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Local Rules of Civil Procedure

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.
Last Updated: Tuesday, February 14, 2017

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."
Last Updated: Tuesday, February 14, 2017
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