Rule 12 Exhibits
Rule Text
A Exhibits: Definition. Exhibits are documents or other items that will be offered as evidence in support of a party’s case. Exhibits include, but are not limited to, writings, reports, notes, graphs, pictures, photographs, documents, maps, receipts, records, diaries, minutes, ledgers, returns, calculations, articles, papers, data, field notes, work papers, and tests.
A(1) Database Disclosure. If an appraiser relies on a computer database to form an opinion of value of the property that is the subject of the appeal, the appraiser must disclose the use of that database to all parties at or before the time for exchanging exhibits. If the database is not freely available to the general public or readily available for commercial purchase or subscription, the party making use of the database must provide, as part of the exhibit exchange, the portions of the database relied on in forming the appraiser’s value opinion. For purposes of this rule, an appraiser is any witness, other than the owner of the property at issue, whose testimony or work product is offered to establish the valuation of the property at issue.
B Marking and Binding of Conventionally Filed Exhibits. Each document, report, or other paper or item is a separate exhibit. The parties have the responsibility of organizing, binding, and marking their exhibits. Exhibits filed by mail or in person must be securely bound, for example with a staple or within a binder, and the case number must appear on the first page or on the binder cover. All exhibits must be marked as follows:
B(1) Plaintiff’s exhibits must be marked numerically. Each exhibit should be given its own number (1, 2, 3); if the exhibit has multiple pages the labeling should include page numbers. (E.g., Ex 1, p1 of 3; Ex 1, p2 of 3; Ex 1, p3 of 3; etc.)
B(2) Defendant’s exhibits must be marked alphabetically. Each exhibit should be given its own letter (A, B, C); if the exhibit has multiple pages the labeling should include page numbers. (E.g., Ex A, p1 of 3; Ex A, p2 of 2; Ex A, p3 of 3; etc.)
B(3) Intervenor’s exhibits must be marked numerically with a capital “I” in front of the number. Each exhibit should be given its own number (I-1, I-2, I-3); if the exhibit has multiple pages the labeling should include page numbers. (E.g. Ex I-1, p1 of 3; Ex I-1, p2 of 3; Ex I-1, p3 of 3; etc.)
C Exchange and Filing of Exhibits. The early exchange of information is encouraged. Each party must provide the court and all other parties with copies of all exhibits to be introduced into evidence in support of that party’s case. The court will not treat exhibits as filed unless they are correctly labeled as required by this rule and proof of service on all other parties is provided.
C(1) Time of Exchange; Time and Manner of Filing.
C(1)(a) Time for Filing. Unless otherwise set by the court, all exhibits must be either postmarked at least 14 days before the trial date or received by the court and all other parties at least 10 days before the trial date. The tenth day ends at 5:00 p.m. local time of the recipient. If the tenth day falls on a legal holiday or weekend, the next business day following the legal holiday or weekend will be considered the tenth day. For purposes of this rule, a legal holiday is defined in ORS 187.010 and ORS 187.020.
C(1)(b) Manner of Filing. Notwithstanding TCR-MD 1 A(3) adopting UTCR 21, and UTCR 21.070(p), exhibits may be filed with the court by OJD electronic filing, by mail or in person, by secure file transfer, or other method as determined by the magistrate. Exhibits filed via OJD electronic filing must otherwise comply with the provisions of UTCR 21.
C(1)(c) Rebuttal Exhibits. Exhibits submitted as rebuttal evidence do not need to be exchanged pursuant to the deadlines stated in TCR-MD 12.2 B(1)(a). In a trial held by remote means, rebuttal exhibits exchanged with opposing parties and submitted to the court by 5:00 p.m. prior to the date of trial will be timely. Rebuttal exhibits submitted after the deadline may be admitted at the magistrate’s discretion.
D Sanctions. The court may exclude any evidence received after the time of exchange, sanction any party who withholds information, or use any other measure the court considers appropriate.