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Tuesday, June 18, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

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).)

Amendment History to LR 10
June 1, 2002
LR 10.1(a) Subsection retitled.
Language from LR 10.2(e) added and modified to include requirement for unnumbered paper.
Subsequent rules renumbered.
LR 10.1(d) Amended to substitute "maximum" for "minimum."
LR 10.1(e) Language moved to LR 10.1(a).
Subsequent rules renumbered.
LR 10.1(g) Subsection (1) amended to add "..of a pleading or document...."
Subsection (2) amended to add "...and documents will be clearly numbered."
LR 10.2(a) Cross-reference to LR 15.1 added.
Last sentence "An example..." added for clarity.
Advisory Notes modified to conform with e-noticing methods of CM/ECF.
LR 10.2(c) New Rule. Subsequent sections relettered.
LR 10.2(e) New Rule. Subsequent sections relettered.
LR 10.3 This is a new rule to reflect Judicial Conference policy (See Appendix of Forms). The previous version of LR 10.3, and all following rules, have been renumbered accordingly.
LR 10.4 Amended to require that the affiant's signature be notarized.
LR 10.7(a) Amended to substitute "initial complaint" for "document."
LR 10.10(b) Amended to substitute "may" for "will."
LR 10.11 New rule. Page Limitations Cross Reference Guide added.
July 1, 2002
LR 10.3(b) Amended to exempt administrative records in social security proceedings.
April 16, 2003
LR 10.3(a) Amended pursuant to the E-Government Act of 2002.
June 1, 2006
Generally Changed "Advisory Note.." to "Practice Tip" throughout.
Format Examples modified.
Cross References updated throughout.
Appendix of Forms numbers updated.
Format of numerals modified throughout;, i.e. "ten (10)."
LR 10-1(a) Practice Tip deleted.
LR 10-2(b) Example changed to reflect divisional venue requirement.
LR 10-2(f) Restructured the sentence beginning with "The case number..."
LR 10-3 Deleted and moved to LR 5.5.
Subsequent sections renumbered.
LR 10-3 The word "Declarations" added to the section heading and body of the rule.
New subsections (b) and (c) added.
LR 10-4(b) The word "conventionally" added.
LR 10-9(b) "The Court may issue..." sentence deleted.
December 1, 2009
Generally The entire rule has been edited for clarity, brevity, and consistency. Clarified that rule applies to pleadings "and other documents."
Updated lexicon, i.e., substituted the word "fax" for "facsimile telephone."
Included references to "footer."
Updated cross-references and deleted references to Appendix of Forms.
LR 10-1 Moved "Paper Requirements" from (a) to (g) and relettered other subsections accordingly.
Edited for clarity, including addition of "when paper copies are filed with the clerk."
Moved requirement of one-sided printing to different subsection. Clarified that pages should not be numbered on left side.
Specified reference to Practice Tip regarding judges' copies.
Changed "will" to "must."
LR 10-1 (Practice Tips) Edited to clarify the requirement for pre-punching holes in documents sent to the Court.
Added Practice Tip regarding judge's preferences on the location of the hole punches and information on acceptable permanent fastening accessories for larger documents.
LR 10-2 Practice Tip edited for clarity, including specifying that local counsel is always "lead" counsel for purposes of this rule.
Eliminated statement that paper copies will be sent to lead counsel if local.
Set out last sentence as separately numbered paragraph for emphasis and to clarify that, when paper service or filing is required by the rules, the Court will send paper copies only to "lead counsel" and pro se litigants.
LR 10-3 Clarified that affidavits and declarations must have their own captions and footers, changed "will" to "must" in 10.3(a).
LR 10.4 Removed as duplicative of Fed. R. Civ. P. 5.1.
LR 10.5 Removed as a rule without a rule. Subsequent subsections renumbered.
LR 10.7 Removed as a rule without a rule. Subsequent subsections renumbered.
LR 10.8 Removed as a rule without a rule. Subsequent subsections renumbered.
LR 10-10 Added the Page Limitation Table into the rule.
March 1, 2012
LR 10-2(f) The following new sentence has been added: "The case number must include the division code pursuant to LR 3-2." In the example, the case number was changed to reflect the division code.
LR 10-4(a) The word "compliant" was changed to "complaint" to rectify a spelling error.
LR 10-6 "Filed only upon request of the Court" added to Comment column in Page Limitation of Concise Statement of Material Fact. Rule citation changed from "LR 56-1(d)" to "LR 56-1." Added word-counts to reflect new alternate limits.
March 1, 2013
LR 10-4 Addition of (See LR 26-6) in the title, and clerical correction to remove errant "c" in subsection (a).
March 1, 2014
LR 10-1(c) Changed "twelve (12)" to "12" and “ten (10)" to "ten."
LR 10-1(d) Omitted "(1)" after "one."
LR 10-1(e) Omitted "(1)" after "one."
LR 10-1 Practice Tip 3 Changed "3 hole" to "three hole" and "2 hole" to "two hole."
LR 10-2(a) Practice Tip 3 Updated cross-reference from "LR 100-5" to "LRs 5-4(c) and 5-5."
LR 10-2(b) Omitted "(1)" after "one."
LR 10-2(d) Omitted "(4)" after "four."
LR 10-3(c) Updated cross-reference from "LR 100-11" to "LR 5-13."
LR 10-6 In table, changed "10" to "ten" and "5" to "five."
May 1, 2015
LR 10-1 Changed "at least 12-point font " to "no smaller than 12-point font" and removed "at least ten typed characters."
LR 10-2 Removed "on paper that is not numbered down the left margin."
March 1, 2016
LR 10-1(e) Updated cross-reference from "Practice Tip below" to "LR 5-6."
LR 10-1(g) Text deleted from LR 10-1(g) and moved to LR 5-6.
LR 10-1 Practice Tips Text deleted from Practice Tip #2 and moved to LR 5-6. Practice Tip #3 renumbered #2.
LR 10-2 In the caption, replaced "Complaint form" with "Model Form for Pleadings and Other Documents."
LR 10-2(a) Added the words "(name, bar number, e-mail address, law firm, street address, phone number, and party represented)" after the word "information."
LR 10-2(b) Deleted the Example.
LR 10-2(d) Changed "four lines from the bottom of the" to "below the" in the first sentence.
LR 10-2(d) Practice Tips Deleted "and bold faced," "e.g.," and "PLAINTIFFS" from, and added "for example:" to Practice Tip #2.
LR 10-2(f)

Changed "Right" to "Starting at the center of the page, left" in the first sentence.

Deleted the Example.

LR 10-2(g)

Deleted the Example.

Added a new Practice Tip with the following text:  "A Model Form for Pleadings and Other Documents may be found on the Court's website."

LR 10-3(c) Updated cross-reference from "LR 5-13" to "LR 5-14."
LR 10-4(a) Added "DEMAND FOR" and removed "REQUESTED" from the Example.
LR 10-7 Moved text from LR 84 to new LR 10-7.
LR 10-7 Practice Tips Moved text from LR 84 Practice Tips to new LR 10-7 Practice Tips.
January 1, 2019
LR 10-1(e) Updated the cross-reference from "LR 5-6" to "LR 5-5."
LR 10-2(a) In Practice Tip 3, changed "(See LR 5-4(c) and LR 5-5)" to "(See LR5-4)."
LR 10-3(c) Updated the cross-reference from "LR 5-14" to "LR 5-13."

January 21, 2020

LR 10-1(d)

Inserted "Except for exhibits that are deposition transcripts, pleadings and other documents must not be numbered down the left margin."

LR 10-1(e)

Renumbered to LR 10-1(f)(2). 

LR 10-1(f)

Renumbered to LR 10-1(e).  Inserted new heading "Paper Filing Requirements."

LR 10-1(f)(1).

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

LR 10-1(f)(2)

New subsection number; renumbered from LR 10-(e).

LR 10-3(c)

Updated cross-reference from "LR 5-13" to "LR 5-12."

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 17 – Claims Involving Protected Persons Under Fed. R. Civ. P. 17(c)

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers