Rule 5.060.Stipulated and Ex Parte Matters
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 5.060
Plain-English Summary
Stipulated and ex parte matters travel differently from contested ones, and UTCR 5.060 maps the routes. A judicial district may adopt a local rule listing specific stipulated or ex parte matters that must be presented conventionally, meaning as a paper document under the definition in UTCR 21.010, and that may not be filed electronically. SLR 2.501 is reserved for that purpose, so a practitioner working in an unfamiliar judicial district should look there before assuming eFiling is available.
A matter that may be presented conventionally can reach the judge by mail or messenger, delivered to the trial court administrator, who distributes it to a judge for signature. Some matters may also be handed to a judge in person. An ex parte default, a stipulated order, or a stipulated judgment may be presented by the attorney or the attorney's agent. Any other kind of ex parte matter presented in person must be presented by the attorney.
Every ex parte motion carries the same labeling duty. The caption must contain the term ex parte, and a proposed order must accompany the motion. A judge asked to act without the other side present should be able to see both facts from the face of the document.
Timing is generous by default. Ex parte matters presented conventionally may be presented anytime during court hours, unless a supplementary local rule promulgated under UTCR 1.050 narrows that window. Until a judicial district adopts such a rule, stipulated and ex parte matters may be personally presented at any point in the court day.
Frequently Asked Questions
Can I file an ex parte motion electronically in Oregon?
Often, but not always. A judicial district may adopt a local rule identifying specific stipulated or ex parte matters that must be presented conventionally and may not be electronically filed. SLR 2.501 is the slot reserved for that local rule, so check it for the judicial district where your case sits.
What has to accompany an ex parte motion?
A proposed order. The rule also requires the term ex parte in the caption of the motion. Both requirements apply to a motion for an ex parte order regardless of how the matter reaches the judge.
Can I mail a stipulated judgment to the court?
Yes, if the matter may be presented conventionally. Mail or a messenger can deliver it to the trial court administrator, who distributes it to a judge for signature. That spares a trip to the courthouse for a document nobody is contesting.
Can a legal assistant hand an ex parte matter to the judge?
For an ex parte default, a stipulated order, or a stipulated judgment that may be presented conventionally, the attorney or the attorney's agent may present it personally. Other types of ex parte matters presented personally to a judge must be presented by the attorney.
When during the day can I present an ex parte matter?
Anytime during court hours, unless a supplementary local rule adopted under UTCR 1.050 sets a narrower window. Until such a local rule exists in the judicial district, the whole court day is open for personally presenting stipulated and ex parte matters.