Transcription of UNIFORM TRIAL COURT RULES
1 UNIFORM TRIAL COURT RULES Effective August 1, 2021 (Including Out-of-Cycle Amendment of UTCR , , and , and Repeal of UTCR (effective August 1, 2021); Out-of-Cycle Repeal of UTCR (effective October 27, 2021); Out-of-Cycle Amendment of UTCR (effective January 1, 2022); and Out-of-Cycle Amendment of UTCR and (effective February 1, 2022)) This document has no copyright and may be reproduced. In the Matter of the Adoption of Amendments to the UNIFORM TRIAL COURT RULES ) ) ) ) ) ) CHIEF JUSTICE ORDER No. 21-017 ADOPTION OF AMENDMENTS TO THE UNIFORM TRIAL COURT RULES I HEREBY ORDER, pursuant to ORS , UTCR , and UTCR , the following: 1. The UNIFORM TRIAL COURT RULES , as amended below, are adopted and are effective August 1, 2021, pursuant to ORS 2. All current local RULES inconsistent with the UNIFORM TRIAL COURT RULES as amended will be deemed ineffective on August 1, 2021, pursuant to UTCR 3.
2 local RULES that are consistent with the UNIFORM TRIAL COURT RULES as amended remain in effect and are subject to review as provided under UTCR 4. Those local RULES that are not amended or repealed and are not disapproved on review under UTCR remain in effect until so amended, repealed, or disapproved. Dated this 11th day of June, 2021. /s/ Martha L. Walters Martha L. Walters Chief Justice UTCR 8/1/21 (including out-of-cycle changes) 2021 UNIFORM TRIAL COURT RULES CONTENTS Page CHAPTER 1 General Provisions .. SCOPE OF THESE RULES .. AMENDMENT OF THESE RULES ; EFFECTIVE TRANSITION TO THESE RULES .. local RULES OF COURT NOT PERMITTED; PROMULGATION OF SLR; REVIEW OF SLR; ENFORCEABILITY OF local PRACTICES .. NUMBERING OF COURT RULES .. CITATION OF COURT RULES .. FORMAT AND LOCATION OF COURT RULES .. SANCTIONS.
3 RELIEF FROM APPLICATION OF COURT RULES .. DEFINITIONS .. DISBURSING MONIES; MOTION AND ORDER .. TIME COMPUTATION .. REQUESTS FOR EXTENDED RETENTION OF COURT RECORDS .. SUBMITTING DOCUMENTS FOR FILING WITH COURTS; local SLR .. COURT WEBSITES; HOURS OF COURT OPERATION .. INFORMATION ON FREE OR LOW-COST local LEGAL SERVICES .. CHAPTER 2 Standards for Pleadings and Documents .. FORM OF DOCUMENTS .. CERTIFICATE OF SERVICE .. MATTERS UNDER ADVISEMENT MORE THAN 60 DAYS .. ATTORNEY FEES ON WRITTEN INSTRUMENTS .. ENTERING JUDGMENT ON FACE OF NEGOTIABLE INSTRUMENT .. NOTICE IN PLEADINGS .. COMMUNICATION WITH COURT .. FILINGS FOR CONSOLIDATED CASES .. PROTECTED PERSONAL INFORMATION, NOT CONTACT INFORMATION, REQUIREMENTS AND PROCEDURES TO SEGREGATE WHEN SUBMITTING .. PROTECTED PERSONAL INFORMATION, NOT CONTACT INFORMATION, PROCEDURES TO SEGREGATE WHEN INFORMATION ALREADY EXISTS IN A CASE FILE.
4 AFFIDAVITS .. CONFIDENTIAL PERSONAL INFORMATION IN FAMILY LAW AND CERTAIN PROTECTIVE ORDER PROCEEDINGS .. APPLICATION FOR WAIVER OR DEFERRAL OF FEES OR COURT COSTS .. CHAPTER 3 Decorum in Proceedings .. PROPER APPAREL .. PROPER APPAREL FOR INCARCERATED WITNESSES AND DEFENDANTS APPEARING IN CRIMINAL PROCEEDINGS .. MANNER OF ADDRESS .. ADVICE TO CLIENTS AND WITNESSES OF COURTROOM FORMALITIES .. PROPER POSITION OF PARTIES BEFORE COURT .. DEFENDANT IN CRIMINAL TRIAL .. UTCR 8/1/21 (including out-of-cycle changes) PERSONS PERMITTED WITHIN BAR OF COURT .. PROCEDURE FOR SWEARING WITNESSES .. UNDUE RECOGNITION OR FAMILIARITY BY JUDGE .. PROPER USE OF COURT CHAMBERS .. CONFERENCES IN CHAMBERS .. COMMUNICATION WITH JURORS .. DISCLOSURE OF RELATED MATTERS WHEN SEEKING COURT ORDER .. RESIGNATION OF ATTORNEYS .. NO REACTION TO JURY VERDICT.
5 EXPLANATION OF PROCEEDINGS TO JURORS .. ASSOCIATION OF OUT-OF-STATE COUNSEL (PRO HAC VICE) .. ELECTRONIC RECORDING AND WRITING ON COURTHOUSE PREMISES .. CIVIL ARRESTS (Repealed) .. CHAPTER 4 Proceedings in Criminal Cases .. TIME FOR FILING PRETRIAL MOTIONS IN CRIMINAL CASES .. PROCEDURE FOR ORDER OF TRANSPORTATION .. ORAL ARGUMENT ON MOTIONS IN CRIMINAL CASES .. MOTION TO SUPPRESS EVIDENCE .. DISMISSAL OF CHARGES FOLLOWING SUCCESSFUL COMPLETION OF DIVERSION .. APPEARANCE AT CRIMINAL PROCEEDINGS BY MEANS OF SIMULTANEOUS ELECTRONIC TRANSMISSION .. ELECTRONIC CITATIONS .. CRIME VICTIMS RIGHTS PROSECUTOR S NOTIFICATION AND CRIME VICTIMS RIGHTS VIOLATION CLAIM .. DEFENDANT MOTION FOR REIMBURSEMENT .. CHAPTER 5 Proceedings in Civil Cases .. CONFERRING ON MOTIONS UNDER ORCP 21, 23 and 36-46 .. AUTHORITIES IN MOTIONS AND OTHER REQUIREMENTS.
6 OPPOSING PARTY S RESPONSE; TIME FOR FILING RESPONSE AND REPLY .. MOTIONS TO BE DETERMINED BY THE PRESIDING JUDGE OR ORAL ARGUMENT ON MOTIONS IN CIVIL CASES; APPEARANCE AT NONEVIDENTIARY HEARINGS AND MOTIONS BY TELECOMMUNICATION .. STIPULATED AND EX PARTE MATTERS .. MOTION FOR LEAVE TO AMEND PLEADING .. DECLARATION FOR ATTORNEY FEES, COSTS, AND DISBURSEMENTS .. NOTICE TO COURT IN WATER RIGHTS CASES; NOTICE TO COURT IN CASES SUBJECT TO SECTIONS 7, 13, 21 and 23, CHAPTER 5 OREGON LAWS 2013, REGARDING COMMENCING AN ACTION AGAINST A HEALTH CARE PROVIDER OR A HEALTH CARE FACILITY .. SUBMISSION OF PROPOSED ORDERS OR JUDGMENTS .. CLASS ACTIONS .. NOTICE TO THE DEPARTMENT OF JUSTICE, CRIME VICTIMS ASSISTANCE SECTION, OF PUNITIVE DAMAGES .. INTERSTATE DEPOSITION INSTRUMENTS OBTAINING AN OREGON COMMISSION .. OREGON DISCOVERY IN FOREIGN PROCEEDINGS.
7 STREAMLINED CIVIL JURY CASES .. SEALED DOCUMENTS .. LIMITED SCOPE REPRESENTATION .. CONSUMER DEBT COLLECTION .. UTCR 8/1/21 (including out-of-cycle changes) CHAPTER 6 Trials .. CONFERENCES IN CIVIL PROCEEDINGS .. COURT NOTIFICATION ON SETTLEMENT OR CHANGE OF PLEA .. POSTPONEMENT OF TRIAL .. RESOLVING SCHEDULING CONFLICTS .. SUBMISSION OF TRIAL MEMORANDA AND TRIAL EXHIBITS .. PROPOSED JURY INSTRUCTIONS AND VERDICT FORMS .. JURY INSTRUCTIONS .. MARKING EXHIBITS .. PEREMPTORY CHALLENGES IN CIVIL CASES .. EXAMINATION OF WITNESSES .. SPECIAL AND GENERAL FINDINGS IN SEPARATE DOCUMENT .. DISPOSITION OF EXHIBITS .. WAIVER OF JURY TRIAL IN CIVIL CASES .. PROCEDURES FOR USE OF HAZARDOUS SUBSTANCE .. WEAPONS AND DANGEROUS INSTRUMENTS IN THE COURTROOM .. CONTROLLED SUBSTANCES IN THE COURTROOM .. JUROR HANDLING OF CONTROLLED, HAZARDOUS, OR INFECTIOUS SUBSTANCES AND CHEMICALS.
8 WEAPONS AND HAZARDOUS SUBSTANCES IN THE COURT FACILITIES .. EVIDENCE SUBMITTED IN AN ELECTRONIC FORMAT .. PRETRIAL SETTLEMENT CONFERENCES .. CHAPTER 7 Case Management and Calendaring .. PLEAS, NEGOTIATIONS, DISCOVERY, AND TRIAL DATES IN CRIMINAL CASES .. SETTING TRIAL DATE IN CIVIL CASES .. COMPLEX CASES .. NOTIFY COURT OF SETTLEMENTS AND OTHER MATTERS .. EFFECT OF BANKRUPTCY PETITION .. AMERICANS WITH DISABILITIES ACT (ADA) ACCOMMODATION .. FOREIGN LANGUAGE INTERPRETERS .. INTERPRETERS REQUESTS FOR INFORMATION .. CHAPTER 8 Domestic Relations Proceedings .. ACTIONS FOR DISSOLUTION OF MARRIAGE, SEPARATE MAINTENANCE AND ANNULMENT, AND CHILD SUPPORT .. SUPPORT ORDERS .. PREJUDGMENT RELIEF UNDER ORS (1) .. JUDGMENT MODIFICATION PROCEEDINGS .. FILING DCS WORKSHEETS REQUIRED IN CHILD SUPPORT CASES .. STANDARDIZED PARENTING PLANS.
9 STATUTORY RESTRAINING ORDER TO PREVENT DISSIPATION OF ASSETS IN CERTAIN DOMESTIC RELATIONS ACTIONS .. CERTIFICATE REGARDING PENDING CHILD SUPPORT PROCEEDINGS AND/OR EXISTING CHILD SUPPORT ORDERS AND/OR JUDGMENTS .. PROCEDURE FOR WAIVER OF MARRIAGE FEE UNDER ORS .. LIMITED SCOPE REPRESENTATION (Repealed) .. INFORMAL DOMESTIC RELATIONS TRIAL .. CHAPTER 9 Probate and Adoption Proceedings .. MAILING PROBATE MATERIALS TO THE COURT .. APPROVAL OF BONDS .. UTCR 8/1/21 (including out-of-cycle changes) ADDRESSES AND TELEPHONE NUMBERS REQUIRED .. SETTLEMENT OF PERSONAL INJURY CLAIMS IN PROBATE CASES .. RESTRICTED ACCOUNTS .. FEES IN ESTATES, GUARDIANSHIPS AND CONSERVATORSHIPS .. SUMMARY DETERMINATION OF CLAIM UNDER ORS (1)(a) AND .. ORAL OBJECTIONS IN PROTECTIVE PROCEEDINGS AND NOTICE OF FREE AND LOW-COST LEGAL SERVICES .. CAPTIONING FILINGS IN PROBATE AND PROTECTIVE PROCEEDINGS.
10 FORM OF ACCOUNTINGS .. FIDUCIARY DISCLOSURE IN ACCOUNTINGS .. VOUCHERS AND DEPOSITORY STATEMENTS .. RETURN OF VOUCHERS AND DEPOSITORY STATEMENTS .. APPOINTMENT OF GUARDIANS IN ADOPTIONS .. PRESENTATION OF ADOPTION JUDGMENTS .. CHANGE OF NAME AND CHANGE OF SEX PROCEEDINGS (Repealed) .. COURT VISITOR S REPORT .. PROTECTIVE PROCEEDING CONFIDENTIAL INFORMATION ORDER (Repealed) .. CHAPTER 10 Proceedings Relating to Vehicle Laws and Driving Privilege Suspensions .. PETITION FOR REVIEW OF ORDER OF SUSPENSION UNDER ORS .. PREPARATION AND DELIVERY OF THE RECORD ON REVIEW .. FORM OF TRANSCRIPT OF ORAL PROCEEDINGS .. SETTLEMENT OF THE RECORD .. PETITIONER S MEMORANDUM OF POINTS AND AUTHORITIES .. OPPOSING PARTY S RESPONSE .. SETTING HEARING DATE .. ORAL ARGUMENT AT HEARING .. ENTRY OF JUDGMENT .. CHAPTER 11 Juvenile COURT Proceedings.
