October 2006 “Tips from the Bench”


By Judge John Wittmayer, Multnomah County Circuit Court.

New arbitration forms

The bar should be aware that most of the court’s mandatory arbitration program forms have been changed. Some lawyers are still using arbitration forms that are more than 10 years old. You need to be using the current forms, which will make life easier for the bar and for court staff.

The following forms have been revised this year:

  • Motion and Order Referring Case Into Court Arbitration
  • Request for Appointment of Arbitrator
  • Notice of Selection of Arbitrator and Setting of Date for Hearing
  • Arbitrators Notice/Request to Change Hearing Date Or Award Filing Deadline
  • Arbitrator’s Time Report
  • Arbitration Award or Settlement Notice
  • Appeal of Arbitration Award and Request for Trial

You may obtain copies of these new forms from the clerk’s office in Room 210 of the courthouse. You may also obtain copies from the court’s Web site at:

www.ojd.state.or.us/mul/aprograms.html.

You will notice on the new forms several useful changes. For instance, the Notice of Selection of Arbitrator and Setting of Date for Hearing form now includes a certificate of service and an order approving the setting of the hearing date. Some lawyers have been filing five pages of motion, affidavit, certificate of service and order, all of which are covered by this new one-page form. The new Arbitrators Notice/Request to Change Hearing Date Or Award Filing Deadline form combines the two most common arbitrator requests into a single, one-page form. Also, the Arbitrator’s Time Report form simplifies the time reporting previously expected from arbitrators, but adds a new requirement that the arbitrator’s fee agreement be disclosed.

If you have any questions or comments about these new forms, they should be directed to Judge Edward J. Jones, 503.988.3540.

Amendments to Uniform Trial Court Rules

The Uniform Trial Court Rules have been revised in a number of particulars, effective August 1. The changes that affect your practice this cycle are not extensive, but you should always be aware of the current rules. You may obtain copies of the current Uniform Trial Court Rules from: OJD Publications Section, Supreme Court Building, 1163 State St, Salem OR 97301-2563. Telephone 503.986.5656. They can be found online at www.ojd.state.or.us/programs/utcr/utcrrules.htm.

 

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