Oregon Civil Pleading and Practice

Transcription

1 Over 150 forms on CD! Oregon Civil Pleading and Practice 2006 Revision With Oregon Civil Pleading and Practice you will: Have the procedural answers and forms you need at your fingertips. Represent your clients with confidence. Save precious billable hours. Minimize the cost of online research services.

2 Your litigation practice is fast-paced and demanding! When you have procedural questions, you need answers immediately. With Oregon Civil Pleading and Practice you will always have the answers you need at your fingertips. Answers you will find in this revision include: Production and subpoena of health records since passage of HIPAA Oregon s sufficiency-of-service rules for serving a summons ORCP 21 motions used to attack pleadings Analysis of code pleading versus notice pleading Instances when a tribal court has jurisdiction Applicability of the 2005 Class Action Fairness Act Appealable judgments following the 2003 overhaul of judgments law Statutes of limitations in wrongful death cases Effective settlement agreements Requirements for pleading damages Requesting, arguing, and excepting to jury instructions This ultimate resource for analyzing the ORCPs has been completely revised, describes how the courts interpret the ORCPs, and includes practice tips on how to use them. It contains comparisons with federal rules in key areas when you need to make a decision about taking a case to state or federal court. It also contains forms on CD to save you time. Oregon Civil Pleading and Practice is a must-have for any lawyer who handles civil cases. Buy your copy today. FORMS-ON-CD POLICY: Purchase of this product includes forms on CD licensed to one attorney user. Additional licenses may be purchased for $20 each, either on the order form or at a later time. If you would like to review the license agreement before purchasing additional licenses, please contact the CLE Publications Department at or visit our Web site at www. osbar.org/cle/clelinks.html.

3 Oregon Civil Pleading and Practice 2006 Revision Contents 1 Structure and Jurisdiction of Oregon Courts Eric Yandell 2 Jurisdiction: In Personam and In Rem Keith S. Dubanevich 3 Venue William A. Masters 4 Summons and Service William H. Sherlock 5 Real Party in Interest Jan K. Kitchel 6 Representative Capacity F. Jackson Lewis II 7 Substitution of Parties Hon. David V. Brewer 8 Governmental Units and Officers Denise G. Fjordbeck 9 Corporations: Capacity to Sue and Be Sued, Successor Liability, and Derivative Claims 10 Partnerships, Unincorporated Associations, and Limited Liability Companies Lori Irish Bauman Jeanne M. Chamberlain 11 Individuals as Parties Amy Joseph Pedersen 12 Joinder of Parties Joel S. DeVore 13 Intervention Stephen K. Bushong 14 Third-Party Practice Stephen McCarthy 15 Interpleader Simeon D. Rapoport Cyrus W. Christenson 16 Class Actions Gary M. Berne Scott A. Shorr 17 Oregon Code Pleading Lindsey H. Hughes 18 Pleading Damages D. Gary Christensen Jennifer J. Roof 19 The Complaint: Joinder, Consolidation, and Severance of Claims Wendy J. Paris 20 Default Gordon T. Carey, Jr. Editorial Board Janet M. Schroer, B.A., Bowling Green University (1978); J.D., University of Oregon (1981); member of the Oregon State Bar since 1981; partner, Hoffman, Hart & Wagner, LLP, Portland. Daniel H. Skerritt, B.A., J.D., Willamette University (1965, 1968); LL.M., George Washington University (1972); member of the Oregon State Bar since 1968; partner, Tonkon Torp LLP, Portland. Steve D. Larson, B.S., University of Minnesota (1981); J.D., University of Oregon (1986); member of the Oregon State Bar since 1986; shareholder, Stoll, Stoll, Berne, Lokting & Shlachter, P.C., Portland.

4 21 ORCP 21 Motions Keith A. Ketterling Mark A. Friel 22 Responsive Pleadings: Answers, Affirmative Defenses, Replies Robert C. Kline, Jr. 23 Counterclaims and Cross-Claims Brian L. Gingerich 24 Amended and Supplemental Pleadings Josh Newton David G. Brown 25 Claim Preclusion, Issue Preclusion, and Related Doctrines Daniel L. Keppler 26 Scope of Discovery Mark A. Friel 27 Depositions David B. Markowitz Matthew A. Levin Charles J. Paternoster Leslie S. Johnson 28 Requests for Production and Inspection Jill Schneider 29 Requests for Admission William A. McDaniel 30 Medical Examinations, Reports, and Records; Individually Identifiable Health Information David S. Mepham 31 Settlement and Compromise Michael B. Merchant Brooke M. Burns 32 Permanent Injunctions, Temporary Restraining Orders, and Preliminary Injunctions Michael G. Hanlon 33 Receivers James Ray Streinz 34 Provisional Process Stuart I. Teicher Laurie R. Hager 35 Declaratory Judgments Renée E. Rothauge Linda M. Bolduan 36 Mandamus James N. Westwood 37 Special Writs: Writ of Review and Quo Warranto Joseph E. O Brien 38 Trial Motions Michael C. Lewton Robert E. Sabido 39 Jury Instructions, Verdicts, and Special Findings Christopher F. McCracken 40 Posttrial Matters Cathy E. Crandall 41 Attorney Fees, Cost Bills, and ORCP 17 Sanctions Christina L. Beatty-Walters Emily S. Courtnage 42 Summary Judgments Richard L. Baum 43 Appealable Judgments and Orders Cecil Reniche-Smith 44 Pleading and Practice in Tribal Courts Robert James Miller RETURN POLICY: Returns with receipt (picking list) are accepted within 30 days from the shipping date. Defective products will be replaced. Full refund for books with no visible marks, creases, etc. Full refund for unopened CD-ROMs, audio, and video products; 50% credit for like-product if seals are broken. Please send to OSB, Attention: Returns, 5200 SW Meadows Road, Lake Oswego, Oregon Questions? Call ; toll-free in Oregon , ext. 413.

5 Order Form Oregon Civil Pleading and Practice Name Bar # Firm Name Phone Shipping Address (No PO Box) City State Zip Code PRINT FORMAT WITH FORMS ON CD vols. without binders [435.KB] $ $ vols. with binders [435.KT] $ $ All of our forms on disk now come on CD. *CD-ROM FORMAT vols. [435.CD] $ $ ADDITIONAL LICENSES FORMS ON CD 2006 forms on CD additional user license [417510F.CW] $ $ * Minimum system requirements for CD-ROM with search engine: Windows 95 or newer; 486 processor; 32 MB of RAM; 20 MB available hard disk space. PAYMENT OPTIONS: Check Enclosed: Payable to Oregon State Bar Please Bill: Customer No. Credit Card (VISA & MasterCard Only) All the information below is required when paying by credit card. Subtotal: $ Shipping and handling fee: $ 7.00 TOTAL ORDER: $ WB Credit Card Number Expiration Date Name on Credit Card (Please Print) Credit Card Billing Address City State Zip Code Authorized Signature FOUR WAYS TO ORDER: 1. ONLINE: Order online with a credit card at our secure bookstore at 2. MAIL: Mail order with payment to: Oregon State Bar Service Desk, PO Box 1689, Lake Oswego, Oregon FAX: Fax this page, including credit card information, to the Service Desk at To avoid duplicate orders, do NOT mail a copy. 4. PHONE: Call the Service Desk at , or toll-free in Oregon , ext Please allow two weeks for normal delivery for all order methods Oregon State Bar