Rejected Filings and Relation Back – Oregon eCourt Week

The rules for electronic filing deadlines in Oregon eCourt are set forth in UTCR 21.080, effective May 1, 2014. (See Chief Justice Order 14-012 dated March 31, 2014 adopting out-of-cycle amendments.) Among the most important are the provisions concerning rejected filings and relation back.

Accepted Filings Relate Back to the Date and Time Received

“If the court accepts the document for filing, the date and time of filing entered in the register relate back to the date and time the electronic filing system received the document. When the court accepts the document, the electronic filing system will affix the date and time of submission on the document, thereby indicating the date and time of filing of the document. When the court accepts a document for filing, the electronic filing system sends an email to the filer, unless the filer has elected through system settings not to receive the email.”
UTCR 21.080(4). [See the rule for other provisions.]

What Happens When a Document is Rejected

“If the court rejects a document submitted electronically for filing, the electronic filing system will send an email to the filer that explains why the court rejected the document, unless the filer has elected through system settings not to receive the email. The email will include a hyperlink to the document.” UTCR 21.080(5).
Practice Tip: Leave the default system settings alone to ensure you will receive rejection notices.Rejection notices are sent from Tyler Technologies, @tylerhost.net not from @ojd.state.or.us.

 

Can I Resubmit a Rejected Filing?

The short answer is “Yes.” But resubmitted documents will only receive relation-back if certain conditions are met.

Getting Relation Back When a Filing is Rejected or:
What if I’m Up Against the Statute of Limitations?

A filer who resubmits a document may request, as part of the resubmission, that the date of filing of the resubmitted document relate back to the date of submission of the original document to meet filing requirements. In the case of a last minute filing to beat the statute of limitations, this will be critical. However, relation back is ONLY available if the following conditions are met:

First, the filer must resubmit the document within 3 days of the date of rejection. “If the third day following rejection is not a judicial day, then the filer may resubmit the filing … the next judicial day.” Resubmission means “submission of the document through the electronic filing system … or physical delivery of the document to the court.” UTCR 21.080(5)(a).

Second, a filer who resubmits a document for purposes of relation back must include a cover letter that contains the following:

a)     the date of the original submission
b)     the date of the rejection
c)     an explanation of the reason the filer is requesting that the date of filing relate back to the original submission
d)     the words “RESUBMISSION OF REJECTED FILING, RELATION-BACK DATE OF FILING REQUESTED” must be in the subject line of the cover letter.” UTCR 21.080(5)(a)(i).

Third, if the resubmission is filed electronically the words “RESUBMISSION OF REJECTED FILING, RELATION-BACK DATE OF FILING REQUESTED” must be included in the Filing Comments Field. UTCR 21.080(5)(a)(ii).
Practice Tip: Use the specific language set forth in the rule and enter it in ALL CAPS.

Objecting to Relation Back

“A responding party may object to a request (for relation back) within the time limits as provided by law for the type of document being filed. For the purpose of calculating the time for objection provided by law under this subsection, if applicable, the date of filing is the date that the document was resubmitted to the court under subsection (a) of this section.” UTCR 21.080(5)(b).

Other Things to Know about UTCR 21.080

eFiling is Available 24/7

“A filer may use the electronic filing system at any time, except when the electronic filing system is temporarily unavailable.” UTCR 21.080(1).

Filing Deadlines – Generally

“The filing deadline for any document filed electronically is 11:59:59 p.m. in the time zone where the court is located on the day the document must be filed.”  UTCR 21.080(2).

When is a Document “Submitted?”

“The court considers a document submitted for an electronic filing when the electronic filing system receives the document. The electronic filing system will send an email to the filer that includes the date and time of receipt, unless the filer has elected through system settings not to receive the email.” UTCR 21.080(3).

Avoiding Rejected Filings

Give documents meaningful file names so they are easily identified and distinguished. Carefully review information entered into the eFiling system, including the document selected for uploading. When filing is complete, check the confirmation.

Be aware of applicable file size limitations (25 MB in Oregon). Jurisdictions vary, sometimes significantly. If you attempt to upload a document that is too large, your filing will be rejected and you may miss a deadline. Adobe Acrobat can help you properly split and label large files for uploading to eFiling systems.

Keep your credit card information current with the court. Required fees must be paid when documents are electronically filed. If your card has expired and the fees are not paid, your filing will be rejected even if the document was uploaded prior to the deadline.

Avoid the most common e-filing mistakes:

  • Entering incorrect party, event, or filing codes
  • Selecting the wrong case or location
  • Failing to associate the attorney with the filing party
  • Improperly filing exhibits – see the limitations in UTCR 21.070
  • Including sensitive or confidential information
  • Failing to separate documents – file motions and orders separately. Do not combine multiple documents of any kind into a single PDF unless allowed by UTCR Chapter 21.
  • Missing information – signatures missing or no party information entered
  • Submitting illegible documents – PDFs that are not text-searchable or PDFs scanned upside down
  • eFiling documents that must be filed conventionally, such as documents needing a judge’s signature or amended complaints that result in an increased filing fee. See UTCR 21.070 for a complete list of documents that are not eligible for eFiling.
  • Failing to pay fees or paying incorrect fees

Leave default system settings alone to ensure you will receive rejection notices. See the discussion above, “What Happens When a Document is Rejected” under
UTCR 21.080(5).

The Most Important Advice

Don’t eFile documents at the last minute. E-filing is a somewhat tedious process: you must log in, enter the appropriate field codes, pay applicable fees, select and possibly split your documents for filing, and so on. If you lose your Internet connection, your computer crashes or you encounter other technical difficulties, there is no time for recovery. Upload documents during regular business hours when technical support staff are available and you have sufficient time to remedy any technical glitches.

Train Now to Avoid Problems Later

Above all, get trained. User guides, reference guides, and rules can be found here. Free Web training sessions and self-study online training are available here.

Schedule a presentation on Oregon eCourt for your organization or agency. Call or e-mail:

Oregon Judicial Department
Office of Education, Training and Outreach
503-986-5911
oeto@ojd.state.or.us

Technical Support

Oregon Judicial Department Help Desk – Monday through Friday 7:00 am to 6:00 pm (Pacific)
503-986-5582 or 1-800-922-7391
ETSDHelp@ojd.state.or.us

OJIN Online Subscriber/Business Support – Monday through Friday 8:00 am to 5:00 pm (Pacific)
1-800-858-9658
OJIN.Online@ojd.state.or.us

File & Service/eFiling User Support – Monday through Friday 7:00 am to 7:00 pm (Mountain)
Tyler Technologies
1-800-297-5377
Efiling.support@tylertech.com

All Rights Reserved [2014] Beverly Michaelis

2 thoughts on “Rejected Filings and Relation Back – Oregon eCourt Week

  1. Pingback: Submitting Your First eCourt Filing | Oregon Law Practice Management

  2. Pingback: The Year in Review – Top Posts in 2014 | Oregon Law Practice Management

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