SLR 15-7.015: Pleas in Misdemeanor Cases in Coos County Page 11

(1) In misdemeanor cases involving a defendant who is not in custody, the change of plea date shall be no later than 49 days after arraignment. A not guilty plea will be entered by the court at arraignment or based on a letter from an attorney indicating the attorney has been retained by the defendant and is appearing for the defendant. (2) If the defendant enters a not guilty plea through an attorney , at the change of plea date the attorney shall state on the record or in writing that the attorney has personally talked to the defendant about negotiating a plea before the entry of a not guilty plea and shall inform the court of his/her conflict dates. (3) After the change of plea date, a trial shall be held as soon as practicable. (4) Attorney letters of representation in contempt of court cases are set by court staff on the third Friday of the month at 9:00 a.m. for cases filed by the local District Attorney and 11:00 a.m. for cases filed by Department of Justice. (5) When an attorney appears on behalf of a client in a misdemeanor case, either in person or by a letter of representation, the attorney must file with the court within 14 days of the appearance an acknowledgment signed by the client of the next date at which the client is to appear in court. Failure to file the acknowledgment will result in the case being referred to the District Attorney. CHAPTER 8 – DOMESTIC RELATIONS PROCEEDINGS: 8.011 Mediation Orientation/Parent Education (1) Pursuant to ORS 3.434 and the Coos/Curry Family Law Plan, individuals involved in dissolutions, child custody or parenting time disputes must complete the court approved online mediation orientation and parent education class. The cost for the online class shall be the responsibility of the parties. (2) Participation in the online mediation orientation and parent education class is mandatory unless an Order of Default Judgment has been entered by the court. If future motions are filed by the parties and they are at issue, then the class requirements will need to be met by both parties. (3) The parties must complete the online mediation orientation and parent education 15th Judicial District Coos/Curry County Circuit Courts class prior to the court signing a judgment of dissolution unless the court waives attendance for good cause shown by motion and affidavit. Sanctions may be imposed by the court if a party fails to comply. (4) An in-person mediation orientation and parent education class may be substituted for the above requirements. 8.012 Domestic Relations Mediation Program (1) Mediation Requirement. In any domestic relations case not exempted under paragraph (2) of this rule, all parties are required to participate in mediation regarding any contested issue involving child custody, parenting time, or visitation. Mediation may be conducted in-person or by remote means. (2) Exemption from the Mediation Requirement. Any party exempt from mediation under the provisions of this paragraph shall follow the process to request a waiver of mediation described in paragraph (5). The following circumstances exempt a domestic relations case from mediation under this rule: (a) Cases in which the parties are subject to a criminal no-contact order or an active protective order, including but not limited to: (i) Family Abuse Prevention Act Orders. (ii) Stalking Protective Orders. (iii) Elderly Persons and Persons with Disabilities Abuse Prevention Act Orders. (iv) Sexual Abuse Protective Orders. Notwithstanding the exemptions listed above, mediation may occur at the request of the protected person so long as the circumstances of mediation do not violate the terms of the no-contact or protective order. (b) Any matter involving a minor child or youth who is a party in a pending juvenile court case or in the temporary or permanent custody or wardship of the Department of Human Services or the Oregon Youth Authority. (c) Cases in which the parties have submitted a stipulated judgment signed by both parties that fully resolves all contested issues involving child custody, parenting time, or visitation. (d) Cases in which the responding party has been found by the court to be in default or has waived further appearance in the matter. 15th Judicial District Coos/Curry County Circuit Courts (3) Limitations on Issues and Claims Subject to the Mediation Requirement. The following issues and claims are not subject to the mediation requirement under this rule: (a) "Immediate danger" motions seeking an order for temporary custody and/or parenting time under ORS 107.097(3) or 107.139. (b) “Status quo" motions seeking a temporary protective order of restraint issued under ORS 107.097(2) or 107.138. (c) Motions to modify or revoke financial restraining orders issued under ORS 107.093. (d) Controversies concerning child support, spousal support, and/or the division of property or debt. (e) Orders of Assistance. (4) Mediation is required for any contested issue involving child custody, parenting time, or visitation even if an accompanying issue is otherwise excluded from mediation under paragraph (3). (5) Waiver of Mediation and other Resolution Process. A party may not waive mediation without a court order. To request an order allowing waiver, a party must file a Motion to Waive Mediation and Declaration in Support with the court, in substantial conformity with Appendix II, or from the court's website, located at [Link to online form.]. An order to waive mediation may be granted on a party's or the court's own motion after a showing of good cause. (6) Mediation Orders. (a) Upon receipt of a filed response contesting any issue involving child custody, parenting time, or visitation, the court will send the parties, or the attorneys (if represented), a Notice Regarding Mandatory Mediation and an Order for Mediation. The parties are directed to begin the process of mediation within fourteen (14) days of the receipt of the order. The order will include contact information for mediation provider services. The parties must conclude the mediation at least thirty (30) days before trial or hearing on the merits, or such later time as may be allowed by the court on motion and affidavit or declaration showing good cause. (b) If private mediation is sought and the parties are unable to agree on a private mediator or payment of fees of the mediator, any party may file a motion and supporting declaration with the court requesting that the court determine the mediator and payment of fees. 15th Judicial District Coos/Curry County Circuit Courts (7) Good Faith. The parties must participate in mediation in good faith which shall include a mediation orientation, at least one mediation session and up to six hours of total court connected mediation. Mediation shall not be used by any party for the purposes of harassment or delay. (8) Compliance. Court Connected Mediators will file a notice with the court when parties have attended mediation as authorized by ORS 107.765(2). In cases in which the parties complete mediation or other dispute resolution process required by this rule by a means other than Court Connected Mediation, each party must file a Certificate of Required Dispute Resolution in substantial conformity with Appendix III or from the court's website, located at [Link to online form.] The certificate must be filed at least seven (7) days in advance of the hearing or trial. If the certificate has not been filed (or the requirement waived) in a case scheduled for hearing or trial, the court may find that the parties are not ready to proceed to hearing or trial and impose sanctions for failing to comply with this rule, including but not limited to, delaying the hearing or trial date, dismissing the case, or refusing to allow a party to present evidence at the hearing or trial. Even if the parties have failed to participate in mediation, the court in its sole discretion may proceed to trial if it determines it is in the best interest of the parties to proceed. CHAPTER 9 – PROBATE/PROTECTIVE PROCEEDINGS: 9.001 Notices of Time for Filing Objections Notices required in probate or protective proceedings must include the appropriate mailing address for filing objections with the court: (1) Coos County: 250 North Baxter Street, Coquille, Oregon 97423. (2) Curry County: 94235 Moore St., Suite 200, Gold Beach, Oregon 97444. 9.004 Extensions of Time The court will allow an extension of up to 30 days for filing any document if such extension of time is requested in writing and filed with the court . If any further extension of time is necessary, a motion, supporting affidavit or declaration, and proposed order must be filed with the court. 9.005 Late Filing Notices The court will send a delinquency notice to a fiduciary for each failure to timely file a required document. If the fiduciary fails to comply with the terms of the notice, the court will issue an order for the fiduciary and any attorney for the fiduciary t o appear in court and show cause why the fiduciary should not be removed. 15th Judicial District Coos/Curry County Circuit Courts PROBATE ISSUES 9.023 Timely Closing of Estates If an estate is not ready for final distribution at the filing of an annual accounting, the personal representative shall provide to the court an explanation of the reasons why the estate is not ready for distribution. PROTECTIVE PROCEEDINGS 9.081 Manner for Oral Objections Persons permitted to present oral objections in protective proceedings may do so during regular court hours. For Coos County cases the location to present oral objections is the State Court Civil/Domestic office on the main floor of the Coos County Courthouse at 250 North Baxter Street in Coquille. For Curry County cases the location to present oral objections is the State Court Civil/Domestic office on the main floor of the Curry County Courthouse at 29821 Ellensburg Ave in Gold Beach. 9.082 In General A petition for the appointment of a fiduciary shall designate in the caption whether the respondent is an adult or minor, whether the appointment is sought for a temporary or permanent basis (or both), and whether the petitioner is seeking the appointment of a guardian or conservator (or both). 9.083 Visitors Arrangements must be made for a visitor prior to filing a petition for a temporary guardian. The probate clerk can be contacted for the n ames of court -approved visitors. The petitioner can request appointment of the visitor in the petition, rather than by separate motion. 9.084 Waiver of Annual Accounting No annual accounting will be required in conservatorship proceedings if all assets of the conservatorship estate are placed with a financial institution subject to withdrawal only on order or judgment of the court, and a writing signed by the financial institution is filed with the court that shows the assets held and that such assets are subject to withdrawal only on further order or judgment of the court. 9.092 Minors A petition seeking the appointment of a guardian for a minor who is either (a) a member of an Indian tribe or (b) eligible for membership in an Indian tribe and a biological child of a member of an Indian tribe shall contain a statement that the Indian Child Welfare Act (ICWA) applies to the protective proceeding. 15th Judicial District Coos/Curry County Circuit Courts ACCOUNTINGS 9.161 Form of Accountings Accountings in estates and conservatorships shall be submitted in the form specified in UTCR 9.160. 9.164 Changes in Accounting Period The court will allow a change in accounting period for the convenience of the fiduciary. A motion, supporting affidavit or declaration, and proposed order are required. CHAPTER 11 – JUVENILE COURT PROCEEDINGS 11.005 Appearance Required for Summons Issued as Authorized by ORS 419B.812 A parent who is served with a summons as authorized by ORS 419B.812 must appear personally before the court at the time and place specified in the summons for a hearing on the allegation(s) of the petition. 11.081 Settlement of Termination of Parental Rights Cases (1) The p arties may resolve termination cases by execution of Relinquishments and Certification of Irrevocability at any time up to seven calendar days before a scheduled court trial. The State must file a motion to dismiss and attach the documents for filing with the court. ICWA relinquishments shall be executed in court per 25 USC ⸹1913(a) after a colloquy with the parent. (2) The parties may resolve termination cases by execution of stipulated voluntary termination judgments at any time up to seven days before a scheduled trial. The judgment shall be executed in court after a colloquy with the parent. The document shall be entitled Stipulat ed Voluntary Termination of Parental Rights Judgment. If there is new information or good cause to allow this type of resolution closer to a scheduled trial, the assigned TPR judge or juvenile court judge may allow a stipulated voluntary termination closer to trial on a case-by-case basis. (3) Other than as set forth in subsection (2), the parties may resolve termination cases by stipulating to the petition at any time. The judgment shall be executed in court after a colloquy with the parent. The document shall be entitled Stipulated Termination of Parental Rights Judgment. 11.111 Filing of Exhibits (1) Parties shall efile all proposed exhibits prior to a hearing and notify the court if any party objects to the judge reviewing the exhibits prior to that hearing. In Coos County, 15th Judicial District Coos/Curry County Circuit Courts notification is through the coo-juvenile@ojd.state.or.us email address. In Curry County, notification is through the cur-juvenile@ojd.state.or.us email address. (2) Any exhibit offered the day of the hearing shall be filed with the court on the day of the hearing, or by the end of the next judicial day. CHAPTER 13 – ARBITRATION 13.005 Arbitration Program (1) Pursuant to ORS 36.400 the Fifteenth Judicial District has established an arbitration program. (2) Instead of referring a case to arbitration, the parties may stipulate that the court shall act in accordance with the applicable arbitration rules in UTCR Chapter 13, but there shall be no trial de novo. (3) Proceedings conducted pursuant to subsection (2) shall not be reported unless the parties prior to the start of the proceeding pay the trial fee for a nonjury case. (4) If the parties enter into a stipulation provided for in subsection (2), the matter shall be tried to a judge in the Fifteenth Judicial District chosen by the parties. If the parties cannot agree upon the judge who is to try the case, a judge not otherwise properly disqualified shall be assigned by the Presiding Judge. 13.051 ARBITRATION WHEN CASE ALREADY SET FOR TRIAL In all cases subject to mandatory arbitration a trial date will be set in accordance with the court’s regular trial setting procedure and UTCR 7.020(5). All requests to reset a trial date must comply with UTCR 6.030. 13.121 COMPENSATION OF ARBITRATORS (1) In all cases the arbitrator’s fee will be set by the arbitration commission. (2) Each party shall pay one-half of the arbitrator’s fee and it shall be paid in accordance with UTCR 13.120(2). (3) If a case settles before the date of the arbitration the arbitrator shall refund the preliminary payment except for an amount set by the arbitration commission. (4) The parties and arbitrator may use the procedure in UTCR 13.120(1) to adjust or request a higher fee than set above. (*Note - The Arbitration Commission has set the arbitrator’s fee at $500.00 for every 3 and a half hours or a part thereof. If the arbitration is canceled or settled after it has been set for hearing, the arbitrator will be able to retain one-half of the initial fee.) 15th Judicial District Coos/Curry County Circuit Courts CHAPTER 21 - FILING AND SERVICE BY ELECTRONIC MEANS; ELECTRONIC FILES OF THE COURT 21.071 Expedited Filing Any filer submitting an expedited filing through the efiling system shall separately notify the court that an expedited filing has been submitted. Notification shall occur telephonically. A filer must speak with a court clerk in a department related to the case filing. 15th Judicial District Coos/Curry County Circuit Courts APPENDIX I IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF ☐COOS ☐CURRY Date of Hearing: Exhibit Number* File Name/Document Title Additional pages attached. *Plaintiff/Petitioner number in order beginning with 1. Defendant/Respondent begin with 101; Second Defendant/Respondent begin with 201. Submitted by: ☐ Plaintiff/Petitioner ☐Defendant/Respondent Date: ________________________________ Plaintiff/Petitioner, ________________________________ Defendant/Respondent, Case Number: Plaintiff/Petitioner Defendant/Respondent EXHIBIT LIST 15th Judicial District Coos/Curry County Circuit Courts APPENDIX II IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF ____________ ___________________________, Petitioner, and ___________________________, Respondent. ) ) ) ) ) ) ) Case Number: _______________ MOTION TO WAIVE MEDIATION and DECLARATION IN SUPPORT ___________________________________________ Unmarried Children age 18, 19, or 20 years old (per ORS 107.108) I am the petitioner respondent in this case Motion Based on the Declaration below, I ask that this court: WAIVE mediation in this case Statement of Points and Authorities • ORS 107.765 allows the court to order mediation in a domestic relations suit when custody or parenting time is contested • ORS 107.755(1)(b) allows the court to waive required mediation for good cause or for matters brought under ORS 107.097 and 107.138 (temporary orders) Declaration Mediation should be waived because: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 15th Judicial District Coos/Curry County Circuit Courts ____________________________________________________________ ____________________________________________________________ A restraining order, protective order, or no-contact order is currently in effect between the parties in (court)________________ under case number:_________________ I hereby declare that the above statements are true to the best of my knowledge and belief, and that I understand they are made for use as evidence in court and I am subject to penalty for perjury. _________________ ________________________________ Date Signature ________________________________ Name (printed) ____________________________________________________________ Contact Address City, Stay, ZIP Contact Phone (Serve the other party and all adult children who have not filed a Waiver of Further Appearance) Certificate of Mailing I certify that on ( date):________________ I placed a true and complete copy of this Motion in the Unites States mail to (name): ____________________________ at (address):___________________________________________________ ____________________________________________________________ _________________ ________________________________ Date Signature ________________________________ Name (printed) 15th Judicial District Coos/Curry County Circuit Courts APPENDIX III IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF __________ ___________________________, Petitioner, and ___________________________, Respondent. ) ) ) ) ) ) ) Case Number: _______________ CERTIFICATE OF REQUIRED DISPUTE RESOLUTION I, _____________________, am the ________________ in this matter. I certify that pursuant to SLR 8.012 (8), I have attended mediation orientation and participated in ______ hours of mediation/dispute resolution with ______________________________. __________________________________________________ I hereby declare that the above statement is true to the best of my knowledge and belief and that I understand they are made for use as evidence in court and I am subject to penalty for perjury. Date Signature Name (printed)