Rule 5.010.Conferring on Motions under ORCP 21, 23, 36–46, and 55
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 5.010
Plain-English Summary
Oregon circuit courts will not entertain most pretrial skirmishes until the lawyers have talked. Before filing a motion under ORCP 21 or 23, a discovery motion under ORCP 36 through 46, or a motion to quash or modify under ORCP 55, the moving party has to make a good faith effort to confer with the other side about the issues in dispute. A motion filed without that effort will be denied.
The requirement has carve-outs. A motion to dismiss for failure to state a claim and a motion to dismiss for lack of jurisdiction are exempt. Those turn on the face of the pleading or on the court's power to hear the case, and no conversation between counsel is going to resolve them.
Proof comes in a certificate of compliance, filed at the same time as the motion. The rule sets a low bar for its contents: a statement that the parties conferred, or facts showing good cause for not conferring. The certificate is not filler. It is the document that lets the court see the rule was followed before it reaches the merits.
Conferring sometimes ends the fight. If the other side has no objection, the moving party may certify that the motion is unopposed, and the rule then allows the motion to be submitted ex parte.
Frequently Asked Questions
Do I have to confer before filing a motion to dismiss in Oregon?
It depends on the ground. UTCR 5.010 exempts a motion to dismiss for failure to state a claim and a motion to dismiss for lack of jurisdiction. Every other motion made under ORCP 21 and 23 carries the conferral requirement, and the court will deny one filed without a good faith effort to confer.
What has to be in the certificate of compliance?
The rule accepts a statement that the parties conferred, or facts showing good cause for not conferring. Good cause is not defined, so a certificate resting on it should say what happened: the calls placed, the messages sent, the deadline that made waiting impossible.
The certificate is filed at the same time as the motion, not later.
Does the conferral requirement cover discovery motions?
Yes. Motions made under ORCP 36 through 46 are covered, and so is a motion to quash or modify filed by a party under ORCP 55. Confer first, then file, and send the certificate along with the motion.
What happens if I file the motion without conferring?
The rule tells the court to deny it. The denial says nothing about the merits, so the underlying dispute survives, but the party has to go back, confer, refile, and wait again. A phone call is cheaper.
Can an unopposed motion go to a judge without a hearing?
Yes. On certification that the motion is unopposed, UTCR 5.010 allows it to be submitted ex parte. UTCR 5.060 governs how ex parte matters reach a judge, and it lets a judicial district adopt a local rule naming the matters that must be presented on paper rather than filed electronically. SLR 2.501 is reserved for that rule.