Rule 5.030.Opposing Party’s Response; Time for Filing Response and Reply
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 5.030
Plain-English Summary
UTCR 5.030 sets the briefing clock for motions in civil cases, and it opens by excluding motions for summary judgment. For every other motion, the rule gives the opposing party a window to answer and the moving side a shorter window to reply.
An opposing party may file a written memorandum of authorities responding to the matters raised in the motion no later than 14 days from the date of service or the date of filing, whichever is later. The rule says may, not must. A party who files nothing has broken no rule, but has left the motion's authorities unanswered in the record the judge reads.
A reply memorandum, if there is one, must be filed within seven days of the service or filing of the responding memorandum, whichever is later. Both clocks start from the later of those events. That protects a party served before the document reaches the court file, and a party who learns of the filing only from the docket.
Frequently Asked Questions
How long do I have to respond to a motion in an Oregon circuit court?
No later than 14 days from the date of service or the date of filing of the motion, whichever is later. That window applies in matters other than motions for summary judgment.
When is my reply memorandum due?
Within seven days of the service or filing of the responding memorandum, whichever is later. The rule treats the reply as optional, so a moving party who has nothing to add can let the response stand.
Does this rule cover summary judgment motions?
No. UTCR 5.030 applies in matters other than motions for summary judgment, and it says nothing about when a summary judgment response or reply is due. Look to the rules that govern summary judgment itself for that timetable.
Do I have to file a response to every motion?
The rule permits a response rather than requiring one. Whether silence is wise is a separate question: an unanswered motion goes to the judge with only one side's authorities in front of the court.
Which date starts the clock, the day I was served or the day the motion was filed?
Whichever is later. The rule builds in that comparison for both the response and the reply, so a gap between service and filing works in favor of the responding party rather than against.