|In the Matter of the Adoption
of Amendments to the
Uniform Trial Court Rules
|CHIEF JUSTICE ORDER
ADOPTING AMENDMENTS TO THE
UNIFORM TRIAL COURT RULES
The Uniform Trial Court Rules, as amended below, are adopted and are effective August 1, 2003. ORS 1.002.
All current local rules inconsistent with the Uniform Trial Court Rules as amended will be deemed ineffective on August 1, 2003, 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, 2003. Those amendments or additions not in conflict with the Uniform Trial Court Rules shall be filed on January 1, 2004, 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 Those local rules that are not amended or repealed and are not disapproved on review under UTCR 1.050 remain in effect until so amended, repealed, or disapproved.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 14th day of May, 2003.
Wallace P. Carson, Jr.
Chief Justice, Oregon Supreme Court
2003 AMENDMENTS TO THE UNIFORM TRIAL COURT RULES
The Uniform Trial Court Rules (UTCR), as amended, are effective August 1, 2003. The amendments are the result of many comments and suggestions received from the public, bench, bar, and agencies who use the rules. 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 2003 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.
Tracey Cordes (Trial Court Administrator, Benton County)
The Honorable Patricia Crain (Jackson Circuit Court)
Timothy M. Dolan (Attorney, Garibaldi)
The Honorable Eveleen Henry (Lane Circuit Court)
The Honorable William M. Horner (Polk Circuit Court)
Steve D. Larson (Attorney, Portland)
Frederick Lenzser (Attorney, Portland)
Russell Lipetzky (Attorney, Salem)
The Honorable Rudy Murgo (Umatilla Circuit Court)
The Honorable Gayle A. Nachtigal (Washington Circuit Court)
Debra E. Pilcher (Attorney, Eugene)
The Honorable J. Burdette Pratt (Malheur Circuit Court)
Krista M. Shipsey (Attorney, Portland)
Bernard Vail (Attorney, Portland)
Bradd A Swank (UTCR Reporter, Office of the State Court Administrator)
Bruce C. Miller (UTCR Co-Reporter, Office of the State Court Administrator)
The 2003 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 Note: Future UTCR Committee Meetings
The following are the only currently scheduled dates for future meetings of the full UTCR Committee:
FALL MEETING, October 17, 2003, in Salem, at the Oregon Office of the State Court Administrator. The meeting will be carried over to the following day, October 18, 2003, 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 2004-2005 UTCR cycle at which the committee intends to accept proposals to make recommendations for UTCR changes that would take effect August 1, 2004. Meeting dates for the following year are scheduled at the fall meeting.
Changes to the UTCR for 2003 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, 2003, and are also included in the attached UTCR:
1. Amend UTCR 1.090(2), as follows:
(1) * * *
(2) For willful and prejudicial resistance or refusal to comply with UTCR or SLR, the court, on its own motion or that of a party after opportunity for a hearing, may [award reasonable costs, expenses and attorneys fees incurred by a party, attorney or the court as a result of that failure, strike the offending pleading or other document, or treat as established an allegation or claim] do any of the following:
(a) Assess against the noncompliant party or attorney or both reasonable costs, expenses and attorneys fees incurred by a party, attorney or the court.
(b) Otherwise award reasonable costs, expenses and attorneys fees incurred by a party, attorney or the court.
(c) Strike the offending pleading or other document.
(d) Treat as established an allegation or claim.
2. Amend UTCR 7.060, as follows:
7.060 AMERICANS WITH DISABILITIES ACT (ADA) ACCOMMODATION
(1) If special accommodation under the ADA is needed for an individual in a court proceeding, the party needing accommodation for the individual must notify the court in the manner required by the court as soon as possible, but no later than [two] four judicial days in advance of the proceeding. For good cause shown, the court may waive the [two] four-day advance notice.
(2) Notification to the court must provide:
(a) the name of the person needing accommodation;
(b) the case number;
(c) charges (if applicable);
(d) the nature of the proceeding;
[(b)] (e) the person's status in the proceeding;
(f) the time, date, and estimated length of the proceeding;
[(c)] (g) the type of disability needing accommodation; and
[(d)] (h) the type of accommodation, [aural] interpreter, or auxiliary aid needed or preferred.
3. Amend UTCR 7.070, as follows:
7.070 FOREIGN LANGUAGE INTERPRETERS
(1) If a foreign language interpreter is needed for a court proceeding, the party in need of an interpreter must notify the court in the manner required by the court as soon as possible, but no later than [two] four judicial days in advance of the proceeding. For good cause shown, the court may waive the [two] four-day advance notice.
(2) Notification to the court must include:
(a) the name of the person needing an interpreter;
(b) the case number;
(c) charges (if applicable);
(d) the nature of the proceeding;
(e) the person's status in the proceeding;
(f) the time, date, and estimated length of the proceeding; and
(g) the language to be interpreted.
4. New UTCR 7.080, as follows:
7.080 INTERPRETERS' REQUESTS FOR INFORMATION
If requested by a neutral court interpreter, parties in civil and criminal cases shall provide a list of specialized terminology expected to be used in the proceeding in which the interpreter will be providing services. The list shall be provided prior to the commencement of the proceeding. The list shall be kept confidential by the interpreter and is not discoverable.
CHAPTER 15--Small Claims
5. New UTCR 15.010, as follows:
15.010 SMALL CLAIMS FORMS
(1) The following small claims documents shall be accepted, when the proper fee is tendered, by all judicial districts that accept small claims filings:
(a) Claim and Notice of Claim substantially in the form specified in Form 15.010.1a in the UTCR Appendix of Forms, to commence a small claims action pursuant to ORS 46.425 and 46.445.
(b) Request for Default Judgment, Defendant Status Affidavit substantially in the form specified in Form 15.010.1b in the UTCR Appendix of Forms, to request a default judgment pursuant to ORS 46.475(2)
(c) Request for Judgment; Noncompliance Affidavit substantially in the form specified in Form 15.010.1c in the UTCR Appendix of Forms, to request a judgment for failure to comply with a mediation agreement.
(d) Small Claims Judgment; Money Award substantially in the form specified in Form 15.010.1d in the UTCR Appendix of Forms as a form for use to enter judgment in a small claims action under ORS 46.475(2), 46.485, and 46.488.
(2) Forms in these formats may be made mandatory by SLR. SLR 15.011 is reserved for making such formats mandatory in the judicial district.
[NOTE: Forms 15.010.1a, 15.010.1b, 15.010.1c, and 15.010.1d can be found in the Appendix of Forms at the end of the UTCR.]