In response to the COVID-19 pandemic, state and federal courts in Oregon continue to amend and enact numerous administrative and case management policy changes.
Below is a summary of the most recent significant changes adopted in the Oregon courts where Lane Powell most frequently practices.
Oregon State Courts
Information on impacts to all Oregon state courts can be found here.
The following restrictions apply statewide to the Oregon Supreme Court, the Oregon Appellate Courts, Oregon Circuit Courts, the Oregon Tax Court, the State Court Administrator’s office and its Divisions.
Jury Trials
- Civil Jury Trials: All civil jury trials scheduled to begin earlier than June 1 shall be postponed, and no such trials shall be scheduled to begin before June 1.
- Criminal Jury Trials:
- For in-custody defendants: Absent a party’s motion to postpone such a trial, the Presiding Judge shall consider whether to postpone each such trial scheduled to begin before June 1. The Presiding Judge shall not postpone such trials unless that judge determines that postponement will not violate a statutory or constitutional right.
- For all other defendants: all trials scheduled to begin earlier than June 1 shall be postponed, and no such trials shall be scheduled to begin before June 1.
Forcible Entry and Detainer Proceedings
- All first appearances shall be postponed without the need for a motion. No party shall be required to appear on the date set by summons for the initial first appearance, and no answer shall be required at that time. Although not required, the Court shall allow a defendant to file an answer before the rescheduling of any first appearance.
- All trials scheduled to begin before June 1, shall be postponed and no trial shall be scheduled to begin before that date. A landlord that wishes to have the court enter an order that a defendant pay rent pending trial must file a motion for such an order.
Motions
- Unless a party has a constitutional or statutory right to have a motion heard in-person, a motion shall be heard by remote means. Rules that require parties request that certain motions be heard by telecommunication are waived in certain criminal and civil cases.
All Other Hearings
- Civil:
- Generally, all proceedings and hearings scheduled to begin earlier than June 1, shall be postponed. No such proceedings shall be scheduled to begin before June 1.
- Criminal Proceedings:
- Certain essential proceedings will continue to be conducted in-person on the date scheduled, unless postponed on motion of a party or the Presiding Judge, including arraignments, probable cause hearings and sentencing hearings. Other essential proceedings will be held on the date scheduled and conducted by remote means, including case management and docket hearings. Refer to the order for specific guidance.
Circuit Courts
Multnomah County
- All civil jury trials currently scheduled to begin are postponed until after June 1. All civil trials scheduled to begin on or after June 1 and before August 1, will be postponed to a date after August 1.
- Ex parte matters will be heard in the mornings only, and appearances should be made electronically. Ex parte matters should be brought only if delay would violate a statutory or constitutional right, jeopardize public health or safety, or would result in imminent irreparable harm.
- Civil cases with pending deadlines to avoid dismissal for want of prosecution before June 1, shall receive an automatic 60-day extension from the due date.
- For more details, see here.
Clackamas County
- All civil jury trials scheduled to begin shall be postponed until after July 6. No new civil jury trials shall be scheduled during this time.
- For more details, see here.
Washington County
- Washington County has not adopted any changes for civil matters beyond the statewide guidance discussed above.
- For more details, see here.
Appellate Courts
Oregon Court of Appeals
- All oral arguments scheduled between April 13 and June 1 shall either be postponed, with the court resetting it to a later date no earlier than July 1, or the parties may opt to have their cases submitted on the briefs.
- For more details, see here.
Supreme Court
- Most scheduled May and June oral arguments are canceled. Only in an exceptional case will the court decide to hold an argument before September.
- For more details, see here.
- Motions to extend time will be liberally granted.
- For more details, see here.
Federal Court
U.S. District Court for the District of Oregon
- All civil and criminal jury selections and jury trials scheduled to begin before April 26 are continued pending further order.
- All other civil and criminal matters scheduled for an in-court appearance before April 26, including any associated deadlines, are continued, unless otherwise ordered by the Presiding Judge or if all parties and the Presiding Judge agree to resolve the matters without oral argument, or via telephone or video teleconferencing where practicable.
- Case-by-case exceptions to these continuances may be ordered for non-jury matters by the Presiding Judge after consultation with counsel.
- Civil or criminal motions that can be resolved without oral argument will proceed as scheduled.
- For more details, see here.