)   CHIEF JUSTICE ORDER
In the Matter of the Adoption   )   No. 02-046
of Amendments to the   )  
Uniform Trial Court Rules   )   ADOPTING AMENDMENTS TO THE
  )   UNIFORM TRIAL COURT RULES

The Uniform Trial Court Rules, as amended below, are adopted and are effective August 1, 2002. ORS 1.002.

All current local rules inconsistent with the Uniform Trial Court Rules as amended will be deemed ineffective on August 1, 2002, see UTCR 1.030. However, local rules that are not inconsistent remain in effect and are subject to review as provided under UTCR 1.050. Pursuant to UTCR 1.050, each judicial district or court must submit any amendments or additions to its Supplementary Local Rules by September 1, 2002. Those amendments or additions not in conflict with the Uniform Trial Court Rules will be filed on January 1, 2003, with the State Court Administrator pursuant to ORS 3.220. Those local rules that are not amended or repealed and are not disapproved on review under UTCR 1.050 remain in effect until so amended, repealed, or disapproved.

Dated this 3rd day of May, 2002.

Wallace P. Carson, Jr.
Chief Justice, Oregon Supreme Court

2002 AMENDMENTS TO THE UNIFORM TRIAL COURT RULES

PREFACE

The Uniform Trial Court Rules (UTCR), as amended, are effective August 1, 2002. The amendments are the result of many comments and suggestions received from the public, bench, bar, and agencies who use the rules. In addition, they are the result of UTCR Committee review of existing Supplementary Local Rules of the Trial Courts and finding new areas suitable for uniform court procedures. The proposed amendments were published in the Oregon Appellate Courts Advance Sheets and public comment was invited. As a result of the comments received, proposed amendments were revised and some proposals deleted entirely for this final version. A summary outline of the major changes contained in the 2002 amendments follows this preface.

The UTCR Committee members who worked on these amendments are listed below. They deserve special recognition for their contribution of time, effort and energy in performing the Committee's work.

The Honorable Patricia Crain (Jackson Circuit Court)
Warren C. Deras (Attorney, Portland)
Timothy M. Dolan (Attorney, Garibaldi)
The Honorable Eveleen Henry (Lane Circuit Court)
The Honorable William M. Horner (Polk Circuit Court)
Nancy Lamvik (Trial Court Administrator, Lincoln County)
Steve D. Larson (Attorney, Portland)
Frederick Lenzser (Attorney, Portland)
The Honorable Gayle A. Nachtigal (Washington Circuit Court)
The Honorable J. Burdette Pratt (Malheur Circuit Court)
The Honorable Garry L. Reynolds (Umatilla Circuit Court)
Krista M. Shipsey (Attorney, Portland)
Bernard Vail (Attorney, Portland)
David B. Williams (Attorney, Eugene)
Bradd A Swank (UTCR Reporter, Office of the State Court Administrator)
Bruce C. Miller (UTCR Co-Reporter, Office of the State Court Administrator)

The 2002 UTCR may be obtained in an 8-1/2" x 11" format for $10 per copy from the OJD Publications Section, 1163 State Street, Salem, Oregon 97301-2563; telephone (503) 986-5656. The UTCR are also available in .PDF format at the following website address: www.ojd.state.or.us

UTCR REPORTER
SUMMARY OF MAJOR CHANGES
2002 UTCR AMENDMENTS

UTCR Reporter Note: Future UTCR Committee Meetings

The following are the only currently scheduled dates for future meetings of the full UTCR Committee:

STRATEGIC PLANNING MEETING, May 17, 2002, in Salem, at the Oregon Office of the State Court Administrator. This meeting is intended to be restricted to a strategic planning meeting for the committee.

FALL MEETING, October 11, 2002, in Salem, at the Oregon Office of the State Court Administrator. The meeting will be carried over to the following day, October 12, 2002, if the business of the committee is not completed on the first day. At the fall meeting the committee will review proposed SLR and make recommendations to the Chief Justice on disapproval of proposed SLR under UTCR 1.050. This one-day to two-day meeting is also the only meeting currently anticipated in the 2003-2004 UTCR cycle at which the committee intends to accept proposals to make recommendations for UTCR changes that would take effect August 1, 2003. Meeting dates for the following year are scheduled at the fall meeting.

Changes to the UTCR for 2002 include changes in the places listed below. The changes are briefly explained and in many cases also set out. Where changes are made to an existing UTCR, the new language is underlined and language to be deleted is bracketed out. When new UTCR are added, the language may not be set out but may be found in the attached UTCR as adopted. The following changes go into effect August 1, 2002, and are also included in the attached UTCR:

UTCR CHAPTER 1

1. Amend UTCR 1.050(1)(d) on SLR forms, as follows:

1.050 PROMULGATION OF SLR; REVIEW OF SLR; ENFORCEABILITY OF LOCAL PRACTICES

(1) Promulgation of SLR

(a) * * *

* * * * *

(d) All forms required by SLR must be submitted as part of the SLR. Such forms shall be placed in an appendix and organized by chapter and SLR number. SLR and related forms shall contain cross-references to one another.

2. Amend the 1991 Commentary to UTCR 1.080 to change UTCR reference, as follows:

1.080 FORMAT AND LOCATION OF COURT RULES

(1) * * *

* * * * *

1991 Commentary:

For purposes of UTCR 1.080(3) the Committee did not intend that SLR required by UTCR [1.050(2)] 1.050(1)(c) be placed in Chapter 1 but intended that such SLR be placed in Chapter 7 or other chapters related to the particular subject.

(e) * * *

* * * * *

3. New UTCR 1.170 on judicial district websites, as follows:

1.170 COURT WEBSITES

SLR 1.171 is reserved for judicial districts to announce the website addresses of their courts. Links to these websites may also be found at the Oregon Judicial Department website: http://www.ojd.state.or.us.


UTCR CHAPTER 2

4. Amend UTCR 2.010(7) to delete form and move it into the UTCR Appendix, as follows:

2.010 FORM OF DOCUMENTS

The form of all documents, including pleadings and motions, except where a different procedure is specified by statute or rule, must be:

(1) * * *

* * * * *

(7) Attorney or Litigant Information

All documents must include the author's name, address, telephone number, if any, and, if prepared by an attorney, the name and the Bar number of the author and the trial attorney assigned to try the case. Any document not bearing the name and Bar number of an attorney as the author or preparer of the document must bear or be accompanied by a certificate in substantially the [following] form as set out in Form 2.010.7 in the UTCR Appendix of Forms.[:

Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply:

A. [ ] I selected this document for myself, and I completed it without paid assistance.

B. [ ] I paid or will pay money to __________ for assistance in preparing this form/document.

______________________________________
(Signature)]

(8) * * *

* * * * *

5. Amend UTCR 2.070 on notice of arbitration in pleadings, as follows:

2.070 [PLEADINGS IN COURTS WITH MANDATORY ARBITRATION] NOTICE OF ARBITRATION IN PLEADINGS

[In a court with a mandatory arbitration program, t] The title of a pleading, including a claim, counterclaim, cross claim, or third-party claim, must comply with UTCR 13.060.

6. Amend UTCR 2.080 on written communication to the court, as follows:

2.080 COMMUNICATION WITH COURT

(1) Except as exempted by statute, when written communication is made to the court, copies must simultaneously be mailed or delivered to all other parties and indication made on the original of such mailing or delivery.

(2) All written communication to the court shall refer to the title of the cause and the case number.


UTCR CHAPTER 3

7. UTCR 3.170 on association of out-of-state counsel (pro hac vice). NOTE: This rule was amended out-of-cycle by Supreme Court Order No. 01-127, dated December 5, 2001, and effective January 1, 2002, in response to section 1, chapter 223, Oregon Laws 2001 amending ORS 9.241.


UTCR CHAPTER 5

8. UTCR 5.070 on Civil Action Data Forms. NOTE: This rule and the related forms in the UTCR Appendix were repealed out-of-cycle by the Chief Justice in Chief Justice Order No. 01-129, dated and effective December 11, 2001.

9. Amend UTCR 5.100 on submission of judgments, as follows:

5.100 SUBMISSION OF PROPOSED ORDERS OR JUDGMENTS

Any proposed judgment, except those subject to UTCR 10.090, or proposed order submitted in response to a ruling of the court must be:

(1) * * *

* * * * *

10. New UTCR 5.110 on class actions, as follows:

5.110 CLASS ACTIONS

Rules relating to class actions may be found at Oregon Rule of Civil Procedure 32 and Oregon Rule of Appellate Procedure 12.15.


UTCR CHAPTER 8

11. Amend UTCR 8.010(4) on filing of joint statements of assets and liabilities, as follows:

8.010 ACTIONS FOR DISSOLUTION OF MARRIAGE, SEPARATE MAINTENANCE AND ANNULMENT, AND CHILD SUPPORT

(1) * * *

* * * * *

(4) In any contested dissolution of marriage, separate maintenance or annulment action, each party must file with the trial court administrator and serve on the other party a statement listing all marital and other assets and liabilities, the claimed value for each asset and [liabilities] liability, and the proposed distribution of the assets and liabilities. In the alternative, the parties may elect to file with the trial court administrator a joint statement containing this information.

(5) * * *

* * * * *

12. Amend UTCR 8.010(7)(e) to delete wording that is redundant of UTCR 8.010(5), as follows:

8.010 ACTIONS FOR DISSOLUTION OF MARRIAGE, SEPARATE MAINTENANCE AND ANNULMENT, AND CHILD SUPPORT

(1) * * *

* * * * *

(5) In any [contested child support] proceeding under ORS chapters 107, 108, or 109 wherein child support or spousal support is contested, each party must file with the trial court administrator and serve on the other party a Uniform Support Affidavit in the form specified in Form 8.010.5 in the UTCR Appendix of Forms [to these rules]. A Uniform Support Affidavit required by this subsection must be completed as follows:

(a) If no party seeks spousal support or deviation from the uniform child support guidelines, the parties must complete the affidavit and attachments required for the affidavit, but the parties need not complete the schedules or attachments to the schedules.

(b) If any party seeks spousal support or any deviation from the uniform child support guidelines, all parties must complete the affidavit and all schedules and the attachments for all of them.

(6) * * *

(7) No judgment under this chapter shall be signed, filed or entered without the filing with the trial court administrator of all relevant documents, including the following:

(a) * * *

* * * * *

(e) If child support or spousal support is an issue, a Uniform Support Affidavit for each party, except where that issue is resolved by stipulation or default. A Uniform Support Affidavit required by this paragraph must be completed in the form specified in Form 8.010.5 in the UTCR Appendix of Forms and as provided under subsection (5) of this rule. [follows:

(i) If no party seeks spousal support or deviation from the uniform child support guidelines, the parties must complete the affidavit and attachments required for the affidavit; but the parties need not complete the schedules or attachments to the schedules.

(ii) If any party seeks spousal support or any deviation from the uniform child support guidelines, all parties must complete the affidavit and all schedules and the attachments for all of them.]

(f) * * *

* * * * *

13. Repeal UTCR 8.030, on support order abstracts, and related form in the UTCR Appendix, as follows:

[8.030 SUPPORT ORDER ABSTRACTS

A support order abstract, as set out in the Appendix of Forms to these rules, is required when the first order or judgment for support is made. Thereafter, support order abstracts are required only when there is a change in the address of the support obligee or obligor, the number of dependents or the amount of support. Blank support order abstract forms may be obtained from the trial court administrator.]

14. Amend UTCR 8.040(3) and (4) to delete wording that is redundant of UTCR 8.010(5), as follows:

8.040 PREJUDGMENT RELIEF UNDER ORS 107.095(1)

(1) * * *

* * * * *

(3) Any motion regarding temporary support must be accompanied by a Uniform Support Affidavit in the form specified in Form 8.010.5 in the UTCR Appendix of Forms [to these rules]. A Uniform Support Affidavit required by this subsection must be completed as provided under subsection (5) of UTCR 8.010. [follows:

(a) If no party seeks spousal support or deviation from the uniform child support guidelines, the parties must complete the affidavit and attachments required for the affidavit; but the parties need not complete the schedules or attachments to the schedules.

(b) If any party seeks spousal support or any deviation from the uniform child support guidelines, all parties must complete the affidavit and all schedules and the attachments for all of them.]

(4) At least 7 days before the hearing, the opposing party also must serve and file a Uniform Support Affidavit on the moving party, when support is to be an issue. A uniform Support Affidavit required by this subsection must be completed in the form specified in Form 8.010.5 in the UTCR Appendix of Forms and as provided for completion of the affidavit under subsection [(3) of this section] (5) of UTCR 8.010.

15. Amend UTCR 8.050(1) and (3) on modification proceedings, as follows:

8.050 JUDGMENT MODIFICATION PROCEEDINGS

(1) Modification proceedings must be initiated by an order to show cause based on a motion supported by an affidavit setting forth the factual basis for the motion or by other procedure established by SLR. When support is to be an issue, a Uniform Support Affidavit, as set out in Form 8.010.5 in the UTCR Appendix of Forms[ to these rules], must also be filed with the motion and completed as provided [in] under subsection (5) of [this section] UTCR 8.010.

(2) * * *

(3) At least 7 days before the hearing, the opposing party also must serve and file a Uniform Support Affidavit on the moving party, when support is to be an issue. The Uniform Support Affidavit must be completed in the form specified in Form 8.010.5 in the UTCR Appendix of Forms and as provided [in subsection (5) of this section.] under subsection (5) of UTCR 8.010.

(4) * * *

* * * * *

16. Amend UTCR 8.050(5) to delete wording that is redundant of UTCR 8.010(5), as follows:

8.050 JUDGMENT MODIFICATION PROCEEDINGS

(1) * * *

* * * * *

[(5) When a Uniform Support Affidavit is required by this section, it must be completed as follows:

(a) If no party seeks spousal support or deviation from the uniform child support guidelines, the parties must complete the affidavit and attachments required for the affidavit; but the parties need not complete any of the schedules or attachments to the schedules.

(b) If any party seeks spousal support or any deviation from the uniform child support guidelines, all parties must complete the affidavit and all schedules and the attachments for all of them.]

17. New UTCR 8.070 on adopting standardized parenting plans, as follows:

8.070 STANDARDIZED PARENTING PLANS

(1) SLR 8.075 is reserved for judicial districts to announce that they have adopted a standardized parenting plan.

(2) The specifics of such plans shall be placed in an appendix to the SLR.


UTCR CHAPTER 9

18. New UTCR 9.080 on oral objections in protective proceedings and legal services information, as follows:

9.080 ORAL OBJECTIONS IN PROTECTIVE PROCEEDINGS AND NOTICE OF FREE AND LOW-COST LEGAL SERVICES

(1) Every court exercising probate jurisdiction must adopt an SLR designating a place where oral objections may be made under ORS 125.075 to petitions in protective proceedings. SLR number 9.081 is reserved for this purpose.

(2) Every court exercising probate jurisdiction shall post, at the place where oral objections may be made pursuant to subsection (1) of this rule, information regarding any free or low-cost legal services available in the area sufficient to satisfy the requirements of ORS 125.070.


UTCR CHAPTER 13

19. Amend UTCR 13.080 on notice of assignment to arbitration, as follows:

13.080 ASSIGNMENT TO ARBITRATOR

(1) * * *

(2) At the time of giving notice of the assignment to arbitration, the trial court administrator shall furnish a list of proposed arbitrators [and shall give notice] as well as a copy of the procedures for the selection of arbitrators and for setting an arbitration hearing. [Such] The procedures for selection of arbitrators shall be established by the arbitration commission.

(3) * * *


UTCR APPENDIX

20. Amend forms in UTCR Appendix to include cross-references to applicable UTCR. NOTE: UTCR 2.010(7), 5.080, 8.010(5), 8.010(7)(e), 8.040(3), 8.040(4), 8.050(1), 8.050(3), 9,160, and 10.010 have also been amended to include cross-references to related forms in the UTCR Appendix.

21. Amend UTCR Appendix to add Certificate of Document Preparation, as follows:

Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply:

A. [ ] I selected this document for myself, and I completed it without paid assistance.

B. [ ] I paid or will pay money to _________________________ for assistance in preparing this form/document.

______________________________________
(Signature)


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