--- name: or-draft-order description: > Use this skill when the user asks to draft a proposed order for an Oregon circuit court. Triggers include "draft a proposed order", "proposed order granting", "order on motion", "order for the judge to sign", "prepare the order". Scaffolds findings, relief paragraphs, and a signature block ready for judicial signature. Keeps the `[PROPOSED]` bracket in the title (removed when the judge signs). Composes with `or-statewide-format` (always) and the relevant court skill (`or-multcc`, `or-wccc`, or `or-county-courts`). For post- hearing signed-order submission with bench modifications applied, use `or-submit-order` instead. version: 0.1.1 --- # Draft an Oregon Proposed Order Scaffold a proposed order with findings and relief pre-filled, so the judge only needs to sign. > **NOT LEGAL ADVICE.** This skill scaffolds a court document > as a drafting aid. The user — not the skill — chooses the > findings, the relief, and the form of the order. Only a > judge signs an order; this skill prepares the proposed form > for the judge's consideration. Verify every rule, deadline, > and citation against current law before filing. Pair with > substantive review by counsel where stakes warrant. ## What this skill produces A proposed order with: 1. **Caption** with `[PROPOSED]` bracket in the title 2. **Preamble** identifying the motion and what the court has considered 3. **Findings** (numbered, if appropriate) 4. **Order text** ("IT IS HEREBY ORDERED") 5. **Numbered relief paragraphs** (A, B, C, ...) 6. **Date and judge signature line** 7. **Submitting attorney/party block** 8. **Notice of Presentation or Approval as to Form** ## Inputs to ask the user - **Caption**: court / county / parties / case number - **Motion being decided**: title and filing date of the motion this order will resolve - **Outcome**: granted, denied, granted in part / denied in part, taken under advisement - **Specific relief**: the operative orders (produce by X, award fees of Y, vacate Z, etc.) - **Findings**: factual findings, if the order rests on factual determinations - **Fee award**: if a fee request, identify the statute and amount (or "to be determined by ORCP 68 C(2) Statement") - **Submitting party**: counsel or pro se ## Template — Order Granting Motion ``` IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH VELOCITY INVESTMENTS, LLC, │ Case No. 25CV12345 │ Plaintiff, │ [PROPOSED] ORDER GRANTING │ DEFENDANT'S MOTION TO v. │ COMPEL PRODUCTION OF │ DOCUMENTS UNDER ORCP 46 A JOHN DOE, │ │ Defendant. │ ──────────────────────────────────────────────────────────── This matter came before the Court on Defendant's Motion to Compel Production of Documents Under ORCP 46 A, filed [date]. The Court has considered the Motion, the Memorandum in support, the Declaration of John Doe and the Exhibits thereto, Plaintiff's response (if any), and the records and files of this action. The Court being fully advised in the premises, FINDS that: 1. Defendant served First Requests for Production on April 1, 2025. 2. Plaintiff served Responses on May 1, 2025 objecting on grounds of "relevance, burden, and possession" without producing responsive documents to Requests Nos. 3, 5, and 6. 3. Defendant met and conferred with Plaintiff on May 10 and May 14, 2025 under ORCP 46 A and Multnomah SLR 5.045. The parties were unable to resolve the discovery dispute. 4. The documents requested in Requests Nos. 3, 5, and 6 are within the scope of ORCP 36 B(1) — relevant to Plaintiff's claim and proportional to the needs of the case. 5. Plaintiff's failure to produce was not substantially justified within the meaning of ORCP 46 A(4)(a). THEREFORE, IT IS HEREBY ORDERED that: A. Defendant's Motion to Compel is GRANTED; B. Plaintiff shall produce all documents responsive to Requests for Production Nos. 3, 5, and 6 within 14 calendar days of the date of this Order, or by ____________, 20__, whichever is sooner; C. Plaintiff's objections to Requests Nos. 3, 5, and 6 are OVERRULED; D. Defendant is awarded reasonable expenses, including attorney fees, incurred in making this Motion, pursuant to ORCP 46 A(4)(a). The amount of expenses and fees shall be determined upon Defendant's Statement of Attorney Fees and Costs filed under ORCP 68 C(2) within 14 days of this Order. DATED this ____ day of __________, 20__. _______________________________ CIRCUIT COURT JUDGE Submitted by: ______________________________________ JOHN DOE Defendant, pro se [Address] [Phone] [Email] Notice of Presentation: This Order is being submitted to the Court without the opportunity for opposing counsel to approve as to form, pursuant to UTCR 5.100(2), because the Order tracks the Court's [anticipated] ruling on this Motion. — OR — Approval as to Form: ______________________________________ [Plaintiff's Counsel Name, OSB # ______] Attorney for Plaintiff Velocity Investments, LLC ``` ## Template — Order Denying Motion ``` [Caption with "[PROPOSED] ORDER DENYING DEFENDANT'S MOTION TO COMPEL"] This matter came before the Court on Defendant's Motion to Compel... FINDS that [findings supporting denial]: THEREFORE, IT IS HEREBY ORDERED that: A. Defendant's Motion to Compel is DENIED; B. [Conditions, if any] ``` ## Template — Order Granting in Part / Denying in Part ``` A. Defendant's Motion to Compel is GRANTED IN PART and DENIED IN PART as follows: 1. As to Requests Nos. 3 and 5, the Motion is GRANTED. Plaintiff shall produce within 14 days. 2. As to Request No. 6, the Motion is DENIED. Plaintiff's objection is sustained. B. ... ``` ## UTCR 5.100 — Order submission UTCR 5.100 governs the mechanics of submitting orders: - **(1)** The party preparing the order must serve all parties at least 3 days before submission, unless service is excused - **(2)** The submitting party must state in a Notice of Presentation whether opposing parties have had the opportunity to approve as to form - **(3)** Opposing parties have 3 court days (in most courts) to object to the form - **(4)** After 3 court days without objection, the order may be signed - **(5)** Approval as to form is not required when the order tracks the court's ruling; the submitting party states this Local SLRs (Multnomah SLR 5.100, Washington Co SLR 5.101) may modify the procedure. ## Key drafting elements ### "[PROPOSED]" bracket Keep `[PROPOSED]` in the title until the judge signs. The clerk (or the prevailing party) strikes the bracket at signature time. Same convention for `[STIPULATED]` orders. ### "IT IS HEREBY ORDERED" The operative phrase. Without it, the document reads like a memorandum, not an order. ### Numbered relief (A, B, C) Each relief paragraph is **one sentence**. If a paragraph needs explanation, the explanation goes in the Findings section, not the ORDER section. ### Date certain Avoid open-ended deadlines: ❌ "Plaintiff shall produce promptly" ✅ "Plaintiff shall produce within 14 calendar days of the date of this Order, or by ____________, 20__, whichever is sooner" The blank for the specific date is filled in when the judge signs (typically by adding 14 calendar days to the signature date). ### Findings If the order rests on factual determinations (default vacation, SJ, contempt, etc.), include findings. Findings let an appellate court understand the basis of the ruling. If the order is purely procedural (e.g., compelling discovery), findings are optional but often helpful. ### Fee award When the order awards fees: - **Reference the statute or rule** (ORCP 46 A(4)(a), ORS 20.105, ORS 20.096, etc.) - **State that the amount will be determined under ORCP 68 C(2)** — the procedural mechanism for fee statements - **Calendar the 14-day window** for filing the Statement of Attorney Fees and Costs (ORCP 68 C(2)) ## Oregon-specific notes ### OSB# on the submitting block Counsel includes the OSB# (e.g., "OSB # 091234"). Pro se filers omit — they don't have an OSB#. ### "v." between parties In the caption. Not "vs." ### Numbered exhibits If the order references an exhibit, use the number (Exhibit 1, 2, 3 ...). ## Pre-hearing vs. post-hearing orders This skill drafts the **pre-hearing** proposed order — the one filed with the motion so the judge can sign on the bench. For the **post-hearing** version (signed by the judge with bench modifications applied), see `or-submit-order`. The post-hearing workflow: 1. Apply bench modifications to the proposed order (the agent strikes the `[PROPOSED]` bracket) 2. Re-serve under UTCR 5.100 (3 days) 3. Submit to chambers via the assigned judge's JA email ## Composition This skill ALWAYS composes with: - **`or-statewide-format`** — caption, format - **The relevant court skill** — for the court header and any local-rule particulars It typically follows: - **`or-draft-motion`** — the motion this order would grant - **`or-draft-declaration`** — the supporting declaration ## Quality checks Before submitting: - **`or-fact-check`** — verifies the relief tracks what the motion requests; that dates, amounts, and party names are consistent - **`or-quality-check`** — UTCR 2.010 format pass ## Common pitfalls | Pitfall | Consequence | |---------|-------------| | Missing "[PROPOSED]" in title | Order looks signed; clerk may reject | | No "IT IS HEREBY ORDERED" phrase | Court treats as memorandum | | Open-ended deadlines | Invites enforcement disputes | | Inconsistent relief vs. motion | Court won't grant relief not requested | | Missing fee authority | Award has no basis; may be reversed | | Forgetting Notice of Presentation | UTCR 5.100 violation; possible delay | | Wrong judge's signature line | Different from the assigned judge | ## Cross-references - `or-statewide-format/references/templates/proposed-order.md` — full template - `or-submit-order` — post-hearing signed-order submission - `or-draft-motion` — companion motion - `or-law-references/references/fees-and-costs.md` — fee award statutes and ORCP 68 mechanics