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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 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.

(c) Payment of Fees

Attorney admission fees for general or special admission is must be paid upon notice of fee due..

(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.

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.

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. This notification requirement applies when an attorney enters inactive status for any reason.
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 or Return to Active Status

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 Rules 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.

(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 PACER account.

(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 Recording Devices; Wireless Communication Devices

(a) Definitions

  1. Recording device. Any device, including a wireless communication device, capable of recording sound or images using any medium.
  2. Wireless communication device. 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

  1. Wireless communication devices must be placed in silent mode while in the courthouse.
  2. Jurors must turn their wireless communication devices over to the courtroom deputy clerk during deliberation.
  3. Recording devices may not be used to record:
    1. pictures, video, or audio at any time while inside the courthouse; or
    2. any court proceedings conducted remotely using teleconferencing, videoconferencing, or any other form of electronic communication.

(c) Exception

Cameras and other recording devices are allowed during naturalization ceremonies, investitures, and other Court-approved ceremonial and educational programs.

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.
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