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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 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) 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.

(f) Paper Filing Requirements

  1. Paper Copies

    Paper copies filed with the clerk must be on one-sided 8 ½" x 11" paper, flat and unfolded, without back or cover.

  2. 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.  Rubber bands or large clips do not qualify as "permanent fastening devices" for purposes of this rule.  Metal fasteners, ring or nylon binder posts may be used.

Practice Tips
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), 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
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.

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 5-12.)

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.


(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.

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
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).)
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