1991 Commentary: The UTCR Committee proposes these amendments to clarify its intent in originally adopting this rule that a written response not be required.

Provenance

Source
courts.oregon.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
0d4b19c125792411b8bc0fa273a5bc24012fa3a204fcd8dc4e1fdddfacef5b08
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UTCR 4.060 — MOTION TO SUPPRESS EVIDENCE · binding.law