Rule 3.180 - ELECTRONIC RECORDING AND WRITING(1) As used in this rule: (a) "Electronic Recording" includes video recording, audio recording, live streaming, and still photography by cell phone, tablet, computer, camera, tape recorder, or any other means. "Electronic recording" does not include "electronic writing."(b) "Electronic Writing" means the taking of notes or otherwise writing by electronic means and includes but is not limited to the use of word processing software and the composition of texts, emails, instant messages, and postings to social media and networking services.(2) Upon request made prior to the start of a proceeding, and after notice to all parties by the court, electronic recording shall be allowed in any courtroom or during a remote proceeding except as provided under this rule. The court shall permit one video camera, one still camera, and one audio recorder in the courtroom. The court may permit additional cameras and electronic recording in any courtroom or during a remote proceeding consistent with this rule.(3) A person who seeks to electronically record all or any portion of a court proceeding must obtain express permission from the court prior to any proceeding. No fee may be charged. The granting of such permission to any individual person or entity is subject to the court's discretion, which may include considerations of the need to preserve the solemnity, decorum, or dignity of the court; the protection of the parties, witnesses, or jurors; or whether the requestor has demonstrated an understanding of all provisions of this rule.(4) Except as otherwise provided in this rule:(a) The court shall not wholly prohibit all electronic recording of a court proceeding unless the court makes findings of fact on the record setting forth substantial reasons that establish: (i) There is a reasonable likelihood that the electronic recording will interfere with the rights of the parties to a fair trial or will affect the presentation of evidence or the outcome of the trial; or(ii) There is a reasonable likelihood that the costs or other burdens imposed by the electronic recording will interfere with the efficient administration of justice.(b) "Wholly Prohibit All Electronic Recording" means issuing an order prohibiting all recording of a proceeding by all persons. The court's denial of a particular request under the factors in section (3) does not constitute an order prohibiting all recording by all persons and does not require findings of fact on the record, even if the person whose request is denied is the only person who has requested permission to record a proceeding.(5) Except with the express prior permission of the court, a person may not:(a) Electronically record any court proceeding;(b) Electronically record in any area under the control and supervision of the court;(c) Engage in electronic writing within a courtroom;(d) Even if granted permission to record, send any electronic recording from within a courtroom or during a remote proceeding; or(e) Even if granted permission to engage in electronic writing, send any electronic writing from within a courtroom or during a remote proceeding.(6) The provisions of subsections 5(c) and (e) of this rule do not apply to attorneys or to agents of attorneys unless otherwise ordered by the court.(7) The court may limit electronic recording of particular components of the proceeding if the court finds that: (a) The limitation is necessary to preserve the solemnity, decorum or dignity of the court or to protect the parties, witnesses, or jurors;(b) The use of electronic recording equipment interferes with the proceedings; or(c) The electronic recording of a particular witness would endanger the welfare of the witness or materially hamper the testimony of the witness.(8) If a person violates this rule or any other requirement imposed by the court, the court may order the person, and any organization with which the person is affiliated, to terminate electronic recording or electronic writing.(9) Notwithstanding any other provision of this rule, the following may not be electronically recorded by any person at any time:(a) Proceedings in chambers.(b) Any notes or conversations intended to be private including but not limited to counsel and judges conferring at the bench and conferences involving counsel and their clients.(c) Dissolution, juvenile, paternity, adoption, custody, visitation, support, civil commitment, trade secrets, and abuse, restraining and stalking order proceedings.(d) Proceedings involving a sex crime, if the victim has requested that the proceeding not be electronically recorded.(f) Any juror anywhere under the control and supervision of the court during the entire course of the trial in which the juror sits.(g) Recesses or any other time the court is off the record.(10) The court may prescribe the location of and the manner of operating electronic equipment within a courtroom. Artificial lighting is not permitted. Any pooling arrangement made necessary by limitations on equipment or personnel imposed by the court is the sole responsibility of the persons seeking to electronically record. The court will not mediate disputes. If the persons seeking to electronically record are unable to agree on the manner in which the recording will be conducted or distributed, the court may terminate any or all such recording.(11) A judicial district may, by SLR:(a) Designate areas outside a courtroom and under the control and supervision of the court, including hallways or entrances, where electronic recording is allowed without prior permission, unless otherwise ordered in a particular instance.(b) Adopt procedures to obtain permission for electronic recording or electronic writing;(c) SLR 3.181 is reserved for any SLR adopted under this subsection.(12) For the purpose of determining whether this rule or other requirements imposed by the court have been violated, or to assure the effective administration of justice, a person engaged in electronic recording under this rule must, upon request and without expense to the court, provide to the court, for in camera review, an electronic recording in a format accessible to the court. The copy may be retained by the court and may be sealed if necessary for the further administration of justice.(13) This rule does not: (a) Limit the court's contempt powers;(b) Operate to waive ORS 44510. to 44540. (media shield law); or(c) Apply to court personnel engaged in the performance of official duties. Or. Uni. Trial. Ct. R. 3.180
Amended June 10, 2022, effective 8/1/2022; amended November 15, 2022, effective 11/15/2022.UTCR 3.180 was adopted by the entire Oregon Supreme Court, and any changes to the rule will be made only with the consent of the Supreme Court.