Rule 24.030.Reliance on Underlying Circuit Court Criminal Case

Current through August 1, 2026 · Last verified September 12, 2026

In one sentenceUTCR 24.030 lets a post-conviction petitioner rely on the underlying criminal case file instead of attaching documents from it, so long as the petition says so and, where the reliance is partial, identifies the materials relied on with reasonable specificity.

Full Text of Rule 24.030

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(1) If petitioner intends to rely on the contents of the underlying circuit court criminal case file to support the allegations in the petition, then petitioner must so state in the petition. If petitioner intends to rely on some, but not all, of the contents of the underlying case file, then petitioner must identify with reasonable specificity the materials on which petitioner intends to rely. Petitioner need not attach to the petition, as part of evidence supporting the allegations, any document from the underlying case file.

(a) This subsection applies only if the underlying criminal case was filed on or after the date that the circuit court in which the conviction was entered began using the Oregon eCourt Case Information system.

(b) The date that each circuit court began using the Oregon eCourt Case Information system is available at www.courts.oregon.gov/services/online/Documents/OJCIN/OECI/DocumentAccessFAQs.pdf.

End

Plain-English Summary

Post-conviction claims live in the record of the criminal case that produced the conviction. Copying that record into the post-conviction file is expensive and, where the court can already see it electronically, pointless. This rule lets the petitioner rely on the contents of the underlying circuit court criminal case file without attaching any document from it as evidence supporting the allegations.

The relief comes with a duty to be clear. The petition must state that the petitioner intends to rely on the underlying case file. If the petitioner is relying on only some of it, the petition must identify those materials with reasonable specificity. A pointer the court and the defendant can follow is the whole point; a general gesture at the criminal file is not one.

There is a hard limit on when the rule applies. It works only if the underlying criminal case was filed on or after the date the circuit court where the conviction was entered began using the Oregon eCourt Case Information system, and that date differs from court to court. The rule points to the Oregon Judicial Department page that lists the start date for each circuit court. For older convictions, the exhibit requirements in UTCR 24.040 carry the load instead.

Frequently Asked Questions

Do I have to attach documents from the underlying criminal case to a post-conviction petition?

Not where this rule applies. A petitioner who relies on the contents of the underlying circuit court criminal case file need not attach any document from that file as part of the evidence supporting the allegations.

What does the petition have to say to rely on the underlying case file?

It must state that the petitioner intends to rely on the contents of the underlying criminal case file. If the reliance is partial, the petition must identify with reasonable specificity the materials the petitioner is relying on.

What counts as reasonable specificity?

The rule does not define it. The working test is whether the court and the defendant can find what you mean without guessing: name the document, the hearing, or the portion of the transcript, rather than gesturing at the file as a whole.

Does UTCR 24.030 apply to an old conviction?

Only if the underlying criminal case was filed on or after the date that the circuit court where the conviction was entered started using the Oregon eCourt Case Information system. If the criminal case predates that court's start date, the rule does not apply and the exhibits have to be submitted under UTCR 24.040.

Where do I find when a circuit court started using Oregon eCourt?

The rule links to a document on the Oregon Judicial Department website that lists the date each circuit court began using the Oregon eCourt Case Information system. Check the date for the court where the conviction was entered, not the court where the petition is filed, because that is the court the rule keys on.

Source & verification. The rule text is reproduced verbatim from the official Oregon Uniform Trial Court Rules (UTCR 24.030). Prescribed by the Chief Justice of the Oregon Supreme Court (UTCR 1.020). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

Also known as: underlying criminal case file post-convictionOregon eCourt Case Information systemattach documents post-conviction petitionreasonable specificity petition OregoneCourt case file post-conviction