Annual Probate Update and ecourt Presentation

Transcription

1 Annual Probate Update and ecourt Presentation Hon. Katherine Tennyson Multnomah County Circuit Court Judge Hon. Andrew Erwin Washington County Circuit Court Judge Hon. Robert Herndon Clackamas County Circuit Court Judge Daniel Parr Office of the State Court Administrator CLE Seminar June 4, 2014

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3 OREGON ecourt INFORMATION FOR ATTORNEYS, GOVERNMENT AGENCIES & COMMUNITY PARTNERS Oregon ecourt will give courts and judges the tools they need to provide just, prompt, and safe resolution of civil disputes; to improve public safety and the quality of life in our communities; and to improve the lives of children and families in crisis. Better Access Better Information Better Outcomes Oregon ecourt went live in the Yamhill County Circuit Court on Monday, June 4, Yamhill County Circuit Court served as the pilot court for the implementation of the Tyler Technologies Odyssey product, better known to the public as Oregon ecourt Case Information (OECI). The role of the pilot court was to prove the solution. Crook, Jefferson, Linn, and Jackson County Circuit Courts were early adopter courts. Linn, Crook, and Jefferson County Circuit Courts went live with Odyssey on Monday, December 10, Jackson County Circuit Court went live on Monday, March 11, The role of the early adopter courts was to prove the implementation before it is rolled out to all courts statewide. This involved testing and fixing issues prior to installation in other courts. As a result, not all components are installed at go-live. Some changes or revisions may be made to the system based on the experience of the pilot and early adopters and additional implementations. During this time, the patience of our users and business partners is greatly appreciated. We have now entered the statewide rollout phase with Clatsop, Columbia, and Tillamook Circuit Courts going live August The remaining Oregon Circuit Courts are in the process of transitioning from OJIN to Oregon ecourt. During this transition period (now through June 2016) you will find case information in OJIN for all courts that have not transitioned to Oregon ecourt. As courts move to Oregon ecourt their information will be found in OECI (Oregon ecourt Case Information System). On the following page you will find the statewide ecourt rollout schedule for the remaining courts. Page 1 of 10

4 Quarter st 1 Jackson (March) Benton Polk (January) Lane Lincoln Washington Tax Court nd 2 Yamhill (June) Multnomah (May) Deschutes Klamath Lake Morrow Umatilla Wallowa Union Grant Harney Baker Malheur rd 3 Clatsop Columbia Tillamook (August) Coos Curry Hood River Wasco Gilliam Wheeler Sherman th 4 Crook Jefferson Linn (December) Douglas Josephine Marion Clackamas Accessing Court Information: OJIN OnLine: OJIN OnLine subscribers have Internet access to case information. This subscription service gives access to the OJIN Case Management System and the new Oregon ecourt Case Information (OECI) system. Currently Yamhill, Linn, Crook, Jefferson, Jackson, Clatsop, Columbia, and Tillamook County Circuit Court Case Information can be found in the OECI system. Polk and Benton Circuit Court information will be available in the OECI system on January 27, Documents are not available for viewing at this time through OJIIN OnLine. OJIN OnLine is a paid subscription service unless you are a public agency. For additional information on subscription service go to: Courthouse Public Access Terminals: Free access to both OJIN and the OECI system. Public documents are viewable on non-confidential case types for cases added in ODYSSEY. Court Records/Information Counters: Physically go to the courthouse and request to see a pre-odyssey case file. For the first week after Go Live in your court if you wish to Page 2 of 10

5 see a document filed in the Oregon ecourt Case Information System you will need to ask for a copy at the courthouse window. Public Terminals at the courthouse should be able to access public documents in the Oregon ecourt Case Information System one week after Go Live in your court. Subscription (OJIN Online/OECI) User Name & Password: When Yamhill County Circuit Court went live in June 2012, OJIN OnLine subscribers were given a temporary password to OECI. If a user did not see the temporary password, or forgot the password, they can request a new temporary password from the OJD Help Desk by calling Once you have received your temporary password, follow the below instructions to change your password in OECI. It is recommended that you use your same OJIN OnLine password for OECI access. Log in to the OECI Click on the My Account Link on the navigation menu (the black bar located at the top of the page on the left) and select change my password. Access to Confidential Case Types: In OECI you will not automatically have access to all the case types you had access to in OJIN. The Oregon ecourt Case Information (OECI) system does not automatically give attorneys of record access to juvenile and mental health case types even if you had access to them in OJIN. Any current OJIN Online subscriber that has access to juvenile or mental health cases was sent a new Restricted Access Request form to complete. If you misplaced this request form you can request another one by calling or by ing OJIN.Online@ojd.state.or.us. Upon completing the form it OJIN.Online@ojd.state.or.us. Once the steps associated with this request are completed, and upon approval of the State Court Administrator, you will have access to all cases in which you are the attorney of record regardless of case type. If you believe you need access to juvenile or mental health cases that you are not the attorney of record on, you will need to include that information in your request and detail specifically why you need this access. These requests will be reviewed by the State Court Administrator and you will be notified of the decision. If you wish to have access to all your cases, regardless of case type, you should complete this process immediately. If an attorney or agency does not have an active OJIN Online subscription, a request for an account can be made by using the sign up link on the OJIN Online home page: Page 3 of 10

6 Minimum Computer Requirements to Access OJIN Online: A current subscription to OJIN Online A PC-compatible computer running Windows XP or higher An Internet Service Provider (ISP) One of the following web browsers Internet Explorer 6 or higher; Firefox 3 or higher or Google Chrome Oracle s Java Runtime Environment Training: The Oregon ecourt Case Information (OECI) system is user-friendly and easy to navigate. While there is no formal training provided for the OECI system, a Quick Reference Guide and Frequently Asked Questions have been created and are available on the OJIN Online web page under support at the following link: Online Access to Court Information in OJIN and OECI at Go Live in Your Court: Starting approximately three to five (3-5) business days prior to a court going live with Oregon ecourt, public access to case information for that court through OJIN will be suspended for up to two weeks. This is necessary for two reasons: First, all data in the OJIN system will be converted into Odyssey. This will take approximately two to three days. Once this conversion is complete, local court staff will begin to backload case information that was generated, but not entered into OJIN, during the conversion process. This will happen the weekend prior to the court s implementation and must be completed for the court to go live on the following Monday. Second, once all of the data has been converted and back-loaded, teams from the Salem administrative divisions, Tyler Technologies, and local court staff will check and validate that the correct data has been loaded and accessible in OECI. (OECI is a separate data base from Odyssey.) This process takes up to 10 business days to complete. Information for all other courts remains available during this time in both OJIN and OECI. Displayed Case Information in OECI: The Oregon ecourt Case Information (OECI) system currently displays the following information on a Case Summary Page: Case Number Page 4 of 10

7 Case Caption Case Type/File Date/Court Location Party and Attorney Information *One change you will notice from OJIN is that only the individual s year of birth is displayed as opposed to the month/day/year. Charges Disposition(s) Events/Hearings and comments related to the event or hearing Financial Summary Currently, there is no online access to documents in the OECI system. To view documents, you must go to the courthouse and use one of the public terminals to view public access documents. Remote Electronic Access to Documents: Currently there is no remote access to documents in OECI. A number of pilots began in February/March 2014 for various Designated Government Users to access case documents from their computers. Based on the preliminary results of these pilots it is anticipated that remote access to OSB members will be available in late May. Notices: As courts go live with Oregon ecourt attorneys will receive an with a link to electronic notification of hearings, trials, and judgment entry. The link to the electronic notice will only be sent to the address on file with the Oregon State Bar (OSB). An updated attorney file is downloaded to the court from the OSB on a daily basis. Please be sure that your address with the OSB is up-to-date. To change your address you must submit the change to the OSB, not to the court. If you wish court notifications to go to someone else in your office, you will need to set up your to automatically forward the containing the link to the notices from the court to their address. The addresses you will receive these notifications from are: Court_Notification@ojd.state.or.us Hearing_scheduled@ojd.state.or.us Hearing_rescheduled@ojd.state.or.us Hearing_cancelled@ojd.state.or.us Judgment@ojd.state.or.us As of this time we have not experienced an system incapable of receiving these s. However, some users have received the with the hyperlink stripped from the message and have had to copy and paste the link into their internet browser. The inability to open an imbedded internet link directly from your message is usually caused by or internet Page 5 of 10

8 security policies implemented by your organization or provider. Please contact your local support technician to confirm whether this is the situation. The court does not have the ability to advise as to your local or internet security settings. Case Numbering: The case numbering system in Oregon ecourt is a statewide uniform system. Case numbers are assigned in chronological order throughout the state. Felonies and Misdemeanors have the same schema (13CR #####). Cases converted from OJIN to the Oregon ecourt system will retain their OJIN case number. Case Categories: All cases will fall under one of four case categories in the Oregon ecout system. These are Criminal (Felony/Misdemeanor/Traffic/Juvenile Delinquency), Civil, Family (Includes Juvenile Dependency), and Mental Health/Probate. Please note that Juvenile Cases will now fall under the Criminal or Family case categories. Dockets/Calendars: Court calendars are available to the public on the OJD s web site at: There you will find three options: OJIN Circuit Court Calendars courts who have not migrated to Odyssey/OECI Oregon ecourt Circuit Court Calendars courts that have migrated to Odyssey/OECI Custom Oregon Court Calendars courts who produce a custom calendar The Oregon ecourt calendars have functionality that allows the user to select a county then narrow their search to select a calendar for a specific attorney, a case number, a judicial officer, a party or defendant name, or for a date range. The user can also expand or limit their search to one or more of the main case categories: Criminal, Civil, Family, or Mental Health/ Probate. After the selected parameters are entered and the results are displayed the user can sort the results by case number, defendant, hearing type, judicial officer, plaintiff, or date and time. Additionally, OJIN Online subscribers who access the calendars for courts in the OECI system using their online subscription found at ( will find hot links to the register of actions (Case Summary) for each case. Page 6 of 10

9 *It is important to remember that the OECI calendars do not include confidential cases on the public access calendar. In order to view your confidential cases you will need to have completed and have approved a Restricted Access Request Form. You will then be able to view them remotely through your OJIN Online subscription based upon your SCA approved authorization. The minimum computer requirements to access OECI Public Calendars are: A PC-compatible computer running Windows XP or higher An Internet Service Provider (ISP) Internet Explore v7 and newer are supported. Firefox, Chrome and Safari are not supported at this time. Page 7 of 10

10 Purchasing Public Access Documents in OECI: Public access documents contained in OECI may be purchased at the court they were filed in. At the discretion of the local TCA you may be able to purchase public access documents from other Oregon Circuit Courts provided they do not need to be certified or exemplified copies. Certified and exemplified copies must be purchased from the court the original document was filed in. Supplemental Local Rule (SLR) 24: Supplemental Local Rule (SLR) Chapter 24 will become effective prior to Oregon ecourt implementation in your local circuit court. Chief Justice Order allows for the out-ofcycle adoption of this supplemental rule. The SLR will, at a minimum: efiling: Designate electronic documents filed with the court, or those documents manually imaged by the court, as the official court record; Allow the court to electronically sign documents; Prohibit combined motions and orders; Allow Stipulated and Ex Parte matters to be submitted electronically for signature by a judge when efiling of a proposed order is available. If an ex parte motion and corresponding proposed order are electronically filed, the order must be submitted as a separate document from the motion; Relieve parties in domestic relations proceedings involving child support from the obligation of having to submit an extra copy of the proposed judgment for the Department of Justice, Division of Child Support; Relieve parties from the requirement under UTCR of having to submit conforming cards in probate matters. Allow self-represented litigants to request and receive notice by ; File and Serve (efiling) is now available in Yamhill, Linn, Crook, Jefferson, Jackson, Clatsop, Columbia and Tillamook County Circuit Courts with a few case type and document exceptions. Currently efile does not have the ability to initiate a criminal or juvenile delinquency cases or accept filings of proposed orders or requests for fee waivers or deferrals. Subsequent filings in criminal and juvenile delinquency cases can be electronically filed. Starting with the Oregon ecourt implementations in Polk and Benton County Circuit Courts in January 2014, 30-business days after a court goes live a pilot law firm will begin to efile with Page 8 of 10

11 the courts. Then, 15 business days later efiling is opened up to all attorneys. Registration and training is required prior to using the system. Attorney Training for efiling: Free live webinars and self-study online training modules provided by Tyler Technologies will be available at all times on the File and Serve Portal under the TRAIN section along with a Frequently Asked Questions section. (Once this site comes up click on the start now button to see the Train section. Frequently asked questions and user guide can be accessed from either location on this website.) New users are responsible for taking the training before registering and attempting to use the File and Serve System. By agreeing to the OJD efiling System Terms of Use during the registration process you are agreeing that: Prior to using the efiling system, you will complete all efiling training necessary to understand and use the efiling System. Prior to efiling going live in a Circuit Court, the Oregon Judicial Department s Office of Education, Training, and Outreach will present an overview of File and Serve to local attorneys to include: how it works; how to register; how to access it; as well as reviewing UTCR Chapter 21 with attorneys. Costs Associated with efiling: Effective October 1, 2013 (other than the statutory filing fees associated with the case) there are no additional charges for using the File and Serve System. What You Can Do Now to Prepare for Oregon ecourt: If you are an OJIN Online subscriber complete your Restricted Access Request and submit to the State Court Administrator. If you wish others in your office to view your electronic notification set up your to automatically forward to their addresses. Go to the courthouse to access the public terminal or go to OJIN Online if you are a subscriber and become familiar with how OECI looks and works. Review the user Guide and Frequently Asked Questions available on the OJIN Online webpage. Go to calendars on the OJD webpage and see how they work. If not already doing so, submit motion and orders as separate documents. Become familiar with how efiling works by going to the efiling webpage, taking the Tyler web training and reviewing the User Guide and Frequently Asked Questions. Page 9 of 10

12 GENERAL CONTACT INFORMATION Presentations: Schedule a presentation on Oregon ecourt for your organization or agency. Call or Oregon Judicial Department Office of Education, Training and Outreach oeto@ojd.state.or.us OECI User and OJIN Online User Support: OJD Help Desk: Monday-Friday 7am to 6pm ETSDHelp@ojd.state.or.us or OJIN Online Subscriber/Business Support: OJIN.Online@ojd.state.or.us Office Hours: Monday-Friday 8am to 5pm File & Serve/eFiling User Support: Tyler Tech: Monday to Friday 7am to 7pm efiling.support@tylertech.com Learn All About Oregon ecourt: Page 10 of 10

13 OREGON ecourt BETTER ACCESS BETTER INFORMATION BETTER OUTCOMES Oregon ecourt replaces the 25 year old OJIN paper based case management system with the Odyssey paper on demand integrated case management, content management, financial management, efiling, epayment person based system. The public access component of Oregon ecourt is the Oregon ecourt Case Information System better known as OECI. Oregon ecourt is currently live in 10 circuit courts Yamhill, Linn, Crook, Jefferson, Jackson, Tillamook, Clatsop, Columbia, Polk and Benton. The next court to go live is Multnomah on May 12, 2014 followed by Marion, Douglas and Josephine on December 8, In 2015 Lane and Lincoln go live in the first quarter; Deschutes, Klamath and Lake in the second quarter; Coos, Curry, Hood River, Wasco, Gilliam, Wheeler, Sherman in the third quarter; and Clackamas in the fourth quarter. In 2016 Washington and the Tax court go live in the first quarter followed by Morrow, Umatilla, Wallowa, Union, Grant, Harney, Baker and Malheur in the second quarter. OJIN OnLine Subscribers to OJIN OnLine have internet access to case information through OJIN for the courts who have not implemented Oregon ecourt and through OECI for courts that have implemented Oregon ecourt. Designated Government users are not charged for using this service. Information, support and registration can be found at the following link: Training -The OECI system is user-friendly and easy to navigate. While there is no formal training provided for the OECI system, a Quick Reference Guide and Frequently Asked Questions have been created and are available on the OJIN Online web page under support at the following link: Remote Access to Documents Currently there is no remote access to documents in OECI. A number of pilots began in February/March 2014 for various Designated Government Users to access case documents from their computers. Based on the preliminary results of these pilots it is anticipated that remote access to OSB members will be available in late May. To view confidential cases (Juvenile and Mental Health) you must have submitted to and been approved for access by the State Court Administrator. You can request this form (Restricted Access Request Form) by calling or by ing OJIN.Online@ojd.state.or.us. Electronic Notices As courts go live with Oregon ecourt attorneys will receive an with a link to electronic notification of hearings, trials and judgment entry. This notice is sent to the address on file with the Oregon State Bar. The addresses you will receive these notifications from are: Court_Notification@ojd.state.or.us; Hearing_scheduled@ojd.state.or.us; Hearing_rescheduled@ojd.state.or.us; Hearing_cancelled@ojd.state.or.us; and Judgment@ojd.state.or.us. Please set your to automatically forward mail from these addresses if you wish others in your office to receive them. Case Numbering Case numbering in Oregon ecourt is a statewide uniform system. Case numbers are assigned in chronological order throughout the state. Cases converted from OJIN into OECI will retain their OJIN case number.

14 Case Categories All cases in Oregon ecourt will fall under one of four categories. Criminal, Civil, Family and Mental Health/Probate. Please note Juvenile Delinquency cases will fall under the Criminal case category and Juvenile Dependency under the Family case category. Court Calendars Calendars for both OJIN and OEIC can be found on the OJD Website at: - (public access- no confidential cases are viewable on the public calendar): or (paid subscription access - confidential cases viewable based on access authorization). Supplemental Local Rule 24 SLR 24 will become effective a minimum of one month prior to your court implementing Oregon ecourt pursuant to a Chief Justice Order that allows for the out-of-cycle adoption of this supplemental rule. Three of the items it addresses are: (1) Designates electronic documents filed with the court, or those documents manually imaged by the court, as the official court record; (2) Notwithstanding UTCR 2.01(12)(c) or any other SLR, a motion and order may not be submitted as a single document; (3) Allows the court to electronically sign documents. efiling - File and Serve (efiling) is not available at the time a court implements Oregon ecourt. Thirty (30) business days after a court implements Oregon ecourt a pilot law firm will begin to efile with the court. Then fifteen (15) business days later efiling is opened up to all attorneys. Currently efiling is now available in Yamhill, Linn, Crook, Jefferson, Jackson, Clatsop, Columbia and Tillamook County Circuit Courts with a few case type and document exceptions. At this time efile does not have the ability to initiate a criminal or juvenile delinquency cases or accept filings of proposed orders or requests for fee waivers or deferrals. Subsequent filings in criminal and juvenile delinquency cases can be electronically filed. It will be available in Benton and Polk Circuit Courts in March. Other than statutory filing fees associated with the case there are no additional fees for efiling. Attorney Training for efiling Free live webinars and self-study online training modules are provided and available at all times on the File and Serve Portal under the Train Section along with a section on Frequently Asked Questions at (Once this site comes up click on the start now button to see the Train Section the Frequently Asked Questions and the User Guide can be accessed from the main page or on the start now page.) Prior to efiling going live in a Circuit Court, the Oregon Judicial Department s Office of Education, Training, and Outreach will present an overview of File and Serve to local attorneys to include: how it works; how to register; how to access it; as well as reviewing UTCR Chapter 21 with attorneys. What You Can Do Now to Prepare for ecourt 1) Set up your to forward electronic court notifications to others you wish to see them in your office. 2) Access a public terminal or go to OJIN OnLine, if you are a subscriber, and become familiar with how OECI looks and works Review the User Guide and Frequently Asked Questions. 3) Go the public or OJIN OnLine Calendars at the OJD webpage to see how they work. 4) If not already doing so, submit motion and orders as separate documents. 5) Become familiar with how efiling works by going to the efiling webpage, taking the web training and reviewing the User Guide and Questions. Additional Detailed Information Access the Multnomah Circuit Court website and view the ecourt Information for Attorneys, Government Agencies and Community Partners (yellow box upper right side) at:

15 MULTNOMAH BAR ASSOCIATION Probate Update 2014 June 4, 2014 Presenters: The Honorable Katherine Tennyson Chief Probate Judge Multnomah County Helga Barnes, Probate Supervisor Multnomah County, Oregon 1. ORS (6)/Guardianship Petition Process for Minor at Majority Age. The House Bill allows a parent or guardian of a minor to file a petition with a circuit court seeking appointment of a guardian for the minor that is effective when the minor becomes an adult. The parent or guardian is allowed to file the petition at any time within 90 days of the minor becoming an adult or at any other time if the court finds it necessary in order to ensure ongoing protection, safety and welfare of the soon-to-be adult. This House Bill was effective on passage (05/09/13). 2. ORS (a)/Certification and Rules for Professional Fiduciaries for Protected Persons. This House Bill prohibits a person from being nominated as fiduciary or serving as a fiduciary for three or more protected persons who are not related to person unless person, or individual responsible for making decisions for clients or for managing client assets for person, is certified by the Center for Guardianship Certification or its successor organization. Note that the bill amends only the statute on appointment of the professional fiduciary, but defines that term as a fiduciary for three or more protected persons unrelated Page 1 Multnomah Bar Association Multnomah County Probate Update 2014/June 4, 2014

16 to the fiduciary. The Bill is effective January 1, This will not be retroactive on appointments prior to January 1, The court will add this requirement to any audit list for checking whether petition to appoint fiduciary is complete. The court will also check for attachment or simultaneous filing that shows credentials if petition pleads these qualifications. 3. Policy Regarding Corporate Fiduciaries This policy is intended to apply to professional fiduciaries who wish to be appointed in a corporate name. a. The professional disclosure must comply with ORS (1) (L), which requires the disclosure of The name, address and telephone number of the individual who is to act as primary decision maker for the protected person and the name of the person with whom the protected person will have personal contact if that person is not the person who will act as primary decision maker for the protected person. Note that the statute requires disclosure of the individual and the person. Disclosures which state that any one of a number of different people will perform these functions do not comply with the statute. b. For any corporate fiduciary appointed as guardian, and for any corporate fiduciary appointed as conservator when that corporate fiduciary is not a trust company under Oregon law, the judgment appointing the fiduciary will include the following language: The appointment of [Corporate Fiduciary] is made in reliance on the representation by [Corporate Fiduciary] that [Primary Decision Page 2 Multnomah Bar Association Multnomah County Probate Update 2014/June 4, 2014

17 Maker] will personally act as the primary decision maker for the protected person. In the absence of emergency circumstances making such notification impossible, [Corporate Fiduciary] shall notify the court and all interested persons not less than 90 days in advance of a proposed change of the person acting as primary decision maker. In emergency circumstances where advance notice is not possible, [Corporate Fiduciary] shall notify the court and all interested persons not less than 3 business days after [Primary Decision Maker] ceases to act as the primary decision maker for the protected person. Upon such notice and without prior hearing, the court may remove [Corporate Fiduciary] as guardian/conservator or take such other action as the court deems appropriate for the welfare of the protected person. Failure by [Corporate Fiduciary] to comply with these notice requirements will result in the immediate removal of [Corporate Fiduciary] as guardian/conservator. The court may enter a supplemental judgment to similar effect in any case in which a corporate fiduciary has previously been appointed. Fiduciary disclosures will be carefully reviewed to ensure compliance. 4. Guardianship Monitoring Program. HB 4114 passed the 2014 Legislative Session and is now in effect. This law allows a court to appoint a trained volunteer to provide independent information to the Court about a Guardian and/or Conservator s performance of his/her fiduciary duties. It is expected that the Court Page 3 Multnomah Bar Association Multnomah County Probate Update 2014/June 4, 2014

18 will adopt the guidelines contemplated by the statute and begin assigning volunteers sometime in the next few months. The volunteers will be provided, trained and monitored by Special Advocates for Vulnerable Oregonians (SAVO). You can learn more about SAVO on their website at: savooregon.org. The Court, with the help of SAVO, recently completed a pilot project involving 21 cases which provided some very helpful information to the Court and resulted in additional supports to guardians and/or information back to the protected person in five cases and replacement of a guardian in one case. Based upon the very small sample and the high level of identified issues, it is likely that this program will receive emphasis going forward. You should let your guardian/conservator clients know that this program is part of the normal court process. 5. Attorney Fees. Multnomah County Supplemental Local Rule states: (1) Attorney fee expenses under ORS and must be approved by the court. (a) Such requests must be accompanied by a statement for attorney fees, filed in the form required by UTCR 5.080, showing the number of hours expended, the hourly rate charged, and a designation of title for each person performing work. (b) In addition to the information required by UTCR for a civil action, under this rule the statement also must include a description of normal attorney tasks with hours expended. For extraordinary activities, the statement must also concisely address the following issues to be resolved and the process and time spent on each: (i) For establishing and funding trusts, a brief narrative must identify complexities involved; (ii) For tax planning, describe objectives and activities required; (iii) For tax returns, indicate the number filed and the nature of the returns; (iv) For tax audits and hearings, describe the issues addressed; (v) For disclaimers, describe the circumstances and complexities; Page 4 Multnomah Bar Association Multnomah County Probate Update 2014/June 4, 2014

19 (vi) For real estate management problems include issues regarding compliance with local, state and federal authorities; (vii) Discuss sales of real property; (viii) Discuss operation or sale of business interests; (ix) Discuss management of family-owned corporation or closely held stock; (x) For contested matters, indicate whether they were of benefit to or in defense of the estate; (xi) Discuss election of spouse/marital share; (xii) Discuss disputed creditor s claims. (c) If tasks performed appear to be the duties of a personal representative, the Court will question and possibly reduce attorney fee payments for such activities. (2) Consent by the parties to the attorney fee requests shall not waive the requirements of this rule. No attorney fee requests are returned to lawyers for questions without a personal review by a judge. When Judge Tennyson requests that Orders/Judgments for attorney fees are returned to the attorneys, the following language is usually included: Judge Tennyson has reviewed the information relative to the request for attorney fees and indicates that the affidavit/declaration submitted in insufficient to determine whether or not the requested fees are reasonable. The determination is fact specific. Judge Tennyson requests a short narrative of normal duties and a detailed narrative of extraordinary duties which support the fees requested as required by SLR (b). REQUESTS FOR ADDITIONAL INFORMATION ARE NOT AN INVITATION TO RESUBMIT THE SAME MATERIAL WITH BIGGER PRINT. Requests for additional information should also not be taken as a slight. There are a lot of different forms out there for attorney fees; some of those forms are just not very expressive. The Court truly wants additional explanation as to why a particular case took the amount of time it took and why these choices are reasonable in light of the circumstances of the case. Please use this opportunity to tell the story of the case. Furthermore, simply providing a copy of an engagement letter or a regurgitation of the timesheet descriptions does not give the court ANY information to use in the determination of reasonableness of fees. 6. E-Court, E-Court, E-Court! Page 5 Multnomah Bar Association Multnomah County Probate Update 2014/June 4, 2014

20 Multnomah County Courts are now live on Odyssey as of May 12, We are the 11 th county in the State of Oregon to convert. By mid-2016, all the counties of Oregon will have converted. All cases filed from May 12, 2014 forward will be paper on demand. If you are not signed up yet, information for training and websites to access are attached to these materials. You can access much of what you need to know through links on the court website. Additional information is available with these materials. Please note that the Multnomah Supplemental Local Rules have been revised to address issues for E-court. SLR Chapter 24 is uniformly implemented in each Circuit Court as it converts to the Oregon ecourt system and is effective in Multnomah County as of May 5, Chapter 24 has two significant changes to established practice. SLR prohibits combining a motion and an order into a single document. SLR prohibits the binding of documents with staples. In the local rules, the reference to confirmation cards has been repealed. The cards are not compatible with the electronic processing of documents, nor necessary with filing firms having access to court documents immediately on entry in the register. The new rules are included with these materials. It is anticipated that all lawyers will have the option to use the File and Serve component of this new system on July 7, It is also anticipated that lawyers will be required to use file and serve beginning sometime in early Show cause notices and courtesy notices will be delivered via to attorneys of record. The notice received by the attorneys only provides notification of a delinquency. The attorneys will be required to view the summary of the case on line to Page 6 Multnomah Bar Association Multnomah County Probate Update 2014/June 4, 2014

21 determine the delinquency. This is the new system and it will require that attorneys are more proactive in their cases with less reliance on the courts to let them know when and what is due. Be certain that your addresses and addresses are current with the Oregon State Bar as that is where the new system draws its information. Please note, your subscription to Odyssey allows you to see the actual Order/Judgment signed and entered. If you simply want to inquire regarding entry of and Order/Judgment that is the most efficient way to do it! Please do not call the court staff when you are experiencing difficulty with the Odyssey ecourt system. Following is information that might be helpful to address problems you might encounter: OJCIN, Stephanie Guerena Subscriber/Business Support Fax Office hours: M-F 8am-5pm Technical Support Toll Free Office hours: M-F 7am - 6pm We thank you for your continued patience as we all work together to become familiar with ecourt and move into the future. 7. Revisions to the Multnomah County Supplemental Local Rules Several revisions will be submitted for the Supplemental Local Rules for Multnomah County. Some of these revisions are related to changed practices due to ecourt. Any Page 7 Multnomah Bar Association Multnomah County Probate Update 2014/June 4, 2014

22 comments regarding Chapter 9 of Multnomah County Supplemental Local Rules may be directed to Judge Tennyson by no later than June 25, Highlights are as follows: a. Fiduciary Class Requirement. As part of the overall effort to achieve better administration by all non-professional fiduciaries and to ensure better compliance with court orders, all non-professional fiduciaries will be required to complete the court mandated class described in the proposed rules. PLEASE NOTE that it is anticipated that the part of this rule applicable to guardians and conservators will become effective by an out-of-cycle order of the Presiding Judge of Multnomah County. If accepted, the remainder of the rule will become applicable on February 1, The class will be accessible both in person and web attendance, but cannot be satisfied by taking a similar class in other states where such a class is already required (Washington and Idaho for example.) b. Contempt Matters Involving Remedial Sanctions. Documents filed for contempt matters involving remedial contempt will need to be filed in the probate matter and in a new contempt case filing in a criminal action to allow the vehicle for the contempt proceeding. c. Vouchers. (1) All court appointed fiduciaries shall maintain accounts from which the court will be provided with copies of the statements containing images of the front face of checks written from the account. If questions arise regarding the check, fiduciaries will be required to provide copies of the front and back of the check images. (2) Disbursements made by debit card, electronic check or Page 8 Multnomah Bar Association Multnomah County Probate Update 2014/June 4, 2014

23 automatic withdrawals will require all twelve (12) months of bank statements with these expenditures highlighted. 8. Current Fee Schedule. See Fee Schedule effective October 1, 2013 included with these materials. A. Each pleading that begins a case (probate, small estate, trust, conservatorship and guardianship) must have the statutory reference to the fees in the caption. Please familiarize yourself with ORS Beginning documents for probate and conservatorships will also need to state the value of assets. We will accept no more filings that do not contain these requirements. This requirement has been in place since October 2011 and attorneys are still not following the statute. B. There is a filing fee for every accounting other than Statement in Lieu under ORS (4). C. Accounting fees are calculated on the beginning balance of each accounting. The first annual account will be based on inventory values, the second annual account on ending values of the first annual account, etc. D. Attorneys are confusing the filing fees with the accounting fees and vice versa. Please be careful as you look at fees and if there is any question, you can call us. E. All judicial settlement conferences require that the parties each pay $200 per day. The only parties not required to pay the fee are protected persons or respondents in protective proceedings. F. Please make certain that the numbers and words on your checks match! G. There is no more filing of unprobated wills. There is no filing fee for this service and the Court does not choose to be a free receptacle for these documents. H. Probate Court no longer charges hearing fees except for trust cases. The fees for hearings on trust cases are $125 per day or whatever portion of the day is required. Page 9 Multnomah Bar Association Multnomah County Probate Update 2014/June 4, 2014

24 I. Trust matters still have certain Motion fees. Please check with us to determine whether this applies to your documents. J. Filing for co-petitioners will require only one fee. 9. General Tips for Probate Practice in Multnomah County. A. Please double check the case numbers and the county of filing. These issues will cause a problem as we navigate into the E-filing world. Careful checking may prevent misrouting of documents that might be lost forever. Make sure your address with the Oregon State Bar is up to date. All notices from the court will now be sent to you by . Be sure your spam filters are set to accommodate notices from the court. B. All unsigned orders/judgments are audited by the probate auditor prior to signature by the Judge. SLR C. We are telling everyone that turnaround time for processing documents is 1 to 2 weeks. We are usually faster about that turn around, but with summer vacations and working our way through E-court, we anticipate more delays. D. If emergencies arise, please talk to us about those and we will try to accommodate your issues. However, do not make every case an emergency! E. For accountings, the UTCR format is required under SLR which particularly includes the asset schedule. Accountings that are prepared in the proper format can facilitate audits and allow your orders/judgments to be signed more quickly. Remember that asset schedules begin with inventory in the first accounting and the balance of the first accounting for the second accounting, etc. F. If you have a problem with meeting statutory deadlines, please call us before we issue a show cause. Extensions for bonds and acknowledgments of restricted assets are no longer given. It is important that assets are protected as quickly as possible. There seems to be a recent movement of getting the 3 courtesy extensions per telephone, a motion and order for extension and then notifying the court that the attorney wishes to withdraw because there has been no Page 10 Multnomah Bar Association Multnomah County Probate Update 2014/June 4, 2014

25 contact or communication with the client in many months. The probate staff will be requiring information that there is contact with your client and that matters are progressing before extensions are allowed. G. Original wills, codicils and death certificates will be retained in the probate department and not destroyed. Bonds and riders will also be retained until the estate or conservatorship is closed and the bond exonerated. 10. Communication with the Court. The Probate Department is available to the public from 8:00 a.m. until 5:00 p.m., Monday through Friday, except holidays. Due to budget cuts, the telephone hours are now: 8:30 a.m. until 10:30 a.m. and 1:30 p.m. to 4:30 p.m. The telephone number at the Multnomah County Courthouse is 503/ , Option 4. The direct lines are: Helga Barnes, Probate Supervisor 503/ Debra Thompson, Probate Auditor 503/ Page 11 Multnomah Bar Association Multnomah County Probate Update 2014/June 4, 2014

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27 CHAPTER 1- GENERAL PROVISION - AMENDED 1.015, 1.151, and, DEFINITIONS These definitions are intended to clarify terms used in these rules. (1) Abated Cases are those cases placed under a discretionary stay of up to two years by order of the Court on the basis of activity external to the case which would have an effect on the outcome or conduct of the case. (2) Call refers to the trial and show-cause docketing system whereby a case is called and assigned to a judge on the judicial day immediately preceding the date of the actual hearing or trial. (3) Judicial Days means calendar days excluding: Saturday and legal holidays, including Sunday, as defined in ORS and , and any day on which a court is closed by order of the Presiding Judge or the Chief Justice. (4) Definitions set out in UTCR are incorporated by this reference and apply in these rules HOURS FOR THE CONDUCT OF BUSINESS, WHEN DOCUMENTS MAY BE RECEIVED TO BE FILED (1) The court is open for the conduct of business each judicial day from 8:00 am to 5:00 pm, and, in addition, judicial proceedings may be held at other times and on other days when required by the court for the conduct of its business and upon notice to the parties required to appear. (2) Except as provided in UTCR Chapter 21, documents which do not require the payment of a fee prior to filing may be received for filing from 8:00 am to 5:00 pm each judicial day in the appropriate division of the Office of the Trial Court Administrator. Documents which require the payment of a fee prior to filing may be presented to a cashier or left in a drop box, together with payment or an order authorizing the deferral or waiver of the fee, from 8:30 am to 5:00 pm each judicial day in the appropriate division of the Office of the Trial Court Administrator. Upon satisfaction of the fee, the document will be received for filing. No document will be received for filing or filed except as provided in this rule DIVISIONS OF THE OFFICE OF THE TRIAL COURT ADMINISTRATOR WHERE DOCUMENTS ARE RECEIVED FOR FILING (1) The Office of the Trial Court Administrator receives documents for filing in the following divisions. In the Multnomah County Courthouse: the divisions are Civil, including Small Claims and FED, Domestic Relations, Probate, Traffic, Parking and Criminal. In the Juvenile Justice Complex: all Juvenile matters. In the East County Courthouse: Criminal, Traffic and Small Claims matters filed in that court location. Documents should be delivered to the appropriate division for filing. (2) Documents delivered by mail to the court, or left in the court s mail room for delivery, will be received for filing when delivered in the normal course of distribution of documents from the Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County 1

28 mail room to the appropriate division of the Office of the Trial Court Administrator. If a fee is required to be paid prior to filing of a document, then filing may occur only if the fee is satisfied. In all other cases, and except as provided in UTCR Chapter 21, filing will be accomplished on the date the documents are distributed to the appropriate division. (3) Documents transmitted directly to the clerk s office by facsimile transmission (FAX) will not be received for filing. (4) The street address for the downtown courthouse is: Multnomah County Courthouse 1021 SW Fourth Avenue Portland, OR Addresses for other court locations are as follows: Justice Center Third Floor 1120 SW Third Avenue Portland, OR (send mail to the courthouse) Juvenile Justice Complex 1401 NE 68 th Avenue Portland, OR East County Courthouse SE Stark Street Portland, OR CHAPTER 5- PROCEEDINGS IN CIVIL CASES REPEALED STAMPED, SELF-ADDRESSED CONFIRMATION CARDS REQUIRED Repealed pursuant to CJO dated March 31, Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County 2

29 CHAPTER 24 OREGON ecourt IMPLEMENTATION ELECTRONIC DOCUMENTS (1) Depending on the context, as used in these rules, document refers to an instrument in either paper or electronic form. (2) Documents that are electronically filed or manually imaged, including those to which judicial signatures have been added, and documents generated in electronic format by the court are the official court record ELECTRONIC COURT SIGNATURES The court may issue judicial decisions electronically and may affix a signature by electronic means. (1) The trial court administrator must maintain the security and control of the methods for affixing electronic signatures. (2) Only the judge and the trial court administrator, or the judge s or trial court administrator s designee, may access the methods for affixing electronic signatures COMBINED MOTION AND ORDER DOCUMENT NOT PERMITTED Notwithstanding UTCR 2.010(12)(c) or any other Supplementary Local Rule, a motion and order may not be submitted as a single document. If a motion and corresponding proposed order are electronically filed, the order must be submitted as a separate document from the motion BINDING DOCUMENTS; USE OF STAPLES PROHIBITED (1) Pleadings and documents submitted to the court for filing that are not electronically filed must be bound by paperclip or binder clip and must not contain staples. (2) If a document to be filed includes one or more attachments, including but not limited to a memorandum of law, a statement of points and authorities, a documentary exhibit, an affidavit, or a declaration, then (a) (b) the document and each attachment must be separately bound by paperclip or binder clip, and the attachment or attachments must be bound in one packet to the document being filed by paperclip or binder clip. (3) Subsection (2)(a) does not apply to an attachment to a motion to strike filed under UTCR 5.020(2) or an attachment to a motion for leave to amend a pleading filed under UTCR An attachment of either type must be bound in one packet to the document being filed by paperclip or binder clip. Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County 1

30 STIPULATED OR EX PARTE MATTERS MAY BE ELECTRONICALLY FILED (1) Any stipulated or ex parte matter may be electronically filed for purposes of submitting to a judge for signature. (2) If an ex parte motion and corresponding proposed order are electronically filed, the order must be submitted as a separate document from the motion SUBMISSION OF REQUESTED JURY INSTRUCTIONS AND VERDICT FORMS The original of the requested jury instructions and verdict forms must be submitted to the court. The court also may require that a party submit a copy of the jury instructions and verdict forms, in the manner and time that the court specifies ACTIONS FOR DISSOLUTION OF MARRIAGE, SEPARATE MAINTENANCE AND ANNULMENT, AND CHILD SUPPORT; DOCUMENTATION FOR DEPARTMENT OF JUSTICE, DIVISION OF CHILD SUPPORT Notwithstanding UTCR 8.010(8), parties who have been requested to submit a proposed judgment need not submit a copy of the proposed judgment and the most current confidential information form(s) to the court DELIVERING PROBATE MATERIALS TO THE COURT, NO SELF- ADDRESSED, STAMPED ENVELOPE OR POSTCARD IF DOCUMENT ELECTRONICALLY FILED UTCR does not apply to an electronically filed document. Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County 2

31 CHAPTER 9 PROBATE PROCEEDINGS SUBJECT MATTER JURISDICTION; TRUST CASES (1) The Chief Family Law Judge (or a judge designated by the Chief Family Law Judge) (hereafter Chief Judge ) has jurisdiction over all Decedents' Estates, Conservatorship of Adults and Minors, and Guardianships of Adults and Minors. (2) Matters arising from the administration of Trusts shall be filed in the Probate Section and heard by the Chief Judge or designee ALTERNATIVE DISPUTE RESOLUTION Probate proceedings shall be subject to the alternative dispute resolution rules in Chapter 12, Mediation in Probate Proceedings (SLR ) [DOCUMENTS FILED ON] CONTEMPT MATTERS INVOLVING REMEDIAL SANCTIONS [All documents filed on contempt matters involving remedial sanctions must comply with SLR requiring that such documents be filed separately from those addressing other matters in the underlying case.](per SLR , any remedial contempt action must be filed as a separate case. The filing of a contempt action for remedial sanctions shall reference the case number of the case containing the Order or Judgment upon which the contempt action is based.) HOW MATTERS FOR PROBATE ARE TO BE PRESENTED; CONFERENCE; HEARING; EMERGENCIES (1) Probate matters requiring authorization, approval, or signature of the Chief Judge or designee shall first be presented to the Probate Section of the Civil Division for review. If the matter is assigned to a judge other than the Chief Judge, the party presenting it shall so advise the Probate Section's staff. Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County Effective February 1, 2015

32 (2) If the matter cannot be approved without an appearance, the party will be so advised [by notice within three judicial days] and the matter will be set for conference, or hearing. (3) Hearings or ex parte appearances may be scheduled by request to the Probate Section. Before requesting a hearing, [requesting] counsel should confer with other counsel (and/or self-represented litigants) and advise the Probate Section staff of the estimated time required. (Refer to SLR and for [call] (trial)/assignment process.)[ Requesting counsel is charged with responsibility of notifying all required parties.] (4) Probate ex parte matters are heard Monday through Friday at 8:45 am, and must be prearranged with the Probate section IN CAMERA REVIEWS(/MOTIONS TO SEAL) (1) Parties seeking an in camera review of documents in a probate case shall file a motion in room 224 of the downtown courthouse. Such motions shall describe the records to be reviewed, the information the party seeks to obtain from the records, and the legal authority for the in camera review. [(2)]Unless stipulated, the motion will be placed on the Probate Call docket for hearing as prescribed by SLR 9.025(3). If a judge is already assigned to the case, the attorneys must contact that trial department to schedule a hearing on the motion. [(3)]If the motion is granted documents shall be directed to room 131 of the [downtown] (Multnomah County) courthouse. ((2) Parties seeking an Order to file documents or materials under seal must file a motion with the court that complies with all of the requirements under UTCR ) (4) DELINQUENT FILINGS In the event of a delinquency or deficiency in filing any document required by statute or court order, the attorney and the fiduciary will be sent an Order to Show Cause for removal of the fiduciary or a finding of contempt. The personal representative, conservator, or guardian, together with counsel of record, must appear unless the matter has been corrected at least three judicial days prior to the Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County Effective February 1, 2015

33 Show Cause hearing. If the delinquency or defect has not been corrected by time of the hearing, sanctions may be imposed RESIGNATION OF COUNSEL; NOTIFICATION REQUIREMENTS ((1)) If a bond has been posted, the insurer must be notified of the resignation and substitution of counsel. ((2) Resignation of counsel must also adhere to certification of compliance with the requirements of UTCR 3.140, ORS and ) SETTLEMENT OF PERSONAL INJURY OR WRONGFUL DEATH CLAIMS: REQUIREMENTS WHEN MINOR CHILD OR INCAPACITATED PERSON APPEARS BY GUARDIAN AD LITEM (1) Except as permitted by ORS for a minor child, a petition for approval of a settlement of a personal injury or wrongful death claim on behalf of a minor child, incapacitated person or decedent shall be accompanied by an affidavit which sets forth the following: (a) A description of the incident causing the injury or death; (b) A description of the injuries; (c) The amount of the prayer and settlement. (If a structured settlement is requested, the present value of the future payments should be indicated); (d) The amount of the attorney fees and costs; (e) The proposed disposition of the settlement proceeds; (f) A concise statement explaining the reasons for the settlement and the efforts to maximize recovery; (g) A statement explaining that the attorney has independently evaluated the interests of the injured party; (h) A statement explaining that the attorney has examined every medical record; and (i) A statement explaining why it is necessary and proper to settle the case at the present time. (2) If a civil action has been filed in this circuit court on behalf of a minor child, incapacitated person or decedent for the loss, injury or death which is the basis of the proposed settlement, the original petition and affidavit must be filed in the civil action. A copy of the petition with a form of proposed order for approval of the Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County Effective February 1, 2015

34 settlement shall be delivered to the Probate Section to be forwarded to the probate judge for action. (3) A conservatorship on behalf of the minor child or incapacitated person generally will be required for any case where personal injury or wrongful death settlement proceeds are at issue. (a) Bond and standard annual accounting requirements may be waived if the funds are restricted until the minor attains the age of majority. In lieu of such accountings the court will require copies of the first and last bank statements for each standard accounting period to be filed with the court. (b) Restricted accounts on behalf of a minor child or incapacitated person must be confirmed by a signed acknowledgment from the bank or brokerage firm which discloses the account number, type and account balance as required by UTCR and Exceptions for diminutive amounts may be requested. (c) Approval of damage settlement amounts for the benefit of a minor child or incapacitated person appearing by a guardian ad litem in a lawsuit, except those cases assigned for trial to a trial department, are a basic responsibility of the Probate Court. The allocation of funds and the structuring of such funds is likewise the Court s responsibility. Minors and incapacitated persons should be provided with independent counsel for such issues and most commonly when a minor s funds are proposed to be withheld from them after age18. (4) A fiduciary appointed by the Probate Court is required to comply with paragraph (1) of this rule and must file a motion for an order approving a settlement of a personal injury or wrongful death claim on behalf of a protected person. The motion must be supported by an affidavit setting out the required information BONDS IN ESTATES WHERE PERSONAL REPRESENTATIVE OF INTESTATE ESTATE IS SOLE HEIR OR DEVISEE Notwithstanding ORS , the personal representative of an intestate estate shall be required to file a bond if the court is not satisfied that the creditors will be paid, even if the personal representative is the sole heir or devisee of the estate VOUCHERS Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County Effective February 1, 2015

35 [(1) All court-appointed fiduciaries shall maintain accounts from which the original canceled checks or copies as provided by the financial institution will be returned with each depository statement, excluding the exemptions allowed a bank or trust company per ORS (2)(d) and ORS (3). (2) Vouchers shall be submitted in chronological order. (3) Notwithstanding the provisions of UTCR 9.190, all vouchers and depository statements will be destroyed without notice 90 days after an estate or conservatorship is closed unless the personal representative, conservator, or attorney retrieves the vouchers and depository statements prior thereto, or submits a self-addressed, stamped envelope, with adequate postage for their return.] ((1) All court appointed fiduciaries shall maintain accounts from which the court will be provided with copies of the statements containing images of the front face of checks written from the account. If questions arise regarding the check, fiduciaries will be required to provide copies of the front and back of the check images. (2) Disbursements made by debit card, electronic check or automatic withdrawals will required all twelve (12) months of bank statements with these expenditures highlighted.) GUARDIANSHIPS (1) A Petition for Guardianship shall designate, in the caption, that it is for guardianship of an adult, whether it is for a temporary or indefinite time (or both), and whether a conservatorship is also being requested. (The deposit for the visitor s investigation fee shall be paid with the filing of the Petition.) (2) (Upon the issuance of an order appointing Court Visitor, the attorney for petitioning party shall provide c)[c]opies of the petition, marked "VISITOR'S COPY" with supporting documentation and copies of proposed notices and the ORS (4) respondent s objection (the blue form) [attached, should be deposited with the probate clerk. After receipt of the copies, and the deposit for the visitor s investigation fee, the Probate Section staff will prepare an order appointing the Visitor.] (to the designated court visitor via .) Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County Effective February 1, 2015

36 (3) Petitions for Appointment of a Temporary Guardian should be accompanied by appropriate affidavits and medical reports. The Petition should be filed with the Probate Section of the Civil Division and presented to the Chief Judge at probate ex parte. (4) Within 30 days after each anniversary of appointment, a Guardian [for a minor] shall file with the court a written report. Copies of the Guardian s Report must be given to those persons specified in ORS (3). The report shall be in the form prescribed by the court. (See Guardianship Report Form(s), Pages 118- [119](121), Appendix of Forms.) (9.076 NON-PROFESSIONAL FIDUCIARY EDUCATION PROGRAM (1) The following court appointed non-professional fiduciaries are subject to this rule: (a) Any guardian or conservator appointed pursuant to ORS Chapter 125 on or after the effective date of the Rule. b) Any personal representative appointed pursuant to ORS Chapter 113 on or after the effective date of the Rule. (c) Any trustee appointed pursuant to ORS Chapter 130 on or after the effective date of the Rule. (d) Any non-professional fiduciary cited for a deficiency in the handling of fiduciary duties pursuant to the show cause process. (2) All non-professional fiduciaries involved in a case described under subsection (1) above, shall: (a) Successfully complete an education class for non-professional fiduciaries with a curriculum as prescribed by the Presiding Judge of Multnomah County within 90 days of appointment as a fiduciary by the Court; and (b) Register for the program no later than fifteen (15) days of appointment as a fiduciary by the Court. (3) A professional fiduciary, for purposes of this Rule, is defined in ORS (5). Professional fiduciaries are exempt from this Rule. (4) The Court will send notice and instructions of this requirement will be sent to the non-professional fiduciary at the time of appointment as guardian, Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County Effective February 1, 2015

37 conservator or personal representative. The attorney representing a trustee shall provide notice and instructions to the trustee of this requirement. (5) Fees for the court-required class shall be considered a cost of administration of the protective proceeding, estate or trust. The fee for the court-required class may be waived or deferred in the Court s discretion, in keeping with the Court s policy on fee waiver and deferrals. (6) Upon successful completion of the court-required class, the nonprofessional fiduciary shall file a certificate of completion with the Probate Department stating the date and time the class was taken as well as the provider of the class. (7) Upon a showing of good cause, a non-professional fiduciary may request a waiver of the requirements of this Rule. The request must be made by motion, supported by affidavit, and filed within fifteen (15) days of receipt of notice. (8) The Court may, in its discretion, require a non-professional fiduciary to retake the class. (9) Failure to timely comply with this Rule may result in removal of the nonprofessional fiduciary by the Court.) PRESENTATION OF ORAL OBJECTIONS Any person may present oral objections to a petition in a protective proceeding by appearing in Room 224, Multnomah County Courthouse, 1021 SW Fourth Avenue, Portland from 9:00 a.m. to 5:00 p.m. each judicial day SELF-REPRESENTED PARTY APPEARANCES IN PROBATE COURT; APPROVAL (1) If a personal representative or conservator intends to appear without an attorney in any matter assigned to the Probate Court, that person must provide to the Court notice of such intent and proof of competency in such matters. If such proof provided is not sufficient to assure the Court that the estate or interest will be protected, the Court shall take appropriate action. Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County Effective February 1, 2015

38 (2) A person other than a personal representative, conservator, or corporation may appear in person without counsel in any matter before the Probate Court as authorized or allowed by law. The person appearing and counsel for the personal representative shall notify the Probate Court if any party to a proceeding is selfrepresented. The Chief Judge or designee shall decide whether further hearings shall be required ATTORNEY FEES AND CORPORATE FIDUCIARY FEES APPROVAL (1) Attorney fee expenses under ORS and must be approved by the court. (a) Such requests must be accompanied by a statement for attorney fees, filed in the form required by UTCR 5.080, showing the number of hours expended, the hourly rate charged, and a designation of title for each person performing work. (b) In addition to the information required by UTCR for a civil action, under this rule the statement also must include a description of normal attorney tasks with hours expended. For extraordinary activities, the statement must also concisely address the following issues to be resolved and the process and time spent on each: (i) For establishing and funding trusts, a brief narrative must identify complexities involved; (ii) For tax planning, describe objectives and activities required; (iii) For tax returns, indicate the number filed and the nature of the returns; (iv) For tax audits and hearings, describe the issues addressed; (v) For disclaimers, describe the circumstances and complexities; (vi) For real estate management problems, include issues regarding compliance with local, state and federal authorities; (vii) Discuss sales of real property; (viii) Discuss operation or sale of business interests; (ix) Discuss management of family-owned corporation or closely held stock; (x) For contested matters, indicate whether they were of benefit to or in defense of the estate; (xi) Discuss election of spouse/marital share; (xii) Discuss disputed creditor s claims. ((xiii) For any other occurrence or issue which contributes to the reasonable costs of administration.) (c) If tasks performed appear to be the duties of a personal representative, the Court will question and possibly reduce attorney fee payments for such activities. Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County Effective February 1, 2015

39 (2) Consent by the parties to the attorney fee requests shall not waive the requirements of this rule. Corporate Fiduciary Fees (3) Any request for approval of corporate fiduciary fees in addition to the basic percentage fee allowed pursuant to applicable statute, must be accompanied by an affidavit in compliance with 9.095(1)(A), above. Private Fiduciary Fees (4) All requests for fiduciary fees (except those from a Personal Representative) shall be supported by an affidavit which details the services provided, the purpose of the services rendered, the results (if applicable), the hourly rate charged by the fiduciary and the reasons that hourly rate is deemed fair and reasonable FORM OF ACCOUNTINGS Accountings in estates and conservatorships must be submitted in the format specified in UTCR Supplementary Local Rules Fourth Judicial District, Circuit Court of the State of Oregon for Multnomah County Effective February 1, 2015

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41 FOURTH JUDICIAL DISTRICT - STATE OF OREGON Probate Department, Multnomah County Circuit Courthouse, Room # SW Fourth Avenue, Room #224, Portland, OR (503/ x4) October 1, 2013 PROBATE FILING FEE SCHEDULE: (Please make checks payable to the STATE OF OREGON) Filing Fees: Estates/Conservatorships of adults or minors: Less than $50, $50,000 but less than $1,000, $1,000,000 but less than $10,000, $10,000,000 or more 1, (*GROSS (not net) amt of PI settlement value determines fees) Appoint P.R. to Initiate/Settle Wrongful Death Actions: (regardless of recovery) Affidavits of Claiming Successor/Small Estate Responsive filings to small estates Petitions re: Guardianships (adults): plus fee of $450 to be tendered into the Court s trust account for Court Visitor fees (petitions without $450 will be returned as not filed to attorney) ORS 125) Petitions re: Guardianships (minors): First Appearance Fee in Guardianships only Trust Petitions or Agreements: ORS (6) - Obj/1st appearance Trust Petitions re: creditor s claims: ORS Req summary determ Other Protective Proceedings: Miscellaneous Fees: Objection, First Appearance, Request for Notice (except guardianships) Req summary determination when PR disallows claim Affidavit of Destruction of Will (ORS (4)) Copies, Letters and Certifications: Letters of Administration, Testamentary or Conservatorship*** 5.25 Letters of Guardianship*** 5.25** (**plus a per page charge of 25 cents for any attachment) Exemplified Certificates (3-way certification) 10.25** (**plus a per page charge of 25 cents for any attachment) Document Certification Seal 5.00** (**plus a per page charge of 25 cents for any attachment) Plain photocopies (per page) 0.25 (***First Letters of Guardianship, Conservator, Administration or Testamentary are free of charge) Fees for annual/final accountings (probate or conservatorships): Less than $50, $50,000 but less than $1,000, $1,000,000 but less than $10,000, $10,000,000 or more 1, Foreign Judgment re: Guardianship or Conservatorship Hearing Fees: Settlement Conferences for probate, protective proceedings and Trust matters(per party, per day)(ors (2)) Hearing/Trial Fee on Trust Matters (partial or full day w/no jury) Writ of Assistance FAX Charge: 1 st page 2.00 Add l page(s) 1.00 Service Fees: MCSO execution of writ of assistance MCSO service of process 1-2 parties (same address) parties (same address) Trust Motion Fees: (Petition and/or Response) Motion for relief from judgment, motion for summary Judgment, motion for judgment notwithstanding verdict Or reconsideration, motion for new trial, motion for Preliminary injunction, motion seeking remedies for Contempt of court (No Motion fees for ORCP 21 motions to dismiss, make more Definite and certain, strike, and or quash; ORCP motions to Compel discovery) Assignment of Judgment 5.00 Probate Reference Information and Telephone Numbers: General filing info: copies/delinquency notices/citations 503/ x 4 Order processing & auditing/set hearings/schedule ex parte 503/ Office Supervisor 503/ OFFICE HOURS: 8:00 AM to 5:00 PM Monday Friday except holidays TELEPHONE HOURS: 8:30 AM to 10:30; 1:30 PM to 4:30 PM Monday Friday except holidays

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