SLR 4-7.055: CALL

Call for Civil and Criminal cases; Family Law, Probate, Juvenile, Small Claims and FED Dockets Kept Separate (1) Unless otherwise designated or posted, the Presiding Judge shall announce the cases listed on the Daily Trial Call Calendar each judicial day. (a) Call for Family Law, Probate, Juvenile, Small Claims and FED matters will be conducted separately, as provided in these Rules. (b) When a jury trial is requested in an FED action, the case will be placed on the civil Call calendar. Assignment Times (2) Unless altered by the Presiding Judge or designee, Call shall be at 9:00 AM for all felony offenses and civil matters. Presiding Judge to assign judge, day and time (3) Except for cases set to follow, and cases assigned in multiple assignment groups, the Presiding Judge will announce the day and hour that the trial will begin. Cases set to follow (4) When a case is assigned to a trial judge to follow another case, the attorney on the case set to follow shall be prepared to commence trial promptly upon the completion of the preceding case. Standby Cases (5) A case on the Call calendar may be designated as a standby case at Call proceeding. These cases are assigned later in the day, if judicial time becomes available. (a) A standby case may be assigned out for the following day prior to 4:00 PM on the day of Call. (b) If an attorney on a standby case announces to the clerk an inability to go to trial when assignment is made, the case will either be placed on Call the following judicial day or postponed, at the discretion of the Presiding Judge. Carried Cases (6) For good cause shown, a case may be carried to the Call docket for the following judicial day. Abated and Stayed Cases (7) For good cause shown, the Presiding Judge may abate any case upon motion of counsel or upon motion of the court. (See Motion for Severance and Order Re Motion for Severance, Forms Appendix.) (a) Unless prohibited by law, an abated case may be dismissed, without prejudice, for want of prosecution following notice by the court of intent to dismiss pursuant to ORCP 54B(3) two years from the date of the abatement order if the case has not been removed from abated status or dismissed at an earlier time. A case may be removed from abated status upon motion of counsel or on the court’s own motion. (b) No abated case shall be placed on the trial docket, or be subject to court arbitration or mediation, or have any motion practice conducted during the period of abatement. Parties may by mutual consent proceed with discovery during the period of abatement or inactive status. (c) A case will be stayed, rather than abated as provided in this section, by a notice of bankruptcy. (d) Once a case is reinstated to the active trial docket, the case will be assigned a trial date within 30 days. (See Motion for Reinstatement and Order Re Motion for Reinstatement, Forms Appendix.) Duty of Attorney at Call (8) The attorney of record on a case shall be present at Call, except that: (a) The attorney may appear via a substitute counsel; or (b) The attorney may report unconditionally ready in a civil case by telephone to the Call clerk by 4:45 PM on the judicial day immediately preceding the date of Call. A telephoned report as allowed under this section shall constitute a waiver of the right to file a motion for change of judge as to any judge assigned to hear the matter and of the right to object to another party’s request made at the time of Call that the matter be postponed. (c) If an attorney is not present at Call, does not otherwise report to the court ready on the case, or the Presiding Judge deems the report inadequate or misleading, the Presiding Judge may direct: (i) In civil cases, the entry of a Judgment of Dismissal, following notice by the court of intent to dismiss pursuant to ORCP 54B(3), without prejudice, for want of prosecution, an Order of Default, or such other order as may be appropriate under the circumstances including the imposition of sanctions under UTCR 1.090 and jury expenses under UTCR 6.020; or (ii) That the attorney appear before the court in person to explain the cause for the non-appearance. The proceeding shall be made a matter of record, and if the Presiding Judge determines that such conduct is willfully inexcusable, such conduct may be considered an act of contempt. (d) If a client has been ordered to appear at call, the attorney or substitute counsel must be present. Multiple Case Assignment (9) Cases on the Call calendar may be assigned in multiple case groups. Felony Defendants to Appear at Call (10) Custody defendants are not transported to appear at call except as ordered by the Presiding Judge. Out-of-custody felony defendants may appear on all Call dates remotely or through counsel as permitted by the Remote Proceedings PJO, 25PO00006, unless the Presiding Judge directs otherwise. Cases Specially Set (11) The Presiding Judge may specially assign any case. Advising Presiding Judge (12) An attorney may advise the Presiding Judge in open court at the time a case is to be assigned that a particular judge has previously ruled upon some aspect of the case, or has tried a companion case, and therefore is familiar with the issues of the case. Improper Influencing of Case Assignment (13) Except as provided in 7.055(12), no attorney, party, or other person may directly or indirectly attempt to influence the Presiding Judge or court staff to assign a case to any particular judge, or to avoid assignment of a case to any particular judge. Cases Anticipated to Last Five Days or Longer or Requesting Use of One or More Fridays as Trial Days (14) Six weeks in advance of trial, for trials expected to last five days or longer or where the parties are requesting to conduct trial on one or more Fridays, plaintiff must send or deliver a letter to the Calendaring Secretary, c/o the Presiding Judge, requesting early assignment to a trial judge. The letter must state: the date trial is scheduled to begin; the estimated length of the trial; that parties have conferred as to the estimated length of the trial; the names of the trial attorneys; whether the parties are requesting to conduct trial on one or more Fridays; and the name(s) of the Motion Judge and any other judge that has heard matters related to the case.