Rule 5.020.Authorities in Motions and Other Requirements
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 5.020
Plain-English Summary
A motion in an Oregon circuit court has to do more than ask. UTCR 5.020 requires every motion document to include a memorandum of law or a statement of authority explaining how the relevant authorities support what the moving party wants. A citation dropped at the end of a request does not meet the rule. The explanation is the point.
The second half of the rule addresses the motion that attacks a pleading in many places at once. If a party moves against a pleading in more than two particulars under ORCP 21 D or E, the motion must carry an attachment: a copy of the pages moved against, marked so the judge can see each target. Parts to be stricken go in parentheses. Parts to be made more definite and certain are underlined.
The marking convention spares the court from matching a list of line references against a pleading. It also disciplines the moving party, who has to fix on each target precisely before filing rather than after.
Frequently Asked Questions
Does every motion need a memorandum of law?
Every motion document needs a memorandum of law or a statement of authority. The rule treats them as alternatives, so a short motion can carry a short statement tying its authorities to its contentions. What a motion cannot do is leave the court to work out on its own why the cited material matters.
What is the difference between a memorandum of law and a statement of authority?
The rule does not define either term and accepts one or the other. A memorandum reads as a brief, with the argument developed at length. A statement of authority is compact, listing the authorities and saying how each supports the moving party. Either works as long as it explains.
When do I have to attach a marked copy of the pleading?
When the motion moves against a pleading in more than two particulars under ORCP 21 D or E. Below that, the rule does not require the attachment, although nothing prevents a party from including one to make the motion easier to follow.
How do I mark the parts I want stricken?
Show them in parentheses. Material you want made more definite and certain is underlined instead. What you attach is a copy of the pages of the pleading moved against, so pull the pages you are attacking rather than the entire document.
Does a response to a motion need a memorandum too?
UTCR 5.020 speaks to motion documents. The response side lives in UTCR 5.030, which lets an opposing party file a written memorandum of authorities and sets the deadline for filing it.