Supplementary Local Rules For The Circuit Court of the ...

1 Supplementary Local Rules For The Circuit Court of the State of Oregon for Multnomah county The Fourth Judicial district Effective February 1, 2019 This document has no copyright and may be reproduced Supplementary Local Rules Fourth Judicial district , Circuit Court of the State of Oregon for Multnomah county Effective February 1, 2019 i Table of Contents CHAPTER 1 GENERAL PROVISIONS APPLICATION TO Circuit Court AND DEPARTMENTS ..1 CREDIT CARDS ..1 DEFINITIONS ..1 HOURS FOR THE CONDUCT OF BUSINESS, WHEN DOCUMENTS MAY BE RECEIVED TO BE FILED ON PAPER.

2 1 DIVISIONS OF THE OFFICE OF THE TRIAL Court ADMINISTRATOR WHERE DOCUMENTS ARE RECEIVED FOR FILING ..2 WEB ADDRESS ..3 BUILDING SECURITY ..3 HAZARDOUS SUBSTANCES ..4 CHAPTER 2 STANDARDS FOR PLEADING AND DOCUMENTS RETURN OF A DOCUMENT TO PARTY ..5 FEE DEFERRALS OR WAIVERS IN CIVIL DESIGNATION OF KNOWN PARTIES BY FICTITIOUS NAME ..6 REQUIREMENTS OF PETITION FOR WAY OF NECESSITY ACTION ..6 SECURITY DEPOSIT TO BE PAID ON FILING OF PETITION FOR WAY OF NECESSITY ACTION ..6 APPOINTMENT OF INVESTIGATOR; FILING AND SERVICE OF REPORT.

3 6 STIPULATED OR EX PARTE MATTERS FOR WHICH THE DOCUMENTS MUST BE PRESENTED CONVENTIONALLY AND MAY NOT BE ELECTRONICALLY FILED ..7 CHAPTER 3 DECORUM IN PROCEEDINGS Local ATTORNEY AS ATTORNEY OF RECORD ..11 Supplementary Local Rules Fourth Judicial district , Circuit Court of the State of Oregon for Multnomah county Effective February 1, 2019 ii PUBLIC ACCESS COVERAGE IN AREAS OUTSIDE OF COURTROOMS ..11 USE OF CELL PHONES AND OTHER PERSONAL DATA AND COMMUNICATION DEVICES WHICH HAVE AUDIO RECORDING, PHOTOGRAPHIC OR ANY OTHER VISUAL OR IMAGE RECORDING OR REPRODUCTION CAPABILITY.

4 11 CHAPTER 4 PROCEEDINGS IN CRIMINAL CASES CRIMINAL PROCEDURE Court WRITTEN PETITION REQUIRED TO BE FILED BY VICTIM OR PERSONAL APPEARANCE OF VICTIM FOR HEARING TO REMOVE NO CONTACT ORDER IMPOSED UNDER ORS OR ORS ..13 SCHEDULING MOTIONS IN FELONY AND MISDEMEANOR CRIMINAL ACTIONS ..13 DISCOVERY ..14 IN CAMERA REVIEW OF RECORDS ..14 WAIVER BACK TO JUVENILE Court FOR CRIMINAL ACTION WAIVED TO CRIMINAL Court UNDER ORS (1) ..15 DOCUMENTS FILED ON CONTEMPT MATTERS INVOLVING REMEDIAL SANCTIONS ..15 DEFENSE NOTICE OF SCHEDULING OR RE-SCHEDULING OF A CRITICAL STAGE HEARING IN CASES SUBJECT TO ORS to CRIMINAL CASE POSTPONEMENTS BY PRESIDING JUDGE; CRIMINAL EX PARTE; and, CRIMINAL PROCEDURE Court POSTPONEMENTS.

5 16 TRANSPORT OF PARTY OR WITNESS FROM OREGON DEPARTMENT OF CORRECTIONS ..16 ISSUANCE OF SEARCH WARRANTS ..16 VIEWING EXHIBITS IN CRIMINAL PROCEEDINGS ..17 CIVIL COMPROMISE ..17 MOTIONS TO REMIT SECURITY FORFEITURE JUDGMENTS ..17 Supplementary Local Rules Fourth Judicial district , Circuit Court of the State of Oregon for Multnomah county Effective February 1, 2019 iii PAYMENT OF SECURITY DEPOSITS; PAYMENTS OF OTHER Court ORDERED OBLIGATIONS ..17 REFUND PROCEDURES ..18 DUII APPEARANCE AT CRIMINAL PROCEEDINGS BY MEANS OF SIMULTANEOUS ELECTRONIC TRANSMISSION.

6 20 HABEAS CORPUS DOCUMENTS AND FILING ..20 ATTORNEY SUBSTITUTIONS AND WITHDRAWALS ..20 NOTICE FOR TRIAL Court ADMINISTRATOR REQUIRED FOR ORDERS TO SEAL A FILE OR DOCUMENTS SUBMITTED UNDER SEAL ..21 CHAPTER 5 PROCEEDINGS IN CIVIL CASES ASSIGNMENT OF A MOTION JUDGE FOR A CIVIL ACTION ..22 CIVIL ACTION MOTION SETTING; RESPONSIBILITY OF MOVING PARTY; AUTOMATIC CONSENT TO HEARING BY NON-APPEARING PARTY ..22 SERVICE OF MOTION AT OR BEFORE DELIVERY OF COPY TO JUDGE ..24 DOCUMENTS FILED ON CONTEMPT MATTERS INVOLVING REMEDIAL SANCTIONS.

7 24 CIVIL EX PARTE MATTERS ..24 ORDERS BY PREVAILING PARTY; PRESENTING JUDGMENTS AND ORDERS FOR JUDICIAL SIGNATURE ..25 IN CAMERA REVIEW OF RECORDS ..25 NO MOTIONS FOR RECONSIDERATION; EXCEPTIONS ..25 REMOVING A PARTY FROM A FILED ACTION OR THIRD PARTY ACTION IF AMENDED COMPLAINT OMITS THE PARTY ..26 PRIOR TO SUBMITTING FORM OF JUDGMENT FOR SETTLEMENT OF PERSONAL INJURY OR WRONGFUL DEATH CIVIL ACTIONS: REQUIREMENTS WHEN MINOR CHILD OR INCAPACITATED PERSON APPEARS BY GUARDIAN AD LITEM ..26 Supplementary Local Rules Fourth Judicial district , Circuit Court of the State of Oregon for Multnomah county Effective February 1, 2019 iv JUDGMENT DEBTOR ORDERS.

8 26 PROTECTIVE ORDERS AND FILING DOCUMENTS UNDER SEAL IN CIVIL CASES ..27 CHALLENGE TO GARNISHMENT NOT TO CONTEST JUDGMENT ..27 CHALLENGE TO GARNISHMENT- PERSONAL FINANCIAL DOCUMENTS TO BE FILED UNDER SEAL ..27 CHAPTER 6 TRIALS PRE-TRIAL SETTLEMENT CONFERENCE PROCEDURES ..28 PAYMENT OF TRIAL FEES AND HEARING FEES ..29 PERSONAL COMMUNICATION DEVICES IN JURY ROOMS DURING DELIBERATIONS AND IN COURTROOMS DURING PROCEEDINGS ..29 MOTIONS TO CORRECT TRANSCRIPTS ..30 SUBMISSION AND COPIES OF MOTIONS, BRIEFS, MEMORANDA, AND POINTS AND AUTHORITIES; COPIES TO BE DESIGNATED TRIAL Court COPY.

9 30 CHAPTER 7 CASE MANAGEMENT AND CALENDARING TRIAL READINESS CIVIL CASE MANAGEMENT CONFERENCE ..32 PARTICIPATION IN APPROPRIATE DISPUTE RESOLUTION ..32 UTCR CONTINUANCES; STAY OF DEFAULTED PARTIES PENDING TRIAL ..33 POSTPONEMENT MOTION FOR CHANGE OF JUDGE ..34 CALL ..35 DISPOSITION OF CASE AFTER ASSIGNMENT TO TRIAL JUDGE, MOTION TO POSTPONE CASE ASSIGNED AT CALL MUST BE PRESENTED TO PRESIDING JUDGE ..38 REQUESTS FOR ACCOMODATIONS BY PERSONS WITH DISABILITIES ..39 Supplementary Local Rules Fourth Judicial district , Circuit Court of the State of Oregon for Multnomah county Effective February 1, 2019 v TRANSPORT OF PARTY OR WITNESS FROM OREGON DEPARTMENT OF CORRECTIONS.

10 41 SCHEDULING FOREIGN LANGUAGE INTERPRETERS UNDER UTCR HABEAS CORPUS DOCUMENT FILING IN THE CIVIL SECTION OF THE Court ..42 POST-CONVICTION RELIEF DOCUMENT FILING IN THE CIVIL SECTION OF THE Court ..42 POST-CONVICTION RELIEF --- PLEADING WHEN COUNSEL IS APPOINTED UPON FILING OF THE PETITION ..42 POST-CONVICTION RELIEF --- MOTIONS OR DEMURRER TO THE POST-CONVICTION RELIEF --- EXHIBITS ..43 POST-CONVICTION RELIEF --- ADDITIONAL BRIEFING AND EXHIBITS ..43 POST-CONVICTION RELIEF --- FILING OF DOCUMENTS WHEN PETITIONER IS REPRESENTED BY COUNSEL.