Rule 5.100.Submission of Proposed Orders or Judgments
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 5.100
UTCR Reporter's Notes
Reporter’s Note (August 1, 2021): This rule does not apply in the following types of cases: criminal; proposed orders setting aside a record of arrest under ORS 137.225; contempt cases seeking punitive sanctions; juvenile under ORS chapter 419A, 419B, or 419C; or violations, parking violations, or small claims (see UTCR 1.010(3)). Nothing in this rule prohibits a court from adopting an SLR that applies this rule to matters under SLR chapters other than chapter 5.
Plain-English Summary
Most orders and judgments in a civil case reach the judge as a document another party drafted. UTCR 5.100 makes sure everyone sees the draft first. A proposed order or judgment must be served on each attorney not less than three days before it is submitted to the court, or arrive with a stipulation from each attorney that no objection exists. A self-represented party gets a longer runway: service not less than seven days before submission, together with notice of the time period to object.
The second half of the rule is the certificate. Following the space for the judicial signature, the submitting party adds a dated and signed certificate that describes the manner and date of compliance with any service requirement and gives the reason the submission is ready for signature. The rule supplies the wording as a set of boxes to check: every affected party stipulated, every affected party approved, the document was served and no objection came back, objections arrived that could not be resolved despite reasonable efforts, the objecting party agreed to file any remaining objection itself, service was not required, the other parties had already filed waivers of appearance, the punitive damages notice went out, or some other reason the submitting party spells out.
Not every submission runs that gauntlet. The advance service requirement does not apply to a proposed order or judgment presented in open court with the parties present, one for which service is not required by statute, rule, or otherwise as long as the submitting party sets out the specific legal basis, a proceeding in which all other parties previously filed waivers of appearance, a proposed judgment subject to UTCR 10.090, an uncontested probate or protective proceeding or a petition for appointment of a temporary fiduciary, matters certified to the court under the statutes the rule lists unless they are ready for signature without a hearing, and a proposed order allowing attorney resignation under UTCR 3.140. The certificate requirement drops away only for an order or judgment presented and signed in open court with the parties present.
A judgment awarding punitive damages carries an added step: service on the Director of the Crime Victims' Assistance Section at the Oregon Department of Justice not less than three days before submission to the court. The certificate this rule requires may be combined with any certificate of service required by another statute or rule, so one document can carry both. Time under the rule is counted as UTCR 1.130 directs, which sends the computation to ORCP 10. The note published with the rule adds that it does not reach criminal cases, juvenile proceedings, violations, parking violations, small claims, contempt proceedings seeking punitive sanctions, or proposed orders setting aside a record of arrest.
Frequently Asked Questions
How far in advance do I have to serve a proposed judgment in Oregon?
Not less than three days before submission if you are serving an attorney, and not less than seven days before submission if you are serving a self-represented party, who also gets notice of the time period to object. The alternative is a stipulation from each attorney that no objection exists.
What is the certificate that goes below the signature line?
A dated, signed statement that follows the space for the judicial signature. It describes how and when you complied with any service requirement, and it identifies the reason the document is ready for signature using the checklist the rule sets out.
It may be combined with a certificate of service required by another statute or rule.
What do I do if the other side objects to my proposed order?
The rule gives you paths. If you received objections you could not resolve despite reasonable efforts, file a copy of the objections and indicate which ones remain unresolved. If the objecting party agreed after conferring to file any remaining objection independently, say so in the certificate and identify that party's role and name.
When can I submit a proposed order without serving it first?
When it is presented in open court with the parties present, when service is not required by statute or rule and you set out the specific legal basis, when all other parties previously filed waivers of appearance, for a proposed judgment subject to UTCR 10.090, in an uncontested probate or protective proceeding or on a petition for appointment of a temporary fiduciary, for matters certified to the court under the statutes the rule lists unless they are ready for signature without hearing, and for a proposed order allowing attorney resignation under UTCR 3.140.
Do I have to notify anyone before submitting a judgment with punitive damages?
Yes. Any proposed judgment containing an award of punitive damages must be served on the Director of the Crime Victims' Assistance Section at the Oregon Department of Justice not less than three days before it is submitted to the court, and the certificate has a box for saying you did it. UTCR 5.120 covers the separate notices tied to verdicts and judgments.