SLR 4-13.035: COURT SHALL DETERMINE WHETHER CASE IS SUBJECT TO ARBITRATION; AMENDMENT OF PLEADINGS

ARBITRATION; AMENDMENT OF PLEADINGS (1) A case assigned to arbitration will not be exempted without an order, supported by a motion and affidavit, declaration, or certification under ORCP 17C. (2) Only in extraordinary circumstances will the court order a case returned from arbitration to the court docket after a case has been assigned to an arbitrator. (3) If a party in arbitration seeks to amend pleadings that will add a party or parties to the case (e.g., amended complaint, third party complaint, etc.) or which causes the case not to be subject to mandatory arbitration, the party must file such a motion in court pursuant to ORCP 23. Such motions will be heard by the Multnomah County Arbitration Judge. If a motion to amend is granted adding parties to the case, the newly added parties will file in court any responsive pleadings and pay any required appearance fees. The Arbitration Judge’s order allowing any such amendment will address whether the case will remain in arbitration or be removed from the arbitration program in accordance with ORS 36.405. For cases that remain in arbitration, the Arbitration Judge’s order will address whether the current arbitration schedule should be adjusted. For cases that are removed from arbitration, the Arbitration Judge’s order will include the setting of a trial readiness conference in accordance with SLR 7.015. (4) If a party seeks to exempt a case from arbitration in accordance with subsection (3) of this rule, or on any other basis, or seeks an order exempting from arbitration a case that would otherwise be referred to arbitration, that party shall file a motion, supported by affidavit, declaration or certification, with the court, and serve the motion: (a) On the other party or parties in the case; (b) On the arbitrator, if an arbitrator has been assigned to the case; and (c) On the Arbitration Clerk in the Civil Division of the Office of the Trial Court Administrator. (5) A party that moves for an order under subsection (4) of this rule shall promptly advise the arbitrator in the case, if one has been assigned, of the resolution of the motion. (6) Cases exempted from arbitration under this rule may, when again appropriate, be reinstated into arbitration.