2011 ORS § 3.305¹
Request for referral of action to reference judge
- • selection of reference judge
- • revocation of referral
(1) At any time before trial of a civil action in a circuit court for which use of a panel of reference judges is established under ORS 3.300 (Establishment and termination of panel for disposition of civil actions in circuit court), the parties to the action may file with the presiding judge for the judicial district a written request for referral of the action to a reference judge on the panel. Upon receipt of the request, the presiding judge, by order, shall refer the action to a reference judge.
(2) The parties, in their request for referral, may specify a particular reference judge, and the presiding judge shall refer the action to the reference judge so specified.
(3) If the parties do not specify a particular reference judge, the presiding judge shall select a reference judge and notify the parties of the selection. Within 10 days after selection of a reference judge by the presiding judge, the parties may file with the presiding judge a written rejection of the reference judge so selected and request that the presiding judge make another selection.
(4) A reference judge may decline to accept a referral of an action by the presiding judge. If a reference judge declines to accept a referral, the parties may file with the presiding judge a written specification of, or the presiding judge may select, another reference judge.
(5) The request by parties for referral of an action shall include a stipulation by the parties to the entry of the judgment arising from the reference as the judgment of the court. If the action is triable by right to a jury, the request shall constitute a waiver of the right of trial by jury by any party having that right.
(6) The presiding judge may revoke a referral of an action when, in the opinion of the presiding judge, the trial of the action on reference is being unduly delayed. If the referral is revoked, the presiding judge may require the person or persons responsible for the undue delay to bear all or part of the expense of the trial incurred before the revocation. [1983 c.704 §2; 1995 c.781 §11]