Electronic Filing MEMORANDUM. Pat Neill. DATE: June 8, Research Regarding Sustainable Future Section Courthouse Project.

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1 MEMORANDUM TO: FROM: Pat Neill Ali Hilsher DATE: June 8, 2010 RE: Research Regarding Sustainable Future Sectin Curthuse Prject Electrnic Filing Oregn I. Oregn Rules f Civil Prcedure 1) Sectin 1F Electrnic Filing Any reference in these rules t any dcument, except a summns, which is exchanged, served, entered, r filed during the curse f civil litigatin, shall be cnstrued t include electrnic images r ther digital infrmatin in additin t printed versins f such items, as may be permitted by rules f the curt in which the actin is pending. II. Oregn Rules f Appellate Prcedure 1) Chapter 16 Filing by Electrnic Means Fr mst dcuments, electrnic filing (referred t by the rules as efiling) is a replacement fr cnventinal filing, nt a requirement in additin t cnventinal filing. ORAP 16.30(2). NOTE: the Oregn Supreme Curt des require parties wh cnventinally file a brief n the merits t als send their brief t the Curt via n the same day as the cnventinal filing. A party wh electrnically files a brief n the merits is exempted. ORAP 9.17(5). General Requirements Members f the Oregn State Bar wh are authrized t practice law in Oregn are permitted t file dcuments electrnically with the Oregn Supreme Curt and the Oregn Curt f Appeals. ORAP 16.03, 16.10(1)(a). Page 1 - MEMORANDUM

2 T becme an authrized efiler, attrneys must cmplete a training prgram. ORAP 16.10(1)(b). Oversized exhibits, appendices, and excerpts f recrd must be filed cnventinally within three days f the electrnic filing. ORAP 16.30(1). Attrneys pay filing fees thrugh an electrnic payment system when a dcument is electrnically filed. ORAP 16.20(3). Restrictins based n case type Briefs regarding cases in the fllwing categries may nt be electrnically filed: adptin, juvenile dependency (including terminatin f parental rights), juvenile delinquency, and cmmitment f mentally ill and mentally deficient patients. ORAP 16.60(4). Electrnic Service A party that is electrnically filing a dcument (excluding initiating dcuments) thrugh the efiling system may electrnically serve the dcument n anther party, prvided that the attrney f the party being served is a registered efiler. ORAP 16.45(2)(a). III. Oregn Unifrm Trial Curt Rules 1) Sectin Electrnic Filing f Vilatin Cmplaints and Criminal Citatins Judicial districts, after requesting and receiving apprval frm the Chief Justice, may establish electrnic filing fr vilatin cmplaints and criminal citatins ( e-citatins ). UTCR 4.090(1); See ORS , ) Chapter 21 Filing and Service by Electrnic Means This chapter applies t thse circuit curts that have written apprval frm the State Curt Administratr t accept electrnic filings. UTCR See ORS NOTE: The ffice f the State Curt Administratr said that nne f the circuit curts are currently using electrnic filing fr general matters, but that there is a pilt prgram scheduled t begin very sn. The Oregn State Bar reprts the first cunties t receive the pilt prgram will Page 2 - MEMORANDUM

3 be: Crk / Jeffersn, Yamhill, Jacksn, and Multnmah. Als, the ffice cnfirmed that several cunties (Clackamas, Deschutes, Multnmah) use electrnic filing fr vilatin cmplaints, criminal citatins, r bth. This chapter cntains rules regarding the basics f electrnic filing, including rules related t: authrized filers, frmat f electrnic dcuments, payment f fees, accmplishment f electrnic filing, special filing requirements, electrnic filing deadlines and signatures, and electrnic service. IV. Lcal Rules 1) Baker Cunty 8 th Judicial District Electrnic filing is currently nt authrized. 2) Bentn Cunty 21 st Judicial District Electrnic filing is currently nt authrized. 3) Clackamas Cunty 5 th Judicial District Lcal Rule Electrnic Filing f Vilatin, Misdemeanr and Felny Citatins, With r Withut Cmplaints Electrnic filing f vilatin cmplaints and criminal citatins by law enfrcement agencies is authrized. SLR 4.091(1). Electrnically filed citatins may cntain up t 10 ffenses; therwise, the citatin shuld be filed cnventinally. SLR 4.091(2). The Trial Curt Administratr must give individual agencies apprval t use the electrnic filing system. SLR 4.091(1)(f). General electrnic filing is nt currently authrized. 4) Clatsp Cunty 18 th Judicial District Electrnic filing is nt currently authrized. 5) Clumbia Cunty 19 th Judicial District Electrnic filing is nt currently authrized. Page 3 - MEMORANDUM

4 6) Cs / Curry Cunties 15 th Judicial District Electrnic filing is nt currently authrized. 7) Crk / Jeffersn Cunties 22 nd Judicial District Electrnic filing is nt currently authrized. Starting July 1, 2010, small claims and evictin cases will have electrnic filing. (Crk Cunty Trial Curt Administratr s Office). 8) Deschutes Cunty 11 th Judicial District Lcal Rule Electrnic Filing f Cmplaint fr Traffic Offenses Electrnic filing f cmplaints by law enfrcement agencies fr traffic ffenses (citatins) nly is authrized. Electrnic filing f criminal citatins is nt authrized. SLR 4.091(1). Electrnically filed citatins may cntain up t three ffenses; therwise, the citatin shuld be filed cnventinally. SLR 4.091(1)(c). The Trial Curt Administratr must give individual agencies apprval t use the electrnic filing system. SLR 4.091(1)(d). General electrnic filing is nt currently authrized. 9) Duglas Cunty 16 th Judicial District Lcal Rule Electrnic Cpy f Jury Instructins Required in Civil Cases Parties in civil cases are required t submit an electrnic cpy f prpsed jury instructins t the curt befre trial. The rule states that it acts in additin t the requirements f ORCP 59A, UTCR 6.060, and UTCR A party may be excused frm this requirement if they shw gd cause. Per the lcal rule, UTCR applies in its entirety. UTCR requires submissin f an riginal and cpy f written prpsed jury instructins. Page 4 - MEMORANDUM

5 Electrnic filing is nt currently authrized. 10) Grant / Harney Cunties 24 th Judicial District Electrnic filing is nt currently authrized. 11) Hd River / Wasc / Sherman / Gilliam / Wheeler Cunties 7 th Judicial District Electrnic filing is nt currently authrized. 12) Jacksn Cunty 1 st Judicial District Electrnic filing is nt currently authrized. 13) Jsephine Cunty 14 th Judicial District Lcal Rule Submissin f Jury Instructins This lcal rule requires that parties in civil cases submit an electrnic cpy f prpsed jury instructins t the curt befre trial. The rule states that it acts in additin t the requirements f ORCP 59A, UTCR 6.060, and UTCR A party may be excused frm this requirement if they shw gd cause. Per the lcal rule, UTCR applies in its entirety. UTCR requires submissin f an riginal and cpy f written prpsed jury instructins.. Electrnic filing is nt currently authrized. 14) Klamath Cunty 13 th Judicial District Electrnic filing is nt currently authrized. 15) Lake Cunty 26 th Judicial District Electrnic filing is nt currently authrized. 16) Lane Cunty 2 nd Judicial District Electrnic filing is nt currently authrized. 17) Lincln Cunty 17 th Judicial District Electrnic filing is nt currently authrized. 18) Linn Cunty 23 rd Judicial District Page 5 - MEMORANDUM

6 Electrnic filing is nt currently authrized. 19) Malheur Cunty 9 th Judicial District Electrnic filing is nt currently authrized. 20) Marin Cunty 3 rd Judicial District Electrnic filing is nt currently authrized. 21) Multnmah Cunty 4 th Judicial District Rule Electrnic Filing f Vilatin, Misdemeanr, and Felny Citatins, With r Withut Cmplaints Electrnic filing f vilatin cmplaints and criminal citatins (cllectively, citatins ) by law enfrcement and parking enfrcement agencies is authrized. SLR 4.091(1). Electrnically filed citatins may cntain up t ten ffenses; therwise, the citatin must be filed cnventinally. SLR 4.091(2). The Trial Curt Administratr must give individual agencies apprval t use the electrnic filing system. SLR 4.091(1)(f). General electrnic filing is nt currently authrized. 22) Plk Cunty 12 th Judicial District Electrnic filing is nt currently authrized. 23) Tillamk Cunty 27 th Judicial District Electrnic filing is nt currently authrized. 24) Umatilla / Mrrw Cunties 6 th Judicial District Electrnic filing is nt currently authrized. 25) Unin / Wallwa Cunties 10 th Judicial District Electrnic filing is nt currently authrized. 26) Washingtn Cunty 20 th Judicial District Electrnic filing is nt currently authrized. Page 6 - MEMORANDUM

7 27) Yamhill Cunty 25 th Judicial District Electrnic filing is nt currently authrized. Appearance in Hearings by Telephne r Vide Federal I. Federal Rules f Civil Prcedure 1) There is n specific prvisin regarding appearance in hearings by telephne r vide; there is a prvisin regarding telephnic depsitins Rule 30(b)(4). Rule 30(b)(4) By Remte Means The parties may agree r the curt may rder a depsitin t be taken by telephne r ther remte means. II. Federal Rules f Criminal Prcedure 1) Rule 5 Initial Appearance Rule 5(f) Vide Telecnferencing Vide telecnferencing may be used t cnduct an initial appearance under Rule 5 if the defendant cnsents. 2) Rule 10 Arraignment Rule 10(c) Vide Telecnferencing Vide Telecnferencing may be used t cnduct an arraignment under Rule 10 if the defendant cnsents. III. Lcal Rules U.S. District Curt fr the District f Oregn 1) Lcal Rule 7-1 Mtins Practice Generally Parties may request that ral argument be cnducted by telephne cnference. LR 7-1(d)(3). 2) Lcal Rule 16-4 Alternate Dispute Reslutin (ADR) All parties and attrneys must attend any scheduled mediatin; the party is excused if their defense is prvided fr by an insurance cmpany. If a representative f the insurance cmpany is in the district, they must persnally attend the mediatin cnference. In Page 7 - MEMORANDUM

8 any event, any persn with authrity must attend in persn, but can als be available by telephne. LR16-4(f)(2)(C), (F), (G). 3) Lcal Rule 26-3 Discvery Mtins Discvery disputes may be handled by telephne cnference. LR 26-3(f). 4) Lcal Rule 30-6 Mtins Relating t Depsitins The parties may hld a telecnference with the curt related t disputes ver depsitins. LR 30-6(a). This lcal rule states that the telephne cnference must be pursuant t LR 16-2(c). 5) Lcal Rule 3000 Vide Telecnference (VTC) Prceedings in Criminal Cases If the defendant cnsents, the fllwing criminal prceedings may be cnducted by vide telecnference: initial appearances pursuant t Fed. R. Crim. P. 5, arraignment pursuant t Fed. R. Crim. P. 10, ther preliminary pretrial prceedings, and initial appearances in petty ffense cases. LR Bth the defendant and ther parties may request that the defendant appear by vide telecnference. LR Fr reference, see Fed. R. Crim. P. 43, which utlines the specific criminal prceedings which require the defendant s presence. Oregn I. Oregn Rules f Civil Prcedure 1) There is n specific prvisin regarding appearance in hearings by telephne r vide; there is a prvisin regarding telephnic depsitins Rule 39(C)(7). ORCP 39(C)(7) Depsitin by Telephne Parties may agree r the curt may rder that depsitins be cnducted by telephne. II. Oregn Rules f Appellate Prcedure 1) There is n specific prvisin regarding appearance in hearings by telephne; there is a prvisin regarding appearance in Appellate Settlement Cnferences by telephne ORAP 15.05(1)(b)(i). Page 8 - MEMORANDUM

9 ORAP 15.05(1)(b)(i) Parties may participate in the Appellate Settlement Cnference Prgram by telephne with permissin frm the prgram directr (but generally must be present). III. Oregn Unifrm Trial Curt Rules Applicable t all Cunties / Judicial Districts 1) UTCR Oral Arguments n Mtins in Criminal Cases Parties may request that ral arguments n mtins nt requiring testimny be heard by telecmmunicatin. The request by the defense must be granted if the requesting attrney s ffice is mre than 25 miles away frm the curthuse and the defendant has waived his right in writing t persnally appear. A request by the state must be granted if bth parties agree and the defendant signs a written waiver. If telecmmunicatin is permitted, all parties must appear by telephne. UTCR 4.050(2). 2) UTCR Appearance at Criminal Prceedings By Means f Simultaneus Electrnic Transmissin A curt can cnduct an appearance in a criminal prceeding via telephne, televisin, vide cnference, and internet. UTCR 4.080(1); See ORS , , , , , ) UTCR Oral Arguments n Mtins in Civil Cases Parties may request that ral arguments n mtins nt requiring testimny be heard by telecmmunicatin. The request must be granted if the requesting attrney s ffice is mre than 25 miles away frm the curthuse. If the ffice is less than 25 miles away, the request may be granted. UTCR 5.050(2). 4) UTCR Cnferences in Civil Prceedings Parties may apply, r the curt may arrange fr, cnferences t be by telecmmunicatin. UTCR 6.010(2). IV. Lcal Rules 1) Baker Cunty 8 th Judicial District Lcal Rule Hearing Appearance by Telephne Page 9 - MEMORANDUM

10 Cunsel, parties, and witnesses may be granted permissin by the curt t appear by telephne. There is n requirement that a single party s appearance by telephne in civil cases requires thers t d s, but UTCR mandates such with regards t criminal cases. See UTCR Details: If all f the parties appear via telephne, the party making the mtin fr the hearing is respnsible fr initiating the cnference call. SLR 3.051(3). Lcal Rule Mandatry Settlement Cnference Attendance f all trial attrneys, parties, and insurance representatives with full authrity t settle is required. An insurance cmpany wh is required t attend may appear by telephne. Out f state parties may request t be excused frm attendance. SLR 6.012(2). Lcal Rule Mediatin Where Pwer Imbalance Exists Cnducting mediatin by telephne is a remedy fr circumstances, such as pwer imbalance, which may make cnventinal mediatin difficult r inapprpriate. 2) Bentn Cunty 21 st Judicial District Lcal Rule Settlement Cnference Prcedures Attendance f all trial attrneys, parties, and insurance representatives with full authrity t settle is required. Fr gd cause, the curt may give permissin fr appearance by telephne. SLR 6.012(2). Lcal Rule Appearances by Telephne Cunsel, parties, and witnesses may be granted permissin by the curt t appear by telephne. There is n requirement that a single party s appearance by telephne requires thers t d s, except with regards t criminal cases. See UTCR Telephne appearances must be cnducted frm cunsel s ffice, unless therwise apprved. SLR 7.055(4). 3) Clackamas Cunty - 5 th Judicial District Page 10 - MEMORANDUM

11 Lcal Rule Cnferences in Civil Prceedings Parties, trial attrneys, and insurance cmpany representatives with the authrity t settle the case must persnally appear at the settlement cnference, unless absence is apprved by the curt fr gd cause. SLR 6.012(4). There is n direct mentin f telephnic appearance, but UTCR is applicable. 4) Clatsp Cunty 18 th Judicial District Lcal Rule Appearance at Criminal Prceedings by Simultaneus Electrnic Transmissin The general rule is that in-custdy arraignments are cnducted by simultaneus electrnic transmissin. The curt may rder therwise. SLR 4.081(1); See UTCR The curt may allw in-custdy defendants t appear by simultaneus electrnic transmissin fr plea and sentencing hearings, prbatin vilatin hearings, and ther criminal prceedings. SLR 4.081(2); See UTCR Prbatin fficers may appear by simultaneus electrnic transmissin fr prbatin vilatin hearings. SLR 4.081(3). Lcal Rule Pretrial Cnferences in Civil Cases Generally, trial attrneys and self-represented parties must appear at pretrial cnferences in persn. Hwever, the curt may allw participatin in pretrial cnferences by telephne. SLR 6.011(2). Lcal rule Settlement Cnferences Generally, parties and thers with settlement authrity, including insurance representatives, must appear at settlement cnferences in persn. Hwever, the curt may allw participatin in settlement cnferences by telephne. Lcal Rule Dcket Call Regarding criminal dcket call, attrneys and unrepresented parties may appear by telephne r writing if arranged with the dcket clerk. SLR7.031(1)(a). Defendants shuld appear in persn unless the curt Page 11 - MEMORANDUM

12 apprves a waiver r the case regards a misdemeanr and the defendant has been in cntact with his attrney at least 10 days prir t dcket call. SLR 7.031(1)(b). Civil dcket call is in writing. SLR 7.031(2). 5) Clumbia Cunty 19 th Judicial District Lcal Rule Settlement Cnferences Generally, trial attrneys, parties, and insurance / crpratin representatives with full authrity t settle must appear at settlement cnferences in persn. Hwever, the curt may allw participatin in settlement cnferences by telephne fr gd cause. SLR 6.012(2). Lcal Rule Trial Cntinuances Attrneys and parties may appear regarding mtins fr trial cntinuances in persn r by telephne. Cnference calls may be needed; if s, the mving party must arrange the cnference call. SLR 6.031(1). Lcal Rule Call System fr In-custdy Criminal Cases The District Attrney and defense cunsel may appear by vide at the trial readiness appearance t infrm the curt they are ready fr trial. SLR 7.017(1). 6) Cs / Curry Cunties 15 th Judicial District Lcal Rule Appearance by Simultaneus Electrnic Transmissin In-custdy defendants may appear by simultaneus electrnic transmissin at arraignment, release, change f plea, prbatin vilatin, r sentencing hearing, pursuant t UTCR Lcal Rule Pretrial Settlement Cnferences Generally, trial attrneys, parties, and insurance r crprate representatives with authrity t settle must appear at settlement cnferences in persn. Hwever, the curt may allw participatin in settlement cnferences by telephne fr gd cause. SLR 6.012(2). Lcal Rule Settlement and Call Duty Page 12 - MEMORANDUM

13 Parties may initiate a cnference call t put a settlement n recrd. SLR 6.075(4). Lcal Rule Prbate: Cnferences and Hearings Telephne cnferences may be scheduled. 7) Crk / Jeffersn Cunties 22 nd Judicial District Lcal Rule Habeas Crpus and Pst-Cnvictin Relief Prceeding Befre the Curt by Vide r Telephnic Cnferencing Generally, all hearings and trials regarding pst-cnvictin relief r habeas crpus relief must be held by vide cnferencing, r if it is nt available, by telecnference. The curt may rder therwise. SLR 6.011(1). Attrneys, bth fr the inmate and the Oregn Department f Justice, may appear by vide, telephne, r in persn. SLR 6.011(3). Lcal Rule Optinal Settlement Cnference All trial attrneys, parties, and insurance representatives with full authrity t settle are required t attend a scheduled settlement cnference. A representative f an insurance cmpany wh is required t attend may be available by telephne. SLR 6.012(2). Out f state parties may participate in the settlement cnference thrugh cnference call if the presiding judge gives apprval. SLR 6.012(2). Lcal Rule Trial Call If the attrney r party practice r reside with 25 miles f the curthuse, bth must be present fr trial call. If attrney / party practice r reside mre than 25 miles frm the curthuse, either r bth may appear by telephne. SLR 7.031(4). 8) Deschutes Cunty 11 th Judicial District Lcal Rule Settlement Cnferences Generally, trial attrneys and parties must appear at settlement cnferences in persn. Insurance representatives with full authrity t settle must appear at settlement Page 13 - MEMORANDUM

14 cnferences in persn r be available by telephne. Hwever, the curt may als allw r require participatin in settlement cnferences by telephne fr gd cause. SLR 6.012(4). Lcal Rule Persnal Appearance Required In terminatin and dependency cases, persnal appearance is required. Hwever, in extrardinary circumstances, a parent r guardian may apply t the curt in writing t appear by telephne. 9) Duglas Cunty 16 th Judicial District Lcal Rule Cmpliance with UTCR (simultaneus electrnic transmissin) An in-custdy defendant may appear by simultaneus electrnic transmissin in the fllwing hearings: arraignment, release, prbatin vilatin, plea, and sentencing. Lcal Rule Settlement Cnferences in Civil Cases Generally, attrneys, parties, and insurance representatives with full authrity t settle must appear at settlement cnferences in persn. Insurance representatives may appear by telephne. After a request is submitted t the curt in writing, ut-f-cunty r ut-f-state parties may be excused frm appearing r required t participate by telephne. SLR 6.012(2). Lcal Rule Pretrial Cnferences in Civil Cases Parties and attrneys may appear at pretrial cnferences by telephne, unless the curt rders therwise. SLR 7.075(2). The initiating party must arrange fr all ther parties / attrneys t be n the same call. SLR 7.075(2)(c). 10) Grant / Harney Cunties 24 th Judicial District Lcal Rule Appearance at Criminal Prceedings by Means f Simultaneus Electrnic Transmissin An in-custdy defendant may appear by simultaneus electrnic transmissin in the fllwing hearings: arraignment, release, prbatin vilatin, plea, and sentencing. Fr a sentencing hearing, appearance via Page 14 - MEMORANDUM

15 simultaneus electrnic transmissin requires prir apprval f the curt. Lcal Rule Persnal Appearance Required In terminatin and dependency cases, persnal appearance is required. Hwever, in extrardinary circumstances, a parent r guardian may apply t the curt in writing t appear by telephne. Lcal Rule Mediatin Where Pwer Imbalance Exists Cnducting mediatin by telephne is a remedy fr circumstances, such as pwer imbalance, which may make cnventinal mediatin difficult r inapprpriate. 11) Hd River / Wasc / Sherman / Gilliam / Wheeler Cunties 7 th Judicial District N lcal rules regarding appearances by telephne r vide. 12) Jacksn Cunty 1 st Judicial District Lcal Rule Pretrial Cnferences in Civil Cases Generally, trial attrneys and self-represented parties must appear at pretrial cnferences in persn. Hwever, if requested, the curt may allw participatin in pretrial cnferences by telephne; if the ffice f the requesting attrney / party is 25 miles r mre frm the curthuse, the curt must allw appearance by telephne. SLR 6.011(2). Lcal Rule Settlement Cnferences Generally, trial attrneys, parties, and insurance representatives with the authrity t settle are required t attend settlement cnferences. Hwever, the curt may excuse an insurance representative r party frm persnally appearing fr gd cause, and require participatin by telephne. SLR 6.012(2). 13) Jsephine Cunty 14 th Judicial District Lcal Rule Pretrial Settlement Cnference Prcedures Generally, trial attrneys, parties, and insurance / crpratin representatives with full authrity t settle must Page 15 - MEMORANDUM

16 appear at settlement cnferences in persn. Hwever, the curt may allw participatin in settlement cnferences by telephne fr gd cause. SLR 6.012(2). Lcal Rule Mtins t Cntinue Pending Cases n Curt Dcket Telephne requests are nt permitted. SLR 7.015(1). Lcal Rule Dcket Call Attrneys may appear at criminal and civil dcket call by telephne after arranging fr such with the dcket clerk prir t dcket call. Defendants must appear in persn unless they receive a waiver in advance frm the curt. SLR 7.016(1)(a). 14) Klamath Cunty 13 th Judicial District Lcal Rule Mandatry Settlement Cnference Trial attrneys, parties, and insurance representatives with the authrity t settle are generally required t appear at settlement cnferences in persn. Hwever, the judge may excuse this requirement. SLR 6.012(2)(a), (b). This lcal rule des nt explicitly mentin telecmmunicatin as an ptin, but UTCR 6.010(2) allws any party t request appearance by telephne. Lcal Rule Trial Fees and Preliminary Matters A hearing cncerning preliminary matters in a civil jury trial may be cnducted by telephne. SLR 6.135(1). 15) Lake Cunty 26 th Judicial District Lcal Rule Cmpliance with UTCR An in-custdy defendant may appear by simultaneus electrnic transmissin at the fllwing hearings: arraignment, release, prbatin vilatin, plea (if at arraignment), and sentencing. SLR 4.081(1). Lcal Rule Mandatry Settlement Cnference Trial attrneys, parties, and insurance / crpratin representatives with the authrity t settle are generally required t appear at settlement cnferences in persn. Page 16 - MEMORANDUM

17 Hwever, the judge may excuse this requirement. SLR 6.012(2)(a), (b). This lcal rule des nt explicitly mentin telecmmunicatin as an ptin, but UTCR 6.010(2) allws any party t request appearance by telephne. Lcal Rule Trial Fees and Preliminary Matters A hearing cncerning preliminary matters fr trial may be cnducted by telephne. SLR 6.135(1). Lcal Rule Persnal Appearance Required In terminatin and dependency cases, persnal appearance is required. Hwever, in extrardinary circumstances, a parent r guardian may apply t the curt in writing t appear by telephne. 16) Lane Cunty 2 nd Judicial District Lcal Rule Settlement Cnferences Generally, trial attrneys, parties, and insurance / crpratin representatives with full authrity t settle must appear at settlement cnferences in persn. Hwever, the curt may allw participatin in settlement cnferences by telephne fr gd cause. SLR 6.012(4). 17) Lincln Cunty 17 th Judicial District N lcal rules regarding appearance by telephne r vide. 18) Linn Cunty 23 rd Judicial District Lcal Rule Settlement Cnferences Parties and persns with authrity t settle must appear in persn. If they are ut-f-state, they must appear by telephne r in persn. SLR 6.012(b). 19) Malheur Cunty 9 th Judicial District Lcal Rule Appearance at Criminal Prceeding by Simultaneus Electrnic Transmissin An in-custdy defendant (ODOC facility) must appear by simultaneus electrnic transmissin at the fllwing hearings: arraignments, pre-trial cnferences, pre-trial mtins, and sentencing. SLR 4.081(1). An in-custdy Page 17 - MEMORANDUM

18 defendant at the Malheur Cunty Jail must attend all arraignments by simultaneus electrnic transmissin. SLR 4.081(2). The curt may apprve appearance by simultaneus electrnic transmissin fr ther defendants appearing in criminal prceedings. SLR 4.081(3). Lcal Rule Pst-Cnvictin Relief Hearings n Mtins and Demurrers All ral argument must be cnducted by telephne, unless the curt rders therwise. SLR 4.106(1). Lcal Rule Pst-Cnvictin Relief Trial All pst-cnvictin relief trials must be cnducted by vide cnference. If vide cnference is nt pssible, trials must be cnducted by telephnic cnference. SLR 4.107(1). Cunsel may appear in persn, by vide cnference, r by telephnic cnference. SLR 4.107(2); See als SLR 6.011(1), (3). Lcal Rule Settlement Cnferences Generally, trial attrneys, parties, and insurance representatives with full authrity t settle must appear at settlement cnferences in persn. Insurance representatives may appear by telephne. Als, fr gd cause, the curt may excuse a party frm appearing, but the party may be required t appear by telephne. SLR 6.012(2). Lcal Rule Settlement f Cases Parties may initiate a cnference call t put a settlement n recrd. SLR 7.041(1). Lcal Rule Appearance by Telephne This lcal rule describes the expectatins regarding an appearance by telephne generally. Lcal Rule Persnal Appearance Required In terminatin and dependency cases, persnal appearance is required. Hwever, a parent r guardian may apply t the curt in writing t appear by telephne. SLR (1). Page 18 - MEMORANDUM

19 Lcal Rule DHS r CASA Appearing By Electrnic Means In dependency matters, the curt may allw the DHS r CASA representative t appear by electrnic means. Lcal Rule Mediatin Where Pwer Imbalance Exists Cnducting mediatin by telephne is a remedy fr circumstances, such as pwer imbalance, which may make cnventinal mediatin difficult r inapprpriate. 20) Marin Cunty 3 rd Judicial District N lcal rules regarding appearances by telephne r vide. 21) Multnmah Cunty 4 th Judicial District Lcal Rule Appearance at Criminal Prceedings by Means f Simultaneus Electrnic Transmissin The curt may cnduct any criminal prceedings by simultaneus electrnic transmissin, if the curtrm is equipped with the required technlgy. See UTCR 4.080(1). Lcal Rule Pre-Trial Settlement Cnference Prcedures Generally, trial attrneys, parties, and insurance / crpratin representatives with full authrity t settle must appear at settlement cnferences in persn. Hwever, the curt may allw participatin in settlement cnferences by telephne fr gd cause. Lcal Rule Duty f Attrney at Call An attrney may reprt that they are uncnditinally ready fr a civil case by telephne the day prir t call instead f being persnally present. SLR 7.055(8)(b). 22) Plk Cunty 12 th Judicial District Lcal Rule Appearance at Criminal Prceedings by Means f Simultaneus Electrnic Transmissin The curt may cnduct any criminal prceedings by simultaneus electrnic transmissin, if the curtrm is Page 19 - MEMORANDUM

20 equipped with the required technlgy. See UTCR 4.080(1). 23) Tillamk Cunty 27 th Judicial District Lcal Rule Appearance by Telephne This lcal rule describes general expectatins with regards t an appearance by telephne that is apprved by the curt. Lcal Rule Appearance by Cellular Telephne The curt may apprve the use f cellular telephnes. Lcal Rule Appearance by Simultaneus Electrnic Transmissin (Criminal) Subject t UTCR If the curt apprves, an in-custdy defendant may appear by simultaneus electrnic transmissin at the fllwing hearings: arraignments, release, prbatin vilatin, entry f plea/change f plea (prvided that the required paperwrk has been submitted prir t the hearing), and sentencing. SLR 4.081(1). If the curt apprves, an in-custdy defendant may appear as a witness in any criminal prceeding except a jury trial. SLR 4.081(2). If the curt apprves and btains the written cnsent f all parties, a witness may appear by simultaneus electrnic transmissin in any criminal prceeding, including a jury trial. SLR 4.081(3). If the curt apprves, a prbatin fficer may appear at a prbatin vilatin hearing by simultaneus electrnic transmissin. SLR 4.081(4). Lcal Rule Appearance by Simultaneus Electrnic Transmissin (Civil) If the curt apprves and the requirements f ORS are met, a persn may appear in a civil prceeding by simultaneus electrnic transmissin. ORS Telephne Testimny; When Authrized; Ntice; Payment f Csts Page 20 - MEMORANDUM

21 (3) [T]he curt shall allw telephne testimny under this sectin upn a shwing f gd cause. (4) If jury trial, the curt may allw telephne testimny if gd cause is shwn AND there is a cmpelling need. (8) This sectin des nt apply t administrative hearings. Lcal Rule Settlement Cnferences Generally, trial attrneys, parties, and insurance representatives with the authrity t settle are required t attend settlement cnferences. Hwever, the curt may excuse the insurance representative r party frm persnally appearing fr gd cause, and may require participatin by telephne. SLR 6.012(2). 24) Umatilla / Mrrw Cunties 6 th Judicial District Lcal Rule Pst-Cnvictin Relief Trial All PCR trials where the petitiner is in the custdy f ODOC must be held by vide cnference, r if that is nt available, telephne cnference. SLR 4.107(1). Cunsel may appear in persn, by vide cnference, r by telephne cnference. SLR 4.107(2). Lcal Rule Vide / Telephne Appearances All matters which are nt prhibited by statute are authrized t be heard by vide r telephne cnferencing in the lcatins available. SLR Regarding habeas crpus and pst-cnvictin relief cases, an in-custdy defendant s pretrial mtins, pretrial hearings, and curt trial must be cnducted by vide cnferencing, if available. SLR 7.015(2). Vide and telephne appearances are permissible in civil cases parties shuld make arrangements with the Trial Curt Administratr. SLR 7.015(3). If the persn is in a mental health facility, mtins, hearings, and trial shuld be cnducted by vide cnferencing, if available. SLR 7.015(4). Page 21 - MEMORANDUM

22 25) Unin / Wallwa Cunties 10 th Judicial District Lcal Rule Participatin in Hearing by Telephne Cunsel r a party may be allwed t appear by telephne, if they submit a written request ne day prir t the scheduled hearing. SLR 3.051(1). Lcal Rule Settlement Cnferences Generally, trial attrneys, parties, and insurance representatives with full authrity t settle must appear at settlement cnferences in persn. Insurance representatives may appear by telephne. Als, fr gd cause, the curt may excuse a party frm appearing, but the party may be required t appear by telephne. SLR 6.012(2). Lcal Rule Settlement Agreement Parties may appear at a hearing t recrd the terms f a settlement agreement by telephne. Lcal Rule Vide Appearances In habeas crpus and pst-cnvictin relief cases where the defendant is in custdy, the defendant s pretrial mtins, pretrial hearings, and trial must be cnducted by vide cnferencing, if it is available. SLR 7.015(2). In civil cases, parties shuld arrange fr vide technlgy with the Trial Curt Administratr prir t trial. SLR 7.015(3). Regarding mental cmmitment cases, if the persn is living at a mental health facility, the mtins, hearings, and trial must be cnducted by vide cnferencing, if available. SLR 7.015(4). Criminal matters have first pririty fr use f vide technlgy. SLR 7.015(5). Lcal Rule Mediatin Where a Pwer Imbalance Exists Cnducting mediatin by telephne is a remedy fr circumstances, such as pwer imbalance, which may make cnventinal mediatin difficult r inapprpriate. Lcal Rule Nn-Resident Participants (in Mediatin) Page 22 - MEMORANDUM

23 If ne party is nt a resident f the cunty where mediatin is scheduled, the party can request telephnic mediatin. Further, if bth parties agree that their needs wuld better be served by telephnic mediatin, they may d s. If any party participates by telephne, all parties must. The parties children may nt be present during a telephnic mediatin. 26) Washingtn Cunty 20 th Judicial District Lcal Rule Family Law Case Status Cnferences The curt may allw status cnferences t be cnducted by telephne. SLR 6.012(2), (4). Lcal Rule Family Law Case Settlement Cnferences Attrneys, parties, and ther persns with full authrity t settle must attend the settlement cnference. Hwever, the curt may apprve appearance by telephne. SLR 6.013(9). Lcal Rule Terminatin f Parental Rights Incarcerated parents may appear by telephne with gd cause. 27) Yamhill Cunty 25 th Judicial District Lcal Rule Settlement Cnferences (Criminal) Defendant, defense cunsel, and the DA r DDA with the authrity t settle the case must attend any scheduled settlement cnference. Fr gd cause, the curt will allw telephnic participatin. SLR 4.005(2)(a). Lcal Rule Settlement Cnferences All attrneys and parties must attend the settlement cnference. Any crprate representative with full authrity t settle must als attend. Fr gd cause, the curt may allw appearance by telephne. SLR 6.012(2)(b). Lcal Rule Persnal Appearance Required In terminatin and dependency cases, persnal appearance is required. Hwever, in extrardinary circumstances, a Page 23 - MEMORANDUM

24 parent r guardian may apply t the curt in writing t appear by telephne. Lcal Rule Appearance by Simultaneus Electrnic Transmissin In-custdy defendants may appear by simultaneus electrnic transmissin at the fllwing hearings: arraignment, release, prbatin vilatin, plea, and sentencing. Page 24 - MEMORANDUM