Uniform Trial Court Rules changes

September 2007
By Judge John Wittmayer, Multnomah County Circuit Court

Effective August 1, the Uniform Trial Court Rules have been revised. They are available online at http://www.courts.oregon.gov/Multnomah/docs/CourtRules/UTCR.pdf.

The change that will affect most litigation lawyers is contained in Rule 5.100. This rule has for years required that when a lawyer submits a judgment or order to the court, it must be either served on opposing counsel not less than three days prior to submission to the court, or accompanied by a stipulation as to the form by opposing counsel, or mailed to a pro se litigant not less than seven days before submission to the court, or presented in open court with the parties present. These requirements remain unchanged.

The change is that when you submit a judgment or order now, unless presented in open court or on stipulation, you must send to the court along with the judgment or order a certificate describing the manner in which you complied with the requirement to send a copy in advance to counsel or a pro se litigant. This must be done in every case, except for uncontested probate or protective proceedings or for judgments following hearings on petitions for review of drivers' privileges suspension order, UTCR 10.090.