UTCR 21.090: Mandatory Arbitration Filing Requirements
Understand the procedural requirements of UTCR 21.090 for filing a civil case into Oregon's mandatory court-annexed arbitration system.
Uniform Trial Court Rule (UTCR) 21.090 is a rule that governs requirements for electronic signatures on documents filed in Oregon trial courts. It does not, however, establish the framework for which documents must be filed to initiate mandatory arbitration. The rules for mandatory arbitration are found primarily in Oregon Revised Statutes (ORS) Chapter 36 and UTCR Chapter 13.
The purpose of these collective rules is to ensure that the court and all participating parties follow a consistent and predictable process, allowing the arbitration to commence efficiently. By mandating specific procedures, the rules reduce confusion and potential delays caused by improper filings.
Cases Subject to and Designated for Arbitration
The requirement for a case to enter mandatory arbitration is triggered when a civil action is filed, with the determination based on the monetary amount in controversy. Civil actions where the only relief claimed is money or damages, and where no party asserts a claim for more than $50,000, are automatically referred to the court’s arbitration program.
The designation happens automatically through the initial pleadings, and there is not a separate arbitration form to file. The plaintiff’s complaint serves as the primary document, and the plaintiff must state in the title of the complaint whether the case is subject to mandatory arbitration.
Certain types of cases are exempt from mandatory arbitration, regardless of the amount claimed. These include disputes involving title to real estate, family law matters, and appeals from lower courts. A party indicates that a case is not subject to mandatory arbitration by including the statement “CLAIM NOT SUBJECT TO MANDATORY ARBITRATION” in the caption of their initial filing.
Filing and Service Procedures
Once the complaint and other initial documents are prepared, the next step is the formal filing with the court. For attorneys, electronic filing through the Oregon eCourt Filing (OECF) system is mandatory. Unrepresented parties may also use the OECF system or may be permitted to file paper documents conventionally at the courthouse. The filer must ensure the document is submitted as a single, unified PDF.
After successfully filing the documents with the court, the filing party has a legal obligation to serve copies on all other parties in the case. Electronic service through the OECF system is the standard method. The system sends an email notification with a link to the filed documents to the registered service contacts for each party, and this electronic transmission constitutes formal service.
Consequences of Non-Compliance
Failure to adhere to the filing and service requirements outlined in the Uniform Trial Court Rules can lead to negative consequences. Courts are granted the authority to impose a range of sanctions to enforce the rules and maintain the integrity of the mandatory arbitration process.
If a party fails to file or serve documents correctly, the court may take several actions. One possible sanction is the striking of the party’s pleadings, which could effectively remove their claims or defenses from consideration. The court might also order the non-compliant party to pay the attorney fees and costs incurred by the other parties as a result of the failure to comply. The court could also issue an order of default against the offending party, leading to an automatic judgment in favor of the opposing side.