Rule 57 Conduct and Ethics; Decorum in Proceedings

A Attorney as Witness. If an attorney offers herself or himself as a witness and testifies on behalf of her or his client, except as to formal matters, such attorney must leave the trial of the cause to other counsel unless an exception is permitted by ORPC 3.7.

B Argument and Examination by More Than One Attorney. No more than one attorney for each party may examine a witness or argue questions of fact or law on objections or motions unless the court directs otherwise.

C Conduct and Ethics. Counsel must conduct themselves in accord with the Oregon Rules of Professional Conduct as amended from time to time.

D Decorum in Proceedings.

D(1) Proper Apparel.

D(1)(a) All persons attending court must dress so as not to detract from the dignity of court. Members of the public not dressed in accordance with this rule may be removed from the courtroom.

D(1)(b) When appearing in court, all attorneys and court officials must wear appropriate attire.

D(1)(c) A person may wear a religiously-required head covering unless the court orders otherwise.

D(2) Manner of Address. During trial, the litigants and litigants’ attorneys must not address adult witnesses or opposing parties by their first names.

D(3) Advice to Clients and Witnesses of Courtroom Formalities. Attorneys must advise their clients and witnesses of the formalities of the court and must encourage their cooperation. Unrepresented parties must similarly advise their witnesses and encourage their cooperation.

D(4) Proper Behavior of Parties and Counsel Before Court. Parties and counsel must:

D(4)(a) Unless otherwise instructed by the court, counsel and parties appearing pro se are free to move about the courtroom to facilitate the identification and use of exhibits and demonstrative evidence. Counsel must keep in mind that the proceedings are recorded by microphone which may limit movement; and

D(4)(b) Refrain from visibly or audibly reacting to the testimony of a witness, except when examining that witness, in a manner which communicates to the witness or is otherwise disruptive. Conduct of the proceedings and participants must at all times be subject to the direction and control of the court.

D(5) Persons Permitted Within Bar of Court. During a trial or the presentation of any matter to the court, only counsel, the parties, or a representative of the parties may sit at counsel table. In addition, each party may have one “technical adviser” (e.g., appraiser, accountant, etc.) sit at counsel table unless the court directs otherwise. Only persons permitted at counsel table, court personnel, and witnesses, when called to testify, are permitted within the bar of the courtroom. Others, including family members of parties, are not permitted within the bar of the courtroom unless otherwise permitted.

D(6) Procedure for Swearing Witnesses. The swearing of witnesses will be conducted as a serious ceremony and not as a mere formality.

D(7) Resignation or Substitution of Attorneys. An application to resign, a notice of termination, or a notice of substitution made pursuant to ORS 9.380 containing the name, address, telephone number, email address, and facsimile transmission number, if any, of the new attorney, if one is being substituted, and of the party. It must be served on that party and the opposing party’s attorney. If no attorney has appeared for the opposing party, the notice must be served on the opposing party. A notice of withdrawal, termination, or substitution of attorney must be promptly filed. TCR amended Jan 1, 2026.