A. POSTPONEMENT When a cause is set and called for trial, it shall be tried or dismissed, unless good cause is shown for a postponement. At its discretion, the court may grant a postponement, with or without terms, including requiring any party whose conduct made the postponement necessary to pay expenses incurred by an opposing party.
Rule 52.Postponement of Cases
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 52 governs continuances in Oregon civil cases: a case set for trial must be tried or dismissed unless a party shows good cause for postponement, and the rule sets out special procedures when the request rests on missing evidence.
Full Text of Rule 52
B. ABSENCE OF EVIDENCE If a motion is made for postponement on the grounds of absence of evidence, the court may require the moving party to submit an affidavit or a declaration stating the evidence which the moving party expects to obtain. If the adverse party admits that such evidence would be given and that it be considered as actually given at trial, or offered and overruled as improper, the trial shall not be postponed. However, the court may postpone the trial if, after the adverse party makes the admission described in this section, the moving party can show that such affidavit or declaration does not constitute an adequate substitute for the absent evidence. The court, when it allows the motion, may impose such conditions or terms upon the moving party as may be just.
Amendment History
[CCP 12/2/78; § A amended by CCP 12/13/80; § A amended by CCP 12/14/96; § B amended by 2003 c.194 § 10 eff. 1/1/04] Cross References ORS 1.130 Adjournment of court proceedings ORS 40.135(1)(s) Presumption of death after seven years
Plain-English Summary
Rule 52 starts from a firm default: once a case is set and called for trial, it gets tried or dismissed. A postponement is the exception, and it takes good cause to earn one. Even then, the decision rests with the trial court’s discretion, and the court can attach conditions — including making the party whose conduct forced the delay pay the other side’s resulting expenses.
Section B deals with the most common excuse for asking to postpone: a witness or piece of evidence is not available. Rather than grant an automatic delay, the court can require the moving party to submit an affidavit or declaration describing what the missing evidence would show. If the other side is willing to concede the point — either by admitting the evidence would be given, or by agreeing to treat it as offered and overruled — the trial goes forward on schedule. That concession is not always the end of the inquiry: the moving party can still argue that a mere admission is no substitute for the real evidence, and if the court agrees, it can grant the postponement anyway, on whatever terms are just.
Frequently Asked Questions
Does a party have an automatic right to postpone a trial in Oregon?
No. Rule 52 A starts from the premise that a case set and called for trial will be tried or dismissed. A postponement requires good cause, and granting one rests with the trial court’s discretion, not a matter of right.
Can a court make a party pay for causing a postponement?
Yes. Rule 52 A lets the court grant a postponement with or without terms, and those terms can require the party whose conduct made the postponement necessary to pay the expenses the postponement caused the opposing party.
What happens if a party asks to postpone trial because a witness or piece of evidence is not available?
The court can require the moving party to file an affidavit or declaration describing what the absent evidence would show. If the other side admits that the evidence would be given, or agrees to treat it as offered and overruled, the trial proceeds without a postponement.
Can the trial still be postponed even after the other side admits what the missing evidence would show?
Yes, in limited circumstances. Rule 52 B allows the moving party to argue that the affidavit or declaration is not an adequate substitute for the evidence itself. If the court agrees, it can grant the postponement anyway, subject to whatever conditions the court considers just.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 52). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
Also known as: continuance oregon civil casepostpone trial oregonmotion to continue trial oregontrial postponement rules oregon