13th Judicial District Circuit Court for the State of ... 28, 2016 · 13th Judicial District...

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


SUPPLEMENTARY LOCAL RULES

2017

February 1, 2017

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Judicial District 1 SLR February 1, 2017


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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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.

http://courts.oregon.gov/Klamath/


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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

http://courts.oregon.gov/OJD/OSCA/cpsd/courtimprovement/familylaw/pages/flpacket5.aspx#a

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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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(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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(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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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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(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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(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


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

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Judicial District B – 1 February 1, 2017


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

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Judicial District C – 1 February 1, 2017


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___.

___________________________________


I certify the foregoing is a true copy of the original notice I am filing with the Court.

___________________________________


Rule 8.042 Form

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Judicial District F – 1 February 1, 2017


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

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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

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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)

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Judicial District G – 1 February 1, 2017




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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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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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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(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.

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Dated _________________, 20___

___________________________________________

[Print name of Fiduciary signing above]

[Mark one:] Conservator Personal representative

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