Rule 24.050.Additional Motions, Briefing, and Exhibits
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 24.050
Plain-English Summary
The schedule runs backward from the trial date. All substantive pretrial motions must be filed at least 60 days before trial, though the court may allow a late filing for good cause shown. The petitioner's trial memoranda, including legal memoranda, and any additional exhibits not already filed are due no later than 30 days before trial. The defendant's memoranda and additional exhibits follow no later than 20 days before trial. Then, no later than 10 days before trial, the petitioner may respond to the defendant's memoranda and exhibits with a further memorandum and additional exhibits.
That last step is an option, not a duty. The petitioner may respond; nothing requires it. The sequence gives the petitioner the opening and the closing word, which fits a proceeding where the petitioner carries the claims.
The whole rule opens with a qualifier that matters: unless otherwise ordered by the court. A scheduling order, including one issued after a conference under UTCR 24.020, replaces these dates. Where no order says otherwise, these are the dates. Exhibits filed under this rule still follow UTCR 24.040, so the numbering continues in the same sequence rather than restarting with the trial memorandum.
Frequently Asked Questions
When are pretrial motions due in an Oregon post-conviction case?
All substantive pretrial motions must be filed at least 60 days before trial. The court may allow a late filing for good cause shown, but the deadline is the default and a late motion needs a reason.
When is the petitioner's trial memorandum due?
No later than 30 days before trial, along with any additional exhibits not already filed with the court. Legal memoranda are included in that deadline.
When does the defendant file a trial memorandum?
No later than 20 days before trial, together with any additional exhibits not already on file. That gives the defendant the petitioner's filing to answer before writing.
Can the petitioner reply to the defendant's trial memorandum?
Yes. No later than 10 days before trial, the petitioner may respond to the defendant's memoranda and exhibits with a further memorandum and additional exhibits. The rule permits the filing rather than requiring it.
Can these post-conviction briefing deadlines be changed?
Yes. The rule applies unless the court orders otherwise, so a scheduling order can reset any of these dates, and a conference under UTCR 24.020 is one way to get one in a complex case. Separately, the court may allow a late pretrial motion for good cause shown.