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Sunday, November 29, 2020

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

Local Rules of Civil Procedure

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 21, 2020.  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

refers to the Court's electronic filing and case management system; an acronym for "Case Management/ Electronic Case Files."

(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) E-file

the act of filing any pleading, document, exhibit, memorandum, or other material via CM/ECF.

(f) Electronic Filing

means any pleading, document, exhibit, memorandum, or other material filed using CM/ECF.

(g) Electronic Service

means service of any electronic filing on a Registered User via CM/ECF, or by other electronic means that the person consented to in writing. (See Fed. R. Civ. P. 5(b)(2)(E) and LR 5-1.)

(h) Judge or Judicial Officer

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

(i) Notice of Electronic Filing (NEF)

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

(j) PACER

refers to the electronic public access website maintained by the Federal Judiciary at pacer.uscourts.gov.  Also, an acronym for "Public Access to Court Electronic Records."

(k) Party

includes counsel of record for the represented party.

(l) Registered User

An attorney or pro se litigant who has been granted e-filing privileges in CM/ECF.

Last Updated: Friday, June 26, 2020

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."
January 1, 2019
LR 1-2 Changed "January 1, 2018" to "January 1, 2019."
LR 1-5(h) In the title, deleted "(See LR 5-4)" after "Filing."
January 21, 2020

LR 1-5(b)

Replaced "is the acronym for the federal judiciary's case management and electronic case filing system. (See LR 5-2 and the Court's website at ord.uscourts.gov.)" with "refers to the Court's electronic filing and case management system; an acronym for 'Case Management/Electronic Case Files.'"

LR 1-5(e)

Definition of "Electronic Filing" renumbered to LR 1-5(f). Inserted definition of "E-file" as "the act of filing any pleading, document, exhibit, memorandum, or other material via CM/ECF."

LR 1-5(f)

Definition of "Electronic Service" renumbered to LR 1-5(g). Definition of "Electronic Filing" renumbered from LR 1-5(e).  Deleted "the" before "CM/ECF" and "system" after "CM/ECF."  Deleted reference to local rule.

LR 1-5(g)

Definition of "Judge or Judicial Officer" renumbered to LR 1-5(h).  Definition of "Electronic Service" renumbered from LR 1-5(f). Deleted "using the" and inserted "on a Registered User via" before "CM/ECF."   Deleted "system" after "CM/ECF" and inserted a comma followed by "or by other electronic means that the person consented to in writing."  Added reference to Fed. R. Civ. P. 5(b)(2)(E).

LR 1-5(h)

Definition of Notice of Electronic Filing renumbered to LR 1-5(i). Definition of "Judge or Judicial Officer" renumbered from LR 1-5(g).

LR 1-5(i)

Definition of "Party" renumbered to LR 1-5(k).  Definition of "Notice of Electronic Filing" renumbered from LR 1-5(h).  Inserted "(NEF)" after subheading.  Deleted "refers to the" and inserted "a" at the beginning of the sentence.  Added "sent via e-mail" after "document" and replaced "the" with "a" before "CM/ECF."

LR 1-5(j)

Deleted. Inserted subheading "PACER" followed by "refers to the electronic public access website maintained by the Federal Judiciary at www.pacer.gov.  Also, an acronym for 'Public Access to Court Electronic Records.'"

LR 1-5(k)

Definition of "Registered User" renumbered to LR 1-5(l).  Definition of "Party" renumbered from LR 1-5(i).

LR 1-5(l)

New subsection number added. "Registered User" renumbered from LR 1-5(k). Deleted "Attorneys admitted to practice in this Court pursuant to LR 83-1 and registered with the CM/ECF system pursuant to LR 83-1(e), and pro se litigants who have been granted permission by a judicial officer to electronically file documents pursuant to LR 5-1(c)" and inserted "An attorney or pro se litigant who has been granted e-filing privileges in CM/ECF."   

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