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OREGON TRIAL ATTORNEY RESOURCES

This page provides a collection of the resources most commonly used by trial attorneys in Oregon state and federal courts.  Counsel should confirm that the sources consulted are current and up-to-date.

Oregon State Court Resources

The three primary sources of rules for Oregon State Courts are:

  1. Oregon Rules of Civil Procedure (ORCP);
  2. Uniform Trial Court Rules (UTCR); and
  3. Supplemental Local Rules (SLR) (various counties).

Also frequently-used are:

Oregon Evidence Code (OEC)

Oregon Rules of Professional Conduct (RPC) (formerly the "Disciplinary Rules")

Oregon Circuit Court Web Sites

Most circuit court web sites include additional resources for practitioners.  For example, in Multnomah County (which encompassess Portland), practitioners must often refer to the invaluable Attorney Reference Manual, the Civil Motion Panel Statement of Consensus (providing quasi-advisory opinions regarding frequently-litigated issues), and the Multnomah County SLRs

On October 1, 2009, the State of Oregon established a new fee schedule.  See the Oregon DOJ web site for the new fee schedule and calculator. Practice Tips: attach a copy of the fee calculation to the filing to demonstrate to the Clerk's Office that the fees have been calculated properly. Be sure to consult the local county fee schedule for any additional fees.  For example, see the Multnomah County fee schedule effective October 1, 2009.

Oregon and Federal Statutes and Regulations

Oregon Revised Statutes (ORS)

The official home of the complete Oregon Statutes online.  Specific Oregon statutes commonly referenced by trial attorneys include:

  • ORS 30.010 wrongful death
  • ORS 30.260, 270, 275 tort claims act - notice, damages caps re public bodies
  • ORS 31.610 several liability
  • ORS 31.710 wrongful death - $500,000 cap for noneconomic damages (Note: statute currently held to be unconstitutional for most tort claims except wrongful death; check case law for updated status of appellate challenges to constitutionality)
  • ORS 31.725 punitive damages - pleading
  • ORS 31.735 punitive damages - distribution of award
  • ORS 45.250 use of deposition
  • ORS 471.565 dram shop act - notice, liability

Oregon Administrative Rules (OAR)

United States Code (U.S.C.)

Code of Federal Regulations (C.F.R.)

 

Research Resources and Practice Aids

OSB Professional Liability Fund (OSB Members Only / login required)

Provides the invaluable Oregon Statutory Time Limitations Handbook (a.k.a. the "Red Book") free to Oregon Lawyers, as well as various Forms that are essential to new lawyers (such as guides to setting up and running a law office and lawyer trust account) and helpful for experienced lawyers (such as conflict waiver templates).

Fastcase (OSB Members Only / login required)

The Oregon State Bar's research database, including case law for Oregon and most other states.  This is an economical alternative to Westlaw or Lexis for most case law searches.

Legislative History Research Guides (Oregon and most other states)

Google Maps

These satellite maps provide street-level detail that is useful for accident investigation, preparation of trial exhibits, and locating businesses and witnesses.  For county boundaries and "cockpit" views download Google Earth.

Oregon State Bar Member Directory

Oregon Federal Court Resources

United States District Court for the District of Oregon

This site includes the court's Local Rules (effective December 1, 2009), and other important information for practitioners, including the court's message regarding timekeeping requirements for attorney fee petitions.  Note that electronic filing is required for most documents filed in the USDC, not including initial pleadings.

Articles

Litigation Unprofessionalism Revisited: Leashing a Bulldog Adversary

by Richard J. Vangelisti

This article offers “nuts and bolts” strategies to help litigators protect clients’ interests in the face of unprofessional tactics by an adversary. In May 2008 the Oregon State Bar Bulletin published Mr. Vangelisti's original article addressing fundamentals of how litigators can maintain professionalism even when confronted by an adversary’s unprofessional conduct.

Welcome to Oregon: What Every Lawyer Should Know About Practice In Oregon Courts

by Richard J. Vangelisti and Scott F. Kocher

This article discusses the unique aspects of Oregon state and federal court practice that are most important for pro hac vice counsel and other lawyers who are new to Oregon.

Federal Court vs. State Court

by Richard Vangelisti

What is the difference between state court and federal court? The differences can have a significant effect on the cost, and even the outcome of a civil case. This article describes the considerations that Oregon lawyers must weigh when deciding which court is a better forum for a case. 

Traps for the Unwary: Is Oregon’s Statue of Limitations for Injury Claims Really Two Years?

by Scott F. Kocher
This article discusses the most common exceptions to the ORS 12.110 two-year statute of limitations for personal injury cases and other tort claims in Oregon.

Cases Against Nursing Homes

by Richard J. Vangelisti

This article outlines Oregon nursing home law and practical considerations.  It is based on our firm's presentation at the January 2007 Multnomah Bar Association CLE for attorneys on litigating elder physical abuse and neglect cases. 

The Bad and the Ugly: Risk Management Procedures for Oregon Trial Lawyers
by Scott F. Kocher and Richard J. Vangelisti

Trial firms need to take extra care to eliminate avoidable problems and manage responsibly the risks that are inherent in a litigation practice. This article is adapted closely from the Risk Management section our firm’s Procedures Manual. It reflects what we believe are risk management best practices for our firm, and highlights issues that every firm should consider.

Disclaimer

The content, links and information on this web page is provided for informational purposes only. This information is neither legal advice nor an offer of legal advice. It is not intended to be a substitute for independent legal research.

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