Rule 8 Scheduling
Rule Text
A Scheduling Requests. In general, cases pending before the court will be scheduled for an initial case management conference and additional proceedings as needed.
A(1) Initial Case Management Conference. An initial case management conference is scheduled after all defendants have filed an answer or other response to a complaint.
A(1)(a) Definition. A case management conference is a proceeding held by remote means where a magistrate talks with the parties about their dispute. Case management conferences are not recorded.
A(1)(b) Purpose. The purposes of the conference are, among others, to consider the issues and areas of agreement or disagreement and to determine whether to set a trial or mediation. An additional schedule may be established.
A(1)(c) Whether Proceeding to be Held by Remote Means or In Person. Pursuant to CJO 2023-028 paragraph 2.b.(2), each magistrate may decide how trial, mediation, or oral argument may be held, either by remote means or in person or as the magistrate otherwise determines. Parties may express their preference that the proceeding be held by remote means or in person at a case management conference or by filing a written request with the court.
A(2) Mediation. A party may request mediation at the initial case management conference. All other requests for court-assisted mediation must be in writing. A party submitting a written request for in-person or remote mediation must obtain the consent of the other parties prior to filing the request with the court. A requesting party must submit the written request to the court, listing three mutually convenient mediation dates. Any request for mediation must be submitted no later than 45 days prior to a scheduled trial.
A(3) Trial. A trial date usually will be scheduled at the initial case management conference. All trial requests submitted by a party after the initial case management conference must be in writing. A party requesting a trial must notify all other parties before submitting the written request to the court. The request must list three mutually convenient trial dates and state whether the parties prefer the trial to be held by remote means or in person. Note: for budgetary reasons, in-person trials are restricted to the Oregon Tax Court in Salem.
B Rescheduling Requests. All requests to reschedule proceedings must be submitted in writing and copied to all other parties as required by TCR-MD 3 A. Before filing a rescheduling request, parties should contact the court to determine whether the court is available on the dates proposed. However, the court does not hold dates without magistrate approval. The court allows two individuals to be designated as authorized representatives and expects that one of those two authorized representatives be available for any scheduled proceeding. A request to reschedule a proceeding will be denied absent a showing that both authorized representatives are unavailable.
B(1) Case Management Conference Rescheduling. If a party seeks to reschedule a case management conference, the party must submit a written request to the court. Before submitting its written request, the party must contact the other parties and identify three mutually convenient alternative dates.
B(2) Oral Argument Rescheduling. If a party seeks to reschedule an oral argument, the party must, before contacting the court, obtain the approval of all other parties as well as three mutually convenient alternative dates and times. The request must state whether the parties prefer the oral argument to be held by remote means or in person. All rescheduling requests must be for good cause and must be submitted to the court in writing no later than 10 days prior to the oral argument. The court may deny the request if good cause is not shown.
B(3) Trial and Mediation Rescheduling. Requests to reschedule mediation and trial proceedings that are made no later than 30 days before the proceeding will be granted only for good cause shown. Requests made later than 30 days before the proceeding may be granted in exceptional circumstances.