Tag Archives: Oregon eCourt

Streamline, Organize, and Improve Your Office

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Be more productive

What if you could improve workflows? Leverage technology and automation to save time? Overcome procrastination? You can with Practical Time Management. This CLE offers over 30 ideas and strategies to help you take control of your workload, manage your busy schedule, focus on your priorities, and make your workday more productive. Accredited by the Oregon State Bar and available in audio and video format here.

Harness best practices

Not sure whether your firm is applying best practices to key office operations? Learn about automating client intake, documenting representation, modernizing the engagement process, and more in Best Practices for Client Intake, Engagement & Workflow. Combine this program with Best Practices for Docketing, Conflicts, Disengagement & File Retention to cover your bases.

Watch each CLE over lunch and earn 1.0 General/Practical Skills MCLE credits. Available now at On Demand CLE..

Get jiggy with eCourt

Understand common eCourt mistakes and master electronic service with eCourt Malpractice Traps and Oregon eService. Topics include: relation back of filings, UTCR amendments, upgrades to Odyssey eFile & Serve software, 12 common eFiling errors, key eCourt resources, using eService, service of process in the eFiling world, identifying eService exceptions, service contact issues, service by email, and courthouse dos and don’ts.

Trust Accounting – basic and advanced

From managing bank charges and avoiding impermissible cushions to reporting overdrafts and addressing client fee disputes, Trust Accounting Fundamentals covers all the basics of how to properly operate your lawyer trust account.

Want to delve deeper into the ethics of IOLTA? Advanced Trust Accounting will show you how to safely manage wire and EFT transfers, use layaway payment plans, collect “first and last month’s rent,” manage evergreen retainers and hybrid fee agreements, receive third party payments, barter legal services, pass on credit card transaction fees, handle unclaimed funds, respond to garnishments and liens, disburse settlement proceeds if your client is missing, and more – believe it or not!

Lucky 13

You’ll find 13 programs and a free eBook at on demand CLE. If it concerns law office operations, you’ll likely find it covered here.

Details for the detail minded

Q:  What does my on demand CLE purchase include?
A:  MP4 (video file), M4a (audio file), written program materials with presentation slides and resources, answers to polling questions addressed during the live CLE, MCLE Form 6 for self-reporting of MCLE credits.

Q:  How are the video and audio files delivered?
A:  Digital files are delivered instantly at checkout with your purchase confirmation email (look for the link). Download, stream, save to your Dropbox account, or send files to your mobile device or desktop computer.

Q:  How much do CLEs cost?
A:  On demand CLE programs are $25. The eBook, Tips for Improving Client Relationships, is free.  All transactions are handled by Selz and protected with industry standard security, including encryption. The Selz platform is also PCI compliant. Visa, MasterCard, American Express, and Discover accepted.

All Rights Reserved 2019 Beverly Michaelis

Asked and Answered: Oregon eService Questions

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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.”

 

 

eCourt Malpractice Traps and Relation Back

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eCourt is available twenty-four hours a day, seven days a week. Convenient? Absolutely! But with convenience comes risk.

Tempted by the generous schedule, Clickhere_medFLT_490x250it is easy to form the habit of postponing filing until shortly before midnight on the day the filing is due.

While far from ideal, last-minute filing will succeed if your document is accepted. But therein lies the trap. Acceptance is not instantaneous. It may take one to three court days before the clerk processes your document. What happens if the statute of limitations expires during this time?

If you receive notice that your filing was rejected after the statute of limitations has run, your only hope is to request relation back. Beyond strict compliance with the rules – which lay out a detailed scheme for resubmitting your filing and seeking relation back – there are other nuances in play. Handling relation back correctly means your client’s case goes forward. Mishandling relation back may result in a legal malpractice claim.

To understand what is at stake, and the specific steps you need to take, let’s begin by reviewing the filing process:

When is a Filing Accepted?

As noted above, eCourt filings are not automatically accepted when submitted. Every filing is reviewed by a court clerk:

  • 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, thereby indicating the date and time of filing of the document. UTCR 21.080(4).
  • If the court rejects a document submitted electronically for filing, the electronic filing system will send an email to the filer that explains why the court rejected the document, unless the filer has elected through system settings not to receive the email. The email will include a hyperlink to the document. UTCR 21.080(5).

Resubmitting a Rejected Filing

If you receive notice that your filing has been rejected after the statute or deadline is expired, follow UTCR 21.080(5)(a) to the letter. Correcting your original filing mistake and resubmitting your document is not enough to receive relation back.

To apply for relation-back to the original filing date, follow these steps:

  1. Diagnose and fix your filing error. The rejection notice issued by the electronic filing system will explain why the court rejected your document.
  2. Resubmit the document within 3 days of the date of rejection. If the third day following rejection is not a judicial day, then resubmit the filing the next judicial day. Resubmission means submission of the document through the electronic filing system or physical delivery of the document to the court. UTCR 21.080(5)(a).
  3. Include a cover letter with your resubmitted filing that contains the following information:
    1. the date of the original submission
    2. the date of the rejection
    3. an explanation of the reason you are requesting the date of filing to relate back to the original submission
    4. include the words “RESUBMISSION OF REJECTED FILING, RELATION-BACK DATE OF FILING REQUESTED” in the subject line of your cover letter. UTCR 21.080(5)(a)(i).
  4. If your resubmission is filed electronically the words “RESUBMISSION OF REJECTED FILING, RELATION-BACK DATE OF FILING REQUESTED” must also be included in the Filing Comments Field. UTCR 21.080(5)(a)(ii).

Mistakes Happen

If you apply for relation back and realize that you did not fully comply with UTCR 21.080(5)(a), what should you do? If you are within the three day window for resubmission, there is no harm in trying again. The rule does not limit filers to a single resubmission attempt.  Resubmit your filing a second time, with the proper cover letter and required information in the filing comments field. Be aware that getting relation back – even when you meet the technical requirements set forth in UTCR 21.080(5) – is within the court’s discretion and not guaranteed. While every effort is made to ensure uniform application of the rules, practices may vary from jurisdiction to jurisdiction. Furthermore, responding parties may object to a request for relation back within the time limits as provided by law for the type of document being filed. UTCR 21.080(5)(b).

These are important points for eFilers to grasp. Even if you fully and timely comply with UTCR 21.080(5), getting relation back is not an automatic right. Your best defense is to do it right the first time and follow the tips at the end of this article.

Technical Difficulties

There is one other basis for requesting relation back. If the eFiling system is temporarily unavailable or if an error in the transmission of the document or other technical problem prevents the eFiling system from receiving a document, the court may, upon satisfactory proof, permit relation back. UTCR 21.080(6).

A filer seeking relation back due to “technical difficulties” must follow the same steps as any other filer resubmitting a rejected filing. (See the steps described above in Resubmitting a Rejected Filing.) In addition, the filer is permitted to attach supporting exhibits that substantiate the system malfunction.

PRACTICE TIP:  Slightly different language is required in the cover letter and filing comments field if relation back is sought under UTCR 21.080(6): “RESUBMISSION OF REJECTED FILING, SUBMISSION UNSUCCESSFUL, RELATION-BACK DATE OF FILING REQUESTED.”

CAVEAT: Technical problems with the filer’s equipment or attempted transmission within the filer’s control will not generally excuse an untimely filing.
UTCR 21.080(6).

What If Relation Back is Denied?

If relation back is denied, contact the claims attorneys at the Professional Liability Fund.

Staying Out of Trouble

Avoid falling into the relation-back malpractice trap by following these tips:

[All Rights Reserved 2016 Beverly Michaelis]