March 2006 “Tips from the Bench”

By Judge John Wittmayer, Multnomah County Circuit Court.

Attorney Reference Manual

For years the circuit court in Multnomah County has annually produced and updated an Attorney Reference Manual. The current version of the manual is 66 pages, and is available online at www.ojd.state.or.us/mul/About.html.

The manual is an invaluable guide to lawyers and their staff on how things are done in this court. It also contains many forms to make your work with this court easier, including the following forms:

• Order for Reporting of Proceedings by Stenographic Means
• Motion Praecipe
• Petition for Expedited Hearing
• Motion and Order to Reschedule Summary Judgment Hearing in Front of a Sitting Judge
• Motion and Order to reschedule Summary Judgment Hearing
• Abatement Order
• Order for Severance of Party and Abatement
• Petition and Order to Register Foreign Deposition Instrument and Issue Subpoenas
• Commission to Take Foreign Deposition
• Motion for Show Cause Hearing and Order
• Motion and Order for Continuance (UTCR 7.020)
• Motion and Order for Reinstatement
• Certificate of Alternative Dispute Resolution
• Motion and Order to Postpone Civil Trial

Admission of out-of-state counsel pro hac vice

UTCR 3.170 sets forth detailed requirements and the procedure for you to follow in getting out-of-state counsel admitted pro hac vice. After complying with those portions of UTCR 3.170(2) that require submission of materials to the OSB, you must submit to the presiding court a motion for the admission of counsel pro hac vice. The presiding court in Multnomah County is now allowing lawyers to submit such motions by mail. An appearance at ex parte is no longer required.

Multnomah County Deposition Guidelines and Court Rulings on Deposition Objections

Occasionally during depositions, you might get hung up on whether questions from counsel to the witness are proper. Opposing counsel may object to a question you think proper. Help is available.

In 1992, the bench and the bar in Multnomah County together developed a brief set of written guidelines to help make depositions go more smoothly. You can find these guidelines at www.mbabar.org/docs/depositionguide.pdf. You should review these guidelines in advance of your next deposition and take a copy with you.

If you and adverse counsel are unable to resolve disputes during depositions, the court is able to help. Instead of “reserving” the dispute, getting a transcript, and filing a written motion, it is much quicker and cheaper for your clients if you simply telephone the court during the deposition for an immediate ruling. You should call the office of the presiding judge at 503.988.3846. The presiding judge’s clerk will find you a judge to hear the matter immediately, if a judge is available.

When you get a judge on the telephone for your deposition issue, you should be prepared to tell the judge the name of the case, the names of the lawyers who are present on the telephone call, a very brief description of what the case is about, the name of the witness being deposed, and the pending question to which an objection has been raised. The judge will give each lawyer a brief opportunity to state his/her position, and you will likely receive an immediate ruling.

Trial Memos

When you appear at daily call before the trial judge and report you are ready for your trial that is set for the next day, you should actually consider the possibility that you might be assigned out for trial! That means you should actually be ready for trial, right? So, when you answer "ready," it means that you are telling the presiding jJudge: "There is a trial memo right here in my briefcase, and after you, Judge Koch, tell me to whom I am assigned for tomorrow's trial, I will walk from here directly to that judge's chambers (NOT the mail room) and deliver my trial memo - all before 12 noon today!" Doesn't matter whether it is a civil case or a criminal case.

Don’t go back to your office after daily call and begin to work on your trial memo, expecting to have it slipped under the assigned judge’s door after 5:00 p.m. that day. And don’t bring it to the trial judge the morning of trial, either.

Multnomah County Circuit Court Supplementary Local Rule 6.015(4) requires that your trial memo (along with jury instructions, verdict forms, motions, etc.) “be submitted to the assigned trial department by noon of the day of trial assignment at daily call by the Presiding Judge.”

Email addresses on your pleading paper

Since August 1, 2005 UTCR 2.010(7) has required you to include your email address (and your fax number), if any, on pleadings, motions, and other documents you file with the court. Many lawyers are not complying with this new rule. Please do so.