Effective June 1, 2006

LR 77 DISTRICT COURTS AND CLERKS (See Fed. R. Civ. P. 77)

LR 77.1 District Court Clerk’s Office (See Fed. R. Civ. P. 77(a))

LR 77.2 Bankruptcy Court Clerk’s Office (See LBR 5001-2)

LR 77.3 After Hours Filings (See Fed. R. Civ. P. 77(a))

(a) Statute of Limitations and Other Provisional Process Issues

When it is necessary to file the above time sensitive matters after normal business hours, the filing party must notify the resident clerk’s office during normal business hours of the anticipated requirements. Once notified, the clerk’s office will make arrangements to receive, file, and process these time sensitive materials.

(b) Late Filings of Materials Relating to Court Imposed Deadlines

Unless otherwise directed by the Court, the clerk’s office will not remain after normal business hours to receive a party’s late filing of a motion, response, or other non-statute of limitations related documents.

(c) After Hours Depository

The Portland clerk’s office maintains an after hours filing depository that is available to the public during the hours that the buildings are open. Negotiable instruments and cash must not be left in this depository.

LR 77.4 Custody and Withdrawal of Court Records

(a) Custody

All files and records of the court must remain in the custody of the clerk.

(b) Withdrawal

Nothing belonging in the files of the court will be withdrawn from the custody of the clerk without a Court order and a signed receipt that specifies the matter withdrawn.

LR 77.5 Clerk’s Authority to Grant Orders (See Fed. R. Civ. P. 77(c))

In addition to the authority granted by Fed. R. Civ. P. 77(c), the clerk is authorized to sign and enter the following orders without further direction of the Court.

(a) Order on consent noting satisfaction of a judgment providing for the payment of money.

(b) Orders of dismissal pursuant to Fed. R. Civ. P. 41(a)(1), LR 41.1 or LR 47.1.

LR 77.6 Substituting a Copy of an Exhibit or Transcript

Subject to the approval of the parties, the Court may allow the substitution of a copy of an original exhibit or transcript.

LR 77.7 Custody of Exhibits

(a) During Court Proceedings

Unless otherwise directed by the Court, exhibits offered or received in evidence will be maintained by the clerk during the hours in which the court is in session.

(b) At the Close of Daily Proceedings

(1) Sensitive Exhibits: At the conclusion of the daily proceedings, the Court will generally order that sensitive exhibits be returned to the offering counsel, who will be responsible for maintaining custody and the integrity of the exhibits until the next session of court, when they will be returned to the clerk.

(2) Non-Sensitive Exhibits: Generally, the clerk will maintain custody of non-sensitive exhibits until the conclusion of the proceedings.

LR 77.8 Return and Disposition of Exhibits

(a) Return of Exhibits

(1) Clerk’s Responsibility: Unless otherwise ordered by the Court, at the conclusion of the hearing or trial, offering counsel will be notified to withdraw any exhibit not attached to a filed document.

(2) Counsel’s Responsibility: Counsel are responsible for:

(A) Safely maintaining all exhibits and other returned materials during the time permitted for filing an appeal — and thereafter during the pendency of any appeal, should one be taken; and

(B) Granting all reasonable requests of other parties, or the court reporter, to examine any or all returned exhibits or other materials for use in preparation of the record on appeal or for other purposes; and if requested by the Court or the clerk, counsel will promptly return such items to the Clerk's Office.

(b) Disposition of Unclaimed Exhibits:

Unless otherwise ordered by the Court, exhibits not withdrawn within sixty (60) days after notice, may be destroyed or otherwise disposed of by the clerk.