Oregon eCourt: eFiling UTCRs Amended

On September 29, 2014, the following Uniform Trial Court Rules (UTCRs) were amended out-of-cycle pursuant to Chief Justice Order 14-049: UTCR 21.040, 21.050, 21.070, 21.080, 21.090, 21.100, and 21.120.  The changes are summarized below:

UTCR 21.040(2)

Simplifying the rules for filing documents:

“When a document to be electronically filed includes one or more attachments, including but not limited to a documentary exhibit, an affidavit, or a declaration, the electronic filing must be submitted as a unified single PDF file, rather than as a separate electronically filed documents, to the extent practicable. An electronic filing submitted under this section that exceeds 25 megabytes must comply with subsection (1) of this rule.” Also see UTCR 21.040(2)(c).

[Former UTCR 21.040(2) described a complex filing scheme with different rules for specific types of documents: motions to strike, motions for leave to amend, attachments to a petition for post-conviction relief, attachments to a Uniform Support Declaration.  Under revised UTCR 21.040(2) all filings are unified by default.  Over-size files must still be split.  Stand-alone affidavits or declarations are filed separately.  Otherwise, if they are attachments to another document, the entire document – along with its attachments – is filed as one unified PDF.]

UTCR 21.040(2)(a) and UTCR 21.040(3)

Adding new requirements regarding submission of electronic filings requiring court signature:

  • Orders, judgments, or other documents requiring court signature must be submitted separately from motions.
  • Filers must include appropriate information in the filing comments field for each submission. For example: “Motion for Summary Judgment” and “Proposed Order Granting Motion for Summary Judgment.”
  • Any electronically submitted document that requires a court signature must include a blank space “of not less than 1.5 inches and a blank line following the last line of text” to permit the court to affix a signature and signature date.

UTCR 21.040(2)(b)

Adding new requirements regarding submission of electronic filings that include confidential attachments:

  • If an electronic filing is not confidential but includes an attachment that is confidential (or exempt from disclosure), submit the attachment separately.
  • Filers submitting a confidential attachment must select the “confidential check box” after attaching the confidential document.
  • Filers must include appropriate information in the filing comments field for each submission. For example: “Motion for Stay” and “Confidential Attachment to Motion for Stay.”

UTCR 21.040(2)(c)

Clarifying requirements for filing affidavits and declarations:

  • Documents that include affidavits and declarations as attachments must be submitted as a unified single PDF under UTCR 21.040(2).
  • Affidavits and Declarations that are stand-alone documents (not an attachment to another document) are filed separately.

UTCR 21.070(3)(d)

Clarifying that motions for remedial contempt must be conventionally filed because they are created as new “criminal-base-type” cases in the eFiling system.

UTCR 21.070(3)(g) [Removed]

Permitting eFiling of amended pleadings that require payment of an additional filing fee.  Former UTCR 21.070(3)(g) required conventional filing of such documents. Also see UTCR 21.050(1) above.

UTCR 21.070(3)(l)

Adds petitions or motions for waiver of the mandatory eFiling requirement to the list of  documents that must be filed conventionally.

UTCR 21.070(3)(m)

Adds stipulated or ex parte matters listed in SLR 2.501 to the list of documents that must be filed conventionally. See Adoption of Oregon eCourt SLR Chapter 24 below.

UTCR 21.080(6)

Adds a new provision permitting relation-back of filings due to system unavailability, errors in transmission, or other technical problems that prevent the eFiling system from receiving a document.

UTCR 21.090 and 21.100

Housekeeping changes only, updating references to “subsections and “sections” for consistency throughout UTCR Chapter 21.

UTCR 21.120

Reducing the retention period of documents that contain the original signature of a person other than the filer from 10 years to 30 days.

Adoption of Oregon eCourt SLR Chapter 24

As part of going live with Oregon eCourt, a judicial district adopts uniform “Oregon eCourt” SLR Chapter 24. As a companion to new UTCR 21.070(3)(m), each court’s SLR Chapter 24 – 24.501 – will be updated to permit courts to adopt an SLR (2.501) that lists certain stipulated/ex parte matters that must be presented conventionally in that court, instead of eFiled. The SLR update will be part of the SLR chapter for Josephine, Marion, and Douglas Counties when they roll out Oregon eCourt in December 2014, and otherwise in the existing eCourt counties as they do the annual adoption of their SLRs. It provides as follows:

24.501 STIPULATED OR EX PARTE MATTERS MAY BE ELECTRONICALLY FILED

(1) Except as provided in subsection (2) of this rule, any stipulated or ex parte matter may be electronically filed for purposes of submitting to a judge for signature.

(2) SLR 2.501 is reserved for judicial districts to adopt a local rule regarding specific stipulated or ex parte matters for which the documents must be presented conventionally and may not be electronically filed.

[All Rights Reserved 2014 Beverly Michaelis]

 

 

 

eCourt Mandatory in Oregon Effective December 1

The following announcement was posted yesterday on the Oregon Judicial Department Web site:

Chief Justice Thomas A. Balmer, Oregon Supreme Court, has approved a plan for the move to a mandatory eFiling requirement for attorneys filing cases in Oregon’s circuit and appellate courts. The Oregon Judicial department will circulate proposed court rules in the upcoming months for comment. The plan calls for a mandatory date of December 1, 2014 for the eleven circuit courts that currently have the Oregon eCourt system, including the eFiling component (File and Serve), and includes a transition plan for those courts that implement later. [Emphasis supplied.]

Prior to the implementation of mandatory eCourt, OJD will publish the final version of the mandatory UTCR eFiling rules. The current UTCRs are available here, but expect changes in October.

If you are not already familiar with the eFile and Serve system, get training.  Yesterday’s OJD announcement included the following:

Webinars and other eFiling trainings are available for Bar members. The trainings are designed for people with varied levels of experience with Oregon’s eFiling system. CLE credit has been approved for some of the sessions, and additional trainings will be added as needed.

The attached Frequently Asked Question (FAQ) document has additional information, including a link to training dates and registration information. Additional information about eFiling and mandatory eFiling is on the OJD Web site.

You should also review the resources available from the Professional Liability Fund, including our collection of eCourt practice aids and our June 15 CLE: Survival Tips for Practicing in eCourt and Organizing Your E-Mail.  You may also search this blog for 10 posts on eCourt that served as inspiration for the PLF practice aids.

All Rights Reserved [2014] Beverly Michaelis