NOTICE SEEKING PUBLIC COMMENT ON PROPOSED UTCR CHANGES FOR 2009
I.
INTRODUCTION This notice is made pursuant to UTCR 1.020(3) which requires official notice of proposed rule changes to be posted for public comment on the Oregon Judicial Department website (http://www.ojd.state.or.us) at least 49 days before final action is taken on the proposals. The proposed changes will also be published in the Oregon Appellate Courts Advance Sheets No. 2 on January 12, 2009. The Uniform Trial Court Rules (UTCR) Committee makes UTCR recommendations to the Chief Justice of the Oregon Supreme Court. At its fall meeting on October 10, 2008, the committee made preliminary recommendations on several proposed changes. The committee will make final recommendations at its next meeting on March 6, 2009. The committee encourages you to submit comments on these proposals, the recommendations (whether for approval or disapproval), and any other action taken by the committee. In order to be considered by the committee, public comment must be received by the UTCR Reporter before the start of the committee’s spring meeting. PLEASE SUBMIT YOUR WRITTEN COMMENTS TO: If you are viewing this notice online, you can submit your written comments by clicking on the button next to the item of interest. You may also submit written comments by email or traditional mail: utcr@ojd.state.or.us or UTCR Reporter Supreme Court Building 1163 State Street Salem, Oregon 97301-2563 If you wish to appear at the spring meeting, you can deliver your comments in person. Please contact the UTCR Reporter at utcr@ojd.state.or.us or Bruce C. Miller at 503-986-5500 to schedule a time for your appearance. Recommendations that are adopted by the Chief Justice will take effect August 1, 2009. They will be posted on the Oregon Judicial Department website (http://www.ojd.state.or.us) and published in the Oregon Appellate Courts Advance Sheets. Additional information on the UTCR process can be found at: http://www.ojd.state.or.us/programs/utcr/index.htm.
II. FUTURE MEETINGS The committee plans to meet twice in 2009. SPRING MEETING: March 6, 2009, 9:00 a.m., at the Office of the Oregon State Court Administrator, Salem. The committee will review public comment on the proposals and recommendations described in this notice and will make final recommendations to the Chief
Notice Seeking Public Comment on Proposed UTCR Changes for 2009 1
Justice on changes to the UTCR to take effect August 1, 2009. The committee may also reconsider any and all of these proposals, the corresponding recommendations, and the other committee actions. FALL MEETING: October 16 and 17, 2009, 9:00 a.m., at the Office of the Oregon State Court Administrator, Salem. The committee will review existing and proposed Supplementary Local Rules (SLR) and may make recommendations to the Chief Justice on disapproval of SLR pursuant to UTCR 1.050. The committee will also consider proposals for changes to the UTCR to take effect August 1, 2010. This is the only meeting at which the committee intends to accept proposals for that cycle. Committee meeting dates for the following year will be scheduled at this meeting. III. SYNOPSIS OF FALL 2008 ACTIONS A. RECOMMENDATIONS OF APPROVAL These are brief descriptions of UTCR changes the committee has preliminarily recommended for approval (see Section IV.A. for detailed explanations). Amend to require use of braces when showing additions. Amend to change “person” to “party”. Move the commentary following section (12) to the end of the rule. Amend to replace citations to Oregon Laws with citations to ORS. Amend to state that the rule also applies to a motion to amend to assert punitive damages. 6. 8.070 Amend to allow a court to place its parenting plan on its website in lieu of, or in addition to, the appendix of the SLR. 7. Form 8.090 Revise form to remove requirement that copies of orders and judgments submitted with the form must be certified. 8. 10.020(2) Amend to replace “hearings officer” with “administrative law judge”. 9. Form 10.010.a Revise to replace “hearings officer” with “administrative law judge”. 10. Form 15.010.1b Revise to replace “A money award of” with “Money awarded in the amount of”. 11. Form 15.010.1c Revise to replace “A money award of” with “Money awarded in the amount of”. 12. Form 15.010.1d Revise to replace “Money award of” with “Money awarded in the amount of”. B. RECOMMENDATIONS OF DISAPPROVAL These are brief descriptions of the UTCR proposals the committee has preliminarily recommended for disapproval (see Item IV.B. for detailed explanations). 1. 2. 3. 4. 5. 2.010(4)(a) 4.050 5.050 5.100 Chapter 7 Amend to delete requirement of numbered lines in pleadings, motions, and instructions. Amend to automatically allow oral argument by telecommunication. Amend to automatically allow oral argument by telecommunication. Amend to clarify meaning of “certificate.” Adopt a new rule to require a party to serve the trial judge with a courtesy copy of the party’s notice of appeal.
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1. 2. 3. 4. 5.
1.050(2)(e) 1.110(4) 2.010(12) 4.090 5.070
Notice Seeking Public Comment on Proposed UTCR Changes for 2009
6. 7. 8.
Form 8.010.5 Form 8.010.5 10.050(1)
Uniform Support Affidavit. Revise and update form (long form). Uniform Support Affidavit. Revise and update form (short form). Amend to delete statement that the court need not consider those points and authorities that do not include a reference to the record or a statement of authorities.
C. OTHER ACTIONS These are brief descriptions of other committee actions (see Item IV.C. for detailed explanations). 1. 2. 3. 4. 5. 6. 7. 8. 9. Adopt a new rule and forms regarding confidential information in family law proceedings. 2.100 Amend to make consistent with the proposed new rule and forms regarding confidential information in family law proceedings. 2.110 Amend to make consistent with the proposed new rule and forms regarding confidential information in family law proceedings. Form 2.100.4c Delete to make consistent with the proposed new rule and forms regarding confidential information in family law proceedings. Form 2.100.4d Delete to make consistent with the proposed new rule and forms regarding confidential information in family law proceedings. Committee to study creation of an ADR chapter. Committee to consider creating a deadline for submission of agenda items and supporting documents. Rules and forms on crime victims’ rights. New chair. Chapter 2
IV. DESCRIPTION OF FALL 2008 ACTIONS Proposed deletions are in [brackets and italics]. Proposed additions are in {braces, underlined, and in bold}. In some cases, no draft wording was submitted to the committee and so none is set out in the explanation. A. RECOMMENDATIONS OF APPROVAL
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1.
1.050(2)(e) Amend to require use of braces when showing additions. ACTION TAKEN Motion 49, to preliminarily recommend approval, passed by consensus. EXPLANATION This proposal was submitted by the UTCR Reporter. The use of braces allows software for the visually impaired to identify proposed new additions to the SLR and makes the rule consistent with UTCR 5.070 on amended pleadings. The proposal also changes “language” to “wording”, consistent with the Oregon Appellate Courts Style Manual 2002.
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PROPOSED AMENDMENT 1.050 PROMULGATION OF SLR; REVIEW OF SLR; ENFORCEABILITY OF LOCAL PRACTICES (1) Promulgation of SLR ***** (2) Review of SLR (a) * * * ***** (e) Proposed local rules submitted to the Chief Justice for review under subsection (2)(b) of this rule must show the proposed changes to the local rule as follows: proposed new [language] {wording} in the SLR and proposed new SLR will be in bold and underlined and have braces placed before and after the new wording ({…}), [language] {wording} proposed to be deleted and SLR proposed to be repealed will be in italics and have brackets placed before and after the deleted [language] {wording} ([...]). When final SLR are submitted to the State Court Administrator after review under subsection (2)(b) of this rule, changes shall not be indicated as required by this subsection. (f) *****
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***
2.
1.110(4) Amend to change “person” to “party”. ACTION TAKEN Motion 55, to preliminarily recommend approval, passed by consensus. EXPLANATION This proposal was submitted by the UTCR Reporter. The change in wording makes section (4) consistent with section (3) and avoids confusion over the definition of “party” in section (1). PROPOSED AMENDMENT 1.110 DEFINITIONS As used in these rules: (1) Party means a litigant or the litigant's attorney. (2) Trial Court Administrator means the court administrator, the administrative officer of the records section of the court, and where appropriate, means trial court clerk. (3) Plaintiff and Petitioner mean any party asserting a claim for relief, whether by way of claim, third-party claim, crossclaim, or counterclaim.
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(4) Defendant and Respondent mean any [person] {party} against whom a claim for relief is asserted. (5) Days mean calendar days, unless otherwise specified in these rules.
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3.
2.010(12) Move the commentary following section (12) to the end of the rule. ACTION TAKEN Motion 50, to preliminarily recommend approval, passed by consensus. EXPLANATION This proposal was submitted by Nori Cross, Special Counsel, Oregon Judicial Department, on November 1, 2007. The commentary is located in the middle of the rule, between section (12) and section (13), which has caused some confusion, especially in West’s version of the rules. The committee concluded that some of that confusion could be avoided by moving the commentary to the end of the rule. PROPOSED AMENDMENT 2.010 FORM OF DOCUMENTS The form of all documents, including pleadings and motions, except where a different procedure is specified by statute or rule, must be: (1) * * * ***** (12) Orders, Judgments or Writs (a) * * * (b) If the order, judgment or writ is prepared by a party, the name and identity of the party submitting the order must appear therein, preceded by the words "submitted by." {See the commentary to this subsection, located at the end of this rule.} (c) * * * ***** [1993 Commentary: Subsection (b) of Section (12) requires that the information include the author's name (signature not required), followed by an identification of party being represented, plaintiff or defendant. Example: Submitted by: A. B. Smith Attorney for Plaintiff (or Defendant) An exception to this style would be in cases where there is more than one plaintiff or one defendant. In those situations, the author representing one defendant or plaintiff, but not all, should include the last name (full name when necessary for proper identification) after the designation of plaintiff or defendant.
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Example: Submitted by: A. B. Smith Attorney for Plaintiff Clarke] (13) * * * ***** (15) * * * {1993 Commentary to section (12)(b): Subsection (b) of Section (12) requires that the information include the author's name (signature not required), followed by an identification of party being represented, plaintiff or defendant. Example: Submitted by: A. B. Smith Attorney for Plaintiff (or Defendant) An exception to this style would be in cases where there is more than one plaintiff or one defendant. In those situations, the author representing one defendant or plaintiff, but not all, should include the last name (full name when necessary for proper identification) after the designation of plaintiff or defendant. Example: Submitted by: A. B. Smith Attorney for Plaintiff Clarke} 1996 Commentary: The UTCR Committee strongly encourages the use of recycled paper and strongly recommends that all original pleadings, motions, requested instructions, copies, and service copies be on recycled paper having the highest available content of postconsumer waste.
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4.
4.090 Amend to replace citations to Oregon Laws with citations to ORS. ACTION TAKEN Motion 51, to preliminarily recommend approval, passed by consensus. EXPLANATION This proposal was submitted by the UTCR Reporter. When this rule was adopted, the ORS number had not been assigned, so citations to the appropriate Oregon Laws chapter were used. This proposal updates the citations to the appropriate ORS. PROPOSED AMENDMENT 4.090 ELECTRONIC FILING OF VIOLATION COMPLAINTS AND CRIMINAL CITATIONS (E-CITATIONS) (1) A judicial district, with approval of the Chief Justice of the Oregon Supreme Court (Chief Justice), may authorize electronic filing of violation complaints and criminal citations (referred to collectively in this rule as “e-citations”) in its
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court(s) as allowed by ORS 153.770 and {133.073} [section 15, chapter 566, Oregon Laws 2005, (Enrolled 2005 HB 2282)]. (2) * * * ***** (4) An SLR authorizing e-citations under this rule shall: (a) Describe the applicable e-citation procedures required by [section 15(2), chapter 566, Oregon Laws 2005, and] ORS 153.770(2) {and 133.073(2)}; and (b) Set the maximum number of offenses that may be filed with the court as cited on a single citation. Nothing in this rule or SLR authorizes the mixing of offenses as prohibited by ORS 133.066(4). (5) * * * *****
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5.
5.070 Amend to state that the rule also applies to a motion to amend to assert punitive damages. ACTION TAKEN Motion 52, to preliminarily recommend approval, passed by consensus. EXPLANATION This proposal was submitted by The Honorable Marilyn Litzenberger, committee member, on July 31, 2008. Her court has found that some attorneys and judges believe the rule is unclear as to whether it applies to a motion to amend for punitive damages. Because of this, some attorneys are not following the rule when bringing such motions. The proposed amendment clarifies that the rule does apply to these motions. PROPOSED AMENDMENT 5.070 MOTION FOR LEAVE TO AMEND PLEADING (1) Except as provided in section (2) of this rule, whenever a motion for leave to amend a pleading {, including a motion to amend to assert a claim for punitive damages,} is submitted to the court, it must include, as an exhibit attached to the motion, the entire text of the proposed amended pleading. The text of the pleading must be formatted in the following manner: ***** (2) * * * *****
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6.
8.070 Amend to allow a court to place its parenting plan on its website in lieu of, or in addition to, the appendix of the SLR. ACTION TAKEN Motion 53, to preliminarily recommend approval, passed by consensus. EXPLANATION This proposal was suggested by Russ Lipetzky, committee member, during the committee’s meeting on October 12, 2007. The committee did not have sufficient time to develop the idea, so it was carried over to the meeting on April 4, 2008. The proposal was discussed at that meeting and carried over to the October 10, 2008, meeting at the request of Sam Friedenberg, committee member. The proposal would save paper by allowing courts to remove the plan from the SLR appendix and place it on their website, should they so choose. It would also give courts flexibility to change the plan without seeking amendment of their SLR. PROPOSED AMENDMENT 8.070 STANDARDIZED PARENTING PLANS (1) SLR 8.075 is reserved for judicial districts to announce that they have adopted a standardized parenting plan. (2) The [specifics of such] {standardized parenting} plan[s] shall be placed in an appendix to the SLR {or on the court’s website or both}.
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7.
Form 8.090 Revise form to remove requirement that copies of orders and judgments submitted with the form must be certified. ACTION TAKEN Motion 48, to preliminarily recommend approval, passed by consensus. EXPLANATION This proposal was submitted by BeaLisa Sydlik, Family Law Staff Counsel, Oregon Judicial Department, on August 29, 2008. Parties, especially self-represented parties, find it difficult and expensive to comply with the requirement that they must submit a certified copy of an existing child support order. The proposal would lessen that burden by requiring only a regular copy of a signed order.
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF ___________________ In the Matter of G the Marriage of: , Petitioner, and , Respondent. ) ) ) ) ) ) ) )
Case No. ______________________ CERTIFICATE RE: PENDING CHILD SUPPORT PROCEEDINGS and/or EXISTING CHILD SUPPORT ORDERS/JUDGMENTS (UTCR 8.090)
I hereby certify that:
1. PENDING CHILD SUPPORT PROCEEDINGS (include any child support matter being heard by either a court or agency as part of a dissolution, separation, annulment, paternity, juvenile court, support, or modification case): G There is no pending child support proceeding in this or any other state involving the parties’ child[ren]. G There is a pending child support proceeding G in Oregon G in another state which involves the parties’ child[ren] as follows: Name/County of Court or Agency where pending: Agency Case Number: Court Case Number: 2. EXISTING CHILD SUPPORT ORDERS OR JUDGMENTS (include any order/judgment whether made by an agency or a court in this or any other state, and whether or not currently effective): G There are no other child support orders/judgments in this or any other state involving the parties’ child[ren]. G There is/are other child support orders/judgments involving the parties’ child[ren], as follows:
Page 1 - From 8.090 — CERTIFICATE RE: PENDING CHILD SUPPORT PROCEEDINGS and/or EXISTING CHILD SUPPORT ORDERS - UTCR 8.090
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ORDER/JUDGMENT #1 (Attach a [certified] copy of the {signed} order) Name/County of Court or Agency where issued: Case Number: Date of Order: ORDER/JUDGMENT #2 (Attach a [certified] copy of the {signed} order) Name/County of Court or Agency where issued: Case Number: Date of Order: ORDER/JUDGMENT #3 (Attach a [certified] copy of the {signed} order) Name/County of Court or Agency where issued: Case Number: Date of Order: ORDER/JUDGMENT #4 (Attach a [certified] copy of the {signed} order) Name/County of Court or Agency where issued: Case Number: Date of Order: Attach additional sheets if necessary, labeled “Attachment 1 to Certificate Re: Child Support Proceedings and Orders”. Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply: G I selected this document for myself and I completed it without paid assistance. G I paid or will pay money to for assistance in preparing this form. DATED this day of , 20 .
G Petitioner G Respondent, Signature Print name Address or Contact Address City, State, Zip Code Telephone or Contact Telephone
Page 2 - Form 8.090 — CERTIFICATE RE: PENDING CHILD SUPPORT PROCEEDINGS and/or EXISTING CHILD SUPPORT ORDERS - UTCR 8.090
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8.
10.020(2) Amend to replace “hearings officer” with “administrative law judge”. ACTION TAKEN Motion 35, to preliminarily recommend approval, passed by consensus. EXPLANATION This proposal was submitted by Danny Lang, a Sutherlin lawyer, on February 20, 2008. It replaces the outdated term “hearings officer” with “administrative law judge”, consistent with ORS 183.600, et seq., DMV notices, and the Oregon Appellate Courts Style Manual 2002. PROPOSED AMENDMENT 10.020 PREPARATION AND DELIVERY OF THE RECORD ON REVIEW (1) * * * (2) The record, preceded by an index of its contents, must be securely fastened in a suitable cover or folder showing on the outside the title and agency number of the case, the name of the [hearings officer] {administrative law judge,} and the date and location of the hearing. The pages of the record must be consecutively numbered at the bottom center of each page. (3) * * *
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9.
Form 10.010.a Revise to replace “hearings officer” with “administrative law judge”. ACTION TAKEN Motion 35, to preliminarily recommend approval, passed by consensus. EXPLANATION Please see the explanation above for item IV.A.8.
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CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF In the Matter of the Suspension of the Driving Privileges of . , Petitioner v. Driver and Motor Vehicle Services Branch of the Oregon Department of Transportation (DMV), Respondent. ) ) ) ) ) ) ) ) ) ) ) )
PETITION FOR JUDICIAL REVIEW DMV No. Circuit Court Case No.
PETITION FOR JUDICIAL REVIEW OF ORDER OF DMV
Petition seeks judicial review of the final order of suspension of driving privileges entered by the , [Hearings Officer] {Administrative Law Judge} of the DMV in case number date . Parties to this review are:
(set out petitioner's full name and address)
And, Driver and Motor Vehicle Services Branch of the Oregon Department of Transportation (DMV)
The Order of the DMV should be vacated because evidence in the record fails to substantially support the [Hearings Officer's] {Administrative Law Judge’s} finding that the following requirements were met (check those items that apply): (a) The petitioner, at the time the petitioner was requested to submit to a test under ORS 813.100, was under arrest for driving while under the influence of intoxicants in violation of ORS 813.010 or a municipal ordinance. (b) The police officer had reasonable grounds to believe, at the time the request was made, that the petitioner had been driving under the influence of intoxicants in violation of ORS 813.010 or a municipal ordinance.
Page 1 - Form 10.010.a – PETITION FOR JUDICIAL REVIEW OF ORDER OF DMV – UTCR 10.010 (Rev. 8-1-02)
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(c)
The petitioner refused to test under ORS 813.100 or took the test and the test disclosed that the level of alcohol in the petitioner's blood was sufficient to constitute being under the influence of intoxicating liquor under ORS 813.300.
(d) The petitioner had been informed under ORS 813.100 of the rights and consequences as described under ORS 813.100. (e) The petitioner was given written notice required under ORS 813.100. (f) If the petitioner submitted to the test, the person administering the test was qualified to administer the test under ORS 813.160. (g) If the petitioner submitted to the test, the methods, procedures and equipment used in the test complied with requirements under ORS 813.160. (h) Other:
Dated this
day of
, 20
.
Set out name, OSB number (attorneys only), address and telephone number G Petitioner G Attorney for Petitioner (Please check one of the above)
Page 2 - Form 10.010.a – PETITION FOR JUDICIAL REVIEW OF ORDER OF DMV – UTCR 10.010 (Rev. 8-1-02) TCG-5-F1
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10. Form 15.010.1b Revise to replace “A money award of” with “Money awarded in the amount of”. ACTION TAKEN Motion 54, to preliminarily recommend approval, passed by consensus. EXPLANATION This proposal was submitted by Nori Cross, Special Counsel, Oregon Judicial Department. The proposed change is meant to make the form consistent with amendments made to ORS 18.042 by 2007 SB 501. This change will help avoid confusion with the technical term “money award,” the definition of which includes various things including the amount of the money awarded.
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Click here to comment on PROPOSED AMENDMENT this form IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR COUNTY Small Claims Division - _____________________________________________________
(court’s address and phone number)
Plaintiff
v.
) ) ) ) ) ) ) )
CASE No. _________________ REQUEST FOR DEFAULT JUDGMENT; DEFENDANT STATUS AFFIDAVIT
Defendant(s)
(NOTE: Complete this and attach a completed Judgment you propose) I,
Name
request default judgment against
Other Party’s Name
for the following : , which total includes: A total judgment award of $ 1. [A money award] {Money awarded in the amount} of $ 2. Prejudgment interest of $ , 3. Accrued arrearages of $ , if any, , 4. Costs and service expenses of $ 5. A prevailing party fee under ORS 20.190 of $ I request judgment include postjudgment interest at a rate of ,
% per
based on
(authority for interest)
And, I request the following terms in addition to or in lieu of a money award: G NONE, or I have attached a completed proposed small claims judgment for purposes of this request. In furtherance of this request, I state that: 1. The above-named defendant(s) was duly and regularly served with a copy of the claim and failed to pay the claim or demand a hearing or trial within 14 days; 2. The person against whom I seek judgment by this request: (a) is not one of the following defined by ORS 125.005 and protected by ORCP 69 B: a minor, incapacitated, a protected person, or a respondent; (b) G is G is not G I am unable to determine whether this person is a person protected by the Servicemembers Civil Relief Act (50 U.S.C. App. 501 to 596). The facts that support this statement are: I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury. Plaintiff’s Name (print) DATED: ___________________________ _ ____________________________________________ Authorized Signature
Form 15.010.1b – REQUEST FOR DEFAULT JUDGMENT; DEFENDANT STATUS AFFIDAVIT – UTCR 15.010(1)(b) (Revised 8-1-05)
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11. Form 15.010.1c Revise to replace “A money award of” with “Money awarded in the amount of”. ACTION TAKEN Motion 54, to preliminarily recommend approval, passed by consensus. EXPLANATION Please see the explanation above for item IV.A.10.
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR COUNTY Small Claims Division - _____________________________________________________
(court’s address and phone number)
Plaintiff
v.
) ) ) ) ) ) ) )
CASE No. _________________ REQUEST FOR JUDGMENT; NONCOMPLIANCE AFFIDAVIT
Defendant(s)
(NOTE: Complete this and attach a completed Judgment you propose) I,
Name
request judgment against
Other Party’s Name
for the following : A total judgment award of $ , which total includes: 1. [A money award] {Money awarded in the amount} of $ 2. Prejudgment interest of $ , 3. Accrued arrearages of $ , if any, 4. Costs and service expenses of $ , 5. A prevailing party fee under ORS 20.190 of $ I request judgment include postjudgment interest at a rate of ,
% per
based on
(authority for interest)
And, I request the following terms in addition to or in lieu of a money award: G NONE, or I have attached a completed proposed small claims judgment for purposes of this request. I, ___________________________________, hereby swear or affirm that on _____________________________
(date agreement signed)
____________________________________ and I signed a Mediation Agreement which has been entered
(Print other party’s name)
in this case and which contained the following terms. _________________________________________________ ___________________________________________________________________________________________ _____________________________________ has not complied with the agreement by failing to do the following:
(print other party’s name)
___________________________________________________________________________________________ ___________________________________________________________________________________________ I mailed a copy I did not keep the other party from following the agreement. I certify that on
(date)
of this request to the party against whom I request judgment at
(address)
I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury. Plaintiff’s Name (print) Dated: _______________________________ ______________________________________________ Authorized Signature
Form 15.010.1c – REQUEST FOR JUDGMENT; NONCOMPLIANCE AFFIDAVIT – UTCR 15.010(1)(c) (Revised 8-1-05)
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12. Form 15.010.1d Revise to replace “Money award of” with “Money awarded in the amount of”. ACTION TAKEN Motion 54, to preliminarily recommend approval, passed by consensus. EXPLANATION Please see the explanation above for item IV.A.10.
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR _________________ COUNTY Small Claims Division - _____________________________________________________
(court’s address and phone number)
__________________________________________
Plaintiff
v. __________________________________________
___________________________________________________________ Defendant(s)
) ) ) ) ) ) ) )
CASE No. _________________ SMALL CLAIMS JUDGMENT; MONEY AWARD G General G Limited G Supplemental G Plaintiff Submitted by: ________________ G Defendant
JUDGMENT. I hereby give judgment in this case for the Judgment Creditor named in the money judgment/money award below and against the judgment debtor(s) named therein. In addition to or in lieu of the money award below, this judgment establishes the following requirements: G NONE, OR ________________________________________________________________________________________ ___________________________________________________________________________________________ MONEY JUDGMENT/MONEY AWARD 1. Judgment Creditor: _________________________________________________________________________
Name(s)/Address
2. Judgment Creditor’s Attorney: G None, OR _____________________________________________________
Name/Address/Phone No.
________________________________________________________________________________ in this case. 3. Judgment Debtor(s). Information for any additional debtor(s) is provided in attachments and incorporated herein by reference: 4a. 5a. 6a. 7a. 8a. Name: ____________________________________ Address: __________________________________ DOB: _____________________________________ SSN or Tax ID: _____________________________ Dr Lic. No./State: ____________________________
Name
4b. 5b. 6b. 7b. 8b.
Name: ___________________________________ Address: _________________________________ DOB: ____________________________________ SSN or Tax ID: ____________________________ Dr Lic. No./State: __________________________
9. Judgment Debtor’s Attorney: G None, OR ____________________________________________ in this case. 10. I know the following person or public body is entitled to a portion of the money award: G NO ONE, OR ________________________________________________________________________________________
Name
11. Judgment is for a total judgment award of $____________ , which includes the following money amounts (and postjudgment interest at rate shown): 12. Money award{ed in the amount} of $___________ 15. Accrued arrearages of $__________ 13. Prejudgment interest of $____________ 16. Costs and service expenses of $__________ 14. Postjudgment interest on “11" will be at _____% per _____. 17. Prevailing party fee of $__________ DATED SIGNED: _______________________ _____________________________________________ Circuit Court Judge _____________________________________________
Print Judge’s Name
Form 15.010.1d – SMALL CLAIMS JUDGMENT; MONEY AWARD – UTCR 15.010(1)(d) (Revised 8-1-05)
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B. RECOMMENDATIONS OF DISAPPROVAL
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1.
2.010(4)(a) Amend to delete requirement of numbered lines in pleadings, motions, and instructions. ACTION TAKEN No motion was made on this proposal. By committee convention, it is treated as preliminarily recommended for disapproval. EXPLANATION This proposal was submitted by Chris Carson, a Portland lawyer, on May 2, 2008. Mr. Carson submitted a writing that argued against this requirement as archaic and expensive for lawyers who need to create new templates with each word processing software upgrade. The committee discussed that judges like this requirement as a quick and easy reference aid. PROPOSED AMENDMENT The proponent did not submit specific wording with the proposal.
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2.
4.050 Amend to automatically allow oral argument by telecommunication. ACTION TAKEN Motion 36, to table the proposal, passed by consensus. It will not appear on the fall 2009 agenda unless the proponent resubmits the proposal with a specific amendment to the rule. By committee convention, it is treated as preliminarily recommended for disapproval. EXPLANATION This proposal was submitted by Danny Lang, a Sutherlin lawyer, on March 4 and 29, 2008. Mr. Lang described instances when his clients travelled long distances to appear as ordered in a citation, incurring significant expense, only to have no hearing because the district attorney had not filed charges. He would like to change the rule by deleting the 25-mile distance requirement and by always permitting appearance by telephone. The committee felt that this proposal would not necessarily solve the problems encountered by his clients. The committee pointed out that Mr. Lang had not submitted specific wording and that the rule would have to be significantly rewritten. The rule would need to differentiate between those motions where testimony is needed and those where it is not. The rule would need an opt-in provision for a party who wants to appear in person at the court. The committee discussed that many of the courts have aging technology and many have a very large motion docket that they must manage. Those courts would have difficulty operating under this proposal. PROPOSED AMENDMENT The proponent did not submit specific wording with the proposal.
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3.
5.050 Amend to automatically allow oral argument by telecommunication. ACTION TAKEN Motion 36, to table the proposal, passed by consensus. It will not appear on the fall 2009 agenda unless the proponent resubmits the proposal with a specific amendment to the rule. By committee convention, it is treated as preliminarily recommended for disapproval. EXPLANATION Please see the explanation above for item IV.B.2. PROPOSED AMENDMENT The proponent did not submit specific wording with the proposal.
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4.
5.100 Amend to clarify meaning of “certificate.” ACTION TAKEN No motion was made on this proposal. By committee convention, it is treated as preliminarily recommended for disapproval. EXPLANATION This proposal was submitted by The Honorable Marilyn Litzenberger, committee member, on July 31, 2008. Judge Litzenberger felt that “certificate” may need to be better defined. One committee suggestion was to create a form and put it in the appendix. Other committee members felt that the rule was adequate as drafted. PROPOSED AMENDMENT The proponent did not submit specific wording with the proposal.
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5.
Chapter 7 Adopt a new rule to require a party to serve the trial judge with a courtesy copy of the party’s notice of appeal. ACTION TAKEN No motion was made on this proposal. By committee convention, it is treated as preliminarily recommended for disapproval. EXPLANATION This proposal was submitted by The Honorable Marilyn Litzenberger, committee member, on July 31, 2008. The committee discussed that service requirements are contained in ORS chapter 19 and in the Oregon Rules of Appellate Procedure (ORAP), that not all judges want to receive the notice of appeal, that the notice should not be jurisdictional, and that this proposal is more appropriate for the ORAP. Committee member Lindsey Hughes sits on the ORAP committee and agreed to bring this proposal to them. PROPOSED AMENDMENT The proponent did not submit specific wording with the proposal.
Notice Seeking Public Comment on Proposed UTCR Changes for 2009
21
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6.
Form 8.010.5 – Uniform Support Affidavit Revise and update form (long form). ACTION TAKEN No motion was made on the proposed long form of the Uniform Support Affidavit. By committee convention, the proposal for the long form is treated as preliminarily recommended for disapproval. EXPLANATION The original proposal, consisting of the long form, was submitted by the Oregon State Bar Family Law Section’s Workgroup on the Uniform Support Affidavit on August 15, 2008. The short form was submitted by the workgroup at the committee’s meeting on October 10, 2008. The short form is intended to supplement, rather than replace, the long form and is for use by self-represented parties in simple cases. A goal of the workgroup was to conform the Uniform Support Affidavit (USA) to uniform support guidelines under the Oregon Administrative Rules and the Oregon Revised Statutes. The committee expressed the following concerns. It is not clear that the proposal has the official support of the Family Law Section executive committee. The form is too long and is not a simplification of the current USA. It is more complex, and will cause more problems, than the current USA. The short form does not include rebuttal on child support, a necessary piece for self-represented parties. The forms may not dovetail well with the proposed rule on confidential information in family law proceedings (see item IV.C.1. below) and there should be a reference back to that proposal’s Confidential Information Form. The box on the first page of the long form and the second page of the short form says the information on the forms is public, but paragraph 1.D. of each form asks if the party wants to keep certain information private. This could lead a party to unrealistic expectations of privacy. The short form needs to be more self-explanatory to avoid confusion by parties trying to complete it. The long form is the equivalent of interrogatories, which are not permitted in Oregon. The USA should not be a discovery tool for parties, judges, and administrative law judges. In recent years, the committee has occasionally discussed revision of the USA in general, and it has consistently concluded that any revision should flow from a consensus product submitted and endorsed by the appropriate stakeholders.
Notice Seeking Public Comment on Proposed UTCR Changes for 2009
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Click here to comment on PROPOSED AMENDMENT this form
IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF ________________
Case No. ) ) ) PETITIONER’S NAME, Judge Assigned: ) Check one box: ) Petitioner, G PETITIONER’S G RESPONDENT’S ) G CO-PETITIONER or ) And G OTHER: ) ) RESPONDENT’S NAME, UNIFORM SUPPORT DECLARATION ) ) Respondent. (Child or Spousal Support Case) ________________________________________ ) OR CSP Case # INSTRUCTIONS: In the Matter of: This form is a DECLARATION under penalty of perjury required for support determinations. It must be completed in its entirety, signed, filed with the court or appropriate administrative agency, and served upon the other party (or their attorney). If no party seeks spousal support or a deviation (rebuttal/change) from the uniform child support guidelines, you need only complete the declaration (sections 1 through 6) and supply any attachments requested on those pages. If any party seeks either spousal support and/or any deviation (rebuttal/change) from the uniform child support guidelines, you must complete not only the declaration (sections 1 through 6) and supply any attachments requested on those pages, but also complete the additional schedules after the declaration. To rebut child support, complete Schedule 1 – Child Support Rebuttal Information. For claims of spousal support, complete Schedule 2 – Spousal Support Factors. IMPORTANT: This information may be made available to the public and will be disclosed to the other party. 1. PERSONAL INFORMATION. IF THERE IS NOT ENOUGH ROOM ON THE FORM TO LIST ALL NECESSARY PEOPLE IN SECTIONS “1E,” “1F,” AND 1G”, ATTACH AN ADDITIONAL SHEET WITH THE ADDITIONAL INFORMATION AND LABEL IT WITH THE APPROPRIATE SECTION NUMBER. A. Your full name: Your age: ; and Year of Birth: B. Your current mailing or contact address: C. Home phone number: Cell phone: ; .
D. Should your personal/contact information be kept private? G Yes G No Page 1 – UNIFORM SUPPORT DECLARATION
Notice Seeking Public Comment on Proposed UTCR Changes for 2009 23
E. List all children born or adopted during this relationship: Children Living With: Name of Child Age Year of Birth Me Other Parent Other
F. List all people living in your household (i.e any registered domestic partner) (do not list children already listed above in Paragraph “1E”). Name Age Year of Birth Relationship to You Monthly Income
G. List all other dependents or children not listed in Paragraphs “1E” or “1F” above. Name Age Year of Birth Relationship to You Monthly Income
2. EMPLOYMENT AND OTHER INCOME A. Are you EMPLOYED by someone else? Yes (if yes, fill out the information below). G No (if no, skip to Paragraph “2B”). i. Are you currently working Full-Time (40 hours per week)? G Yes G No. If no, how many hours do you work per week? ii. List the Name, Address and Telephone number of your current employer(s): iii. When did you begin working for this/these employer(s)? iv. What is the amount of your gross income from wages? (the amount you earn from working before any taxes or other deductions are taken out) $________ per G week G two-weeks G month G twice per month v. Do you work any overtime hours? G Yes (if yes, how many per week Hourly rate? ) G No vi. Do you pay any mandatory union dues? G Yes (if yes, how much do you pay? $ G week G two weeks G twice per month G month G No ? per
Page 2 – UNIFORM SUPPORT DECLARATION
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vii. Do you have any other deductions taken from your paychecks? (Such as retirement contributions, insurance premiums, etc.) G Yes G No If yes, for what? a. b. c. ; amount per check $ ; amount per check $ ; amount per check $
viii. Do you receive any other benefits from your employment? Check all that apply and list monthly amount. a. Commissions? G Yes $ G No G Yes $ G No b. Tips? c. Advances? G Yes $ G No d. Bonuses? G Yes $ G No e. Allowances for travel expenses? G Yes $ G No f. Allowances for fuel or automobiles? G Yes $ G No G Yes $ G No g. Other allowances? h. Severance pay? G Yes $ G No i. Any OTHER benefits? G Yes $ G No ix. ATTACH A COPY OF YOUR FOUR MOST RECENT PAY STUB(S), COPIES OF YOUR MOST RECENTLY FILED STATE AND FEDERAL TAX RETURNS, AND YOUR MOST RECENT PROFIT AND LOSS STATEMENT. B. Are you SELF-EMPLOYED? G Yes (if yes, fill out the information below). G No (if no, skip to Paragraph “2C”). IF YOU NEED ADDITIONAL SPACE FOR ANSWERS TO QUESTIONS IN THIS SECTION, ATTACH A SEPARATE SHEET AND LABEL IT AS APPROPRIATE. i. List the Name, Address and Telephone number of your business: ii. When did you start your business activities? iii. What type of entity is your business? (For example, corporation, partnership, etc.)? iv. What type of business do you engage in? v. Do you sell a product or service? vi. Describe the product or service you provide. vii. What is the amount of your gross receipts (amount before any taxes or other deductions are taken out) $ viii. What is the amount of your business’s annual operating expenses and costs? $ ix. How many employees does your business have? x. Do you have additional people working with your business? (Independent contractors, consultants, etc.) G Yes (if yes, fill out the information below). G No Name, address, telephone number: Total monthly payroll/amount paid: $
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Notice Seeking Public Comment on Proposed UTCR Changes for 2009 25
xi. ATTACH A COPY OF THE MOST RECENTLY FILED STATE AND FEDERAL TAX RETURNS (PERSONAL AND BUSINESS, INCLUDING ALL SCHEDULES) AND MOST RECENT PROFIT AND LOSS STATEMENT. C. Are you UNEMPLOYED? G Yes (if yes, fill out the information below) G No (if no, revisit Paragraphs “2A” and “2B”). If yes, are you retired? G Yes G No i. When did you leave your last job? ii. What type of work have you done in the past? iii. What kind of job skills do you have? iv. Do you receive unemployment compensation? G Yes G No a. If yes, what is your weekly benefit amount? $ b. Start date? a. If yes, how much do you receive? $ b. Start date?
G Yes already received $
Date last payment was received? ; How often? Date last payment was received? from (date) from (date) (source) (source)
v. Do you receive workers’ compensation benefits? G Yes G No.
vi. Have you received, or do you expect to receive, a lump-sum award? on
G Yes expect to receive $
on
G No
D. OTHER Income Received in Past Year. Check all that apply and list the monthly amount received. i. Dividends? G Yes $ G No G Yes $ G No ii. Rental income? G Yes $ G No iii. Pensions? iv. Interest income? G Yes $ G No G Yes $ G No v. Income from inheritance? vi. Trust income? G Yes $ G No G Yes $ G No vii. Return on capital? G Yes $ G No viii. Annuities? G Yes $ G No ix. Benefits from disability insurance? If yes, attach copy of benefit statement. G Yes $ G No x. Gifts? G Yes $ G No xi. Prizes? G Yes $ G No xii. Alimony? xiii. OTHER? (i.e., contract payments, structured settlements, etc.) Describe below. Amount $ Source: Source: Amount $ Source: Amount $ Page 4 – UNIFORM SUPPORT DECLARATION
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Additional detail concerning other income described above, including source and duration.
E. Government Benefits and Monthly Amount. i. Supplemental Security Income (SSI)? G Yes $ G No G Yes $ G No ii. Social Security Disability? G Yes $ G No iii. Social Security Retirement? G Yes $ G No iv. Veteran’s Benefits? G Yes $ G No v. Military Retirement? G Yes $ G No vi. Government Retirement? vii. TANF? G Yes $ G No G Yes $ G No viii. Post-TANF? G No ix. OTHER (i.e., Food Stamps/Oregon Trail Card/WIC, etc.)?G Yes $ IF YES, ATTACH COPY OF AWARD LETTER, BENEFITS STATEMENT, ETC. F. Child(ren)’s Income i. Do(es) your child(ren) receive their own social security or other disability award? G Yes (if yes, provide information below) G No Child’s Name Monthly Amount Due to disability of:
G Child G Parent G Other: G Child G Parent G Other: G Child G Parent G Other:
ii. Do(es) your child(ren) receive their own income from any other sources? G Yes (if yes, provide information below) G No Child’s Name Monthly Amount Source
3. MEDICAL EXPENSES AND HEALTH CARE COVERAGE A. Do you have health care coverage for your joint children? G Yes G No i. If yes, what is the source of the insurance? (such as through your employer, spouse, other): a. b. Insurance Co.: Policy Number: Phone Number: ; Group Number:
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c. d. e. f. g.
Address for submission of claims: Your total monthly premium cost: $ The cost to cover only you: $ Total number of children covered by this policy: Names of children currently covered:
ii. ATTACH PROOF OF INSURANCE PREMIUMS AND OTHER MEDICAL COSTS. iii. If no, does anyone else provide insurance for the joint children or any of them? Who: ; Insurance Company:
B. Are you or any member of your household (more than 50% of the time) a recipient of the Oregon Health Plan or other government health care coverage? G Yes G No i. If yes, Name of plan: a. b. c. d. e. f. Address: Phone Number: Your out-of-pocket cost (if any): $ The cost to cover only you (if any): $ Total number of children covered by this policy: Names of children currently covered: ID #:
ii. ATTACH PROOF OF INSURANCE PREMIUMS AND OTHER MEDICAL COSTS (if any). C. Do you pay any recurring out-of-pocket medical expenses (not covered by insurance) for any of the joint child(ren)? G Yes (if yes, list the name of the child, the nature of the expense, and the amount of the cost per month below) G No (if no, skip to Paragraph “3D”). i. ii. iii. iv. ATTACH PROOF OF RECURRING EXPENSE D. Does anyone share the costs of any recurring medical expenses for the children?
G Yes; if yes, who?
;$ ;$ ;$ ;$
; amount they pay?
$
; G No
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4. PRE-EXISTING SUPPORT OBLIGATIONS A. COURT PROCEEDINGS i. Is there an order or judgment involving you and the other party in this action?
G Yes G No, but there is a pending case other than this action in
(state), (case number)
G No
(county), a. b. c.
If yes, does any court order or judgment require you or anyone to provide health care coverage for any of the joint children in Section “1E”? G Yes G No If yes, does the order/judgment address cash medical support?
G Yes, monthly amount: $
; G Yes, but no monthly amount; G No
ATTACH A COPY OF THE MOST RECENT COURT ORDER OR JUDGMENT FOR CHILD SUPPORT, SPOUSAL SUPPORT AND MEDICAL COVERAGE.
B. WRITTEN PARENTING TIME AGREEMENTS: i. Is there a written parenting time agreement or order?
G Yes (if yes, how many annual overnights is each child with YOU?
; with ) G No
the OTHER PARENT?
ii. ATTACH A COPY OF THE MOST RECENT PARENTING TIME ORDER OR WRITTEN AGREEMENT. iii. If no, is there a verbal agreement, arrangement, or pattern of parenting time? G Yes G No If yes, describe: C. CHILD SUPPORT i. Is there another legal action in any state for child support for any of the joint children?
G Yes; if yes, where is the action? (state, agency, court and case/file No.)
; G No ii. Are you required to pay child support for any other children? G Yes G No If yes, complete the following information: Name: Relationship to you: Name: Relationship to you: Name: Relationship to you: ; year of birth: ; Monthly amount: $ ; year of birth: ; Monthly amount: $ ; year of birth: ; Monthly amount: $
IF THERE IS NOT ENOUGH SPACE ON THE FORM TO LIST ALL CHILDREN, ATTACH AN ADDITIONAL SHEET LABELED “4C – ADDITIONAL CHILDREN.” iii. ATTACH A COPY OF THE MOST RECENT CHILD SUPPORT JUDGMENT. Page 7 – UNIFORM SUPPORT DECLARATION
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D. SPOUSAL SUPPORT/SUPPORT OF REGISTERED DOMESTIC PARTNER (“RDP”) i. Are you obligated to pay spousal or RDP support? G Yes G No If yes, list person’s name to whom support is paid: monthly amount? $ If yes, list the payer’s name: monthly amount? $ iii. ATTACH A COPY OF THE MOST RECENT SPOUSAL SUPPORT JUDGMENT. 5. CHILD CARE COSTS A. ATTACH COPIES OF PROOF OF CHILD CARE COSTS. B. Do you pay for child care for joint children so you can work or look for work? G Yes G No If yes, to whom is it paid? Address: Monthly amount $ C. Is/are the joint child(ren) 12 years old or younger, or disabled and unable to care for himself/herself? G Yes G No D. If answers to both “5B” and “5C” are “yes,” list the names of the children and the amount YOU pay for child care. Name Monthly Amount During SCHOOL YEAR Months Monthly Amount During SUMMER months ;
ii. Has a court ordered someone else to pay spousal or RDP support to YOU? G Yes G No ;
E. Does anyone else share the cost of child care for the joint children? G Yes G No If yes, name: If yes, what is the monthly amount? $ ; Monthly amount $ F. Do you receive any government assistance in paying for child care? G Yes G No
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6. OTHER INFORMATION A. List any important information that you have about the other parent’s income, occupation and/or employer, and any other financial information you want considered:
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 ARE SUBJECT TO PENALTY FOR PERJURY. DATED this day of , 20 .
My (printed) Name Is I am: G PETITIONER G RESPONDENT G CO-PETITIONER G OTHER: SIGNATURE ATTACHMENT CHECKLIST. Check the box and include the appropriate attachment(s). G Four most recent pay stubs G Most recent state and federal tax returns (including all applicable schedules G Profit and Loss statement (if self-employed) G Proof of insurance premiums and other medical costs G Most recent court order or judgment for child support, spousal or RDP support and medical coverage G Copies of benefit award letter/statements G Most recent parenting plan or written agreement G Proof of child care costs G Other(s): CERTIFICATE OF MAILING I hereby certify that I served a copy of this Uniform Support Declaration and all attachments by mailing it first class mail, with postage prepaid on (date) to the following people: 1. Address: 2. Address: (name) (Other Party/Attorney name)
SIGNATURE Page 9 – UNIFORM SUPPORT DECLARATION
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SCHEDULE 1 CHILD SUPPORT REBUTTAL INFORMATION The amount of child support to be paid will be determined under ORS 25.275 and OAR 137-0500330 with the information you provide on this form. The child support amount calculation is presumed to be the correct amount. This presumption may be rebutted by a finding that the amount is unjust or inappropriate based upon the criteria listed below (found in OAR 137-050-0333). YOUR ANSWERS CAN REFLECT INFORMATION REGARDING YOURSELF OR THE OTHER PARENT. YOU SHOULD LIST DOLLAR AMOUNTS WHERE APPLICABLE. If you intend to rebut the level of child support, review the questions below and you MUST provide information in the blanks below. Answer only those questions that apply. • • • • • • • Is there evidence of other resources available to yourself or the other parent? Is there information regarding the reasonable necessities of yourself or the other parent? Is there information regarding the net income of the parent remaining after withholdings required by law or as a condition of employment? Is there information regarding the reasonable necessities of yourself or the other parent? Is there any information regarding you or the other parent’s ability to borrow? Is there any information regarding the number and needs of other dependents or yourself or the other parent? Is there any information regarding the special hardships of yourself or the other parent including, but not limited to, any medical circumstances or extraordinary travel costs related to the exercise of parenting time, if any, of a parent affecting the parent's ability to pay child support? Is there any information regarding the extraordinary or diminished needs of the child(ren)? Is there any information regarding the desirability of the custodial parent remaining in the home as a full-time parent or working less than full-time to fulfill the role of parent and homemaker? Is there any information regarding the tax consequences, if any, to both parents resulting from spousal support awarded, the determination of which parent will name the child as a dependent, child tax credits, or the earned income tax credit received by either parent? Is there any information regarding the financial advantage afforded a parent's household by the income of a spouse or domestic partner? Is there any evidence that a child who is subject to the support order is not living with either parent or is a "child attending school" as defined in ORS 107.108? Is there any information regarding the financial advantage afforded a parent's household by benefits of employment including, but not limited to those provided by a family owned corporation or selfemployment? Is there any information regarding prior findings in a Judgment, Order, Decree or Settlement Agreement that the existing support award was made in consideration of other property, debt or financial awards? Do you have information regarding the tax advantage or adverse tax effect of a party's income or benefits?
• • •
• • •
•
•
Page 1 – SCHEDULE 1
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• •
Is there any information regarding the return of capital? Is there any information regarding prior findings in a Judgment, Order, Decree or Settlement Agreement that the existing support award was made in consideration of other property, debt or financial awards? Is there any information regarding the net income of the parent remaining after payment of financial obligations mutually incurred?
•
COMPLETED BY: My (printed) Name Is: I am: G PETITIONER G RESPONDENT G CO-PETITIONER G OTHER:
Page 2 – SCHEDULE 1
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SCHEDULE 2 SPOUSAL/RDP SUPPORT FACTORS
You must complete this schedule and prepare and submit the attachments requested in this schedule if either party seeks spousal support. These are the total household expenses you must pay each month for yourself only and not for others in your household. Utility bills should be averaged over the year. Any other annual, quarterly or other periodic payments should be converted to a monthly average. DO NOT LIST ANY EXPENSE IF IT IS DEDUCTED FROM YOUR WAGES. 1. FIXED COSTS Description A. RESIDENCE: Mortgage or Rent Second Mortgage Property Taxes (if not included in Mortgage) Other (specify): B. UTILITIES: Electricity Heat (other than electricity) Water Garbage Telephone Cell Phone Internet Cable Other (specify): C. TRANSPORTATION: Car Payments Gas & Oil Maintenance & Repairs Other (specify): D. INSURANCE: Life Automobile Medical/Dental Residence Other (specify): E. FOOD AND HOUSEHOLD ITEMS: F. Clothing Grooming & Personal Needs G Medicine & Pharmaceutical - unreimbursed medical/dental costs Court/DHR-ordered Support Payments for other than H child(ren)/spouse/RDP in this case TOTAL FIXED COSTS (A-H): Monthly Amount
Page 1 – SCHEDULE 2
Notice Seeking Public Comment on Proposed UTCR Changes for 2009 34
2.
CONSUMER OBLIGATIONS: Name of Creditor Balance Due Monthly Payments
A. B. C. D. E. F. TOTAL PAYMENTS ON CONSUMER OBLIGATIONS (A-F): 3. A. B. C. D. E. F. DISCRETIONARY EXPENSES: Description Entertainment Vacations Gifts Religious or Charitable Contributions Dues and Subscriptions Club Memberships & Dues TOTAL DISCRETIONARY COSTS (A-F): ADDITIONAL EXPENSES: Description
Monthly Amount
4. A. B. C. D. E. F.
Monthly Amount
TOTAL ADDITIONAL EXPENSES (A-F): SUMMARY OF EXPENSES: Description Fixed Costs (item 1 above) Consumer Obligations (item 2 above) Discretionary Expenses (item 3 above) Additional Expenses (item 4 above) TOTAL EXPENSES: 5.
Monthly Amount
Page 2 – SCHEDULE 2
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6. OTHER FACTORS: Other factors that affect my income and expenses or that should be considered (attach supporting documentation whenever possible).
COMPLETED BY: My (printed) Name is: I am: G PETITIONER RESPONDENT G CO-PETITIONER G OTHER:
Page 3 – SCHEDULE 2
Notice Seeking Public Comment on Proposed UTCR Changes for 2009 36
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7.
Form 8.010.5 -- Uniform Support Affidavit Revise and update form (short form). ACTION TAKEN Motion 47, to adopt the proposed short form of the Uniform Support Affidavit, failed for lack of a second. By committee convention, the proposal for the short form is treated as preliminarily recommended for disapproval. EXPLANATION Please see the explanation above for item IV.B.6.
Notice Seeking Public Comment on Proposed UTCR Changes for 2009
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Click here to comment on PROPOSED AMENDMENT this form
IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF ________________ ) ) PETITIONER’S NAME, ) ) ) G Petitioner G Co-Petitioner, ) ) And ) ) RESPONDENT’S NAME, ) ) G Respondent G Co-Petitioner. ) ) __________________________________________ ) In the Matter of: Case No. Judge Assigned: Check one box: G PETITIONER’S G RESPONDENT’S G CO-PETITIONER or G OTHER: UNIFORM SUPPORT (SHORT FORM) (Child Support Case) OR CSP Case # DECLARATION
SUMMARY INFORMATION: After completing Sections 1 through 5, on Pages 2 through 4 below, insert the information and/or total MONTHLY amounts in this Summary Information section. 1. Number of Joint Children From This Relationship: 2. Number of Joint Children in School (age 18-20): 3. Number of Joint Children in Child Care: 4. Number of ANNUAL Overnights Child(ren) Is/Are With YOU: 5. Number of Non-Joint Children: 6. Receiving Temporary Assistance for Needy Families: 7. Gross Monthly Income From All Sources: 8. Spousal Support RECEIVED: 9. Spousal Support PAID: 10. Mandatory Union Dues Paid: 11. Social Security or Veterans Benefits Received: 12. Daycare Expenses Paid: 13. Health Care Premiums Paid: 14. Out-of-Pocket Health Care Expenses Paid: ____________ ____________ ____________ ____________ ____________
G Yes G No
$___________ $___________ $___________ $___________ $___________ $___________ $___________ $___________
Page 1 – UNIFORM SUPPORT DECLARATION (SHORT FORM)
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INSTRUCTIONS: This form is a DECLARATION under penalty of perjury required for support determinations. It must be completed in its entirety, signed, filed with the court or appropriate administrative agency, and served upon the other party (or their attorney). If you are seeking spousal support or a deviation (or rebuttal/change) from the uniform child support guidelines, you need to complete the Uniform Support Declaration (Long Form). You can obtain that form from the circuit court or online at ____________. IMPORTANT: This information may be made available to the public and will be disclosed to the other party. 1. PERSONAL INFORMATION. A. Your full name: B. Your current mailing or contact address: C. Home phone number: Cell phone: Your age: and Year of Birth:
D. Should your personal/contact information be kept private? G Yes G No E. List all JOINT-CHILDREN born or adopted during this relationship: Children Living With: Name of Child Age Year of Birth Me Other Parent Other
F. List all people living in your household (i.e any NON-JOINT children or registered domestic partner) (do not list children already listed above in Paragraph “1E”). Name Age Year of Birth Relationship to You Monthly Income
///// ///// ///// /////
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G. List all other biological/adopted children you have: Name Age Year of Birth Relationship to You Monthly Income
2. EMPLOYMENT AND OTHER INCOME/PAYMENTS A. What is the amount of your gross income from wages? (the amount you earn from working before any taxes or other deductions are taken out) $________ per G week G two-weeks G month G twice per month B. Income from any other sources: List source and monthly amount: __________________________________________________________ C. Do you receive Temporary Assistance for Needy Families? G Yes, $________ monthly G No D. Do you receive Social Security or Veteran’s benefits for any joint child?
G Yes, $________ monthly G No
E. Do you receive or pay spousal support from/to your spouse involved in this proceeding G Yes, $________ per month G No F. Do you receive OR pay spousal support from/to someone else? G Yes, $________ monthly G No G. Do you pay mandatory union dues? G Yes, $________ monthly G No H. ATTACH A COPY OF YOUR FOUR MOST RECENT PAY STUB(S), BENEFIT STATEMENTS AND COPIES OF YOUR MOST RECENTLY FILED STATE AND FEDERAL TAX RETURNS. 3. MEDICAL EXPENSES AND HEALTH CARE COVERAGE A. Do YOU provide health care coverage for your joint child(ren)? G Yes G No B. Does SOMEONE ELSE provide health care coverage for your joint children? G Yes G No C. Are you or any member of your household a recipient of the Oregon Health Plan? G Yes G No D. If you answered YES to either “A” or “B” above, what is the source of the insurance? (such as through your employer, spouse, other): i. Insurance Co.: Phone Number: ; Group Number: ii. Policy Number: iii. Address for submission of claims: iv. Your total monthly premium cost: $ ; The cost to cover only you: $
v. ATTACH PROOF OF INSURANCE PREMIUMS. E. Do you pay any recurring out-of-pocket medical expenses (not covered by insurance) for any of the joint child(ren)? G Yes (if yes, list the name of the child, the nature of the expense, and the amount of the cost per month below) G No Page 3 – UNIFORM SUPPORT DECLARATION (SHORT FORM)
Notice Seeking Public Comment on Proposed UTCR Changes for 2009 40
i. ii. iii. iv. F. G. 4.
G Yes; if yes, who?
;$ ;$ ;$ ;$ ; amount they pay? $ ; G No
Does anyone share the costs of any recurring out-of-pocket medical expenses for the children? ATTACH PROOF OF RECURRING EXPENSE(S). PARENTING TIME
A. How many overnights is/are your child/children with YOU? i. Name of Child: __________________________________ # of overnights: _______________ ii. Name of Child: _________________________________ # of overnights: _______________ iii. Name of Child: _________________________________ # of overnights: _______________ iv. Name of Child: _________________________________ # of overnights: _______________ B. ATTACH COPY OF MOST RECENT PARENTING PLAN OR WRITTEN AGREEMENT. 5. CHILD CARE COSTS A. Do you pay for child care for joint children so you can work or look for work? G Yes G No If yes, to whom is it paid? If yes, name: C. ATTACH COPIES OF PROOF OF CHILD CARE COSTS. 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 ARE SUBJECT TO PENALTY FOR PERJURY. DATED this day of , 20 . Monthly amount $ ; Monthly amount $ B. Does anyone else share the cost of child care for the joint children? G Yes G No
My (printed) Name Is I am: G PETITIONER G RESPONDENT G CO-PETITIONER G OTHER: SIGNATURE ATTACHMENT CHECKLIST. Check the box and include the appropriate attachment(s). G Four most recent pay stubs or benefit statements G Most recent state and federal tax returns (including all applicable schedules
Page 4 – UNIFORM SUPPORT DECLARATION (SHORT FORM)
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G Proof of insurance premiums G Proof of recurring medical costs G Most recent parenting plan or written agreement G Proof of child care costs G Other(s):
CERTIFICATE OF MAILING I hereby certify that I served a copy of this Uniform Support Declaration and all attachments by mailing it first class mail, with postage prepaid on (date) to the following people: 1. Address: 2. Address: (name) (Other Party/Attorney name)
SIGNATURE
Page 5 – UNIFORM SUPPORT DECLARATION (SHORT FORM)
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8.
10.050(1) Amend to delete statement that the court need not consider those points and authorities that do not include a reference to the record or a statement of authorities. ACTION TAKEN No motion was made on this proposal. By committee convention, it is treated as preliminarily recommended for disapproval. EXPLANATION This proposal was submitted by Danny Lang, a Sutherlin lawyer, on February 20, 2008. Mr. Lang asserted: the subject sentence is superfluous; a judge does not need to be told that the judge may or may not consider points and authorities; that sentence limits access to justice, especially for self represented parties; and that sentence may intimidate self-represented parties causing them to forgo a petition. The Department of Justice (DOJ), which defends these appeals, made the following arguments. Removing the sentence would eliminate the incentive for a petitioner to submit points and authorities, which would put the respondent in the position of trying to guess the basis for appeal and briefing all potential legal and factual grounds for appeal. There are basic necessities to an appeal. A petitioner needs to describe their argument and the support for the argument. The respondent is entitled to be told the facts on which the petitioner relies. This proposal would be costly for DOJ and inefficient for case management. Under the rule, the judge retains discretion on whether to consider the points and authorities. A petitioner can seek relief under UTCR 1.100 upon a showing of good cause. There is a similar burden on the respondent to support its final order. Respondent must provide the same information if it chooses to file a response. The proposal may have the practical effect of shifting the burden of developing the petitioner’s arguments to the respondent. On occasion, self-represented petitioners have been allowed to present their arguments even when their points and authorities do not comply with the UTCR requirement. PROPOSED AMENDMENT 10.050 PETITIONER'S MEMORANDUM OF POINTS AND AUTHORITIES (1) The petitioner must file a memorandum of points and authorities in support of the challenge to the validity of the final order of the DMV. Points must be concise statements of the arguments supporting the petitioner's challenge to the validity of the final order. Each point must be accompanied by a reference to the page number of the record where the matter is found. Each point must be followed by a citation of authorities for that point. [Points not accompanied by a reference to the record or a statement of authorities need not be considered by the court.] (2) The petitioner's memorandum of points and authorities, including proof of service on the Attorney General at the address shown in the Certificate of Service required under UTCR 10.010, must be filed with the trial court administrator no later than 14 days after the date of settlement of the record.
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C. OTHER ACTIONS
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1.
Chapter 2 Adopt a new rule and forms regarding confidential information in family law proceedings. ACTION TAKEN Motion 41, to send the proposal out for public comment without a position taken by the committee and to postpone further discussion until the next meeting, passed 11-1. EXPLANATION This proposal was originally submitted by BeaLisa Sydlik, Family Law Staff Counsel, Oregon Judicial Department (OJD), on September 16, 2008. An amended proposal was submitted at the committee meeting on October 10, 2008. Staff from the State Family Law Advisory Committee, Department of Justice Oregon Child Support Program (DOJ), and OJD worked on the proposal. The topic of protecting information in child support matters was raised by DOJ at the October 12, 2007, committee meeting. This proposal is an effort to address that issue. Unlike current UTCR 2.100 and 2.110, this proposal is specific to family law cases and would be mandatory. The committee discussed several issues. The current UTCR seem to already offer adequate protection. The fact that it is mandatory needs to be made clearer. Judges will not have access to needed information. A judge with a stack of many judgments to review would have difficulty finding the necessary information to aid the review since the case files, segregated information, and the judgments are seldom, if ever, delivered together. Judgments often arrive ex parte, and a judge would have no means to verify the claims of the submitting party. The proposal would add a new layer of work for judges and court staff. The proposal applies to FAPA cases, which have a more urgent timeline. The proposal expands what is considered protected information (but see ORS 25.020(8)(a) from which the list was taken). It may not be necessary to segregate the names and ages of children, especially if a motion to protect is available. From the discussion, it appears that both DOJ and OJD agree that a child’s name should not be protected and that section (2) should be changed to delete “name of the child.” The committee pointed out that parties may interpret the rule to prohibit disclosure of a child’s age, which could affect custody judgments when a judge cannot verify the age. DOJ agrees with the amended draft of the proposal but feels more drafting may be needed and is concerned about the cost of implementation (related to changing forms and redacting information). The committee was concerned whether there was a true consensus between DOJ and OJD on the proposal. The committee concluded that public comment was important to advance the discussion on the proposal. The committee did not, however, take a position because they did not have adequate time to study the amended proposal, which was first presented at the meeting, and many questions remain to be answered.
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PROPOSED AMENDMENT PROPOSAL FOR NEW UTCR RE: SEGREGATED INFORMATION (Submitted for consideration at the October 10, 2008 UTCR Meeting) UTCR 2.1__: UTCR 2.1__ – Confidential Information Forms (1) This rule establishes the procedure for segregating confidential personal information in proceedings brought under ORS chapters 25, 106, 107, 108, 109, 110 and 416. This rule is not the exclusive means for a court to protect personal information from public inspection in such cases. (2) Confidential Information Form (hereinafter referred to as CIF). As used in this rule, confidential personal information includes the name of a child of a party and the social security number, date of birth, address, employer, and driver’s license number of a party or the child of a party. a. Mandatory Use of the CIF: When the disclosure of confidential personal information is required by statute or rule in a proceeding under ORS chapters 25, 106, 107,108, 109, 110 and 416, a party must file that information with the court in a CIF. b. Amending the CIF: A party must file an amended CIF to submit information that has changed or was not submitted in a previous CIF. c. Form: Except in a proceeding filed under ORS 416.440, the CIF and amended CIF must be in substantially the form of UTCR Form 2.1__.1. In a proceeding filed under ORS 416.440, the CIF must be substantially in the form of UTCR Form 2.1__.2. (3) Segregation. The court must segregate the CIF from documents that are subject to public inspection. Public inspection of a CIF is prohibited except as authorized by this rule or other provision of law. (4) Access and Confidentiality. a. A party may inspect a CIF that was filed by that party. b. Any other party to a proceeding may inspect a CIF unless prohibited under UTCR 2.1__(8). c. Unless otherwise ordered or authorized by law, any person inspecting a CIF is prohibited from further disclosure of the confidential personal information. Violation of this provision may subject a party to contempt of court under ORS 33.015 to 33.155. d. Parties may stipulate to a written order allowing public inspection of a CIF. e. A person other than the party who submitted a CIF may inspect the CIF with a release signed and dated by the party whose information is protected. The release must state the dates during which the release will be effective. f. Except as provided in subsection (8), this rule does not limit a person’s legal right to inspect the CIF. g. Oregon Judicial Department personnel may have access to the CIF when required by their work. h. Courts will share the CIF with the entity primarily responsible for providing support enforcement services under ORS 25.080 and under the requirements of 42 USC 666 without application under subsection (9) of this rule in any case where spousal or child support is ordered. A person receiving information under this section must maintain its confidentiality as required by ORS 25.260(2). i. Courts will share the CIF with other government agencies as required or allowed
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by law, without court order or application under subsection (9) of this rule, for purposes of the business of those agencies. Those agencies are required to maintain the information as confidential as provided under ORS 192.502(10). (5) Notation on Documents. Except as otherwise required by law, when a party provides information in other documents that is contained in a CIF, the party must note on the document that the information has been separately provided under UTCR 2.1__. (6) Mail or Delivery to Other Party. Subject to UTCR 2.1__(8), a party filing an original or amended CIF must serve a copy on all parties to the proceeding. (7) Court Under No Obligation to Review File for Protected Information. This rule does not require the court to review documents in the court’s files to redact information contained in a CIF. (8) Request and Order to Limit Disclosure of CIF to Another Party. a. Except in a proceeding filed under ORS 416.440, a party may request an order ex parte that the CIF not be served on or made available to another party. The request must be in substantially the form set forth in UTCR Form 2.1___.1. If the court grants an order under this subsection, the requesting party must mail or deliver notice that an order has been entered to the other party using UTCR Form 2.1___.3, and file a certificate of mailing or delivery with the court. The court must enter an ex parte order that a CIF not be inspected by another party upon finding that: i. a Finding of Risk and Order for Nondisclosure of Information has been entered by the Administrator of the Oregon Child Support Program under OAR 137-055-1160 for the requesting party, ii. a restraining order or protective order is in effect that protects the requesting party or that party’s children, or iii. the health, safety, or liberty of the requesting party or child would be jeopardized or unreasonably put at risk by disclosure of the CIF to another party. b. In proceedings filed under ORS 416.440, the CIF shall not be served or made available to another party where UTCR Form 2.1___.2 indicates that there has been a Finding of Risk and Order for Nondisclosure of Information entered by the Administrator of the Oregon Child Support Program under OAR 137-055-1160. The protected party must mail or deliver notice that an order of nondisclosure has been entered to the other party using UTCR Form 2.1___.3, and file a certificate of mailing or delivery with the court. (9) Request for Order Permitting Disclosure. Any person may file a request and supporting affidavit requesting inspection of a CIF that has been filed in a proceeding brought under ORS chapters 107, 108, or 109. The request must be served on all parties to the proceeding in the manner required by ORCP 7. The court shall allow the requesting person access to the CIF if the court finds, after notice and an opportunity for a hearing, that the requesting person is legally entitled to inspect the CIF. The court may limit the extent of disclosure and may enter such protective orders as are necessary to balance the personal, privacy, and safety interests of the parties or children with the legal interest of the person seeking access.
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(10) Other Court Orders. a. Nothing in this rule precludes a court from protecting information by appropriate court order. b. Nothing in this rule limits procedures for identifying and protecting contact information of crime victims that is submitted to courts for processing restitution payments when restitution is sought and the information about a crime victim is kept confidential under ORS 18.048(2)(b). c. Nothing in this rule affects procedures for making information confidential under ORS 25.020(8)(d), 109.767(5), 110.375, ORS 192.445, or any other law or rule.
Revised 10/07/08
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF __________
Petitioner,
vs.
Respondent.
) ) , ) ) ) ) ) ) ) ) )
Case No.: ____________________
CONFIDENTIAL INFORMATION FORM (CIF) Amended and Request to Prevent Disclosure
This document is NOT ACCESSIBLE TO THE PUBLIC. However, it IS ACCESSIBLE to the OPPOSING PARTY (and his/her attorney) UNLESS the ORDER on page 2 has been signed by a judge.
ATTENTION COURT STAFF: THIS IS A RESTRICTED ACCESS DOCUMENT.
The information below is for: Name (Last, First, Middle):
Former Name(s) (if applicable): Date of Birth:
Petitioner
Respondent
Other:
Social Security Number/Tax Identification Number: Driver License (Number and State): Telephone or Telephone Contact Number: Residential or Mailing Address if required by law - (NOTE: If you are using a “contact address,” you do not need to provide a residential or mailing address here):
Electronic Mail Address or Contact E-mail Address: Name, Address, and Telephone Number of Employer:
Please provide the following information if there are children involved in the proceeding: 1) Child's Name (Last, First, Middle): Child's Date of Birth: Child's Social Security Number: 2) Child's Name (Last, First, Middle): Child's Date of Birth: Child's Social Security Number:
CONFIDENTIAL INFORMATION FORM – UTCR Form 2.1___.1 Page 1 of 2 (Revised 10/07/08)
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3) Child's Name (Last, First, Middle): Child's Date of Birth: Child's Social Security Number: 4) Child's Name (Last, First, Middle): Child's Date of Birth: Child's Social Security Number: There are more than four children involved in the proceeding and an additional page labeled “Children Involved in the Proceeding” is attached. REQUEST TO PREVENT DISCLOSURE TO OPPOSING PARTY AND THEIR ATTORNEY, IF ANY: (Fill out only if requesting the CIF form be withheld from the opposing party or their attorney) To the Court: I request that this Confidential Information Form (CIF) be segregated from information otherwise available to the opposing party/attorney, and that I not be required to mail or deliver it to the opposing party/attorney, based on the following: A Finding of Risk and Order for Nondisclosure of Information of Information has been made by the Administrator of the Oregon Child Support Program under OAR 137-055-1160, A restraining order or protective order is in effect protecting the petitioner the respondent the children, and/or The health, safety, or liberty of a party or child would be jeopardized or unreasonably put at risk by disclosure of information because:
(Complete for all CIFs – You must sign below even if you are not requesting an order preventing disclosure.) 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 are subject to penalty for perjury. Date:____________________________ Signature: Type or Print Name: (For court use only) ORDER: The request to prevent disclosure is GRANTED. The request to prevent disclosure is DENIED because Other:
DATED this ____ day of ______________, 20______. Circuit Court Judge NOTE TO COURT STAFF: Where this ORDER has been granted and signed by a judge, the CONFIDENTIAL INFORMATION FORM is NOT AVAILABLE to the PUBLIC or to the OPPOSING PARTY OR HIS/HER ATTORNEY, except for the STATE.
CONFIDENTIAL INFORMATION FORM – UTCR Form 2.1___.1 Page 2 of 2 (Revised 10/07/08)
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF
STATE OF OREGON
vs.
Obligee
Petitioner.
Obligor
Respondent. Obligee
) ) ) ) ) ) ) ) ) ) ) )
Child Support No.: Case No.:
CONFIDENTIAL INFORMATION FORM (CIF) Amended Finding of Risk/Order for Nondisclosure
This document is NOT ACCESSIBLE TO THE PUBLIC. However, it IS ACCESSIBLE to the OPPOSING PARTY (and his/her attorney) UNLESS a FINDING OF RISK and ORDER FOR NONDISCLOSURE has been marked on page 2 of this form.
The information below is for: Other: Name (Last, First, Middle):
Former Name(s) (if applicable): Date of Birth:
Petitioner
Obligor
Respondent
Social Security Number/Tax Identification Number: Driver License (Number and State): Telephone or Telephone Contact Number: Residential or Mailing Address if required by law - (NOTE: If you are using a “contact address,” you do not need to provide a residential or mailing address here):
Electronic Mail Address or Contact E-mail Address: Name, Address, and Telephone Number of Employer:
Please provide the following information if there are children involved in the proceeding: 1) Child's Name (Last, First, Middle): Child's Date of Birth: Child's Social Security Number: 2) Child's Name (Last, First, Middle): Child's Date of Birth: Child's Social Security Number:
CONFIDENTIAL INFORMATION FORM – UTCR Form 2.1___.2 Page 1 of 2 (Revised 10/07/08)
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3) Child's Name (Last, First, Middle): Child's Date of Birth: Child's Social Security Number: 4) Child's Name (Last, First, Middle): Child's Date of Birth: Child's Social Security Number: 5) Child's Name (Last, First, Middle): Child's Date of Birth: Child's Social Security Number: There are more than five children involved in the proceeding and an additional page labeled “Children There are more than five children involved in the proceeding and an additional page labeled “Children Involved in the Proceeding” is attached.
(For STATE Use Only)
FINDING OF RISK and ORDER FOR NONDISCLOSURE OF INFORMATION: A FINDING OF RISK and ORDER FOR NONDISCLOSURE OF INFORMATION was entered on , 20 based on OAR 137-055-1160 by the Administrator as defined in ORS 25.010 and disclosure of the information in this form would unreasonably put at risk the health, safety, or liberty of the Obligee Petitioner Obligor Respondent Other: .
Date:____________________________ Signature: Authorized Representative, Oregon Child Support Program
NOTE TO COURT STAFF: Where the box “Notice and Finding (or Order) of Nondisclosure” above has been checked, the CONFIDENTIAL INFORMATION FORM is NOT AVAILABLE TO THE PUBLIC or to the OPPOSING PARTY OR HIS/HER ATTORNEY, except for the STATE.
CONFIDENTIAL INFORMATION FORM – UTCR Form 2.1___.2 Page 2 of 2 (Revised 10/07/08)
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF __________
Petitioner vs.
Obligee,
Respondent STATE OF OREGON TO: Petitioner Respondent his/her attorney of record, if any:
Obligor
) ) , ) ) ) ) ) , ) ) ) Obligor
Case No.: ____________________
NOTICE OF NONDISCLOSURE OF CONFIDENTIAL INFORMATION FORM (CIF) — UTCR FORM 2.1___.3
Obligee
Other:
, and
(Check either Paragraph 1 or 2) 1. On , 20 , the court entered an ex parte order that the Confidential Information Form (CIF) of: Petitioner Obligee Other: Respondent Obligor not be served on or made available to any other party or their attorney, if any, based upon a finding that (check all that apply): a Finding of Risk and Order for Nondisclosure of Information was entered by the Administrator of the Oregon Child Support Program under OAR 137-055-1160, a restraining or protective order was in effect that protected the requesting party or their child/ren from the opposing party, or the health, safety, or liberty of the requesting party or their child/ren would be jeopardized or unreasonably put at risk by disclosure.
2.
On , 20 , the Administrator of the Child Support Program entered a Finding of Risk and Order for Nondisclosure of Information and the Confidential Information Form (CIF) of: Petitioner Obligee Respondent Obligor Other: will not be served on or made available to any other party or their attorney, if any.
CERTIFICATE OF MAILING/DELIVERY: This Notice was mailed attorney (name) at (location/address) delivered to the other party (name) on (date) or their , 20 .
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 are subject to penalty for perjury. Date:____________________________ Signature: Type or Print Name:
NOTICE OF ORDER PREVENTING DISCLOSURE – UTCR Form 2.1___.3 Revised 10/07/08
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2.
2.100 Amend to make consistent with the proposed new rule and forms regarding confidential information in family law proceedings. ACTION TAKEN Motion 42, to send the proposal out for public comment without a position taken by the committee and to postpone further discussion until the next meeting, passed 12-0. EXPLANATION Please see the explanation above for item IV.C.1. PROPOSED AMENDMENT 2.100 PROTECTED PERSONAL INFORMATION, NOT CONTACT INFORMATION, REQUIREMENTS AND PROCEDURES TO SEGREGATE WHEN SUBMITTING (1) Purpose. [This rule establishes:] (a) {This rule establishes} [P]{p}rocedures for a person to identify and segregate protected personal information when submitting a document to a court in a case and to request the information be kept from inspection by the general public. (b) {This rule establishes a} [A] process for a court, when it grants a request under this rule, to protect the segregated, protected personal information from nonprotected information in a uniform way with an appropriate record. {(c) UTCR 2.130 establishes separate procedures and processes for protecting personal information in proceedings brought under ORS chapters 25, 106, 107, 108, 109, 110, and 416.} (2) Information covered. As used in this rule: (a) * * * (b) “Protected personal information” includes, but is not limited to: (i) Social security numbers, credit card numbers, bank or other financial account numbers, bank or other financial account locations, driver license numbers, financial account access numbers, or similar information that is used for financial transactions and can be kept confidential under [ORS 107.840 or] ORS 192.502(2).
.
(ii) * * * ***** (c) * * * *****
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(3) Relationship to other law. The following all apply to this rule: (a) Parties to proceedings under ORS 107.085 or 107.485 must segregate all social security numbers from all documents they submit related to the proceedings in the manner provided by [this rule] {UTCR 2.130}. These social security numbers are confidential in the custody of the court as ORS 107.840 provides. Other than as this paragraph{, UTCR 2.130,} or SLR 2.101 of a court provides, this rule is not the exclusive means for a court to protect personal information from public inspection. (b) * * * ***** (4) Procedure to follow. A person may only request protected personal information be segregated and protected under this rule when submitting it to a court in a case. The procedures under this rule may be used to identify and separately present protected personal information from any submitted document or form that is used to give information to a court. To do so, a person must do the following: (a) * * * (b) Complete an affidavit in substantially the form provided in UTCR Form 2.100.4a. [If the person is requesting segregation of only social security numbers, the person may use the alternative form of affidavit provided in UTCR Form 2.100.4c.] The affidavit: (i) ***
***** (c) Complete an information sheet in substantially the form provided in UTCR Form 2.100.4b to duplicate the protected personal information sought to be segregated and attach the information sheet to the affidavit. [If the person is requesting segregation of only social security numbers, the person may use the alternative information sheet form provided in UTCR Form 2.100.4d.] (d) * * * ***** (5) * * * *****
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3.
2.110 Amend to make consistent with the proposed new rule and forms regarding confidential information in family law proceedings. ACTION TAKEN Motion 42, to send the proposal out for public comment without a position taken by the committee and to postpone further discussion until the next meeting, passed 12-0. EXPLANATION Please see the explanation above for item IV.C.1. PROPOSED AMENDMENT 2.110 PROTECTED PERSONAL INFORMATION, NOT CONTACT INFORMATION, PROCEDURES TO SEGREGATE WHEN INFORMATION ALREADY EXISTS IN A CASE FILE (1) * * * (2) Information Covered. This rule may be followed to segregate and protect the same information already existing in a case file that could be segregated and protected at the time of submission under UTCR 2.100 {and UTCR 2.130}. The definitions in UTCR 2.100 apply to this rule. (3) * * * ***** (7) Parts of UTCR 2.100 {and UTCR 2.130} that apply to this rule. The following subsections of UTCR 2.100 are applicable to this rule: (2), (5), (7), (8), and (9). {The following subsections of UTCR 2.130 are applicable to this rule: (2), (4), (7), and (9).}
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4.
Form 2.100.4c Delete to make consistent with the proposed new rule and forms regarding confidential information in family law proceedings. ACTION TAKEN Motion 42, to send the proposal out for public comment without a position taken by the committee and to postpone further discussion until the next meeting, passed 12-0. EXPLANATION Please see the explanation above for item IV.C.1. PROPOSED AMENDMENT Delete the form in its entirety.
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5.
Form 2.100.4d Delete to make consistent with the proposed new rule and forms regarding confidential information in family law proceedings. ACTION TAKEN Motion 42, to send the proposal out for public comment without a position taken by the committee and to postpone further discussion until the next meeting, passed 12-0. EXPLANATION Please see the explanation above for item IV.C.1. PROPOSED AMENDMENT Delete the form in its entirety.
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6.
Committee to study creation of an ADR chapter ACTION TAKEN Motion 7, to study whether to create an Alternative Dispute Resolution (ADR) chapter combining UTCR 6.200 on settlement conferences, Chapter 12 on mediation, Chapter 13 on mandatory arbitration, and other ADR provisions passed by consensus. Motion 8, to form a workgroup, passed by consensus. EXPLANATION The committee felt that this issue should be explored after they reviewed proposals from Douglas County Circuit Court to create a combined ADR chapter in their SLR. An issue for such SLR is that UTCR 1.080(3) requires numbering of SLR as closely as possible to and in the same chapter as related UTCR. Because of that provision, the committee recommended disapproval of those rules. Chief Justice Paul J. De Muniz considered that recommendation but decided to allow the rules to go forward as a pilot project while the committee studies this issue. For the workgroup, the committee chose committee members Tracey Cordes, Guy Greco, and The Honorable Russell West, as well as Benton County Trial Court Administrator Linda Hukari and an unnamed representative from Douglas County Circuit Court. Since then, Judge West has stepped down from the workgroup and a replacement has not yet been chosen. Trial Court Administrator Jessie Larner has agreed to serve on the workgroup on behalf of Douglas County Circuit Court.
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7.
Committee to consider creating a deadline for submission of agenda items and supporting documents. EXPLANATION Committee member Tracey Cordes asked the committee to consider whether to create a deadline for submission of agenda items and supporting documents. The committee discussed the difficulty they have in evaluating proposals that are submitted at the last minute. The committee asked the UTCR Reporter to provide them with an evaluation of the pros and cons to a deadline and ideas on how to structure it.
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8.
Rules and forms on crime victims’ rights. EXPLANATION The UTCR Reporter briefed the committee on UTCR 4.100, 4.110, 4.120, 4.130, Form 4.120.1, and Form 4.130.1, all adopted out-of-cycle on June 12, 2008, by Chief Justice Order No. 08-032. They establish procedures needed due to amendments to the Oregon Constitution by Ballot Measures 51 and 52 adopted by the people at the May 20, 2008, primary election. They reflect certain concepts that were contained in 2008 HB 3633, which died in committee. A workgroup of stakeholders is working on amendments to these rules and forms that will most likely be adopted out-of-cycle in the near future.
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9.
New chair. EXPLANATION Committee member Mike Pugh was selected to replace chair Russ Lipetzky effective January 1, 2009. Mr. Lipetzky served as chair for three years, and his final term on the committee ends December 31, 2008. His strong leadership, sharp intellect, and good humor will be greatly missed by the committee.
BCM:sh/Proposed UTCR Changes for 2009 12/11/08
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