Rule 8.040.Prejudgment Relief under ORS 107.095(1)
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 8.040
Plain-English Summary
Cases take months. This rule covers what happens in the meantime. An order for relief authorized by ORS 107.095(1) can be granted on a motion supported by an affidavit or a declaration under penalty of perjury that sets out enough facts to establish a right to the relief you want. General assertions will not carry a motion here; the facts have to be on the page.
A motion about temporary custody of a minor child carries a heavier load. The supporting affidavit or declaration must state where the child is now, who the child lives with now, and every person the child has lived with and every place the child has lived for the last six months, including how long with each person and at each residence. It must also say why a temporary custody order is being sought. That history exists so the judge can see the child's recent stability before disturbing it.
When a party asks for temporary support, each side files a Uniform Support Declaration. The party seeking support includes the USD as a documentary exhibit to the motion. The opposing party files a USD and serves it on the party seeking support within 14 days of service of the motion, unless a supplementary local rule sets a different time. Either way, the USD is completed as provided under UTCR 8.010(4), on the form at www.courts.oregon.gov/forms.
Subsection (4) spares you from filing the same declaration twice. A party need not file a USD under subsection (3) if the party is at the same time filing a pleading under UTCR 8.010(4) that incorporates a USD, or if within the prior 30 days the party already filed such a pleading and the information in it has not changed. When an exception applies, the motion has to say so: identify the accompanying pleading and state that it includes a USD, or identify the earlier pleading and state that it included a USD, that it was filed within the prior 30 days, and that the information has not changed.
Frequently Asked Questions
How do I ask for temporary support or custody while my divorce is pending?
File a motion for the relief authorized by ORS 107.095(1), supported by an affidavit or a declaration under penalty of perjury that sets out enough facts to establish your right to that relief.
If you are asking for temporary support, attach a Uniform Support Declaration to the motion as a documentary exhibit unless one of the exceptions in subsection (4) applies.
What has to be in an affidavit supporting a temporary custody request?
Where the child is right now, the person the child presently lives with, and the persons and places the child has lived with for the last six months, including how long with each person and at each residence. The affidavit or declaration must also explain why you are asking for a temporary custody order.
How long do I have to respond with my own Uniform Support Declaration?
If you are the opposing party on a motion for temporary support, you file a USD and serve it on the party seeking support within 14 days of service of the motion.
Complete it the way UTCR 8.010(4) requires, using the form at www.courts.oregon.gov/forms.
I just filed a USD — do I have to file another one with the temporary support motion?
Not if it is current. You are excused from the subsection (3) USD if you are filing a pleading under UTCR 8.010(4) that incorporates a USD at the same time, or if you filed such a pleading within the prior 30 days and nothing in it has changed.
The motion has to claim the exception in writing. Identify the pleading and, for the earlier one, state that it included a USD, that it was filed within the prior 30 days, and that the information has not changed.
Can my county change the deadline in this rule?
Yes for the opposing party's Uniform Support Declaration. The rule sets that deadline unless a supplementary local rule provides to the contrary, so check the supplementary local rules for the judicial district where your case is filed.