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CJO 2026-021 — Adoption of Amendments to the Uniform Trial Court Rules — physical PDF page 98
CJO 2026-021 — Adoption of Amendments to the Uniform Trial Court Rules · physical PDF page 98 · 2026
A-40 3. 5.140—OREGON DISCOVERY IN FOREIGN PROCEEDINGS Changed references from “member” to “attorney licensee.” See related items D.1 and D.4–D.5. ACTION TAKEN Amendment of the rule was preliminarily recommended by consensus at the UTCR Committee’s fall meeting on October 24, 2025. The rule was then amended out of cycle by Chief Justice Order (CJO) 25-051, effective January 1, 2026. EXPLANATION See also the background explanation for related item D.1. The amendment to UTCR 5.140(2) changed “member” to “attorney licensee” to conform to SB 166 and to clarify that the rule applies to persons admitted to practice law in Oregon as an attorney; the rule does not apply to licensed paralegals. At the fall 2025 meeting, the committee recommended that the change be made out of cycle to align with the January 1, 2026, effective date of SB 166. AMENDMENT 5.140 OREGON DISCOVERY IN FOREIGN PROCEEDINGS (1) * * * (2) To obtain discovery in the state of Oregon for a proceeding pending in a foreign juris…
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Captured 2026-10-18T22:31:09.969140+00:00 · Chief Justice amendment order effective 2026-08-01; original amendment document, not consolidated rule text Only approved-change pages1-25 and out-of-cycle amendment pages94-101 are indexed. Disapproved proposals, deferred recommendations and administrative actions on pages26-93 and102-105 remain source context only. This packet is not consolidated rule text; dates differ by provision.
Publisher order or amendment document. Deleted/added wording and operative scope must be read in the original; do not treat every extracted sentence as an active rule.
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SHA-256 4d3584770d44af58f80c4ebf07da611b26a865195202c369dba2f465261fb0a5
Publisher URL: https://www.courts.oregon.gov/rules/UTCR/CJO_2026-021.pdf
CJO 2026-021 — Adoption of Amendments to the Uniform Trial Court Rules — physical PDF page 8
CJO 2026-021 — Adoption of Amendments to the Uniform Trial Court Rules · physical PDF page 8 · 2026
A-7 41. 26.160—PRIVILEGE AGAINST DISCLOSURE FOR COLLABORATIVE LAW COMMUNICATION; ADMISSIBILITY; DISCOVERY Adopt a new rule regarding the application of privilege in a collaborative law proceeding. See related items B.25–B.40 and B.42–B.44. 42. 26.170— WAIVER AND PRECLUSION OF PRIVILEGE Adopt a new rule regarding waiver and preclusion of waiver during a collaborative law proceeding. See related items B.25–B.41 and B.43–B.44. 43. 26.180—LIMITS OF PRIVILEGE Adopt a new rule regarding the limits of privilege for collaborative law communications. See related items B.25–B.42 and B.44. 44. 26.190—AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE Adopt a new rule regarding authority of a tribunal in cases of noncompliance. See related items B.25–B.43. C. DEFERRED RECOMMENDATIONS The UTCR Committee did not issue a recommendation with regard to the following related proposals to amend UTCR chapter 12—Mediation. See section IV.C for a detailed explanation. 1. 12.010—APPLICABILITY Modify the rule lan…
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Captured 2026-10-18T22:31:09.969140+00:00 · Chief Justice amendment order effective 2026-08-01; original amendment document, not consolidated rule text Only approved-change pages1-25 and out-of-cycle amendment pages94-101 are indexed. Disapproved proposals, deferred recommendations and administrative actions on pages26-93 and102-105 remain source context only. This packet is not consolidated rule text; dates differ by provision.
Publisher order or amendment document. Deleted/added wording and operative scope must be read in the original; do not treat every extracted sentence as an active rule.
Source provenance
machine_extracted_unreviewed
SHA-256 4d3584770d44af58f80c4ebf07da611b26a865195202c369dba2f465261fb0a5
Publisher URL: https://www.courts.oregon.gov/rules/UTCR/CJO_2026-021.pdf
CJO 2026-021 — Adoption of Amendments to the Uniform Trial Court Rules — physical PDF page 10
CJO 2026-021 — Adoption of Amendments to the Uniform Trial Court Rules · physical PDF page 10 · 2026
A-9 D. OUT-OF-CYCLE AMENDMENTS 1. 3.170—ASSOCIATION OF OUT -OF-STATE COUNSEL (PRO HAC VICE) Changed references from “member” to “licensee” to align with new legislation. See related items D.3–D.5. 2. 3.170—ASSOCIATION OF OUT -OF-STATE COUNSEL (PRO HAC VICE) Amended to increase the pro hac vice application fee. 3. 5.140—OREGON DISCOVERY IN FOREIGN PROCEEDINGS Changed references from “member” to “attorney licensee” to align with new legislation. See related items D.1 and D.4–D.5. 4. 13.090—ARBITRATORS Changed references from “member” to “attorney licensee” to align with new legislation. See related items D.1, D.3, and D.5. 5. 21.140—MANDATORY ELECTRONIC FILING Changed references from “member” to “licensee” to align with new legislation. See related items D.1 and D.3–D.4. E. OTHER ACTIONS 1. Committee Membership The committee received an update on membership. 2. Committee Chair Selection The committee elected a new chair. 3. Fall 2026 Meeting The fall meeting is scheduled for October 22, …
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Captured 2026-10-18T22:31:09.969140+00:00 · Chief Justice amendment order effective 2026-08-01; original amendment document, not consolidated rule text Only approved-change pages1-25 and out-of-cycle amendment pages94-101 are indexed. Disapproved proposals, deferred recommendations and administrative actions on pages26-93 and102-105 remain source context only. This packet is not consolidated rule text; dates differ by provision.
Publisher order or amendment document. Deleted/added wording and operative scope must be read in the original; do not treat every extracted sentence as an active rule.
Source provenance
machine_extracted_unreviewed
SHA-256 4d3584770d44af58f80c4ebf07da611b26a865195202c369dba2f465261fb0a5
Publisher URL: https://www.courts.oregon.gov/rules/UTCR/CJO_2026-021.pdf