These local rules govern practice and procedure in the United States District Court for the District of Oregon in all civil actions-whether arising at law, in equity, or in admiralty-except as stated in Fed. R. Civ. P. 81. Any Practice Tips that accompany the Local Rules are explanatory only and are not rules that require adoption pursuant to Fed. R. Civ. P. 83.
The amendment history for each rule provides the most recent effective date.
The local civil rules will be cited as "LR ____ - ____."
In the interest of justice, a judge may suspend or modify the application of these rules in an individual case or group of cases.
Unless the context requires otherwise, the following definitions apply to all proceedings within the District of Oregon:
refers to the Clerk of the District Court and to any authorized deputy clerk.
refers to the Court's electronic filing and case management system; an acronym for "Case Management/ Electronic Case Files."
includes counsel of record for any represented party, any unrepresented or self-represented party, and any law student appearing pursuant to LR 83-5.
refers to the United States District Court for the District of Oregon and not to any particular judicial officer.
the act of filing any pleading, document, exhibit, memorandum, or other material via CM/ECF.
means any pleading, document, exhibit, memorandum, or other material filed using CM/ECF.
means service of any electronic filing on a Registered User via CM/ECF, or by other electronic means that the person consented to in writing. (See Fed. R. Civ. P. 5(b)(2)(E) and LR 5-1.)
applies to any United States circuit, district, or magistrate judge exercising jurisdiction over a particular case or proceeding.
a document sent via e-mail reflecting completion of a CM/ECF transaction, displaying the case number(s), date of filing, docket text, and identifying who was notified by e-mail.
refers to the electronic public access website maintained by the Federal Judiciary at pacer.uscourts.gov. Also, an acronym for "Public Access to Court Electronic Records."
(k) Party
includes counsel of record for the represented party.
An attorney or self-represented litigant who has been granted e-filing privileges in CM/ECF.
Amendment History to LR 1 | |
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LR 1.2 | The words "originally" and "Over time . . ." added. |
LR 1.5(a) | Delete definition of Alternate Dispute Resolution. (See LR 16-4 for expanded information on ADR programs). |
LR 1.5 | Sections (c), (f), (g), (h), (l), and (m) are new definitions. Sections (c), (g), (h), and (l) are necessary in order to implement the Court's electronic filing system - CM/ECF (See LR 100). |
June 1, 2006 | |
LR 1.2 | The phrase ". . . have been . . ." substituted for the word "are." |
LR 1.5(b) | Definition text added. Court's website address amended. |
LR 1.5(c) | The phrase ". . . or Filed Conventionally . . ." added to the definition. |
LR 1.5(d) | The word "includes" substituted for ". . . refers to . . ." The word "any" substituted for the word "to." The letter "s" dropped from "students." |
LR 1.5(f) | Deleted definition of "Document." Subsequent sections renumbered. |
LR 1.5(I) | Deleted definition of Filing User. Added definition for Notice of Electronic Filings. Subsequent sections renumbered. |
LR 1.5(k) | Added definition for PDF. |
LR 1.5(l) | Deleted definition of Pleading. Added definition for Registered User. |
December 1, 2009 | |
Generally | The citation format changed from "___.___" to "___-___" throughout the Local Rules. The word "shall" has been replaced by "must" or "will" throughout the Local Rules. Cross-references updated. |
LR 1-5(b) | Court's website address amended. |
LR 1-5(c) | Eliminated definition of "conventionally filed or filed conventionally." Subsequent sections renumbered. |
LR 1-5(k) | Amended to include pro se litigants who have been granted permission by a judicial officer to electronically file documents to the definition of a Registered User. |
LR-6 | Former LR 6 was deleted as unnecessary. |
March 1, 2012 | |
LR 1-5(j) | Update reference for the Practice Tip location from LR 100-5 to LR 100-2. |
March 1, 2013 | |
LR 1 | General clerical corrections to italicize the word "See" and adding missing periods in parenthetical references that are not included in the title of a rule. |
LR 1-5(b) | Reference to the Court's Internet address corrected to be ord.uscourts.gov and added hyperlink to the website. |
LR 1-5(j) | Reference to LR 100-2 Practice Tips made plural. |
March 1, 2014 | |
LR 1-2 | The word "any" (referring to "any changes") was changed to "the" (so the sentence refers to "an explanation of the changes…"). |
LR 1-5 | Updated generally to remove the words "The term" at the beginning of each definition and to replace references to the former LR 100. The words "pro se" were italicized. |
LR 1-5(b) | The words "under the E-Filing menu" were added to further describe where information may be found on the Court's website. |
LR 1-5(e) | Removed the words "authorized to be" and "the Internet." |
LR 1-5(f) | Removed the words "over the Internet." |
LR 1-5(h) | Added additional descriptors of the Notice of Electronic Filing to include "displaying the case number(s), date of filing, docket text" and identifying who was notified "by e-mail." |
LR 1-5(j) | Modified the rule reference from the former Practice Tips at LR 100-2 to LR 5-2(b) and Section 5 of the CM/ECF User Manual available on the Court's website at ord.uscourts.gov. |
May 1, 2015 | |
LR 1-2 | Changed to reflect current effective date and location of amendment history. |
March 1, 2016 | |
LR 1-2 | Changed "May 1, 2015" to "March 1, 2016" to reflect the current effective date. |
January 1, 2018 | |
LR 1-2 | Changed "March 1, 2016" to "January 1, 2018." |
LR 1-5(b) | After "ord.uscourts.gov," deleted comma and "under the E-Filing menu." |
January 1, 2019 | |
LR 1-2 | Changed "January 1, 2018" to "January 1, 2019." |
LR 1-5(h) | In the title, deleted "(See LR 5-4)" after "Filing." |
January 21, 2020 | |
LR 1-5(b) |
Replaced "is the acronym for the federal judiciary's case management and electronic case filing system. (See LR 5-2 and the Court's website at ord.uscourts.gov.)" with "refers to the Court's electronic filing and case management system; an acronym for 'Case Management/Electronic Case Files.'" |
LR 1-5(e) |
Definition of "Electronic Filing" renumbered to LR 1-5(f). Inserted definition of "E-file" as "the act of filing any pleading, document, exhibit, memorandum, or other material via CM/ECF." |
LR 1-5(f) |
Definition of "Electronic Service" renumbered to LR 1-5(g). Definition of "Electronic Filing" renumbered from LR 1-5(e). Deleted "the" before "CM/ECF" and "system" after "CM/ECF." Deleted reference to local rule. |
LR 1-5(g) |
Definition of "Judge or Judicial Officer" renumbered to LR 1-5(h). Definition of "Electronic Service" renumbered from LR 1-5(f). Deleted "using the" and inserted "on a Registered User via" before "CM/ECF." Deleted "system" after "CM/ECF" and inserted a comma followed by "or by other electronic means that the person consented to in writing." Added reference to Fed. R. Civ. P. 5(b)(2)(E). |
LR 1-5(h) |
Definition of Notice of Electronic Filing renumbered to LR 1-5(i). Definition of "Judge or Judicial Officer" renumbered from LR 1-5(g). |
LR 1-5(i) |
Definition of "Party" renumbered to LR 1-5(k). Definition of "Notice of Electronic Filing" renumbered from LR 1-5(h). Inserted "(NEF)" after subheading. Deleted "refers to the" and inserted "a" at the beginning of the sentence. Added "sent via e-mail" after "document" and replaced "the" with "a" before "CM/ECF." |
LR 1-5(j) |
Deleted. Inserted subheading "PACER" followed by "refers to the electronic public access website maintained by the Federal Judiciary at www.pacer.gov. Also, an acronym for 'Public Access to Court Electronic Records.'" |
LR 1-5(k) |
Definition of "Registered User" renumbered to LR 1-5(l). Definition of "Party" renumbered from LR 1-5(i). |
LR 1-5(l) |
New subsection number added. "Registered User" renumbered from LR 1-5(k). Deleted "Attorneys admitted to practice in this Court pursuant to LR 83-1 and registered with the CM/ECF system pursuant to LR 83-1(e), and pro se litigants who have been granted permission by a judicial officer to electronically file documents pursuant to LR 5-1(c)" and inserted "An attorney or pro se litigant who has been granted e-filing privileges in CM/ECF." |
December 1, 2020 | |
LR 1-2 | Amended effective date to "December 1, 2020." |
July 1, 2021 | |
LR 1-2 | Replaced "January 21, 2020" with July 1, 2021." |
April 1, 2022 | |
LR 1-1 | Inserted "Any Practice Tips that accompany the Local Rules are explanatory only and are not rules that require adoption pursuant to Fed. R. Civ. P. 83." |
LR 1-2 | Replaced "July 1, 2021" with "April 1, 2022." |
December 1, 2022 | |
LR 1-2 | Replaced "April 1, 2022" with "December 1, 2022." |
January 3, 2023 | |
LR 1-2 | Replaced "These local rules are effective on December 1, 2022. Over time, individual rules have been modified, and an explanation of the changes is included in the amendment history, which is on the Court's website (ord.uscourts.gov)" with "The amendment history for each rule provides the most recent effective date." |
September 3, 2024 | |
LR 1-5(c) |
Replaced "pro se" with "self-represented." |
LR 1-5(l) | Replaced "pro se" with "self-represented." |
In the caption of any complaint, petition, notice of removal, and all charging documents, the filing party must identify the division where "divisional venue" lies.
For purposes of these Local Rules, "divisional venue" means the division of the Court in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated.
Example |
UNITED STATES DISTRICT COURT DISTRICT OF OREGON MEDFORD DIVISION |
|
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JANE DOE, v. JOHN DOE, |
Case No.: COMPLAINT |
Unless otherwise directed by the Court, cases will be tried in the division assigned under LR 3-2(b).
In the interests of justice, the Court may order that the case be tried at any other place within the district.
Before a document can be accepted for filing - or before the Clerk's Office can provide any services covered under the Schedule of Fees adopted by the Judicial Conference of the United States - the filing party, or the person requesting services, must pay all required fees, or file an in forma pauperis application for waiver of fees pursuant to 28 U.S.C. § 1915(a).
The clerk is directed to conditionally grant an Application to Proceed In Forma Pauperis and not delay the filing, assignment, and statistical opening of any civil action pending final review and decision on the application by the Court. (See "Application to Proceed In Forma Pauperis - Incarcerated Person" and "Application to Proceed In Forma Pauperis" forms.)
A completed JS-44 Civil Cover Sheet is required to be filed with every civil complaint, petition, or other paper that initiates a civil action.
In a case seeking review of the decision of the Commissioner of Social Security filed pursuant to 42 U.S.C. § 405(g), a plaintiff represented by counsel must indicate whether the plaintiff consents to Magistrate Judge jurisdiction at the time of filing.
Practice Tips |
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1. Copies of the JS-44 Civil Cover Sheet are available at the Divisional Office Intake Counters in Portland, Eugene, and Medford, and are available on the Court's website. |
2. Checking the JURY DEMAND box on the JS-44 Civil Cover Sheet does not constitute a valid jury demand pursuant to LR 38 or Fed. R. Civ. P. 38(b). |
Upon case initiation, the Clerk's Office will issue certain documents as enumerated in LR 16-1.
The Clerk's Office may issue summons electronically by placement of the Court's seal and signature of the issuing clerk on the process documents submitted by the plaintiff(s).
Except as provided by 28 U.S.C. § 1915, the filing party is responsible for serving all documents issued by the clerk at case initiation upon all named parties. In cases which are removed to this Court, the removing defendant is considered the "filing party" for purposes of this rule and must serve the documents issued by the clerk enumerated in LR 16-1 upon all named parties.
Practice Tip |
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Electronic notice by the Court is not a substitute for the filing party's obligation to serve all documents issued by the Court at the time of filing upon all named parties. |
At the time a complaint is presented for filing, any party seeking to file the case under seal must either:
A party seeking to place a pending case under seal must file an appropriate motion requesting the Court to seal the case along with all associated electronic records. (See LR 5-4(a).)
A proposed order to seal a case must include language that identifies the persons authorized to review, copy, photograph, and/or inspect the sealed materials.
(d) Court's Responsibility
After reviewing the motion and supporting materials, the Court will either:
Subsequent access to the sealed case will be regulated by controlling statute or court order.
Amendment History to LR 3 | |
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June 1, 2006 | |
Generally | Cross-references updated throughout the rule. The word "Memoranda" changed to "Memorandum" throughout the rule. |
LR 3.4(a)(1) (2) and (3) | The word "in" substituted for the word "from." The word "must" substituted for the word "will." |
LR 3.4(c) | The word "Court" substituted for the word "judge." The word "its" substituted for the word "their." |
LR 3.7(a) | The phrase beginning with ". . . certain documents as enumerated in LR 16.1 . . ." substituted for the phrase beginning with ". . . a case management scheduling order . . . ." |
LR 3.7(b) | The line beginning with "In cases which . . ." added. Practice Tip added. |
LR 3.8(a) (2) | The word "Upon" in second sentence replaced with "Pending." |
December 1, 2009 | |
LR 3-1 | Former LR 3.1 deleted. Subsequent rules renumbered. |
LR 3-2 (b) | Added to require pleading the division assignment in the case caption. |
LR 3-3 | Altered text from "Cases arising in counties . . ." to "Cases where divisional venue lies . . ." |
LR 3-9 | Former LR 3.9 deleted. |
LR 3-10 | Former LR 3.10 deleted. |
Generally | Cross-references updated and references to Appendix of Forms deleted. |
March 1, 2012 | |
LR 3-2(a) | Sentence modified to note the addition of the division codes established to identify divisional venue. Division codes added to LR 3-2(a)(1)-(4). |
LR 3-2(b) | The word "filing" has been replaced with "complaint, petition, notice of removal, and all charging documents." |
LR 3-3 | Former LR 3-3 deleted. Subsequent sections renumbered. |
LR 3-4 | The words "city in which the case is maintained" have been changed to "division assigned under LR 3-2(b)." |
LR 3-5 now LR 3-4 | Clerical corrections (upper and lower case letters and italicized text) made to in forma pauperis references. |
LR 3-8 now LR 3-7 | Update reference in (c) to LR 3-9 now LR 3-8, reference in (d) to LR 3-8(e) to LR 3-7(e), and in (e) omitted the cross-reference to LR 79. |
March 1, 2013 | |
LR 3-1 | Title change from "Places of Holding Court" to be "Locations for Filing." Further, the rule is amended to clarify that the Court is open to receive filings in Portland, Eugene, and Medford in light of 28 U.S.C. § 117, which states, in part, "Court shall be held at Coquille, Eugene or Springfield, Klamath Falls, Medford, Pendleton, and Portland." |
LR 3-3 | Amended to delete LR 3-3(b) ("Upon motion of any party, the Court may order that a case be tried in Pendleton") and renumber LR 3-3(c) accordingly. |
LR 3-5(a) | Replaced "At the time of filing" with "Upon case initiation." |
LR 3-5(b) | New subsection. |
LR 3-5(c) | Subsection relettered from (b) to (c). Replaced "at the time of filing" in first sentence with "at case initiation." Replaced "at the time of filing" in second sentence with "enumerated in LR 16-1." Replaced "the documents" in second sentence with "all documents." |
LR 3-6(a)(1) | Replaced "file" with "case" in first sentence. Replaced "file and records" with "complaint, and motion" in second sentence. |
LR 3-6(a)(2) | Removed "(if any)" from first sentence. Replaced "file and associated records" with "complaint, and motion" in second sentence. |
LR 3-6(b) | Replaced "the file and" with "the case along with." |
LR 3-6(c) | New subsection. |
LR 3-6(d) | Relettered section from (c) to (d). |
LR 3-6(e) | Relettered section from (d) to (e). |
LR 3-7 | New provision with Practice Tip. |
LR 3-8 | Renumbered from LR 3-7 to 3-8. Omitted cross-reference. Added "This provision applies to documents sealed by orders other than a protective order." |
LR 3-8(a) | Added "and remote, electronic access to electronically filed sealed documents is restricted to court users only" at end of sentence. |
LR 3-8(c) | Renumbered reference to LR 3-8 to LR 3-9. |
LR 3-8(d) | Renumbered reference from LR 3-7(e) to LR 3-8(e). |
LR 3-9 | Renumbered from LR 3-8 to 3-9. |
LR 3-9(a) | Renumbered reference to LR 3-8(c) to LR 3-9(c). |
LR 3-9(b)(2) | Added text "to include the following information:" and added to the Example: "Case caption including case number" and "Submitted by: name of attorney, representing (name of party)." |
March 1, 2014 | |
LR 3-2(b) | Replaced "court" with "Court." |
LR 3-4 | Clarified Practice Tip #1 that copies of the JS-44 Civil Cover Sheet are available "at the Divisional Office Intake Counters in Portland, Eugene, and Medford." |
LR 3-7 | Reference to former LR 100-5 updated to be (new) LR 5-5(b). |
May 1, 2015 | |
LR 3-1 | Moved JS-44 Civil Cover Sheet requirement from the Practice Tip to the text of the rule. |
LR 3-6 | Removed instances of "electronic" and "electronically." |
LR 3-8 | Removed instances of "electronic" and "electronically." |
March 1, 2016 | |
LR 3-7 | Text deleted from LR 3-7 and moved to LR 26-4(b) and (c). |
LR 3-7 Practice Tip |
Text deleted from LR 3-7 Practice Tip and moved to LR 26-4 Practice Tip. |
LR 3-8 | Renumbered from LR 3-8 to LR 3-7. |
LR 3-8(c) now LR 3-7(c) | Updated cross-reference from "LR 3-9" to "LR 3-8." |
LR 3-8(d) now LR 3-7(d) | Updated cross-reference from "LR 3-8(e)" to "LR 3-7(e)." |
LR 3-9 | Renumbered from LR 3-9 to LR 3-8. |
LR 3-9(a) now LR 3-8(a) | Updated cross-reference from "LR 3-9(c)" to "LR 3-8(c)." |
March 1, 2017 | |
LR 3-7 | Added a new second sentence: "For documents to be filed under seal pursuant to an existing protective order in a civil case, see LR 26-4(c)." |
LR 3-7(b) | In the heading, after "Order," added "Other Than by a Protective Order." In the first sentence if the rule text, after "order," added "other than a protective order." Added new third sentence: "See LR 26-4(c) addressing documents filed under seal pursuant to a protective order in a civil case." |
January 1, 2019 | |
LR 3-5(b) | Deleted "in the manner described in LR 11-1(b)" after "clerk." |
LR 3-6(b) | Updated the cross-reference from "LR 5-5(b)" to "LR 5-4(b)." |
January 21, 2020 |
|
LR 3-6(b) |
Updated cross-reference from "LR 5-4(b)" to "LR 5-4(a)." |
December 1, 2020 |
|
LR 3-7 |
Deleted. |
LR 3-8 |
Deleted. |
September 3, 2024 | |
LR 3-4 |
Added subsection (d) "Consent to Magistrate Judge Jurisdiction in Social Security Cases In a case seeking review of the decision of the Commissioner of Social Security filed pursuant to 42 U.S.C. § 405(g), a plaintiff represented by counsel must indicate whether the plaintiff consents to Magistrate Judge jurisdiction at the time of filing." |
All summonses, along with sufficient copies for service, will be prepared by the filing party and presented to the clerk for issuance. The clerk will issue summons electronically, except in cases where the filing party is self-represented.
An amended summons must be titled AMENDED SUMMONS, must be reproduced without interlined changes, and must be served pursuant to Fed. R. Civ. P. 4(c).
Unless required by law or statute, or upon application for good cause shown and subsequent court order, U.S. Marshals Office personnel will not serve the complaint and summons in private civil actions.
Unless otherwise permitted by the Court, the reasonable time to return the waiver is 30 days from the date on which the request is sent, or 60 days from the date if the defendant is addressed outside any judicial district of the United States.
A motion and affidavit or declaration to recover costs of service pursuant to Fed. R. Civ. P. 4(d)(2) must include:
Amendment History to LR 4 | |
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June 1, 2006 | |
Generally | References to Appendix of Forms updated. |
December 1, 2009 | |
LR 4-3 | Changed reference to Fed. R. Civ. P. 4(c)(3). |
LR 4-4(a) | Changed reference to Fed. R. Civ. P. 4(d)(1)(F). |
LR 4-4(b) | Changed reference to Fed. R. Civ. P. 4(d)(2). |
Generally | Cross-references updated and reference to Appendix of Forms deleted. |
March 1, 2012 | |
LR 4-3 | Correction of references to U.S. Marshals Office by removal of the apostrophe before the "s." |
March 1, 2014 | |
LR 4 | Generally, italicized the word "See" in the section captions and rule references. |
LR 4-4(a) | Changed "thirty (30)" to "30" and "sixty (60)" to "60." |
May 1, 2015 | |
LR 4-1 | Added that summons are to be issued electronically except for matters in which the filing party is pro se. |
March 1, 2017 | |
LR 4-1 | Corrected spelling of "electronically." |
LR 4-2 | Added "or declaration" after "affidavit." |
September 3, 2024 | |
LR 4-1 |
Replaced "pro se" with "self-represented." |
Practice Tip |
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Instructions and requirements for applying to e-file as a self-represented party are available on the Court's website at ord.uscourts.gov. |
Non-Registered Users must file all documents with the Clerk's Office in paper form.
A filing party is responsible for perfecting service on a Non-Registered User in any manner permitted by the Federal Rules of Civil Procedure or these local rules and for filing a Certificate of Service.
Registered Users must follow the electronic filing requirements as described in detail in the CM/ECF User Manual on the Court's website at ord.uscourts.gov. This manual may be updated periodically to conform to new releases or features of CM/ECF. Notice of any updates will be posted on the Court's website.
All pleadings and documents, including attachments and exhibits, must be filed as text-searchable PDF files, unless otherwise directed by the Court.
Electronically filed documents may contain hyperlinks to other portions of the same document and/or hyperlinks to a location on the Internet that contains a source document for a citation.
Hyperlinks to cited authority do not replace standard citation format. Complete citations must be included within the text of the document. Neither a hyperlink, nor any site to which it refers, is considered part of the record. Hyperlinks are simply convenient mechanisms for accessing material cited in an electronically filed document.
The Court neither endorses nor accepts responsibility for any product, organization, or content at any hyperlinked site, or at any site to which that site may be linked.
Facsimile filings are not allowed except in emergency situations, and then only when expressly approved in advance by the assigned judge and coordinated with the Clerk's Office.
A party seeking to place under seal a document that is currently in the public record must file and serve a motion. Unless otherwise requested, the motion will be treated as a discovery motion. See LR 26-3.
Practice Tips |
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The filing deadline for any document is 11:59 p.m. (Pacific Time) on the day the document is required to be filed.
A document will be considered filed when all components of the document reside in the official court record.
If an electronic filing relates to a scheduled court proceeding that is to be held within three business days of the filing, the filing party must concurrently telephone or e-mail the assigned judge's courtroom deputy to request that chambers be promptly notified of the e-filing.
The following documents cannot be filed electronically and must instead be filed in paper:
Clerk's Office staff will scan and convert a paper filing in its entirety to a PDF for docketing in CM/ECF. Subsequently, the paper filing will be disposed of in accordance with guidance from the Administrative Office of the U.S. Courts.
Practice Tips |
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(1) Return of Service documents must be electronically filed. |
(2) See Local Rule 10 for paper formatting requirements. |
Documents or other materials offered and accepted for in camera inspection during a Court proceeding will be handled in accordance with LR 5-5(d).
Documents tendered ex parte to the Clerk's Office for transmission to the Court and subsequent in camera inspection must be:
Example |
Case caption including case number For In Camera Inspection Submitted by: name of attorney, representing (name of party) |
After completing the in camera inspection, the Court will direct the Clerk's Office to:
Demonstrative, physical, or oversized exhibits need not be filed electronically.
Electronic trial exhibits are to be submitted to the Clerk's Office per the requirements and procedures as described in "Submission Requirements for Electronic Trial Exhibits" found on the Court's website. Physical exhibits are to be handled in accordance with the trial judge's instructions.
Transcripts of courtroom proceedings held before judicial officers will be electronically filed.
Unless otherwise ordered by the Court, a paper copy, properly fastened pursuant to LR 10-1(f), of the following electronically filed documents, and the Notice of Electronic Filing, must be marked as a "JUDGE'S COPY" and delivered to the Clerk's Office within three business days after the electronic filing: dispositive motions and motions for injunctive relief (including all related documents); Social Security administrative records; and any other documents (including all related documents) that, in the aggregate, are in excess of ten pages.
Non-Registered Users are not required to provide a judge's copy unless otherwise ordered.
Unless required by the Court in a particular proceeding, the following documents must be retained by the parties and not filed with the Court:
Any document enumerated in LR 5-9(a) served pursuant to Fed. R. Civ. P. 5 must also be provided concurrently to a party by e-mail. Interrogatories, requests for production, and request for admissions must be e-mailed in a word processing agreed upon by the parties.
Commentary |
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The purpose of LR 5-9(a)-(b) is to allow counsel to prepare responses to discovery documents easily and efficiently. This rule does not affect the prescribed period for taking any action in response to the document, which is calculated according to the selected method of service. |
Example | SUBMITTED BY: | John Q. Attorney John Q. Attorney OSB # 999-99999 (541) 999-9999 Attorney for Plaintiff Smith Corporation, Inc. |
The Clerk will not accept for filing any courtesy or information copies of documents or correspondence exchanged between the parties unless they are contemporaneously filed as an exhibit or appendix to a pleading or other document.
Unless directed by the Court, letters to the Court will not be docketed. (See Fed. R. App. P. 10(a) for guidance about including undocketed correspondence in the official record on appeal.)
A party may request the Clerk to conform a copy of any document presented on paper for filing. However, the filing party must provide the Clerk with a copy of the document and a postage-paid, addressed return envelope if the copy is to be returned by mail.
Every order or other Court-issued document filed electronically without the original signature of a judge or Clerk has the same force and effect as if the judge or Clerk had signed a paper copy of the order and it had been entered on the docket in a conventional manner. Orders may also be issued as "text only" entries on the docket, without an attached document.
Practice Tip - Mailing Judgments to Registered Users |
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In accordance with Fed. R. Civ. P. 5(b) and 77(d), the Clerk's Office does not mail a paper copy of electronically filed judgments to Registered Users who have been electronically served. |
Electronically filed documents such as affidavits or declarations under penalty of perjury that contain original signatures of persons who are not Registered Users must be maintained in their original paper form by the Registered User until the later of:
On request of the Court or a party, the Registered User must provide the document for review.
Information available through CM/ECF may not be downloaded for uses inconsistent with the privacy concerns of any person.
Amendment History to LR 5 | |
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June 1, 2000 | |
LR 5-1(c)(5) | The word "Handling" was stricken. |
June 1, 2002 | |
Generally | Cross-references added. |
LR 5-1(c) | Section (c) deleted and moved to LR 5.2(a). Subsequent rules renumbered. |
LR 5-2(b) | New Rule. |
LR 5-3 | Advisory Note amended by striking Note #4. |
June 1, 2006 | |
Generally | Cross-references added and updated. |
LR 5-1(a) | New Rule. Subsequent sections relettered. |
LR 5-1(b) | New Rule. Text from LR 5.3 was moved to LR 5.1(b). |
LR 5-1(c) | The word "conventionally filed" added. |
LR 5-1(d) | New Rule. Text from old LR 100.10 moved to this new rules. |
LR 5-1(g) | Item #4 added to Practice Tip. |
LR 5-2 | Heading modified. |
LR 5-2(b) | The phrase "...enumerated in LR 5.2(a)(2), (3), and (4).." added to second sentence. |
LR 5-3 | Rule text moved to LR 5.1(b). Subsequent sections renumbered. |
LR 5-5 | New Rule. Moved text of LR 10.3 to this rule. Heading Policy was added. The phrase ".. on or after June 1, 2002..." stricken. Sections (b)(c) and (d) added to conform with August 2, 2004, amendments to the E-Government Act of 2002. |
December 1, 2009 | |
LR 5-1(a) | The word "must" substituted for "shall." |
LR 5-1(c) | The phrase "filed in hard copy" substituted for "conventionally filed." |
LR 5-1(d)-(g) | Relocated from LR 100. Practice Tip #2 deleted as redundant with LR 5-1(f). |
LR 5-1(i) | Removed word "and" and added comma. |
LR 5-2(b) | Altered text from "shall also be served concurrently on a party" to "must also be provided concurrently to a party . . ." Edited Commentary section. |
LR 5-3 | Changed cross-reference from "LR 11-3" to "Fed. R. Civ. P. 5(d)." |
LR 5-5 | Deleted former LR 5.5 as redundant with the subsequently enacted Fed. R. Civ. P. 5.2. |
Generally | Updated cross-references. |
March 1, 2012 | |
LR 5 | Updated cross-reference in the title from LR 100-7 to LR 100-8. |
LR 5-1(a) | Modified section to specify the filing requirements for Registered Users, Non-Registered Users, and All Users, including the duties to provide judges' copies and, when required, sufficient copies of documents for service by the U.S. Marshals Office. |
LR 5-1(b) | LR 5-1(b) deleted. Subsequent sections renumbered. |
LR 5-1(c) | LR 5-1(c) deleted. Subsequent sections renumbered. |
LR 5-1(h) now LR 5-1(f) | Modified the sentence to include "stipulated to by the parties or" after the word "unless" and added the following: "If requested, the proposed document should be sent in MS Word or WordPerfect format to the applicable judge. See Practice Tip for an example." Omitted cross-reference to LR 79. |
LR 5-1(i) now LR 5-1(g) | Added the words "on paper" to the first sentence. Removed "self-" from reference to the addressed envelope in second sentence and added the words "if the copy is to be returned by mail." Deleted the following sentence: "Without the extra copy and postage-paid envelope, the clerk will not conform and return the document by mail." |
LR 5-1(k) now LR 5-1(j) | Deleted "and included in the case file" from the first sentence. |
LR 5-1 Practice Tips | Deleted the phrase "(whether original or a copy)" from Practice Tip 1. Omitted former Practice Tip 3. Added Practice Tip from former LR 79-1, and added a new Practice Tip for judge's e-mail addresses for submission of proposed orders under former LR 5-1(h), renumbered LR 5-1(f). |
March 1, 2013 | |
LR 5-1(f) | Cross-reference changed from LR 84 to LR 84-1. |
LR 5-1(j) | New subsection. |
LR 5-2(b) | Deleted "to" after "agreed." |
March 1, 2014 | |
LR 5 | Generally, italicized the word "See" in the section captions and rule references. |
LR 5-1 | Changed caption from "Filing Requirements" to "Types of Filers; Implications for Receipt of Service." Omitted former LR 5-1(a)-(j) and inserted modified versions of former LRs 100-1, -2, and -4, and Practice Tip 1 from LR 100-5. Former LR 5-1(d) Scheduled Court Proceedings changed as "three (3)" is now "three." |
LR 5-2(a) | New section based on a modified version of former LR 100-3. Practice Tip is based on the Practice Tip to former LR 5-1. Former LR 5-2 is modified and moved to LR 5-10. |
LR 5-2(b) | New section based on a modified version of former LR 100-2(b). Former LR 5-2 is modified and moved to LR 5-10. |
LR 5-2(c) | New section based on a modified version of former LR 100-9. Former LR 5-2 is modified and moved to LR 5-10. |
LR 5-2(d) | Former LR 5-3. |
LR 5-3 | New section based on former LR 5-1(b)-(e). Former LR 5-3 is modified and moved to LR 5-2(d). |
LR 5-4 | New section based on a modified version of former LR 100-8. Former LR 5-4 is modified and moved to LR 5-3(a)(2). |
LR 5-5 | New section based on a modified version of former LR 100-5(a) and former Practice Tip 2 to LR 100-5. |
LR 5-6 | New section based on a modified version of former LR 100-5(b)-(c). |
LR 5-7 | New section based on a modified version of former LR 100-6. |
LR 5-8 | Former LR 5-1(j). |
LR 5-9 | New section based on a modified version of former LR 100-7. |
LR 5-10(a)-(b) | Former LR 5-2 and Commentary. |
LR 5-10(c) | Former LR 5-1(f). |
LR 5-10(d) | Former LR 5-1(h). |
LR 5-10(e) | Former LR 5-1(i). |
LR 5-11 | Former LR 5-1(g). |
LR 5-12 | New section based on a modified version of former LR 100-10. |
LR 5-13 | New section based on former LR 100-11. |
LR 5-14 | New section based on former LR 100-12. |
May 1, 2015 | |
LR 5-1(b) | Moved Practice Tip into text of rule. |
LR 5-2(a) and 5-10(c) | Moved Practice Tip from after LR 5-2(a) into text of LR 5-10(c). |
March 1, 2016 | |
LR 5-3(a)(2) | Deleted the first sentence. Changed "after-hours filing" to "after business hours filing" in the second sentence. |
LR 5-5(b) | Updated cross-reference from "LR 3-6, LR 3-7, and LR 3-8" to "LR 3-6, LR 3-7, and LR 26-4(b) and (c)." |
LR 5-6 |
New Rule. Moved text from LR 10-1(g) to this rule. |
LR 5-7 | Renumbered from LR 5-6 to LR 5-7. |
LR 5-8 | Renumbered from LR 5-7 to LR 5-8. |
LR 5-9 | Renumbered from LR 5-8 to LR 5-9. |
LR 5-10 |
Renumbered from LR 5-9 to LR 5-10. Updated cross-reference from "LR 10-1(e), (g) and Practice Tips" to "LR 5-6 and LR 10-1(e) and Practice Tips." |
LR 5-11 | Renumbered from LR 5-10 to LR 5-11. |
LR 5-11(b) |
Changed "MS Word" to "Microsoft Word." Updated cross-reference from "LR 5-10(a)" to "LR 5-11(a)." |
LR 5-11(b)Commentary |
Updated cross-reference from "LR 5-10(a)-(b)" to "LR 5-11(a)-(b)." |
LR 5-11(c) | Updated cross-reference from "LR 84.1" to "LR 10-7." |
LR 5-11(c)(1) | Changed "order" to "orders." |
LR 5-11(c) Practice Tip | Updated cross-reference from "5-10(c)" to "5-11(c)." |
LR 5-12 | Renumbered from LR 5-11 to LR 5-12. |
LR 5-13 | Renumbered from LR 5-12 to LR 5-13. |
LR 5-14 | Renumbered from LR 5-13 to LR 5-14. |
LR 5-15 | Renumbered from LR 5-14 to LR 5-15. |
March 1, 2017 | |
LR 5-2(e) | New provision and Practice Tip. |
LR 5-4(c)(3) | After "under seal," added "not served via electronic service." |
LR 5-5(b) | In the heading, added "Not Filed Electronically." after "Documents." In the rule text, after "in a civil case," added comma and "sealed and in camera documents must be filed in paper." |
LR 5-5(c) | After "Route," added "and concurrently filed certificates of service for these." |
LR 5-7(a) | Added comma and "physical," after "demonstrative" in the subheading and rule text. |
January 1, 2018 | |
LR 5-2(a) | After "ord.uscourts.gov," deleted comma and "on the For Attorneys page under the E-Filing tab." |
LR 5-5(c) | Deleted LR 5-5(c), "Individual 'Consent to Jurisdiction by a Magistrate Judge and Designation of the Normal Appeal Route' and concurrently filed certificates of service for these forms." |
LR 5-5(d) | Relettered LR 5-5(d) to LR 5-5(c). |
January 1, 2019 | |
LR 5-1 | Deleted the title of former LR 5-1(a)(1) and the title and rule text of former LR 5-1(a)(2). |
LR 5-1(b)(2) | Deleted "(See LR 5-4(c).)" at the end of the rule text. |
LR 5-2(e)(1)(A) | Updated the cross-reference from "LR 5-10" to "LR 5-9." |
LR 5-4 | Deleted former LR 5-4. |
LR 5-5 to 5-15 | Renumbered as LR 5-4 to 5-14. |
LR 5-9 | In the title, updated the cross-reference from "LR 5-6" to "LR 5-5." |
LR 5-10 | In the first sentence of LR 5-10(b), the Commentary, and the Practice Tip, updated the cross-reference from "LR 5-11" to "LR 5-10." |
LR 5-10(c)(2) | Inserted a period after "BY" and deleted "and the signature line requirements of LR 11-1, e.g." thereafter. |
January 21, 2020 |
|
LR 5-1(a) |
Added subsection numbers (1), (2), and (3). Renumbered LR 5-1(a) to LR 5-1(a)(1). |
LR 5-1(a)(1) |
Renumbered from LR 5-1(a). Inserted "and maintain active accounts" after "register." Replaced "the Clerk's Office to establish a User Account in the" with "PACER (pacer.gov) and register to e-file in" before "CM/ECF." Deleted "system" after "CM/ECF." |
LR 5-1(a)(2) |
New subsection based upon a modified version of former LR 5-1(c). |
LR 5-1(a)(3) |
New subsection number consisting of the second paragraph in former LR 5-1(a). Deleted "the" before and "system" after "CM/ECF." |
LR 5-1(a) Practice Tip |
Added "Practice Tip" stating "Instructions and requirements for applying to e-file as a pro se party are available on the Court's website at ord.uscourts.gov." |
LR 5-1(b) |
Deleted. |
LR 5-1(b)(1) |
Deleted subheading "Mode of filing." Renumbered LR 5-1(b)(1)(A) to LR 5-1(b)(1). |
LR 5-1(b)(1)(A) |
Renumbered LR 5-1(b)(1). Deleted "other than attorneys" between "Users" and "must." |
LR 5-1(b)(1)(B) |
Deleted. |
LR 5-1(b)(2) |
Deleted subheading "Receipt of Service." |
LR 5-1(c) |
Deleted. |
LR 5-1(c)(1) |
Deleted. |
LR 5-1(c)(2) |
Deleted. |
LR 5-2(a) |
Replaced "are to" with "must" after "Users." Deleted "the" before and "system" after "CM/ECF." |
LR 5-2(e)(1)(A) |
Updated reference to local rule. |
LR 5-3(a)(1) |
Deleted "the" before and "system" after "CM/ECF." |
LR 5-4(a) |
Deleted. |
LR 5-4(b) |
Renumbered to LR 5-4(a). |
LR 5-4(c) |
Renumbered to LR 5-4(b). |
LR 5-4 Practice Tip |
Added "s" to "Tip." Inserted "(1)" and added "(2) See Local Rule 10 for paper formatting requirements." |
LR 5-5 |
"Paper Copy Requirements" deleted and incorporated into LR 10-1. |
LR 5-6 |
Renumbered to LR 5-5. |
LR 5-7 |
Renumbered to LR 5-6. Replaced "may" with "will" after "staff." Replaced "posting to the" with "docketing in" before "CM/ECF" and deleted "system" after "CM/ECF." Replaced "If the clerk does so" with "Subsequently." Deleted "may be returned to the filing party or" and inserted "will" after "filing." |
LR 5-8 |
Renumbered to LR 5-7. |
LR 5-9 |
Renumbered to LR 5-8. Updated references to local rules. |
LR 5-9(a) |
Renumbered to LR 5-8(a). Replaced uppercase "D" with lowercase "d" in "dispositive." Replaced commas with semicolons between "documents)" and "Social Security," and between "records" and "and any other." |
LR 5-9(b) |
Renumbered to LR 5-8(b). Deleted "Unless otherwise required," from the beginning of the sentence. Replaced "need not" with "are not required to" and inserted "unless otherwise ordered." |
LR 5-10 |
Renumbered to LR 5-9. |
LR 5-10(b) |
Renumbered to LR 5-9(b). Updated internal reference to local rule. Replaced "Microsoft Word or WordPerfect format, not in PDF format, unless otherwise" with "a word processing format" and inserted "upon." |
LR 5-10(c)(3) |
Renumbered to LR 5-9(c)(3). Deleted "in MS Word or WordPerfect format" after "e-mailed." Made "Tip" plural. |
LR 5-10(c)(3) Practice Tip |
Practice Tip now follows LR 5-9(c)(3). Added plural "s" to "Tip." Inserted "(1)" and "(2) Contact chambers for preferred file format." |
LR 5-11 |
Renumbered to LR 5-10. |
LR 5-12 |
Renumbered to LR 5-11. |
LR 5-13 |
Renumbered to LR 5-12. |
LR 5-14 |
Renumbered to LR 5-13. Replaced "posted on the" with "available through." Deleted "system" after "CM/ECF." |
December 1, 2020 |
|
LR 5-2(e) |
Inserted new subheading "Sealed Documents." |
LR 5-2(e)(1) |
Inserted "A motion to file a document under seal may be filed under seal without an authorizing order." |
LR 5-2(e)(2) |
Inserted "Motions to file documents under seal must be filed electronically and include the document(s) proposed to be filed under seal as attachments." Former LR 5-2(e)(2) deleted. |
LR 5-2(e)(3) |
Added new subsection providing "All documents authorized to be filed under seal must be filed electronically and have the words "AUTHORIZED TO BE FILED UNDER SEAL" typed directly below the document title." |
LR 5-2(e)(4) |
Added new subsection providing "Motion to Seal Previously Filed Documents A party seeking to place under seal a document that is currently in the public record must file and serve a motion. Unless otherwise requested, the motion will be treated as a discovery motion. See LR 26-3." |
Practice Tips LR 5-2(e) |
Practice tip to former LR 5-2(e) deleted. Inserted New Practice Tips: "1. After filing the motion to file a document under seal or a document authorized to be filed under seal in CM/ECF, the filer will not have access to the docket entry or document, and no NEF will be sent. 2. Portions of a document cannot be placed under seal. For procedures related to filing a redacted document see Fed. R. Civ. P. 5.2. 3. For filing motions for protective orders, or filing documents pursuant to an existing protective order, see LR 26-4." |
LR 5-2(f) |
Renumbered from LR 5-2(e). Deleted "Exception for" from beginning of subsection caption. |
LR 5-2(f)(1) |
Inserted "Administrative Records in Social Security disability cases arising under 42 U.S.C. §§ 405(g) and 1383(c) must be filed electronically in CM/ECF in text-searchable PDF format." |
LR 5-2(f)(1)(i) |
Inserted "The Administrative Record may be filed in CM/ECF either as a single PDF with a hyperlinked index or bookmarks identifying the following sections, or as separate PDF files corresponding to the following sections:" followed by subsections (A) through (J). |
LR 5-2(f)(1)(ii) |
Inserted "A paper copy of the Administrative Record must be filed with the Court within three business days after the electronic filing. See LR 5-8." |
LR 5-2(f)(2) |
Renumbered from LR 5-2(e)(1). Added "In any other cases seeking judicial review of an agency action, as defined in the statutes authorizing such review," and replaced "A" in "agency" with lowercase letter. Deleted "in cases seeking review of an agency action, as defined in the statute authorizing such review," between "record" and "must." |
LR 5-2(f)(2)(A) |
Renumbered from LR 5-2(e)(1)(A). |
LR 5-2(f)(2)(B) |
Renumbered from LR 5-2(e)(1)(B). |
LR 5-4(a) |
Amended rule to "A motion to file a document under seal, and the document(s) proposed to be filed under seal, must be filed in paper by a pro se party, even if the pro se party is a Registered User." |
LR 5-4(b) |
Inserted "Documents containing" and made the "i" in "individually" lower case. |
LR 5-4 |
Incorporates former LR 5-6 with revisions: "Clerk's Office staff will scan and convert a paper filing in its entirety to a PDF for docketing in CM/ECF. Subsequently, the paper filing will be disposed of in accordance with guidance from the Administrative Office of the U.S. Courts." |
LR 5-5 |
Inserted "In Camera Submissions." |
LR 5-5(a) |
Inserted "Submissions for in camera review must be made in paper." |
LR 5-5(b) |
Inserted "During Court Proceedings" "Documents or other materials offered and accepted for in camera inspection during a Court proceeding will be handled in accordance with LR 5-5(d)." |
LR 5-5(c) |
New subsection. |
LR 5-5(d) |
New subsection. |
LR 5-6 |
Renumbered from LR 5-5. |
April 1, 2022 |
|
Practice Tip | Practice Tip 1 following LR 5-2. Replaced "After" with "When" as the first word of the sentence. After the comma, deleted "the filer will not have access to the docket entry or document, and no NEF will be sent." Inserted "refer to the CM/ECF User Manual for guidance and information about restriction types." |
September 3, 2024 | |
LR 5-1(a)(2) |
Replaced "pro se" with "self-represented." |
LR 5-1 Practice Tip |
Replaced "pro se" with "self-represented." |
LR 5-4(a) |
Replaced "pro se" with "self-represented." |
The responsibility to redact filings pursuant to Fed. R. Civ. P. 5.2 rests with counsel and the party or non-party making the filing. The Clerk's Office is not required to review documents filed with the Court for compliance with Fed. R. Civ. P. 5.2.
Amendment History to LR 5.2 | |
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March 1, 2012 | |
LR 5.2 | New Rule, based on Advisory Committee Notes for the 2007 adoption for Fed. R. Civ. P. 5.2 and Fed. R. Crim. P. 49.1. |
Practice Tip |
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Local Rule 6 has been eliminated due to amendments to Fed. R. Civ. P. 6(d). Under amended Fed. R. Civ. P. 6(d), three days will no longer be added to the response time when service is by electronic means. |
Amendment History to LR 6 | |
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March 1, 2013 | |
LR 6 | New Rule. |
March 1, 2014 | |
LR 6 Commentary | Changed "electronic service" to "service by electronic means" in second sentence of first paragraph. |
May 1, 2015 | |
LR 6 | Moved first paragraph of Commentary into text of rule, simplified rule text. |
March 1, 2017 | |
LR 6 |
Replaced rule with the following Practice Tip: "Local Rule 6 has been eliminated due to amendments to Fed. R. Civ. P. 6(d). Under amended Fed. R. Civ. P. 6(d), three days will no longer be added to the response time when service is by electronic means." |
Practice Tips |
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1. The certification requirements of LR 7-1 are broader than those established in Fed. R. Civ. P. 37(a)(1), which deals only with motions to compel discovery. |
2. In cases in which one or more parties are self-represented, 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) |
3. If a motion is to be based on the inadequacy of the evidence, the parties should discuss the inadequacy of the evidence in detail. |
Every motion must concisely state the relief sought and be stated in a separate section under the heading "Motion." Motions may not be combined with any response, reply, or other pleading.
Every motion must be supported by a legal memorandum. The legal memorandum must be combined in a single document with the motion. A legal memorandum exceeding 20 pages must have a table of contents and a table of cases and authorities with page references.
Example | Plaintiff Smith Corporation's MOTION FOR PROTECTIVE ORDER Pursuant to Fed. R. Civ. P. 26(c)(1) Request for Oral Argument |
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Practice Tip |
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A reply is not permitted in some cases under these rules. For example, no reply is permitted in connection with a discovery motion under LR 26-3(c) unless otherwise directed by the Court. |
A party seeking an expedited hearing must include "EXPEDITED HEARING REQUESTED" on the last line of the document's title. The party seeking an expedited hearing shall confer as required by LR 7-1(a) and shall state the other parties’ position on the request to expedite the hearing.
Example | Plaintiff Smith Corporation's MOTION FOR PROTECTIVE ORDER Pursuant to Fed. R. Civ. P. 26(c) Expedited Hearing Requested |
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The document title must substantially comply with the following format:
Example | Defendant ABC Corporation's MOTION FOR SUMMARY JUDGMENT |
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Example |
CERTIFICATE OF COMPLIANCE This brief complies with the applicable word-count limitation under LR 7-2(b), 26-3(b), 54-1(c), or 54-3(e) because it contains (insert number) words, including headings, footnotes, and quotations, but excluding the caption, table of contents, table of cases and authorities, signature block, exhibits, and any certificates of counsel. |
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Amendment History to LR 7 | |
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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 relettered. |
LR 7.1(e) | Deleted this section. Subsequent sections relettered. |
LR 7.3 | Sections (a), (b), and (c) deleted and moved to LR 26.5. |
LR 7.5 | Text portion of rule deleted. |
December 1, 2009 | |
LR 7-1(e) | The phrase "Other Than Motions Filed Pursuant to Fed. R. Civ. P. 56" substituted for "Discovery and Non-Discovery Motions." Practice Tip added. |
LR 7-1(f) | Added to address time limits for motions filed pursuant to Fed. R. Civ. P. 56. Subsequent subsections renumbered. |
LR 7-2(a) | The word "must" substituted for "shall." |
LR 7-3 | Removed the reference to Fed. R. Civ. P. 37. |
Generally | Changed time limits to multiples of seven; and in LR 7-1(f) separate time limits of 21 days and 14 days were added for summary judgment motions in light of the December 2009 changes to Fed. R. Civ. P. 56. |
March 1, 2012 | |
LR 7-1(e) | In Practice Tip, changed "LR 56-1(g)" to "LR 56-1(b)." |
LR 7-1(f)(3) | Changed "LR 56-1(g)" to "LR 56-1(b)." |
LR 7-2(b) now LR 7-2(b)(1) and (2) | Modified section to include an alternate word-count limitation of no more than 11,000 words. Headings, footnotes, and quotations count toward this limitation. The caption, table of authorities, signature block, and any certificates of counsel do not count toward this limitation. Included requirement of a Certificate of Compliance by the attorney or unrepresented party that the memorandum complies with the word-count limitation. |
March 1, 2013 | |
LR 7-2(b) | Title of the rule modified to show preference to word-count rather than page-count, and the rule amended to clarify that the certificate of compliance with the word-count limitation is necessary when the page-count limitation is exceeded, and that the count (also) excludes table of cases and exhibits. |
LR 7-3 | Removed errant period in the title. |
March 1, 2014 | |
LR 7-1(a)(1)(A) | "In compliance with this Rule" added at beginning of sentence. |
LR 7-1(a)(2) | New provision. Subsequent provisions in LR 7-1(a) are now renumbered. |
LR 7-1(a) Practice Tip | New Practice Tip 3. |
LR 7-1(b) | Changed caption from "Separate Documents" to "Separately Stated Motion." Revised to require the motion and legal memoranda to occur in a single document with separate sections. |
LR 7-1(c) | Revised to require the motion and legal memoranda to occur in a single document with separate sections. Changed "twenty (20)" to "20." |
LR 7-1(e) | Changed "fourteen (14)" to "14" in two instances. |
LR 7-1(f)(1) | Changed "twenty (21)" to "21." |
LR 7-1(f)(2) | Changed "fourteen (14)" to "14" and italicized "See." |
May 1, 2015 | |
LR 7-1(d) | Updated language to better reflect that the Court will determine whether oral argument is necessary on any given motion. |
LR 7-1(g) | Added requirement to confer by party seeking expedited hearing. |
January 1, 2019 | |
LR 7-1(e) | In the Practice Tip, deleted the comma and the following phrase after "Court": "and no reply is permitted in response to a motion to strike pursuant to LR 56-1(b)." |
December 1, 2020 | |
LR 7-1(h) | Deleted. |
September 3, 2024 | |
LR 7-1(a) Practice Tip 2 |
Replaced "proceeding pro se" with "self-represented." |
In diversity actions, any party, intervenor, or proposed intervenor that is a limited liability company (LLC), a limited liability partnership (LLP), a limited partnership (LP), or a partnership must, in the disclosure statement required by Fed. R. Civ. P. 7.1, list those states from which the owners/members/partners of the LLC, LLP, LP, or partnership are citizens. If any owner/member/partner of the LLC, LLP, LP, or partnership is another LLC, LLP, LP, or partnership, then the disclosure statement must also list those states from which the owners/members/partners of the LLC, LLP, LP, or partnership are citizens.
Practice Tip |
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The certification requirements of LR 7.1-1 are broader than those established in Fed. R. Civ. P. 7.1. The Ninth Circuit has held that, "like a partnership, an LLC is a citizen of every state of which its owners/members/partners are citizens." Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Early state citizenship disclosure will help address jurisdictional issues. Therefore, the disclosure must identify each and every state for which any owner/member/partner is a citizen. The disclosure does not need to include names of any owner/member/partner, nor does it need to indicate the number of owners/members/partners from any particular state. |
Amendment History to LR 7.1 | |
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December 1, 2009 | |
LR 7.1 | New Rule. |
June 15, 2011 | |
LR 7.1-1 | Clerical correction pursuant to Standing Order 2001-6: Changed "oner/member/partner" to "owner/member/partner." |
March 1, 2013 | |
LR 7.1-1 | Clerical correction to federal rule reference in the Practice Tip. |
December 1, 2022 | |
LR 7.1-1 | In the first sentence, inserted ", intervenor, or proposed intervenor" after "party," replaced "corporation" with "company," inserted "a limited partnership (LP)" after "(LLP)." In first and second sentences, inserted "LP," after each instance of "LLP" and removed all periods between initials in "LLC" and "LLP." |
Pleadings and other documents must be typewritten, neatly printed, or otherwise legibly reproduced, using blue or black ink.
Pleadings and other documents must be double-spaced except for the identification of counsel, title of the case, footnotes, quotations, and exhibits.
Typewritten materials, including footnotes and endnotes, must use no smaller than a 12-point font.
Pleadings and other documents must have one inch margins on the top, bottom, left, and right sides.
Paper copies filed with the clerk must be on one-sided 8 ½" x 11" paper, flat and unfolded, without back or cover.
Pleadings and other documents that are less than one inch thick must be stapled in the upper left-hand corner. Larger documents must be fastened with some other permanent fastening device. Rubber bands or large clips do not qualify as "permanent fastening devices" for purposes of this rule. Metal fasteners, ring or nylon binder posts may be used.
Practice Tips |
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1. Exhibits and attachments do not require a footer, but they must be clearly numbered to enable the Court and counsel to find particular pages quickly and easily. |
2. Regarding judges' copies: Ask the courtroom deputy clerk whether the judge's copies should be three hole punched on the side for inclusion in a binder, or two hole punched at the top for inclusion in a file or folder. |
Insert counsel or self-represented party information (as applicable: name, bar number, e-mail address, law firm, street address, phone number, and party represented) in the upper left corner on the first page, starting one inch from the top of the page.
Practice Tips |
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1. Identifying lead counsel: List the name of the attorney who has primary litigation responsibility for the case ("lead counsel") first. You may list other attorneys affiliated with the case on subsequent lines. The signature page may include a complete list of counsel submitting the document for filing. |
2. Identifying Associate (Out-of-State) Counsel: List out-of-state counsel in a separate paragraph below the local Oregon counsel name and address information. Local counsel are deemed "lead counsel" for purposes of this rule. |
3. When paper filing or service is required by these rules (See LR 5-4), the Court will send paper notices only to "lead counsel" in Oregon or self-represented litigants. |
Double space, capitalize and center the title of the Court at least one inch below the last line of the counsel information paragraph.
The clerk is directed to return without filing, and without action, all documents and papers presented for filing that do not comply with the requirements of LR 10-2(b). The offering party will be directed to re-submit the document(s) to comply with the local rule.
Single space the names of the parties along the left margin, below the court title. If the parties are numerous, the names may be continued on the second or, if necessary, successive pages in the same space.
Practice Tips |
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1. Representation in Multi-Party Cases: When not representing all plaintiffs or all defendants, counsel must clearly identify the specific party or parties they are representing. |
2. Parties' names should be capitalized, with all other relevant party information typed in a plain text format (for example: SMITH CORPORATION, an Oregon corporation, and JOHN S. SMITH, individually and in his official capacity). |
Do not use brackets ")" to set off party names from the document title.
Starting at the center of the page, left justify the case number on the same line as the first named plaintiff. The case number will be assigned by the Clerk's Office at the time the initial filing is made, and must appear on all subsequent filings. The case number must include the division code as described in LR 3-2.
At least two lines below the case number, single space and capitalize a concise description of the nature of the document.
Practice Tip |
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A Model Form for Pleadings and Other Documents may be found on the Court's website. |
Affidavits or declarations must be filed as separate documents with their own captions and footers. Their title must include the name of the related document.
Example | AFFIDAVIT OF JOHN S. HONEST, Esquire In Support of Plaintiff Smith Corporation's Motion for Summary Judgment |
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The affiant's signature on an affidavit must be notarized.
An unsworn declaration under penalty of perjury may be filed pursuant to 28 U.S.C. § 1746. (See also LR 5-12.)
The word(s) "PATENT," "TRADEMARK INFRINGEMENT," or "COPYRIGHT" must appear in the narrative description of the complaint.
Example | COMPLAINT FOR TRADEMARK INFRINGEMENT DEMAND FOR JURY TRIAL |
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In a separately numbered paragraph within the body of the complaint, the filing party must identify the owner's full name and the registration number and date of issuance of the relevant patent, trademark, or copyright.
The words "Individuals with Disabilities Education Act (IDEA)" must appear in the document title.
Example | COMPLAINT Individuals with Disabilities Education Act (IDEA) |
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When the complaint is filed, the Court will issue the Individuals with Disabilities Education Act Scheduling Order.
Document | Page or Word-Count Limits | Local Rule | Comment |
---|---|---|---|
Memoranda | |||
Attorney Fees | ten pages / 3,000 words | LR 54-3(e) | |
Bill of Costs | ten pages / 3,000 words | LR 54-1(c) | |
Discovery Motions | ten pages / 3,000 words | LR 26-3(b) | Exclusive of Exhibits |
Non-Discovery Motions | 35 pages / 11,000 words | LR 7-2 | Exclusive of Exhibits |
Concise Statement of Material Fact | five pages / 1,500 words | LR 56-1 | Filed only upon request of the Court. |
State Court Record for Capital Habeas Case | 250 pages | LR 81-3(i)(3)(C) | per volume |
LR 10-7 Forms
Absent specific directives or a requirement to use a particular form (such as the "JS-44 Civil Cover Sheet" at case initiation), a party may use any form provided by the Federal Rules of Civil Procedure, provided by these Local Rules, or recommended by the Administrative Office Forms Working Group of judges and clerks on the United States Courts website at uscourts.gov on the Forms page, as applicable, even if the forms do not comply with LR 10.
Practice Tips |
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1. When citing an attorney's name in a signature block or address block, regardless of the form used, the Court prefers that all parties comply with LR 10-2(a) and include the bar number for the attorney. |
2. Some national judiciary forms may display brackets or parentheses in the case caption to set off party names from the document title. LR 10-2(e) was enacted after notice that the inclusion of parentheses or brackets displayed in a vertical line in a text file may not print or translate well when a PDF version of that document is created for electronic filing in CM/ECF. The Court prefers that these be removed. |
3. Parties are advised to read the Notice Regarding Federal and Local Civil/Criminal Forms that is found on the Court's website at ord.uscourts.gov. (See also Fed. R. Civ. P. 5(d)(4).) |
Amendment History to LR 10 | |
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June 1, 2002 | |
LR 10.1(a) | Subsection retitled. Language from LR 10.2(e) added and modified to include requirement for unnumbered paper. Subsequent rules renumbered. |
LR 10.1(d) | Amended to substitute "maximum" for "minimum." |
LR 10.1(e) | Language moved to LR 10.1(a). Subsequent rules renumbered. |
LR 10.1(g) | Subsection (1) amended to add "..of a pleading or document...." Subsection (2) amended to add "...and documents will be clearly numbered." |
LR 10.2(a) | Cross-reference to LR 15.1 added. Last sentence "An example..." added for clarity. Advisory Notes modified to conform with e-noticing methods of CM/ECF. |
LR 10.2(c) | New Rule. Subsequent sections relettered. |
LR 10.2(e) | New Rule. Subsequent sections relettered. |
LR 10.3 | This is a new rule to reflect Judicial Conference policy (See Appendix of Forms). The previous version of LR 10.3, and all following rules, have been renumbered accordingly. |
LR 10.4 | Amended to require that the affiant's signature be notarized. |
LR 10.7(a) | Amended to substitute "initial complaint" for "document." |
LR 10.10(b) | Amended to substitute "may" for "will." |
LR 10.11 | New rule. Page Limitations Cross Reference Guide added. |
July 1, 2002 | |
LR 10.3(b) | Amended to exempt administrative records in social security proceedings. |
April 16, 2003 | |
LR 10.3(a) | Amended pursuant to the E-Government Act of 2002. |
June 1, 2006 | |
Generally | Changed "Advisory Note.." to "Practice Tip" throughout. Format Examples modified. Cross References updated throughout. Appendix of Forms numbers updated. Format of numerals modified throughout;, i.e. "ten (10)." |
LR 10-1(a) | Practice Tip deleted. |
LR 10-2(b) | Example changed to reflect divisional venue requirement. |
LR 10-2(f) | Restructured the sentence beginning with "The case number..." |
LR 10-3 | Deleted and moved to LR 5.5. Subsequent sections renumbered. |
LR 10-3 | The word "Declarations" added to the section heading and body of the rule. New subsections (b) and (c) added. |
LR 10-4(b) | The word "conventionally" added. |
LR 10-9(b) | "The Court may issue..." sentence deleted. |
December 1, 2009 | |
Generally | The entire rule has been edited for clarity, brevity, and consistency. Clarified that rule applies to pleadings "and other documents." Updated lexicon, i.e., substituted the word "fax" for "facsimile telephone." Included references to "footer." Updated cross-references and deleted references to Appendix of Forms. |
Rule Title | Added "AND OTHER DOCUMENTS." |
LR 10-1 | Moved "Paper Requirements" from (a) to (g) and relettered other subsections accordingly. Edited for clarity, including addition of "when paper copies are filed with the clerk." Moved requirement of one-sided printing to different subsection. Clarified that pages should not be numbered on left side. Specified reference to Practice Tip regarding judges' copies. Changed "will" to "must." |
LR 10-1 (Practice Tips) | Edited to clarify the requirement for pre-punching holes in documents sent to the Court. Added Practice Tip regarding judge's preferences on the location of the hole punches and information on acceptable permanent fastening accessories for larger documents. |
LR 10-2 | Practice Tip edited for clarity, including specifying that local counsel is always "lead" counsel for purposes of this rule. Eliminated statement that paper copies will be sent to lead counsel if local. Set out last sentence as separately numbered paragraph for emphasis and to clarify that, when paper service or filing is required by the rules, the Court will send paper copies only to "lead counsel" and pro se litigants. |
LR 10-3 | Clarified that affidavits and declarations must have their own captions and footers, changed "will" to "must" in 10.3(a). |
LR 10.4 | Removed as duplicative of Fed. R. Civ. P. 5.1. |
LR 10.5 | Removed as a rule without a rule. Subsequent subsections renumbered. |
LR 10.7 | Removed as a rule without a rule. Subsequent subsections renumbered. |
LR 10.8 | Removed as a rule without a rule. Subsequent subsections renumbered. |
LR 10-10 | Added the Page Limitation Table into the rule. |
March 1, 2012 | |
LR 10-2(f) | The following new sentence has been added: "The case number must include the division code pursuant to LR 3-2." In the example, the case number was changed to reflect the division code. |
LR 10-4(a) | The word "compliant" was changed to "complaint" to rectify a spelling error. |
LR 10-6 | "Filed only upon request of the Court" added to Comment column in Page Limitation of Concise Statement of Material Fact. Rule citation changed from "LR 56-1(d)" to "LR 56-1." Added word-counts to reflect new alternate limits. |
March 1, 2013 | |
LR 10-4 | Addition of (See LR 26-6) in the title, and clerical correction to remove errant "c" in subsection (a). |
March 1, 2014 | |
LR 10-1(c) | Changed "twelve (12)" to "12" and “ten (10)" to "ten." |
LR 10-1(d) | Omitted "(1)" after "one." |
LR 10-1(e) | Omitted "(1)" after "one." |
LR 10-1 Practice Tip 3 | Changed "3 hole" to "three hole" and "2 hole" to "two hole." |
LR 10-2(a) Practice Tip 3 | Updated cross-reference from "LR 100-5" to "LRs 5-4(c) and 5-5." |
LR 10-2(b) | Omitted "(1)" after "one." |
LR 10-2(d) | Omitted "(4)" after "four." |
LR 10-3(c) | Updated cross-reference from "LR 100-11" to "LR 5-13." |
LR 10-6 | In table, changed "10" to "ten" and "5" to "five." |
May 1, 2015 | |
LR 10-1 | Changed "at least 12-point font " to "no smaller than 12-point font" and removed "at least ten typed characters." |
LR 10-2 | Removed "on paper that is not numbered down the left margin." |
March 1, 2016 | |
LR 10-1(e) | Updated cross-reference from "Practice Tip below" to "LR 5-6." |
LR 10-1(g) | Text deleted from LR 10-1(g) and moved to LR 5-6. |
LR 10-1 Practice Tips | Text deleted from Practice Tip #2 and moved to LR 5-6. Practice Tip #3 renumbered #2. |
LR 10-2 | In the caption, replaced "Complaint form" with "Model Form for Pleadings and Other Documents." |
LR 10-2(a) | Added the words "(name, bar number, e-mail address, law firm, street address, phone number, and party represented)" after the word "information." |
LR 10-2(b) | Deleted the Example. |
LR 10-2(d) | Changed "four lines from the bottom of the" to "below the" in the first sentence. |
LR 10-2(d) Practice Tips | Deleted "and bold faced," "e.g.," and "PLAINTIFFS" from, and added "for example:" to Practice Tip #2. |
LR 10-2(f) |
Changed "Right" to "Starting at the center of the page, left" in the first sentence. Deleted the Example. |
LR 10-2(g) |
Deleted the Example. Added a new Practice Tip with the following text: "A Model Form for Pleadings and Other Documents may be found on the Court's website." |
LR 10-3(c) | Updated cross-reference from "LR 5-13" to "LR 5-14." |
LR 10-4(a) | Added "DEMAND FOR" and removed "REQUESTED" from the Example. |
LR 10-7 | Moved text from LR 84 to new LR 10-7. |
LR 10-7 Practice Tips | Moved text from LR 84 Practice Tips to new LR 10-7 Practice Tips. |
January 1, 2019 | |
LR 10-1(e) | Updated the cross-reference from "LR 5-6" to "LR 5-5." |
LR 10-2(a) | In Practice Tip 3, changed "(See LR 5-4(c) and LR 5-5)" to "(See LR5-4)." |
LR 10-3(c) | Updated the cross-reference from "LR 5-14" to "LR 5-13." |
January 21, 2020 |
|
LR 10-1(d) |
Inserted "Except for exhibits that are deposition transcripts, pleadings and other documents must not be numbered down the left margin." |
LR 10-1(e) |
Renumbered to LR 10-1(f)(2). |
LR 10-1(f) |
Renumbered to LR 10-1(e). Inserted new heading "Paper Filing Requirements." |
LR 10-1(f)(1). |
New subsection number. Inserted subheading "Paper Copies" and "Paper copies filed with the clerk must be on one-sided 8 ½" x 11" paper, flat and unfolded, without back or cover." |
LR 10-1(f)(2) |
New subsection number; renumbered from LR 10-(e). |
LR 10-3(c) |
Updated cross-reference from "LR 5-13" to "LR 5-12." |
September 3, 2024 | |
LR 10-2(a) |
Inserted "or Self-Represented Party" in the subheading. Inserted "or self-represented party" and "as applicable" in the body of the rule. |
LR 10-2 Practice Tips |
Replaced "pro se" with "self-represented." |
Documents containing the signature of a Non-Registered User are to be filed electronically with the signature represented by an "s/" and the name typed in the space where a signature would otherwise appear, or as a scanned image. (See LRs 5-12, 10-3.)
Documents requiring the signatures of more than one party must be electronically filed either by:
Amendment History to LR 11 | |
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June 1, 2002 | |
LR 11.2 | New rule was added and cross-referenced to the CM/ECF rule – LR 100.6. |
June 1, 2006 | |
Generally | Cross-references updated. Numeric expressions format modified; i.e. "ten (10)." |
LR 11.3(c)(2) | The word "That" stricken. |
December 1, 2009 | |
LR 11-1 | Former LR 11.1 and 11.3 deleted. New LR 11-1 relocated from LR 100.6. Word "Register" corrected to be "Registered." |
LR 11-1(d) | Three (3) days changed to seven (7) days. |
Generally | References to "conventional" filings deleted and replaced by "electronic" filing. |
March 1, 2014 | |
LR 11-1(d) | Omitted "(7)" after "seven." |
May 1, 2015 | |
LR 11-1(a) |
Changed "for purposes of the Federal Rules of Civil Procedure, the Local Rules of this Court" to "any purpose." |
January 1, 2019 | |
LR 11-1 | In the title, deleted "on Electronic Filings" after "Requirements. |
LR 11-1(a)-(b) | Deleted former LR 11-1(a) and (b). |
LR 11-1(c) | Relettered as LR 11-1(a). Added the cross-reference "(See LRs 5-13, 10-3.)" |
LR 11-1(d) | Relettered as LR 11-1(b). |
January 21, 2020 |
|
LR 11-1 |
Updated cross-reference from "LR 5-13" to "LR 5-12." |
A copy of the proposed amended or amended pleading that shows – through redlining, underlining, strikeouts, or other similarly effective methods – how the amended pleading differs from the operative or superseded pleading must be attached as an exhibit to:
Self-represented persons who are in custody are exempted from the exhibit requirement.
On entry of an order granting the motion to amend, the moving party must file and serve a complete clean copy of the amended pleading within 10 days.
Amendments by interlineation are allowed only by order of the Court.
Amendment History to LR 15 | |
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June 1, 2002 | |
LR 15.1 | Cross-reference to LR 10.2 is added, and the example has been modified. |
June 1, 2006 | |
LR 15-1(a) | Format example modified. The word "number" added. |
LR 15-1(d)(2) | The word "submitted" substituted for "tendered." |
LR 15-1(e) | The word "the" added. |
June 1, 2006 | |
LR 15-1(c) | Amended to remove requirement that party filing an amended or supplemental pleading without a motion must "describe the changes made." |
June 15, 2011 | |
LR 15-1(c) | Clerical correction pursuant to Standing Order 2001-6: Added the omitted words "for leave to file." |
March 1, 2014 | |
LR 15-1 | Removed the spaces surrounding the dashes. |
LR 15-1(d)(2) | Changed "Upon" to "On." |
January 3, 2023 | |
LR 15-1(a) | Changed subsection title from "Amended Document Title" to "General Requirements for Amended and Supplemental Pleadings." Moved rule to new subsection LR 15-1(a)(1)(A). |
LR 15-1(a)(1) | Inserted new subsection: "The document title must comply with the following requirements, as applicable:" |
LR 15-1(a)(1)(A) | Inserted new subsection: "Amended Pleading:" and inserted former rule LR 15-1(a), "The word AMENDED – and iteration number – must be include in the revised document title, e.g." and inserted a comma followed by "THIRD AMENDED COMPLAINT." |
LR 15-1(b) | Deleted. Rule moved to new subsection LR 15-1(a)(1)(B). |
LR 15-1(a)(1)(B) | New subsection. Added, "Supplemental Pleading:" followed by former LR 15-1(b), "The word SUPPLEMENTAL must be included in a supplemental document title." |
LR 15-1(c) | Deleted. |
LR 15-1(a)(2) | New subsection. Inserted "A motion for leave to file an amended or supplemental pleading must describe the proposed changes." |
LR 15-1(a)(3) | New subsection. Inserted "An amended or supplemental pleading may not incorporate by reference any part of the prior pleading, including exhibits." |
LR 15-1(d) | Renumbered to LR 15-1(b). |
LR 15-1(b) |
New subsection number from LR 15-1(d). Amended subheading from "Exhibits to a Motion" to "Exhibit Requirements for Amended Pleadings:" and added "A copy of the proposed amended pleading or amended pleading that shows – through redlining, underlining, strikeouts, or other similarly effective methods – how the amended pleading differs from the operative or superseded pleading must be attached as an exhibit to" followed by a colon. Following LR 15-1(b)(1) and (2), inserted "Self-represented persons who are in custody are exempted from the exhibit requirement." |
LR 15-1(d)(1) | Renumbered to LR 15-1(b)(1). |
LR 15-1(b)(1) | New subsection number from LR 15-1(d)(1). Deleted "copy of the proposed amended pleading must be attached as an exhibit to any" between "A" and "motion" and added a semicolon follow by "or" at the end of the sentence. |
LR 15-1(d)(2) | Renumbered to LR 15-1(b)(2). |
LR 15-1(b)(2) | Renumbered from LR 15-1(d)(2). Deleted "On entry of an order granting the motion, the original amended pleading must be submitted to the clerk for filing" and inserted "An amended pleading filed as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1) or with written consent of the opposing parties under Fed. R. Civ. P. 15(a)(2). |
LR 15-1(d)(3) | Deleted. |
LR 15-1(c) | New subsection and rule. Inserted subtitle "Filing the Amended Pleading After Order Granting the Motion to Amend," followed by "On entry of an order granting the motion to amend, the moving party must file and serve a complete clean copy of the amended pleading within 10 days." |
LR 15-1(e) | Renumbered to LR 15-1(d). |
During the case initiation process:
The case will be randomly assigned to a judge in accordance with the Court's Case Management Plan and assigned a case number.
The Clerk's Office will issue "Consent to Jurisdiction by a Magistrate Judge and Designation of the Normal Appeal Route" forms and other information packets. (See "Consent to Jurisdiction by a Magistrate Judge" form.) In all cases seeking review of the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g), the Clerk's Office will not issue consent forms. (See LR 3-4(d).)
The Clerk's Office will issue summons and other appropriate process. (See LR 3-5(b).)
The Clerk's Office will issue a scheduling order as appropriate for the case. (See "Discovery and Pretrial Scheduling Order" form.)
Unless otherwise ordered by the Court:
Counsel for plaintiff(s) and for defendant(s), during or promptly after the conference of counsel for discovery planning referred to in LR 26-1, must contact the assigned judge's courtroom deputy and request a Rule 16(b) scheduling and planning conference.
At the Rule 16(b) scheduling and planning conference, counsel for the parties must have their calendars available and be prepared to discuss any of the issues enumerated in Fed. R. Civ. P. 16(b) and 16(c), including proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Order issued by the Court at the commencement of the action. Counsel must also be prepared to discuss the possible submission of trial exhibits electronically. (See LR 5-6(b).)
Notwithstanding anything in this or any other local rule, any party may ask for a conference under Fed. R. Civ. P. 16 at any time. This subsection applies to all civil cases, including those categories of cases mentioned in Fed. R. Civ. P. 26(a)(1)(B).
See sample " Sample Order Establishing the Trial and Pretrial Conference Dates and Procedures.pdf " for a type of order that may be used for the final pretrial conference held under Fed. R. Civ. P. 16(e). Requirements may vary depending on the nature of the case.
The initial case scheduling order establishes the time for completion of discovery. Unless otherwise directed by the Court, the following discovery related events must be completed by the completion of discovery date:
Unless provided by LR 16-2(b), objections to any court-imposed deadline must be raised by motion and must:
Unless otherwise directed by the Court or as provided in subsection (b) below, this rule applies to all civil cases filed in the district court.
The following classes of cases are presumed to be exempt from this rule:
Not later than 120 days from the initiation of a lawsuit, counsel for all parties (after conferring with their clients) must confer with all other attorneys of record and all unrepresented parties, to discuss whether the case would benefit from any private or court-sponsored ADR option.
Within 150 days of the initiation of a lawsuit, the parties must file a "Joint Alternative Dispute Resolution Report" form available on the Court's website at ord.uscourts.gov.
Unless ordered by the assigned judge, no stay of an action will take place during ADR. In addition, no scheduled dates for any required submission or proceeding, including trial, will be changed unless otherwise ordered by the assigned judge.
Any person selected as a mediator may be disqualified for bias or prejudice as provided in 28 U.S.C. § 144 and must be disqualified in any case in which such action would be required of a justice, judge, or Magistrate Judge governed by 28 U.S.C. § 455.
The parties may stipulate, subject to the approval of the Court, or the Court may order, that no pretrial order need be filed. Otherwise, the parties will prepare and sign a proposed pretrial order to be filed with the Court on or before the date ordered by the Court. The proposed order will also be submitted via e-mail per procedures described in LR 5-9(c).
If there is no court-approved stipulation or order dispensing with the need for a pretrial order, the parties will prepare a proposed order to frame the issues for trial. At a minimum, the pretrial order must contain:
Unless modified by the Court, the time for service and filing of the proposed pretrial order will be as follows:
The pretrial order amends the pleadings, and it, and any later order of the Court will control the subsequent course of action or proceedings as provided in Fed. R. Civ. P. 16.
Amendment History to LR 16 | |
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June 1, 2002 | |
LR 16.5 | New section (b) added. Original rule renumbered to (a). |
LR 16.7(a) | "preliminary" deleted from first sentence "...preliminary pretrial conference..." |
LR 16.7(c) | "preliminary" deleted from first sentence "...preliminary pretrial conference..." |
February 10, 2003 | |
LR 16.5 | Commentary added. |
June 1, 2006 | |
Generally | Added references to Appendix of Forms. Updated cross-references throughout. Numeric formats modified; i.e. "ten (10)." |
LR 16.1(a) | Text from subsection (b) moved to this section with subsequent subsections relettered. |
LR 16.1(b) | The words "..Consent to Jurisdiction by a U.S. ..." added. The word "consent" stricken. |
LR 16.1(d) | The words "..a scheduling order as appropriate for the case..." added. The words "Discovery and Pretrial Scheduling Order" deleted. |
LR 16.2 | Heading modified. |
LR 16.2(a) | The word "request" substituted for "schedule". The phrase beginning with .." and the assigned judge..." deleted. |
LR 16.2(b) | The words "initial court '' stricken and replaced with "Rule 16(b) scheduling and planning…" The words "discovery, Magistrate Judge consent" stricken and replaced with "of the issues enumerated." |
LR 16.2(c) | Commentary deleted. |
LR 16.2(d) | Subsection (d) added with subsequent sections relettered. |
LR 16.3 | The word "Imposed" substituted for the word "Established" in the heading. |
LR 16.4(h)(1)(b) | The word "including" substituted for the words "to include." |
LR 16.4(h)(2) | The words "he or she"" substituted for the word "they." |
LR 16.4(j) | The phrase "...provided by the clerk.." stricken. The word "calendar" stricken. |
LR 16.6(c)(3) | The word "All.." substituted for "If there are..." Remainder of sentence modified to make it grammatically correct. |
LR 16.6(c)(4) | The word "will" changed to "must" throughout. |
LR 16.7 | Deleted. |
December 1, 2009 | |
LR 16-2(a) and (b) | The word "shall" changed to "must." |
LR 16-2(c), (d), and (e) | Reference to Fed. R. Civ. P. 26(a)(1)(E) changed to 26(a)(1)(B), 16(d) changed to 16(e), and 16(c)(12) changed to 16(c)(2)(I). |
LR 16-3 | Title changed from "Objections to Court Imposed Deadlines" to "Motions to Change or Extend Court Imposed Deadlines." |
LR 16-3(a) | Header "Objections" changed to "Motions." |
LR 16-3(b) | Reference deleted to LR 6. |
LR 16-4(f)(1)(D) | Ten (10) days changed to fourteen (14) days. |
LR 16-6(c)(2) | Fifteen (15) days has been changed to fourteen (14) days. |
Generally | Cross-references updated and references to Appendix of Forms deleted. |
January 1, 2011 | |
LR 16-4(b) | Reduced the categories of cases presumed to be exempt from the Alternate Dispute Resolution ("ADR") rules. |
LR 16-4(d) | Added the location of the "Joint ADR Report" form on the Court's website. |
LR 16-4(e) | Clarified language in the rules regarding private ADR, the use of settlement judges, and Court-sponsored mediation. Reinforced the assigned judges' powers to refer a civil case to a non-binding summary trial, a mini-trial, an advisory jury proceeding, an arbitration, or any other form of ADR. |
LR 16-4(f) | Clarified the procedures for Court-sponsored mediation. |
LR 16-4(f)(5)(B) | Added requirement that representatives of the parties and their liability insurers attend the mediation and have settlement authority. |
LR 16-4(j) | Changed the reference from "volunteer mediators" to "Court-sponsored mediators." Added the following requirements in order for an applicant to become a Court-sponsored mediator: a minimum of twelve (12) hours of actual mediation experience and submit proof or a certificate of attendance for a minimum of thirty (30) hours of mediation training that includes such competencies as information gathering, effective communication, ethical concerns, the role of a mediator as a neutral third party, control of the mediation process, and problem analysis. |
LR 16-4(k) | New section regarding the disqualification of mediators. |
LR 16-5 | Moved to LR 16-4(e). |
LR 16-6 | Renumbered LR 16-5. |
June 15, 2011 | |
LR 16-4(k) | Clerical correction pursuant to Standing Order 2001-6: Changed 18 U.S.C. § 144 to 28 U.S.C. § 144. |
March 1, 2012 | |
LR 16-1(b) | Quotation marks added around form title clarified as "Consent to Jurisdiction by a Magistrate Judge and Designation of the Normal Appeal Route" title. |
LR 16-4(e)(2) | Addition of sentence, "The assigned judge will not conduct the settlement conference unless all the parties in the action jointly initiate a request that the assigned judge do so." |
LR 16-4(g)(1) and (g)(2) | The reference to "trial court" changed to "assigned judge." Removal of words "Unless waived in advance by the parties, or as otherwise authorized by the assigned judge" so that the sentence begins with "This privilege. . ." |
LR 16-5(a) | In second sentence, the word "lodged" was changed to "filed." The following new sentence has been added: "The proposed order will also be submitted via e-mail pursuant to procedures described in LR 5-1(g)." |
LR 16-5(c) | Title changed from "Service and Lodging of Pretrial Order" to "Service and Filing of Proposed Pretrial Order." In first sentence, the phrase "lodging of the pretrial order" has been changed to "filing of the proposed pretrial order." |
LR 16-5(c)(1) | The term "lodging" has been changed to "filing." |
LR 16-5(c)(4) | The term "lodge" has been changed to "file." |
March 1, 2013 | |
LR 16-1(a) – (d) | Amended to clarify the Court's actions during the "case initiation process" rather than at the time of the initial case filing as new civil cases are to be electronically filed. Added reference in section (c) to LR 3-5(b) that describes the issuance of summons electronically. |
LR 16-4 | Cross-reference in the rule title corrected from Fed. R. Civ. P. 16(c)(2)(i) to Fed. R. Civ. P. 16(c)(2)(I) . |
LR 16-4(d) | Amended to clean up the Court's Internet address and describe where readers may locate the "Joint ADR Report" form. |
LR 16-4(f)(2) | Rule amended to state that if the parties cannot agree upon a Court-sponsored mediator, each party must submit its list of three acceptable mediators to the assigned judge, who will then designate a mediator. |
LR 16-4(j)(3) | Added "Disciplinary sanctions may result in the rejection of an application to serve as a Court-sponsored mediator or termination of a Court-sponsored mediator's service." |
LR 16-5(a) | Changed reference to LR 5-1(g) within text of rule to LR 5-1(f). |
March 1, 2014 | |
LR 16-1 | In the caption, changed "Upon" to "On." |
LR 16-2(b) | Changed caption from "Calendaring" to "Conference" and added new second sentence: "Counsel must also be prepared to discuss the possible submission of trial exhibits electronically. (See LR 5-6(b).)" |
LR 16-2(c) | Changed "pursuant to" to "under." |
LR 16-2(d) | In the first sentence, changed "pursuant to" to "under," and in the second sentence, changed "upon" to "on." |
LR 16-2(e) | In (3), changed "pursuant" to "per," in (4), changed "prior to" to "before," and in (5), changed "pursuant to" to "under." |
LR 16-3(a) | Following the section heading "Motions," changed "Except as" to "Unless." In section (4), changed the word "upon" to "on." |
LR 16-4(a) | Changed the reference to "paragraph (b) below" to "subsection (b) below." |
LR 16-4(c) | Changed "one-hundred twenty (120)" to "120." |
LR 16-4(d) | Changed "one-hundred fifty (150)" to "150." |
LR 16-4(e)(3) | Changed "upon" to "on." |
LR 16-4(f)(1) | Changed "four (4)" to "four" in two instances. In the second sentence, changed "shall" to "must" and replaced "in the event that" with "if." |
LR 16-4(f)(2)(B) | Changed "fourteen (14)" to "14" and the word "upon" to "on." |
LR 16-4(f)(4) | In the second sentence, changed "prior to" to "before." |
LR 16-4(g)(1) | Changed "and/or" to "and." Changed "except as" to "unless." |
LR 16-4(g)(2) | Changed "pursuant to" to "under." |
LR 16-4(g)(3) | Changed "upon" to "on" in two instances. |
LR 16-4(h)(1) | Changed "seven (7)" to "seven." |
LR 16-4(h)(2) | Changed "seven (7)" to "seven." |
LR 16-4(j)(2) | Changed "eight (8)" to "eight." |
LR 16-4(j)(4) | Changed "twelve (12)" to "12" and "thirty (30)" to "30." |
LR 16-4(k) | Changed "shall" to "must." |
LR 16-5(a) | Updated cross-reference from "LR 5-1(f)" to "LR 5-10(c)." In the last sentence, changed "pursuant to" to "per." |
LR 16-5(c)(1) | Changed "thirty (30)" to "30." |
LR 16-5(c)(2) | Changed "fourteen (14)" to "14." |
March 1, 2016 | |
LR 16-2(b) | Updated cross-reference from "LR 5-6(b)" to "LR 5-7(b)." |
LR 16-5(a) | Updated cross-reference from "LR 5-10(c)" to "LR 5-11(c)." |
January 1, 2019 | |
LR 16-2(b) | Changed "(See LR 5-7(b).)" to "(See LR 5-6(b).)" |
LR 16-4(d) | After "ord.uscourts.gov," deleted the comma and the following phrase: "on the For Attorneys page, under Forms for Civil Cases on the Forms menu." |
LR 16-5(a) | Updated the cross-reference from "LR 5-11(c)" to "LR 5-10(c)." |
January 21, 2020 | |
LR 16-2(b) |
Updated cross-reference from "LR 5-6(b)" to "LR 5-5(b)." |
LR 16-5(a) |
Updated cross-reference from "LR 5-10(c)" to "LR 5-9(c)." |
December, 1 2020 | |
LR 16-2(b) |
Updated cross-reference from "LR 5-5(b)" to "LR 5-6(b)." |
June, 1 2023 | |
LR 16-4 | Replaced "Alternate" with "Alternative." |
LR 16-4(d) | Replaced "Alternate" with "Alternative." |
LR 16-4(e)(2) | Replaced "Request for a Settlement Judge" with "Judicial Settlement Conferences." |
LR 16-4(e)(2)(A) | Added subsection letter "(A)" and heading "Initiation by the Assigned Judge." Deleted ",on his/her own motion or at the request of the party," and "schedule a settlement conference before a judicial officer of this Court" and inserted "order the parties to participate in a judicial settlement conference with or without the consent of the parties." |
LR 16-4(e)(2)(B) | Added subsection letter "(B)" and heading "Joint Request by the Parties." Inserted "To request a judicial settlement conference, the parties may either (i) jointly ask the assigned judge to facilitate the assistance of another judge to conduct the settlement conference; or (ii) jointly approach a judge and ask if the judge is willing to conduct the settlement conference." Inserted "The parties are responsible for scheduling the settlement conference in accordance with the settlement judge's scheduling procedures." |
LR 16-4(e)(3) | Replaced "refer" with "order." |
LR 16-4(f)(4) | Deleted "After entry of the order of reference to mediation," and capitalized "T" in "the." |
LR 16-4(h) | Replaced "Proceedings After Failure to Achieve an ADR Settlement" with "Procedures at Conclusion of ADR Proceedings". |
September 3, 2024 | |
LR 16-1(b) | Added "In all cases seeking review of the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g), the Clerk's Office will not issue consent forms. (See LR 3-4(d).)" |
LR 16-4(h)(1) |
Replaced "pro se" with "self-represented." |
At the commencement of an action or upon initial appearance in defense of an action involving a party who is a minor or other person in need of protection within the meaning of Fed. R. Civ. P. 17(c) ("protected person"), the attorney or person commencing or defending the action on behalf of the protected person must attach as an exhibit to the complaint, petition, notice of removal, or responsive pleading a copy of the order or judgment of appointment for protected persons appearing through a fiduciary identified in Fed. R. Civ. P. 17(c)(1). For all other protected persons, the person or attorney commencing the action or defending the action on behalf of the protected person must, at the earliest opportunity, file a motion for appointment of a suitable guardian ad litem to act in the protected person's interests. Upon a showing of good cause, the assigned judge may dispense with the appointment of a guardian ad litem.
A guardian ad litem must be suitable to serve as a fiduciary. Suitability factors include, but are not limited to, the following:
A fiduciary acting on behalf of a protected person must:
No settlement offer, offer of judgment, or other compromise may be rejected or conditionally accepted without the informed prior authorization of the protected person's fiduciary and, if the fiduciary has been appointed under state law, with such court authorization as may be required under that law. Any settlement offer, offer of judgment, or other compromise must be communicated to the protected person when such communication can reasonably occur or when notice is required under applicable law. A conditionally accepted offer, offer of judgment, or other compromise is not effective or enforceable until approved by the assigned judge. Approval of a settlement, offer of judgment, or other compromise includes the analysis and approval of the proposed disposition of the gross settlement proceeds or property, including but not limited to approval of the reasonableness of proposed attorney fees, fiduciary fees, costs, expenses, lien resolutions, and structuring of a portion or all of the net settlement proceeds. Upon a showing that the state court administering the protected person's conservatorship or guardianship of the estate is in a better position to evaluate the settlement, offer of judgment, or other compromise under the totality of the protected person's circumstances, the assigned judge may by order allow the protected person to petition the state court for review and approval of the settlement, offer of judgment, or other compromise, and to submit the resulting state court order or judgment to the assigned judge for consideration.
Nothing in this rule forecloses the assigned judge from taking any other action necessary to protect the interests of the protected person, including appointment of a suitable guardian ad litem in addition to an existing fiduciary.
Amendment History to LR 17 | |
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June 1, 2023 | |
LR 17 | New Rule. |
The words CLASS ACTION ALLEGATION must be included on the first line of any document proposing or seeking to maintain a class action.
Example | CLASS ACTION ALLEGATION COMPLAINT Product Liability Action (28 U.S.C. § 1332) DEMAND FOR JURY TRIAL |
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The filing party must also explain in separately titled and numbered paragraphs within the body of the document:
Amendment History to LR 23 | |
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June 1, 2002 | |
LR 23.1 | Filed by line removed from example. |
June 1, 2006 | |
LR 23.1 | Format example modified. |
December 1, 2009 | |
LR 23-1 | "Demand for Jury Trial" capitalized. |
March 1, 2014 | |
LR 23-2(2) | Removed the words "the provisions of" after "under." |
LR 23-2(3) | Changed "upon" to "on." |
Unless exempted under Fed. R. Civ. P. 26(a)(1)(B) or otherwise ordered by the Court:
Unless otherwise ordered by the Court, parties who agree to forgo the disclosures required by Fed. R. Civ. P. 26(a)(1) can do so using the form issued at the time of filing. (See Fed. R. Civ. P. 26(a)(1) and "Discovery Agreement" form.)
The document title must substantially comply with the following format:
Example 1 | PLAINTIFF JOHN SMITH'S MOTION TO COMPEL |
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Example 2 | DEFENDANT ABC CORPORATION'S RESPONSE TO PLAINTIFF JOHN SMITH'S MOTION TO COMPEL PRODUCTION |
Without prior Court approval, memorandum may not exceed 10 pages, exclusive of exhibits, unless the memorandum complies with LR 26-3(b)(1) and (2):
Unless otherwise directed by the Court, a movant may not file a reply supporting a discovery motion.
Parties encountering a discovery problem may telephone the assigned judge to set up a telephone conference to help resolve the issue(s). If the assigned judge is unavailable, the Court will attempt to have the telephone conference handled by another judge.
The Court will deny any discovery motion that does not contain the certification required by LR 7-1(a).
Practice Tip |
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If the judge included a requirement under Fed. R. Civ. P. 16(b)(3)(B)(v) to require a court conference before filing a motion to compel, the moving party must request this conference with the Court by contacting the judge's courtroom deputy. |
A party or person asserting there is good cause for the Court to make an order that would limit access to discovery materials not filed with the Court, or would authorize a party or person to file any materials with the Court restricted to case participants pursuant to a protective order, must show with respect to each particular material or category of materials that specific prejudice or harm will result if no order is granted. The showing must be sufficiently detailed to permit the Court in its good cause examination to identify specific factors supporting entry of the order sought. Where the order sought would authorize a party to file materials restricted to case participants pursuant to a protective order, the showing also must articulate why, as an alternative to filing under a protective order, the information sought to be protected could not be redacted. Broad allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not satisfy the requirements of this rule. The showing must be made even if the other party stipulates to the entry of the order.
Proposed protective orders must include language that:
When a previous court order authorizes the filing of a document or other materials restricted to case participants pursuant to a protective order, Registered Users are required to file electronically the document in the manner and process described in the CM/ECF User Manual available on the Court's website. Remote, electronic access to the documents is allowed in a manner that is consistent with the terms of the protective order, or as otherwise ordered by the Court. The CM/ECF User Manual describes how Registered Users may access these documents electronically. LR 5-8 requires the filing party to provide a judge's copy of any qualifying electronically filed document. (See LR 5-2(e) for filing sealed documents.)
Practice Tip |
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Issues related to protective orders are handled under Fed. R. Civ. P. 26(c). Relevant case law includes Foltz v. State Farm Mut. Ins. Co., 331 F.3d 1122 (9th Cir. 2003), Kamakana v. United States, 447 F.3d 1172 (9th Cir. 2006), and Phillips v. Byrd, 307 F.3d 1206 (9th Cir. 2002). Parties may amend or supplement the form order as necessary to meet the specific needs of their case, e.g., to address issues regarding the Privacy Act, 5 U.S.C. Sec. 552a. (See Forms of Protective Order.) Two forms of proposed Protective Orders are available on the Court's website at ord.uscourts.gov. The forms of proposed Protective Orders exempt a party from the duty to stamp each page of confidential material with a confidentiality designation when it is not practical to do so. This exemption is intended to provide some flexibility for designating material that cannot be stamped, such as electronically stored information. It will rarely, if ever, apply to traditional paper documents. |
Failure to object to a discovery request within the time permitted by the Federal Rules of Civil Procedure, or within the time to which the parties have agreed, constitutes a waiver of any objection.
By making a timely objection, a party may preserve its privilege or its protection against production of attorney work product or trial preparation material without simultaneously providing a "privilege log" or a description of the claims of privilege or work product required by Fed. R. Civ. P. 26(b)(5). However, such a "privilege log" or description of the claims of privilege or work product required by Fed. R. Civ. P. 26(b)(5) must be provided within a reasonable time after service of timely objections to a discovery request.
The Model Order Regarding E-Discovery in Patent Cases governs in all cases in which a claim of patent infringement is asserted. The Court may enter a specific order adopting the Model Order verbatim or tailored for a specific case. Absent a specific order, the Model Order applies in patent cases. The Model Order is available on the Court's website at ord.uscourts.gov.
Practice Tip |
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Use care when dealing with hybrid fact and expert witnesses, and in deciding whether to make the disclosures required by Fed. R. Civ. P. 26(a)(2)(B) for "reporting experts" or the more limited disclosures required by Fed. R. Civ. P. 26(a)(2)(C) for "non-reporting experts." In deciding whether a written report is required, the cases often examine how the witness's opinion was formed. For example, factors can include whether a treating physician formed her opinions during the course of treatment, whether she reviewed information provided by an attorney that had not been reviewed during the course of treatment, or whether the opinions went beyond the usual scope of a treating physician's testimony. Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817, 819-20, 826 (9th Cir. 2011). One opinion in this District, under the facts of that case, stated that when experts are designated as non-reporting experts, the designation "serves to waive all applicable privileges and protections for items they considered that relate to the topic of their testimony," i.e., "the subject of their expert opinions." Pacificorp v. N.W. Pipeline GP, 879 F. Supp.2d 1171, 1213-14 (D. Or. 2012) (the opinion describes the witnesses as "non-retained experts"). Another court in the Ninth Circuit "decline[d] to hold that designating an individual as a non-reporting expert witness waives otherwise applicable privileges and protections in all cases, or even for all cases involving non-reporting employee expert witnesses," but the court did find a waiver in that "particular factual scenario." United States v. Sierra Pac. Indus., No. CIV S–09–2445 KJM EFB, 2011 WL 2119078, at *10 (E.D. Cal. May 26, 2011). |
Amendment History to LR 26 | |
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December 1, 2000 | |
LR 26.1 & LR 26.2 | Revised and amended to conform with amendments to Fed. R. Civ. P. 26. |
June 1, 2002 | |
LR 26.4(b) | Cross-reference to LR 5.2 updated. |
LR 26.5(a) | Cross-reference to LR 10.2 added. |
LR 26.5(c) | Cross-reference to LR 7.1 removed. The word "may" substituted for "must." |
June 1, 2006 | |
Generally | Cross-references updated. Appendix of Forms numbers updated. Format examples modified. |
LR 26.2(b) | Text and Practice Tip deleted. Commentary added. |
LR 26.3 | The phrase "preliminary pretrial . . ." deleted; " and the words "Rule 16" added. |
LR 26.4(a) | The words "the Rule 16" substituted for the words "a pretrial." |
LR 26.5(a) | "The document . . . ." sentence added. |
LR 26.5(b) | The word "Briefs" deleted and replaced with the word "memoranda." |
LR 26.5(d) | New Rule with subsequent sections relettered. |
LR 26.5(f) | Text of LR 16.2 moved to this rule. |
LR 26.6 | New rule and Practice Tip. |
LR 26.7 | New Rule in light of Burlington Northern & Santa Fe Ry. Co. v U.S. Dist. Court for Dist. of Montana, 408 F3d 1142 (9th Cir. 2005). |
December 1, 2009 | |
LR 26-2 | Commentary #3 deleted. |
LR 26.3 & 26.4 | Former LR 26.3 & 26.4 deleted with subsequent rules renumbered. |
Generally | Cross-references updated and reference to Appendix of Forms deleted. |
January 1, 2011 | |
LR 26-1 | Addition of a Practice Tip for parties to address the items listed on Form 52 from the Federal Rules of Civil Procedure, Appendix of Forms, when reporting on the initial conference to the Court. |
March 1, 2012 | |
LR 26-3(b) now LR 26-3(b)(1) and (2) | Modified section to include an alternate word-count limitation of no more than 3,000 words. Headings, footnotes, and quotations count toward this limitation. The caption, table of authorities, signature block, and any certificates of counsel do not count toward this limitation. Included requirement of a Certificate of Compliance by the attorney, or unrepresented party, that the memorandum complies with the word-count limitation. |
LR 26-4 | Updated the cross-reference in the title from LR 3-8 to LR 3-7. In fourth sentence, comma added after "reasoning." The word "does" has been changed to "do." Commentary changed to Practice Tip and original text removed. Practice Tip added with reference to new form "Stipulated Protective Order." |
March 1, 2013 | |
LR 26 | Title change from "General Discovery Provisions" to "Discovery." |
LR 26-3(b) | Title of the rule modified to show preference to word-count rather than page-count, and the rule amended to clarify that the certificate of compliance with the word-count limitation is necessary when the page-count limitation is exceeded, and that the count (also) excludes exhibits. The rule was also simplified to note that the certificate be as provided in LR 7-2(b). |
LR 26-6 | New rule for E-Discovery in Patent Cases. |
LR 26-7 | New rule for Initial Discovery Protocols for Employment Cases Alleging Adverse Action. |
March 1, 2014 | |
LR 26-1 | Changed "thirty (30)" to "30." |
LR 26-3(b) | Changed "10" to "ten," and inserted "the" before "memorandum." |
LR 26-3(e) | Modified the rule references from "See LR 7-1(e) and LR 7-1(f)" to "See LR 7-1(d) and LR 7-1(e)(4)." |
LR 26-6 | In the first sentence, removed the word "shall" and changed "govern" to be "governs." |
LR 26-7(a)(2) | Changed first instance of "FRCP" to "Federal Rules of Civil Procedure" and second instance of "FRCP" to "Fed. R. Civ. P." |
LR 26-7(a)(3)(B) | Changed "FRCP" to "Fed. R. Civ. P." |
LR 26-7(a)(4)(B) | Changed "FRCP" to "Fed. R. Civ. P." |
LR 26-7(a)(4)(C) | Changed "shall" to "must." |
LR 26-7(a)(4)(D) and (E) | Changed "FRCP" to "Fed. R. Civ. P." |
LR 26-7(b)(1) | Changed "shall" to "must." |
LR 26-7(b)(2)(H) | Changed "shall" to "must." |
LR 26-7(c)(1) | Changed "shall" to "must." |
May 1, 2015 | |
LR 26-1 | Rewritten to address discovery of electronically stored information. |
March 1, 2016 | |
LR 26-1(2)(C) | Changed "outweighs the likely benefit or is not" to "is," and added "under Fed. R. Civ. P. 26(b)(1)" to the end of the third sentence. |
LR 26-1(2)(D) |
In the middle of the first sentence, added the word "discoverable" after "of." At the end of the first sentence, added a comma after "ESI" and the following text thereafter: "including consideration of how the proposed scope and search protocols are proportional to the needs of the case under Fed. R. Civ. P. 26(b)(1)." |
LR 26-1(3) | Deleted in light of the amendments to Fed. R. Civ. P. 26(d)(2) and 34(b)(2)(A). |
LR 26-1(4) | Deleted in light of the amendments to Fed. R. Civ. P. 26(d)(2) and 34(b)(2)(A). |
LR 26-1 Practice Tip | Deleted in light of the amendments to Fed. R. Civ. P. 26(d)(2) and 34(b)(2)(A). |
LR 26-3(a) | Added "1" to the first Example. |
LR 26-3(f) | In the caption, deleted "Telephone" and added "with the Court." |
LR 26-3(g) | Added new subsection with the following text: "The Court will deny any discovery motion that does not contain the certification required by LR 7-1(a)." |
LR 26-3 Practice Tip |
Added new Practice Tip with the following text: "If the assigned judge included a requirement under Fed. R. Civ. P. 16(b)(3)(B)(v) to require a court status conference before filing a motion to compel, the moving party must request this conference with the Court by contacting the assigned judge's courtroom deputy." |
LR 26-4 |
Added new subjection (a) above the rule text, with the following title: "Standards for Issuance of Protective Orders." Moved text from LR 3-7(a) to new LR 26-4(b). Moved text from LR 3-7(b) to new LR 26-4(c), and added the following language: "Documents that are not filed electronically must be filed in compliance with LR 5-5." |
LR 26-4 Practice Tip | Moved text from LR 3-7 Practice Tip to LR 26-4 Practice Tip. |
LR 26-8 | New Practice Tip. |
March 1, 2017 | |
LR 26-4 | Deleted "and LR 3-7" from heading after "Fed. R. Civ. P. 26(c)." |
LR 26-4(c) | In the heading, added "Filing" before "Documents" and replaced "Filed Under a" with "Pursuant to an Existing." In the first sentence of the rule text, deleted "by a Registered User" after "filing," replaced "the filing party is to" with "Registered Users are required to" before "file," and added "electronically" after "file." Added "available on the Court's website" after "Manual." In the second sentence, added "the" after "to" and deleted "in support of a protective order" after "documents." Deleted "Documents that are not filed electronically must be filed in compliance with LR 5-5." Added a new fourth sentence: "The CM/ECF User Manual describes how Registered Users may access these documents electronically." Added new fifth and sixth sentences: "LR 5-10 requires the filing party to provide a judge's copy of any qualifying electronically filed document. (See LR 3-7 for documents sealed by an order other than a protective order.)" |
LR 26-6 | Replaced "on the For Attorneys page, under the Forms tab, and Forms in Civil Cases menu" with "at ord.uscourts.gov." |
January 1, 2019 | |
LR 26-4(c) | In the fourth sentence, updated the cross-reference from "LR 5-10" to "LR 5-9." |
LR 26-4 Practice Tip | Replaced "on the For Attorneys page, under the Forms tab, and Forms in Civil Cases menu" with "at ord.uscourts.gov." |
December 1, 2020 |
|
LR 26-4(a) |
Replaced "under seal" with "restricted to case participants pursuant to a protective order" in first and third sentences. Replaced "seal" with "a protective order" in the third sentence. |
LR 26-4(c) |
Replaced "under seal" with "restricted to case participants" in the first sentence. In parentheses, replaced "3-7" with "5-2(e)" and added "filing sealed" between "for" and "documents;" deleted "sealed by an order other than a protective order" after "documents." |
Unless otherwise requested by a party, a motion to perpetuate testimony pending an appeal will be processed as a discovery motion pursuant to LR 26-3.
The requirements of LR 30 apply to depositions conducted under LR 27.
Amendment History to LR 27 | |
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December 1, 2009 | |
Generally | Cross-references updated. |
LR 27-1 | Former LR 27.1(b) deleted as a rule without a rule and subsections (1)(a) and (b) renumbered. |
March 1, 2012 | |
LR 27-2 | The phrase "motions to perpetuate testimony" has been changed to "a motion to perpetuate testimony." |
March 1, 2014 | |
LR 27-1(a), (b) | Replaced "clerk's office" with "Clerk's Office." |
Practice Tip |
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Taking a deposition of an uncooperative witness in a foreign country may be complicated. See Williams, Taking Depositions Abroad, Los Angeles Lawyer 10 (December 2005), located by searching the Los Angeles County Bar Association website at www.lacba.org. The text of the "Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters" and a "Model for Letters of Request" can be found on the Hague Conference on Private International Law website. Important information about the Hague Convention, the preparation of letters rogatory with samples, and country specific information is also published on the U.S. State Department website at http://travel.state.gov on the Law & Policy page, under the Judicial Assistance menu. Additional important information can be found in the State Department's Foreign Affairs Manual, particularly 7 FAM 920 ("Taking Voluntary Depositions of Willing Witnesses") and 930 ("Compulsion of Evidence"), available on the U.S. Department of State’s website at www.state.gov. |
Amendment History to LR 28 | |
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March 1, 2013 | |
LR 28 | New rule consisting of a Practice Tip that endorses resources to assist attorneys in taking depositions in a foreign country and preparing letters rogatory. |
March 1, 2014 | |
LR 28 | Rewritten to clarify how to locate referenced online materials. |
January 21, 2020 |
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LR 26-4(c) |
Updated cross-reference from "LR 5-9" to "LR 5-8." |
Unless the Court orders otherwise, the parties alone may not stipulate to extend any:
Amendment History to LR 29 | |
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June 1, 2006 | |
LR 29.1(b) | New rule with subsequent sections relettered. |
LR 29.1(c) | The words "telephone" and "date" stricken. |
LR 29.2 | Deleted. |
March 1, 2012 | |
LR 29-1 | Semicolons added for format consistency. |
LR 29-1(d) | The phrase "Pretrial order lodging date" has been changed to "Proposed pretrial order filing date." |
March 1, 2014 | |
LR 29 | Rule title amended to match the federal rule and sentence modified to clarify the scope of the rule. |
Unless directed by the Court, deposition transcripts will not be filed with the Court. Instead, they will be maintained by counsel and made available to parties in accordance with Fed. R. Civ. P. 30(b). Deposition transcripts presented for filing without approval will be returned to the offering party.
This rule does not preclude the use of deposition transcripts as exhibits or evidence in support of a motion, or for introduction and use at trial.
With leave of court during the pendency of a civil action, any person may obtain a copy of a deposition transcript not on file provided they:
Except for good cause, counsel will not serve a notice of deposition until they have made a good faith effort to confer with all counsel regarding a mutually convenient date, time, and place for the deposition.
Counsel present at a deposition will not engage in any conduct that would not otherwise be allowed in the presence of a judge.
There should be no argument in response to an objection or an instruction not to answer.
If a question is pending, it must be answered before a recess is taken unless the question involves a matter of privacy right, privilege, or an area protected by the constitution, statute, or work product.
Amendment History to LR 30 | |
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December 1, 2009 | |
LR 30-1 & LR 30-6 | Corrected text to insert the (missing) word Court. |
LR 30-4 | Changed the reference from Fed. R. Civ. P. 30(d)(1) to 30(c)(2). |
LR 30-5 | Grammatical error corrected. |
LR 30-6 | Changed the reference from Fed. R. Civ. P. 30(d)(3) to 30(d). |
LR 30.7 | Removed as a rule without a rule. |
LR 30.8 | Removed as being inconsistent with Fed. R. Civ. P. 26(b)(4). |
Generally | Cross-references updated. |
March 1, 2012 | |
LR 30-1(a) | In first and second sentences, "depositions" has been changed to "deposition transcripts." |
LR 30-1(c) | In line 1, the term "transcript" has been added following the word "deposition." |
LR 30-1(c)(3) | The term "transcript" has been added following "deposition." |
LR 30-3 | "Counsel to a deposition" has been changed to "Counsel present at a deposition." |
March 1, 2014 | |
LR 30-1 | Updated cross-reference from "LR 5-2" to "LR 5-10." |
LR 30-6 | Changed "which" to "that." |
March 1, 2016 | |
LR 30-1(a) | Updated cross-reference from "LR 5-10" to "LR 5-11." |
January 1, 2019 | |
LR 30-1(a) | In the title, updated the cross-reference from "LR 5-11" to "LR 5-10." |
January 21, 2020 |
|
LR 30-1(a) |
Updated cross-reference from "LR 5-10" to "LR 5-9." |
Unless directed by the Court, interrogatories, objections, and answers will not be filed with the Court. Instead they will be maintained by counsel and made available to parties upon request. Interrogatories presented for filing without Court approval will be returned to the offering party. To facilitate responding, a courtesy copy of the interrogatories must be e-mailed concurrently pursuant to LR 5-9(b).
This rule does not preclude the use of interrogatories and answers as exhibits or evidence in support of a motion or at trial.
Each interrogatory must state in concise language the information requested. In no case may an interrogatory refer to a definition not contained within the interrogatory or the preamble. Only terms actually used in a set of interrogatories may be defined.
Broad general interrogatories, such as those that ask an opposing party to "state all facts on which a claim or defense is based" or to "apply law to facts," are not permitted.
Practice Tip |
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The word "contention" has been eliminated to clarify that it is not prohibited per se to inquire what another party is contending, although overly broad general interrogatories are prohibited. See, e.g., Equal Emp’t Opportunity Comm'n v. U.S. Bakery, No. CV 03-64-HA, 2003 U.S. Dist. LEXIS 25529, 2003 WL 23538023, at *6-7 (D. Or. Nov. 20, 1993). |
Motions to compel must set forth only the pertinent interrogatory question, objection, and legal arguments.
The Court will deny any motion to compel that does not contain the certification requirements mandated by LR 7-1(a).
Amendment History to LR 33 | |
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June 1, 2006 | |
Generally | Cross-references added and updated. |
LR 33.1(a) | The first sentence divided into two sentences. "Interrogatories shall be served..." added. |
LR 33.1(b) | The words "for introduction" stricken. |
LR 33.3 | Renumbered to LR 33.4. |
LR 33.4 | Renumbered to LR 33.3 and text deleted. |
LR 33.5 | The words "With Order Compelling Answers" added to the heading. |
December 1, 2009 | |
LR 33-1(a) | Removed the language that interrogatories shall be served pursuant to Fed. R. Civ. P. 5 and inserted text, "To facilitate responding, a courtesy copy of the interrogatories must be e-mailed concurrently...." The word "will" substituted for "shall." |
LR 33.3 | Removed as a rule without a rule. Subsequent rules renumbered accordingly. |
LR 33.5 | Removed as a rule without a rule. |
March 1, 2014 | |
LR 33-1(a) | In the caption, updated cross-reference from "LR 5-2" to LR "5-10." In the rule text, updated cross-reference from "LR 5-2(b)" to "LR 5-10(b)." |
LR 33-1(d) | Changed "which" to "that" and"contention" to "claim or defense." |
LR 33-1(d) Practice Tip | New Practice Tip. |
March 1, 2016 | |
LR 33-1(a) | In the caption, updated cross-reference from "LR 5-10" to "LR 5-11." In the rule text, updated cross-reference from "LR 5-10(b)" to "LR 5-11(b)." |
LR 33-1 Practice Tip | Changed "EEOC v. United States Bakery" to "Equal Emp’t Opportunity Comm'n v. U.S. Bakery." |
January 1. 2019 | |
LR 33-1(a) | In the title, updated the cross-reference from "LR 5-11" to "LR 5-10." In the rule text, updated the cross-reference from "LR 5-11(b)" to "LR 5-10(b)." |
January 21, 2020 |
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LR 33-1(a) |
After "See," updated reference from "LR 5-10" to "LR 5-9." After "pursuant to" updated reference from "LR 5-10(b)" to "LR 5-9(b)." |
Unless directed by the Court, requests for production will not be filed with the Court. Instead they will be maintained by counsel and made available to parties upon request. Requests for production presented for filing without Court approval will be returned to the offering party. To facilitate responding, a courtesy copy of the requests for production must be e-mailed concurrently pursuant to LR 5-9(b).
This rule does not preclude the use of requests for production and responses as exhibits or evidence in support of a motion, or at trial, subject to appropriate rules of evidence.
Each request must state in concise language the information requested. In no case may a request refer to a definition not contained within the request or the preamble. Only terms actually used in the request for production may be defined.
Amendment History to LR 34 | |
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June 1, 2006 | |
LR 34.1(a) | The first sentence divided into two sentences. The sentence "Requests for production shall be served . . . ." added. |
LR 34.1(b) | The words "for introduction" stricken. |
LR 34.3 | Cross-reference to LR 26.7 added and text deleted. |
LR 34.5 | The words "With Order Compelling Production" added to heading. Cross-reference updated. |
December 1, 2009 | |
LR 34-1(a) | Removed the language that requests for production "shall be served pursuant to Fed. R. Civ. P. 5" and inserted text, "To facilitate responding, a courtesy copy of the interrogatories must be e-mailed concurrently...." The word "will" substituted for "shall." |
LR 34-2 | Corrected Fed. R. Civ. P. 34(b) reference to 34(b)(2). |
LR 34.3 | Removed as a rule without a rule. |
LR 34.4 | Removed as a rule without a rule. |
LR 34.5 | Removed as a rule without a rule. |
March 1, 2014 | |
LR 34-1 | In the caption, updated cross-reference from "LR 5-2" to "LR 5-10." In the rule text, updated cross-reference from "LR 5-2(b)" to "LR 5-10(b)." |
March 1, 2016 | |
LR 34-1(a) | In the caption, updated cross-reference from "LR 5-10" to "LR 5-11." In the rule text, updated cross-reference from "LR 5-10(b)" to "LR 5-11(b)." |
LR 34-2(a) | Deleted the second sentence. |
January 1, 2019 | |
LR 34-1(a) | In the title, updated the cross-reference from "LR 5-11" to "LR 5-10." In the rule text, updated the cross-reference from "LR 5-11(b)" to "LR 5-10(b)." |
January 21, 2020 | |
LR 34-1(a) |
In the title, updated the cross-reference from "LR 5-10" to "LR 5-9." In the rule text, updated the cross-reference from "LR 5-10(b)" to "LR 5-9(b)." |
Unless directed by the Court, requests for admission will not be filed with the Court. Instead they will be maintained by counsel and made available to parties upon request. Requests for admission presented for filing without Court approval will be returned to the offering party. To facilitate responding, a courtesy copy of the requests for admission must be e-mailed concurrently pursuant to LR 5-9(b).
This rule does not preclude the use of requests for admission and responses as exhibits or evidence in support of a motion or at trial.
Each request must state in concise language the admission requested. In no case may a request for admission refer to a definition not contained within the request for admission or preamble. Only terms actually used in the request for admission may be defined.
Every response, denial, or objection must set forth each request in full, followed by the admission, denial, or objection.
Amendment History to LR 36 | |
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June 1, 2006 | |
LR 36.1(a) | The first sentence divided into two sentences. "Requests for admissions shall be served . . . ." added. |
LR 36.1(b) | The words "for introduction" stricken. |
LR 36.3 | New Rule adding Waiver of Objections and cross-reference to LR 26.7. Motions to Compel re-numbered to LR 36.4. |
LR 36.5 | The words "With Order Compelling Response to Request for Admissions" added to heading. |
December 1, 2009 | |
LR 36-1(a) | Text change to last sentence, from "Requests for admission shall be served pursuant to Fed. R. Civ. P. 5...." to "To facilitate responding, a courtesy copy of the requests for admission must be e-mailed concurrently...." The word "will" substituted for "shall." |
LR 36.3 | Removed as a rule without a rule. |
LR 36.4 | Removed as a rule without a rule. |
LR 36.5 | Removed as a rule without a rule. |
March 1, 2014 | |
LR 36-1(a) | In the caption, updated cross-reference from "LR 5-2" to "LR 5-2." In the rule text, updated cross-reference from "LR 5-2(b)" to "LR 5-10(b)." |
March 1, 2016 | |
LR 36-1(a) | In the caption, updated cross-reference from "LR 5-10" to "LR 5-11." In the rule text, updated cross-reference from "LR 5-10(b)" to "LR 5-11(b)." |
LR 36-2 | Deleted the second sentence. |
January 1, 2019 | |
LR 36-1(a) | In the title, updated the cross-reference from "LR 5-11" to "LR 5-10." In the rule text, updated the cross-reference from "LR 5-11(b)" to "LR 5-10(b)." |
January 21, 2020 | |
LR 36-1(a) |
In the title, updated the cross-reference from "LR 5-10" to "LR 5-9." In the rule text, updated the cross-reference from "LR 5-10(b)" to "LR 5-9(b)." |
Motions for an order compelling an answer, designation, production, or inspection must provide only the pertinent interrogatory, question, request, or notice of deposition, including any pertinent responses and/or objections, together with the legal arguments of the party. The requirements in LR 26-3 related to the motion title, word-count or page limits, replies, calendaring, pre-filing conferences, and certificates of conferral apply to motions to compel.
Unless otherwise directed by the Court, the party against whom an order to compel has been entered must comply with the order within 14 days after the date of entry of the order.
Amendment History to LR 37 | |
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June 1, 2006 | |
LR 37.1 | Rule deleted as already addressed in LR 7.1(a). Subsequent rules renumbered. |
LR 37.1 | Cross-reference to LR 7.3 added. The words "comply with LR 26.5 . . ." added. The words "in conformity . . ." deleted. |
LR 37.2 | The words "eleven (11)" substituted for "seven." The phrase "the date of entry . . ." substituted for "receipt." |
December 1, 2009 | |
LR 37-1(b) | New subsection to require compliance with LR 7-1(a). |
LR 37-2 | Time limit changed from "eleven (11)" days to "fourteen (14)" days. |
March 1, 2014 | |
LR 37-2 | Changed "fourteen (14)" to "14." |
March 1, 2016 | |
LR 37-1 | Deleted the word "Motion" and the cross-reference to LR 7. |
LR 37-1(a) | Deleted the heading and rule text, and added the following language to conform more closely with amended Fed. R. Civ. P. 37(a)(3)(B): "Motions for an order compelling an answer, designation, production, or inspection must provide only the pertinent interrogatory, question, request, or notice of deposition, including any pertinent responses and/or objections, together with the legal arguments of the party. The requirements in LR 26-3 related to the motion title, word-count or page limits, replies, calendaring, pre-filing conferences, and certificates of conferral apply to motions to compel." |
LR 37-1(b) | Deleted the heading and rule text. |
The words DEMAND FOR JURY TRIAL must be included on the last line of the document title of any jury demand instrument filed pursuant to Fed. R. Civ. P. 38(b).
Example | ANSWER by ABC Corporation, Inc. and DEMAND FOR JURY TRIAL |
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Amendment History to LR 38 | |
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December 1, 2009 | |
LR 38 Title | Changed from Jury Trial of Right to Right to a Jury Trial. |
LR 38-1 | Subsection (b) removed. |
LR 38.2 | Removed as a rule without a rule. |
LR 38.3 | Removed as a rule without a rule. |
LR 38.4 | Removed as a rule without a rule. |
LR 38.5 | Removed as a rule without a rule. |
LR 38.6 | Removed as a rule without a rule. |
The judge to whom a case is assigned will schedule trial (1) without request of the parties, or (2) upon request of a party and notice to the other parties.
Amendment History to LR 40 | |
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December 1, 2009 | |
LR 40 | New Rule. |
March 1, 2014 | |
LR 40-1 | Replaced "Setting a case for trial is the responsibility of the judge to whom the case is assigned and may be made" with "The judge to whom a case is assigned will schedule trial." |
Immediately upon reaching substantial agreement about the terms and conditions of a settlement, plaintiff's counsel must notify the courtroom deputy clerk for the assigned judge of the impending settlement.
If the Court finds that the parties failed to notify the trial judge's courtroom deputy clerk and the trial judge of the settlement not later than 3:00 p.m. of the business day preceding the day the trial is to commence and that the parties had the opportunity to do so, the Court may assess the costs of summoning and paying prospective jurors on one or more of the parties.
Upon notice of settlement pursuant to LR 41-1(a), the Court may direct the clerk to dismiss the case with prejudice (unless otherwise specified) and without costs, and with rights to any party to reopen the case in the event of a failure to consummate the final settlement agreement within 60 days.
The Court may notice for hearing any action or proceeding which does not appear to be diligently prosecuted.
Not later than seven days prior to the hearing date, each party will file and serve a statement describing:
Nothing in this rule will preclude any party from filing a motion to dismiss an action or proceeding for failure to prosecute under Fed. R. Civ. P. 41.
Amendment History to LR 41 | |
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December 1, 2009 | |
LR 41-1(a) | The word "telephone" changed to "notify." The phrase "to notify the Court" deleted. |
LR 41-2(b) | Period of five (5) days changed to seven (7) days. |
LR 41-1(b) | Former LR 47.1(b). |
March 1, 2012 | |
LR 41-1(b) | The word "judges" changed to "judge's" and the comma omitted after the word "commence." |
March 1, 2013 | |
LR 41-1(c) | Amended to state that the Court "may" (rather than "will") direct dismissal with prejudice upon notice of settlement "unless otherwise specified." |
March 1, 2014 | |
LR 41-1(c) | Changed "sixty (60)" to "60." |
LR 41-2(b) | Changed "seven (7)" to "seven," and "pm" to "p.m." |
Unless otherwise directed by the Court, consolidation and case management of complex or related cases are governed by the principles set forth in The Manual for Complex Litigation (4th ed. 2004).
Practice Tip |
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This manual is published by The Federal Judicial Center and may be purchased from the U.S. Government Printing Office: 1995 - 395 - 123 / 30538, and also available from other sources, including Mathew Bender, West, and the Internet (www.fjc.gov). |
It is the responsibility of counsel to identify complex or related cases and to bring the matter promptly to the attention of the Court.
For good cause shown and consistent with Fed. R. Civ. P. 42, any party may file and serve a motion to consolidate, or oppose consolidation, or for a separate trial of related cases. When a party seeks or opposes consolidation, the motion or opposition must be filed in each case to be consolidated. Each motion or opposition must include:
Unless otherwise directed by the Court, the earliest filed consolidated case will be designated as the lead case for administrative control and case management purposes.
Unless otherwise directed by the Court, parties will file all pleadings, motions, and other case documents in the lead case only. The case number and designation of the lead case must be listed first in the document title of every document filed in consolidated cases.
Practice Tip |
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For example, if a party in case 3:04-CV-01111-RE, which has been consolidated with 3:04-CV-00999-RE, wishes to file a motion to compel, then the document title for the motion would read as follows: 3:04-CV-00999-RE (Lead Case) |
Amendment History to LR 42 | |
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June 1, 2002 | |
LR 42.5(c) | ". . . . submission of pleadings and documents" added. |
June 1, 2006 | |
LR 42.1 | "This manual is published . . ." stricken and moved to new Practice Tip. Practice Tip added. |
LR 42.4(g) | The word "etc." stricken. |
LR 42.5(b) | Practice Tip examples modified. |
December 1, 2009 | |
LR 42 | Changed caption. |
LR 42-1 | Changed publication references. |
LR 42.3 | Former LR 42.3 deleted. |
LR 42-3 | Former LR 42.4. Caption amended. Added "and consistent with Fed. R. Civ. P. 42," and deleted "of two or more cases." |
LR 42-4 | Former LR 42.5 with subsection (c) deleted. |
January 1, 2011 | |
LR 42-4(b) | Rule modification to reflect current practice of filing documents in the lead case only following consolidation of cases. CM/ECF functionality allows the text of the events to be spread to the trailing cases thereby maintaining all of the individual case dockets. |
March 1, 2012 | |
LR 42-4(b) | Case number references in the Practice Tip modified to include the divisional office code and display of the case number as five digits. |
March 1, 2014 | |
LR 42-1 Practice Tip | Lowercase "The" before "Federal Judicial Center." |
LR 42-3(d) | Inserted a hyphen between "Court" and "imposed." |
If a motion to quash, modify, or enforce a subpoena pursuant to Fed. R. Civ. P. 45 is filed in the District of Oregon, and this Court is not the issuing court of the subpoena, the filer may name and identify the parties the same as they are named and identified in the issuing court. If the filer is not a party to the action in the issuing court, the filer may be identified as the "movant."
For purposes of litigating motions filed under LR 45-1(a), an out-of-state attorney not admitted to the bar of this court may apply to be specially admitted pro hac vice pursuant to LR 83-3 and for waiver of the requirement of associating local counsel as required by LR 83-3(a)(1).
Amendment History to LR 45 | |
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May 1, 2015 | |
LR 45-1 | New rule to clarify procedure on the filing of such motions. |
The Court will conduct the voir dire examination of jurors. The matter of attorney voir dire can be addressed with the trial judge at the preliminary pretrial conference.
Counsel may submit and serve any questions which they desire to be propounded to the jurors at such time as the Court orders. If there is no such order, questions must be submitted at least seven days before trial.
Challenges to excuse a juror for cause will be taken orally.
The trial judge will establish the number of peremptory challenges at the final pretrial conference.
Unless otherwise directed by the Court, the parties will exercise their peremptory challenges in the following manner:
Step (1) Prior to the commencement of the trial, the courtroom deputy clerk will prepare a seating chart - or a numbered list - showing the names and seated positions of the jurors to be examined.
Step (2) When the time comes to exercise peremptory challenges, the clerk will circulate the seating chart between the parties, starting with the plaintiff.
Step (3) Peremptory challenges will be exercised one at a time, starting with the plaintiff, and alternating between the parties until completed.
Step (4) A party may exercise a peremptory challenge by circling the juror's name on the seating chart, and marking the chart with the number of the challenge, e.g., P-1, D-1, and so forth.
Step (5) If a party elects to pass a peremptory challenge, the decision to pass will be counted as though the challenge had been exercised. However, it will not constitute a waiver of subsequent challenges unless there are no subsequent challenges by any other party.
Amendment History to LR 47 | |
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June 1, 2002 | |
LR 47.2(b) | ". . . and serve" was added. |
December 1, 2009 | |
LR 47 | Modified caption. |
LR 47.1 | Former LR 47.1(a) deleted and subsection (b) moved to LR 41-1. Subsequent rules renumbered. |
LR 47-1(b) | Deadline for parties to submit supplemental questions changed from "three (3)" days to "seven (7)" days before trial. |
March 1, 2014 | |
LR 47-1(b) | Changed "seven (7)" to "seven." At Step 3, removed hyphens from "one-at-a-time." |
The Court will fix the number of jurors in a civil case.
Except as authorized by the Court, attorneys, parties, witnesses, or court employees must not initiate contact with any juror concerning any case which that juror was sworn to try.
Commentary |
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Previous LR 48-2 allowing a party to request a jury poll was eliminated because Fed. R. Civ. P. 48(c) now specifically allows for jury polling and sets out the procedure if there is a lack of assent or unanimity. |
Amendment History to LR 48 | |
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June 1, 2006 | |
LR 48.3 | Heading modified to add the word "No . . ." and "After Trial." Subsection (a) heading deleted. The "authorized" substituted for the phrase "necessary during trial or as ordered . . ." The word "attorneys" added. Reference to Oregon State Bar Disciplinary Rule DR 7-108 deleted. |
LR 48.3(b) | Rule deleted. |
LR 48.4 | Rule deleted. |
December 1, 2009 | |
LR 48.2 | Former LR 48.2 deleted (see Commentary) and subsequent rule renumbered. |
To request model instructions for issues not specific to the subject matter of a case (e.g., instructions located in Chapters 1, 2, and 3 of the Ninth Circuit's Manual of Model Civil Jury Instructions), submit only the suggested instruction number and title corresponding to the requested instruction. Instructions specific to the issues in the case must be submitted as specified in LR 51-1(b)-(d).
When Oregon law applies, the applicable Oregon State Bar Uniform Civil Jury Instructions should be used. In other cases, and unless otherwise directed by the Court, the applicable Ninth Circuit Model Jury Instructions should be used.
If more than ten instructions specific to the issues in the case are submitted, include an index.
Amendment History to LR 51 | |
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June 1, 2002 | |
Generally | Cross-references added or updated. |
LR 51.1(a) | "Unless otherwise ordered by the Court . . ." added. |
LR 51.1(e)(2) | CD Rom format added. |
June 1, 2006 | |
LR 51.1 | Cross-reference to LR 100.10 deleted. |
LR 51.1(a) | Deleted and subsequent sections relettered. New (a) revised to clarify counsels' requirements for submitting instructions. |
LR 51.1(b) | Text of rule reorganized. |
LR 51.1(c) | Numeric format modified; i.e. "ten(10)." |
LR 51.1(d)(2) | "The trial Judge may . . ." added. This sentence was moved from LR 100.10(c). |
LR 51.2 | Rule deleted. |
December 1, 2009 | |
LR 51-1(a) | Reworded. |
LR 51-1(b) | Changed "In diversity cases" to "When Oregon law applies." Added the words, "and unless otherwise directed by the Court," to the second sentence. |
LR 51-1(d)(2) | Changed the way in which the Judge's copy of the complete set of proposed jury instructions are to be submitted to the Court, from a 3.5 inch diskette or CD Rom, to an email attachment to the Judge's Courtroom Deputy Clerk. |
LR 51-1(d) | Commentary added. |
March 1, 2012 | |
LR 51-1(d)(2) | The phrase "in plain text or rich text format, as an attachment to an e-mail message sent to the Judge's Courtroom Deputy Clerk" replaced as "via e-mail as described in LR 5-1(f)." |
Commentary Section | Removed. |
March 1, 2014 | |
LR 51-1(c) | Changed "Number" to "Index" in caption and "ten (10)" to "10" in rule text. |
LR 51-1(d)(2) | Updated cross-reference from "LR 5-1(f)" to "the Practice Tip after LR 5-10(c)." |
March 1, 2016 | |
LR 51-1(d)(2) | Updated cross-reference from "LR 5-10(c)" to "LR 5-11(c)." |
January 1, 2019 | |
LR 51-1(d)(2) | Updated the cross-reference from "LR 5-11(c)" to "LR 5-10(c)." |
January 21, 2020 |
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LR 51-1(d)(2) |
Updated cross reference from "LR 5-10(c)" to "LR 5-9(c)." Deleted "the" before and "system" after "CM/ECF." |
Not later than 14 days after service of the Bill of Costs, a party objecting to any item of cost must file and serve objections. Objections should be accompanied by an affidavit or declaration and supporting legal memorandum in support of the party's position. A response, if any, must be filed not later than 14 days after service of the objections.
Unless otherwise directed by the Court, the Clerk may tax costs provided in Fed. R. Civ. P. 54(d)(1).
Notwithstanding Fed. R. Civ. P. 54(d)(1), not later than 14 days after filing of the Clerk's order taxing costs, any party may file and serve written objections to the Clerk's order. Unless requested by the Court, there will be no further submissions, and review by the Court will be determined on the same papers and evidence submitted to the Clerk.
Unless requested by the Court, costs will be taxed on the written submissions of the parties and without oral argument.
In addition to the requirements of Fed. R. Civ. P. 54(d)(2)(B), any motion for attorney fees must set forth the relevant facts and arguments of the moving party, along with all supporting authorities, affidavits, or declarations.
Practice Tip |
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Reasonable Hourly Rate As for the reasonable hourly rate, the Court uses the most recent Oregon State Bar Economic Survey as its initial benchmark. A current edition of the Economic Survey is available from the Oregon State Bar at its website: www.osbar.org. Attorneys may argue for higher rates based on inflation, specialty, or other factors. However, the Court requests that fee petitions address the Economic Survey and provide justification for requested hourly rates higher than reported by the Survey. Practitioners are also referred to the document "Message From the Court Regarding Attorney Fee Petitions" found on the Court's website. |
Objections and responsive materials are due not later than 14 days after service of the motion. Replies, if any, must be filed not later than 14 days after service of the objection.
Unless otherwise directed by the Court, any hearing on the motion for attorney fees will be heard by the Court without:
The Court may issue other appropriate orders relating to the motion for attorney fees, including a decision to refer the motion and objections to mediation or other dispute resolution process.
Amendment History to LR 54 | |
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June 1, 2000 | |
LR 54.1(a)(1)(A) | The phrase "or receipt and docketing of the appellate Court's mandate," has been added to clarify the filing deadlines. |
June 1, 2002 | |
LR 54.4(b) | The sentence beginning "Unless otherwise directed . . ." was added. |
June 1, 2006 | |
Generally | "Cost Bills" changed to "Bill of Costs" throughout. Numeric format modified; i.e. "ten (10)." |
LR 54.1(a)(1) | Subsection (B) deleted and merged into LR 54.1(a)(1). "The prevailing party . . ." sentence moved from (B) to LR 54.1(a)(1). |
LR 54.1(b) | The word "supporting" added in second sentence. Permission to file a response added. |
LR 54.2 | Text of LR 54.3 moved to new (b) and subsequent sections re-lettered Subsection (c) "Order Taxing Costs" deleted. |
LR 54.3 | Text moved to LR 54.2(b) with subsequent sections renumbered. Practice Tip added to LR 54.3(a). Subsection (b) text modified to permit a reply to the objection. |
December 1, 2009 | |
LR 54-2(a) | Deleted phrase "one day after the time limits in LR 54-1 have expired." |
LR 54-3 | Citation to Oregon State Bar website added to Practice Tip. |
Generally | Deadlines changed from "eleven (11)" days to "fourteen (14)" days. Updated cross-references. |
March 1, 2012 | |
LR 54-1(c) now LR 54-1(c)(1) and (2) | Modified section to include an alternate word-count limitation of no more than 3,000 words. Headings, footnotes, and quotations count toward this limitation. The caption, table of authorities, signature block, and any certificates of counsel do not count toward this limitation. Included requirement of a Certificate of Compliance by the attorney, or unrepresented party, that the memorandum complies with the word-count limitation. |
LR 54-3(c) | Changed "attorneys' fees" to "attorney fees." |
LR 54-3(c)(1) | Changed "attorneys' fees" to "attorney fees." |
LR 54-3(d) | Changed "attorneys' fees" to "attorney fees." |
LR 54-3(e) | Modified language to include an alternate word-count limitation of 3,000 words. |
March 1, 2013 | |
LR 54-1(c) | Title of the rule modified to show preference to word-count rather than page-count. The words, "Except as authorized in advance by the Court" changed to be "Without prior Court approval," to match similar language used in LRs 7-2(b) and 26-3(b). The rule was also simplified and amended to clarify that the certificate of compliance with the word-count limitation is necessary when the page-count limitation is exceeded, that the count (also) excludes exhibits, and that the certificate be as provided in LR 7-2(b). |
LR 54-3(e) | Title of rule modified to show preference to word-count rather than page-count. The words, "Except as authorized in advance by the Court" changed to be "Without prior Court approval," and language as to what is included in the word-count and the certificate of compliance has been added to match similar language used in LRs 7-2(b) , 26-3(b) and 54-1(c). |
March 1, 2014 | |
LR 54-1(a) | Changed "fourteen (14)" to "14." |
LR 54-1(b) | Changed "fourteen (14)" to "14" in two instances. |
LR 54-1(c)(1) | Changed "ten" to "10." |
LR 54-2(b) | Changed "fourteen (14)" to "14." |
LR 54-3(b) | Changed "fourteen (14)" to "14." |
LR 54-3(e)(1) | Changed "ten (10)" to "ten." |
March 1, 2017 | |
LR 54-1(a)(1) | Added "or declaration" after "affidavit." |
LR 54-1(b) | Added "or declaration" after "affidavit." |
LR 54-3(a) | Deleted "and" before "affidavits" and added comma and "or declarations" after "affidavits." |
If the party against whom an order or judgment of default pursuant to Fed. R. Civ. P. 55 is sought has filed an appearance in the action, or has provided written notice of intent to file an appearance to the party seeking an order or judgment of default, then LR 7-1 and LR 83-8 apply, and the parties must make a good faith effort to confer before a motion or request for default is filed.
Practice Tip |
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The requirement to confer is in addition to the requirement in Fed. R. Civ. P. 55(b)(2) that, "If a party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing." |
Amendment History to LR 55 | |
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June 1, 2006 | |
LR 55.1 | New Rule. |
December 1, 2009 | |
LR 55-1 | Practice Tip added. |
A party's factual positions must be supported by citations, by page and line as appropriate, to the particular parts of materials in the record. Unless otherwise ordered by the Court, a party is not required to file a separate Concise Statement of Material Facts. If ordered, a Concise Statement of Material Facts may not exceed 1,500 words, or in the alternative, five pages. If the document exceeds the page limit, then the party must certify compliance with the word-count limit by filing a Certificate of Compliance as provided in LR 7-2(b). This limitation includes headings, footnotes, and quotations, but excludes the caption, table of contents, table of cases and authorities, signature block, exhibits, and certificates of counsel.
Rather than filing a motion to strike, a party must assert any evidentiary objections in its response or reply memorandum. Evidentiary objections in a response or reply memorandum are subject to the certification requirement of LR 7-1(a). If an evidentiary objection is raised in the non-moving party's response memorandum, the moving party may address the objection in its reply memorandum; the non-moving party may not file further briefing on its evidentiary objection. If an evidentiary objection is raised by the moving party in its reply memorandum, the non-moving party may file a surreply memorandum pursuant to this subparagraph within seven days addressing only the evidentiary objection; the moving party may not file further briefing on its evidentiary objection.
Commentary |
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An evidentiary objection in a response or reply memorandum may be supported by argument and should be stated concisely. See Pfingston v. Ronan Engineering Co., 284 F.3d 999, 1003 (9th Cir. 2002); Fed. R. Evid. 103(a)(1). If the case goes to trial, failure to challenge admissibility at the summary judgment stage does not forfeit the right to challenge admissibility at trial. |
Amendment History to LR 56 | |
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June 1, 2002 | |
LR 56.1(a)(2) | Cross-reference LR 56.1(c) formatting and citation instructions to be included in the Concise Statement. |
LR 56.1(b) | " and Reply . . ." added to caption. |
LR 56.1(b)(2) | Last sentence added for clarification. |
LR 56.1(c) | Requirement to include page number and line number (where appropriate) information to the Concise Statement. |
LR 56.1(f) | "or in the response . . ." added. June 1, 2006 Generally Appendix of Forms numbers updated. |
June 1, 2006 | |
Generally | Appendix of Forms numbers updated. |
LR 56.1(a) & LR 56.1(b)(1) |
The words "separately filed . . ." added. |
LR 56.1(d) | The words "neither" and "nor any response or reply thereto" added. The word "not" stricken. The word "stricken" substituted for "returned." |
December 1, 2009 | |
LR 56 | Practice Tip and Commentary added. References to Appendix of Forms deleted. |
LR 56-1(b)(1)(B) | The phrase "moving party" substituted for "movant." |
LR 56-1(b)(3) | Reworded for clarification. |
LR 56-1(c)(1) | The word "must" substituted for "shall." |
LR 56-1(c)(3) | The phrase "are not to" substituted for "shall not." |
LR 56-1(g) | Added to establish briefing requirements for evidentiary objections. |
January 1, 2011 | |
LR 56 | Commentary added to call practitioners' attention to elimination of requirement that parties must submit a concise statement of material facts unless otherwise ordered by the Court, and that this change is subject to a period of study and evaluation. |
LR 56-1(a)(1) & (2), (b), (c), (d), (e), & (f) | Deleted. |
LR 56-1(b) | Former LR 56-1(g). |
March 1, 2012 | |
LR 56 | Removed Commentary Item 1 as the period for comments to the Local Rules Advisory Committee has passed. |
LR 56-1(b) | Addition of sentence, "Evidentiary objections in a response or reply memorandum are subject to the certification requirement of LR 7-1(a)." |
March 1, 2013 | |
LR 56 | General clerical corrections including the addition of missing periods in the rule's Amendment History. |
LR 56-1(a) | Capitalization of the word "Court" in the second sentence. |
March 1, 2014 | |
LR 56-1(a) | Added new third, fourth and fifth sentences applying word-count and page limitation. |
LR 56-1(b) | Changed "seven (7)" to "seven." |
January 1, 2019 | |
LR 56-1(b) | In the first sentence, replaced "may" with "must" and added "any" before "evidentiary objection." Deleted the following final two sentences: "If a party asserts an evidentiary objection in a motion to strike evidence, no reply memorandum is permitted. Unless otherwise ordered by the court, any oral argument as to evidentiary objections will be scheduled for the same time as the summary judgment motion." |
LR 56 Commentary | After the first sentence, deleted: "There is no need to make a separate motion to strike." |
Motions for a preliminary injunction, not otherwise accompanied by the concurrent filing of an application for a Temporary Restraining Order, will be calendared as non-discovery motions pursuant to LR 7-2.
Amendment History to LR 65 | |
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December 1, 2009 | |
LR 65 | Change of rule title from "Injunctions" to "Injunctions and Restraining Orders." |
LR 65-1 | Inclusion of title "Calendaring." |
March 1, 2016 | |
LR 65-1 |
Updated cross-reference from "LR 26" to "LR 7-2." Changed "a non-discovery motion" to "non-discovery motions." |
Except for qualified corporate sureties, or as otherwise provided by statute, every bond or other security must:
Except for qualified corporate sureties, before a bond or other security may be accepted, each security provider must present a verified schedule of assets and liabilities, including a statement of all other bonds and other securities on which the security provider may become liable. If the security is accepted by the Court, the schedule must be filed with the clerk.
No clerk, marshal, or other employee of the Court - nor any member of the bar representing a party in the particular action or proceeding - will be accepted as security provider on any bond or other security in any action or proceeding.
Deposits on bonds may be made by members of the bar on certification that the funds are the property of a specified person who has signed a surety on the bond. The deposit must be in the form of a money order, certified check, or cashier's check.
Upon exoneration of the bond - and upon motion and order of Court - monies held by the clerk will be returned to that specified person.
Any party may apply for an order requiring an opposing party to show cause why it should not be required to furnish further or different security, or requiring personal sureties to justify the full amount of the security.
Amendment History to LR 65.1 | |
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January 19, 2019 | |
LR 65.1-1 | In the title, added "or Other Securities" after "Sureties." |
LR 65.1-1(a) | In the title, deleted "Bond" before "Requirements." In the rule text, replaced "undertaking" with "other security." |
LR 65.1-1(b) | In the title, replaced "Surety" with "Security Provider." In the rule text, changed "Except for qualified corporate sureties, before a bond or undertaking may be accepted, each surety must present a verified schedule of assets and liabilities, including a statement of all other bonds and undertakings on which the surety may become liable" to: "Except for qualified corporate sureties, before a bond or other security may be accepted, each security provider must present a verified schedule of assets and liabilities, including a statement of all other bonds and other securities on which the security provider may become liable." In the second sentence, replaced "bond" with "security." |
LR 65.1-2 | In the title, added "or Other Security Providers" after "Sureties." |
LR 65.1-2(a) | In the title, added "or Other Security Providers" after "Sureties." In the rule text, replaced "surety" with "security provider." Replaced "undertaking" with "security." |
LR 65.1-3 | In the title, added "or Other Security Providers" after "Sureties." In the rule text, replaced "surety" with "security." |
April 1, 2022 | |
LR 65.1-1(a) | Replaced "cash" with "a cashier's check, or certified check," after "deposit of." |
LR 65.1-2(b) | Deleted "Cash" from subheading before "Deposits" and added "by Attorneys." Deleted "Cash" as the first word in the rule, capitalized "Deposits" and added "The deposit must be in the form of a money order, certified check, or cashier's check." |
All monies paid into the Court must be by cashier's check or certified check made payable to Clerk, U.S. District Court.
Upon receipt, the Clerk will deposit the monies into the Court's registry fund which is held by the Treasurer of the United States.
Practice Tip |
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Refer to Standing Order 2016-11, Order Regarding Deposit and Investment of Registry Funds, for details about how interest-bearing account deposits are administered and how fees and applicable taxes are assessed. |
Pursuant to the authority of the Judicial Conference of the United States, the Clerk will assess the required fee on all income earned on any funds deposited in an interest-bearing account authorized by the Court pursuant to paragraph (c), above.
A proposed form of order must be filed with any motion to deposit funds. The Clerk's Office Financial Administrator must approve all proposed orders seeking to deposit funds with the Court.
Upon motion or stipulation, the Court may order that funds be withdrawn from the registry of the Court for redeposit or disbursement. A proposed form of order must be filed with a motion to withdraw funds, and must contain the following information:
The Clerk's Office Financial Administrator must approve all proposed orders to withdraw funds deposited with the Court.
All payments from registry funds held by the Court will be paid as directed by the Court.
Amendment History to LR 67 | |
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June 1, 2002 | |
Generally | Cross-references added and updated. |
LR 67.1(a) | "authorized plastic card payment . . ." added. |
LR 67.5(b) | Corrected reference to LR 67.1. |
June 1, 2006 | |
Generally | Appendix of Forms numbers updated. |
December 1, 2009 | |
Generally | References to Appendix of Forms deleted. |
LR 67-1(a) | Removed reference to "authorized plastic card payment." |
LR 67.3(a) | Deleted former LR 67.3(a) referring to 28 U.S.C. § 2041. Subsequent subsections relettered. |
LR 67-3(a) and 67-3(a)(2) | Added the phrases "or disbursement" and "or disbursing." |
March 1, 2012 | |
LR 67 | Title change from "Deposits in Court and Other Funds" to "Deposits in Court." |
LR 67-1(b) | Modification of sentence from "Upon receipt, the clerk will deposit the monies with the Treasurer of the United States into the Court's registry fund" to "Upon receipt, the Clerk will deposit the monies into the Court's registry fund which is held by the Treasurer of the United States. |
LR 67-1(c) | New section for Interest-bearing Account and relettering of next section from (c) to (d). |
LR 67-1(c) now (d) | Modification of sentence from ". . .the clerk will assess a registry fee on all income earned on any Court approved account established pursuant to this rule" to ". . .the Clerk will assess a registry fee on all income earned on any funds deposited in an interest-bearing account authorized by the Court pursuant to paragraph (c), above." |
LR 67-2 | Title change from "Order to Deposit Funds into Interest Bearing Accounts" to "Order to Deposit Funds" and "Sample Order" made plural. Modified sentence to remove words after "proposed orders" and adding ". . .seeking to deposit funds with the Court." |
LR 67-3(a) | "Sample Order" made plural. Removed word "elsewhere" from first sentence. Changed the reference to "an application" to "a motion" in the second sentence. Additional modifications made to subsections (1) thru (5) including removal of subsection (3) and (5) with remaining sections renumbered. |
LR 67-3(a)(1) to (4) | Itemized list of what a proposed order submitted with a motion to withdraw funds must contain. Subsection (1) modified to eliminate "the schedule of anticipated or future deposits" and add "at the time of the motion." Subsection (2) modified to include "if any" referring to "the amount of the registry fee" and capitalization of the word "Clerk." Subsection (3) and (5) removed. Subsection (4) renumbered to (3) to include at the end of the sentence "or the name and address of any payee who will receive such funds; and." New Subsection (4) added as "The method for delivery of such funds to the intended recipient; whether by U.S. Mail or personal delivery at the Clerk's Office." |
LR 67-3(b) | Removed words "applications and" from sentence after "must approve all . . ." |
LR 67-4 | Modified sentence from "Except as directed the Court, payments from registry funds held by the Court will be paid jointly to the entitled party and to their local attorney of record, and will be mailed to the attorney for distribution" to "All payments from registry funds held by the Court will be paid as directed by the Court." |
LR 67-5 | Removed. |
March 1, 2013 | |
LR 67-2 | Added this new initial sentence: "A proposed form or order must be submitted with any motion to deposit funds." Omitted "Prior to submission to the Court" at the beginning of the second sentence and "with the Court" at the end of the same sentence. Capitalized "Clerk’s Office Financial Administrator." |
LR 67-3(a) | Changed the word "Monies" to "Funds" in the reference to the Sample Orders. |
LR 67-3(b) | Omitted "Prior to submission to the Court" at the beginning of the sentence. Capitalized "Clerk’s Office Financial Administrator," and replaced the word "monies" at the end of the sentence with "funds deposited with the Court." |
March 1, 2014 | |
LR 67-2 | Changed "submitted" to "filed." |
LR 67-3 | Changed "submitted" to "filed." |
March 1, 2017 | |
LR 67-1(c)(1) | Added subsection (1) heading: "Interest-bearing account deposits other than interpleader funds." |
LR 67-1(c)(2) | New subsection. |
LR 67-1(c) | New Practice Tip. |
LR 67-1(d) | Deleted "Registry" before "Fee" in the heading. Replaced "a registry" with "the required" in the rule text. |
LR 67-3(a)(2) | Deleted "and the amount of the registry fee, if any, to be assessed by the Clerk" after "withdrawn" and added "and" after the semicolon at the end of that subsection. |
LR 67-3(a)(3) | Deleted semicolon and "and" at the end of subsection (3) and added period after "funds." |
LR 67-3(a)(4) | Deleted subsection (4), "The method for delivery of such funds to the intended recipient, whether by U.S. Mail or personal delivery at the Clerk's Office." |
April 1, 2022 | |
LR 67-1(a) | Deleted "by cash or" before "by cashier's." |
Unaccepted offers of judgment are not filed with the Court. Counsel must maintain unaccepted offers of judgment and make them available to the parties or the Court upon request.
This rule does not preclude the use of an offer for any purpose allowed by the federal rules.
Amendment History to LR 68 | |
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March 1, 2014 | |
LR 68 | Changed "Offers" to "Offer" in caption. |
LR 68-1(a) | Rule cross-reference in title updated from LR 5-2 to LR 5-10. The text of the rule was changed from "Unaccepted offers of judgment are not to be filed with the Court. They will be maintained by counsel and made available to the parties or the Court upon request" to "Unaccepted offers of judgment are not filed with the Court. Counsel must maintain unaccepted offers of judgment and make them available to the parties or the Court upon request." |
March 1, 2016 | |
LR 68-1(a) | Rule cross-reference in the title updated from "LR 5-10" to "LR 5-11." |
January 1, 2019 | |
LR 68-1(a) | Rule cross-reference in the title updated from "LR 5-11" to "LR 5-10." |
January 21, 2020 | |
LR 68-1(a) |
Updated cross-reference from "LR 5-10" to "LR 5-9." |
The Court designates every Magistrate Judge to conduct all pretrial proceedings authorized by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72 without further designation or assignment.
Practice Tips |
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1. The District of Oregon includes Magistrate Judges in the random assignment of new civil case filings. |
2. When selected as the assigned judge, the Magistrate Judge will be the presiding judicial officer and will conduct all pretrial proceedings in accordance with Fed. R. Civ. P. 72. |
3. Magistrate Judges may modify scheduling orders issued by other judges. |
Amendment History to LR 72 | |
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March 1, 2014 | |
LR 72 | Changed caption from "Magistrate Judges Pretrial" to "Magistrate Judges: Pretrial Order" for consistency with the caption of Fed. R. Civ. P. 72. |
LR 72-1 | Changed "contemplated" to "authorized," omitted the comma after "Fed. R. Civ. P. 72," and removed the words "from the Court." |
Practice Tip | Removed the comma after "officer" at item 2. |
Pursuant to 28 U.S.C. § 636(c)(1), and subject to the consent of the parties, every full-time, part-time, or recalled Magistrate Judge assigned to the District of Oregon is authorized to exercise civil jurisdiction over all assigned cases, including entry of final judgment and the conduct of any court or jury trial.
Unlike District Judges who are assigned both civil and criminal cases, and by law must give scheduling priority to criminal cases, Magistrate Judges are assigned civil cases and criminal misdemeanor and petty offense cases only. Consequently, a Magistrate Judge is able to set earlier and firmer trial dates than might otherwise be possible for a District Judge for parties who consent pursuant to Fed. R. Civ. P. 73(b). (See LR 16-1(b).)
If a Magistrate Judge issues a ruling or findings and recommendations before all the parties have consented to a Magistrate Judge, and objections are filed pursuant to 28 U.S.C. § 636, a District Judge will review the objections, even if all the parties consent to a Magistrate Judge subsequent to the issuance of the ruling or findings and recommendations.
Commentary |
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The purpose LR 73-3 is to address the situation where all but one party has consented to a Magistrate Judge, and the Magistrate Judge then gives a favorable ruling to the non-consenting party. The concern is that the non-consenting party may try to foreclose a review of any 28 U.S.C. § 636 objections to the favorable ruling by filing a Magistrate Judge consent form shortly after receiving the favorable ruling. Under this rule, a District Judge will still review those objections. |
Amendment History to LR 73 | |
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December 1, 2009 | |
LR 73-3 | New rule and commentary added. |
March 1, 2012 | |
LR 73-2 | Added cross-reference to LR 16-1(b). |
March 1, 2013 | |
LR 73-2 | Clerical correction adding a period after the rule reference in parentheses. |
March 1, 2014 | |
LR 73-1 | Inserted a (serial) comma before "or recalled." Omitted "designated and" before "authorized" and changed "to include the" to "including." |
LR 73-2 | Changed "only assigned civil cases" to "assigned civil cases and criminal misdemeanor and petty offense cases only." Changed "Consequently, when parties consent pursuant to Fed. R. Civ. P. 73(b), the assigned" to "Consequently, a," and added "for parties who consent pursuant to Fed. R. Civ. P. 73(b)" after "District Judge." |
Commentary | In the second sentence, changed "this" to "the" after the words "objections to." |
Clerk's Office Locations | |
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Portland District Court Clerk's Office | |
Street Address | Room 740 Mark O. Hatfield United States Courthouse 1000 S.W. Third Avenue Portland, Oregon 97204 |
Normal Business Hours | 8:30 a.m. to 4:30 p.m., Monday through Thursday; 9:30 a.m. to 4:30 p.m., Friday |
Records & Filings | (503) 326-8000 |
Eugene District Court Clerk's Office | |
Street Address | Room 2100 Wayne L. Morse United States Courthouse 405 E. Eighth Avenue Eugene, Oregon 97401 |
Normal Business Hours | 8:30 a.m. to 4:30 p.m., Monday through Thursday; 9:30 a.m. to 4:30 p.m., Friday |
Records & Filings | (541) 431-4100 |
Medford District Court Clerk's Office | |
Street Address | Room 213 James A. Redden United States Courthouse 310 W. Sixth Avenue Medford, Oregon 97501 |
Normal Business Hours | 8:30 a.m. to 4:30 p.m., Monday through Thursday; 9:30 a.m. to 4:30 p.m., Friday |
Records & Filings | (541) 608-8777 |
District of Oregon website: ord.uscourts.gov |
When it is necessary to file a hard copy of time-sensitive matters after normal business hours, the filing party must notify the resident Clerk's Office during normal business hours of the anticipated requirements. Once notified, the Clerk's Office will make arrangements to receive, file, and process these time-sensitive materials.
Unless otherwise directed by the Court, the Clerk's Office will not remain open after normal business hours to receive a party's late filing of a hard copy of a motion, response, or other non-statute of limitations related documents.
The Portland Clerk's Office maintains an after-hours filing depository available to the public when the building is open. Negotiable instruments and cash must not be left in this depository.
Any records of the Court must remain in the custody of the Clerk's Office.
Nothing belonging in any paper files of the Court may be withdrawn from the custody of the Clerk's Office without a court order and a signed receipt that specifies the matter withdrawn.
In addition to the authority granted by Fed. R. Civ. P. 77(c), the Clerk is authorized to sign and enter an order on consent noting satisfaction of a judgment providing for the payment of money and orders of dismissal pursuant to Fed. R. Civ. P. 41(a)(1), LR 41-1, or LR 55.
Unless otherwise directed by the Court, exhibits offered or received in evidence will be maintained by the Clerk's Office while the Court is in session.
Unless otherwise ordered by the Court, exhibits not withdrawn within 60 days after notice may be destroyed.
Amendment History to LR 77 | |
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December 1, 2009 | |
LR 77-1 | Updated telephone number. |
LR 77.2 | Former LR 77.2 deleted. Subsequent rules renumbered. |
LR 77-2(a) & (b) | The phrase "hard copy" added. |
LR 77-3(b) | The word "may" substituted for "will." |
LR 77-7(b) | The word "must" substituted for "will." |
March 1, 2012 | |
LR 77-1 | Normal Business Hours changed from "8:30 am to 4:30 pm" to "8:30 am to 4:30 pm, Monday through Thursday; 9:30 am to 4:30 pm, Friday." |
LR 77-3(a) | "All files and records" changed to "Any records. . ." |
LR 77-3(b) | Modification of sentence to include the words "any paper" as "Nothing belonging in the files of the Court. . . " to "Nothing belonging in any paper files of the Court. . ." |
LR 77-5 | Rule removed and subsequent rules renumbered. |
March 1, 2013 | |
LR 77-4(2) | Clerical corrections changing "are" to "is" after the word building, adding a colon after "without further direction of the Court," a semi-colon and the word "and" in line 1, a comma after LR 41-1, and a period after LR 55. |
March 1, 2014 | |
LR 77 | Revised rule title to conform to Fed. R. Civ. P. 77. |
LR 77-2 | Inserted hyphen between "After" and "Hours" in caption. |
LR 77-2(a) | Inserted hyphen between "time" and "sensitive." |
LR 77-2(b) | Changed caption from "Late Filings of Materials Relating to Court-Imposed Deadlines" to "Late Filings of Materials Under Court Imposed Deadlines." Inserted the word "open" after the word "remain." |
LR 77-2(c) | Inserted hyphen between "After" and "Hours" in caption. Omitted "that is" after "depository," and changed "during the hours that the" to "when." |
LR 77-3 | Changed "Clerk" to "Clerk's Office" in LR 77-3(a) and (b). |
LR 77-4 | Changed "In addition to the authority granted by Fed. R. Civ. P. 77(c), the Clerk is authorized to sign and enter the following orders without further direction of the Court:
|
LR 77-5(a) | Changed "Clerk during the hours in which the" to "Clerk's Office while." |
LR 77-5(b)(1) | Omitted "the Court will generally order that" before "sensitive exhibits," changed "exhibits be" to "exhibits, unless submitted electronically, are" before "returned," and changed "Clerk" to "courtroom deputy clerk." |
LR 77-5(b)(2) | Changed "Clerk" to "courtroom deputy clerk." |
LR 77-6 | In caption, inserted "Physical" before "Exhibits." |
LR 77-6(a)(2)(A) | Omitted "Safely" before "maintaining." |
LR 77-6(a)(2)(B) | Changed "Granting" to "granting" and changed "Clerk" to "courtroom deputy clerk." Also removed the commas after "parties" and "reporter." |
LR 77-6(b) | Changed "sixty (60)" to "60," omitted comma after "notice," and omitted "or otherwise disposed of by the Clerk" after "destroyed." |
Amendment History to LR 79 | |
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December 1, 2009 | |
LR 79.1 | Former LR 79.1 deleted. Subsequent rule renumbered. |
March 1, 2012 | |
LR 79-1 | Former LR 79-1 moved to LR 5-1(f). |
The rules governing § 2254 cases and § 2255 proceedings brought in the United States District Courts, as adopted and amended by the Supreme Court of the United States, apply to all such cases filed in this Court.
This rule governs the procedures for a first petition for a writ of habeas corpus in which a petitioner seeks relief from a state court's judgment imposing a sentence of death. A subsequent filing will be treated as a first petition under this rule if the original filing was voluntarily dismissed or dismissed for failure to exhaust state remedies. This rule is intended to supplement the Rules Governing § 2254 Cases in the United States District Courts (Rules Governing § 2254 Cases) and is not intended to alter or amend those rules. The application of this rule to a particular petition may be modified by the judge to whom the petition is assigned.
The Clerk of the Court will periodically request copies of the reports prepared by the State Court Administrator regarding the status of cases in which an Oregon court has imposed the penalty of death.
The Attorney General must provide the Federal Public Defender with notice of the following: the conclusion of the petitioner's direct appeal, the filing of the state post-conviction petition, the conclusion of the petitioner's state post-conviction proceeding (including the appeal and the denial of certiorari by the United States Supreme Court). On notice that all of petitioner's state court remedies have concluded, the Federal Public Defender, after consultation with the petitioner, must file a written notice of intention to file a petition and send a copy to the Oregon Attorney General's Office. The notice must identify the petitioner, the county where the petitioner was convicted, the place where the petitioner is incarcerated, and the status of the petitioner's state court proceedings. The notice is used for informational purposes by the Court and failure to file the notice will not preclude the filing of the petition.
Consistent with the Court's case assignment procedures, petitions are randomly assigned to the active District Judges of the Court.
As soon as practicable following the assignment of a capital habeas case to a judge, the judge will issue an Order of General Procedure setting an initial case management conference.
Unless the judge dismisses the petition under Rule 4 of the Rules Governing § 2254 Cases, the following schedule and procedure apply, subject to modification by the judge for good cause shown. Requests for enlargement of any time period in the Rule must comply with Local Rules.
Example |
Clerk's Record - Multnomah County Circuit Court |
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If an evidentiary hearing is held, the Court will order the preparation of a transcript of the hearing, which is to be provided immediately to petitioner and respondent for use in briefing and argument. Following the preparation of the transcript, the Court may establish a reasonable schedule for further briefing and argument of the issues considered at the hearing.
On conclusion of proceedings at either the district or appellate court level, the Clerk's Office is directed to return one copy of the state court record to the office of the Oregon Attorney General.
Amendment History to LR 81 | |
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June 1, 2002 | |
LR 81.3(g) | Added reference to Appendix of Forms. |
June 1, 2006 | |
Generally | Appendix of Forms number updated. |
December 1, 2009 | |
Generally | The word "shall" has been changed to "will", "may" or "must." |
LR 81-1(a) | The phrase "and shall be signed and verified by the prisoner" has been deleted. 28 U.S.C. § 2242 and Rule 2(c)(5) of the Rules Governing § 2254 Cases allow lawyers to draft and sign petitions for clients without signing and verification by the parties. |
LR 81-1(b) | Added the option for a motion and the second sentence. |
LR 81-1(e)(3) | The first sentence was amended to conform to LR 81-1 as to the number of copies to be filed by counsel. |
LR 81-3(a) | Typographical error "hr" changed to "he." |
LR 81-3(c) | Amended to require the Oregon Attorney General to provide the Federal Public Defender with status reports. This change is intended to allow the FPD's office to carry out its duty to file a written notice of intention to file a capital habeas petition at the appropriate time. |
LR 81.3(d)(3)-(5) | Former subsections deleted. Subsequent subsection renumbered. |
LR 81-3(h) | Modified for clarity. |
LR 81-3(i)(1) | Amended to require the State to provide the Court with all documents (regardless of perceived relevancy) from a petitioner's previous capital trials and appeals and to serve these documents on petitioner's lead counsel. |
March 1, 2014 | |
LR 81-1 |
In caption, added "and Motions" after "Petitions." |
LR 81-1(a) |
Changed "Petitions by state prisoners for writs of habeas corpus pursuant to 28 U.S.C. § 2254, and motions pursuant to 28 U.S.C. §§ 2241 or 2255 by federal prisoners who are in custody, must be legibly written or typewritten on forms supplied by the Court and must be signed under penalty of perjury by the petitioner or by a person authorized to sign for the petitioner. The original and two (2) copies of the petition or motion must be sent to the clerk" to "Petitions for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254 and motions pursuant to 28 U.S.C. § 2255 must be legibly written or typewritten on forms supplied by the Court and must be signed under penalty of perjury by the petitioner or by a person authorized to sign for the petitioner. The original of the petition or motion must be sent to the Clerk of Court." |
LR 81-1(b) |
Changed "If the petition or motion is taken in forma pauperis, it must include an affidavit setting forth information which establishes that the applicant will be unable to pay the fees and costs of the proceedings" to "If a prisoner seeking habeas relief moves to proceed in forma pauperis, the application must include an affidavit setting forth information which establishes that the applicant is unable to pay the fees and costs of the proceedings." |
LR 81-2 | Changed caption from "Procedure in Habeas Corpus (See 28 U.S.C. §§ 2254 and 2255)" to "Procedures in § 2254 Cases and § 2255 Proceedings." Changed "All procedures in habeas corpus proceedings and motions under 28 U.S.C. §§ 2254 and 2255 must follow the rules governing such matters in the United States Courts as adopted and amended by the Supreme Court of the United States" to "The rules governing § 2254 cases and § 2255 proceedings brought in the United States District Courts, as adopted and amended by the Supreme Court of the United States, apply to all such cases filed in this Court." |
LR 81-3(a) | In third sentence, added "in the United States District Courts (Rules Governing § 2254 Cases)" after "Cases." |
LR 81-3(b) | In caption, changed "Case" to "Cases." |
LR 81-3(c) | Changed "petitioner's direct appeal conclusion, the filing of the state post-conviction petition, the denial of the state post-conviction appeal, the denial of petitioner's Petition for Review to the Oregon Supreme Court, and the denial of certiorari. Once all of petitioner's state court remedies have concluded, the Federal Public Defender, after consultation with the petitioner, must file promptly with this Court, and send to the Oregon Attorney General's Office, a written notice of intention to file a petition. The notice must state the name of the petitioner, the county in which petitioner was convicted, the place of petitioner's incarceration, and the status of petitioner's state court proceedings" to "the conclusion of the petitioner's direct appeal, the filing of the state post-conviction petition, the conclusion of the petitioner's state post-conviction proceeding (including the appeal, and the denial of certiorari by the United States Supreme Court). On notice that all of petitioner's state court remedies have concluded, the Federal Public Defender, after consultation with the petitioner, must file a written notice of intention to file a petition and send a copy to the Oregon Attorney General's Office. The notice must identify the petitioner, the county where the petitioner was convicted, the place where the petitioner is incarcerated, and the status of the petitioner's state court proceedings." The last sentence was also modified to clarify that "The notice is used for informational purposes by the Court." |
LR 81-3(d)(2) | In the first sentence, changed "upon" to "on." |
LR 81-3(e)(1) | After title, changed "Upon" to "On." Changed "Future submissions relative to the same proceeding will also bear the same civil case number" to "Subsequent submissions related to the same petition will bear the same case number." |
LR 81-3(e)(2) | In first sentence, changed "Petitions must be completed in conformance with" to "Petitions must conform to." In second sentence, omitted semicolon and "(a)" after "All petitions" and omitted "(b) must" before "set forth." |
LR 81-3(e)(3) | Eliminated the requirement for additional copies of the petition. |
LR 81-3(f) | Changed "Notwithstanding the general assignment plan of this Court, petitions will be assigned to the District Judges of the Court as follows:" to "Consistent with the Court's case assignment procedures, petitions are randomly assigned to the active District Judges of the Court." Omitted LR 81-3(f)(1)-(3). |
LR 81-3(g) | Omitted "judicial" before "assignment" and changed "Capital Case" to "capital habeas case." |
LR 81-3(h)(1) | After the title, changed "Upon" to "On." |
LR 81-3(h)(2) | Changed "ninety (90)" to "90-." |
LR 81-3(h)(4) | After the title, changed "Upon" to "On." In both sentences, changed "clerk" to "Clerk's Office." Inserted comma after "Attorney General's Office." |
LR 81-3(h)(5) | Changed "Subsection (1) through (4) of this section (h) apply only if the stay provisions of 28 U.S.C. § 2262 do not apply" to "Sections (1) through (4) of LR 81-3(h) do not apply if the stay provisions of 28 U.S.C. § 2262 apply and the Court of Appeals has not approved the filing of a second or successive application under 28 U.S.C. § 2244(b)." |
LR 81-3(i) | Omitted "will" after "procedure." |
LR 81-3(i)(1) | Changed "sixty (60)" to "60" in first sentence. Changed "will not" to "should be permitted to" in fourth sentence. |
LR 81-3(i)(3)(C) | Inserted hyphen between "two" and "prong." |
LR 81-3(i)(C)(1)-(3) | Renumbered as LR 81-3(i)(4)-(6). In new LR 81-3(i)(4), comma omitted after "writing" and changed "with a copy served" to "and serve a copy." |
LR 81-3(j) | Changed the beginning of the second sentence from "Upon" to "Following." |
LR 81-3(k)(2)-(4) | In each section, changed "clerk" to "Clerk's Office." |
LR 81-3(l) | Changed "Upon" to "On" and changed "clerk" to "Clerk's Office." |
March 1, 2017 | |
LR 81-1(b) | In the first sentence, added "or declaration" after "affidavit." In the second sentence, changed "State prisoners" to "Prisoners." Changed "money or securities" to "funds." |
September 3, 2024 | |
LR 81-3(d)(1) | Replaced "pro se" with "self-represented." |
LR 81-3(d)(2) | Replaced "proceeding pro se" with "self-represented." |
LR 81-3(e)(3) | Replaced "pro se" with "self-represented." |
Only attorneys generally or specially admitted pursuant to this rule may practice in the district and bankruptcy courts of the District of Oregon.
An applicant must submit an application for general or special admission in the format provided by the Clerk's Office. See Attorney Admissions page available on the Court's website at ord.uscourts.gov.
Attorney admission fees for general or special admission must be paid upon notice of fee due.
Any person who exercises any of the privileges of a member of the bar of this Court without being entitled to do so is guilty of contempt.
Admission to general practice, and continuing membership in the bar of this Court, is limited to attorneys of good moral character who are active members with full privileges in good standing with the Oregon State Bar.
Any attorney who is an active member in good standing of the bar of any United States court, or the highest court of any state, territory, or insular possession of the United States, may apply to be specially admitted pro hac vice in a particular case, provided he or she:
Upon motion and for good cause shown, any attorney may move to have the Court waive the special admission fee.
The assigned judge will review and rule upon the motion for leave to appear pro hac vice.
Unless otherwise directed by the assigned judge, the Clerk's Office will coordinate and schedule all calendaring actions, telephone conferences, and other court proceedings through local counsel.
Attorneys who represent the United States, Indian treaty tribes, a state, or any agency of these sovereigns, may appear in a case without having to comply with LR 83-1(c), LR 83-2, and LR 83-3(a)(3).
An "eligible" law student is a law student meeting all the requirements of Rule 13.20 of Rules for Admission of Attorneys of the Supreme Court of the State of Oregon ("Oregon Rules").
A law school dean must make the certification described in Oregon Rules 13.20 and 13.25 by filing a copy of the certification filed with the State Court Administrator. The dean may withdraw the certification, and this Court may terminate the certification as provided in Oregon Rule 13.25. The certification remains in effect for the period described in Oregon Rule 13.25(1).
Every attorney admitted to general or special practice before this Court has an affirmative duty to notify the Clerk, Chief Judge, and the assigned judge in writing within 14 days after the attorney has:
Practice Tip |
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It is in the attorney's interest to report an order of suspension to the Chief Judge, assigned judge, and Clerk as soon as possible. If a period of reciprocal suspension is imposed under LR 83-6(b), early notification increases the likelihood that the period of reciprocal suspension may coincide with the suspension period imposed by the disciplining court or bar. For most attorneys, parallel suspension periods are less disruptive to professional obligations than serial or overlapping suspension periods. |
Disciplinary sanctions may result in the rejection of an application to serve as a Court-sponsored mediator or termination of a Court-sponsored mediator's service.
To apply for reinstatement to the bar of this Court, attorneys must submit the following:
Every attorney admitted to general or special practice and every law student appearing pursuant LR 83-5 must:
The filing of any document constitutes an appearance by the attorney who signs the document.
A party represented by an attorney cannot appear or act except through the attorney. Unless otherwise specifically provided by law or Court order, a corporation may appear or act only through an attorney.
Every attorney admitted to general or special practice, and every self-represented party, has a continuing responsibility to notify the Clerk's Office whenever his or her mailing address, telephone number, and/or e-mail address changes. The attorney must update his or her PACER account.
Notice of a change of mailing and/or e-mail address must be filed in pleading form and served on all parties to any pending action or case on appeal.
An attorney may withdraw as counsel of record only with leave of Court, except as provided in subsections (b), (c), and (d). A motion must be filed and served on the client and opposing counsel. The motion will be heard on an expedited basis.
A notice of withdrawal of attorney may be filed by a withdrawing attorney or by a member of the withdrawing attorney's law firm or former law firm, if a member of the withdrawing attorney's law firm or former law firm remains as counsel of record for the party.
Unless a member of the withdrawing attorney's firm or former law firm remains as counsel of record for the party, counsel appearing pro hac vice may withdraw as counsel of record only with leave of Court as provided in subsection (a). In such cases, counsel appearing pro hac vice must notify local counsel of the intent to withdraw and must ascertain whether local counsel objects to such withdrawal. The motion required by subsection (a) must be served on local counsel and must inform the Court of local counsel's position regarding the motion. If a member of the withdrawing attorney's law firm or former law firm remains as counsel of record for the party, the withdrawing attorney may instead file a notice of withdrawal as provided in subsection (b).
When new counsel appears simultaneously with withdrawal of counsel of record, a single Notice of Substitution of Counsel may be filed, containing both the appearance of new counsel and the withdrawal of counsel of record. If the Notice of Substitution of Counsel is to be filed by the appearing counsel, it must contain a statement of consent electronically signed by the withdrawing counsel.
When an attorney dies, is removed or suspended, or ceases to act, the party, unless already represented by another attorney, must designate a new attorney or appear in person before further proceedings occur.
When the Court sends mail to the last known address of an attorney of record or unrepresented party, and the postal service returns the mail as undeliverable because the attorney or party has failed to notify the Clerk of a changed address, and the failure to notify the Clerk of the change of an address continues for 60 days, then the Court may strike appropriate pleadings, enter a default, or dismiss the action.
Cameras and other recording devices are allowed during naturalization ceremonies, investitures, and other Court-approved ceremonial and educational programs.
For purposes of this rule, the Court is guided by the certification criteria set forth in Western Helicopter Services, Inc., v. Rogerson Aircraft Corporation, 311 Or. 361, 811 P.2d 627 (1991).
Amendment History to LR 83 | |
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September 23, 1999 | |
LR 83.2 | Amended to eliminate the trial certification requirements of the previous rule. |
June 1, 2000 | |
LR 83.16 | This rule establishes corporate disclosure statements similar to those required by Fed. R. App. P. 26.1. |
June 1, 2002 | |
LR 83.1(b) | Reference to the Court’s website deleted. |
LR 83.1(e) | New Rule: CM/ECF registration requirements added. |
LR 83.3(d) | Title amended to "Scheduling Court Proceedings." Subsection (2) deleted. |
LR 83.3(e) | New Rule. |
LR 83.4 | Reference to LR 83.1(c) added. |
LR 83.6 | "... by any court." added. |
LR 83.10(a) and (b) | Amended to include business e-mail address. |
LR 83.12 | Cross-reference to LR 100.13 added. |
June 1, 2006 | |
Generally | Cross-references updated. Appendix of Forms numbers updated. Updated website addresses. |
LR 83.1(e)(2) | New Rule. |
LR 83.3(a) | The words "the attorney" substituted for "they" at (2). The word "including" substituted for the words "to include" at (3). |
LR 83.3(e) | The first sentence divided into two sentences. The words "Associated local counsel" added to and the words "in turn" stricken from the new second sentence. |
LR 83.5(c)(1) | The word "is" substituted for the word "must." |
LR 83.6 | The word "the" added at (a). The word "including" substituted for "to include" at (b)(1). |
LR 83.6(c) | New Rule. |
LR 83.7(a) | The words "....and this Court" added. |
LR 83.8 | The word "the" stricken a (a). |
LR 83.9 | Practice Tip added at (a). The sentence beginning "Unless otherwise specifically..." added at (b). |
LR 83.10(a) | Added requirement to maintain CM/ECF user account. |
LR 83.11 | Made a distinction between withdrawal of a single attorney and those parties represented by multiple attorneys at (a) and new (b). Subsequent sections relettered. The word "any" stricken in first sentence of new (c). |
LR 83.13(a) | The words "Chief Judge" substituted for "chair of the Calendar Management Committee..." |
LR 83.14 (a)(b)(c) | Title changed and sections modified pursuant to Standing Order 06-mc-9112. |
LR 83.15(a) | The word "Criterion" changed to "Criteria" throughout. |
LR 83.15(b)(1)(A) | Text of this section merged into LR 83.15(b)(1). |
LR 83.15(b)(1)(B) | Rule deleted. |
LR 83.16 | Rule deleted as now addressed in Fed. R. Civ. P. 7.1. |
December 1, 2009 | |
Generally | References to Appendix of Forms deleted. |
LR 83-3(a) | Changed "they" to "he" or she." |
LR 83-6(a) | Changed ten (10) days to fourteen (14) days. |
LR 83-6(b)(3) and (4) | Changed twenty (20) days to twenty-one (21) days. |
LR 83-11(a) | Added "except as provided in subsection (b)." and deleted ", if so doing so leaves the party unrepresented or without local counsel." |
LR 83-11(b) | Changed "the withdrawing" to "a withdrawing." Added phrase "by a member of the withdrawing attorney’s law firm or former law firm, if a member of the withdrawing attorney’s law firm or former law firm remains as . . ." Changed "co-counsel" to "counsel of record." |
LR 83-11(c) | Added subsection (c) governing withdrawal by counsel appearing pro hac vice. |
LR 83-13(b) | Changed "within ten (10) days of" to "within fourteen (14) days after." |
LR 83-14(b) | Changed the sentence, "They may be turned on when not in a courtroom, however, the device shall . . . " to "They may be turned on when not in the courtroom but must . . . " |
LR 83-14(c) | Changed typographical error from ceremonices" to "ceremonies." |
March 1, 2012 | |
LR 83-3(e) | Former LR 83-3(e)(2) removed. Former LR 83-3(e)(1) renumbered as LR 83-3(e). |
LR 83-6(b)(1) | Comma substituted for parenthesis. |
LR 83-13 | Modified the requirement of "each affected party" to be "the parties must jointly" notify the court by letter to the judge or send an e-mail to the appropriate courtroom deputy clerk when a motion has been under advisement for 60 days. Removed the requirement to notify the Chief Judge 45 days thereafter if the motion is not ruled upon. |
LR 83-15 | "ORS § 28-200-255" corrected to "ORS § 28.200-255." |
March 1, 2013 | |
LR 83 | General clerical corrections including addition of missing periods in the rule's Amendment History. |
LR 83-1(b) | Capitalization of "Office" when referencing the Clerk's Office. |
LR 83-1(e) | Added hyperlink to the Admissions forms and clarified location of the forms on the Court's website. |
LR 83-3(d) | Capitalization of "Office" when referencing the Clerk's Office. |
LR 83-6(a) | "Clerk" added as recipient of an attorney's notice of events affecting eligibility to practice. Practice Tip to LR 83-6(a) added. |
LR 83-6(c) | New subsection. |
LR 83-6(d) | Relettered due to addition of new subsection (c). |
LR 83-11(a) and (c) | Removed the phrase "and if appearance pro hac vice, on local counsel" at end of second sentence in light of amendments clarifying procedure for withdrawal for an attorney appearing pro hac vice. An attorney appearing pro hac vice may withdrawal from a case by notice rather than motion when an attorney from the same firm remains on the case. |
March 1, 2014 | |
LR 83-1(b) | Omitted "Forms (See Membership Application forms)" from caption. Added "See Attorney Admissions page available on the Court's website at ord.uscourts.gov under the For Attorneys menu" as new second sentence. |
LR 83-1(c) | Changed "at the time" to "when" and "Clerk" to "Clerk's Office." |
LR 83-1(d) | Omitted comma after "so" and changed "will be" to "is." |
LR 83-1(e) | Updated cross-reference in caption from "LR 100-2" to "LR 5-1." |
LR 83-1(e)(1) | Capitalized "office." |
LR 83-1(e)(2) | Changed "must" to "may." |
LR 83-3(a)(3) | Inserted "having" before "professional liability insurance," and changed "an equivalent financial responsibility" to "financial responsibility equivalent to liability insurance, that." |
LR 83-3(b) | Changed "For good cause shown, any attorney may move to have the Court waive the special admission fee in a particular case" to "Upon motion and for good cause shown, the Court may waive the special admission fee." |
LR 83-3(e) | Updated cross-reference in from "LR 100-8" to "LR 5-1(a)(2)." |
LR 83-4 | Changed "LR 83-1(c) and LR 83-2" to "LR 83-1(c), LR 83-2, and LR 83-3(a)(3)." |
LR 83-5(b) | Omitted "with the Clerk" after "filing" in first sentence. Omitted comma after "certification" in second sentence. Omitted "must otherwise" and changed "remain" to "remains" in third sentence. |
LR 83-5(c)(1) | Changed "on behalf of" to "for" in first sentence. Inserted comma after "attorney" in second sentence. Changed "judge of this Court before whom the appearance is to be made" to "assigned judge" in the second sentence. |
LR 83-5(c)(2) | Changed "in writing, filed with the Clerk, and" to "filed and will" in second sentence. |
LR 83-5(c)(3) | Changed "The member of the bar of this Court under whose supervision an eligible law student does any of the things permitted by these rules must assume responsibility for the student's guidance in any work undertaken and for supervising the quality of the student's work" to "The supervising attorney must supervise the student and is responsible for the quality of the student's work." |
LR 83-6(a) | Changed "fourteen (14)" to "14." Changed "they have" to "the attorney has." Added semicolons after items (1) through (3) and added "or" after semicolon at end of item (3). |
LR 83-6(a)(4) | Changed "their admissions" to "admission," changed "which" to "that," and changed "their eligibility" to "his or her eligibility." |
LR 83-6(b)(3) | Changed "twenty-one (21)" to "21." |
LR 83-6(b)(4) | Changed "presiding" to "assigned" and "twenty-one (21)" to "21." |
LR 83-6(c) | Corrected spelling of "sponsored." |
LR 83-6(d) | Changed "Bar's" to "Bar." Changed third sentence and added fourth sentence to clarify reinstatement requirements. |
LR 83-7(1)-(4) | Changed LR 83-7(1)-(4) to LR 83-7(a)-(d). In new LR 83-7(a), inserted "Oregon State Bar" before "standards," capitalized "Standards of Professional Conduct," and omitted "required of members of the Oregon State Bar" after "Conduct." In new LR 83-7(c), inserted "the" before "honesty." In new LR 83-7(d), changed "the obligations owed to his or her clients" to "his or her obligations to clients," omitted "to" before "the Court," and omitted comma after "Court." |
LR 83-8(b) | Changed "take a lack of cooperation into consideration in" to "consider lack of cooperation when." |
LR 83-10(a) | In first sentence, changed "their mailing address" to "his or her mailing address." In second sentence, omitted "Commensurate with filing the notice to the Court," changed "the" to "The" before "attorney," added "as necessary" after "Account," and changed "his/her" to "his or her." |
LR 83-10(b) | Omitted comma after "action." |
LR 83-11(a) | Changed "subsections (b) and (c)" to "subsections (b), (c), and (d)" |
LR 83-11(d) | New provision. Subsequent provision relettered. |
LR 83-12 | In caption, omitted "LR 100-8." In rule, changed "sixty (60)" to "60." |
LR 83-13(a) | Changed "sixty (60)" to "60." Changed "the assigned judge a letter or send an e-mail to the appropriate" to "a letter or e-mail to the assigned judge or his or her." |
LR 83-13(b) | Changed "fourteen (14)" to "14." |
LR 83-14(a) | Changed "PDA's" to "PDAs." |
LR 83-14(b) | Changed "will" to "must" in first sentence. |
LR 83-14(c)(1) | Inserted hyphen between "Court" and "approved." |
LR 83-14(c)(2) | Changed "Trial jurors" to "Jurors." |
LR 83-15(a) | Changed "will be" to "is." |
May 1, 2015 | |
LR 83-3(a)(3) | Clarified what "equivalent insurance" is. |
LR 83-6(d) | Set the three separate requirements out as a list. |
LR 83-7(a) | Deleted "form" because the Statement of Professionalism is not a form. |
LR 83-14 | Clarified definition of "wireless communication device." |
January 1, 2019 | |
LR 83-1(b) | Deleted "under the For Attorneys menu" after "ord.uscourts.gov." |
LR 83-1(e) | After "website," deleted "on the For Attorneys page under the Attorney Admissions tab" and inserted "at ord.uscourts.gov." |
LR 83-3(e) | Changed "pursuant to LR 5-1(a)(2)" to "through CM/ECF." |
LR 83-6(a)(4) | Added the following sentence: "This notification requirement applies when an attorney enters inactive status for any reason." |
LR 83-6(d) | In the title, added "or Return to Active Status" after "Action." |
LR 83-7(a) | Replaced "State Bar Standards" with "Rules." |
April 1, 2019 | |
LR 83-14 |
Changed title from "Wireless Communication Devices" to "Recording Devices; Wireless Communication Devices" |
LR 83-14(a)(1) |
New provision. |
LR 83-14(a)(2) |
Relettered from former LR 83-14(a). At the beginning of the provision, added "Wireless communication device." Deleted "For purposes of this rule, wireless communication devices include" from the beginning of the sentence and made the "A" in "Any" upper case. |
LR 83-14(b)(1) |
Deleted "and are not to be used to record pictures, videos, or audio at any time while inside the courthouse." |
LR 83-14(b)(2) |
Renumbered from former LR 83-4(c)(2). |
LR 83-14(c) |
Changed the title from "Exceptions" to "Exception." Deleted "(1)" from the numbering of the initial provision. |
LR 83-14(c)(2) |
Renumbered to LR 83-14(b)(2). |
January 21, 2020 | |
LR 83-1(c) |
Replaced "must be paid when the application for general or special admission is filed with the Clerk's Office" with "for general or special admission must be paid upon notice of fee due." |
LR 83-1(e) |
Deleted. |
LR 83-3(e) |
Deleted. |
LR 83-9(a) Practice Tip |
Deleted "using his or her individual login and password" after "Appearance." |
LR 83-10(a) |
Replaced "CM/ECF User Account as necessary" with "PACER account." |
December 1, 2020 | |
LR 83-3(a) |
Deleted "(See Application for Special Admission – Pro Hac Vice)" after subheading. |
LR 83-3(a)(1) |
Replaced period with semicolon at end of sentence. |
LR 83-3(a)(2) |
Deleted "and files a pro hac vice admission application in every case in which the attorney seeks to be specially admitted" after "fees." Replaced period with semicolon at end of sentence. |
LR 83-3(a)(3) |
Renumbered to LR 83-3(a)(5). Inserted "Registers to e-file in CM/ECF for the District of Oregon" followed by a semicolon. |
LR 83-3(a)(4) |
New subsection number. Inserted "files a motion for leave to appear pro hac vice in every case in which the attorney seeks to be specially admitted (to ensure proper CM/ECF registration, local counsel is not to file the motion); and." |
LR 83-3(a)(5) |
New subsection number, renumbered from LR 83-3(a)(3). |
LR 83-3(c) |
Replaced "application for special admission" with "motion for leave to appear pro hac vice." |
LR 83-13 |
Deleted. |
LR 83-14 |
Renumbered to LR 83-13. |
LR 83-15 |
Renumbered to LR 83-14. |
LR 83-15(b)(1) |
Replaced "LR 83-15(a)" with "LR 83-14(a)." |
July 1, 2021 | |
LR 83-2 | Inserted "with full privileges" between "active members" and "in good standing." |
LR 83-6 | Inserted "Change in Status," to the beginning of the rule title and added a comma after "Suspension." |
LR 83-6(a)(1) | Inserted new rule: "Entered any admission status to the Oregon State Bar other than active status with full privileges." |
LR 83-6(a)(2) | Renumbered from LR 83-6(a)(1). |
LR 83-6(a)(3) | Renumbered from LR 83-6(a)(2). |
LR 83-6(a)(4) | Renumbered from LR 83-6(a)(3). |
LR 83-6(a)(5) | Renumbered from LR 83-6(a)(4). |
September 3, 2024 | |
LR 83-9 Practice Tip |
Deleted. |
LR 83-10(a) |
Replaced "unrepresented" with "self-represented." Deleted "business" before "e-mail." |
83-10(b) |
Deleted "business" before "e-mail" in the rule subheading and body of the rule. |
Note: As of March 1, 2014 the electronic filing provisions of former LR 100 have been moved to Civil LR 5 and Criminal LR 49.
This Timetable was prepared by the Court's Local Rules Advisory Committee. It is to be used as a supplemental guide to the Time Table for Lawyers included with the published version of the Federal Rules of Civil Procedure. This timetable summarizes the unique time limits imposed by the local rules of practice of this District Court. The user should always consult the actual text of the appropriate federal or local rule or statute.
Attorneys may inquire at any time regarding the status of any matters pending before the Court. Contact information is available on the Court's website.