eCourt Malpractice Traps 2017

Polish your Oregon eCourt knowledge and avoid potential malpractice traps with this 2017 CLE update.

Topics include:

  • Relation Back Malpractice Traps – Defining filing “acceptance,” notification of rejected filings, the process for seeking relation back, right to object, judicial discretion, system errors, multiple filing attempts, and what to do if your relation-back request is denied.
  • Ever-changing Rules and Software – Recent out-of-cycle amendments to the UTCRs, proposed UTCR changes for 2017, and upgrades to the Odyssey eFile & Serve software (Silverlight vs. HTML 5).
  • Common Reasons for Rejected Filings – A review of 12 of the most common filing errors and where to find OJD standards for electronic filings in circuit courts.
  • How to Avoid eCourt Malpractice Traps – Where and how to get help with OJCIN, eFiling, and questions about rules plus key resources from the Professional Liability Fund, Oregon Judicial Department, Odyssey, and others.


Wednesday, April 5, 2017 from 10:00 a.m. to 12:00 p.m. Pacific Time.  This is a live, online webinar. Watch from your desktop computer or mobile device. Connect to audio via telephone or computer/device speakers.

Who Should Attend?

Lawyers, office managers, administrators, and staff.  If you want to avoid common malpractice traps, need a refresher on changes to the Uniform Trial Court Rules or eFiling software, or want to discover the most common mistakes made by Oregon eFilers, attend this CLE.

Does the Program Include Written Materials?

Yes.  Written materials will be distributed electronically to all registered attendees prior to the event.

Ask Questions/Participate in Live Polling

Questions are welcome during the live event.  Attendees are also encouraged to participate in live, anonymous polling.

Registration Fee

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

MCLE Credits
2.0 Practical Skills/General MCLE Credits pending.

Eventbrite - eCourt Malpractice Traps 2017

Can’t Attend?

Video and audio recordings of eCourt Malpractice Traps 2017 will be available to download along with the program materials following the April 5 CLE. Price: $25. Contact me for more information.

All Rights Reserved [2017] Beverly Michaelis

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

Oregon eCourt News: Live Training, New Website, and Quick Links

Live Training for Oregon eCourt

Tyler Technologies, the vendor for Oregon’s Odyssey eFile & Serve system, is offering four live training sessions this fall.  The first session is scheduled for tomorrow, September 29.  Other training dates are:

  • October 21, 2015
  • November 18, 2015
  • December 16, 2015

All four sessions are scheduled from 2:00 to 3:00 p.m. Pacific time.  Register here. Select the date of your choice using the pull-down menu at the top of the screen. Each of these sessions will cover how to eFile using the new eCourt website.

New eCourt Website!

On August 28, 2015 a new eFiling website was implemented for users of the OJD eFiling (Odyssey eFile & Serve) system.  There are several important things to know about this transition.  The complete press release is available here.

Why the Change

The new website (OJD eFiling HTML 5) will allow users to file their cases and documents without having to install Silverlight, a browser plugin required by the old system.  You may ask yourself, so what?  The change was made to accommodate Google Chrome users. Chrome stopped supporting Silverlight on September 1. Without the transition, Chrome users would be unable to eFile.  (Or be required to user another browser.)

Where is the New eCourt Website?

You can find the new “OJD eFiling HTML5” website here.  The new site is compatible with all browsers: Chrome, Firefox, IE, and Safari if they are up to date.  If you haven’t already done so, be sure to upgrade your browser to the latest version.

Can I Still eFile Using the Old System?

Yes – during a “several month” transition period the old website will still work.  You can find links to both the new and old sites on the OJD eFiling page.

Answers to FAQ from the Oregon Judicial Department

Do I Need a New Account for the New Website?

No. Both versions of OJD eFiling use the same login and contain all firm information (such as users, attorneys, and payment accounts), and will continue once the transition is complete.

Should I Start Using OJD eFiling HTML5 Right Away?

You can, but you don’t have to. Anyone can use the new system starting August 28, 2015, but it was specifically built to allow Google Chrome and Safari users to eFile without Silverlight. OJD eFiling HTML 5 also supports Internet Explorer and Firefox.

Will I Still Receive Notifications about my Filings?

Yes. The system will continue to notify you when filings are submitted, accepted or returned for correction.

What’s New?

While eFiling through the new system follows the same process, OJD eFiling HTML 5 uses an entirely new interface, featuring a new dashboard, new icons, and a single filing page (you won’t have to move between Case Information, Parties, and Filing Details any more.)  To see the three major differences between the two systems, refer to the OJD press release, page 3.

Quick Links

Don’t overlook the myriad of resources on the OJD eCourt home page.  This page is one stop shopping for:

  • Court Notices (including the new Policy and Standards for Acceptance of Electronic Filings in the Oregon)
  • Oregon eCourt Implementation News
  • Free Training for eFiling
  • Court Calendars: Check Court Dockets
  • Document Access FAQs
  • FAPA Forms
  • OJD Forms
  • OJD iForms​​
  • Appellate eFile​​
  • Oregon eCourt Newsletters
  • ePayment and eFiling Statistics
  • Oregon eCourt Glossary​
  • Oregon eCourt Successes Update
  • OJD Strategic Plan
  • OJD Four-Year Report 2011-2014​
  • Technical Support: ePay, OJCIN,OJD Courts eFiling​, Appellate eFile​
  • July 2015 Oregon eCourt Newsletter

Take advantage!

Beverly Michaelis [2015] All Rights Reserved.