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Local Rules of Civil Procedure

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Nothing belonging in any paper files of the Court may be withdrawn from the custody of the Clerk's Office without a court order and a signed receipt that specifies the matter withdrawn.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.

Last Updated: Tuesday, February 14, 2017

 


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."
Last Updated: Tuesday, February 14, 2017
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