Much v. Doe

“An application for an order is a motion. Every motion, unless made during trial, shall be in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.” ORCP 14.

Plaintiff appealed an order granting Defendant’s motion for relief from default judgement on a wage claim. Plaintiff assigned error to the trial court’s decision to set aside the order of default based on declarations and exhibits that were not under penalty of perjury. On appeal, Defendant argued that Plaintiff’s asserted claim of error was not preserved. ORCP 14 articulates that “[a]n application for an order is a motion. Every motion, unless made during trial, shall be in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.” Plaintiff argued against the admission of the declarations and exhibits in a footnote of her sur-reply, and orally during an evidentiary hearing. Because the footnote did not constitute a motion, and Plaintiff’s motion during hearing was made orally, Plaintiff failed to satisfy ORCP 14. Accordingly, the Court determined that the argument was not preserved. Affirmed.