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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 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.








Case No.:

Personal Injury Action (28 U.S.C. § 1332)

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 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 5-4(a).)

(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:


    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.


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