Rule 4 Special Designation

When someone files a case in the Magistrate Division of the Oregon Tax Court, it can sometimes get moved up to the Regular Division instead. This is called "special designation." It can happen in two ways: either automatically because a specific law says so, or because a judge orders it. A judge can order this move either because one side in the case asks for it in writing, or because the court decides to do it on its own.

If someone files a written request asking to move the case to the Regular Division, the Magistrate Division stops working on the case until the Regular Division makes a decision. This means everything pauses while the request is being reviewed.

During this pause, people can still file documents with the Magistrate Division. However, any deadlines for responding to those documents are put on hold. The clock on those deadlines doesn't start running again until the Regular Division decides not to move the case up. Once that decision is made, the normal response deadlines begin.