UTCR 21.140: MANDATORY ELECTRONIC FILING

(1) An active licensee of the Oregon State Bar must file a document using the electronic filing system, instead of using conventional filing, unless:

(a) The document is required to be conventionally filed under UTCR 21.070(3); or

(b) The filer has obtained a waiver under subsection (2) of this rule.

(2) An active licensee of the Oregon State Bar may seek a waiver of the requirement in section (1) of this rule as follows:

(a) The bar licensee must file one of the following:

(i) A petition for waiver in all cases in a specific judicial district for a specific period of time.

(ii) A motion in an existing case for waiver in that specific case.

(b) A petition or motion must include an explanation describing good cause for the waiver.

(c) A separate petition for waiver must be filed in each judicial district in which the person desires a waiver.

(d) If the court grants a petition for waiver, the bar licensee obtaining the waiver must

(i) File a copy of the court’s order in each case subject to the waiver; and

(ii) Include the words “Exempt from eFiling per Waiver Granted [DATE]” in the caption of all documents conventionally filed during the duration of the waiver.

(e) If the court grants a motion for waiver, the bar licensee obtaining the waiver must include the words “Exempt from eFiling per Waiver Granted [DATE]” in the caption of all documents conventionally filed in the case.

(3) If the electronic filing system is continuously unavailable for a period of more than 24 hours, an active licensee of the Oregon State Bar may file documents using conventional filing until the end of the first full business day after the day on which the electronic filing system becomes available.

(4) If a filer submits a document for conventional filing in contravention of section (1) of this rule and the filer has not obtained a waiver pursuant to section (2) of this rule nor is the electronic system unavailable as described in section (3) of this rule, then court staff may, to the extent allowed by policy adopted by the presiding judge, take any of the following actions:

(a) Direct the filer to the court’s kiosk to complete the filing electronically.

(b) Refuse to accept the document for filing.

(c) Return the document to the filer as unfiled.

(d) Refer the filing to a judge for consideration of sanctions under UTCR 1.090.