Electronic Transmissions Rule Change Effective August 30, 2010

Effective August 30, 2010, the Oregon Supreme Court and Court of Appeals announce the implementation of new electronic transmissions processes for case records on appeal, as follows:

     Trial Court Files/Exhibits (electronic transmission preferred, but not required):  For any appeal in which the Appellate Court Records Section sends the request for record on or after August 30, 2010, the Trial Court Administrator is encouraged (but not required) to transmit files and exhibits electronically to the Records Section, instead of delivering the paper record.  Electronic transmission of the case file will require the trial court to scan both the file and case register, and then upload the file to a shared, internal electronic environment, for retrieval by the Records Section and use by the appellate courts.   Electronic transmission of any exhibits designated as part of the record on appeal will involve either the trial court scanning exhibits returned by the lawyers, or arranging with the lawyers to electronically submit the exhibits in portable document format (pdf) to the trial court; in either case, the trial court then will upload to the shared, internal electronic environment in a similar manner as the trial court file.  Trial courts may submit a file electronically, but not the exhibits (or vice versa); however, exhibits must be submitted either entirely in electronic form or entirely in non-electronic form.  Confidential or sealed documents will be saved as a separate file.  Oregon Rules of Appellate Procedure related to the transmission of the file and exhibits that conflict with the electronic submissions process will be waived for purposes of electronic transmission.

     Transcripts (electronic transmission required):  For any case in which the notice of appeal is filed on or after August 30, 2010, the transcriber will deliver a paper copy of the transcript (or a compact disk version, at the recipient’s option) to the lawyers of record, and to self-represented parties, and provide proof of service to the trial court; however, the transcriber will no longer file a paper copy with the trial court.  Once the transcript has settled, the Appellate Court Records Section will notify that the transcriber that the settled transcript should be transmitted to the Records Section.  The transcript then will be submitted to the Records Section as a pdf file, on compact disk, and the Records Section will upload the pdf file to the courts’ shared, internal electronic environment.  Oregon Rules of Appellate Procedure relating to preparation and submission of transcripts will be temporarily amended as part of this new process. 

     Public Access:  A public terminal will be set up in the Appellate Court Records Section to permit the public to view electronic transcripts and trial court files/exhibits, except confidential documents and documents in confidential cases.  Arrangements will be made for lawyers of record to review confidential materials.

     Additional Information:  A Chief Justice/Chief Judge Order is to be entered as to each of the new processes, both effective August 30, 2010.  Once entered, the orders or a link to them will be available on the website for the Appellate Court Records Section, http://courts.oregon.gov/OJD/OSCA/acs/records/index.page.  Separate protocol documents for trial courts and transcribers also will be available on the website.  Questions should be directed to the Appellate Court Records Section, Supreme Court Building, 1163 State Street, Salem, OR  97301-2563, (503) 986-5555.

     The Oregon appellate courts are pleased to announce the new processes and anticipate that, once in place, they will result in notable cost savings and efficiency within the Oregon Judicial Department, as well as provide an efficiency benefit to transcribers and lawyers of record in cases on appeal.
As of this writing, Chief Justice/Judge Orders regarding the  new processes are scheduled to become effective on August 30, 2010.