Proposed 2019 UTCRs

Comments are due by February 22, 2019 on the latest round of proposed changes to the UTCRs. These include:

New UTCRs

Proposed New UTCR 5.010 – Consumer Debt Collection Cases

Applies to cases filed by debt buyers and debt collectors acting on their behalf. Requires inclusion of identifying information in the action title, the body of the initiating pleading, and a completed Consumer Debt Collection Disclosure Statement (CDCDS). Directs the court to issue a 30-day notice of dismissal if the plaintiff fails to provide a CDCDS. When seeking a default, requires plaintiff to include a declaration under penalty of perjury that the plaintiff has complied with certain pleading requirements. Note: a sample CDCDS form will be made available by the OJD on its website. See proposed form on pages 70-73 of the Notice Seeking Public Comment on Proposed Uniform Trial Court Rules Changes for 2019.

Proposed New UTCR 11.110 – Exhibits in Juvenile Cases

Cedes power to local courts for creating a process to submit exhibits in juvenile cases. If electronic filing is permitted by SLR or order of the presiding judge, requires maintenance of an exhibit log, eFiling in conformance with UTCR 21.040, and a timeline for submission. Also see proposed amendments to UTCR 6.050, 6.120, 21.020, and 21.070; 11.120 (new).

Proposed New Chapter 24 – PCR Cases

Creates statewide rules for post-conviction relief (PCR) cases; replaces current SLRs on post-conviction relief. The proposed UTCRs would address case initiation; the defendant’s motion, demurrer, or answer; scheduling in complex cases with appointed counsel; exhibits; additional motions, briefings, and exhibits; disclosure of witnesses; appearance at hearings and trial; continuances; presiding post-conviction judge; and trial scheduling.

Repealed UTCRs

Repealed UTCR 2.010(7) – Certificate of Document Preparation

Removes the certificate of document preparation, which indicates whether a
litigant received assistance in completing the document and whether they paid
for that assistance.

Amended UTCRs

Amended UTCR 2.010(9) – Foreign Language Exhibits

Requires a person submitting a foreign language exhibit to simultaneously submit an English translation with a declaration signed by the translator. Forbids court interpreters from translating or interpreting exhibits during the course of a proceeding; allows interpreters to interpret oral testimony regarding the content of an exhibit.

Amended UTCR 2.010(13) – Format of Case Citations

Changes the format for case name citations from underlined to italicized to align trial court citations with the citation format used in the appellate courts.

Amended UTCR 5.150 – Streamlined Trials (Formerly Expedited)

Implements improvements to time to trial, pretrial conferences, written discovery agreements, limitations on discovery, deadline for completion of discovery, discovery disputes, trial stipulations, and the related forms.

Amended UTCR 8.010 – Declaration in lieu of Affidavit

Allows the use of a declaration as an alternative to notarized affidavits for filings in
certain family law proceedings. Also see proposed amendments to UTCR 8.040.

Amended UTCR 8.090 – Certificates Re Child Support Proceedings, Orders, or Judgments

Requires certificate to be placed at the end of the motion or petition, immediately above the declaration line; adds new information to certificate. A model form containing the required information is available on the OJD website.

Amended 10.020 – DMV Record

Requires the DMV to electronically file the record when a final order of suspension is appealed to a circuit court; would allow each circuit court to adopt its own SLR describing how and in what form the DMV record must be submitted. Also see proposed deletion of UTCR 21.070(3)(k) removing DMV records from the list of documents that must be conventionally filed.

Amended 21.070(3) – Conventional Filing of ERPO Petitions

Adds extreme risk protection order (ERPO) petitions, and supporting affidavits, to the list of documents that must be conventionally filed.

Amended 21.070(5) – Allowing Local Courts to Adopt SLR Requiring Separate Notice of Expedited Filings

Allows local courts to adopt an SLR requiring that filers separately notify the court that an expedited filing has been submitted.

Amended 23.020 – Complex Litigation Cases

Removes the requirement that parties to a case assigned to the Oregon Complex
Litigation Court (OCLC) must share the cost of copying and providing the trial
court file to the assigned OCLC judge, but allows the OCLC judge to direct the
parties to provide copies of documents, in a manner the judge specifies.

Commenting on the Proposed UTCRs

Comments can be submitted online, via email, or by traditional mail.

Online
Go to the Notice Seeking Public Comment on Proposed Uniform Trial Court Rules Changes for 2019 and click on the button next to the item of interest.

Email
utcr@ojd.state.or.us.

Traditional mail
UTCR Reporter
Supreme Court Building
1163 State Street
Salem, Oregon 97301-2563

To attend the spring meeting of the committee on March 8, 2019 contact the UTCR Reporter at utcr@ojd.state.or.us or Bruce C. Miller at 503-986-5500 to schedule a time for your appearance. Recommendations that are adopted by the Chief Justice will take effect August 1, 2019.

All Rights Reserved Beverly Michaelis 2019

 

Best Practices – eService, Workflow, Trust Accounting and Beyond

From office system best practices to eService and advanced trust accounting – CLE offerings covered a wide array of topics this year. If you missed a program, don’t despair. Video and audio recordings are available to download from my online store.  Here are the details:

Best Practices for Client Intake, Engagement & Workflow
OSB Program No.: 6724*9 (1.0 PS/general MCLE credits)

Recognizing the objectives and ethical traps of client intake, implementing the 7 key elements of intake forms, automating intake with ease, documenting representation, modernizing the engagement process using forms, brochures, automation, and eSignatures, using technology and staffing to improve workflow, and more.

Best Practices for Docketing, Conflicts, Disengagement & File Retention
OSB Program No.: 6724*10 (1.0 PS/general MCLE credits)

Represent clients effectively and ethically by applying best practice recommendations for docketing, conflicts, disengagement, and file retention. Includes docketing tips for eCourt practitioners, streamlining conflict checking, limiting liability exposure through proper disengagement, simplifying disengagement, and creating file retention policies, procedures, and checklists.

Oregon eService
OSB Program No.: 6724*11 (1.25 PS/general MCLE credits)

For experts and novices alike – an opportunity to polish eService/eCourt skills and apply tips straight from the courthouse – or understand eService from the ground up. Includes how to eServe in four easy steps, six compelling reasons to use eService, identifying eService exceptions, responding to service contact issues, pursuing sanctions under UTCR 1.090(2), eService vs. service by email, courthouse dos and don’ts, and proper Certificates of Service.

Trust Accounting Fundamentals
OSB Program No.: 6724*12 (1.5 ethics MCLE credits)

From managing bank charges and avoiding impermissible cushions to reporting overdrafts and addressing client fee disputes – this program will provide a fundamental understanding of how to operate your lawyer trust account.

Advanced Trust Accounting
OSB Program No.: 6724*13 – 1.25 ethics MCLE credits

Delve deeper into the more advanced issues of trust accounting, including how to safely manage wire and EFT transfers, using layaway payment plans, collecting “first and last month’s rent,” managing evergreen retainers and hybrid fee agreements, receiving third party payments, bartering legal services, passing on credit card transaction fees, what to do with unclaimed funds, responding to garnishments and liens, how to disburse settlement proceeds if your client is missing, and more.

Your on demand CLE purchase includes

  • MP4 download (combined audio and video file)
  • M4a download (audio only)
  • Written program materials, including presentation slides and resources
  • Answers to polling questions asked during the live CLE
  • MCLE Form 6 for self-reporting of MCLE credits

Instant digital delivery with options to save to the cloud or your mobile device

Links to digital files are delivered instantly at checkout with your purchase confirmation email.  Download, stream, save to your Dropbox account, or send files to your mobile device or desktop computer.

Free eBook!

If you visit my online store, be sure to download your free copy of Tips for Improving Client Relationships.

Secure payment processing

All transactions are handled by Selz and protected with industry standard security, including encryption and SSL secure. The Selz platform is also PCI compliant. Visa, MasterCard, American Express, and Discover accepted.

All Rights Reserved 2018 Beverly Michaelis

Mastering Motions to Compel

Celia C. Elwell, the Researching Paralegal, recently pointed to an excellent article in the ABA Journal entitled “6 Keys to Acing Discovery.” The article focuses on preparing for and arguing motions to compel. Post author, Katherine A. Hopkins, cites the following as keys to success:

  1. Avoid canned briefs
  2. Research the court procedures
  3. Research the judge hearing your motion
  4. Research opposing counsel
  5. Make the judge’s life easy
  6. Finally, don’t be a jerk

Read the full article here.

Your first reaction may be: this sounds like a lot of work for a “simple” motion to compel. Perhaps it is. On the other hand, research is something you only need to do once. If you’re in a firm or have a network of fellow practitioners, it should be easy to make a few phone calls about an unfamiliar judge or opposing counsel.

Knowing the court procedures? You better know the court procedures! If it’s been a while or you are new to a particular judicial district in Oregon, start with the OJD Rules Center. Scroll the page to find UTCRs, SLRs, and “other rules,” including the Oregon Rules of Civil Procedure. If you are a Multnomah County practitioner, the new updated 2018 Attorney Reference Manual is now available on the Multnomah Bar Association website. Get it toot sweet!

I can heartily vouch for the tips about making the judge’s life easy and not being a jerk. No one likes the latter. Don’t take the bait if the other side is contentious. Keep your cool and your reputation intact.

As for the judge, put yourself in his/her position. A straightforward, well-organized motion with clearly marked exhibits is a great start. Your argument should be the same.

All Rights Reserved 2018 Beverly Michaelis

Revisiting eFiling Tips

Are you an eFiling expert? Even so, it never hurts to refresh your memory on the
“best of” eFiling tips. Here are some from our friends at Smokeball, purveyors of law practice management software:

Use a separate and distinct eFiling email address
This ensures that important court notices won’t get buried in your unread work or personal messages.

Check your spam and junk email folders
Court mail lands here more often than you might think.

Whitelist important senders
While not full proof, this step at least offers some assurance that messages are more likely to make it to your inbox. Learn more here.

Check the online court docket
This is a simple and effective way to verify that you’ve captured important court deadlines in your calendar.

Don’t wait until the last-minute
Last-minute filings are more likely to go wrong than right. Give yourself a cushion of time to do the job right – and recover from any mistakes.

Sound familiar? I’ve made these same points many times here, in CLEs, and elsewhere. See Nuts and Bolts of Oregon eCourt and Zero Tolerance for e-Filing Error.

Are you an eFiling novice?

If so, check out the “Oregon eFiling Checklist for First Time eFiler,” on the Professional Liability Fund website. From the homepage, select Practice Management > Forms > eCourt. For a thorough overview of eCourt malpractice traps, see my 2017 CLE.

The case for Oregon eService

Read the October issue of the Oregon State Bar Bulletin featuring “The Case for Oregon eService: An Underused Asset.” If you missed the Oregon eService CLE earlier this year, consider ordering the video or audio recording. Answers to frequently asked questions may be found here.

All Rights Reserved – 2018 – Beverly Michaelis