| U.S. District Court District of Oregon Local Rules of Civil Practice |
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Effective June 1, 2006
(a) Certification Requirements
(1) Except for motions for temporary restraining orders, the first paragraph of every motion must certify that:
(A) The parties made a good faith effort through personal or telephone conferences to resolve the dispute and have been unable to do so; or
(B) The opposing party willfully refused to confer; or
(C) The moving party or opposing party is a prisoner not represented by counsel.
(2) The Court may deny any motion that fails to meet this certification requirement.
(3) A party filing a motion should state "UNOPPOSED" in the caption if the other parties to the action do not oppose the motion.
1. The certification requirements of LR 7.1 are broader than those established in Fed. R. Civ. P. 37(a)(4), which deals only with motions to compel discovery.
2. In cases in which one or more parties are proceeding pro se, counsel should document a good faith effort to consult with the unrepresented party. The Court will determine compliance with LR 7.1 on a case by case basis. (See LR 55.1) (b) Separate Documents
Motions may not be combined with any response, reply, or other pleading.
(c) Supporting Memoranda (See Fed. R. Civ. P. 7(b))
Every motion must be accompanied by a separately filed legal memorandum. A legal memorandum exceeding twenty (20) pages must have a table of contents and a table of cases and authorities with page references.
(d) Limitations on Oral Argument
(1) Court Hearing: The Court will decide each motion without oral argument unless the Court determines that oral argument would help it resolve the matter. If the Court elects to hear oral argument, the Court will notify the parties of the date and time for any hearing.
(2) Request for Oral Argument: A party seeking oral argument must include “Request for Oral Argument” on the last line of the caption to the motion or response, e.g.,
Example Plaintiff Smith Corporation’s
MOTION FOR PROTECTIVE ORDER
Pursuant to Fed. R. Civ. P. 26(c)(1)
Request for Oral Argument(3) Oral Argument by Telephone Conference: A party may request that oral argument be by telephone conference.
(4) Waiver of Oral Argument: A party waives oral argument by:
(A) Failing to timely file any memorandum or other statement required by LR 7, LR 26, LR 37, or LR 56; or
(B) Filing late any paper allowed by LR 7, LR 26, LR 37, or LR 56.
(e) Time Limits for Discovery and Non-Discovery Motions
(1) Response: A party must file and serve any response within eleven (11) days after service of the motion.
(2) Reply: A party must file and serve any allowable reply to the response within eleven (11) days after service of the response. (See LR 26.5(c)).
(3) Other Memoranda: Unless directed by the Court, no further briefing is allowed.
(4) Taking Under Advisement: Unless otherwise directed by the Court, both discovery and non-discovery motions will be taken under advisement at the close of the time limits set forth in LR 7.1(e).
(f) Request for Expedited Hearing
A party seeking expedited hearing must include “EXPEDITED HEARING REQUESTED” on the last line of the document’s title, e.g.,
Example Plaintiff Smith Corporation's
MOTION FOR PROTECTIVE ORDER Pursuant to Fed. R. Civ. P.26(c)
Expedited Hearing Requested(g) Reminders to the Court (See LR 83.13)
(a) Document Designation (See LR 10.2)
The document title shall substantially comply with the following format:
Example Defendant ABC Corporation's
MOTION FOR SUMMARY JUDGMENT(b) Page Limits
Without prior Court approval, memoranda, (including objections to a Findings and Recommendation of a Magistrate Judge and responses to such objections) must be 35 pages or less exclusive of exhibits.
(c) Calendaring (See LR 7.1(d)(1) and LR 7.1(e)(4))
Amendment History to LR 7 | |
June 1, 2002 | |
| LR 7.1(a)(1) | Motions for Temporary Restraining Orders specifically excluded. |
| LR 7.1(a)(1)(c) | New Rule. |
| LR 7.1(b) | New Rule. Subsequent rules renumbered. |
| LR 7.2(b) | The phrase "(including objections....)" added. |
June 1, 2006 | |
| Generally | The word "brief" and "briefs" stricken and replaced with "memorandum" or "memoranda" as appropriate throughout. Cross References updated Document Title examples modified throughout. "Advisory Note" changed to "Practice Tip". |
| LR 7.1(a)(3) | New Rule. Item #2 added to Practice Tip |
| LR 7.1(c) | The word "Affidavit" stricken from the heading title. The sentence beginning "A legal memorandum...." added. |
| LR 7.1(d) | Deleted this section and moved it to LR 7.1(c). Subsequent sections re-lettered. |
| LR7.1(e) | Deleted this section. Subsequent sections re-lettered. |
| LR 7.3 | Sections (a), (b) and (c) deleted and moved to LR 26.5. |
| LR 7.5 | Text portion of rule deleted. |