Tag Archives: Register of Actions

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.”

 

 

UTCR Amendments

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2016 features a host of normal cycle and out-of-cycle amendments to the Uniform Trial Court Rules.  All are effective August 1, 2016.  For a complete list, see the summary provided here, pages 1-5.  Key changes, including several to eCourt, are summarized below.

 eCourt

Confidential Attachments in Filings that are not Otherwise Confidential

  • If a filing is not confidential, but includes an attachment that is, file the attachment separately.  UTCR 21.040(2)(b), amended out-of-cycle on June 15, 2016 pursuant to CJO 16-027.
  • Filers must designate the attachment as confidential in the eFiling system and include an appropriate description in the filing comments field. UTCR 21.040(2)(b), amended out-of-cycle on June 15, 2016 pursuant to CJO 16-027.

Filings in Confidential Cases

  • If a case is confidential by statute or rule, documents filed in the case must not be designated as confidential.
  • However, if a particular document within a confidential case is itself confidential by statute or rule, it must be designated as such when filed.
  • For rules pertaining to Adoption Cases, see new UTCR 21.070(7).

UTCR 21.070(6), amended out-of-cycle; UTCR 21.070(7), newly added on June 15, 2016 pursuant to CJO 16-027.

Certificates of Service Incorporated with a Document Must Be Filed as a Single, Unified PDF

Certificates of Service are now part of the “single, unified PDF” requirement.  UTCR 21.040(2), amended out-of-cycle on June 15, 2016 pursuant to CJO 16-027.

Proof of Electronic Service

The amended rule requires a dated and signed certificate of service to be incorporated at the end of any document submitted electronically.

  • If the opposing party was electronically served by the eFiling system, the certificate must state that service was accomplished at the party’s email address as recorded on the date of service in the eFiling system and need not include the party’s email address or postal address.
  • If the opposing party was not electronically served by the eFiling system, the certificate must include the postal address at which the opposing party was served or, if served by email or facsimile.

UTCR 21.100(6), amended out-of-cycle on June 15, 2016 pursuant to CJO 16-027.

Electronic Service to Remain an Additional, Affirmative Step

The UTCR committee declined to amend UTCR 21.100 to make electronic service mandatory or to require simultaneous service by email.  See discussion, UTCRs effective August 1, 2016, pages 55-56.

Expedited Filings

A filer who submits an expedited filing must include the words “EXPEDITED CONSIDERATION REQUESTED” in the filing comments field.  The filer may “notify the court by email or telephone, as designated on the court’s judicial district website, that an expedited filing has been eFiled in the case.”  UTCR 21.070(5), amended out-of-cycle on June 15, 2016 pursuant to CJO 16-027.

Submission of Proposed Orders and Judgments

The out-of-cycle changes to UTCR 5.100 are described in the official explanation as follows:

  • The revision to UTCR 5.100 breaks the current rule into three parts: service, objection, and submission.
  • Subsection 1 requires service on the opposing party, and an opportunity for objection, as to any proposed order or judgment unless an exception applies. The rule is no longer limited to only those proposed orders and judgments submitted “in response to a ruling of the court.”
  • The service component also sets out specific notice requirements and lengthens the time between service and submission to 10 days from 3 days (current, if opposing party represented) or from 7 days (current, if opposing party not represented).  The notice requirement specifies that an opposing party has 7 days to object, with an additional 3 days for mailing, consistently with ORCP 10 C.
  • Subsection 2 relates to objections and is new.  It requires service of a written, dated, and signed objection within 7 days of the date that the proposed order or judgment was sent to the opposing party.  The drafting party may submit the opposing party’s objection to the court or the opposing party may file an objection by an identified date.
  • The submission part (subsection (3)) retains the current certificate of service requirement and also clarifies that a proposed order or judgment subject to subsection (1) may be submitted sooner than the 7-day period for objection, if the opposing party has stipulated to or approved the order or judgment, or the opposing party has objected and the objections are resolved or ready for resolution.  Additionally, proposed orders or judgments must include a “certificate of readiness,” certifying that the proposed order or judgment is ready for judicial signature or that objections are ready for resolution, and also stating the “readiness” reason.

UTCRs effective August 1, 2016, pages 58-61.

Register of Actions – Entry Date of a Document

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

  • The filing date is the date that appears in the “date column” of the Register of Actions:  “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.”
  • The “entry date” is the date when the event is created in the Register of Actions. “For the purpose of ORS 7.020(2), entry occurs on the date an event is created in the register of actions.”

UTCR 21.060(3), amended out-of-cycle on June 15, 2016 pursuant to CJO 16-027.

Staples and Backing Sheets Prohibited in Conventional Filings;
One Inch Margins Required

  • Pleadings and other documents submitted conventionally must be bound by paperclip or binder clip and must not contain staples.  Amended UTCR 2.010(3)(b).
  • If your document includes an attachment, the attachment must be bound in one packet to the document being filed using a paperclip or binder clip only.  Amended UTCR 2.010(3)(b).
  • The use of backing sheets is prohibited.  Amended UTCR 2.010(5).
  • All documents must have a one-inch margin on each side (except Wills and exhibits).  Amended UTCR 2.010(4)(d).

Consolidated Filings

A party filing any document applicable to more than one case must file the document in each case using existing case numbers and captions, unless otherwise ordered by the court or provided by SLR.  If filing conventionally into cases consolidated for hearing or trial, it is the filer’s responsibility to provide the trial court administrator with sufficient copies.  Amended UTCR 2.090(1).

CIFS

Access to Confidential Information Forms (CIFs) by Non-Parties

Non parties may inspect a CIF upon filing an affidavit of consent, signed and dated by the party whose information is to be inspected. The consent must state the dates during which the consent is effective.  Amended UTCR 2.130(6)(c).  Declarations under penalty of perjury may not be used in lieu of an Affidavit.  Amended UTCR 2.130(6)(d).

Use of CIFs in Additional Proceedings

Use of a CIF is now required in proceedings that are subject to the federal Violence Against Women Act (VAWA). Specifically, the amended rule adds citations to proceedings initiated under ORS 24.190, ORS 30.866, ORS 124.010, or ORS 163.763. Amended UTCR 2.130(2).

Notice of Termination, Substitution of Counsel, Application to Resign

Must now include “court contact information,” as defined in UTCR 1.110.  Amended UTCR 3.140(1).

Stipulated and Ex Parte Matters

Local judicial districts are expressly allowed to adopt an SLR designating when stipulated or ex parte matters must be filed conventionally.  Amended UTCR 5.060(1).

Trial Memoranda and Exhibits

Trial memoranda must be filed and served on the opposing party; the court may require parties to submit copies in a time and manner specified. Trial exhibits must be submitted as ordered by the court and not filed with the court.  Amended UTCR 6.050.

Jury Instructions and Verdict Forms Must Be Filed and Served

Jury instructions and verdict forms must be filed and served on the opposing party; the court may require parties to submit copies in a time and manner specified. Amended UTCR 6.060.

Dissolution of Marriage – Notices and Judgments

The notice of dissolution form required under ORS 107.092 is now available on the OJD website; filing multiple copies of the General Judgment of Dissolution is no longer required.  Amended UTCR 8.010.

Uniform Support Declarations/Affidavits Filed by DCS or DA

Uniform Support Declarations or DCS/DA affidavits must be filed and served within 30 days of service of a petition or other pleading that seeks child support or spousal support on other than a temporary basis, subject to the requirements of UTCR 8.040 or UTCR 8.050, when applicable, and in the absence of an SLR to the contrary.  Amended UTCR 8.010(6).  Also see amended UTCR 8.050(3) relating to judgment modification proceedings and amended UTCR 8.040(4) relating to Uniform Support Declarations accompanying a Motion for Temporary Support.

Limited Scope Representation in Domestic Relations Cases [New]

  • Requires attorneys who intend to appear on a limited scope basis to file and serve a Notice of Limited Scope Representation in substantially the same form as set out on the OJD website.  UTCR 8.110(2).
  • Requires attorneys who have completed all services under the Limited Scope Representation to file a Notice of Termination of Limited Scope Representation in substantially the form as set out on the Oregon Judicial Department website. UTCR 8.110(3).
  • Service in limited scope cases shall be made upon the attorney and the party represented on a limited scope basis.  [Service on the attorney ends when a Notice of Termination is filed.]  UTCR 8.110(4).

Arbitration Awards – Submission and Filing Time Extended

The time for submitting an Arbitration Award to the parties is extended from 7 to 28 days. Amended UTCR 13.210(5) and (6).  Amended UTCR 13.220 now allows for an extended filing time with the court of 42 days.

Amended Forms

The following forms were also amended:

All Rights Reserved Beverly Michaelis – 2016.

 

 

Calculating Deadlines Using the REGISTER OF ACTIONS – Oregon eCourt Week

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If you are new to Oregon eCourt, one of your first challenges will be reading and interpreting the online REGISTER OF ACTIONS. Mastering the register is the key to understanding eCourt events, accessing hyperlinked documents, and calculating deadlines.

You will find an explanation of register entries on the main login page for the Oregon eCourt Case Information system (OECI). Refer to the text in pink. This is the only place where the explanation of entries appears, so take note. Once you move off the main login to search case records, the court calendar, or judgments with money awards the explanation disappears.

Explaining the REGISTER OF ACTIONS

The main login page for the (OECI) system provides the following explanation for entries appearing in the REGISTER OF ACTIONS:

Date Column: The nature of an event listed in this register determines the corresponding date that appears in the date column, for example, the date that a document was filed by a party or issued by the court, or the date that the court generated a notice, scheduled a hearing, or took an action in the case.

Signed Date: The Signed Date of an event in this register is the date that the court signed the order or judgment described in the entry.

Created Date: The Created Date of an event in this register is the date that court staff added the event to the register, also known as the entry date for purposes of ORS 7.020(2).

Dispositions and Other Events: In case categories other than Criminal, an event that appears in the Dispositions section of this register denotes entry of a judgment in the case. In the Criminal case category, events that denote entry of judgment appear in the Other Events section of this register, listed in chronological order together with other case events.

Criminal Case Category: For purposes of this system, the Criminal case category includes juvenile delinquency, contempt, and extradition cases, and appeals from justice or municipal court judgments under ORS 138.057 or ORS 157.020(1), justice court orders under ORS 157.020(2), or municipal court convictions under ORS 221.359.

Practice Tip – Use the “Created Date” when Calculating Deadlines

In the OECI system, the “Created Date” is the entry date in the official court register. Don’t be fooled by the date appearing in the “Date Column.” Look for the Created Date and time stamp in the description of the specific court event. Calculate deadlines from this date. Here is a redacted example:

created date example

In this instance, the date in the “Date Column” is March 6, 2014. The “Created Date” for the entry is March 7, 2014 at 8:16 AM. Calculate the deadline to file of a Notice of Appeal from the “Created Date” of March 7, 2014, not from March 6, 2014.

REGISTER OF ACTIONS – Main Page View

At the main page view of the REGISTER OF ACTIONS case data is organized into the following categories:

  • PARTY INFORMATION – Parties and attorneys in the case
  • EVENTS AND ORDERS OF THE COURT – DISPOSITIONS followed by OTHER EVENTS AND HEARINGS
  • FINANCIAL INFORMATION – Court fees paid by parties and judgment debtor/creditor information if applicable

The main page view also contains event detail, including the date the court signed an Order or Judgment, the creation date discussed above, and comments entered by court staff. Here is a redacted example of the Main Page view:

Sample register of actions

 

Selecting a Hyperlinked Document in the REGISTER OF ACTIONS

Clicking on a hyperlinked document under “Other Events and Hearings” will direct you to a different view of court events. This view does not contain the creation date or comments entered by court staff, but it does show a page count for each document listed. Here is a redacted example:

hyperlinked doc

In this view, the Complaint is sorted to the top because it was the hyperlinked document selected from the main page view. “Other Events on This Case” appears next, with events in ascending order (first to last). Hearing Notices are at the bottom of the page.

If you do not have permission to see a document in the REGISTER OF ACTIONS, the following message will appear:

no permission to view

The Most Important Takeaway

At the risk of repeating myself, don’t be fooled by the “Date Column” in the REGISTER OF ACTIONS. Look for the “Created Date” and time stamp in the description of the specific court event. Calculate deadlines from this date. The “Created Date” of an event is the date court staff added the event to the register, also known as the entry date for purposes of ORS 7.020(2).

All Rights Reserved [2014] Beverly Michaelis