Rule 5.040.Motions to Be Determined by the Presiding Judge or Designee
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 5.040
Plain-English Summary
UTCR 5.040 runs to one sentence: the presiding judge or designee shall hear and determine all motions. Short as it is, the rule answers a question that surfaces in every civil case, which is who has the authority to decide the motion in front of the court.
The answer is the presiding judge, or whoever that judge designates. The designation power is what makes the rule work in practice. A presiding judge in a busy court cannot personally take every motion, and the rule does not ask for that. It places the authority in one office and lets that office distribute the work.
The consequence for a practitioner is modest but real. A motion is not addressed to a judge of the filer's choosing. It goes to the court, and the court decides who takes it. Anything you want to travel with the motion, such as a request for oral argument, a remote appearance, or official court reporting services, goes in the motion itself under UTCR 5.050 rather than being arranged with a particular judge beforehand.
Frequently Asked Questions
Who decides motions in an Oregon circuit court?
The presiding judge or the presiding judge's designee. UTCR 5.040 gives that office the authority to hear and determine all motions, which means motion practice runs through it rather than through whichever judge a party would prefer.
What does the phrase or designee mean here?
It means the presiding judge can hand the work to another judge or judicial officer. The rule does not limit who may be designated or how the designation is made, so the arrangement varies from one judicial district to the next.
Does the presiding judge personally read every motion?
The rule does not require it. It gives the presiding judge the authority and allows a designee to exercise it, which is what lets a court with a heavy motion docket spread the work. Do not assume the judge whose name appears elsewhere in your case will be the one ruling.
Where do I file my motion?
UTCR 5.040 answers who hears a motion, not where it goes. Filing is governed by the rules on filing and service, including the chapter on filing by electronic means, and by any supplementary local rule the judicial district has adopted.
How do I ask for oral argument if the presiding judge decides motions?
Put the request in the caption of the motion, or in the caption of your response if you are opposing. UTCR 5.050 sets out that procedure, along with the time estimate and the statement about official court reporting services that belong in the first paragraph.