ORS 14.270
Time of making motion for change of judge in certain circumstances

  • limit of two changes of judge
An affidavit and motion for change of judge to hear the motions and demurrers or to try the case shall be made at the time of the assignment of the case to a judge for trial or for hearing upon a motion or demurrer. Oral notice of the intention to file the motion and affidavit shall be sufficient compliance with this section providing that the motion and affidavit are filed not later than the close of the next judicial day. No motion to disqualify a judge to whom a case has been assigned for trial shall be made after the judge has ruled upon any petition, demurrer or motion other than a motion to extend time in the cause, matter or proceeding; except that when a presiding judge assigns to the presiding judge any cause, matter or proceeding in which the presiding judge has previously ruled upon any such petition, motion or demurrer, any party or attorney appearing in the cause, matter or proceeding may move to disqualify the judge after assignment of the case and prior to any ruling on any such petition, motion or demurrer heard after such assignment. No party or attorney shall be permitted to make more than two applications in any action or proceeding under this section. [1955 c.408 §1(3); 1959 c.667 §2; 1969 c.144 §1; 1981 c.215 §7; 1995 c.781 §30]

Source: Section 14.270 — Time of making motion for change of judge in certain circumstances; limit of two changes of judge, https://www.­oregonlegislature.­gov/bills_laws/ors/ors014.­html.

Notes of Decisions

Where trial judge had previously entered order enjoining defendant during pendency of lawsuit, defendant’s motion to disqualify judge was untimely. Oregon State Bar v. Wright, 280 Or 693, 573 P2d 283 (1977)

For purposes of motion for change of judge, time of assignment of case to judge commences when party learns of assignment. Allee v. Morrow, 175 Or App 308, 28 P3d 651 (2001), Sup Ct review denied

Knowledge of party’s attorney regarding assignment of judge is imputable to party. Allee v. Morrow, 175 Or App 308, 28 P3d 651 (2001), Sup Ct review denied

Whether defendant was represented by counsel at time defendant learned of judge assignment does not affect time limit for filing affidavit and motion to change judge. State v. Pena, 345 Or 198, 191 P3d 659 (2008); State v. Langley, 363 Or 482, 424 P3d 688 (2018), 365 Or 418, 446 P3d 542 (2019) (former opinion adhered to as modified), cert. denied, 141 S Ct 138 (2020)

Green check means up to date. Up to date

Current through early 2024

§ 14.270’s source at oregon​.gov