IN THE SUPREME COURT OF THE STATE OF OREGON

In the Matter of the Adoption of
Amendments to the
Oregon Rules of Appellate Procedure
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ORDER NO. 08-033

ORDER ADOPTING TEMPORARY AMENDMENTS
TO THE OREGON RULES OF APPELLATE PROCEDURE:
NEW RULES REGARDING ELECTRONIC FILING

Pursuant to ORAP 1.10(2), the Supreme Court may, from time to time, adopt temporary amendments to the Oregon Rules of Appellate Procedure.  The Supreme Court by this order adopts temporary amendments to the Oregon Rules of Appellate Procedure governing electronic filing in the Supreme Court.  The new rules are set forth in full in the attachments to this order.  These new rules are effective July 14, 2008, and shall continue to be effective until further order of the Chief Justice.

Dated this 25th day of June, 2008.

Paul J. De Muniz
Chief Justice

16. FILING BY ELECTRONIC MEANS

Rule 16.03
APPLICABILITY

This chapter applies to only the first phase of the appellate courts’ electronic filing project.  Until amendment of these rules, electronic filing shall be limited to the filing of initiating documents, together with supporting and associated documents as defined in these rules, in the Supreme Court by the Attorney General, attorneys who are employed by the Department of Justice, and attorneys who are employed by the Legal Services Division of the Office of Public Defense Services.  At this time, an electronically filed document may not be served electronically using the appellate courts’ electronic filing system.  As the electronic filing project expands, these rules may be amended to allow for the electronic filing of documents other than initiating documents, electronic filing in the Court of Appeals, electronic filing by pro se litigants, the use of electronic forms, and electronic service.

Rule 16.05
DEFINITIONS

(1) “Conventional filing” means the filing of a paper document with an appellate court in accordance with the Oregon Rules of Appellate Procedure.

(2) “Document” means a brief, petition, notice, motion, response, application, affidavit or declaration, or any other writing that may be filed with an appellate court under the Oregon Rules of Appellate Procedure, including any exhibit or attachment referred to in that writing.

(a) “Initiating document” means any document that initiates a case, including, but not limited to, a notice of appeal; a petition for review; a petition for judicial review; a petition for a writ of mandamus, habeas corpus or quo warranto; and a report and a recommendation for discipline from the Oregon State Bar or the Commission on Judicial Fitness and Disability. (1)

(b) “Supporting document” means any document created separately from an initiating document that supports or is part of an initiating document, including, but not limited to, a proof of service; a memorandum of law; an excerpt of record; a memorandum in support of an application for interlocutory appeal in a class action; a proposed form of a writ of mandamus; and a challenged judgment, order, or ruling. (2)

(c) “Associated document” means any document, other than a supporting document, that may be filed concurrently with an initiating document, including, but not limited to, a motion to waive or defer a filing fee; a motion to stay trial court proceedings; a motion to stay previous judgment or order; and a motion to appoint counsel; a motion to consolidate. (3)

(3) “Electronic filing” or “eFiling” means the process whereby a user of the electronic filing system transmits a document directly from the user’s computer to the electronic filing system to file that document with the appellate court.

(4) “Electronic filing system” means the system provided by the Oregon Judicial Department for the electronic filing of a document in the appellate courts via the internet.  The system may be accessed at www.ojd.state.or.us/onlineservices/index.htm.

(5) “Electronic payment system” means the system provided by the Oregon Judicial Department for the electronic payment of filings fees in the appellate courts.

(6) An “eFiler” means a person registered with the court’s electronic filing system who submits a document for electronic filing with the court. 

(7) “Hyperlink” means a reference or navigation element in an electronic document to another section of the same document or to another document that may be located on a website.

(8)  “PDF” means Portable Document Format, an electronic file format.

(9) “Username” means the identifying term assigned to an eFiler by the court, used to access the electronic filing system.

Rule 16.10
eFILERS

(1) Authorized eFilers

(a)  Any member of the Oregon State Bar who is authorized to practice law may register to become an eFiler.

(b) To become an eFiler, an attorney must complete a registration form to request a username and password and must complete a training program, either online or in person, regarding the electronic filing system.  Links to the registration form and to the online training program can be accessed at www.ojd.state.or.us/courts/supreme/electronicFilingInfo.htm.  An attorney who has been assigned a username and has created a password may file documents with the appellate courts electronically.

(2) Conditions of Electronic Filing

(a) In order to access the electronic filing system, each eFiler agrees to and shall

(i) review the technical requirements for electronic filing, found at www.ojd.state.or.us/courts/supreme/electronicFilingFAQs.htm;

(ii) register for access to the electronic filing system;

(iii) comply with the registration conditions when using the electronic filing system;

(iv) furnish required information for case processing; and

(v) advise the appellate courts and the Oregon State Bar of changes in the eFiler’s email address.

(b) An eFiler’s username and password may be used only by the attorney to whom the username and password were issued or by an employee of that attorney’s law firm or office or by another person authorized by that attorney to use the username and password. 

(c) The appellate courts may suspend the electronic filing privileges of an eFiler if the court becomes aware of misuse of the electronic filing system or of the eFiler’s username and password.

Rule 16.15
FORMAT OF DOCUMENTS TO BE FILED ELECTRONICALLY

(1) Any document being filed through the electronic filing system must be in a Portable Document Format (PDF) that is compatible with the court’s electronic filing system requirements. (4)  The PDF document shall allow text searching and shall allow copying and pasting text into another document. 

(2) A submitted document, when viewed in electronic format and when printed, must comply with the formatting requirements of any applicable Oregon Rule of Appellate Procedure.  Except as provided in ORAP 16.40, a document submitted for electronic filing is not required to bear a physical signature.

(3) An eFiler who submits a document that does not comply with an applicable Oregon Rule of Appellate Procedure will receive from the court an acknowledgement of the electronic filing and a notice of the deficiency or deficiencies to be corrected. (5)

(4) The court may request that an eFiler submit, in the manner and time specified by the court, an electronic version of a document in its original electronic format.

Rule 16.20
FEES

(1) The court may impose charges for using the eFiling system, as prescribed by order of the Chief Justice.  Charges for electronic filing may be recovered in the manner provided by ORAP 13.05.

(2) An eFiler shall pay any required fees for filing a document at the time that the document is submitted electronically, by using the electronic payment system. 

(3) An eFiler may apply for a waiver of filing fees at the time of filing a document electronically by electronically filing an application to waive or defer fees.

(4) If the court rejects a document, the court may, upon request, refund any fees paid.

Rule 16.25
ELECTRONIC FILING

(1) Electronic Filing:  The submission of a document electronically and acceptance of the document by the court accomplishes electronic filing.  The electronic document, when accepted for filing, constitutes the court’s record of the document.

(a)  A document is considered received by the court upon receipt of that document by the electronic filing system.  The electronic filing system shall transmit a receipt to the eFiler’s email address confirming that the electronic filing system received the document.

(b) In order to complete the electronic filing process, the document must be accepted by the court.  The court shall notify the eFiler via the eFiler’s email address when the eFiler’s document has been accepted by the court. 

(c) If the court rejects a document submitted for filing via the electronic filing system, the court shall notify the eFiler of the rejection via the eFiler’s email address, and the document shall not become part of the court’s file.  To complete the filing requirements after a document has been rejected, the eFiler may conventionally file the document or may resubmit the document via the electronic filing system and repay the applicable filing fee via the electronic payment system. (6)

(2) Documents Conventionally Filed:  The court may digitize, scan, or otherwise reproduce a document that is filed conventionally into an electronic record, document, or image.  The court subsequently may destroy a document that is filed conventionally in accordance with the protocols established by the State Court Administrator under ORS 8.125(11).

Rule 16.30
SPECIAL FILING REQUIREMENTS

(1) At the time of eFiling, an eFiler must pay a document recovery charge, as prescribed by order of the Chief Justice, to offset the cost incurred by the court in making the necessary number of copies.  Unless otherwise ordered by the court, the eFiler shall not submit to the court hard copies of that electronically filed document. 

(2) Any demonstrative or oversized part of an appendix or excerpt of record shall be filed conventionally, within three business days of electronic filing.  An eFiler may note, in the “comments” section of the electronic filing screen, that an oversized appendix or excerpt of record will be filed conventionally.

Rule 16.35
ELECTRONIC FILING DEADLINES

(1) Electronic filing is permitted at all times, except when the electronic filing system is temporarily unavailable.

(2) The filing deadline for any document filed electronically is 11:59:59 p.m. in the time zone in which the court is located on the date by which the document must be filed.

(3) A document will be considered submitted for filing when the document is received by the electronic filing system.  The electronic filing system will issue a confirmation receipt to the eFiler that includes the date and time of receipt.

(4) If the court accepts the document for filing, the electronic filing system will affix to each document the time of day, the day of the month, the month, and the year that the document was received by the electronic filing system.  The date and time of filing entered in the register will relate back to the date and time that the document was received by the electronic filing system. 

(5) If a document submitted electronically is not received by the electronic filing system because of an error in the transmission of the document to the court or other technical problem experienced by the eFiler, the court may, upon satisfactory proof, permit the filing date of the document to relate back to the date that the eFiler first attempted to file the document electronically.  Problems with the eFiler’s equipment, the eFiler’s hardware or software, or other problems within the eFiler’s control generally will not excuse an untimely filing.

(6) In the event that the court rejects a document submitted electronically for filing via the electronic filing system, the court shall notify the eFiler, via the eFiler’s email address, of the basis for the rejection, and the document shall not become part of the court’s file.  As provided in ORAP 16.25(1)(c), to complete the filing requirements after a document has been rejected, the eFiler may conventionally file the document or may resubmit the document via the electronic filing system and repay the applicable filing fee via the electronic payment system.  Except as provided in ORAP 16.35(5), the date and time of the filing of any conventionally filed document does not relate back to the date and time of the attempted electronic filing of the original document. 

Rule 16.40
ELECTRONIC SIGNATURES

(1) The username and password required to submit a document to the electronic filing system constitute the signature of the eFiler for purposes of these rules and for any other purpose for which a signature is required. 

(2) In addition to information required by statute or rule to be included in the document, a document that is filed electronically must include a signature block that includes the printed name of the eFiler, preceded by an “s/” in the space where the signature would otherwise appear.

Example: s/ Attorney Name
                        Attorney Name
                        Oregon State Bar No _____________
                        Attorney for ____________________.

(3) When a document is filed electronically in which more than one party joins, that all such parties join in the document must be shown either by:

(a) submitting a scanned document containing the signatures of all parties joining in the document;

(b) including a recitation in the document that all such parties consent or stipulate to the document; or

(c) identifying in the document the signatures that are required and submitting each such party’s written confirmation no later than three business days of the court’s acceptance of the electronic filing.

(4) A document being filed electronically that must be signed, such as an affidavit or a declaration, by a person other than the eFiler shall be submitted in electronic format with a scanned image of the signature page showing the person’s signature. 

Rule 16.45
SERVICE

A party filing a document electronically must accomplish service in the conventional manner as provided by the applicable statutes and by the Oregon Rules of Appellate Procedure, unless the parties have agreed in writing to accomplish service via email or other electronic means.

Rule 16.50
HYPERLINKS

(1) A document that is filed electronically may contain one or more hyperlinks to other parts of the same document or hyperlinks to a location outside of the document that contains a source document for a citation.  The functioning of a hyperlink reference is not guaranteed.  The appellate courts neither endorse nor accept responsibility for any product, organization, or content at any hyperlinked site.

(2) A hyperlink to cited authority does not replace standard citation format.  The complete citation must be included within the text of the document.  Neither a hyperlink, nor any site to which it refers, shall be considered part of the record.  A hyperlink is simply a convenient mechanism for accessing material cited in a document filed electronically.

Rule 16.55
RETENTION OF DOCUMENTS BY eFILERS

(1) Unless otherwise ordered by the court, an eFiler who files electronically a document that contains the original signature of a person other than the eFiler shall retain the document in its original paper form for two years from the date of issuance of the appellate judgment for the case in which the document was filed.

(2) Upon reasonable notice, the eFiler must provide a printed copy of a document filed electronically for inspection by another party or by the court.

Rule 16.60
PROTECTED INFORMATION

(1) The filing and use of information contained in a document filed electronically or information accessed through the electronic filing system shall be consistent with state and federal law.

(2) A party filing a document containing protected personal information may comply with ORAP 8.50 by eFiling the redacted version of a document and conventionally filing the unredacted version within three business days of the court’s acceptance of the document.

 (3) A party filing a brief containing confidential material must comply with ORAP 5.95 by eFiling the redacted version of the brief and conventionally filing the unredacted version within three business days of the court’s acceptance of the document.   


APPENDIX 16.05-1

INITIATING DOCUMENTS

Initiating Document - Application for Teacher's Admission to Practice

Initiating Document - Board of Bar Examiners Decision - Admission

Initiating Document - Board of Bar Examiners Decision - Contested Admission

Initiating Document - Certification Order for Certified Question

Initiating Document - Consent – Other

Initiating Document - Consent to Censure/Suspension/Removal

Initiating Document - Form B Resignation

Initiating Document - Judicial Fitness Commission Recommendation

Initiating Document - Notice of Appeal - Ballot Measure Constitutionality Review

Initiating Document - Notice of Appeal - State's Pretrial Appeal - Murder/Ag Murder

Initiating Document - Notice of Appeal – Tax

Initiating Document - Notice of Child Support Arrears

Initiating Document - Notice of Entry of Death Sentence

Initiating Document - Notice of Student Loan Default

Initiating Document - Order Accepting Certified Appeal

Initiating Document – Other

Initiating Document - Petition – Other

Initiating Document - Petition for Direct Review - Other

Initiating Document - Petition for Judicial Review - EFSC Rules Challenge

Initiating Document - Petition for Judicial Review - Energy Facility Siting Council

Initiating Document - Petition for Original Proceeding

Initiating Document - Petition for Review - Ballot Title

Initiating Document - Petition for Review - CA Decision

Initiating Document - Petition for Review - Explanatory Statement

Initiating Document - Petition for Review - Financial Impact Estimate

Initiating Document - Petition for Review - Judicial Fitness Commission Determination

Initiating Document - Petition for Writ - Habeas Corpus

Initiating Document - Petition for Writ - Mandamus

Initiating Document - Petition for Writ - Quo Warranto

Initiating Document - Recommendation - Reciprocal Discipline

Initiating Document - Recommendation on Reinstatement - Adverse

Initiating Document - Recommendation on Reinstatement - Favorable

Initiating Document - Request for Review - Disciplinary Board Decision

Initiating Document - Request for Review - Stipulation for Discipline

Initiating Document - Transfer Order - Public Body


APPENDIX 16.05-2

SUPPORTING DOCUMENTS

Challenged Judgment/Order/Ruling

Excerpt of Record

Memorandum of Law

Proof of Service

Proposed form of Writ of Mandamus


APPENDIX 16.05-3

ASSOCIATED DOCUMENTS

Application to Waive/Defer Filing Fee

Brief in Support of Reapportionment Review

Declaration for Waiver/Deferral of Filing Fee

Motion to Appoint Counsel

Motion to Appoint Counsel and for State-Paid Transcript

Motion to Consolidate Cases

Motion to File Late Appeal

Motion to Stay Previous Judgment/Order

Motion to Stay Trial Court Proceedings


1. See Appendix 16.05-1 for a list of “initiating documents.”  That list is subject to change without amendment of these rules. 

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2. See Appendix 16.05-2 for a list of “supporting documents.”  That list is subject to change without amendment of these rules. 

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3. See Appendix 16.05-3 for a list of “associated documents.”  That list is subject to change without amendment of these rules. 

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4. Please refer to the court’s website at www.ojd.state.or.us/courts/supreme/electronicFilingFAQs.htmfor more information about the technical requirements of eFiling.

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5. See ORAP 1.20.

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6. See ORAP 16.20(4).

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