Oregon Civil Litigation Manual Supplement

Transcription

1 Oregon Civil Litigation Manual 2009 Supplement

2 Contents 1 Oregon State Courts: Practice and Rules 2 Timetable for Litigation Matters 3 Litigation Checklist 4 Client Interviewing and Counseling 5 Case Investigation 6 Litigation Technology 7 Pleadings and Parties 8 Summons 9 Removal from State to Federal Court 10 Pretrial Motions 11 Summary Judgment 12 Stipulations and Orders 13 Temporary Restraining Orders and Preliminary Injunctions 14 Tender of Defense 15 Negotiation and Settlement 16 Discovery 17 Depositions 18 Requests for Production; Inspection; Physical and Mental Examinations 19 Requests for Admission 20 Subpoenas 21 Jury Selection: Voir Dire 22 Trial Notebooks 23 Trial Memoranda 24 Trial Motions 25 Jury Instructions 26 Verdicts and Findings 27 Costs and Disbursements 28 Attorney Fees 29 Judgments 30 Collection of Judgments; Provisional Process 31 Posttrial Matters 32 Appeals 33 Bonds and Undertakings

3 The foundation you need for effective civil trial practice in Oregon s state courts has been updated. The 2009 supplement highlights include: n Various aspects of the Oregon ecourt Program, including e-filing n Analysis of the judgment statute updates made during recent legislative sessions n Postverdict review of punitive damages awards n Updated list of Oregon attorney fee provisions n Rehabilitation of jurors who are challenged for cause n Standard of review for a court s decision to grant an independent medical exam n Current protocols for discovery of electronic evidence n And more Oregon Civil Litigation Manual will guide you all the way from the initial client interview to the appeals process. Order your copy today. Editors Kenneth P. ( Kip ) Childs, B.A., Colgate University (1978); J.D., University of Wisconsin, Madison (1983); member of the Oregon State Bar since 1983; of counsel, Stoel Rives LLP, Portland. Charles F. Adams, B.S., Oregon State University (1969); J.D., University of California, Berkeley (1974); member of the Oregon State Bar since 1975; partner, Stoel Rives LLP, Portland. A special thanks... It is only through the efforts of dedicated authors like these that we are able to publish legal publications: Alycia Sykora, Amy Edwards, Amy R. Alpern, Brian J. MacRitchie, Brian R. Talcott, Charles F. Adams, Christopher J. Manfredi, Christopher L. Parnell, Colleen O Shea Clarke, David B. Markowitz, David J. Elkanich, David Rees, Dayna E. Underhill, Donald H. Pyle, Elizabeth Semler, J. Matthew Donohue, Jason M. Pistacchio, Jeff Brecht, Jennifer L. Coughlin, John R. Barhoum, Katherine R. Heekin, Keith M. Garza, Hon. Kristena A. LaMar, Leslie S. Johnson, Mark B. Comstock, Martin E. Hansen, Michael ( Sam ) Sandmire, Michael Lewton, Neil N. Olsen, Nicholas L. Dazer, Paul A. C. Berg, Paul B. Heatherman, Richard B. Thierolf Jr., Richard Thank J. Vangelisti, Robert Kellogg, Sara Tait, Stephen P. Armitage, you Susan K. Eggum, Hon. Susie L. Norby, Tara J. Schleicher, Thomas C. Sand, Thomas Doyle, Timothy W. Grabe, and William T. Patton

4 Other Books for Your Library: Oregon Uniform Civil Jury Instructions Don t be caught using an outdated instruction with the 2008 supplement, the UCJI Committee has created nine new instructions, revised nine instructions, and withdrawn four inaccurate instructions. A brand-new Users Guide is also included supplement with forms on CD [555.08KS] $70... $ vol. with supplements and forms on CD [555.KT] $ $ Fee Agreement Compendium Learn how to use fee agreements to protect yourself from malpractice claims, set up trust accounts to hold your clients payment appropriately, communicate the agreement clearly and effectively, avoid the common traps that lead to fee disputes, and more. All 44 forms on the forms on CD are written in plain language to make them understandable to your client vol. softbound with forms on CD [488.KB] $95... $ Oregon Civil Pleading and Practice This ultimate resource on pleading and practice includes: production and subpoena of health records since passage of HIPAA, Oregon s sufficiency-ofservice rules for serving a summons, ORCP 21 motions used to attack pleadings, analysis of code pleading versus notice pleading, instances when a tribal court has jurisdiction; and applicability of the 2005 Class Action Fairness Act vols. without binders (with forms on CD) [435.KB] $ $ vols. with binders and forms on CD [435.KT] $ $ Subtotal: $ License Agreement for Forms on CD: Some of these products include forms on CD or disk licensed to one attorney user. Additional licenses are $20 and $45 for the Jury Instructions books. If you would like to review the license agreement before purchasing additional licenses, please contact the Legal Publications department at or visit our Web site at www. osbar.org/_docs/legalpubs/licenseagreement.pdf. BarBooks subscribers do not need to purchase additional licenses. Return Policy: Returns with receipt (packing list) are accepted within 45 days from the shipping date. Defective products will be replaced. Full refund for books with no visible marks, creases, etc., and in salable condition. Full refund for unopened CDs and audio and video products. Please send to OSB, Attention: Returns, SW Upper Boones Ferry Road, P.O. Box , Tigard, Oregon Questions? Call ; toll-free in Oregon , ext. 413.

5 Order Form Oregon Civil Litigation Manual Name Bar # Firm Name Phone Shipping Address (No P.O. Box) City State Zip Code vols. with 2009 supplement [430.KT] $ $ Early-bird price (by June 5, 2009) $ $ 2009 supplement [430.09KS] $ $ Book with Forms on CD Early-bird price (by June 5, 2009) $ $ Additional Licenses for Forms on CD 2009 forms on CD additional user license [417510F.CW] $ $ Payment Options: Subtotal from other side: $ Subtotal: $ Subtract 40% if you re a BarBooks subscriber: $ Subtotal: $ Shipping & handling fee: $ 7.00 TOTAL ORDER: $ WB Check enclosed: payable to Oregon State Bar Please bill: Customer No. Credit card (VISA & MasterCard Only) All the information below is required when paying by credit card. Credit card number Expiration date Name on Credit Card (Please Print) Credit Card Billing Address City State Zip Code Authorized Signature Four Ways to Order: 1. Online: Order online with a credit card at our secure bookstore at Note: BarBooks discount not available online. 2. Mail: Mail order with payment to: Oregon State Bar Service Desk, SW Upper Boones Ferry Road, P.O. Box , Tigard, Oregon Fax: Fax this page, including credit card information, to the Service Desk at To avoid duplicate orders, do NOT mail a copy. 4. Phone: Call the Service Desk at , or toll-free in Oregon at , ext Please allow two weeks for normal delivery for all order methods Oregon State Bar