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:
- Email support
- By phone – 800.297.5377
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.”