EX PARTE APPLICATION FOR TEMPORARY RELIEF

(Oregon Circuit Court – Template)

[// GUIDANCE: Drafted for ex parte temporary restraining order (TRO) practice under Oregon Rule of Civil Procedure (ORCP) 79 and ORS Chapter 30/105 as applicable. Confirm compliance with Chief Justice Orders, Supplementary Local Rules (SLRs), and electronic filing requirements per UTCR 21. Ensure factual declarations satisfy ORCP 79 B(1)–(2).]

TABLE OF CONTENTS

1. Caption ..................................................................................................................... 1
2. Ex Parte Application and Notice ............................................................................. 2
3. Memorandum of Law .............................................................................................. 4
   3.1 Introduction ................................................................................................ 4
   3.2 Procedural Background ............................................................................ 4
   3.3 Legal Standard (ORCP 79) ....................................................................... 5
   3.4 Argument ................................................................................................... 6
   3.4.1 Immediate and Irreparable Injury ................................................. 6
   3.4.2 Probability of Success on the Merits ........................................... 7
   3.4.3 Balance of Equities and Public Interest ...................................... 8
   3.5 Requested Relief and Security (ORCP 82) ............................................. 9
4. Counsel Certification Regarding Notice (ORCP 79 B(1)) ..................................... 10
5. [Proposed] Order .................................................................................................. 12
6. Certificate of Service (ORCP 9; UTCR 21) .......................................................... 14

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1. CAPTION

text
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY NAME]

[PLAINTIFF NAME], ) Case No. [Case Number]
Plaintiff, )
v. ) Assigned Judge: [Judge Name]
)
[DEFENDANT NAME], ) EX PARTE APPLICATION FOR
Defendant. ) TEMPORARY RESTRAINING ORDER
) AND/OR OTHER IMMEDIATE RELIEF

2. EX PARTE APPLICATION AND NOTICE

TO: [Opposing Party/Counsel] and their attorneys of record.

PLEASE TAKE NOTICE that on [Hearing Date] at [Time] a.m./p.m., or as soon thereafter as the matter may be heard in Courtroom [Number] of the above-entitled court located at [Courthouse Address], [Moving Party] will appear ex parte and apply for a Temporary Restraining Order and related relief pursuant to ORCP 79.

This application is brought because [Moving Party] will suffer immediate and irreparable injury before the matter can be heard on regular notice. Specifically, [Summarize imminent harm, e.g., dissipation of assets, unlawful eviction, destruction of evidence]. Good cause exists for ex parte relief because [Explain why notice should be shortened or excused under ORCP 79 B(1)].

Notice of this application was provided to [Opposing Counsel/Party] on [Date] at [Time] by [telephone/email/personal service], as detailed in the accompanying Certification Regarding Notice. [// GUIDANCE: If notice could not be provided, describe diligent efforts and statutory grounds for excusing notice consistent with ORCP 79 B(1).]

This application is based on the pleadings and records on file, the Memorandum of Law, the Declarations of [Declarant Names], the Certification Regarding Notice, the [Proposed] Order submitted herewith, and any further evidence or argument the Court permits.

DATED: [MM/DD/YYYY]

text
Respectfully submitted,

[LAW FIRM NAME]

By: _____
[ATTORNEY NAME], OSB No. [Number]
Attorneys for [Moving Party]

3. MEMORANDUM OF LAW

3.1 Introduction

[// GUIDANCE: Provide a concise synopsis of the emergency, relief requested, and statutory authority. Highlight the status quo to be preserved.]

3.2 Procedural Background

1. Filing History: [Date complaint/petition filed; service status]
2. Current Posture: [Pending motions, trial date, discovery deadlines]
3. Events Prompting Application: [Chronology demonstrating urgency]
4. Prior Court Orders: [Identify any previous TROs/injunctions or related rulings]

3.3 Legal Standard (ORCP 79)

Under ORCP 79 A–B, a circuit court may issue a temporary restraining order without notice when (a) specific facts in sworn statements clearly show that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard; and (b) the applicant's attorney certifies the efforts made to give notice and the reasons why notice should not be required. The applicant must also provide security as the court deems proper pursuant to ORCP 82 A. Oregon courts apply an equitable balancing test considering likelihood of success, irreparable harm, and the equities. See State ex rel. N. Pac. Lumber Co. v. Unis, 282 Or 457 (1978).

3.4 Argument

3.4.1 Immediate and Irreparable Injury

[// GUIDANCE: Detail imminent harm with pinpoint references to attached declarations. Explain why monetary damages are insufficient and why delay until a noticed hearing would be fatal.]

3.4.2 Probability of Success on the Merits

[// GUIDANCE: Provide a merits preview keyed to the operative claims or defenses. Cite controlling Oregon appellate authority and relevant statutes (e.g., ORS 646.607 for trade practices, ORS 105.105 for forcible entry and detainer) as applicable.]

3.4.3 Balance of Equities and Public Interest

[// GUIDANCE: Demonstrate that relief preserves the status quo, minimizes prejudice to the opposing party, and advances any public policy considerations (e.g., consumer protection, safety). Address potential hardship and propose tailored relief.]

3.5 Requested Relief and Security (ORCP 82)

[// GUIDANCE: Specify the precise injunctive terms, request an expedited show cause hearing if needed, and propose an appropriate security/bond amount or argue for waiver under ORCP 82 A(1)(b).]

4. COUNSEL CERTIFICATION REGARDING NOTICE (ORCP 79 B(1))

I, [Counsel Name], certify as follows:

1. I represent [Moving Party] in this matter and have personal knowledge of the facts stated herein.
2. On [Date] at [Time], I notified [Opposing Counsel/Party] of this intended ex parte application by [telephone/email/fax/personal delivery].
3. The response received was [summarize response: opposition/no response/consent].
4. If notice was not provided, I made the following diligent efforts: [Describe efforts]. Notice should be excused because [state exigent circumstances consistent with ORCP 79 B(1)].
5. I informed [Opposing Counsel/Party] that the application would be presented on [Hearing Date] at [Time] in [Courtroom/Department].

I declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct.

Executed on [MM/DD/YYYY] at [City, State].

text

[COUNSEL NAME], OSB No. [Number]

5. [PROPOSED] ORDER

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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY NAME]

[CAPTION SAME AS ABOVE]

[PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE

This matter came before the Court on the Ex Parte Application of [Moving Party] on [Date]. Having considered the Application, supporting declarations, and arguments of counsel, and good cause appearing pursuant to ORCP 79, IT IS HEREBY ORDERED:

1. The Ex Parte Application is GRANTED.
2. [Describe specific restraints imposed on Respondent/Defendant.]
3. [If applicable] Respondent shall appear and show cause on [Date] at [Time] why a preliminary injunction should not issue.
4. [Service] Moving Party shall serve this Order, the Application, and supporting papers by [method] on or before [Date], with proof filed promptly thereafter.
5. [Security] As a condition of this Order, Moving Party shall post security in the amount of $[Amount] pursuant to ORCP 82 A no later than [Date].
6. This Order shall remain in effect until [Expiration Date], unless extended by further order of the Court.

IT IS SO ORDERED.

DATED: ___ ________
Hon. [JUDGE NAME]
Circuit Court Judge

6. CERTIFICATE OF SERVICE (ORCP 9; UTCR 21)

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CERTIFICATE OF SERVICE

I certify that on [Date], I served the foregoing EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER on the following:

[Service List: Name, Firm, Address, Email]

☐ By Odyssey eFile & Serve (UTCR 21.100)
☐ By E-Mail (consent confirmed under ORCP 9 G)
☐ By Facsimile (ORCP 9 F)
☐ By Personal Service (ORCP 7 D(2))
☐ By First-Class Mail (ORCP 9 B)

I declare under penalty of perjury that the foregoing is true and correct.

Executed on [Date] at [City, State].

[NAME OF DECLARANT]

[// GUIDANCE: Attach supporting declarations, exhibits, and any required local forms (e.g., SLR-mandated TRO checklists).]