UTCR 8.040

(1) An order for relief authorized by ORS 107.095(1) may be granted on motion

supported by an affidavit or a declaration under penalty of perjury setting forth

sufficient facts to establish a right to the requested relief.

(2) Any motion regarding temporary custody of a minor child must be supported by an

affidavit or declaration under penalty of perjury, which must state the present

location of the minor child, the person with whom the child presently resides, the

persons with whom and the places where the child has resided for the last six

months, including the length of time with each person and at each residence, and

the reasons why a temporary custody order is sought.

(3) Except as provided in subsection (4), when a party seeks temporary support under

ORS 107.095(1), each party must file a Uniform Support Declaration (USD), as

follows:

(a) The party seeking temporary support must include a USD as a documentary

exhibit to the motion.

(b) The opposing party must file a USD and serve it on the party seeking

temporary support. Unless an SLR provides to the contrary, the opposing

party must file and serve the USD within 14 days of service of the motion

seeking temporary support.

(c) Any USD must be completed as provided under UTCR 8.010(4), in the form

specified at www.courts.oregon.gov/forms.

(4) Exceptions to USD requirement:

(a) A party seeking temporary support, or the opposing party, need not file a USD

under subsection (3) if:

(i) The party is simultaneously filing a pleading under UTCR 8.010(4) that

incorporates a USD; or

(ii) Within the prior 30 days, the party already filed a pleading under

UTCR 8.010(4) that incorporated a USD and the information therein has

not changed.

(b) If an exception applies, the motion for temporary support must:

(i) Under subsection (4)(a)(i), identify the accompanying pleading and state

that it includes a USD; or

(ii) Under subsection (4)(a)(ii), identify the earlier pleading and state that it

included a USD, that it was filed within the prior 30 days, and that the

information therein has not changed.