Glitches in Oregon eService Posted on 10/05/2015

By Oregon Law Practice Management

eService in Oregon can be frustrating or impossible if the other side isnt playing by the rules or

doesnt understand them. Below is a primer on how eService is supposed to work and the problems

practitioners are encountering.

eService Rules

1. When you eFile into a case you are deemed to consent to eService.

UTCR 21.100(1)(a).

2. eService is available for any document unless you are filing a document that requires personal

service or service under ORCP 7. UTCR 21.100(1)(a).

3. At the first instance of eFiling into a case, a filer must enter in the electronic filing system the

name and service email address of the filer, designated as a service contact on behalf of an

identified party in the action.

UTCR 21.100(2)(a).

4. When eServing another party, the filer is responsible for selecting the appropriate service

contacts in the action for the purpose of accomplishing eService. UTCR 21.100(3)(a).

5. If the preceding requirements are met, eService is automatic: When the court accepts an

electronic document for filing under UTCR 21.060(1)(a), the electronic filing system sends an

email to the email address of each person whom the filer selected as a service contact or other

service contact under section (3) of this rule. The email contains a hyperlink to access the

document or documents that have been filed electronically. UTCR 21.100(4).

6. Transmission of the email by the electronic filing system to the selected service contacts in the

action constitutes service. UTCR 21.100(4).

7. Electronic service is complete when the electronic filing system sends the email to the selected

service contacts in the action. UTCR 21.100(5).

When is eService not available?

You wont be able to eServe the opponent if any of the following are true:

The opponent has not eFiled into the case.

You are filing a document that requires service under ORCP 7 or that requires personal

service. For example, a complaint or initiating petition.

The opponent has obtained permission from the court to file conventionally. (If the opponent

is not an eFiler, she cannot be eServed.)

Your opponent is a pro se who is not registered in the eFiling system. (If the oppponent is not

an eFiler, he cannot be eServed.)

Your opponent eFiled into the case, but failed to enter a designated service contact into the

system as required by UTCR 21.100(2)(a).

What if Opposing Counsel Doesnt Know or Wont Follow the Rules?

When opposing counsel eFiles into a case, but fails to enter a designated service contact, there isnt

much you can do about it directly. For example, you might jump to the conclusion that you can

do this step for the other side. Unfortunately you cant. You can select someone to serve, but you

cannot add someone as a service contact. Filers have to add themselves, and we are stuck with this

consequence. This begs the question: when someone doesnt comply with UTCR 21.100(2)(a), what

should you do? Here are my thoughts:

Verify the availability of service contacts early on. When the other side first appears or when

you are served, login to the system and see if opposing counsel is available for you to select as

a service contact. This information may not be visible unless you are actually eFiling a

document into the case, so dont wait until you are up against a filing deadline to find

out. This leads to my next suggestion.

Give yourself extra time. If you arent sure whether the other side has entered a service

contact, assume you will have to serve conventionally and plan accordingly.

If you see that opposing counsel has failed to enter a service contact, pick up the phone. Refer

opposing counsel to UTCR 21.100(2)(a) and ask him to take care of the oversight.

Create a calendar reminder to follow-up in three to five days (or sooner, if necessary). Login

in to the system and check again. If the other side still has not added a service contact, take

a screenshot to document that no contact is present, and send a follow-up email to opposing

counsel with the screenshot attached. Reference your earlier call. [If youre a Mac user, see

these instructions for taking screenshots.]

If youve done all the above and the other side has not complied, it may be time for court

intervention such as moving the court for an order to compel the other side to follow the

rule. Attach a supporting affidavit documenting your efforts (calling, emailing opposing

counsel). Your screenshot can be added as an exhibit. Refer the court to UTCR 21.100(2)(a)

and quote the rule.

If the other side is ordered by the court to add itself as a service contact and fails to do

so, asking for sanctions may be the next step.

While all this is going on, dont forget you still have to serve the other side. Proceed with

conventional service until eService becomes available.

All Rights Reserved [2015] Beverly Michaelis