FORM 3 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN IN THE MATTER OF THE MARRIAGE OF SEPARATION OF CUSTODY OF ____________________________, Petitioner, ) ) ) ) ) ) ) ) ) ) ) Case No. __________________ PETITIONER'S RESPONDENT'S ORDER TO APPEAR AND SHOW CAUSE RE: TEMPORARY RELIEF PURSUANT TO LINN COUNTY SLR 8.005 [NOT FOR USE IN A MODIFICATION OF JUDGMENT] ____________________________, Respondent. BASED UPON the Motion and Affidavit of the Petitioner Respondent on file herein; the request for an Order to Show Cause is hereby: allowed denied NOW, THEREFORE, IT IS HEREBY ORDERED that the Petitioner Respondent shall appear herein within fourteen (14) days from the date this Order is served upon them, to show cause, if any there be, why an Order in conformity with said Motion should not be entered herein, except no person is required to respond prior to the date allowed by law for them to respond to the summons in this case. DATED this ________ day of ___________________, 20___. ___________________________________________ CIRCUIT COURT JUDGE [ ] Attachment: Exhibit 1 ­copy of the Linn County Supplemental Local Rule 8.005 Temporary Relief Hearing explaining the procedures which must be followed. Notice to Petitioner Respondent IF YOU WISH TO CONTEST THE REQUEST FOR TEMPORARY RELIEF FILED BY THE OTHER PARTY YOU MUST FILE A WRITTEN REPLY BY FOLLOWING THE PROVISIONS LISTED IN THE ATTACHED LINN COUNTY SUPPLEMENTAL LOCAL RULE 8.005. IF YOU DO NOT FILE A RESPONSE THIS REQUEST FOR RELIEF WILL BE GRANTED. *************************************************************************************** Page 1 of 2 ORDER TO SHOW CAUSE RE: TEMPORARY RELIEF SLR 8.005 LINN COUNTY FORM 3 ORDER TO APPEAR AND SHOW CAUSE SLR 8005.doc (2/10) American LegalNet, Inc. www.FormsWorkFlow.com If you file a response to this Order to Show Cause for Temporary Relief, a copy must be sent to the other party or parties or if they have a lawyer then a copy must be sent to the lawyer(s). Certification that a copy of the response was served on the other parties or their lawyer must also be provided to the court. If you have legal questions, you may want to talk with an attorney immediately. If you need help finding an attorney you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll free in Oregon at (800) 452-7636. Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply: I selected this document for myself and I completed it without paid assistance. I paid or will pay money to for assistance in preparing this form. DATED: _______________________, 20_____. Submitted by: ____________________________________________ Petitioner Respondent, Signature ________________________________________ Print Name ___________________________________________________________________________________________ Contact Address City, State, Zip Contact Telephone I certify that this is a true copy: _________________________________ Petitioner Respondent, Signature Page 2 of 2 ORDER TO SHOW CAUSE RE: TEMPORARY RELIEF SLR 8.005 LINN COUNTY FORM 3 ORDER TO APPEAR AND SHOW CAUSE SLR 8005.doc (2/10) American LegalNet, Inc. www.FormsWorkFlow.com Exhibit 1 (This rule must be followed, attached to the Order to Show Cause and served to the other party.) CHAPTER 8 DOMESTIC RELATIONS 8.005 TEMPORARY RELIEF HEARINGS (1) Temporary Relief Hearings All temporary relief motions shall be show cause motions, except as provided by ORS 107.097, and shall be handled as follows: (a) Motions for temporary relief shall be accompanied by an affidavit setting forth the justification for the requested relief. The Order to Show Cause shall require the filing of a response within fourteen (14) days following service, if the adverse party wishes to contest the relief sought, except that no respondent shall be required to respond before the time required by law to respond on the summons in the case. The Motion, Affidavit, and Order to Show Cause shall be filed with the Trial Court Administrator before being submitted to a judge. A copy of this Supplementary Local Rule shall be served on the adverse party along with true copies of the Motion, Affidavit and Order to Show Cause. If temporary child support or spousal support is sought, each party shall submit a Uniform Support Affidavit. The Response shall admit and/or deny the relief sought and shall set forth any additional motions for temporary relief. The Response shall be accompanied by an Affidavit setting forth the justification for the relief opposed or sought by the responding party. Within ten (10) days following service of the Response and Responding Affidavit on the moving party or their attorney, either or both parties may submit a Supplemental Affidavit in support of their respective positions. If service of the Response is made by mailing, the date of service shall be considered to be three (3) days after the date of mailing. Except for good cause shown, no further pleadings are required or permitted. Temporary relief shall be determined without testimony, based upon the affidavits submitted. Failure to submit an affidavit or Uniform Support Affidavit where required, may result in an adverse ruling or denial of relief. There is no requirement, however, to file supplemental affidavits. On matters of custody and parenting time only, upon written motion filed within ten (10) days after the Court's ruling, a hearing will be scheduled to review that ruling. (b) (c) (d) (e) (f) (g) ORDER TO SHOW CAUSE RE: TEMPORARY RELIEF SLR 8.005 LINN COUNTY FORM 3 ORDER TO APPEAR AND SHOW CAUSE SLR 8005.doc (2/10) American LegalNet, Inc. www.FormsWorkFlow.com