Tag Archives: Multnomah County Circuit Court

COVID19 Impacts Oregon Legal Community

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Author’s Note: Court, Oregon State Bar, and PLF operations have changed since this post was published.

See: Court Operations Restricted, Statewide Postponements, OSB and PLF Closures.

COVID19 and the Oregon Legal Community

In a recent NW Sidebar post, the Washington State Bar Association explores whether the legal profession is ready for a pandemic. The upshot? Take COVID19 seriously and prepare now:

  • Create a list of important emergency numbers that can be quickly accessed in printed and electronic form.
  • Establish remote access to critical client records.
  • Prioritize your firm’s functions by criticality.
  • Have a “go kit” of technology, files, and other necessities if you need to work from home.
  • Review the answers to frequently asked questions published on the Oregon State Bar website.

For a complete list of suggested steps, see the ABA booklet Surviving a Disaster and resources from the Professional Liability Fund [Select “Disaster Response and Recovery” under Practice Management > Forms.]

For COVID19 specifically:

  • Ensure the workplace is clean and hygienic with surfaces regularly wiped down with disinfectant.
  • Promote hand-washing at the office with posters and other communication. And make sure visiting clients have places wash their hands with soap and water.
  • Brief staff and clients if COVID-19 starts spreading locally.
  • Direct anyone in the office with even a mild cough or low-grade fever (99 degrees F or more) to stay home, and make clear to employees that they will be able to count this time off as sick leave.

Law Firms Taking Action

On March 6, Reuters Legal reported that the Seattle office of K&L Gates has asked employees to work from home. Will Oregon firms follow suit, as the need arises? We should.

Status of Oregon State Bar and Professional Liability Fund Services

Meanwhile, the Oregon State Bar issued the following statement appearing on its home page:

As of March 12, Gov. Kate Brown has banned gatherings of more than 250 people within Oregon through April 8. Social distancing can reduce transmission of the virus, helping to delay and slow the spread of the COVID-19. The OSB will continue to monitor and follow recommendations from authorities and has already taken steps to reduce our own community impact. Our goal is to support and protect the well-being of our members and the public we all serve.

All live events, in-person CLEs, and in-person counseling services available through the Oregon State Bar, Professional Liability Fund, and Oregon Attorney Assistance Program are cancelled. Oregon lawyers can access practice management assistance and attorney assistance programs via phone, email, and video conferencing.

Court Operations

Check your local circuit court to learn how court operations are being affected in your area. Multnomah County Circuit Court has postponed trials, hearings, and arraignments. Check court websites frequently for further announcements. Be sure to scroll down to the heading “Latest News.” Read the guidelines issued by Chief Justice Walters here.

Workers Comp Board

All in-person hearings and mediations at all WCB locations have been cancelled. The WCB expects to resume hearings and mediations on Monday, March 30, 2020. Lawyers who have an urgent need on a particular case are directed to contact the assigned ALJ or mediator.

In addition, several health insurance companies have agreed to waive co-pays, co-insurance, and deductibles for COVID-19 testing. Visit the WCB COVID-19 page to learn more about the agreement and review frequently asked insurance and financial questions.

Act Now

You’ll be glad you did.

All Rights Reserved Beverly Michaelis 2020

Tiplet: Proposed Judgments and Orders

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Questions about submitting proposed judgments and orders under UTCR 5.100? Wondering what notice you have to give to the other side?  Here is a handy-dandy reference from Multnomah County’s Family Law Court, published by the Professional Liability Fund.

While this was written with family law practitioners in mind, it’s a useful resource for any practitioner.  Here are a few highlights:

What does UTCR 5.100 require?

With few exceptions, you must provide notice to the other party before submitting a proposed order or judgment. If the other party is self-represented, you must also include notice of the timeframe that party has to object. If you receive objections, you must attempt to resolve them.  Additionally, every proposed order and judgment must contain a Certificate of Readiness telling the Judge why the document is ready for judicial signature and setting out the status of any objections received.

Why do we need UTCR 5.100?

There are three main reasons why proposed orders and judgments must be processed according to this rule:

  1. Documents requiring judicial signature are routed separately through the court’s electronic case management system.  Segregating proposed orders and judgments is efficient and speeds up the signing process.
  2. There is no system which allows the court to “hold” documents waiting for time periods to pass prior to judicial signature.
  3. Pro se litigants need proper notice.

What is the notice period under UTCR 5.100?

“When the other side is represented, the drafter must wait 3 days, plus an additional 3, before submitting the document to court. When the other side is self-represented, the drafter must wait 7 days, plus an additional 3. The “3 extra days” requirement derives from ORCP 10B, which was modified by the 2015 Oregon Legislature to apply the 3-day extension to service by email, fax, and electronic service instead of just posted mail. UTCR 1.130 applies ORCP 10 to time periods set by the UTCRs.”

Other FAQs

Four pages of answers await here for practitioners.  Get answers to questions like:

  • What are the situations where a statute or rule authorizes submission [of a proposed order] without notice?
  • Can I combine my Certificate of Readiness with a Certificate of Service?
  • Is the Certificate of Readiness filed as a separate document, or somehow incorporated into my proposed order of judgment?
  • Does my Certificate of Readiness have to set out the address at which I served the other party with the copy of the proposed order/judgment?
  • Does this rule apply to Motions to Postpone?

Keep in mind that in some instances UTCR 5.100 is either unclear or does not explicitly address all situations.  This makes the FAQ re UTCR 5.100 in Multnomah County Family Court a very valuable reference.

All Rights Reserved – Beverly Michaelis – 2018

 

 

eCourt Open Hours in Multnomah County – Every Friday

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Multnomah County Circuit Court is offering a best practices/Q & A session on eCourt every Friday from October 9 through December 11.

At the beginning of the session there will be a 15 minute long presentation covering advanced e-filing best practices, including how to handle exhibits/large documents, consolidated cases, e-filed images, relation-back date requests and Rule 7 service. The remaining time will be dedicated to answering questions on a group or individual level.

No pre-registration is required. Focused on experienced e-filers; however, the sessions are open to everyone.

For more information, click here.