13th judicial district circuit court for the state of ... · 28.12.2016 · (1) the klamath county...
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13th Judicial District
Circuit Court for the State of Oregon
County of Klamath
This will certify, pursuant to UTCR 1.040, that appended hereto is a true and correct copy
of the Supplemental Local Rules of the Circuit Court of the 13th
Judicial District.
__________________________________
John M. Powell
Trial Court Administrator
Dated: December 28, 2016
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Judicial District ii SLR February 1, 2017
Circuit Court for Klamath County
STATE OF OREGON
13th JUDICIAL DISTRICT
Circuit Court for Klamath County
SUPPLEMENTARY LOCAL RULES
2017
February 1, 2017
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Judicial District 1 SLR February 1, 2017
Circuit Court for Klamath County
Summary of Changes
Effective February 1, 2017
Document changes New language in Chapter Two
Additional language in Chapter Four
Additional revisions and language in Chapter Five
Additional language in Chapter Six
Revisions to language in Chapter Eight
Additional language and revisions in Chapter Nine
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Table of Contents
Chapter 1 – General Provisions ............................................................................................. 5
1.151 Location and Hours of Court Operations ........................................................... 5
1.171 Website .............................................................................................................. 5
Chapter 2- Standards for Pleadings and Documents……………………………………...………………………5
2.011 Filing of Documents in Court ............................................................................. 5
2.012 Addresses and Telephone Numbers .................................................................. 5
2.091 Pleadings, Memoranda and Other Documents ................................................. 6
2.141 Waiver or Deferral of Court Costs and Fees ...................................................... 6
2.151 Return of Documents to Party ........................................................................... 6
Chapter 4 – Proceedings in Criminal Cases ............................................................................ 7
4.011 General Timelines .............................................................................................. 7
4.012 Pretrial Motions/Demurrers .............................................................................. 7
4.013 Postponements .................................................................................................. 7
4.014 Motions to Continue Hearings ........................................................................... 8
4.015 (Repealed)
4.016 Motions to Continue Trial .................................................................................. 8
4.017 Scheduling Conflicts ........................................................................................... 8
Chapter 5 – Proceedings in in Civil Cases ............................................................................... 9
5.005 (Repealed)
5.006 Hearing of Motions – Civil Cases ....................................................................... 9
5.007 Show Cause Orders and Call Date ..................................................................... 9
5.061 (Repealed)
Chapter 6 – Trials ................................................................................................................ 10
6.012 Mandatory Settlement Conference ................................................................. 10
6.031 (Repealed 2013)
6.135 Trial Fees and Preliminary Matters ................................................................. 12
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Table of Contents (continued)
Chapter 7 – Case Management and Calendaring ................................................................. 13
7.005 Matters Involving Children .............................................................................. 13
7.011 Pretrial Conferences in Criminal Proceedings.................................................. 13
7.021 Trial Setting Conference .................................................................................. 13
7.022 Assignment of Cases ........................................................................................ 14
Chapter 8 – Domestic Relations Proceedings ....................................................................... 14
8.012 Uniform Parenting Time/Visitation Schedule .................................................. 14
8.041 Show Cause Order for Temporary Relief ......................................................... 14
8.042 Hearings for Pendente Lite Relief .................................................................... 15
8.045 Parenting Time Enforcement .......................................................................... 15
8.051 Modifications of Domestic Relations Proceedings—Initiating Documents ..... 15
8.075 Parent Education Classes Required ................................................................. 16
Chapter 9 – Probate and Adoption Proceedings .................................................................. 16
9.001 Probate Commissioner .................................................................................... 16
9.006 Self-represented Parties in Probate Proceedings ............................................ 17
9.011 Inventory Requirements: Probate ................................................................... 17
9.041 Adult Guardianships; Appointment of Court Visitor ........................................ 18
9.042 Temporary Guardianship/Conservatorship ..................................................... 18
9.051 Settlement of Personal Injury or Wrongful Death Claims: Requirements ...... 19
9.061 Delinquent Filing; Courtesy Notices ................................................................. 19
9.081 Objection to Petition for Appointment of Guardian/Conservator................... 19
9.082 Alleged Incapacitated Persons—Notice Regarding Free or Low-cost Legal and Other Relevant Services .................................................................. 20
9.161 Form of Accountings ........................................................................................ 20
9.185 Vouchers and Depository Statements in Probate and Protective Proceedings ..................................................................................................... 20
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Table of Contents (continued)
Chapter 11 – Juvenile Court Proceedings ............................................................................. 20
Appearance in Juvenile Court Dependency Cases .................................................................. 20
Chapter 12 – Mediation ...................................................................................................... 21
12.005 Mandatory Mediation Program ...................................................................... 21
12.045 Domestic Relations Mediators ........................................................................ 21
12.085 Domestic Relations Mediation Fees ................................................................ 21
Chapter 13 – Arbitration ..................................................................................................... 22
13.048 Indigent Parties ............................................................................................... 22
Chapter 16 – Violations ...................................................................................................... 22
16.005 Testimony by Affidavit ..................................................................................... 22
Appendices
A State Trial Readiness Report
B Defense Trial Readiness Report
C Notice of Readiness for Decision of ….. (temporary relief)
D Objection to Petition for Appointment of Guardian/Conservator
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Circuit Court for Klamath County
SUPPLEMENTARY LOCAL RULES
CHAPTER ONE—GENERAL PROVISIONS
1.151 Location and Hours of Court Operations
The Court is located at 316 Main Street, Klamath Falls, Oregon 97601. Unless otherwise
ordered due to emergency conditions, information regarding business hours for the Thirteenth
Judicial District may be found at http://courts.oregon.gov/Klamath/. The occasional exception
will be posted at the Courthouse as far in advance as possible.
1.171 Website
The Court’s website may be accessed at http://courts.oregon.gov/Klamath/.
CHAPTER TWO-STANDARDS FOR PLEADING AND DOCUMENTS
2.011 Filing of Documents in Court
(1) The Klamath County Circuit Court has approval from the State Court Administrator to accept
filings electronically for designated case types and documents pursuant to Uniform Trial Court
Rule (UTCR) Chapter 21, which governs filing and service by electronic means.
(2) When conventional filing is permitted or required by UTCR Chapter 21, filings are accepted
at the Klamath County Circuit Court located at 316 Main Street, Klamath Falls, OR 97601. If a
fee is required to be paid prior to filing of a document, then filing may occur only if the fee is
satisfied.
2.012 Addresses and Telephone Numbers
(1) During the pendency of any case charging an offense, including traffic, boating, game,
infraction, violation, and criminal cases, or while any monetary or other obligations imposed by
the Court in such case remain unsatisfied, defendant must keep the Court advised in writing of
defendant’s current name, mailing address, and telephone or message telephone number.
(2) During the pendency of any criminal, civil or domestic relations case any party who is not
represented by an attorney of record must keep the Court advised in writing of the party’s current
name, mailing address and telephone or message telephone number.
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2.091 Pleadings, Memoranda and other Documents in Consolidated Cases
(1) Pleadings, memoranda or other documents filed pursuant to UTCR 2.090, which affect each
of the consolidated cases, must include:
(a) Complete case captions listing all parties and case numbers; and
(b) An original pleading, memoranda or other document for each case that highlights the
case number in which the pleading, memoranda or other document should be filed.
(2) Pleadings, memoranda and other documents that do not apply to each of the consolidated
cases shall contain only the case caption and case number for the case to which they apply.
2.141 Waiver or Deferral of Court Costs and Fees
Applications for waiver or deferral of fees on grounds of indigence or applications for deferment
of payment of fees on grounds of indigence shall be accompanied by an affidavit or declaration
executed by the party seeking such waiver or deferral. Applications may be reviewed by trial
court staff applying standards set by the court. All applications for waiver will be reviewed by a
judge. An application for fee waiver or deferral must be filed at the same time as the initiating
document.
2.151 Return of Documents to Party
In addition to the authority to decline to receive or file a document under ORCP 9E, a document
may be returned to the party who submitted it in the following situations:
(1) A document with an existing case number and case caption from another jurisdiction, unless
filed pursuant to an order signed by a judge allowing a change of venue or authorizing the filing
on some other basis;
(2) A document which requires a fee but the fee or an order to waive or defer such fee is not
provided and the fee requirement has not been satisfied;
(3) A document without sufficient identifying information to determine in which case it should
be filed or entered;
(4) A document which requires court action, but the court action cannot be taken without the
filing of statutorily-required preceding documents;
(5) A document with a case caption from a jurisdiction not recognized by the Oregon
Constitution or established by the Oregon Legislature, or a judgment purportedly issued by a
nonexistent court; and
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(6) A document submitted for filing by facsimile transmission (FAX), unless expressly
authorized by the court.
CHAPTER FOUR—PROCEEDINGS IN CRIMINAL CASES
4.011 General Timelines
No later than 21 days prior to the trial date, for defendants in custody, and no later than 35 days
prior to the trial date, for defendants who are not in custody, trial counsel must report:
(1) Whether a jury trial is requested;
(2) The probable length of trial;
(3) The need for a pretrial hearing; and
(4) Any other matter affecting the case.
4.012 Pretrial Motions/Demurrers
(1) All pre-trial motions and memoranda, including motions in limine, along with an estimate of
the duration of any necessary hearings related to pre-trial issues, shall be submitted to the court
and the opposing party or counsel no later than twenty-one (21) days before trial. Pre-trial
motions will not be heard on the day of trial, unless the court finds good cause to do so.
(2) The court shall set the matter for hearing and notify the parties in writing of the date of said
hearing. Unless for good cause shown, no such hearing shall be scheduled fewer than 14 days
after the filing of said motion
(3) Opposing counsel may, on or before Monday of the week preceding the time for
consideration, file a memorandum of authorities. The moving party may file a reply
memorandum not later than Friday of the week before the motion or demurrer is to be considered
(4) Every motion shall be accompanied by a memorandum of law or a statement of points and
authorities explaining how any relevant authorities support the contentions of the moving party.
4.013 Postponements
(1) Postponement of any case may be presented to the assigned judge by setting a scheduling
conference with the assigned judge. Both the defense attorney and assigned district attorney must
be present at the scheduling conference. Requests for postponement will not be allowed by the
judge if received less than three judicial days before the next Call appearance in that court.
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(2) Motions to postpone shall be accompanied by a supporting declaration and a proposed form
of order. No motion shall be submitted without contacting opposing counsel (or a party if
unrepresented). Any such motion submitted without contacting opposing counsel will be
returned without consideration or action by the court clerk or denied by the Judge.
4.014 Motions to Continue Hearings
(1) Hearings of two hours or less may be continued by stipulation without a written motion if the
court is notified more than forty eight (48) hours before the scheduled hearing.
(2) All motions for continuances of hearings of more than two hours must be in writing and
follow UTCR 6.030. The motion must clearly state: the reason for the motion; acknowledgment
that the client has been advised of the motion for continuance; and, whether the attorney/party
for the opposing side agrees or objects to the continuance. All motions should be submitted as
soon as the party is aware of the need for a continuance, but no later than noon the day before the
hearing. Non-compliance may be grounds for denial.
4.015 (Repealed)
4.016 Motions to Continue Trial
(1) Set-overs and continuances shall be discouraged and will not be allowed unless there are
particular circumstances associated with the case being considered for set-over or continuance
which justify additional time being provided.
(2) Motions and proposed orders must be submitted in writing. Telephone requests will not be
accepted.
(3) The first request, if allowed, will be granted for sixty (60) days. Subsequent requests, if
allowed, will be in sixty (60) day increments.
(4) Absent exceptional good cause, continuance requests or motions brought to the court less
than 3 days before the date set for trial will be denied.
4.017 Scheduling Conflicts
(1) Attorneys are responsible for keeping their calendars and for scheduling cases appropriately.
An attorney who schedules a trial in two or more courtrooms on the same day shall be
responsible to communicate the scheduling conflict to the assigned judges at the trial readiness
call or within 5 days of trial if no trial call has been scheduled. Attorneys are responsible for
resolving their scheduling conflicts. If the scheduling conflict involves in-custody defendants, 60
day trials, or other scenarios whereby case priority is not apparent, attorneys shall inform the
assigned judges, who will then confer and set the priority case. Under no circumstances,
however, will the judges' setting a priority case relieve an attorney from moving to continue any
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other case that cannot be tried as scheduled.
(2) If the attorney/party does not have sufficient time to comply with (1) or fails to comply, the
attorney/party must appear on the matter on the earliest date on the court’s docketing notices.
The attorney/party will not leave that proceeding until it has been concluded or they have been
released by the judge handling the matter. The attorney/party must notify the judge and the other
attorneys/parties in the second matter, as soon as possible but not later than twenty four (24)
hours before the conflicting time, of the reason for their inability to appear in the conflicting case
at the time scheduled.
CHAPTER FIVE—PROCEEDINGS IN CIVIL CASES
5.005 (Repealed 2012)
5.006 Hearing of Motions - Civil Cases
(1) Except as may otherwise be ordered by the Court, all non-criminal Circuit Court motions
shall be heard at the times scheduled by the judge assigned to hear the case. The civil
motions schedule will be posted on the Court’s website.
(2) The time and date of the hearing shall be stated in the caption of the motion and in the copy
served upon the opposing party.
(3) Motions, other than Motions to Continue and motions pursuant to ORCP 47, will be heard on
the next Motion Day that falls after twenty-one (21) days from the filing of the motion,
unless a different hearing date is stipulated by the parties and approved by the Presiding
Judge or designee.
5.007 Show Cause Orders and Call Date
(1) If the matter is to be contested, the date and time of the hearing shall be set by the judge
presiding at Show Cause call.
(2) The moving party must serve upon the opposing party a true copy of the motion, affidavit or
declaration, and order to show cause. The motion must contain or have attached a notice
which is in substantial conformity with the notice set forth in Appendix A to these Rules.
(3) Unless otherwise specifically required by statute, ORCP, or direction of the Court, personal
appearance of the opposing party shall not be required. When personal appearance of the
opposing party is not required, the opposing party must file an answer within the time
allowed by the order. If the opposing party fails to file an answer in accordance with this
rule, the moving party may present an order granting the relief sought in the motion to show
cause.
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(4) Show cause orders requiring the personal appearance of the opposing party shall specifically
state that the opposing party must appear in person before the Court at the time stated in the
Order and shall specifically state that such appearance is for the purpose of a hearing on the
merits of the relief sought by the moving party.
(5) The show cause docket is restricted to motions that do not require a future date. Specifically:
(a) Motion for name change,
(b) Motion for sex change,
(c) Request for debtors exams,
(d) Motions to amend case captions, and
(e) All other ex parte motions that do not require a future date.
(6) All motions requiring a future date must be set on the assigned judge’s trial setting calendar
5.061 (Repealed.)
CHAPTER SIX--TRIALS
6.012 Mandatory Settlement Conference
(1) The settlement conference will not be required if a party demonstrates good cause why
the settlement conference should not be held.
(2) (a) At the mandatory settlement conference, the Court shall require the attendance of all
parties and their trial attorneys. When a party is insured, a representative of the insurance
company who has full authority to settle the case shall be in attendance.
(b) An attorney, party, or representative of a corporation or insurance company may
apply to be excused from appearing at the mandatory settlement conference by initiating
a conference call to the Assigned Judge in advance of the scheduled settlement
conference. The Judge shall rule on said request and, if appropriate, excuse the party
from appearing.
(3) (a) Settlement conferences shall be held informally before a judge other than the
assigned judge at a time and place provided by the Presiding Judge. The conference may
be continued as part of a continuing settlement conference to another day before trial by
the judge. Each case on the settlement conference calendar shall retain its place on the
civil active list. If the case does not settle at such conference, no reference shall
thereafter be made to any settlement discussion had under this rule, except in subsequent
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settlement proceedings.
(b) In the event that a settlement is not reached at the settlement conference, a judge,
other than the one who participated in the settlement proceeding, shall be assigned to try
the case. Any notes or materials submitted by the settlement parties or prepared by the
settlement judge shall be sealed and remain so except by order of the Court.
(4) Settlement conference statements submitted by the parties are confidential documents.
They will not be part of the court file. They will be retained by the settlement conference
judge. After completion of the settlement conference the statements and any attached
material will be returned to the submitting party.
(5) (a) A voluntary settlement conference may be requested by any party to an action at any
stage of the proceeding by filing a request for a voluntary settlement conference with the
Court. The settlement conference shall be held at least twenty-one (21) days prior to
trial. No later than 21 days prior to the date of the settlement conference, the district
attorney shall submit in writing to the court a detailed settlement offer including: the
counts of resolution; grid blocks, if any; terms of incarceration; terms and duration of
probation.
(b) Defense counsel shall, 14 days prior to the date of the settlement conference, submit
in writing a certificate that counsel has informed and discussed the offer with his or her
client and the District Attorney. Also, Defense counsel shall submit to the Court in
writing a detailed settlement offer including all components required herein above of the
District Attorney. Defense counsel shall inform his client of the offer. The same attorneys
shall attend the settlement conference. The prosecuting attorney appearing shall have at
all stages of the proceeding full authority to dispose of the case.
(6) In civil cases, once the parties report to the Court that the case has been settled, the Court
will remove the case from the trial calendar and cause a 63-day conditional notice of
dismissal to be sent to all parties.
(7) In the event settlement negotiations are not successful, counsel should expect
and be prepared to proceed to trial on the scheduled date. Every effort will be
made by the Court to insure that the case proceeds to trial as scheduled. This
Court will deny all requests for continuance except in case of emergency or
highly unusual circumstances.
(8) Five days before the settlement conference, each party shall submit to the
settlement conference judge a confidential statement that contains, at minimum:
(a) A brief summary and analysis of the key issues involved in the litigation;
and
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(b) The status of any settlement negotiation.
(9) When the parties report to the Court that a civil case has been settled, the Court will
remove the case from the trial calendar and cause a 63-day conditional notice of dismissal to
be sent to all parties.
6.031 (Repealed.)
6.135 Trial Fees and Preliminary Matters
(1) All civil matters for which a jury may be called and has not been waived will come on for
trial at 1:15 p.m. the judicial day prior to the date the jury is to be called. At that time,
the parties will notify the Court of any preliminary matters that need to be resolved, and
the approximate time such matters will require. Trial memoranda and requested jury
instructions will be submitted at that time. This appearance may be by
telecommunication at the parties' option.
(2) Preliminary matters will be resolved and jury selection will begin the next business day
after the appearance in Paragraph 1 unless otherwise ordered by the Court.
(3) Trial and jury fees will be payable in accordance with ORS 21.225.
(4) No trial or settlement conference will proceed until the fees under this Rule are
paid to the Trial Court Administrator at least 24 hours prior to trial or hearing. The
Court shall verify that payment has been made or that fees have been waived or
deferred prior to the commencement of trial or hearing where a fee is required to be
paid under ORS Chapter 21 and ORS 105.130. If the Court is unable to verify that
payment has been made, a fee receipt, fee waiver or fee deferral must be presented
to the courtroom clerk prior to the commencement of a trial or hearing.
(5) Fees payable at the conclusion of the trial shall be paid by 5:00 P.M. on the day
trial concludes unless the fee is waived or deferred. If the trial concludes after the
close of business, the fees shall be paid the morning of the first court day thereafter.
For purposes of this rule, a jury trial shall be deemed concluded when the jury
returns a verdict.
(6) The trial judge may elect to delay commencement of the case until the fees are
paid, but failure to pay the fees as stated in SLR 6.025(1) shall not be grounds for a
postponement.
CHAPTER SEVEN—CASE MANAGEMENT AND CALENDARING
7.005 Matters Involving Children
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In all civil and criminal cases and juvenile fact–finding hearings involving a child victim,
witness, or subject of custody, the Court and counsel shall take appropriate action to ensure a
speedy trial. Such actions shall be given precedence over all others, except those in which a
defendant in a criminal proceeding is being held in pretrial custody, or as may otherwise be
required by law. In such actions, continuances shall be granted by the Court only after a
hearing and a determination of the necessity thereof. In ruling on any motion or other
request for a delay or continuation of a proceeding, the Court shall consider any adverse
impact the delay or continuance may have on the child involved in the case.
7.011 Pretrial Conferences in Criminal Proceedings
(1) At arraignment, if a guilty plea is not entered, the Court will set a further appearance, at
which a negotiated settlement may be entered or the matter set for trial. Information
required by UTCR 7.010(3) may be in a form substantially as set forth in APPENDIX A
or B, as appropriate.
(2) All defendants must personally appear at the second appearance unless specifically
excused.
7.021 Trial Setting Conference
(1) To facilitate trial date agreement under UTCR 7.020(6), a trial setting conference will be
scheduled at the request of any party or as directed by the assigned judge.
(2) The trial setting conference shall be conducted by the judge or designee. Insofar as feasible,
the Court shall assign the same date for trial setting conferences to those cases in which the
same attorney appears.
(3) Each party appearing in any case shall attend the trial setting conference in person or by
counsel. A conference call to set a date for mandatory settlement conference and trial will be
sufficient compliance with this rule. The attorneys so attending shall have full authority to
act in all matters pertaining to setting the case for trial or settlement conference.
(4) At the trial setting conference, the Court shall determine the extent of discovery heretofore
commenced or completed, what discovery proceedings remain to be performed, and whether
the case is or will be ready for trial, and if so, shall set a time and place for trial and
mandatory settlement conference, unless the Court is of the opinion a settlement conference
would serve no useful purpose.
7.022 Assignment of Cases
(1) The Klamath County Circuit Court maintains an individual assignment system, with cases
being randomly assigned as described below on a relatively equal basis to all judges. Civil,
domestic relations, juvenile and criminal cases are assigned to individual judges for
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management, control and case processing purposes.
(2) The civil and domestic relations cases which are assigned to individual trial judges are
randomly assigned at the point of filing. Subsequent hearings and involvement with the
Court, except for settlement conferences under Rule 6.012(3), shall normally be with the
judge assigned to the individual case.
(3) Criminal cases shall be assigned to an individual Judge at the point of filing.
(4) In order to promote judicial economy and consistency, a judge may request assignment of a
new case involving one or more parties already assigned to that judge in another case or
cases.
(5) Issues regarding companion cases, affidavits of prejudice, reassignment of cases, and similar
case management questions, should be raised with the assigned judge. If necessary, such
issues will be referred to the Trial Court Administrator for subsequent handling or
reassignment.
(6) All issues regarding scheduling of appearances, including motions and trials for assigned
cases, shall be resolved through contact directly with staff of the assigned judge.
CHAPTER EIGHT—DOMESTIC RELATIONS PROCEEDINGS
8.012 Uniform Parenting Time/Visitation Schedule
The Court will, from time to time, establish "standard" parenting time schedules. Copies of the
current schedule will be posted on the Court’s website and will be available free of charge from
the Clerk’s Office. The standard schedule will be adjusted to the needs of the parties and
children in each case.
8.041 Show Cause Order for Temporary Relief
(1) The moving party must file a Uniform Support Declaration together with the motion and a
supporting affidavit or declaration for an order of temporary support. If the relief requested
includes support, a blank Uniform Support Declaration shall be served on the adverse party
with the Order to Show Cause for use of the adverse party should such party desire to
respond.
(2) The Response shall admit and/or deny the relief sought and shall set forth any additional
motions for temporary relief. The Response shall be accompanied by an Affidavit setting
forth the justification for the relief opposed or sought by the responding party.
(3) Except where the matter has previously been specially set for hearing, the initial dates for
appearance on an Order to Show Cause shall be noted in the Order to Show Cause, to be
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served on the person ordered to appear. Except in matters of temporary support, petitioner
and respondent must personally appear.
8.042 Hearings for Pendente Lite Relief
Temporary support pendente lite shall be determined without testimony, based on the affidavits
filed by the parties. The moving party may respond to the adverse party’s responding Uniform
Support Declaration. In any case involving temporary child support, the financial affidavits filed
by the parties with the Court shall include applicable SED child support computation worksheets.
When the matter is ready for decision, the moving party shall so notify the Court by filing a
Notice of Readiness for Decision, a copy of which is attached to these Rules as APPENDIX C.
8.045 Parenting Time Enforcement
Proceedings to enforce parenting time pursuant to ORS 107.434 are to be initiated by motion,
affidavit and order to show cause. The proposed order must include an area where the court can
indicate the date, time and location of the hearing. Unless otherwise ordered by the court, the
moving party must obtain a copy of the signed order from the court and serve the other party
with copies of the motion, affidavit and order to show cause and any supporting papers at least
twenty-one (21) days before the time set for the hearing. OJD Enforcement of Custody and
Parenting Time Orders, Forms Packet 5a, may be used for this purpose.
8.051 Modification of Domestic Relations Proceedings—Initiating Documents (1) An order to show cause will be allowed only upon the motion of a party supported by
affidavit/declaration. If the relief requested includes support, the moving party must file a
Uniform Support Declaration with the motion
(2)The date for hearing shall be set by the court and noted in the Order to Show Cause, to be
served on the person ordered to appear. Petitioner and respondent must personally appear on the
date set for hearing.
(3) The opposing party must file a written response accompanied by an Affidavit setting forth the
justification for the relief opposed or sought by the responding party.
(4) If the opposing party fails to file a written response within the time allowed, the moving party
must submit an order for default allowing the relief requested in the order to show cause.
(5) In any matter wherein a party seeks a modification of a domestic relations judgment, the
initiating document shall set forth immediately below the case number, on the first page, the date
of the original judgment, and substantially conform the following: “Date of original
judgment: ______________.”
8.075 Parent Education Classes Required
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1. All individuals who are parties to a case involving child custody or parenting time, whether
or not contested, must attend a parent education class once unless otherwise ordered by the
court.
2. Requests to waive this requirement must be submitted as a separate document and not as a
part of any other pleading. This rule does not apply to juvenile dependency or delinquency
proceedings.
CHAPTER NINE—PROBATE AND ADOPTION PROCEEDINGS
9.001 Probate Commissioner
(1) The Probate Commissioner appointed by the Presiding Judge of this court will assist in the
administration of decedents’ estates, guardianships, conservatorships, trust estates, and name
change proceedings.
(2) The powers of the Probate Commissioner include the following:
(a) To act upon and make orders on behalf of the court for uncontested petitions for
appointment of special administrators; for probate of wills; and for appointment of
personal representatives, guardians and conservators.
(b) To set the amount of the fiduciary bond for special administrators, personal
representatives, guardians and conservators.
(c) To approve such bonds.
(d) To screen all probate filings to determine compliance with procedural requirements
imposed by law, by UTCRs and by SLRs.
(e) To act upon and make orders on behalf of the court approving uncontested accountings,
annual reports, and visitor’s reports.
9.006 Self-represented Parties in Probate Proceedings
(1) If a personal representative or conservator intends to appear on behalf of the estate or
protected person without an attorney, the personal representative or conservator shall
provide notice of that intention intent to the court and proof of competence to so appear.
If the proof is not sufficient to assure the court the estate will be protected and properly
administered, the court will take appropriate action.. The Court will take appropriate
action if at any time the demonstration of competence is not sufficient to assure the Court
that the estate or interest will be and continue to be adequately represented.
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Judicial District 17 SLR February 1, 2017
Circuit Court for Klamath County
(2) Corporations and a person other than a personal representative or conservator may appear
in person without counsel in any matter before the Probate Court as authorized or allowed
by law. Both the person who is appearing and counsel for the personal representative
must notify the Probate Court if any party to a proceeding is appearing self-represented.
The Probate Judge will decide whether further hearings are required.
9.011 Inventory Requirements: Probate
1) Within 90 days after the date of appointment the conservator must file an inventory of all the
property of the estate of the protected person that has come into the possession or knowledge of
the conservator. The inventory must show the estimates by the conservator of the respective true
cash values as of the date of the protective order. If the protected person has attained 14 years of
age, a copy of the inventory must be served on the protected person personally or by mail.
(2) Whenever any property of the estate of the protected person not included in the inventory or
any subsequent accounting and not derived from any asset included in a prior inventory or any
subsequent accounting comes into the possession or knowledge of the conservator, the
conservator must file a supplemental inventory in the protective proceeding. The supplemental
inventory must be filed within 30 days after the date of receiving possession or knowledge of the
property.
3) The inventory filed pursuant to ORS 113.165 shall list real property by legal description and
with the county’s tax account number and lot number in the same manner as required in a deed.
All other assets shall be described with sufficient specificity to identify the asset(s).
9.041 Adult Guardianships; Appointment of Visitor
(1) The court will appoint a visitor when required by ORS 125.150. A petition for
guardianship shall designate in the caption that it is for guardianship of an adult, whether
it is for a temporary or an indefinite time (or both), and whether a conservatorship is also
being requested.
(2) Where the petition seeks appointment of a guardian, an Order Appointing a
Visitor must be filed with the court with a copy of the petition marked
“VISITOR’S COPY” attached. Proof of service of the petition and notice on all
necessary people must be filed with the court before a Visitor will be assigned.
(3) The visitor shall not be appointed, nor undertake an investigation pursuant to ORS
125.155 or an interview as required for a temporary guardianship, until proof of
service of the notice has been filed.
(4) The fee for the visitor shall be paid directly to the visitor by the petitioner. The
visitor need not undertake any investigation until satisfactory fee arrangements
have been made. The Court Visitor's fee shall be an hourly of $85/hour.
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Judicial District 18 SLR February 1, 2017
Circuit Court for Klamath County
(5) The visitor will appear at the hearing on any objection to the appointment of a
fiduciary. The objecting party shall pay the sum of $25.00 to the visitor as
compensation for the visitor’s attendance at the hearing. However, if the
objecting party is the respondent, the visitor’s attendance fee shall be paid by the
petitioner.
(6) The appointment of a visitor for a guardianship for a minor may be waived if,
upon filing, the guardian feels that it would waste resources to have a visitor in
the particular case. Basis for the exemption must be established in the petition for
guardianship.
9.042 Temporary Guardianship/Conservatorship
(1) Whether or not objections are filed to an order granting temporary fiduciary
powers, the order appointing the temporary fiduciary shall set a date and time for
a hearing within ten (10) days of the appointment for the purpose of determining
whether the temporary appointment shall continue. Notice of the hearing must be
given to all persons specified in ORS 125.060(2) in the manner provided by ORS
125.605. Nothing in this subsection shall obviate the need for compliance with
ORS 125.605(2).
(2) The court will require a bond for a temporary fiduciary exercising the powers of a
conservator, unless the bond is waived upon a showing of good cause.
9.051 Settlement of Personal Injury or Wrongful Death Claims: Requirements
A petition for approval of a settlement of a personal injury claim or wrongful death claim shall
be accompanied by an affidavit which sets forth the following:
(i) a description of the incident causing the injury or death;
(ii) a description of the injury;
(iii)the amount of the prayer and settlement (if a structured settlement is requested,
the present value of the future payments should be indicated):
(iv) the amount of the attorney fees and costs;
(v) the proposed disposition of the settlement proceeds, if known; and
(vi) a concise statement (not more than 50 words) explaining the reasons for the
settlement.
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Judicial District 19 SLR February 1, 2017
Circuit Court for Klamath County
9.061 Delinquent Filing; Courtesy Notices
In the event of a delinquency or deficiency in filing any document required by statute or court
order, the attorney of record shall be sent a courtesy notice. If there is no attorney of record, then
the courtesy notice shall be sent to the personal representative, conservator, or guardian. The
personal representative, conservator or guardian is expected to promptly cure the defect or
delinquency. If the deficiency is not addressed within 30 days, the Court will issue an order to
appear and show cause why the personal representative, conservator, or guardian, together with
counsel of record, should not be removed or held in contempt. The personal representative,
conservator, or guardian, together with counsel of record, must appear—whether or not the
delinquency or defect has been subsequently corrected—unless otherwise ordered by the court.
If the delinquency or defect has not been corrected by the time of the hearing, sanctions may be
imposed.
9.081 Objection to Petition for Appointment of Guardian/Conservator
Any interested person, as described in ORS 125.075(1), who has an objection to a petition in a
protective proceeding should submit a written objection on the form at APPENDIX D. The
form may be submitted by mail or by filing it in person with the Clerk’s Office at the Klamath
County Courthouse, 316 Main Street, Klamath Falls, Oregon. Upon receipt of the objection, the
Court will schedule a hearing and notify the appropriate parties. The objection form shall be
white paper, not blue.
9.082 Alleged Incapacitated Persons—Notice Regarding Free or Low Cost Legal and Other
Relevant Services
In a proceeding for the appointment of a fiduciary for a respondent who is not a minor, the notice
required under ORS 125.070(2)(c) shall include the following language or its equivalent:
Free legal services for persons who are subject to a protective proceeding may be
obtained by calling Legal Aid at 1-541-273-0533. Low cost legal consultation
may be obtained by calling the Oregon State Bar, attorney referral service, at
1-800-452-7636.
9.161 Forms of Accountings
Unless the Court waives the requirement, accountings in estates and conservatorships under ORS
116.083 and ORS 125.475must be submitted either in the format specified in UTCR 9.160 or by
the Court and posted on the Court’s website http://courts.oregon.gov/Klamath/. SEE Appendix G.
9.185 Vouchers and Depository Statements in Probate and Protective Proceedings
(1) Original vouchers need not be filed with accountings unless ordered by the Court.
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Judicial District 20 SLR February 1, 2017
Circuit Court for Klamath County
(2) In lieu of original vouchers, depository statements for each depository account shall be filed
with accountings and shall be accompanied by a list that sets out in chronological order the
date, amount, check number, recipient and purpose of each disbursement. The list shall show
each receipt into the account with a brief explanation of the source and the purpose of the
receipt.
CHAPTER ELEVEN—JUVENILE COURT PROCEEDINGS
11.005 Appearance in Juvenile Court Dependency Cases
(1) Pursuant to ORS 419B.819, parents shall respond to a summons for a petition for
guardianship or termination of parental rights by filing a written answer to the petition within
30 days from the date on which the parent was served with the summons.
CHAPTER TWELVE—MEDIATION
12.005 Mandatory Mediation Program
Except for good cause shown, mediation shall be ordered in any civil case filed in Klamath
County and involving a dispute over custody or visitation of a minor child or children. However,
mediation is not required in any case arising under the Family Abuse Act, ORS 107.700–
107.730.
12.045 Domestic Relations Mediators
To qualify as a Court-approved domestic relations mediator, a person must:
(i) Meet all applicable requirements for domestic relations mediators established by the
Oregon Judicial Department;
(ii) Sign and submit to the Trial Court Administrator an original application setting forth
the information required by the Oregon Judicial Department; and
(iii)Receive approval by the Presiding Judge, after consultation with the Circuit Court
Judges for the 13th
Judicial District.
12.085 Domestic Relations Mediation Fees
(1) For issues subject to mandatory mediation under this Chapter 12, Klamath County shall
compensate the mediator at an hourly rate set by the Presiding Judge for up to a maximum of
six (6) hours per new case and for up to an additional three (3) hours per modification
petition. The funding source for this program shall be limited to funds available through the
State Court Administrator and maintained by the County for that purpose.
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Judicial District 21 SLR February 1, 2017
Circuit Court for Klamath County
(2) For issues for which mandatory mediation is not required under these rules, the parties may
agree to mediate with the court-appointed mediator. In that case, compensation arrangements
shall be determined in writing between the mediator and the parties, and mediation fees will
be negotiated and paid by the parties.
(3) If the parties select a mediator who is not on the court-approved list, the compensation shall
be fixed by agreement between the parties and the mediator, and payment shall be
responsibility of the parties.
CHAPTER THIRTEEN--ARBITRATION
13.048 Indigent Parties
1) Indigent parties must seek waiver of the arbitrator’s fee within 14 days from the date the case
is transferred to arbitration. The request must be submitted by motion and order, supported
by an affidavit, and must be presented to the Presiding Judge for approval.
2) In the event funds are available under ORS 36.420 for the payment of fees that are waived,
the arbitrator shall be reimbursed after completion of the arbitration, filing of the Arbitration
Award, and submission to the Court of an appropriate motion and order.
CHAPTER SIXTEEN— VIOLATIONS
16.005 Testimony by Affidavit or Declaration Under Penalty of Perjury
If a signed waiver is filed by the alleged violator, testimony in a traffic violation trial is
allowable by affidavit or by declaration under penalty of perjury, pursuant to ORS 153.080.
A copy of the witness’ affidavit or declaration shall be provided to the alleged violator before
trial.
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Judicial District A – 1 February 1, 2017
Circuit Court for Klamath County
APPENDIX A (SLR 7.011)
THIRTEENTH JUDICIAL DISTRICT OF THE STATE OF OREGON for KLAMATH COUNTY
State of Oregon, Plaintiff, vs.
______________________________, Defendant
State Trial Readiness Report Case No. _______________________________
DISCLOSURE A. Witness List: The State of Oregon presently intends to call the following witnesses at trial:
1. _________________________
2. _________________________
3. _________________________
4. _________________________
5. _________________________
6. _________________________
7. _________________________
8. _________________________
B. The State presently intends to call the following out-of-state witnesses at trial:
1. _________________________ City & State __________________________________
2. _________________________ City & State __________________________________
3. _________________________ City & State __________________________________
C. Defense counsel has been provided with the addresses of the above persons: Yes No
D. Defense counsel has been provided with a copy of all police reports, presently known by the State, in this case: Yes No (If “No,” list those not provided: ________________________________.)
E. Defense counsel has been provided with copies of all written or recorded statements or memoranda of any oral statements of the above persons and of the defendant or co-defendant: Yes No (If “No,” list those not provided: _________________________________________.)
F. Defense counsel has been given complete criminal history reports on the following persons:
1. _________________________
2. _________________________
3. _________________________
4. _________________________
G. The State has complied with ORS 135.815, requiring disclosure to the defense of expert witnesses, report of experts, documentary evidence or other statutory requirements subject to discovery: Yes No (If “No,” list those not provided: _____________________________________.)
H. The State asks the court for a pretrial hearing: Yes No
I. The State estimates the probable length of the trial to require ________ judicial days.
J. The following matters remain at issue: ___________________________________________________
__________________________________________________________________________________
K. The State intends to file the following motions:
1. _________________________
2. _________________________
3. _________________________
4. _________________________
I have reviewed the above entries. They are correct to the best of my knowledge. I will immediately notify opposing counsel of any change in the status of the above information. _________________________ ______________ 7/12/04 (Deputy) District Attorney Date
13th
Judicial District B – 1 February 1, 2017
Circuit Court for Klamath County
APPENDIX B (SLR 7.011)
THIRTEENTH JUDICIAL DISTRICT OF THE STATE OF OREGON for KLAMATH COUNTY
State of Oregon, Plaintiff, vs.
______________________________, Defendant
Defense Trial Readiness Report Case No. _______________________________
DISCLOSURE
A. Witness List: The defense presently intends to call the following witnesses at trial: 9. _________________________
10. _________________________
11. _________________________
12. _________________________
13. _________________________
14. _________________________
15. _________________________
16. _________________________
C. Defense counsel presently intends to call the following out-of-state witnesses at trial:
4. _________________________ City & State __________________________________
5. _________________________ City & State __________________________________
6. _________________________ City & State __________________________________
C. The State has been provided with the addresses of the above persons: Yes No
D. The State has been provided with copies of all written or recorded statements or memoranda of any oral
statements of the above persons (other than the defendant): Yes No (If “No,” list those not
provided: _________________________________________.)
E. The defense has complied with ORS 135.835, requiring disclosure to the State of expert witnesses, report of experts, documentary evidence or other statutory requirements subject to discovery:
Yes No (If “No,” list those not provided: __________________________________.)
F. The defense asks the court for a pretrial hearing: Yes No
G. The defense intends to waive a jury trial: Yes No
H. The defense estimates the probable length of the trial to require ________ judicial days.
I. The defense intends to file the following motions:
5. _________________________
6. _________________________
7. _________________________
8. _________________________
J. The following matters remain at issue: __________________________________________
__________________________________________________________________________________ I have reviewed the above entries. They are correct to the best of my knowledge. I will immediately notify opposing counsel of any change in the status of the above information. _________________________ ______________ Defense Counsel Date 7/12/04
13th
Judicial District C – 1 February 1, 2017
Circuit Court for Klamath County
APPENDIX C (SLR 8.042)
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF KLAMATH
__________________________________________,
Petitioner
&
_________________________________________,
Respondent
Case No.
NOTICE OF READINESS
FOR DECISION OF
Petitioner Respondent
The pending motion for temporary relief is at issue, and the moving party requests the Court decide the
motion five (5) judicial days after filing this Notice. The motion should be decided upon the following
documents:
1. Order to Show Cause regarding temporary support, payment of debts, and attorney fees.
2. Uniform Support Declaration of Petitioner.
3. Uniform Support Declaration of Respondent.
4. _________________________________________________
5. _________________________________________________
6. _________________________________________________
___________________________________
Moving Party or Attorney for Moving Party
I certify that I served a true copy of the above notice upon the adverse party in the manner set forth in
the Oregon Rules of Civil Procedure on __________________________________, 20___.
___________________________________
Moving Party or Attorney for Moving Party
I certify the foregoing is a true copy of the original notice I am filing with the Court.
___________________________________
Moving Party or Attorney for Moving Party
Rule 8.042 Form
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Judicial District F – 1 February 1, 2017
Circuit Court for Klamath County
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF KLAMATH
In the Matter of: _______________________________, Petitioner Co-Petitioner, and _______________________________, Co-Petitioner Respondent,
Case No. ____________________________ Petitioner Co-Petitioner Respondent REQUEST TO: ATTEND PARENT EDUCATION CLASS ON-LINE / OTHER LOCATION And/or: WAIVE DEFER SATISFY REQUIREMENT FOR PARENT EDUCATION CLASS
Petitioner Co-Petitioner Respondent respectfully requests the Court to: Attend a similar parent education class on-line Attend a similar parent education at the following location: OR: Petitioner Co-Petitioner Respondent respectfully requests the Court to: Waive Defer Satisfy my mandatory attendance of the parent education class as required by Klamath County Circuit Court Supplement Local Rule 8.075 for the following reasons: Certificate of Document Preparation. Petitioner Co-Petitioner Respondent selected and completed this form without paid assistance. Petitioner Co-Petitioner Respondent will pay or has paid for assistance to complete this form. DATED: , 20 Petitioner Co-Petitioner Respondent Signature Printed Name Mailing Address City, State, Zip Telephone number I certify this to be a true copy of the original:
Petitioner Co-Petitioner Respondent signature
13th
Judicial District F – 1 February 1, 2017
Circuit Court for Klamath County
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF KLAMATH
In the Matter of: _______________________________, Petitioner Co-Petitioner, and _______________________________, Co-Petitioner Respondent
Case No. ____________________________
ORDER: Petitioner Co-Petitioner Respondent REQUEST TO: ATTEND CLASS ON-LINE / OTHER LOCATION; WAIVE DEFER SATISFY REQUIREMENT FOR PARENT EDUCATION
CLASS
This matter came before the Court upon the request of the: Petitioner Co-Petitioner Respondent for approval of Order or Judgment,
THE COURT FINDS THAT: Petitioner Co-Petitioner Respondent request to: ATTEND CLASS ON-LINE OTHER LOCATION at the following location of: . WAIVE DEFER SATISFY REQUIREMENT FOR PARENT EDUCATION CLASS is hereby: ALLOWED DENIED. DATED this day of , 20 . Circuit Court Judge Submitted by: Petitioner Co-Petitioner Respondent signature Printed name Mailing address City, State, zip Telephone number I certify this to be a true copy of the original.
Petitioner Co-Petitioner Respondent
13th
Judicial District F – 1 February 1, 2017
Circuit Court for Klamath County
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF KLAMATH
Guardianship/Conservatorship of
______________________________________,
(Protected Person)
Case No. ___________________
OBJECTION TO PETITION FOR
APPOINTMENT OF GUARDIAN/
CONSERVATOR
I, _______________________________________________________________________,
(Objecting party’s name and relationship to the Protected Person)
hereby object to the Protective proceeding or the proposed guardian or conservator for the following
reasons (state reasons below and use additional sheet if necessary):
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_______________________________________________
(3) Signature of Objecting Party
_______________________________________________
(4) Printed or Typed Name of Objecting Party
_______________________________________________
(5) Address or Contact Address
_______________________________________________
(6) City State Zip
_______________________________________________
Telephone or Contact Telephone Number(s)
13th
Judicial District G – 1 February 1, 2017
Circuit Court for Klamath County
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF KLAMATH
Probate Department
In the Matter of the [Mark one] Case no.
Conservatorship Estate of
_________________________
[TITLE] ACCOUNTING
[The title must distinguish the accounting from
all prior accountings by annual
Protected Person Deceased accounting number, time period, or
“FINAL”.]
The conservator personal representative (“the Fiduciary”) presents this [Title]
_______Accounting, covering the period from ____________, 20___ through _______________,
20___ (“the accounting period”).
1.
Bonding and Asset Restrictions. [Mark (a) or (b).]
(a) No bond is required because ____________. [If the bond was waived by court order, so state
and show date of the order. If the bond is waived by statute or rule, so state and identify the statute
or rule.]
(b) The current amount of the total bond, including riders, is $______________.
[Complete the following information for interim (annual) accounts only.]
Value of the assets on last date of this accounting period $________
Plus: estimated income for next accounting period $________
Total assets and income $________
Less: value of restricted assets and income $________
(Orders restricting assets or income are dated
_____________)
Unrestricted assets and income requiring bond or new restrictions $________
(c) The Fiduciary requests the following changes in the amount of the existing bond or in
restrictions on assets or income. [Check all that apply.]
None.
Reduce the bond to $____________.
Increase the bond to $_____________.
Restrict the following assets: _________________________________.
Remove the restrictions from the following assets: _____________________.
(d) [If appropriate, explain the Fiduciary’s request for the bond and restrictions.]
2.
Asset Schedule. The following [or Exhibit 1 hereto] is a complete and accurate statement of all
assets owned by the estate or conservatorship at any time during the accounting period and the
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Judicial District G – 1 February 1, 2017
Circuit Court for Klamath County
Fiduciary’s estimate of the value of each asset: [If preferred, attach an exhibit using the Following
format.]
Description of Asset*
Beginning
Value
Value of Later-
Acquired Asset
Value at
Disposition
Current
(Ending) Value
TOTALS
* [For assets restricted by court order, include the date and title of the order. For any asset
acquired or disposed of during the accounting period, include the date of acquisition or disposal.
For a depository (an account into which funds are received or from which funds are disbursed)
include the separate paragraph or exhibit with the statement of receipts and disbursements.]
3.
Receipts and disbursements. The following [or Exhibits ___ to ___ hereto] are complete and
accurate schedules of funds received in and disbursed from each depository account of the estate or
conservatorship during the accounting period. [If preferred, attach exhibits using the following
format.]
(a) [State name of depository and account number.]
Date Source of Receipt Explanation Amount
OPENING BALANCE
TOTAL RECEIPTS
TOTAL RECEIPTS PLUS (+) OPENING BALANCE
Date Check # Payee Explanation Amount
OPENING BALANCE
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Judicial District G – 1 February 1, 2017
Circuit Court for Klamath County
TOTAL DISBURSEMENTS
ENDING BALANCE (Total Receipts, Plus (+) Opening
Balance, Minus (-) Total Disbursements)
TOTAL DISBURSEMENTS PLUS (+) ENDING
BALANCE
[Reconcile any difference between the accounting ending balance for the depository account and
the ending balance shown on any ending depository statement filed with this accounting.]
(b) [Add a separate subparagraph or exhibit for each additional depository account.]
4.
Vouchers and Depository Statements. [Vouchers are documents evidencing each disbursement
and showing the name of the payee, date, and amount. Depository statements are statements from
banks, brokerage firms, insurance companies, and similar entities with which estate assets are
deposited showing the balance in the depository account at the beginning and end of the accounting
period. If vouchers and depository statements are filed with the account, skip to (c). Otherwise mark
(a) or (b).]
(a) The filing of vouchers and depository statements was waived [Mark one.]
By court order herein dated _________________.
By the following statute or court rule: __________________.
(b) ❑ The Fiduciary requests that the Court waive the requirement of filing vouchers and
depository statements for this accounting. The vouchers and depository statements are located at the
following address: ________________________. The vouchers and depository statements will be
available for examination by interested persons at that location until one year after the approval of
the final accounting herein.
(c) ❑ The Fiduciary requests that vouchers and depository statements filed with this accounting be
returned. A self-addressed envelope with adequate postage for return of the documents is attached
to the vouchers.
5.
Narrative Description of Changes during the Accounting Period. During the accounting period
the following changes in the assets or financial circumstances occurred:
[Describe all changes not clearly disclosed in the Asset Schedule, including, without limitation,
corrections to previously declared values, omitted assets, the closing of an account, the sale or
purchase of an asset, a significant change in living expenses, or a stock split.]
(a) [Use as many subparagraphs as necessary to separately describe each change.]
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Judicial District G – 1 February 1, 2017
Circuit Court for Klamath County
(b)
6.
Fiduciary Disclosures. [Disclose and explain every transaction if the transaction was any of the
following: (a) A gift. (b) A transaction with a person or entity with whom the Fiduciary has a
relationship which could compromise or otherwise affect decisions made by the Fiduciary. The
disclosure shall include, but is not limited to, payment for goods, services, rent, reimbursement of
expenses, and any other like transactions. (c) A payment for goods or services provided by a person
not engaged in an established business of providing similar goods or services to the general public.
(d) A payment for goods or services at a rate higher than that ordinarily charged to the general
public.]
(a) [Use as many subparagraphs as necessary to separately describe each transaction.]
(b)
7.
Fees. [Insert any information regarding requests for Fiduciary or attorney fees and costs.]
8.
Notice. [Insert any required information addressing the Fiduciary’s notice requirements.]
9.
Other Matters. [Add as many additional paragraphs as may be needed to justify requests for court
orders included in the prayer of the accounting and to comply with requirements applicable to the
particular accounting, such as the representations concerning tax filings required by ORS
116.083(3)(a) in a final account for a decedent’s estate. If necessary, add an appropriate indication
of relief requested to the title of the accounting. It is the responsibility of the Fiduciary and the
attorney for the Fiduciary to identify and comply with all requirements imposed by statue, rule, or
court order.]
WHEREFORE the Fiduciary prays for an order:
1. Approving this accounting. [If applicable. Generally annual accounts in decedent’s estates will
not be approved by the Court until the final account is approved.]
2. Setting the amount of the bond at $______________. [Include this provision only if a change of
the bond amount is requested in Paragraph 1.]
3. Changing the asset restrictions as follows: ______________. [Include this provision only if a
change of the asset restrictions is requested in Paragraph 1.]
4. Directing the payment of $_________ as reasonable Fiduciary’s fee and $________ as
reasonable attorney fees incurred by the Fiduciary. [If applicable.]
5. [Set forth any additional relief requested.]
I hereby declare that the above statement is true to the best of my knowledge and belief, and
that I understand it is made for use as evidence in court and is subject to penalty for perjury.