Rule 1.050 - PROMULGATION OF SLR; REVIEW OF SLR; ENFORCEABILITY OF LOCAL PRACTICES(1) Promulgation of SLR (a) Pursuant to ORS 3.220, a court may make and enforce local rules consistent with and supplementary to these rules for the purpose of giving full effect to these rules and for the prompt and orderly dispatch of the business of the court.(b) A court must incorporate into its SLR any local practice, procedure, form, or other requirement ("local practice") with which the court expects or requires parties and attorneys to comply. A court may not adopt SLR that duplicate or conflict with the constitutions, statutes, ORCP, UTCR, Chief Justice Orders, Supreme Court Orders, disciplinary rules for lawyers, judicial canons, or ORAP. A court may not adopt SLR that establish internal operating procedures of the court or trial court administrator that do not create requirements or have potential consequences for parties or attorneys.(c) Every court must promulgate an SLR governing the scheduling and notification of parties for criminal trials, show cause hearings, and motions. A temporary rule may be issued for a specified period of time with Chief Justice approval if the procedures are under revision or study by the affected court.(d) All forms required by SLR must be submitted as part of the SLR. Such forms shall be placed in an appendix and organized by chapter and SLR number. SLR and related forms shall contain cross-references to one another.(2) Review of SLR (a) The presiding judge must give written notice of proposed new rules and proposed changes to existing rules to the president(s) of the bar association(s) in the affected judicial district and allow the bar association(s) to provide public comment to the presiding judge. The presiding judge must give the written notice at least 49 days before the date of submission of the SLR to the Office of the State Court Administrator (OSCA) pursuant to subsection (b).(b) On or before September 1 of each year, the presiding judge or designee must submit to OSCA a complete set of SLR, including proposed new rules and proposed changes to existing rules, if any. The submission must include a written explanation of each proposed new rule and each proposed change of an existing rule. Absent a showing of good cause, proposed new rules and proposed changes to existing rules will be considered by the UTCR Committee and the Chief Justice or designee not more often than once each year.(c) SLR submitted to OSCA must show proposed changes as follows: new wording and new rules must be in bold and underlined and have braces placed before and after the new wording ({...}), wording to be deleted and rules to be repealed must be in italics and have brackets placed before and after the deleted wording ([...]). When final SLR are submitted to OSCA pursuant to subsection (g), changes shall not be indicated in the manner required by this subsection.(d) The UTCR Committee will conduct an annual review of existing rules, proposed new rules, and proposed changes to existing rules. The UTCR Committee may suggest rule changes to a presiding judge, and recommend disapprovals to the Chief Justice, regarding existing rules, proposed new rules, and proposed changes to existing rules.(e) The Chief Justice or designee shall issue any disapprovals on or before December 15 of the same year. If a local rule is disapproved, notice of that action shall be given to the presiding judge of the judicial district submitting the rule.(f) A presiding judge may include in the final SLR, submitted pursuant to subsection (g), changes suggested by the UTCR Committee. A presiding judge must address in the final SLR any disapprovals made by the Chief Justice. Subsection (a) does not apply to these changes or disapprovals.(g) Judicial districts must file with OSCA a final certified electronic copy of their SLR in PDF and send a copy to the president(s) of the bar association(s) in the affected judicial district. The final certified electronic copy must be received by OSCA no later than January 1 of the next year. Those SLR become effective on February 1 of the next year. SLR filed after January 1 become effective 30 days after the date received by OSCA.(h) The Chief Justice may waive the time limits established in this section upon a showing of good cause.(i) The UTCR Reporter may authorize correction of typographical errors, grammatical errors, inaccurate citations, and inaccurate website addresses if the correction does not change the substance of the rule. The judicial district must follow the filing requirements of ORS 3.220(2)(b) for authorized corrections and give appropriate notice of authorized corrections to the public.(3) Enforceability of Local Practices Not Contained in SLR When any local practice is not contained in a court's SLR, the court may not enforce such local practice or impose any sanction therefore, unless the court has first afforded the party or attorney a reasonable opportunity to cure the violation by complying with the local practice.
Or. Uni. Trial. Ct. R. 1.050
Amended June 10, 2022, effective 8/1/2022.1987 Commentary :
Subsection (2) renumbered as paragraph (1)(c) as of August 1, 1994: This subsection requires a court to promulgate local rules governing the scheduling and notification of counsel for trials, show cause hearings, and for motions. The purpose of this subsection is to give counsel, everywhere in the state, notice of how critical case events are scheduled by each local court. The purpose of this subsection, therefore, is not to promote any particular calendaring procedure, but rather to eliminate unwritten rules of court.