Rule 24.100.Trials
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 24.100
Plain-English Summary
Trial gets scheduled as soon as possible after the defendant's answer is filed, or after the date for filing an answer has passed. A floor sits under that: unless the parties consent, trial is not set sooner than 90 days from the date the answer is filed or the date the answer was due. Both sides get a stretch of time between the close of the pleadings and the courtroom, and both sides can waive it together if they want the case heard sooner.
The default trial is short. Trials are scheduled for 30 minutes and without the expectation of live witness testimony other than the petitioner. That reflects how these cases are usually tried, on the written record and the exhibits filed under UTCR 24.040 and the memoranda filed under UTCR 24.050, with argument on top.
A case that needs more than that has to say so in advance. If the trial will take longer than 30 minutes, or if witnesses other than the petitioner will be called, the party asking for the additional time must notify the court no later than 45 days before the trial date. The notice comes from the party who wants the time, so a party expecting to call a witness cannot wait to see whether the other side raises it.
That 45-day mark is worth putting on a calendar. It falls after the deadline for substantive pretrial motions in UTCR 24.050 and before the memoranda deadlines in that rule, so the decision about witnesses gets made while there is still time to write around it.
Frequently Asked Questions
How soon can a post-conviction trial be scheduled in Oregon?
As soon as possible after the defendant's answer is filed or the date for filing the answer has passed, but not sooner than 90 days from that point unless the parties consent to an earlier date.
How long is a post-conviction trial in Oregon?
By default the court schedules 30 minutes. A case needing longer is not out of luck, but the court has to be told ahead of time so the calendar can hold the extra time.
Can I call witnesses at a post-conviction trial?
Yes, but the default schedule does not expect them. A party who will call witnesses other than the petitioner must notify the court no later than 45 days before the trial date, and the same notice covers a request for more time.
Does the petitioner testify at a post-conviction trial?
The rule is written around that possibility. Trials are scheduled without the expectation of live witness testimony other than the petitioner, so testimony from the petitioner is the one kind the default setting contemplates.
Can the parties agree to an earlier post-conviction trial date?
Yes. The 90-day floor applies unless the parties consent, so agreement among the parties is what opens up an earlier setting.