As amended through June 11, 2024
Rule 10.7 - Costs and Disbursements(a) Costs and Disbursements. "Costs and disbursements" are actual and necessary (1) service, filing and witness fees; (2) expenses of reproducing any document used as evidence at a hearing, including perpetuation depositions or other depositions admitted into evidence; (3) expenses of the hearing transcript, including the cost of a copy of the transcript if a copy has been provided by the Bar to a respondent or an applicant without charge; and (4) the expense of preparation of an appellate brief in accordance with ORAP 13.05. Lawyer fees are not recoverable costs and disbursements, either at the hearing or on review. Prevailing party fees are not recoverable by any party.(b) Allowance of Costs and Disbursements. In any discipline or contested reinstatement proceeding, costs and disbursements as permitted in BR 10.7(a) may be allowed to the prevailing party by the Disciplinary Board or the Supreme Court. A respondent or applicant prevails when the charges against the respondent are dismissed in their entirety or the applicant is unconditionally reinstated to the practice of law in Oregon. The Bar shall be considered to have prevailed in all other cases.(c) Recovery After Offer of Settlement. A respondent may, at any time up to fourteen (14)days prior to hearing, serve upon Disciplinary Counsel an offer to enter into a stipulation for discipline or no contest plea under BR 3.6. In the event the SPRB rejects such an offer, and the matter proceeds to hearing and results in a final decision of the Disciplinary Board or the court imposing a sanction no greater than that to which the respondent was willing to plead no contest or stipulate based on the charges the respondent was willing to concede or admit, the Bar shall not recover, and the respondent shall recover, actual and necessary costs and disbursements as permitted in BR 10.7(a) incurred after the date the SPRB rejected the respondent's offer.(d) Procedure for Recovery and Collection. The procedure set forth in the Oregon Rules of Appellate Procedure regarding the filing of cost bills and objections thereto shall apply, except that, in matters involving final decisions of the Disciplinary Board, cost bills and objections thereto shall be resolved by the Adjudicator. The cost bill and objections thereto shall be filed with the Disciplinary Board Clerk, with proof of service on the other party, and shall not be due until 21 days after the date a trial panel's decision is deemed final under BR 10.1. The procedure for entry of judgments for costs and disbursements as judgment liens shall be as provided in ORS 9.536.Rule 10.7 amended by Order dated June 25, 1985, effective 7/15/1985; amended by further Orders dated July 8, 1985 and July 22, 1985; amended by Order dated March 13, 1989, effective 4/1/1989. Rule 10.7 a amended by Order dated October 1, 1990; amended by Order dated June 28, 2001. Rule 10.7d amended by Order dated June 17, 2003, effective 7/1/2003. Rule 10.7a and d amended by Order dated April 26, 2007. Rule 10.7b amended by Order dated October 19, 2009. Rule 10.7a, 10.7b, 10.7c, and 10.7d amended by Order dated May 3, 2017, effective 1/1/2018. Rule 10.7(b) amended by Order dated December 26, 2023, effective 1/1/2024.