OR · rules
UTCR 4.060
MOTION TO SUPPRESS EVIDENCE
(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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