Timetable for Lawyers

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.

After Hours Filings (See LR 77-2)

  • Statute of Limitations or Other Provisional Process Issues (LR 77-2(a)): 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 to make arrangements.
  • Late Filings of Materials Relating to Court Imposed Deadlines (LR 77-2(b)): Unless directed by the Court, the Clerk's Office will not remain open after normal business hours to receive a party's paper filing of a non-statute of limitations related document.

Alternative Dispute Resolution (ADR) (See LR 16-4)

  • ADR Conference Requirements (LR 16-4(c)): Within 120 days from the initiation of the lawsuit, counsel must confer with all other attorneys and all unrepresented parties about ADR options.
  • Joint ADR Report (LR 16-4(d)): Within 150 days of the initiation of the lawsuit, the parties must file a Joint ADR Report.  (See the "Joint ADR Report" form available on the Court's website.)
  • Notice of Private ADR Settlement or After Failure to Achieve a Settlement (LR 16-4(h)(1)): Not later than seven days after the conclusion of private ADR, plaintiff's attorney will notify the Court in writing of the results.

Attorney Fees (See LR 54-3)

  • Motion for Award of Attorney Fees (LR 54-3(a) and Fed. R. Civ. P. 54(d)(2)): Unless otherwise ordered by the Court or statute, must be filed not later than 14 days after the entry of judgment, or receipt and docketing of the appellate court's mandate, and filed concurrently with any bill of costs. (See also LR 54-1(a)(1).)
  • Objections (LR 54-3(b)): Must be filed 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.

Bill of Costs (See LR 54-1)

  • Bill of Costs (LR 54-1(a)(1)): Must be filed not later than 14 days after the entry of judgment, or receipt and docketing of the appellate court's mandate.
  • Objections (LR 54-1(b)): Must be filed not later than14 days after service of the Bill of Costs.
  • Objections to the Clerk's Order Taxing Costs (LR 54-2(b)): Must be filed not later than 14 days after the filing of the order.

Compel (See LR 37)

  • Compliance with Order (LR 37-2): Unless otherwise directed by the Court, compliance must be within 14 days after entry of the order.

Discovery Completion (See LR 16-1(d))

  • The Clerk's Office will issue a scheduling order as appropriate for the case.  The Discovery and Pretrial Scheduling Order issued at the time of case initiation provides for discovery to be completed within 120 days from the date of the Order. (See "Discovery and Pretrial Scheduling Order" form.)

Discovery Provisions (See LR 26)

  • Initial Conference of Counsel for Discovery Planning (LR 26-1): Unless exempted or otherwise ordered by the Court, within 30 days after all defendants have been served, the parties must hold an initial conference for discovery planning.

Dismissals (See LR 41)

  • Involuntary Dismissal (LR 41-2(b)): Not later than seven days prior to the hearing date, each party will file and serve statements describing the status of the action or proceedings to date; and whether good cause exists to dismiss the action or proceeding for failure to prosecute.
  • Voluntary Dismissal (LR 41-1(a)): 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.

Electronic Filings (See LR LR 5-11)

  • Judge's Paper Copy Requirements (LR 5-11): A paper copy of electronically filed documents set out in LR 5-11 and the Notice of Electronic Filing must be marked as a "JUDGE'S COPY"  and must be delivered to the Clerk's Office within three business days.
  • Electronic Filing Deadlines (LR 5-3(b)): The filing deadline for any document is 11:59 p.m. (Pacific Time) on the day the document is required to be filed.

Exhibits (See LR 77-6)

  • Disposition of Unclaimed Exhibits (LR 77-6(b)): Unless otherwise ordered by the Court, exhibits not withdrawn within 60 days after notice, may be destroyed or otherwise disposed of by the clerk.  (See also LR 77-5.)

Mediation (See LR 16-4(f))

  • Failure to Select a Court-sponsored Mediator (LR 16-4(f)(2)(B)): If the parties cannot agree upon a mediator within 14 days after entry of the order, each party will submit its list of three acceptable mediators to the assigned judge, who will then designate a mediator.

Pretrial Order (See LR 16-5)

  • Service and Filing of a Proposed Pretrial Order (LR 16- 5(c)(1)):  Unless modified by the Court, the plaintiff will, at least 30 days before the filing date, prepare and serve on all parties a proposed pretrial order.
  • Objections, Additions, and Changes (LR 16-5(c)(2)): Within 14 days after service of the proposed pretrial order, each party will serve on all parties the objections, additions, and changes such party believes should be made to the proposed pretrial order.
  • Filing with the Court (LR 16-5(a) and (c)(4)):  The proposed pretrial order must be signed by the parties, and the plaintiff must file it with the Court on or before the date ordered by the Court.  The proposed order will also be submitted via e-mail to the Court (See LR 5-11(c) and Practice Tip).

Reply (See LR 7)

  • Motions Filed Pursuant to Fed. R. Civ. P. 56 (LR 7-1(f)(2)): Unless otherwise ordered by the Court, a party must file and serve any reply to the response within 14 days after service of the response.
  • Motions Other Than Motions Filed Pursuant to Fed. R. Civ. P. 56 (LR 7-1(e)(2)): A party must file and serve any allowable reply to a response within 14 days after service of the response.
  • Discovery Motions (LR 26-3(c)): Unless otherwise directed by the Court, replies to discovery motions are not permitted.
  • Motions to Strike (LR 56-1(b)): Unless otherwise directed by the Court, replies to motions to strike are not permitted; rather, a party may assert evidentiary objections in its response or reply memorandum.

Response (See LR 7)

  • Motions Filed Pursuant to Fed. R. Civ. P. 56 (LR 7-1(f)(1)): A party must file and serve any response within 21 days after service of the motion.
  • Motions Other Than Motions Filed Pursuant to Fed. R. Civ. P. 56 (LR 7-1(e)(1)): A party must file and serve any response within 14 days after service of a motion.
  • Response to Order to Show Cause: (LR 83-6(b)(3)): Within 21 days from the date of the Order to Show Cause.

Suspension or Disbarment (See LR 83-6)

  • Duty of Counsel to Notify the Court (LR 83-6(a)): Every attorney must notify the Clerk, Chief Judge, and the assigned judge in writing within 14 days.
  • Response to Order to Show Cause: (LR 83-6(b)(3)): Must be filed within 21 days from the date of the Order to Show Cause.
  • Final Order for Disciplinary Action (LR 83-6(b)(4)): Will be entered at the conclusion of any hearing, or within 21 days if no response is filed by the attorney.

Waiver of Service of Summons (See LR 4-4)

  • Return Requirements (LR 4-4(a)): Unless otherwise permitted by the Court, the waiver should be returned 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.

Amendment History
2009
The Timetable for Lawyers has been moved from the Local Rules "forms section" to a more prominent position at the beginning of the Local Rules.  Rule references in the time table have been edited to match the numbering style in the Federal Rules of Civil Procedure by changing dots to dashes in the rule numbers, and by correcting rule number references as appropriate.
March 1, 2012
Cross-references to rules updated; "Service and Lodging of a Pretrial Order" was changed to "Service and Filing of a Proposed Pretrial Order" in conformance with LR 16-6.
March 1, 2013
Cross-references to rules updated.
March 1, 2014
Cross references to rules updated. Instances of "7" were changed to "seven," and "3" was changed to "three."
March 1, 2016
Cross references to rules updated. 

LR 1 - Scope and Purpose

(See Fed. R. Civ. P. 1)

LR 1-1 Scope and Application

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.

LR 1-2 Effective Date

These local rules are effective on January 1, 2018.  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).

LR 1-3 Citation Format

The local civil rules will be cited as "LR ____ - ____."

LR 1-4 Authority to Modify or Suspend the Local Rules

In the interest of justice, a judge may suspend or modify the application of these rules in an individual case or group of cases.

LR 1-5 Definitions

Unless the context requires otherwise, the following definitions apply to all proceedings within the District of Oregon:

(a) Clerk

refers to the Clerk of the District Court and to any authorized deputy clerk.

(b) CM/ECF

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.)

(c) Counsel

includes counsel of record for any represented party, any unrepresented or pro se party, and any law student appearing pursuant to LR 83-5.

(d) Court

refers to the United States District Court for the District of Oregon and not to any particular judicial officer.

(e) Electronic Filing

means any pleading, document, exhibit, memorandum, or other material filed using the CM/ECF system. (See LR 5.)

(f) Electronic Service

means service of any electronic filing using the CM/ECF system. (See LR 5-1.)

(g) Judge or Judicial Officer

applies to any United States circuit, district, or magistrate judge exercising jurisdiction over a particular case or proceeding.

(h) Notice of Electronic Filing (See LR 5-4)

refers to the document reflecting completion of the CM/ECF transaction, displaying the case number(s), date of filing, docket text, and identifying who was notified by e-mail.

(i) Party

includes counsel of record for the represented party.

(j) PDF Text Searchable Format (See LR 5-2(b) and Section 5 of the CM/ECF User Manual available on the Court's website at ord.uscourts.gov.)

(k) Registered User

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).


Amendment History to LR 1
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."

LR 3 - Commencement of Action

(See Fed. R. Civ. P. 3)

LR 3-1 Locations for Filing

  1. See 28 U.S.C. § 117 for locations where Court may be held.
  2. The Court is open to receive filings in Portland, Eugene, and Medford.

LR 3-2 Divisions of Court

(a) The following divisions of court and corresponding codes are established to identify divisional venue, distribute the judicial work, and to align counties for juror management purposes:

  1. Portland Division (Division Code is 3)
    Clackamas, Clatsop, Columbia, Hood River, Jefferson, Multnomah, Polk, Tillamook, Wasco, Washington, and Yamhill.
  2. Pendleton Division (Division Code is 2)
    Baker, Crook, Gilliam, Grant, Harney, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler.
  3. Eugene Division (Division Code is 6)
    Benton, Coos, Deschutes, Douglas, Lane, Lincoln, Linn, and Marion.
  4. Medford Division (Division Code is 1)
    Curry, Jackson, Josephine, Klamath, and Lake.

(b) Pleading Requirement: Assignment to a Division

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

JANE DOE,
Plaintiff,

v.

JOHN DOE,
Defendant.

Case No.:

COMPLAINT
Personal Injury Action (28 U.S.C. § 1332)
DEMAND FOR JURY TRIAL

LR 3-3 Place of Trial

(a) Usual Place of Trial

Unless otherwise directed by the Court, cases will be tried in the division assigned under LR 3-2(b).

(b) Other Places for Conducting Trials

In the interests of justice, the Court may order that the case be tried at any other place within the district.

LR 3-4 Initial Filing Requirements

(a) Advance Payment Required (See 28 U.S.C. § 1914(c))

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).

(b) Applications to Proceed In Forma Pauperis (See 28 U.S.C. § 1915)

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.)

(c) Civil Cover Sheet

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.

Practice Tips

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).

LR 3-5 Additional Service Requirements

(a) Case Management Scheduling Orders and Other Papers (See LR 16-1)

Upon case initiation, the Clerk's Office will issue certain documents as enumerated in LR 16-1.

(b) Issuance of Summons Electronically

The Clerk's Office may issue summons electronically by placement of the Court's seal and signature of the issuing clerk in the manner described in LR 11-1(b) on the process documents submitted by the plaintiff(s).

(c) Responsibility to Serve

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

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.

LR 3-6 Sealed Cases (See LR 26-4)

(a) New Action

At the time a complaint is presented for filing, any party seeking to file the case under seal must either:

  1. File a motion and supporting memorandum requesting the Court to seal the case. Pending the Court's ruling on the motion to seal, the case, complaint, and motion will be withheld from the public record; or
  2. Provide a citation to the authorizing legislation. Pending verification of the legislation, the case, complaint, and motion will be sealed and withheld from the public record.

(b) Pending Action

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 5-5(b).)

(c) Proposed Order to Seal a Case

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:

  1. Grant the motion and direct the clerk to file the case and all subsequent papers and records under seal and to limit future access to the sealed case to those individuals included in the order; or
  2. Deny the motion and direct the clerk to file the case in the public records of the Court.

(e) Access to Sealed Cases

Subsequent access to the sealed case will be regulated by controlling statute or court order.

LR 3-7 Sealed Documents

This provision applies to documents sealed by orders other than a protective order. For documents to be filed under seal pursuant to an existing protective order in a civil case, see LR 26-4(c).

(a) Sealed Documents Generally

Portions of a document cannot be placed under seal. Instead, the entire document must be placed under seal in order to protect the confidential information and remote access to filed sealed documents is restricted to court users only.

(b) Filing a Document Sealed by Previous Court Order Other Than by Protective Order

When a previous court order other than a protective order authorizes the filing of a document or other materials under seal, the filing party must present the clerk with a copy of the court order and submit the materials in an envelope provided by the Clerk's Office marked "SEALED MATERIALS." In addition, all documents authorized to be filed under seal must have the words "AUTHORIZED TO BE FILED UNDER SEAL" typed directly below the document title. See LR 26-4(c) addressing documents filed under seal pursuant to a protective order in a civil case.

(c) Motions to File a New Document Under Seal

Motions to file a new document under seal - even those offered by stipulation of the parties - will be handled as in camera submissions pursuant to LR 3-8.

(d) 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 and proposed order pursuant to LR 3-7(e).  Unless requested, the motion will be treated as a discovery motion pursuant to LR 26-3 and LR 26-4.

(e) Order to Seal Documents

A proposed order to seal a document must include language that identifies the persons authorized to review, copy, photograph, and/or inspect the materials.

LR 3-8 In Camera Submissions

(a) 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 3-8(c).

(b) Tendered to the Clerk's Office

Documents tendered ex parte to the Clerk's Office for transmission to the Court and subsequent in camera inspection must be:

  1. Accompanied by a transmittal letter or motion to the assigned judge requesting that the materials be reviewed in camera; and
  2. Enclosed in a separate envelope provided by the Clerk's Office and marked to include the following information:

    Example

    Case caption including case number

    Sealed Materials
    For In Camera Inspection

    Submitted by: name of attorney, representing (name of party)

(c) Court Responsibility

After completing the in camera inspection, the Court will direct the Clerk's Office to:

  1. File the documents or materials in the public record; or
  2. File the documents under seal with appropriate disclosure instructions to the clerk; or
  3. Direct that the documents should be returned to the offering party with appropriate instructions.

 


Amendment History to LR 3
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."

 

 

LR 4 – Summons

(See Fed. R. Civ. P. 4)

LR 4-1 Summons (See Fed. R. Civ. P. 4(a) and (b))

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 pro se.

LR 4-2 Amended Summons (See Fed. R. Civ. P. 4(a))

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).

LR 4-3 Service by U.S. Marshals Personnel (See Fed. R. Civ. P. 4(c)(3))

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.

LR 4-4 Waiver of Service of Summons - Option (See Fed. R. Civ. P. 4(d))

(a) Time Limits (See Fed. R. Civ. P. 4(d)(1)(F))

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.

(b) Motion to Collect the Cost of Service (See Fed. R. Civ. P. 4(d)(2))

A motion and affidavit or declaration to recover costs of service pursuant to Fed. R. Civ. P. 4(d)(2) must include:

  1. Certification of the actions taken to implement the waiver of service option;
  2. Itemization of the costs incurred in effecting service pursuant to Fed. R. Civ. P. 4(e), (f), or (h); and
  3. Explanation of the method and rates used to calculate any reasonable attorney fees associated with the motion.

Amendment History to LR 4
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."

LR 5 - Service and Filing of Pleadings and Papers

(See Fed. R. Civ. P. 5)

LR 5-1 Types of Filers; Implications for Receipt of Service

(a) Registered Users

Attorneys admitted to the bar of this Court pursuant to LR 83-1, LR 83-3, and LR 83-4 must register with the Clerk's Office to establish a User Account in the CM/ECF system. Upon registration, attorneys are deemed to be Registered Users for purposes of these Local Rules.

  1. Mode of Filing

    Unless otherwise limited by these rules, Registered Users must file all pleadings, documents (including attachments and exhibits), and other papers electronically through the CM/ECF system.

  2. Receipt of Service

    Unless a Registered User has notified the Court that he or she wishes to opt out of electronic service, the Registered User has consented to receive service electronically and waived the right to receive such service by first class mail or personal service pursuant to Fed. R. Civ. P. 5(b)(2)(E). This consent does not affect service of a summons and complaint pursuant to Fed. R. Civ. P. 4; i.e., there is no electronic service of a complaint. Waiver of service and notice by first class mail applies to notice of the entry of an order or judgment.

(b) Non-Registered Users

For good cause shown in a specific case, attorneys may apply to the assigned judge for an exemption from the CM/ECF electronic filing requirements. (See LR 83-1(e).) Non-Registered Users include attorneys in the process of applying for admission to practice in the Court and any pro se party who is not approved by the Court as a Registered User.

  1. Mode of Filing
    1. Non-Registered Users, other than attorneys, must file all documents with the Clerk's Office in paper form.
    2. An attorney who is not a Registered User as described in LR 1-5(k) must submit the following initial case pleadings and documents as text-searchable PDF files on a CD-R at the time of case initiation: Complaint, Notice of Removal, and any State court papers in removal actions. The Civil Cover Sheet is to be included on the CD-R as a separate PDF file, but is not required to be in a text-searchable format. Any proposed summons for issuance must be included on the CD-R. Corporate Disclosure Statements, if filed at the same time as the Complaint or Notice of Removal, must be included on the CD-R as a separate text-searchable PDF file.
  2. Receipt of Service

    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. (See LR 5-4(c).)

(c) Pro Se Party Litigants

A pro se party may apply to the assigned judge for permission to become either: (1) a Registered User; or (2) a recipient of electronic filing notices by e-mail without becoming a Registered User.

  1. Registered User

    If approved as a Registered User, the Clerk will assign the pro se party a CM/ECF login and password. That individual will become a Registered User in the specific case, and the receipt by the pro se party of the Court's e-mail notices of electronic filing will constitute service upon the pro se party.

  2. Non-Registered User Receiving Electronic Filing Notices

    If the pro se party is approved to receive electronic filing notices without becoming a Registered User, then the pro se party will not have access to the CM/ECF system for the purpose of filing documents, and there is no consent to electronic service by the pro se party. Accordingly, opposing parties are still required to serve paper copies of any documents on a pro se party who is approved to receive electronic filing notices by e-mail, but is not approved to become a Registered User.

LR 5-2 Electronic Filing

(a) CM/ECF User Manual

Registered Users are to 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 the CM/ECF system. Notice of any updates will be posted on the Court's website.

(b) Text-Searchable PDF Files Required

All pleadings and documents, including attachments and exhibits, must be filed as text-searchable PDF files, unless otherwise directed by the Court.

(c) Hyperlinks

  1. Authorization

    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.

  2. Citation Format

    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.

  3. Disclaimer

    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.

(d) Facsimile (FAX) Filings (See Fed. R. Civ. P. 5(d))

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.

(e)Exception for Filing of Administrative Records in Cases Seeking Judicial Review of Agency Actions

  1. Agency counsel filing an administrative record in cases seeking review of an agency action, as defined in the statute authorizing such review, must either:
    1. File the administrative record electronically and provide a paper judge's copy (see LR 5-10); or
    2. File a CD-ROM containing the administrative record as a physical exhibit by submitting it to the Clerk's Office attached to a Notice of Filing of the Administrative Record.  The Clerk's Office will docket the CD-ROM as a physical exhibit to the Notice.  The Clerk's Office will not transfer the content of the CD-ROM to CM/ECF, but in the event of appeal, will transmit the CD-ROM as part of the record.  When filing the notice, the agency's counsel must submit to the Clerk's Office a judge's copy of the CD-ROM.
  2. This exception does not apply to Social Security disability benefit appeals arising under 42 U.S.C. §§ 405(g) and 1383(c).
Practice Tip
In actions arising under 42 U.S.C. §§ 405(g) and 1383(c), agency counsel must file the administrative record as directed by Standing Order 2016-12, In re: The Electronic Filing of the Administrative Record in Social Security Cases.

LR 5-3 Filing Availability and Deadline

(a) Availability

  1. Electronic filing via the CM/ECF system is permitted at all times, except when the system is temporarily unavailable.
  2. For after-business hours filing of documents in paper form, see LR 77-2.

(b) Deadline

The filing deadline for any document is 11:59 p.m. (Pacific Time) on the day the document is required to be filed.

(c) Completion of Filing

A document will be considered filed when all components of the document reside in the official court record.

(d) Scheduled Court Proceedings

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.

LR 5-4 Service

(a) CM/ECF Electronic Service

Completion of Service: Electronic service is complete upon transmission of the Notice of Electronic Filing but is not effective if the serving party learns that it did not reach the person to be served.

(b) Notice of Electronic Service

The Notice of Electronic Filing will be transmitted to all Registered Users who have appeared in the case. Confirmation of receipt of the Notice of Electronic Filing fulfills the notice requirements of Fed. R. Civ. P. 5(b) and 77(d), and the filing party is not required to file a Certificate of Service. (See LR 5-4(c) for Certificate of Service requirements for paper documents.)

(c) Paper Service

The filing party is responsible for perfecting paper service in any manner permitted by the Federal Rules of Civil Procedure (and for filing a Certificate of Service with the Clerk's Office) for every:

  1. Document permitted by these rules to be filed in paper instead of electronically;
  2. Electronic filing that could not be electronically served upon a party or Registered User who appeared in the action; and
  3. Document filed under seal not served via electronic service.

LR 5-5 Documents that Must be Filed in Paper

The following documents cannot be filed electronically and must instead be filed in paper:

  1. Case Initiating Documents Filed by Non-Registered Attorneys in Civil Cases. Unless otherwise ordered by the Court or permitted by these Local Rules, an attorney who is not a Registered User as described in LR 1-5(k) will file case initiating documents in paper and must also present a CD-R containing text-searchable PDF files of initial case papers at the time of filing.
  2. Sealed and In Camera Documents Not Filed Electronically. Except those documents authorized for filing by a Registered User under seal pursuant to a protective order in a civil case, sealed and in camera documents must be filed in paper. (See also LR 3-6, LR 3-7, and LR 26-4(b) and (c).)
  3. Individually Identifiable Health Information Protected under HIPAA. (See also 45 C.F.R. § 160.103.)

Practice Tip

Return of Service documents must be electronically filed.

Note: Pursuant to Standing Order 2017-4, effective March 6, 2017, the Individual "Consent to Jurisdiction by a Magistrate Judge and Designation of the Normal Appeal Route" and concurrently filed certificate of service for that form are not required to be filed in paper. Those documents may be filed electronically.

LR 5-6 Paper Requirements

Paper copies filed with the clerk must be on one-sided 8 ½" x 11" white paper of good quality (not less than 13-pound weight), flat and unfolded, without back or cover. The paper must not be numbered down the left margin (except for exhibits that are deposition transcripts).

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.

LR 5-7 Exhibits

(a) Demonstrative, Physical, or Oversized Exhibits

Demonstrative, physical, or oversized exhibits need not be filed electronically.

(b) Trial Exhibits

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.

LR 5-8 Clerk's Conversion of a Paper Filing into an Electronic Replacement

Clerk's Office staff may scan and convert a paper filing in its entirety to an electronic replacement for posting to the CM/ECF system. If a clerk does so, the paper filing may be returned to the filing party or disposed of in accordance with guidance from the Administrative Office of the U.S. Courts.

LR 5-9 Transcripts

Transcripts of courtroom proceedings held before judicial officers will be electronically filed.

LR 5-10 Judge's Paper Copy Requirements (See LR 5-6 and LR 10-1(e) and Practice Tips)

(a) Registered Users

Unless otherwise ordered by the Court, a paper copy, properly fastened pursuant to LR 10-1(e), 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.

(b) Non-Registered Users

Unless otherwise required, Non-Registered Users need not provide a judge's copy.

LR 5-11 Documents Not Filed With the Court

(a) Documents Retained by Parties

Unless required by the Court in a particular proceeding, the following documents must be retained by the parties and not filed with the Court:

  1. Notices of depositions and transcripts (see LR 27 and LR 30);
  2. Interrogatories and responses (see LR 33);
  3. Requests for production and responses (see LR 34);
  4. Requests for admissions and responses (see LR 36);
  5. Expert witness disclosures (see LR 16 and LR 26);
  6. Unaccepted offers of judgment (see LR 68); and
  7. Initial Disclosures. (see LR 26)

(b) Service of Non-Filed Documents on Parties

Any document enumerated in LR 5-11(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 Microsoft Word or WordPerfect format, not in PDF format, unless otherwise agreed by the parties.

Commentary
The purpose of LR 5-11(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.

(c) Proposed Forms of Orders or Judgments (See LR 10-7)

  1. Proposed forms of orders or judgments should not be submitted unless stipulated to by the parties or requested by the Court.
  2. When requested by the Court, a proposed form of order or judgment submitted by counsel must include the words "SUBMITTED BY" and the signature line requirements of LR 11-1, e.g.
    Example SUBMITTED BY: John Q. Attorney
    John Q. Attorney
    OSB # 999-99999
    (541) 999-9999
    Attorney for Plaintiff Smith Corporation, Inc.
  3. If requested, the proposed document should be e-mailed in MS Word or WordPerfect format to the applicable judge. See Practice Tip for an example.

Practice Tip

E-mail addresses in the following format have been established for each Chambers to receive submitted jury instructions and proposed forms of order under LR 5-11(c): . In this example, the initials HZ are for Judge Hernandez and the initials are to change for each judge.

(d) Return of Unfiled Documents or Correspondence

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.

(e) Letter Correspondence to the Court

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.)

LR 5-12 Request for Conformed Copies

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.

LR 5-13 Court Orders and Judgments

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

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.

LR 5-14 Retention Requirements (See LR 10-3)

(a) Documents Containing Original Signatures of Non-Registered Users

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:

  1. The final disposition of the case, including appeal or expiration of the time for appeal; or
  2. The expiration of any relevant statute of limitations.

(b) Production of Original

On request of the Court or a party, the Registered User must provide the document for review.

LR 5-15 Personal Privacy Issues (See also LR 10-3)

Information posted on the CM/ECF system may not be downloaded for uses inconsistent with the privacy concerns of any person.


Amendment History to LR 5
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).

LR 5.2 - Redaction of Filings

(See Fed. R. Civ. P. 5.2)

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
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.

LR 6 - Computing Time After Service

(See Fed. R. Civ. P. 6(d))

 

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.

Amendment History to LR 6
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."

LR 7 - Motions Practice

(See Fed. R. Civ. P. 7)

LR 7-1 Motions Practice - Generally

(a) Certification Requirements

  1. Except for motions for temporary restraining orders, the first paragraph of every motion must certify that:
    1. In compliance with this Rule, the parties made a good faith effort through personal or telephone conferences to resolve the dispute and have been unable to do so; or
    2. The opposing party willfully refused to confer; or
    3. The moving party or opposing party is a prisoner not represented by counsel.
  2. When conferring about a dispositive motion, the parties must discuss each claim, defense, or issue that is the subject of the proposed motion.
  3. The Court may deny any motion that fails to meet this certification requirement.
  4. A party filing a motion should state "UNOPPOSED" in the caption if the other parties to the action do not oppose the motion.
Practice Tips
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 proceeding pro se, counsel should document a good faith effort to consult with the unrepresented party. The Court will determine compliance with LR 7-1 on a case by case basis. (See LR 55-1)
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.

(b) Separately Stated Motion

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.

(c) Supporting Memoranda (See Fed. R. Civ. P. 7(b))

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.

(d) Limitations on Oral Argument

  1. Court Hearing: The Court will determine whether oral argument would help it resolve the matter. If the Court elects to hear oral argument, the Court will notify the parties of the date and time for any hearing.
  2. Request for Oral Argument: A party seeking oral argument must include "Request for Oral Argument" on the last line of the caption to the motion or response.

    Example Plaintiff Smith Corporation's
    MOTION FOR PROTECTIVE ORDER
    Pursuant to Fed. R. Civ. P. 26(c)(1)
    Request for Oral Argument
  3. Oral Argument by Telephone Conference: A party may request that oral argument be by telephone conference.
  4. Waiver of Oral Argument: A party waives oral argument by:
    1. Failing to timely file any memorandum or other statement required by LR 7, LR 26, LR 37, or LR 56; or
    2. Filing late any paper allowed by LR 7, LR 26, LR 37, or LR 56.

(e) Time Limits for Motions Other Than Motions Filed Pursuant to Fed. R. Civ. P. 56

  1. Response: A party must file and serve any response within 14 days after service of the motion.
  2. Reply: A party must file and serve any allowable reply to the response within 14 days after service of the response. (See LR 26-3(c).)

    Practice Tip
    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, and no reply is permitted in response to a motion to strike pursuant to LR 56-1(b).
  3. Other Memoranda: Unless directed by the Court, no further briefing is allowed.
  4. Taking Under Advisement: Unless otherwise directed by the Court, both discovery and non-discovery motions will be taken under advisement at the close of the time limits set forth in LR 7-1(e).

(f) Time Limits for Motions Filed Pursuant to Fed. R. Civ. P. 56

  1. Response: Unless otherwise ordered by the Court, a party must file and serve any response within 21 days after service of the motion.
  2. Reply: Unless otherwise ordered by the Court, a party must file and serve any reply to the response within 14 days after service of the response. (See LR 26-3(c).)
  3. Other Memoranda: Unless directed by the Court, no further briefing is allowed other than the briefing allowed under LR 56-1(b).

(g) Request for Expedited Hearing

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

(h) Reminders to the Court (See LR 83-13)

LR 7-2 Non-Discovery Motions

(a) Document Designation (See LR 10-2)

The document title must substantially comply with the following format:

Example Defendant ABC Corporation's
MOTION FOR SUMMARY JUDGMENT

(b) Word-Count or Page Limits

  1. Without prior Court approval, memoranda (including objections to a Findings and Recommendation of a Magistrate Judge and responses to such objections) may not exceed 11,000 words, or in the alternative, 35 pages. If the document exceeds the page limit, then the party must certify compliance with the word-count limit. This limitation includes headings, footnotes and quotations, but excludes the caption, table of contents, table of cases and authorities, signature block, exhibits, and any certificates of counsel.
  2. Certificate of Compliance: The person preparing the certificate may rely on the word-count of the word processing system used to prepare the brief. The certificate must state the number of words in the memorandum. Use of the suggested form of "Certificate of Compliance" displayed in the example below will be regarded as sufficient to meet the requirements of this rule.

    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.

(c) Calendaring (See LR 7-1(d)(1) and LR 7-1(e)(4))

LR 7-3 Discovery Motions (See LR 26-3)

LR 7-4 Preliminary Injunctions and Temporary Restraining Orders (See LR 65)

LR 7-5 Motions for Summary Judgment (See LR 56)

LR 7-6 Motions to Consolidate Complex or Related Cases (See LR 42)


Amendment History to LR 7
June 1, 2002
LR 7.1(a)(1) Motions for Temporary Restraining Orders specifically excluded.
LR 7.1(a)(1)(c) New Rule.
LR 7.1(b) New Rule.
Subsequent rules renumbered.
LR 7.2(b) The phrase "(including objections....)" added.
June 1, 2006
Generally The word "brief" and "briefs" stricken and replaced with "memorandum" or "memoranda" as appropriate throughout.
Cross-references updated.
Document Title examples modified throughout.
"Advisory Note" changed to "Practice Tip."
LR 7.1(a)(3) New Rule.
Item #2 added to Practice Tip.
LR 7.1(c) The word "Affidavit" stricken from the heading title.
The sentence beginning "A legal memorandum...." added.
LR 7.1(d) Deleted this section and moved it to LR 7.1(c).
Subsequent sections 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.

LR 7.1 - Disclosure Statement

(See Fed. R. Civ. P. 7.1)

LR 7.1-1 Disclosure Statement

In diversity actions, any party that is a limited liability corporation (L.L.C.), a limited liability partnership (L.L.P.), 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 L.L.C., L.L.P., or partnership are citizens.  If any owner/member/partner of the L.L.C., L.L.P., or partnership is another L.L.C., L.L.P., or partnership, then the disclosure statement must also list those states from which the owners/members/partners of the L.L.C., L.L.P., or partnership are citizens.

Practice Tip
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
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.

LR 10 - Form of Pleadings and Other Documents

(See Fed. R. Civ. P. 10)

LR 10-1 Format Requirements

(a) Legibility

Pleadings and other documents must be typewritten, neatly printed, or otherwise legibly reproduced, using blue or black ink.

(b) Line Spacing

Pleadings and other documents must be double-spaced except for the identification of counsel, title of the case, footnotes, quotations, and exhibits.

(c) Minimum Type Size for Text, Footnotes, and Endnotes

Typewritten materials, including footnotes and endnotes, must use no smaller than a 12-point font.

(d) Page Margins

Pleadings and other documents must have one inch margins on the top, bottom, left, and right sides.

(e) Stapled or Fastened

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. (See LR 5-6.)

(f) Pagination Requirements

  1. Every page of a pleading or other document (not including attachments or exhibits) must bear a footer with a brief description of the pleading or document and consecutive numbering at the bottom of the page.
  2. Exhibits or attachments to pleadings and other documents must be clearly numbered.
Practice Tips
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.

LR 10-2 Caption Requirements (See LR 15-1 and Model Form for Pleadings and Other Documents)

(a) Counsel Information

Insert counsel information (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
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(c) and LR 5-5), the Court will send paper notices only to "lead counsel" in Oregon or pro se litigants.

(b) Court Title

Double space, capitalize and center the title of the Court at least one inch below the last line of the counsel information paragraph.

(c) Clerk's Authorization to Return Documents

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.

(d) Party Names

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
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).

(e) Eliminate Brackets Following Party Name Information

Do not use brackets ")" to set off party names from the document title.

(f) Case Number

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.

(g) Document Title

At least two lines below the case number, single space and capitalize a concise description of the nature of the document.

Practice Tip
A Model Form for Pleadings and Other Documents may be found on the Court's website.

 

LR 10-3 Affidavits and Declarations

(a) Filed Separately

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

(b) Signature Notarized

The affiant's signature on an affidavit must be notarized.

(c) Unsworn Declaration

An unsworn declaration under penalty of perjury may be filed pursuant to 28 U.S.C. § 1746. (See also LR 5-14.)

LR 10-4 Patent, Trademark, or Copyright Cases (See LR 26-6)

(a) Document Title

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

(b) Pleading Requirements

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.

LR 10-5 Individuals with Disabilities Education Act (IDEA) Cases

(a) Document Title Requirements

The words "Individuals with Disabilities Education Act (IDEA)" must appear in the document title.

Example COMPLAINT
Individuals with Disabilities Education Act (IDEA)

(b) Court Scheduling Order

When the complaint is filed, the Court will issue the Individuals with Disabilities Education Act Scheduling Order.

LR 10-6 Page or Word-Count Limitations

DocumentPage or Word-Count LimitsLocal RuleComment
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
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
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.

 

 

LR 11 - Signature Requirements

(See Fed. R. Civ. P. 11)

LR 11-1 Signature Requirements on Electronic Filings

(a) Signature

A Registered User's login and password required to electronically file documents via the CM/ECF system constitute the Registered User's signature for any purpose for which a signature is required in connection with proceedings before this Court.

(b) Format

Electronically filed documents must include a signature block, including the typed name of the Registered User who filed the document preceded by an "s/" (followed by the typed name) in the space where the signature would otherwise appear (e.g., s/ John Q. Attorney).

(c) Signatures of Non-Registered Users

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.

(d) Multiple Signatures

Documents requiring the signatures of more than one party must be electronically filed either by:

  1. Submitting a scanned document containing all necessary signatures;
  2. Representing the consent or stipulation of the other parties on the document;
  3. Identifying on the document the signatures which are required and submitting written confirmation by the parties no later than seven days after the filing; or
  4. In any other manner approved by the Court.

Amendment History to LR 11
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."

LR 15 - Amended and Supplemental Pleadings

(See Fed. R. Civ. P. 15)

LR 15-1 Amended and Supplemental Pleadings (See LR 10-1 and LR 10-2)

(a) Amended Document Title

The word AMENDED—and iteration number—must be included in the revised document title, e.g.:

Example THIRD AMENDED COMPLAINT

(b) Supplemental Document Title

The word SUPPLEMENTAL must be included in a supplemental document title.

(c) Amended Document Requirements

An amended or supplemental pleading must reproduce the entire pleading and may not incorporate any part of the prior pleading by reference. In addition, any party moving for leave to file an amended or supplemental pleading must describe the proposed changes.

(d) Exhibits to a Motion

  1. A copy of the proposed amended pleading must be attached as an exhibit to any motion for leave to file the amended pleading.
  2. On entry of an order granting the motion, the original amended pleading must be submitted to the clerk for filing.
  3. The clerk will not detach the proposed amended pleading from the motion.

(e) Amendments by Interlineation

Amendments by interlineation are allowed only by order of the Court.


Amendment History to LR 15
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.
December 1, 2009
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."

LR 16 - Pretrial Conferences, Scheduling, and Case Management

(See Fed. R. Civ. P. 16)

LR 16-1 Court Actions On Initial Filing (See LR 3-5) 

During the case initiation process:

(a) Case Assignment

The case will be randomly assigned to a judge in accordance with the Court's Case Management Plan and assigned a case number.

(b) Consent Forms

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.)

(c) Process

The Clerk's Office will issue summons and other appropriate process.  (See LR 3-5(b).)

(d) Scheduling Order

The Clerk's Office will issue a scheduling order as appropriate for the case.  (See "Discovery and Pretrial Scheduling Order" form.)

LR 16-2 Rule 16 Conferences (See Fed. R. Civ. P. 16)

Unless otherwise ordered by the Court:

(a) Counsel's Duty to Request Conference

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.

(b) 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 5-7(b).)

(c) Conference Request Made At Any Time

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).

(d) Sample

See sample "Order Establishing the Trial and Pretrial Conference Dates and Procedures" 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.

(e) Completion of Discovery Defined

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:

  1. All depositions must be taken, including depositions to preserve testimony for trial.
  2. All interrogatory or other discovery requests must be answered.
  3. All documents must be produced per request.
  4. The Court will not require a response to a discovery request that is made with insufficient time for a party to respond before the completion of discovery date.
  5. Completion of discovery does not include expert depositions taken under Fed. R. Civ. P. 26(b)(4)(A).

LR 16-3 Motions to Change or Extend Court-Imposed Deadlines

(a) Motions

Unless provided by LR 16-2(b), objections to any court-imposed deadline must be raised by motion and must:

  1. Show good cause why the deadlines should be modified.
  2. Show effective prior use of time.
  3. Recommend a new date for the deadline in question.
  4. Show the impact of the proposed extension on other existing deadlines, settings, or schedules.

(b) Stipulations to Extend Deadlines or Schedules (See LR 29)

LR 16-4 Alternate Dispute Resolution (ADR) (See Fed. R. Civ. P. 16(c)(2)(I))

(a) Scope and Application

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.

(b) Exemptions

The following classes of cases are presumed to be exempt from this rule:

  • Habeas Corpus Petitions;
  • Prisoner Suits;
  • 28 U.S.C. § 2255 Claims;
  • Social Security Appeals;
  • Civil Forfeitures;
  • Qui Tam Actions;
  • IRS Summons Enforcement Actions;
  • Student Loan Collection; and
  • Bankruptcy Appeals.

(c) ADR Conference Requirements

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.

(d) Joint ADR Report

Within 150 days of the initiation of a lawsuit, the parties must file a "Joint Alternate Dispute Resolution Report" form available on the Court's website at ord.uscourts.gov,  on the For Attorneys page, under Forms for Civil Cases on the Forms menu.

(e) ADR Options - Generally

  1. Private ADR: The parties may agree to any form of ADR, including arranging mediation with a private mediator. The parties are to select and compensate the mediator and, in conjunction with the mediator, agree to the time, place, and duration of the mediation.
  2. Request for a Settlement Judge: The assigned judge, on his/her own motion or at the request of a party, may schedule a settlement conference before a judicial officer of this Court. 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.
  3. Court-Sponsored Mediation: The assigned judge, on his/her own motion, or upon the motion or request of a party, may refer any civil case to mediation with a mediator on the Court's list of mediators.
  4. Non-Binding Summary Trial and Other Forms of ADR:
    1. The assigned judge, on his/her own motion or at the request of a party, may assign any civil case for a non-binding summary trial (including a summary jury trial for cases triable to a jury), a mini-trial, an advisory jury proceeding, or an arbitration hearing.
    2. The assigned judge, on his/her own motion or at the request of a party, may assign any civil case for any other ADR process (such as an advisory jury panel consisting of panel members not drawn from the jury pool who volunteer their time to hear case summaries and confer with counsel about settlement).

(f) Court-Sponsored Mediation Procedures

  1. Pro Bono Hours: Mediators on the Court-sponsored panel list agree to conduct mediation without cost to the parties for four hours, exclusive of preparation time and travel time to or from the agreed location for the mediation. The mediator and the parties must agree before the mediation on an hourly rate for the mediator if the mediation continues beyond four hours.
  2. Selection of a Mediator:
    1. The assigned judge will enter an order directing the parties to select a mediator from the Court's list of mediators, and to work with the mediator to agree to the time, place, and duration of the mediation.
    2. If the parties cannot agree on a mediator within 14 days after entry of the order, each party will submit its list of three acceptable mediators to the assigned judge who will then designate a mediator after consultation with the parties.
  3. Judicial Immunity: During the conduct of Court-sponsored mediation, mediators act as officers of the Court, have judicial immunity, and are subject to the disqualification rule in LR 16-4(k).
  4. Mediation Process: After entry of the order of reference to mediation, the parties are required to provide such information and advice as the mediator requires. The mediator may schedule a preliminary conference before the mediation and may also require the parties to participate in the preliminary conference along with their attorneys.
  5. Participation by Counsel and Parties:
    1. The responsible attorney for each party must attend the mediation and any additional sessions and must be prepared to discuss in good faith:
      1. All liability issues;
      2. All damage issues; and
      3. The position and interests of his or her client relative to settlement.
    2. Unless excused by the mediator, a person with complete settlement authority for each party must attend the mediation. However, the United States may be represented by the trial attorney.
    3. Where a party's defense is provided by a liability insurer, a representative of the insurer, unless excused by the mediator, must attend the mediation conference and have full authority to bind the insurer to a settlement. This representative must also have ready telephonic access to another representative of the insurer, unless excused by the mediator, with authority to enter into a settlement up to the policy limits.
    4. Unless excused from attendance by the mediator, an attorney or party's willful failure to attend the mediation when required must be reported to the Court by the mediator and may result in the imposition of sanctions.

(g) Proceedings Privileged

  1. ADR proceedings (including all statements made by a party, attorney, or other participant, and any memorandum or written submission provided to the mediator or ADR facilitator), are privileged and, unless otherwise authorized by the Federal Rules of Evidence, will not be reported, recorded, or otherwise placed in evidence; made known to the assigned judge or jury; or construed for any purpose as an admission against interest.
  2. This privilege applies to ADR proceedings conducted under LR16-4(e)(1)-(4).
  3. No party will be bound by anything done or said in mediation unless a settlement is reached, in which event, the agreement on a settlement will be reduced to writing and will be binding on all parties to that agreement. In a dispute between the parties regarding the terms of the settlement, the terms of the settlement as communicated by the mediator and accepted by the parties are not privileged under LR 16-4(g)(1).

(h) Proceedings After Failure to Achieve an ADR Settlement

  1. Private ADR: Not later than seven days following the conclusion of private ADR proceedings, the plaintiff's attorney (or the pro se plaintiff) will notify the Court in writing:
    1. Whether settlement (in whole or in part) was achieved; or
    2. Whether settlement could not be achieved and whether any (or all) of the parties believe that further judicial intervention (including the possibility of a settlement judge), will help to resolve the case.
  2. Court-Sponsored Mediation: Not later than seven days following the conclusion of Court-sponsored mediation, the mediator will notify the assigned judge if no settlement is achieved and whether intervention by a settlement judge may help to resolve the matter.

(i) No Stay of Action

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.

(j) Qualifications and Requirements of Mediators

  1. As a general rule, the parties may select and thereby set the qualifications of a private mediator or mediation service. The mediator is subject to the requirements of LR 16-4(g).
  2. Court-sponsored mediators must submit an agreement to serve, advise the assigned judge in which divisions of this Court they are willing to serve, and agree to perform at least eight hours of volunteer mediation service per year without payment.
  3. Court-sponsored mediators must be members in good standing of the Oregon State Bar who have been admitted to practice before the federal courts for a minimum of five years, or be a retired or senior judge. 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.
  4. Court-sponsored mediators must have a minimum of 12 hours of actual mediation experience and submit proof or a certificate of attendance for a minimum of 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.
  5. The Clerk will maintain a list of Court-sponsored mediators by division of this Court.

(k) Disqualification of Mediators

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.

(l) ADR Program Administration

  1. An ADR Administrator is responsible for implementing, administering, overseeing, and evaluating the ADR program and procedures covered by LR 16-4.
  2. The Clerk will make pertinent rules, explanatory materials, and requisite forms available to the parties.

LR 16-5 Proposed Pretrial Order

(a) Filing Requirements

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 5-11(c).

(b) Content Requirements (See Pretrial Order)

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:

  1. A concise statement of the nature of the action, including whether trial will be by jury and whether the parties have consented to trial by a magistrate judge.
  2. A concise statement of each basis for federal jurisdiction and the facts supporting or disputing jurisdiction.
  3. All agreed facts; with an asterisk (*) by those where relevance is disputed.
  4. A statement of each claim and defense to that claim with the contentions of the parties. Contentions will not recite the evidence to be offered at trial but will be sufficient to frame the issues presented by each claim and defense.
  5. Other legal issues not stated under either claims or defenses and designating those appropriate for decision before trial.
  6. A statement indicating proposed amendments to the pleadings, if any.
  7. The same format should be used in the order for any counterclaim or cross-claims, followed by any affirmative defenses to each of those claims.

(c) Service and Filing of Proposed Pretrial Order

Unless modified by the Court, the time for service and filing of the proposed pretrial order will be as follows:

  1. The plaintiff will, at least 30 days before the filing date, prepare and serve on all parties a proposed pretrial order.
  2. Within 14 days after service of that proposed pretrial order, each other party will serve on all parties the objections, additions, and changes such party believes should be made to the plaintiff's proposed pretrial order.
  3. All areas of disagreement must be shown in the proposed pretrial order, but the parties will make every effort to resolve such disagreements.
  4. The proposed pretrial order must be signed by the parties, and the plaintiff must file it with the Court.

(d) Effect of Pretrial Order

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
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)."

LR 23 - Class Actions

(See Fed. R. Civ. P. 23)

LR 23-1 Document Caption Requirements (See LR 10-2)

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

LR 23-2 Pleading Requirements

The filing party must also explain in separately titled and numbered paragraphs within the body of the document:

  1. How this action meets the prerequisites mandated by Fed. R. Civ. P. 23(a);
  2. How this action can be maintained as a class action under Fed. R. Civ. P. 23(b);
  3. The basis on which the party claims either to be an adequate representative of the class; or that the class is comprised of defendants, and that those individuals named as defendants are adequate representatives of the proposed class; and
  4. The question(s) of law and fact alleged to be common to the class.

Amendment History to LR 23
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."

LR 26 - Discovery

(See Fed. R. Civ. P. 26)

LR 26-1 Initial Conference of Counsel for Discovery Planning (See Fed. R. Civ. P. 26(f))

Unless exempted under Fed. R. Civ. P. 26(a)(1)(B) or otherwise ordered by the Court:

  1. The parties must hold a Fed. R. Civ. P. 26(f) initial conference of counsel for discovery planning within 30 days after a defendant files a responsive pleading or a motion under Fed. R. Civ. P. 12.
  2. Electronically Stored Information (ESI). The parties must confer and be prepared to discuss the following during the initial discovery conference:
    1. Storage and Format of ESI: The hardware and software systems each party uses to create and maintain ESI for the purpose of understanding how the ESI has been or can be created, preserved, retrieved, and produced.
    2. ESI Liaison: The identity of a person or persons with the ability to facilitate the preservation, retrieval, and production of each party's ESI throughout the course of the litigation. This liaison may be a party in the action and must be available to participate in any discovery motion hearing involving ESI.
    3. Preservation of ESI: The steps to ensure that discoverable ESI is not deleted, altered, or otherwise made inaccessible, such as sending litigation-hold notices to custodians and suspending or amending routine document-retention policies. Parties are to inform the court about steps that have been or will be taken to protect ESI under this rule. Parties should also be prepared to discuss whether the burden of taking certain preservation steps is not proportional to the needs of the case underFed. R. Civ. P. 26(b)(1).
    4. Scope of Discovery of ESI: Anticipated scope of discoverable ESI and search protocols for retrieving ESI, 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). Search protocols may include methods to filter or limit the data, such as the application of search terms, date ranges, predictive coding, or other methods of technology-assisted review. In addition, parties must discuss the possibility and feasibility of eliminating duplicative ESI and whether removing the duplicative ESI will occur within a particular custodian's data set or across all data sets.
    5. Requesting ESI: Methods for requesting and searching for responsive ESI, including:
      1. Whether the parties will rely on descriptions of requested documents typically used in paper-document discovery;
      2. Whether a more collaborative process of developing search terms and custodians would better suit the needs of the parties; or
      3. Whether some other method, such as technology-assisted review, may be the most appropriate and least expensive method under each party's circumstances.
    6. Production Format of ESI: Identification of each party's preferences for the format of any ESI, including:
      1. Whether the party intends to request the ESI in its originally created (native) format or some other reasonably usable format;
      2. The effect the requested format will have on the preservation of any metadata identified by the requesting party;
      3. What metadata, if any, the parties intend to request;
      4. Whether producing it would impose unreasonable burdens in light of the needs of the case, and
      5. Whether the metadata is privileged.
    7. Preservation of Privilege: Recognizing that the production of ESI presents special perils and difficulties in preventing the accidental disclosure of privileged information, agreements comporting with Fed. R. Evid. 502, including:
      1. Whether to enter into "claw back" or "quick peek" agreements that specify how privilege should be asserted for ESI;
      2. Procedures for producing ESI that have not been reviewed for privileged information without waiving any assertion of privilege; and
      3. Procedures for presenting any assertion of privilege for any inadvertently disclosed ESI.

LR 26-2 Initial Disclosures (See Fed. R. Civ. P. 26(a)(1))

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.)

LR 26-3 Discovery Motions (See Fed. R. Civ. P. 26 and LR 37)

(a) Document Title (See LR 10-2)

The document title must substantially comply with the following format:

Example 1 PLAINTIFF JOHN SMITH'S MOTION TO COMPEL
Example 2 DEFENDANT ABC CORPORATION'S RESPONSE TO PLAINTIFF JOHN SMITH'S MOTION TO COMPEL PRODUCTION

(b) Word-Count or Page Limits

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):

  1. Without prior Court approval, the memorandum may not exceed 3,000 words, or in the alternative, ten pages. If the document exceeds the page limit, the party must certify compliance with the word-count limit. This limitation includes headings, footnotes and quotations, but excludes the caption, signature block, exhibits, and any certificates of counsel.
  2. Certificate of Compliance: As required by these rules, the party must file a Certificate of Compliance as to the word-count limit as provided in LR 7-2(b).

(c) No Replies

Unless otherwise directed by the Court, a movant may not file a reply supporting a discovery motion.

(d) Motions to Compel (See LR 37)

(e) Calendaring (See LR 7-1(d) and LR 7-1(e)(4))

(f) Resolving Discovery Disputes by Conference with the Court

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.

(g) Certification of Conferral

The Court will deny any discovery motion that does not contain the certification required by LR 7-1(a).

Practice Tip
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.

LR 26-4 Motions for Protective Orders (See Fed. R. Civ. P. 26(c))

(a) Standards for Issuance of Protective Orders

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 under seal, 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 under seal, the showing also must articulate why, as an alternative to filing under seal, 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.

(b) Proposed Protective Orders

Proposed protective orders must include language that:

  1. Instructs the clerk whether the parties through their counsel are to have remote, electronic access to the documents pursuant to the protective order.
  2. Identifies by name the parties authorized to have remote, electronic access to the documents.

(c) Filing Documents Pursuant to an Existing Protective Order

When a previous court order authorizes the filing of a document or other materials under seal 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 5-10 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.)

Practice Tip

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 form "Stipulated Protective Order.")

Two forms of proposed Protective Orders are available on the Court's website on the For Attorneys page, under the Forms tab, and the Forms for Civil Cases menu. 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.

LR 26-5 Waiver of Objections

(a) Objections Must be Timely

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.

(b) Description Within Reasonable Time

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.

LR 26-6 E-Discovery in Patent Cases (See LR 10-4)

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.

LR 26-7 Initial Discovery Protocols for Employment Cases Alleging Adverse Action

(a) Introduction and Definitions

  1. Scope: Except for good cause shown, the Initial Discovery Protocols set forth below apply to all employment cases that challenge one or more actions alleged to be adverse except:
    1. Class actions; and
    2. Cases in which the allegations involve only the following:
      1. Discrimination in hiring;
      2. Harassment/hostile work environment;
      3. Violations of wage and hour laws under the Fair Labor Standards Act (FLSA);
      4. Failure to provide reasonable accommodations under the Americans with Disabilities Act (ADA);
      5. Violations of the Family Medical Leave Act (FMLA); and
      6. Violations of the Employee Retirement Income Security Act (ERISA).
  2. Interaction with Federal Rules of Civil Procedure: The Initial Discovery Protocols do not preclude or modify the rights of any party to discovery as provided by the Federal Rules of Civil Procedure or other applicable local rules, but they supersede the parties’ obligations to make initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1).
  3. Definitions: The following definitions apply:
    1. Concerning: The term "concerning" means referring to, describing, evidencing, or constituting.
    2. Document: The terms "document" and "documents" are synonymous in meaning and equal in scope to the terms "documents" and "electronically stored information" as used in Fed. R. Civ. P. 34(a).
    3. Identify (Documents): When referring to documents, to "identify" means either to produce the document or to give, to the extent known: (i) the type of document; (ii) the general subject of the document; (iii) the date of the document; (iv) the author(s), according to the document; and (v) the person(s) to whom, according to the document, the document (or a copy) was to have been sent.
    4. Identify (Persons): When referring to natural persons, to "identify" means to give the person’s: (i) full name; (ii) present or last known address and telephone number; (iii) present or last known place of employment; (iv) present or last known job title; and (v) relationship, if any, to plaintiff or defendant. Once a person has been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person.
  4. Instructions:
    1. For this Initial Discovery, the relevant time period begins three years before the date of the adverse action unless otherwise specified.
    2. This Initial Discovery is not subject to objections except on the grounds set forth in Fed. R. Civ. P. 26(b)(2)(B).
    3. If a responding party provides a partial or incomplete answer or production, that party must state the reason the answer or production is partial or incomplete.
    4. This Initial Discovery is subject to Fed. R. Civ. P. 26(e) regarding supplementation and Fed. R. Civ. P. 26(g) regarding certification of responses.
    5. This Initial Discovery is subject to Fed. R. Civ. P. 34(b)(2)(E) regarding form of production.

(b) Production by Plaintiff

  1. Timing: Plaintiff must provide Initial Discovery to defendant within 30 days after such defendant has submitted a responsive pleading or motion.
  2. Documents plaintiff must produce to defendant:
    1. All communications concerning the factual allegations or claims at issue in this lawsuit between plaintiff and defendant.
    2. Claims, lawsuits, administrative charges, and complaints by plaintiff that rely on any of the same factual allegations or claims as those at issue in this lawsuit.
    3. Documents concerning the formation and termination, if any, of the employment relationship at issue in this lawsuit, irrespective of the relevant time period.
    4. Documents concerning the terms and conditions of the employment relationship at issue in this lawsuit.
    5. Diary, journal, and calendar entries maintained by plaintiff concerning the factual allegations or claims at issue in this lawsuit.
    6. Plaintiff’s current resume(s).
    7. Documents in the possession of plaintiff or plaintiff’s agent concerning claims for unemployment benefits.
    8. Documents concerning: (i) communications with potential employers; (ii) job search efforts; and (iii) offer(s) of employment, job description(s), and income and benefits of subsequent employment. Defendant must not contact or subpoena a prospective or current employer to discover information about plaintiff’s claims without first giving plaintiff 30 days’ notice and an opportunity to file a motion for a protective order or a motion to quash such subpoena. If such a motion is filed, defendant will not initiate such contact or serve such subpoena until the motion is ruled upon.
    9. Documents concerning the termination of any subsequent employment.
    10. Any other document(s) on which plaintiff relies to support plaintiff’s claims.
  3. Information plaintiff must produce to defendant:
    1. Identify persons plaintiff believes have knowledge of the facts concerning the claims or defenses at issue in this lawsuit and a brief description of that knowledge.
    2. Describe the categories of damages plaintiff claims.
    3. State whether plaintiff has applied for disability benefits and/or social security disability benefits after the adverse action, whether any application has been granted, and the nature of the award, if any. Identify any document concerning any such application.

(c) Production by Defendant

  1. Timing: Defendant must provide Initial Discovery within 30 days after such defendant has submitted a responsive pleading or motion. When the United States Government is a defendant, it shall provide Initial Discovery within 60 days after it has submitted a responsive pleading or motion.
  2. Documents defendant must produce to plaintiff:
    1. All communications concerning the factual allegations or claims at issue in this lawsuit among or between:
      1. Plaintiff and defendant;
      2. Plaintiff’s manager(s), supervisor(s), and defendant’s human resources representative(s).
    2. Responses to claims, lawsuits, administrative charges, and complaints by plaintiff that rely on any of the same factual allegations or claims as those at issue in the lawsuit.
    3. Documents concerning the formation and termination, if any, of the employment relationship at issue in this lawsuit, irrespective of the relevant time period.
    4. Plaintiff’s personnel file, in any form, maintained by defendant, including files concerning plaintiff maintained by plaintiff’s supervisor(s), manager(s), or defendant’s human resources representative(s), irrespective of the relevant time period.
    5. Plaintiff’s performance evaluations and formal discipline.
    6. Documents relied on to make the employment decision(s) at issue in this lawsuit.
    7. Workplace policies or guidelines relevant to the adverse action in effect at the time of the adverse action. Depending on the case, those may include policies or guidelines that address: discipline, termination of employment; promotion; discrimination; performance reviews or evaluations; misconduct; retaliation; and the nature of the employment relationship.
    8. The table of contents and index of any employee handbook, code of conduct, or policies and procedures manual in effect at the time of the adverse action.
    9. Job description(s) for the position(s) plaintiff held.
    10. Documents showing plaintiff’s compensation and benefits. Those normally include retirement plan benefits, fringe benefits, employee benefit summary plan descriptions, and summaries of compensation.
    11. Agreements between plaintiff and defendant to waive jury trial rights or to arbitrate disputes.
    12. Documents concerning investigation(s) of any complaint(s) about plaintiff or made by plaintiff, if relevant to plaintiff’s factual allegations or claims at issue in this lawsuit and not otherwise privileged.
    13. Documents in the possession of defendant and/or defendant’s agent(s) concerning claims for unemployment benefits unless production is prohibited by applicable law.
    14. Any other document(s) on which defendant relies to support the defenses, affirmative defenses, and counterclaims, including any other document(s) describing the reasons for the adverse action.
  3. Information defendant must produce to plaintiff:
    1. Identify plaintiff’s supervisor(s) and manager(s).
    2. Identify persons known to defendant who were involved in making the decision to take the adverse action.
    3. Identify persons defendant believes have knowledge of the facts concerning the claims or defenses at issue in this lawsuit, and a brief description of that knowledge.
    4. State whether plaintiff has applied for disability benefits and/or social security disability benefits after the adverse action. State whether defendant has provided information to any third party concerning any application by plaintiff for disability benefits and/or social security disability benefits after the adverse action and identify any documents concerning any such application or any such information provided.

LR 26-8 Expert Witnesses

Practice Tip

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
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."

LR 27 - Depositions: Before Action or Pending Appeal

(See Fed. R. Civ. P. 27)

LR 27-1 Before Action Filed (See Fed. R. Civ. P. 27(a))

  1. A party seeking to perpetuate testimony must file a verified petition and proposed order with the Clerk's Office.
  2. Upon payment of the required filing fee, the Clerk's Office will open a miscellaneous case and refer the petition and proposed order to the duty magistrate judge for calendaring and disposition.

LR 27-2 Pending Appeal (See Fed. R. Civ. P. 27(b))

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.

LR 27-3 Relationship to LR 30

The requirements of LR 30 apply to depositions conducted under LR 27.


Amendment History to LR 27
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."

LR 28 - Depositions in a Foreign Country

Practice Tip

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
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.

LR 29 - Stipulations About Discovery Procedure

(See Fed. R. Civ. P. 29)

LR 29-1 Non-Permissible Stipulations

Unless the Court orders otherwise, the parties alone may not stipulate to extend any:

  1. Deadline established by the case scheduling order;
  2. Filing deadline established by the Court, the Federal Rules of Civil Procedure, or these local rules;
  3. Court-scheduled conference;
  4. Proposed pretrial order filing date; or
  5. Trial date.

Amendment History to LR 29
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.

LR 30 - Depositions

(See Fed. R. Civ. P. 30)

LR 30-1 Depositions - Generally

(a) Not Filed With the Court (See LR 5-11)

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.

(b) Use of Non-Filed Depositions

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.

(c) Availability of Copies to Non-Parties

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:

  1. Serve notice of their request and proposed order on all parties;
  2. Receive approval; and
  3. Pay the cost for a copy of the deposition.

LR 30-2 Notice of Deposition

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.

LR 30-3 Conduct of Counsel (See Fed. R. Civ. P. 30(c) and (d))

Counsel present at a deposition will not engage in any conduct that would not otherwise be allowed in the presence of a judge.

LR 30-4 Objections (See Fed. R. Civ. P. 30(c)(2))

There should be no argument in response to an objection or an instruction not to answer.

LR 30-5 Pending Questions

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.

LR 30-6 Motions Relating to Depositions (See Fed. R. Civ. P. 30(d)(3))

  1. If the parties have a dispute that may be resolved with assistance from the Court, or if unreasonable or bad faith deposition techniques are being used, the deposition may be suspended so that a motion may be made immediately and heard by an available judge, or the parties may hold a telephone conference pursuant to LR 16-2(c).
  2. Alternatively, a written motion relating to the deposition may be filed after a transcript is available.
  3. The Court may impose costs, including attorney fees, on any person responsible for unreasonable or bad faith deposition techniques or behavior.

Amendment History to LR 30
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."

LR 33 - Interrogatories

(See Fed. R. Civ. P. 33)

LR 33-1 Interrogatories - Generally

(a) Not Filed With the Court (See LR 5-11)

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 5-11(b).

(b) Use of Non-Filed Interrogatories

This rule does not preclude the use of interrogatories and answers as exhibits or evidence in support of a motion or at trial.

(c) Definitions

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.

(d) Prohibited Form of Interrogatories

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

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).

LR 33-2 Answers to Interrogatories

  1. Answers and objections to interrogatories must set forth each question in full before each answer or objection. Each objection must be followed by a statement of reasons.
  2. When an objection is made to part of an interrogatory, the remainder of the interrogatory must be answered at the time the objection is made, or within the period of any extension of time to answer, whichever is later.

LR 33-3 Motions to Compel (See Fed. R. Civ. P. 33(b) and LR 37)

(a) Requirements

Motions to compel must set forth only the pertinent interrogatory question, objection, and legal arguments.

(b) Certification Requirements

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
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."

LR 34 - Requests for Production

(See Fed. R. Civ. P. 34)

LR 34-1 Requests for Production - Generally

(a) Not Filed With the Court (See LR 5-11)

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 5-11(b).

(b) Use of Non-Filed Requests

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.

(c) Definitions

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.

LR 34-2 Responses and Objections (See Fed. R. Civ. P. 34(b)(2))

  1. Responses must set forth each request in full before each response or objection. 
  2. When an objection is made to part of a request for production, a response must be made to the remainder of the request at the time the objection is made, or within the period of any extension of time to respond, whichever is later.

Amendment History to LR 34
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.

LR 36 - Requests for Admission

(See Fed. R. Civ. P. 36)

LR 36-1 Requests for Admission - Generally

(a) Not Filed With the Court (See LR 5-11)

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 5-11(b).

(b) Use of Non-Filed Requests

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.

(c) Definitions

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.

LR 36-2 Response or Objections (See Fed. R. Civ. P. 36(a))

Every response, denial, or objection must set forth each request in full, followed by the admission, denial, or objection. 

 


Amendment History to LR 36
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.

LR 37 - Motions to Compel

(See Fed. R. Civ. P. 37)

LR 37-1 Requirements

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 37-2 Time Limits

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
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.

LR 38 - Right to a Jury Trial

(See Fed. R. Civ. P. 38)

LR 38-1 Demand for Jury Trial

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

Amendment History to LR 38
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.

LR 40 - Scheduling Cases for Trial

(See Fed. R. Civ. P. 40)

LR 40-1 Scheduling Cases for Trial

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
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."

LR 41 - Dismissal of Action

(See Fed. R. Civ. P. 41)

LR 41-1 Voluntary Settlement - Notice of Settlement

(a) Notice of Settlement

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.

(b) Assessment of Juror Costs for Late Notices

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.

(c) Order of Dismissal

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.

LR 41-2 Involuntary Dismissal (See Fed. R. Civ. P. 41(b))

(a) Order to Show Cause

The Court may notice for hearing any action or proceeding which does not appear to be diligently prosecuted.

(b) Party Statement Requirements

Not later than seven days prior to the hearing date, each party will file and serve a statement describing:

  1. The status of the action or proceedings to date; and
  2. Whether good cause exists to dismiss the action or proceeding for failure to prosecute.

(c) Filing Motion to Dismiss

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
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."

LR 42 - Consolidation; Separate Trials

(See Fed. R. Civ. P. 42)

LR 42-1 Reference to The Manual for Complex Litigation

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

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).

LR 42-2 Responsibilities of Counsel

It is the responsibility of counsel to identify complex or related cases and to bring the matter promptly to the attention of the Court.

LR 42-3 Related Cases

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:

  1. The case number, case title, and assigned judge of every related case pending in the District of Oregon.
  2. The case number, case title, assigned judge, and court location of every other related case pending in any other state or federal court.
  3. The common question of law or fact at issue in each case.
  4. The status in each case of all pending motions, Court imposed deadlines, case management schedules, trial dates, etc.
  5. The reason that the cases should be reassigned and managed by a single judicial officer.
  6. The position of the other parties, if known.
  7. The scope of consolidation requested, e.g., for hearing on a motion; for pretrial and discovery; or for all further proceedings, including trial.

LR 42-4 Document Caption Requirements After Consolidation

(a) Designation of Lead Case

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.

(b) Identifying Lead Case Information on Consolidated Case Papers

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

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)
3:04-CV-01111-RE (Trailing Case)

PLAINTIFF JOHN SMITH'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS


Amendment History to LR 42
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."

LR 45 - Subpoena

LR 45-1 Subpoena-Related Motions Where This Court Is Not the Issuing Court

(a) Caption Requirements and Movants

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."

(b) Attorneys

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
May 1, 2015
LR 45-1 New rule to clarify procedure on the filing of such motions.

LR 47 - Selecting Jurors

(See Fed. R. Civ. P. 47)

LR 47-1 Selecting Jurors

(a) Examination of Jurors - Generally

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.

(b) Supplemental Questions by the Parties

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.

LR 47-2 Challenges for Cause (See Fed. R. Civ. P. 47(c))

Challenges to excuse a juror for cause will be taken orally.

LR 47-3 Peremptory Challenges (See Fed. R. Civ. P. 47(b))

(a) Numbers of Peremptory Challenges (See 28 U.S.C. § 1870)

The trial judge will establish the number of peremptory challenges at the final pretrial conference.

(b) Procedures for Exercising Peremptory Challenges

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
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."

LR 48 - Jurors and Participation in the Verdict

(See Fed. R. Civ. P. 48)

LR 48-1 Number of Jurors

The Court will fix the number of jurors in a civil case.

LR 48-2 No Communications With Jurors - Before, During, and After Trial

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
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
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.

LR 51 - Instructions to the Jury

(See Fed. R. Civ. P. 51)

LR 51-1 Proposed Jury Instructions

(a) Scope of Party Submissions

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).

(b) Application of Model or Uniform Jury Instructions

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.

(c) Index of Instructions

If more than ten instructions specific to the issues in the case are submitted, include an index.

(d) Format Requirements

  1. Each instruction must begin on a separate page.
  2. The complete set of jury instructions specific to the issues in the case must be submitted, via e-mail as described in the Practice Tip after LR 5-11(c) immediately following the electronic filing of the proposed instructions in the CM/ECF system.
  3. Each instruction must embrace only one subject, and must be numbered consecutively using the model or uniform jury instruction numbers where applicable.
  4. Each instruction must be brief, impartial, understandable, and free from argument. The principle stated in one instruction must not be repeated in any other instruction.
  5. Except when citing to a model or uniform jury instruction, the text of each instruction must be set out in full. In the case of model or uniform jury instructions, citation to the model or uniform jury instruction number is sufficient.
  6. Each instruction must contain in a footnote citations of authority in support of the principle of law stated in the instruction.

Amendment History to LR 51
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)."

LR 54 - Bill of Costs and Attorney Fees

(See Fed. R. Civ. P. 54)

LR 54-1 Costs - Other than Attorney Fees (See Fed. R. Civ. P. 54(d)(1))

(a) Filing Requirements (See 28 U.S.C. §§ 1920-24)

  1. Bill of Costs: Not later than 14 days after entry of judgment or receipt and docketing of the appellate court's mandate, the prevailing party may file and serve on all parties a Bill of Costs that provides detailed itemization of all claimed costs. The prevailing party must file an affidavit or declaration and appropriate documentation.
  2. Verification: The Bill of Costs must be verified as required by 28 U.S.C. § 1924.

(b) Objections

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.

(c) Word or Page-Count Limitations

  1. Without prior Court approval, any legal memorandum in support of, or in opposition to, the Bill of Costs may not exceed 3,000 words, or in the alternative, ten pages. If the document exceeds the page limit, then the party must certify compliance with the word-count limit. This limitation includes headings, footnotes and quotations, but excludes the caption, signature block, exhibits, and any certificates of counsel.
  2. Certificate of Compliance: As required by these rules, the party must file a Certificate of Compliance as to the word-count limit as provided in LR 7-2(b).

LR 54-2 Order Taxing Costs

(a) Authority to Tax Costs

Unless otherwise directed by the Court, the Clerk may tax costs provided in Fed. R. Civ. P. 54(d)(1).

(b) Objections to the Clerk's Order Taxing Costs

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.

(c) No Oral Argument

Unless requested by the Court, costs will be taxed on the written submissions of the parties and without oral argument.

LR 54-3 Motion for Award of Attorney Fees (See Fed. R. Civ. P. 54(d)(2))

(a) Motion Requirements

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
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.

(b) Objections or Other Responses

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.

(c) Hearing

Unless otherwise directed by the Court, any hearing on the motion for attorney fees will be heard by the Court without:

  1. Segregating the issue of liability for attorney fees from the issue of the amount of fees;
  2. Live testimony and/or cross-examination of witnesses;
  3. Extending the time for appeal of the underlying judgment under Fed. R. Civ. P. 58; or
  4. The parties submitting proposed findings and conclusions, and/or the parties objecting to proposed findings and conclusions issued by the Court.

(d) Other Options (See Fed. R. Civ. P. 54(d))

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.

(e) Legal Memoranda and Word or Page-Count Limitations

  1. Without prior Court approval, all legal memoranda in support of, or in opposition to, motions for attorney fees may not exceed 3,000 words, or in the alternative, ten pages. If the document exceeds the page limit, then the party must certify compliance with the word-count limit. This limitation includes headings, footnotes and quotations, but excludes the caption, signature block, exhibits, and any certificates of counsel.
  2. Certificate of Compliance: As required by these rules, the party must file a Certificate of Compliance as to the word-count limit as provided in LR 7-2(b).

Amendment History to LR 54
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."

LR 55 - Default

(See Fed. R. Civ. P. 55)

LR 55-1 Conference Required Prior to Filing for Default

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
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
June 1, 2006
LR 55.1 New Rule.
December 1, 2009
LR 55-1 Practice Tip added.

LR 56 - Summary Judgment

(See Fed. R. Civ. P. 56)

LR 56-1 Motion for Summary Judgment

(a) Supporting Factual Positions

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.

(b) Evidentiary Objections

Rather than filing a motion to strike, a party may assert 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. 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.

Commentary

An evidentiary objection in a response or reply memorandum may be supported by argument and should be stated concisely. There is no need to make a separate motion to strike. 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
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."

LR 65 - Injunctions and Restraining Orders

(See Fed. R. Civ. P. 65)

LR 65-1 Calendaring

Motions for a preliminary injunction, not otherwise accompanied by the concurrent filing of an application for a Temporary Restraining Order, will be calendared as a non-discovery motions pursuant to LR 7-2.


Amendment History to LR 65
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."

LR 65.1 - Securities and Sureties

(See Fed. R. Civ. P. 65.1)

LR 65.1-1 Qualifications of Sureties; Deposit Requirements

(a) Bond Requirements

Except for qualified corporate sureties, or as otherwise provided by statute, every bond or undertaking must:

  1. Be secured by the deposit of cash or government bonds in the amount of the bond; or
  2. Have as sureties two residents of the district, each of whom owns real or personal property within the district in excess of that exempt from execution and sufficient to justify the full amount of the surety.

(b) Surety Requirements

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. If the bond is accepted by the Court, the schedule must be filed with the clerk.

LR 65.1-2 Court Officers as Sureties

(a) Sureties

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 surety on any bond or other undertaking in any action or proceeding.

(b) Cash Deposits

Cash 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.

(c) Exoneration

Upon exoneration of the bond - and upon motion and order of Court - monies held by the clerk will be returned to that specified person.

LR 65.1-3 Examination of Sureties

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 surety.

LR 67 - Deposits in Court

(SeeFed. R. Civ. P. 67)

LR 67-1 Deposits in Court - Procedural Requirements (See 28 U.S.C. § 2041)

(a) Form of Deposit

All monies paid into the Court must be by cash or by cashier's check or certified check made payable to Clerk, U.S. District Court.

(b) Registry Fund

Upon receipt, the Clerk will deposit the monies into the Court's registry fund which is held by the Treasurer of the United States.

(c) Interest-bearing Account

  1. Interest-bearing account deposits other than interpleader funds.  Upon order of the Court, the Clerk will deposit monies into an interest-bearing account to be held pending disbursement. As set forth in paragraph (d), below, a fee will be assessed on funds deposited into such an account.
  2. Interpleader funds deposited under 28 U.S.C. § 1335.  Such funds meet the IRS definition of a Disputed Ownership Fund (DOF), a taxable entity that requires tax administration.   Upon order of the Court, the Clerk will deposit interpleader funds into an interest-bearing account.  Interpleader funds are subject to a DOF fee, assessed according to the Court's Miscellaneous Fee Schedule, and withholding of federal taxes due.   
Practice Tip
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.

(d) Assessment of Fee

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.

LR 67-2 Order to Deposit Funds (See Sample Orders to Deposit Funds)

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.

LR 67-3 Funds Withdrawal - Generally (See 28 U.S.C. § 2042)

(a) Motion to Withdraw Funds (See Sample Orders to Disburse Funds)

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:

  1. The amount on deposit at the time of the motion;
  2. The amount to be withdrawn;
  3. The name of the attorney of record who will receive and maintain the funds as a trustee, or the name and address of any payee who will receive such funds.

(b) Review of Proposed Orders by the Clerk

The Clerk's Office Financial Administrator must approve all proposed orders to withdraw funds deposited with the Court.

LR 67-4 Disbursement of Funds

All payments from registry funds held by the Court will be paid as directed by the Court.


Amendment History to LR 67
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."

LR 68 - Offer of Judgment

(See Fed. R. Civ. P. 68)

LR 68-1 Offers of Judgment - Generally

(a) Not Filed With the Court (See LR 5-11)

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.

(b) Use of Non-filed Offers

This rule does not preclude the use of an offer for any purpose allowed by the federal rules.

Amendment History to LR 68
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."

LR 72 Amendment History

Amendment History to LR 72
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.

LR 72 - Magistrate Judges: Pretrial Order

(See Fed. R. Civ. P. 72)

LR 72-1 Pretrial Authority (See 28 U.S.C. § 636(b))

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
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.

LR 73 - Magistrate Judges: Trial by Consent

(SeeFed. R. Civ. P. 73)

LR 73-1 Duties and Powers

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.

LR 73-2 Accelerated Trial Scheduling

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).)

LR 73-3 Review By District Court Judge of Rulings Issued Prior to Full Consent

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
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
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."

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

 

(SeeFed. R. Civ. P. 77)

LR 77-1 District Court Clerk's Office (See Fed. R. Civ. P. 77(a))

Clerk's Office Locations
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

LR 77-2 After-Hours Filings (See Fed. R. Civ. P. 77(a))

(a) Statute of Limitations and Other Provisional Process Issues

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.

(b) Late Filings Under Court-Imposed Deadlines

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.

(c) After-Hours Depository

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.

LR 77-3 Custody and Withdrawal of Court Records

(a) Custody

Any records of the Court must remain in the custody of the Clerk's Office.

(b) Withdrawal

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.

LR 77-4 Clerk's Authority to Grant Orders (See Fed. R. Civ. P. 77(c))

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.

LR 77-5 Custody of Exhibits

(a) During Court Proceedings

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.

(b) At the Close of Daily Proceedings

  1. Sensitive Exhibits: At the conclusion of the daily proceedings, sensitive exhibits, unless submitted electronically, are returned to the offering counsel, who is responsible for maintaining custody and the integrity of the exhibits until the next session of Court, when they must be returned to the courtroom deputy clerk.
  2. Non-Sensitive Exhibits: Generally, the courtroom deputy clerk will maintain custody of non-sensitive exhibits until the conclusion of the proceedings.

LR 77-6 Return and Disposition of Physical Exhibits

(a) Return of Exhibits

  1. Clerk's Responsibility: Unless otherwise ordered by the Court, at the conclusion of the hearing or trial, offering counsel will be notified to withdraw any exhibit not attached to a filed document.
  2. Counsel's Responsibility: Counsel are responsible for:
    1. maintaining all exhibits and other returned materials during the time permitted for filing an appeal and thereafter during the pendency of any appeal, should one be taken; and
    2. granting all reasonable requests of other parties or the court reporter to examine any or all returned exhibits or other materials for use in preparation of the record on appeal or for other purposes; and if requested by the Court or the Clerk, counsel must promptly return such items to the Clerk's Office.

(b) Disposition of Unclaimed Exhibits:

Unless otherwise ordered by the Court, exhibits not withdrawn within 60 days after notice may be destroyed.

 


Amendment History to LR 77
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:
  1. Order on consent noting satisfaction of a judgment providing for the payment of money; and
  2. Orders of dismissal pursuant to Fed. R. Civ. P. 41(a)(1), LR 41-1, or LR 55."
to "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."
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
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).

LR 81 - Habeas Corpus Petitions

LR 81-1 Petitions and Motions Generally

  1. 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.
  2. If a prisoner seeking habeas relief moves to proceed in forma pauperis, the application must include an affidavit or declaration setting forth information which establishes that the applicant is unable to pay the fees and costs of the proceedings. Prisoners must include a certificate from the warden or other appropriate officer showing the amount of funds that the petitioner has in any account in the institution.

LR 81-2 Procedures in § 2254 Cases and § 2255 Proceedings

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 Requirements for First Petition in a Capital Case

(a) Applicability

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.

(b) Information on Status of Cases

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.

(c) Notice of Intent to File

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.

(d) Counsel

  1. Representation by Counsel: Each petitioner will be represented by counsel, unless petitioner has clearly elected to proceed pro se and the Court is satisfied, after a hearing, that petitioner's election is intelligent and voluntary.
  2. Appointment of Counsel: Unless petitioner is proceeding pro se or is represented by retained counsel, the Federal Public Defender must be appointed in every such case on the filing of the written notice of intention to file a habeas corpus petition. A panel of attorneys qualified for appointment in death penalty cases will be recruited and maintained by the Federal Public Defender. The Federal Public Defender will accept and review referrals to this panel from interested associations and bar groups.
  3. Two Counsel to be Appointed: Due to the complex, demanding, and protracted nature of death penalty proceedings, at least two counsel must be appointed in every case.

(e) Filing

  1. Assignment of Case Number: On the submission of the notice of intention to file a capital habeas petition, the next sequentially numbered civil case file will be opened and that number assigned to the document. Subsequent submissions related to the same petition will bear the same case number.
  2. Petition Requirements: Petitions must conform to the Model Form accompanying the Rules Governing § 2254 Cases. All petitions must state whether petitioner has previously sought relief arising out of the same matter from this Court or any other federal court, together with the ruling and reasons of such court, and set forth any scheduled execution date.
  3. Copies: An original of the petition must be filed by counsel for the petitioner, or pro se petitioner. No additional copies are required. If no fee is tendered or waiver sought with the filing of a petition, the Clerk will grant in forma pauperis status conditionally, subject to further review by a judge, and will not delay the filing, assignment, or statistical opening of any civil action pending the resolution of in forma pauperis status.

(f) Assignment to District Judges

Consistent with the Court's case assignment procedures, petitions are randomly assigned to the active District Judges of the Court.

(g) Order of General Procedure

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.

(h) Stays of Execution

  1. Stay Pending Final Disposition in District Court: On the filing of a petition, unless the petition is frivolous, the judge will order a stay of execution pending final disposition of the petition in this Court.
  2. Temporary Stay for Preparation of the Petition: Should petitioner require a temporary stay of execution pending the preparation of a petition, counsel must so move, and the Court will issue a 90 day stay of execution.
  3. Stay Pending Appeal from District Court: If the petition is denied and a certificate of appealability is issued, the Court will grant a stay of execution, which will continue in effect until the Court of Appeals issues its mandate.
  4. Notice of Stay: On the granting of any stay of execution, the Clerk's Office will immediately notify the Oregon Attorney General's Office, which must immediately notify the Superintendent of the Oregon State Penitentiary. The Oregon Attorney General's Office must ensure that the Clerk' Office has a 24-hour telephone number to that office.
  5. Application of 28 U.S.C. § 2262: 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).

(i) Procedures for Considering the Petition

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.

  1. Schedule: Respondent must, as soon as practicable but in any event on or before 60 days from the date of service of the application for appointment of counsel or the petition, whichever occurs first, file with the Court duplicate copies of any and all documents from petitioner's pretrial, trial, sentencing, direct appellate, post-conviction, and state and federal habeas corpus proceedings. If any documents are not available, respondent must state when, if at all, such missing material can be filed. These documents also must be served on petitioner's lead counsel, unless respondent confirms that petitioner's counsel already has a copy of the documents. Should respondent wish to produce fewer documents than required by this rule, respondent must first demonstrate good cause as to why he or she should be permitted to do so.
  2. Index: An index of all materials must be prepared reflecting the filing date, title of the document and a reference to the document number for each document submitted. These requirements also apply to any supplements to the state court record.
  3. Assembling the Record:
    1. Both copies of each document submitted under LR 81-3(i) must be individually tabbed and numbered consecutively.
    2. Each document submitted must bear a copy of the state court file stamp. The record must be accompanied by a certification from the clerk of the state court attesting to the authenticity of the documents.
    3. The state court record must be submitted in volumes consisting of no more than 250 pages each. Each paper volume must be two-hole punched at the top center and fastened with a two-prong fastener. Each paper volume must be identified with the case title and case number as required in LR 10-2, e.g.:

    Example

    Clerk's Record - Multnomah County Circuit Court
    C86-05-323246
    Vol. #1 of 3 Volumes

  4. Failure to Comply: If counsel for petitioner claims that respondent has not complied with the requirements of LR 81-3(i)(1) and (2), counsel for petitioner must immediately notify the Court in writing, and serve a copy on respondent.
  5. Status Conference: As soon as practicable after the filing of the petition, the Court will set a status conference to determine a schedule for further proceedings.
  6. Procedural Defenses:
    1. Respondent is responsible for raising procedural defenses in the appropriate responsive pleading(s). A failure to plead any such defense, except exhaustion, before the date of the evidentiary hearing, or submission of the case for decision in cases in which no evidentiary hearing is held, will constitute a waiver of the defense.
    2. The respondent may choose to waive a procedural defense in order to address the merits of the claim(s) for which the defense is waived.

(j) Evidentiary Hearing

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.

(k) Rulings

  1. The Court's rulings may be in the form of a written opinion, which will be filed, or in the form of an oral opinion on the record in open court, which will be transcribed and filed promptly.
  2. The Clerk's Office will notify the Superintendent of the Oregon State Penitentiary and the Oregon Attorney General's Office immediately whenever relief is granted on a petition.
  3. The Clerk's Office will notify the Clerk of the United States Court of Appeals for the Ninth Circuit immediately, by telephone, of (1) the issuance of a final order denying or dismissing a petition without a certificate of appealability, or (2) the denial of a stay of execution.
  4. When a notice of appeal is filed, the Clerk's Office will transmit the records to the Court of Appeals immediately as required by circuit rules.

(l) Return of State Court Record

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
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."

LR 83 - Rules and Directives - By the District Court

(See Fed. R. Civ. P. 83)

LR 83-1 Attorney Admissions - Generally

(a) Limitations on Practice (See LR 83-2 to LR 83-5)

Only attorneys generally or specially admitted pursuant to this rule may practice in the district and bankruptcy courts of the District of Oregon.

(b) Application

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 under the For Attorneys menu.

(c) Payment of Fees

Attorney admission fees must be paid when the application for general or special admission is filed with the Clerk's Office.

(d) Sanctions for Unauthorized Practice

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.

(e) CM/ECF Registration (See LR 5-1)

  1. Attorneys admitted to practice pursuant to LR 83 are required to complete and deliver to the Clerk's Office, the CM/ECF Attorney Registration form found on the Court's website on the For Attorneys page under the Attorney Admissions tab.
  2. Attorneys may apply to the assigned judge on a case-by-case basis for exemption from CM/ECF Registration.

LR 83-2 Admission to General Practice

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 in good standing with the Oregon State Bar.

LR 83-3 Special Admissions - Pro Hac Vice

(a) Application for Special Admission Pro Hac Vice (See Application for Special Admission - Pro Hac Vice)

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:

  1. Associates with an attorney admitted to general practice before the bar of this Court, who will meaningfully participate in the preparation and trial of the case. (See LR 83-2 and LR 83-4).
  2. Pays the admissions fee and files a pro hac vice admission application in every case in which the attorney seeks to be specially admitted.
  3. Certifies having professional liability insurance, or financial responsibility equivalent to liability insurance, that meets the insurance requirements of the Oregon State Bar for attorneys practicing in this District, and that will apply and remain in force for the duration of the case, including any appeal proceedings.

(b) Motion to Waive Special Admissions Fee

Upon motion and for good cause shown, any attorney may move to have the Court waive the special admission fee.

(c) Order Granting Special Admission

The assigned judge will review and rule upon the application for special admission.

(d) Scheduling Court Proceedings

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.

(e) Notice to Pro Hac Vice Counsel

Pro hac vice counsel registered with the CM/ECF system pursuant to LR 83-1(e) will receive electronic notice pursuant to LR 5-1(a)(2).

LR 83-4 Special Admissions - Government Attorneys

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).

LR 83-5 Special Admissions - Certified Law Students

(a) Eligibility

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").

(b) Certification

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).

(c) Supervising Counsel

  1. In all cases, there must be a supervising attorney who is a member of the bar of this Court and attorney of record for the client on whose behalf the law student is appearing. No law student may appear until the client, the supervising attorney, and the assigned judge have consented to such an appearance.
  2. The supervising attorney is responsible for explaining to the client the nature and extent of the law student's participation, and for obtaining the client's consent to such participation. The client's consent must be filed and will become part of the record of the case. Consent by the United States Attorney for the District of Oregon will constitute consent by the United States.
  3. The supervising attorney must be present at all times when the law student appears before the Court. The supervising attorney must 'supervise the student and is responsible for the quality of the student's work.

LR 83-6 Suspension or Disbarment

(a) Duty of Counsel to Notify Court

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:

  1. Been suspended or disbarred from practice by any court;
  2. Been convicted of a felony in either a state or federal court;
  3. Resigned from the bar of any court while an investigation was pending into allegations of misconduct which would warrant suspension or disbarment; or
  4. Been notified of a change in admission status in any other jurisdiction that would affect his or her eligibility for general or special admission to the bar of this Court.
Practice Tip
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.

(b) Order to Show Cause

  1. Upon receipt of a notice pursuant to LR 83-6(a), or upon notice or information that an LR 83-6 violation may have occurred, the Court may direct the Clerk to issue an order to show cause why disciplinary action including suspension, disbarment, or other appropriate disciplinary action, should not be taken against the attorney.
  2. The Clerk will mail the order to the last known address of the attorney and the Oregon State Bar's Discipline Committee.
  3. The attorney must file a response to the order within 21 days from the date of the order, showing good cause why he or she should not be subject to disciplinary action. If requested, the responding attorney may ask that a hearing be held on the matter. If a hearing is requested, the Chief Judge may appoint a judge or special master to preside over the hearing.
  4. At the conclusion of any hearing, or within 21 days if no response is filed by the attorney, the assigned judge or master will enter a final order. A copy of the order will be mailed to the attorney and the Oregon State Bar's Discipline Committee.

(c) Court-sponsored Mediator

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.

(d) Reinstatement Following State Bar Disciplinary Action

To apply for reinstatement to the bar of this Court, attorneys must submit the following:

  1. An Application for General Admission to Practice, available on the Court's website. 
  2. Proof of reinstatement to the Oregon State Bar pursuant to separate application under Title 8 of the Oregon State Bar Rules of Procedure; and
  3. The appropriate fee.

LR 83-7 Standards of Professional Conduct

Every attorney admitted to general or special practice and every law student appearing pursuant LR 83-5 must:

  1. Be familiar and comply with the Oregon State Bar Standards of Professional Conduct and this Court's Statement of Professionalism. (See Statement of Professionalism.)
  2. Maintain the respect due to courts of justice and judges.
  3. Perform with the honesty, care, and decorum required for the fair and efficient administration of justice.
  4. Discharge his or her obligations to clients and the Court and assist those in need of counsel when requested by the Court.

LR 83-8 Cooperation Among Counsel

  1. Counsel must cooperate with each other, consistent with the interests of their clients, in all phases of the litigation process and be courteous in their dealings with each other, including matters relating to scheduling and timing of various discovery procedures.
  2. The Court may impose sanctions if it finds that counsel has been unreasonable in not accommodating the legitimate requests of opposing counsel. In a case where an award of attorney fees is applicable, the Court may consider lack of cooperation when setting the fee.

LR 83-9 Appearances by an Attorney

(a) Appearance by Filing

The filing of any document constitutes an appearance by the attorney who signs the document.

Practice Tip
In order to be added to the case docket as attorney of record for notification purposes, each registered attorney must file a Notice of Appearance using his or her individual login and password.

(b) Appearance by Represented Parties Through Counsel

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.

LR 83-10 Notification of Change of Address or Affiliation

(a) Current Address Information

Every attorney admitted to general or special practice, and every unrepresented party, has a continuing responsibility to notify the Clerk's Office whenever his or her mailing address, telephone number, and/or business e-mail address changes. The attorney must update his or her CM/ECF User Account as necessary.

(b) Notice of Change of Mailing and/or Business E-Mail Address

Notice of a change of mailing and/or business e-mail address must be filed in pleading form and served on all parties to any pending action or case on appeal.

LR 83-11 Withdrawal From a Case

(a) Withdrawal - Court Approval Required

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.

(b) Withdrawal - When Co-Counsel Exists

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.

(c) Withdrawal by Counsel Appearing Pro Hac Vice

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).

(d) Withdrawal – When Simultaneous With Appearance of New Counsel

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.

(e) Death, Removal, Suspension, or Inaction of Attorney

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.

LR 83-12 Undeliverable Mail

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.

LR 83-13 Reminders to the Court

(a) Matters Under Advisement

If any matter, including a motion or a decision in a bench trial, is under advisement more than 60 days, the parties must jointly send a letter or e-mail to the assigned judge or courtroom deputy clerk describing the matter and stating when it was taken under advisement.

(b) Failure to Schedule a Preliminary Pretrial Conference

Unless a trial date has already been set, if the assigned judge fails to schedule a preliminary pretrial conference within 14 days after the lodging of the pretrial order or order waiving the pretrial order, each affected party must send the assigned judge a letter advising that no conference has been set.

LR 83-14 Wireless Communication Devices

(a) Definition

For purposes of this rule, wireless communication devices include any device capable of sending or receiving wireless communications signals, such as cellular  and mobile telephones, smartphones, pagers, laptop computers, and personal digital assistants (PDAs).

(b) Limitations on Use

Wireless communication devices must be placed in silent mode while in the courthouse, and are not to be used to record pictures, videos, or audio at any time while inside the courthouse.

(c) Exceptions

  1. Cameras and other recording devices are allowed during naturalization ceremonies, investitures, and other Court-approved ceremonial and educational programs.
  2. Jurors must turn their wireless communication devices over to the courtroom deputy Clerk during deliberation.

LR 83-15 Certifying a Question to the Oregon Supreme Court (See ORS § 28.200-255)

(a) Criteria

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).

(b) Procedural Requirements

  1. Party Responsibilities: Any party seeking to have this Court certify a question of law to the Oregon Supreme Court must file and serve a motion with a supporting memorandum that complies with the requirements of LR 83-15(a).
  2. Court Responsibilities
    1. Assigned Judge: If the assigned trial judge (district, bankruptcy, or magistrate judge) believes that certification of a question to the Oregon Supreme Court is appropriate, he or she will refer that recommendation to the Chief Judge.
    2. Chief Judge Responsibility: Upon receipt of the recommendation, the Chief Judge will confer with other members of the Court. If the Court concurs, the Chief Judge will certify the question to the Oregon Supreme Court.

Amendment History to LR 83
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 affective 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."

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

(See LR 5 and LR 3001)

Note: As of March 1, 2014 the electronic filing provisions of former LR 100 have been moved to Civil LR 5 and Criminal LR 3001.

Subcategories

LR 1 - Scope and Purpose
LR 3 - Commencement of Action
LR 4 - Summons
LR 5 - Service and Filing of Pleadings and Papers
LR 5.2 - Redaction of Filings
LR 6 - Computing Time After Service
LR 7 - Motions Practice
LR 7.1 - Disclosure Statement
LR 10 - Form of Pleadings and Other Documents
LR 11 - Signature Requirements
LR 15 - Amended and Supplemental Pleadings
LR 16 - Pretrial Conferences, Scheduling, and Case Management
LR 23 - Class Actions
LR 26 - Discovery
LR 27 - Depositions: Before Action or Pending Appeal
LR 28 - Depositions in a Foreign Country
LR 29 - Stipulations About Discovery Procedure
LR 30 - Depositions
LR 33 - Interrogatories
LR 34 - Requests for Production
LR 36 - Requests for Admission
LR 37 - Motions to Compel
LR 38 - Right to a Jury Trial
LR 40 - Scheduling Cases for Trial
LR 41 - Dismissal of Action
LR 42 - Consolidation; Separate Trials
LR 45 - Subpoena
LR 47 - Selecting Jurors
LR 48 - Jurors and Participation in the Verdict
LR 51 - Instructions to the Jury
LR 54 - Bill of Costs and Attorney Fees
LR 55 - Default
LR 56 - Summary Judgment
LR 65 - Injunctions and Restraining Orders
LR 65.1 - Securities and Sureties
LR 67 - Deposits in Court
LR 68 - Offer of Judgment
LR 72 - Magistrate Judges: Pretrial Order
LR 73 - Magistrate Judges: Trial by Consent
LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment
LR 79 - Records Kept by the Clerk
LR 81 - Habeas Corpus Petitions
LR 83 - Rules and Directives - By the District Court