IN THE MATTER OF | ) | ORDER ADOPTING |
THE ADOPTION OF | ) | AMENDMENTS |
AMENDMENTS TO THE | ) | |
REGULAR DIVISION | ) | |
RULES. | ) |
The following are the Regular Division rule changes. Material being deleted is italicized and [bracketed]; material being added is set forth in bold. If an existing rule with multiple subsections is being amended, only those subsections and footnotes containing amendments are set forth and subsections and footnotes containing no amendments are omitted and denoted by asterisks.
Amendment No. 1
Table of Rules
* * * * *
4. Jurisdiction [(Personal)].
* * * * *
39. Depositions Upon Oral Examination.
* * * * *
H. Payment of Expenses Upon Failure to Appear [(Appeal)].
* * * * *
Amendment No. 2
* * * * *
B. Appeals from a Decision of the Magistrate Division. Upon receipt of an original and one true copy of a complaint accompanied by a copy of the magistrate's written decision [of the Magistrate Division,]and a $50 filing fee, the trial court administrator shall file the complaint in the Regular Division.
* * * * *
D. Correspondence Subsequent to Filing. * * * All subsequent correspondence addressed to the court by any party should indicate that copies have been mailed or delivered to the attorney for the adverse party, or if the party appears in propria persona only, then to the party. Except when correspondence is hand delivered to the court, where possible, the same method of mail or delivery used for corresponding with the court should also be used for mailing or delivery to the adverse party or to attorneys for the adverse party.
E. Filing Fee. Unless exempt by law, the plaintiff shall pay a $50 filing fee as provided by ORS 305.490. [This]That fee must be tendered at the time of the filing of the complaint.
Amendment No. 3
* * * * *
Amendment No. 4
A. Captions; Names of Parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the type of tax involved, the case [register] number of the cause, and a designation * * *.
* * * * *
Amendment No. 6
* * * * *
H. Payment of Expenses Upon Failure to [Appeal] Appear.
* * * * *
Amendment No. 7
* * * * *
F.(3) Production Without Examination or Deposition. A party who issues a subpoena may command the person to whom it is issued, other than a hospital, to produce books, papers, documents, or tangible things by mail or otherwise, at a time and place specified in the subpoena, without commanding inspection of the originals or a deposition. In such instances, the person to whom the subpoena is directed complies if the person produces copies of the specified items in the specified manner and certifies that the copies are true copies of all the items responsive to the subpoena or, if all items are not included, why they are not.
* * * * *
Amendment No. 8
* * * * *
A.(2)(a) * * *
A.(2)(a)(i) [The names of the judgment creditor and the creditor's attorney.] The name and address of each judgment creditor and the name, address, and phone number of each creditor's attorney, if any.
A.(2)[(b)](a)(ii) The name of each judgment debtor and, if known, the address, date of birth, Social Security number and driver license number for each judgment debtor, the state of issuance for each judgment debtor's driver's license and the name of each judgment debtor's attorney.
A.(2)(a)(iii) The name of any person or public body known to the judgment creditor, other than the judgment creditor's attorney, who is entitled to any portion of a payment made on the judgment.
A.(2)[(c)](a)(iv) * * *
A.(2)[(d)](a)(v) * * *
A.(2)[(e)](a)(vi) * * *
A.(2)[(f)](a)(vii) * * *
A.(2)[(g)](a)(viii) * * *
A.[(3)](2)(b) Form. To comply with the requirements of paragraph A(2)(a) of this rule, the requirements in that paragraph must be presented in a manner that complies with all of the following:
A.[(3)(a)](2)(b)(i) The requirements must be presented in a separate, discrete section immediately above the judge's signature if the judgment contains more provisions than just the requirements of paragraph A(2)(a) of this rule.
A.[(3)(b)](2)(b)(ii) * * *
A.[(3)(c)](2)(b)(iii) * * *
A.[(3)(d)](2)(b)(iv) The requirements under paragraph A(2)(a) of this rule must be presented in the same order as set forth in that paragraph.
A.[(4)](3) * * *
* * * * *
Amendment No. 9
A. Immediate Execution; Discretionary Stay. Execution [of] or other proceeding to enforce [the] a judgement may issue immediately upon the entry of the judgment * * *.
* * * * *
IT IS ORDERED that the above-noted amendments become effective January 1, 2001.
Dated this 4th day of January, 2001, nunc pro tunc January 1, 2001.
Carl N. Byers
Judge
![]() |
![]() |
![]() |