Introduction
1.
Phone/e-mail
The office
phone number is 503-846-3615. The email address for judicial staff is
Kristine.L.Hackney @OJD.state.or.us and Tiffany.D.Walker-Barkman
@OJD.state.or.us. If you need the judicial assistant to receive messages from
your office, witnesses or family while you are in court please coordinate that
with them directly.
E-mail is
the preferred method of communication with court staff. Telephone messages will
be returned as soon as possible.
2.
Courtroom
Decorum
Attorneys
are expected to conduct themselves with the highest level of professionalism and civility toward
opposing counsel, the opposing party, witnesses, court staff and the court.
That expectation of professional conduct extends beyond the court room to all
areas within the courthouse.
Attorneys
should inform their clients and witnesses the court expects them to behave
civilly toward opposing counsel, the opposing party, witnesses, court staff and
the court. Clients and witnesses should
be advised that an inability to engage in appropriate interactions with any
person in the courtroom setting may result in exclusion from the courtroom and
participation in the proceedings.
Attorneys are expected to inform their
clients that it is unlawful for any person to
record or videotape courtroom proceedings.
3.
Accommodation
for People with Disabilities
Any party
that requires accommodations for a disability or becomes aware that a person
participating in the process requires an accommodation because of a disability
should inform the court as soon as is practicable. Attorneys shall comply with
UTCR7.060.
Assisted
Listening Devices (ALD) are available for all parties, witnesses, jurors and
attorneys. An ALD is available through judicial court staff.
4.
Foreign
Language Interpreters
If a
Foreign Language Interpreter is required for a trial/hearing the party needing
the interpreter should inform the court as soon as is practicable. Attorneys
shall comply with UTCR7.070.
5.
Pretrial
Matters/Motions Practice
A.
Family Law
It
is helpful when filing a motion to show cause to include a cover letter or
within the motion, information advising the court of:
·
A proposed hearing date and information whether there
are unique issues that require the court’s consideration in scheduling the date
for the hearing and counsel’s dates of unavailability.
·
How much time is required for the hearing.
·
Whether a party is requesting a case management
hearing on a post judgment matter. Motions to compel discovery or other
prehearing matters requiring an appearance will be scheduled on the status
conference/case management date.
Providing
the foregoing information will assist the court in scheduling adequate court
time for the hearing within the court’s guidelines for timely resolution.
B.
Discovery Disputes
Attorneys
can contact the court to schedule a 15-minute conference call to resolve
disputes regarding the relevance or breadth of a request for discovery.
C.
In-Camera Review of Protected Health Records
A subpoena for in camera review of protected health
information or records from the Department of Human Services must comply with
ORCP 55. Protective orders will be given priority if expediated consideration
is requested.
A copy of the records released by the court will be made
available for attorneys by arrangement with court staff. A self-represented
party shall have the opportunity to review those records released by the court
during regular business hours in the courtroom.
D.
Reset of Status Conference
A new date for a stipulated reset of a pretrial status
conference on a prejudgment matter or a case management hearing scheduled before
a post judgment hearing can be coordinated by email with judicial staff. A
reset of any other hearing must comply with SLR 8.015.
A motion to waive a status conference shall comply with SLR
8.013.
E.
Settlement Conferences
A request
for a settlement conference at the request of one or more of the parties in a
matter pending in Judge Fun’s court shall follow the provisions of SLR 8.012.
A
stipulated request for a settlement conference in a matter pending in Judge
Fun’s court can be scheduled by contacting Judge Fun’s Judicial Staff. The
parties will be required to affirm in writing or declare on the record the agreement
for Judge Fun to serve as the settlement judge and the trial judge.
A
stipulated request for a settlement conference before Judge Fun in a matter
pending before another judge can be scheduled through Judge Fun’s Judicial
Staff after consultation with the judge assigned the case.
F.
Criminal Law
Proposed Orders or Judgments of Restitution submitted to the
court for signature must comply with UTCR 5.100 and ORCP10.
6.
Trial/Hearing
A.
Appearance by Telephone or Audio/Visual
Telephone
conference calls arranged by the court are limited to three participants
(including the court). Counsel can arrange for their client to appear by phone
through a conference call from their office phone line.
An
appearance of a party or witness by video conferencing system must comply with the
requirements of ORS 45.400. In addition, video conferencing requires a
connection to audio/video equipment at the remote location that is compatible
with the court’s Polycom Conference System. Confirmation of the system compatibility
and availability must be arranged through the Trial Court Administrator and
judicial court staff at least 72 hours in advance of the trial/hearing.
B.
Exhibits
Exhibits
should be marked before trial consistent with UTCR 6.O8O. An exhibit list must
be provided to the courtroom clerk in advance of trial. Documents or photographs that will be offered
as exhibits should be organized into 4 notebooks; the original for the court
clerk, a copy for the opposing counsel/party, the witness, and the court.
Hazardous
substances, controlled substances, weapons and dangerous instruments must be
handled consistent with UTCR 6.140-6.180. Consider a stipulation to a
photograph and/or its nature in lieu of offering the hazardous item/substance
into evidence.
Objects
received as exhibits become the legal and physical custody of the courtroom
clerk and should be treated as such during the court hearing.
C.
Witness Lists and Accommodations
Provide a
witness list to the court clerk, opposing counsel and the court. Inform the
court if special accommodations or scheduling adjustments need to be made for
the witness.
D.
Trial Memorandum
A trial/hearing memorandum must be filed by 12:00 (noon) the
day before the trial/hearing. A courtesy copy of the memorandum should be emailed
to Judge Fun’s judicial staff as early as possible. Opposing counsel/party must
be copied on the email to the court. If the e-filed memorandum was filed
the day before the hearing, do not expect it to be immediately available to the
judge unless a copy was provided directly to court staff no later than 12:00
(noon) the day before the trial/hearing.
A
trial/hearing memorandum informs the court and opposing counsel/party of the
issues you expect to resolve and the way you intend to address them. Discussion
of background information may be necessary and appropriate to explain context, however,
irrelevant, or gratuitous sensitive or emotional evidence and rhetoric is
strongly discouraged.
7.
Jury Trial
A.
Jury Selection
Jury
selection is conducted by addressing the entire panel. A seating chart and the jury
questionnaires will be provided to the parties before voir dire begins.
The court
will be sensitive to the juror’s time and respectful of their participation. The
purpose of voir dire is to identify whether a juror holds a bias which prevents
them from serving as a juror. An attempt to extract a promise from a juror or
an effort to use a juror to discuss their profession or experience as “a
witness” for the other jurors will invite intervention by the court.
B.
Publishing Exhibits to the Jury
Publishing
an exhibit to the jury occurs after an exhibit has been received into evidence.
If an exhibit is subject to objection and may not be received, do not display
it to the jury until after received as an exhibit. A request to provide an
object or small photograph(s) to the jury by publishing to each individual
juror after received is strongly disfavored unless publication will not detract
from the witness’s testimony or delay the proceedings.
C.
Jury Instructions & Verdict Form
Judge Fun will draft individualized jury instructions for each
case. Preliminary instructions are read to the jury before voir dire and
introductory instructions are read to the jury after the jury is selected and
before opening statements. Final jury instructions will be read to the jury
after closing arguments. Written
instructions will be given to each juror for use during their deliberations. Counsel
will have an opportunity to review and raise objections to the final jury
instructions before they are read to the jury.
Proposed
jury instructions and form of verdict must be filed by File and Serve. A copy
must be provided to the court no later than the morning of trial. SLR 6.051.
Courtesy
copies of proposed jury instructions and form of verdict along with the trial
memorandum should be provided to the court no later than 12:00 (noon) prior to
the day of trial.
D.
Attorney/Juror Interactions
Juror
questions of the witnesses are not permitted. Any information brought to the
court by a juror during trial through the verdict that would affect the
integrity of the trial or their ability to serve as a juror will be brought to
the attention of the attorneys and parties. A post-verdict debrief between the
attorneys and the jurors is not permitted. The court will accommodate an attorney
request to invite the juror’s comments on specific matters related to their
individual trial practice skills or presentation. The juror’s comments will be
conveyed to the attorney individually and privately.
E.
Post-Trial Matters
1)
Form of Order/Judgment Disputes
A party
requesting a hearing to address disputes over the language or terms of a
judgment must inform the court by e-mail requesting a hearing or file an
objection that requests a hearing. The court will allow appearance of a party
or attorney by phone with agreement of the opposing attorney/party or
preapproval by the court. A party submitting a judgment/order over the
objections of a party must include the opposing party’s written objections
together with verification the objecting party waives oral argument in the
Certificate of Readiness.