Asked and Answered: Oregon eService Questions

Last Wednesday’s Oregon eService CLE generated a lively discussion and some interesting questions. Here are a few that might interest you:

What is my date of filing?

  • The court considers a document submitted for an electronic filing when the electronic filing system receives the document.
  • 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.

For example: Assume you have a statute of limitations that runs on Wednesday, June 6, 2018.  You eFile on Wednesday, June 6, 2018.  Your document is received by the system on Wednesday, June 6, 2018.  On Monday, June 11, 2018 the court clerk reviews your filing and ACCEPTS it.  Your filing date is June 6, 2018.  The delay in processing your filing is disregarded.  Thanks to relation back, your filing is timely under UTCR 21.080(3)-(4).

Where do I find the entry date in the Register of Actions?

When interpreting the Register of Actions, refer to UTCR 21.060(3):

The following apply whether or not a document is electronically filed with the court:

(a) For the purpose of ORS 7.020(1) and (2), the date that a document was filed displays in the date column of the register of actions for the case in the court’s electronic case management system.

(b) For the purpose of ORS 7.020(2), entry occurs on the date an event is created in the register of actions. (Emphasis supplied.)

The entry date is what matters.  Always refer to the CREATED DATE field.

How does the 3-day rule in ORCP 10 apply to eCourt cases?

Thanks to Donna Van Eaton, paralegal extraordinaire with the Law Offices of Melinda M. Brown, we know that nothing has changed.

The 3-day count should start on the date your document was eFiled or submitted, i.e., the date on your Certificate of Service.  Here is the background:

ORCP 10 was last updated by the Council on Court Procedures (CCP) in 2014. The first draft of the amended rule did not refer to electronic service (January 29, 2014).  Five versions later, it was explicitly added (September 6, 2014).  The drafts and final amended rule are available to view here.

The CCP staff comments accompanying this change point out the intention – which was to treat all forms of service equally and continue current practices:

The amendment of section C continues the allowance of three additional days in computing the time in which to respond following service of a document by mail or by facsimile service without the intention to change the previous practice under Rule 9 F (facsimile service) and this section.  The same three-day extension is now made applicable to documents served by e‐mail and by the newly available electronic service, providing equal treatment of these forms of service and specifying that treatment in one provision.  The description of the additional time in section C is amended to improve clarity without the intention to change the rule’s meaning or operation.  With the establishment of eCourt, the word “paper,” appearing twice in section C, is replaced with “document.”

The 3-day computation starts on the date of submission (date of filing), not the court clerk’s acceptance date.  Keep in mind the goal of the amendment: to equalize the methods of service, preserve operation of the rule, and maintain existing practices. Historically, the 3-day extension provided by ORCP 10 was meant to compensate for possible delays when serving by mail. Extending the same benefit to service by email, fax, or eService may not be necessary, but the rule provides for it explicitly.

Withdrawing as attorney of record in the eCourt era

If you withdraw or the party you represent is dismissed from an action, UTCR 21.100(2)(a) states you “must remove (your) name and service email address as a designated service contact for a party.”  Obtaining a court order permitting your withdrawal will not automatically remove you as a service contact in the Odyssey eFileandServe system.

If you are unsure how to remove yourself as a service contact, get in touch withTyler Technologies:

If you weren’t able to attend Oregon eService, a copy of the program is available to purchase here at a cost of $25 (same as the registration fee).  Your purchase includes a video recording, audio recording, program and supplemental materials, and answers to poll questions. Apply for MCLE credit of 1.25 PS/general MCLE credits by submitting the providing MCLE 6 form.

All Rights Reserved – Beverly Michaelis – 2018

With a special thank you Donna Van Eaton at the Law Offices of Melinda M. Brown.  As Stacy D. Fawver said, “right on.”

 

 

Final Call – Oregon eService CLE

This is your final call for
Oregon eService – happening this Wednesday, June 6, 2018 from 10:00 a.m. to 11:15 a.m., PDT.

This live, online webinar is for experts and novices alike. An opportunity to polish skills and apply tips straight from the courthouse or understand eService from the ground up.

Topics include:

Using eService

  • How to eServe in four easy steps
  • Service of process in the eFiling world: UTCR 21.100
  • Six compelling reasons to use eService

Identifying eService Exceptions

  • To eServe or not to eServe

Responding to Service Contact Issues

  • Requirements of UTCR 21.100(2)(a)
  • Pursuing sanctions under UTCR 1.090(2)
  • Best practice recommendations

Deliberating the Case of: eService vs. Service by Email

  • UTCR 21.100(4) vs. ORCP 9G
  • Pros, cons, and myths of service by email
  • Best practice recommendations

Drawing on Courthouse Wisdom: Do’s and Don’ts

  • How to use the “filing on behalf of” field
  • Should you or shouldn’t you serve yourself?
  • Multiple service methods
  • How to copy firm members on filings
  • Proper Certificates of Service
  • And more!

Getting Help and Improving eFile & Serve

  • Get assistance and give your input

Registration Closes One Hour Before the Live Program!
$25 – Visit the Upcoming CLE page or choose the registration link below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price. Registration closes at 9:00 a.m. on June 6.  Program start time is 10:00 a.m.

REGISTER NOW
Oregon eService CLE

 FAQs

Are group discounts available?
Yes.  Discounts are available to firms who register 5 or more attendees.
To receive a discount code, contact me before you register: 
beverly@oregonlawpracticemanagement.org.
Requests for discount codes must be received by Tuesday, June 5 at 1:00 p.m.

Do the Programs Include Written Materials? 
Yes. Written materials are distributed electronically to attendees.

Are questions welcome?
Absolutely. Questions may be submitted any time during the live event or afterward via email. Attendees are also encouraged to participate in live, anonymous polling.

Where is the program being held?
This program is a live, online webinar.

MCLE Credits
1.25 practical skills/general MCLE credits have been issued by the Oregon State Bar.

Can’t Attend?
Video and audio recordings will be available to download along with the program materials shortly after the live program event.  Price: $25. Contact me or visit my online CLE store to place an order.

Oregon eService CLE

Registration is now open for
Oregon eService, scheduled for June 6, 2018 from 10:00 a.m. to 11:15 a.m., PDT.

This live, online webinar is for experts and novices alike. An opportunity to polish skills and apply tips straight from the courthouse or understand eService from the ground up.

Topics include:

Using eService

  • How to eServe in four easy steps
  • Service of process in the eFiling world: UTCR 21.100
  • Six compelling reasons to use eService

Identifying eService Exceptions

  • To eServe or not to eServe

Responding to Service Contact Issues

  • Requirements of UTCR 21.100(2)(a)
  • Pursuing sanctions under UTCR 1.090(2)
  • Best practice recommendations

Deliberating the Case of: eService vs. Service by Email

  • UTCR 21.100(4) vs. ORCP 9G
  • Pros, cons, and myths of service by email
  • Best practice recommendations

Drawing on Courthouse Wisdom: Do’s and Don’ts

  • How to use the “filing on behalf of” field
  • Should you or shouldn’t you serve yourself?
  • Multiple service methods
  • How to copy firm members on filings
  • Proper Certificates of Service
  • And more!

Getting Help and Improving eFile & Serve

  • Get assistance and give your input

Register Now
$25 – Visit the Upcoming CLE page or choose the registration link below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

REGISTER NOW
Oregon eService CLE

 FAQs

Are group discounts available?
Discounts are available to firms who register 5 or more attendees. Contact me for a discount code before you register: beverly@oregonlawpracticemanagement.org.

Do the Programs Include Written Materials? 
Yes. Written materials are distributed electronically to attendees.

Are questions welcome?
Absolutely. Questions may be submitted any time during the live event or afterward via email. Attendees are also encouraged to participate in live, anonymous polling.

Where is the program being held?
This program is a live, online webinar.

MCLE Credits
1.25 practical skills/general MCLE credits have been approved by the Oregon State Bar.

Can’t Attend?
Video and audio recordings will be available to download along with the program materials shortly after the live program event.  Price: $25. Contact me or visit my online CLE store to place an order.

Glitches in Oregon eService

eService in Oregon can be frustrating or impossible if the other side isn’t playing by the rules or doesn’t understand them.  Below is a primer on how eService is supposed to work and the problems practitioners are encountering.

eService Rules

  1. When you eFile into a case you are deemed to consent to eService.
    UTCR 21.100(1)(a).
  2. eService is available for any document unless you are filing a document that requires personal service or service under ORCP 7. UTCR 21.100(1)(a).
  3. At the first instance of eFiling into a case, a filer must enter in the electronic filing system the name and service email address of the filer, designated as a service contact on behalf of an identified party in the action. 
    UTCR 21.100(2)(a).
  4. When eServing another party, the filer is responsible for selecting the appropriate service contacts in the action for the purpose of accomplishing eService. UTCR 21.100(3)(a).
  5. If the preceding requirements are met, eService is automatic: “When the court accepts an electronic document for filing under UTCR 21.060(1)(a), the electronic filing system sends an email to the email address of each person whom the filer selected as a service contact or other service contact under section (3) of this rule. The email contains a hyperlink to access the document or documents that have been filed electronically.”  UTCR 21.100(4).
  6. Transmission of the email by the electronic filing system to the selected service contacts in the action constitutes service. UTCR 21.100(4).
  7. Electronic service is complete when the electronic filing system sends the email to the selected service contacts in the action.  UTCR 21.100(5).

When is eService not available?

You won’t be able to eServe the opponent if any of the following are true:

  • The opponent has not eFiled into the case.
  • You are filing a document that requires service under ORCP 7 or that requires personal service.  For example, a complaint or initiating petition.
  • The opponent has obtained permission from the court to file conventionally.  (If the opponent is not an eFiler, she cannot be eServed.)
  • Your opponent is a pro se who is not registered in the eFiling system.  (If the oppponent is not an eFiler, he cannot be eServed.)
  • Your opponent eFiled into the case, but failed to enter a designated service contact into the system as required by UTCR 21.100(2)(a).

What if Opposing Counsel Doesn’t Know or Won’t Follow the Rules?

When opposing counsel eFiles into a case, but fails to enter a designated service contact, there isn’t much you can do about it … directly.  For example, you might jump to the conclusion that you can do this step for the other side.  Unfortunately you can’t.  You can select someone to serve, but you cannot add someone as a service contact.  Filers have to add themselves, and we are stuck with this consequence.  This begs the question: when someone doesn’t comply with UTCR 21.100(2)(a), what should you do?  Here are my thoughts:

  • Verify the availability of service contacts early on. When the other side first appears or when you are served, login to the system and see if opposing counsel is available for you to select as a service contact.  This information may not be visible unless you are actually eFiling a document into the case, so don’t wait until you are up against a filing deadline to find out.  This leads to my next suggestion.
  • Give yourself extra time.  If you aren’t sure whether the other side has entered a service contact, assume you will have to serve conventionally and plan accordingly.
  • If you see that opposing counsel has failed to enter a service contact, pick up the phone. Refer opposing counsel to UTCR 21.100(2)(a) and ask him to take care of the oversight.
  • Create a calendar reminder to follow-up in three to five days (or sooner, if necessary).  Login in to the system and check again. If the other side still has not added a service contact, take a screenshot to document that no contact is present, and send a follow-up email to opposing counsel with the screenshot attached. Reference your earlier call.  [If you’re a Mac user, see these instructions for taking screenshots.]
  • If you’ve done all the above and the other side has not complied, it may be time for court intervention – such as moving the court for an order to compel the other side to follow the rule.  Attach a supporting affidavit documenting your efforts (calling, emailing opposing counsel). Your screenshot can be added as an exhibit.  Refer the court to UTCR 21.100(2)(a) and quote the rule.
  • If the other side is ordered by the court to add itself as a service contact and fails to do so, asking for sanctions may be the next step.
  • While all this is going on, don’t forget you still have to serve the other side. Proceed with conventional service until eService becomes available.

All Rights Reserved [2015] Beverly Michaelis