Rule 2.010 - FORM OF DOCUMENTS, Or. Uni. Trial. Ct. R. 2.010 (2024)

Except where a different form is specified by statute or rule, the form of any document, including pleadings and motions, filed in any type of proceeding must be as prescribed in this rule.

(1) "Printed Document," as used in this rule, means any document wholly or partially printed.

(2) Size of Documents

All documents, except exhibits and wills, must be prepared in a manner that, if printed, would be letter-size (8-1/2 x 11 inches), except that smaller sizes may be used for bench warrants, commitments, uniform citations and complaints and other documents otherwise designated by the court.

(3) Documents Must be Printed or Typed; Binding Documents; Use of Staples Generally Prohibited

(a) All documents must be printed or typed, except that blanks in preprinted forms may be completed in handwriting and notations by the trial court administrator or judge may be made in handwriting.

(b) Pleadings and other documents submitted to the court for filing that are not electronically filed must be bound by paperclip or binder clip and must not contain staples. If the document includes an attachment, including a documentary exhibit, an affidavit, or a declaration, then the attachment must be bound in one packet to the document being filed by paperclip or binder clip.

(c) A document or document with attachments submitted to chambers must be stapled as one packet or otherwise bound as practical, depending on the size of the document and attachments.

(4) Spacing, Paging and Numbered Lines

(a) All pleadings, motions and requested instructions must be double-spaced and prepared with numbered lines.

(b) All other documents may be single-spaced and the lines need not be numbered.

(c) On the first page of each pleading or similar document, two inches at the top of the page shall be left blank.

(d) All documents, except exhibits and wills, shall be prepared with a one-inch margin on each side.

(5) Party Signatures and Electronic Court Signatures

(a) The name of the party or attorney signing any pleading or motion must be typed or printed immediately below the signature. All signatures must be dated.

(b) When a document to be conventionally filed contains the signature of the filer, the filer may sign the document using either an original signature, an electronic signature, or an authenticated signature, as those terms are defined in UTCR 1.110 .

(c) When a document to be conventionally filed contains the signature of someone other than the filer, the document may be signed using either an original signature, or an authenticated signature as defined in UTCR 1.110 . If the document contains an authenticated signature:

(i) The party certifies by filing that, to the best of the party's knowledge after appropriate inquiry, the signature purporting to be that of the signer is in fact that of the signer.

(ii) Unless the court orders otherwise, the filer must retain the electronic document until entry of a general judgment or other judgment or order that conclusively disposes of the action.

(d) The court may issue judicial decisions electronically and may affix a signature by electronic means.

(i) The trial court administrator must maintain the security and control of the means for affixing electronic court signatures.

(ii) Only the judge and the trial court administrator, or the judge's or trial court administrator's designee, may access the means for affixing electronic court signatures.

(6) Attorney or Litigant Information

All documents must include the author's court contact information under UTCR 1.110 and, if prepared by an attorney, the name, email address, and the Bar number of the author and the trial attorney assigned to try the case. Law firm and attorney logos, watermarks, or other such images must not appear on any pleading, motion, order, judgment, or writ.

(7) Distinct Paragraphs

All paragraphs in a pleading or motion must be numbered consecutively in the center of the page with Arabic numerals, beginning with the first paragraph of the document and continuing through the last. Subdivisions within a paragraph must be designated by lower case letters, enclosed in parentheses, placed at the left margin of each subdivision.

(8) Exhibits

(a) When an exhibit is appended to a filed document, each page of the exhibit must be identified by the word "Exhibit" or "Ex" to appear at the bottom right-hand side of the exhibit, followed by an Arabic numeral identifying the exhibit. Each page number of the exhibit must appear in Arabic numerals immediately below the exhibit number;

e.g.: "Exhibit 2

Page 10"

(b) Exhibits appended to a pleading may be incorporated by reference in a later pleading.

(c) Except where otherwise required by statute, an exhibit appended to a document must be limited to only material, including an excerpt from another document, that is directly and specifically related to the subject of, and referred to in, the document. A responding party may timely file an additional excerpt or the complete document that the party believes is directly and specifically related. The court may require a party to file an additional excerpt or the complete document.

(d) A party shall not file a non-documentary exhibit without prior leave of the court. A non-documentary exhibit consisting of an electronic recording may be transcribed and filed in documentary format consistent with this rule. If the court grants leave to file a non-documentary exhibit, the exhibit must be conventionally filed on a medium, including appropriate software where necessary, that allows the exhibit to be played or viewed on existing court equipment. Non-documentary exhibits may be returned to the custody of counsel for the submitting party pursuant to UTCR 6.120 . The court may charge a reasonable fee to restore or clean, pursuant to Judicial Department policy and standards, court equipment used to play or view a nondocumentary electronic exhibit. This rule does not apply to evidence submitted in electronic format pursuant to UTCR 6.190 .

(9) Information at Bottom of Each Page

The name of the document, and the page number expressed in Arabic numerals, must appear at the bottom left-hand side of each page of each document.

(10) Caption

(a) Each document submitted to the court for filing must include a caption located near the top of the first page that identifies the following:

(i) The court to which the document is being submitted for filing;

(ii) The names of the parties;

(iii) An identification of the parties' roles;

(iv) The case number; and

(v) A document title that identifies the document being filed, for example, "complaint," "answer," or "motion for stay." Except for the complaint or petition initiating the case, or the initial answer or response, the document title must identify the filing party, for example, "Defendant's Motion for Summary Judgment." When there are multiple parties on a side, the document title must suitably identify the party submitting the document, for example, "Plaintiff Smith's Motion for Stay" or "Defendant MegaCorp's Motion to Dismiss."

(b) The document title of each complaint or petition must indicate the type of claim, such as "personal injury," "breach of contract," "specific performance," or "reformation of contract." If more than one claim for relief is requested, then the body of the pleading also must indicate the type of claim, at the beginning of each claim for relief.

(c) Every motion directed at a pleading must show in the document title the name of the pleading against which it is directed.

(11) Orders, Judgments or Writs

(a) The body of a proposed order, judgment, or writ must clearly state the substance of the court's ruling.

(b) The judge's signature portion of any order, judgment, or writ prepared for the court must appear on a page containing at least two lines of the text. A proposed order or judgment, or any other document that requires court signature, must include, for the purpose of affixing a signature and signature date, a blank space of not less than 1.5 inches and a blank line following the last line of text.

Example:

Petitioner's motion for a stay is granted. The proceedings in this action are held in abeyance pending further notification from petitioner of completion of the conditions set out in this order.

(at least 1.5 inches of blank space following last line of text)

_______________________________________________________

(c) If the order, judgment, or writ is prepared by a party, the name and identity of the party submitting the order must appear therein, preceded by the words "submitted by." See the commentary to this subsection, located at the end of this rule.

(d) A motion must be submitted as a separate document from any proposed form of order deciding the motion. A motion submitted as a single document with an order may not be filed unless the order has been ruled upon and signed by a judge.

(12) Citation of Oregon Cases

(a) In all matters submitted to the circuit courts, Oregon cases must be cited by reference to the Oregon Reports as: Blank v. Blank, Or (year) or as State v. Blank , Or App (year). Parallel citations may be added.

(b) A nonprecedential memorandum opinion issued by the Oregon Court of Appeals under ORAP 10.30(1) may not be cited unless the opinion is relevant under the law of the case doctrine, the rules of claim preclusion or issue preclusion, or if no precedent addresses the issue before the court. A citation to a nonprecedential memorandum must include a parenthetical indicating that the case is a "nonprecedential memorandum opinion" and explaining the reason for citing the opinion and how it is relevant to the issues presented.

(13) Notice of Address or Telephone Number Change

An attorney or self-represented party whose court contact information changes must immediately provide notice of that change to the trial court administrator and all other parties.

(14) Application to Court Forms

Forms created by the Oregon Judicial Department are not required to comply with the provisions of UTCR 2.010(4) or (8) where the Oregon Judicial Department determines variation from those provisions will promote administrative convenience for courts or parties. Such forms and exact copies of such forms may be used and submitted to courts without challenge under UTCR 2.010(4) or (8) .

Or. Uni. Trial. Ct. R. 2.010

Amended June 10, 2022, effective 8/1/2022; amended November 21, 2022, effective 11/21/2022.

1993 Commentary to section (11)(b) :

Subsection (b) of section (11) requires that the information include the author's name (signature not required), followed by an identification of party being represented, plaintiff or defendant.

Example: Submitted by:

A. B. Smith

Attorney for Plaintiff (or Defendant)

An exception to this style would be in cases where there is more than one plaintiff or one defendant. In those situations, the author representing one defendant or plaintiff, but not all, should include the last name (full name when necessary for proper identification) after the designation of plaintiff or defendant.

Example: Submitted by:

A. B. Smith

Attorney for Plaintiff Clarke

1996 Commentary :

The UTCR Committee strongly encourages the use of recycled paper and strongly recommends that all original pleadings, motions, requested instructions, copies, and service copies be on recycled paper having the highest available content of postconsumer waste.

Rule 2.010 - FORM OF DOCUMENTS, Or. Uni. Trial. Ct. R. 2.010 (2024)

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