Fundamentals of Oregon Civil Trial Procedure Cosponsored by the Litigation Section Thursday, September 26, 2019 8:30 a.m.–4 p.m. Friday, September 27, 2019 8:30 a.m.–12:15 p.m. 9 Oregon Practice and Procedure credits FUNDAMENTALS OF OREGON CIVIL TRIAL PROCEDURE SECTION PLANNERS Kimberly Stuart, Chair, Washington County Counsel, Hillsboro Ben Eder, Thuemmel Uhle & Eder, Portland Scott Lucas, Johnson Johnson Lucas & Middleton PC, Eugene Lucas Reese, Garrett Hemann Robertson PC, Salem Renée Rothauge, Markowitz Herbold PC, Portland Xin Xu, Xin Xu Law Group, Lake Oswego OREGON STATE BAR LITIGATION SECTION EXECUTIVE COMMITTEE Kimberly Anne SY Stuart, Chair Jeanne F. Loftis, Chair-Elect Scott C. Lucas, Past Chair Ben Eder, Treasurer Lindsey H. Hughes, Secretary John R. Bachofner The Honorable Matthew Donohue Gilion C. Dumas David J. Linthorst The Honorable Josephine H. Mooney Lucas W. Reese Renée E. Rothauge Jennifer S. Wagner Kate Anne Wilkinson Xin Xu The materials and forms in this manual are published by the Oregon State Bar exclusively for the use of attorneys. Neither the Oregon State Bar nor the contributors make either express or implied warranties in regard to the use of the materials and/or forms. Each attorney must depend on his or her own knowledge of the law and expertise in the use or modification of these materials. Copyright © 2019 OREGON STATE BAR 16037 SW Upper Boones Ferry Road P.O. Box 231935 Tigard, OR 97281-1935 Fundamentals of Oregon Civil Trial Procedure ii TABLE OF CONTENTS Schedule. v Faculty. .vii 1. Presentation Slides: The Art of Drafting Complaints and Answers . .1–i — Steve Larson, Stoll Berne PC, Portland, Oregon 2. Presentation Slides: Mastering the Discovery Basics . 2–i — Courtney Angeli, Buchanan Angeli Altschul Sullivan LLP, Portland, Oregon 3. Presentation Slides: The Art and Science of Depositions . 3–i — David Eder, Thuemmel Uhle and Eder, Portland, Oregon — Joel Sturm, Thuemmel Uhle and Eder, Portland, Oregon 4. Presentation Slides: Oregon State Court E-Filing: Tips and Traps . .4–i — Kimberly Anne Stuart, Washington County Counsel, Hillsboro, Oregon 5. Presentation Slides: Mastering Key Pretrial Motions . 5–i — Nathan Morales, Perkins Coie LLP, Portland, Oregon 6. Documenting Settlement Agreements: Best (and Worst) Practices . .6–i — Stanton Gallegos, Markowitz Herbold PCm Portland, Oregon — Adam Starr, Markowitz Herbold PC, Portland, Oregon 7. Presentation Slides: How to Prepare for and Present a Powerful Closing Argument. 7–i — Gretchen Mandekor, Rosenbaum Law Group PC, Portland, Oregon 8. Show Me the Money—Obtaining and Collecting Your Client’s Judgment . 8–i — John Bachofner, Jordan Ramis PC, Vancouver, Washington 9. Anatomy of a Trial . .9–i — Dennis Rawlinson, Miller Nash Graham & Dunn LLP, Portland, Oregon 10. Appearing in Court: Survive and Thrive!. .10–i — The Honorable Channing Bennett, Marion County Circuit Court, Salem, Oregon 11. Protecting Your Appeal . 11–i — The Honorable Lynn Nakamoto, Oregon Supreme Court, Salem, Oregon — The Honorable Adrienne Nelson, Oregon Supreme Court, Salem, Oregon Fundamentals of Oregon Civil Trial Procedure iii Fundamentals of Oregon Civil Trial Procedure iv SCHEDULE Thursday, September 26 7:30 Registration 8:30 The Art of Drafting Complaints and Answers F Framing your client’s case F Stating a claim for relief or affirmative defense F Where to file and why Steve Larson, Stoll Berne PC, Portland 9:00 Mastering the Discovery Basics F Discovery requests F Subpoenas F Other general discovery provisions Courtney Angeli, Buchanan Angeli Altschul Sullivan LLP, Portland 10:00 Break 10:15 Tips for Taking and Defending a Deposition F How to prepare a client for deposition F Tips on what questions to ask, how to ask them, and how to set up effective impeachment F How to deal with difficult opposing counsel David Eder, Thuemmel Uhle and Eder, Portland Joel Sturm, Thuemmel Uhle and Eder, Portland 11:00 E-Filing: Top Ten Tips F You’ve been rejected! Now what? F Relation back of rejected filings F Need help—“who ya gonna call?” Kimberly Anne Stuart, Washington County Counsel, Hillsboro 11:30 Lunch 12:30 Mastering Key Pretrial Motions F Motions to dismiss F Discovery disputes F Motions for summary judgment Nathan Morales, Perkins Coie LLP, Portland 1:30 Documenting Settlement Agreements: Best (and Worst) Practices F Essential parts of settlement F Standard forms F Settlement judge compared to a mediator Stanton Gallegos, Markowitz Herbold PC, Portland Adam Starr, Markowitz Herbold PC, Portland 2:15 Break Fundamentals of Oregon Civil Trial Procedure v SCHEDULE (Continued) 2:30 Closing Argument Gretchen Mandekor, Rosenbaum Law Group PC, Portland 3:15 Show Me the Money—Obtaining and Collecting Your Client’s Judgment F Obtaining a proper judgment or confirming an arbitration award F How to use creditor rights to locate and collect assets to satisfy your client’s judgment John Bachofner, Jordan Ramis PC, Vancouver 4:00 Adjourn Friday, September 27 8:30 Late Registration 9:00 Anatomy of a Trial F How to develop a trial theme F The most powerful way to conduct an opening statement F The real purpose of closing argument F Why less is more . when it comes to trial Dennis Rawlinson, Miller Nash Graham & Dunn LLP, Portland 10:30 Break 10:45 Appearing in Court: Survive and Thrive! F Interactions with court staff, counsel, litigants, and others F How to prepare for coming to court F What to do when you are before the court The Honorable Channing Bennett, Marion County Circuit Court, Salem 11:30 Protecting Your Appeal F Trial judge perspective on preservation of error F Helpful tips that new practitioners should know about preparing for appeal at the trial level The Honorable Lynn Nakamoto, Oregon Supreme Court, Salem The Honorable Adrienne Nelson, Oregon Supreme Court, Salem 12:15 Adjourn Fundamentals of Oregon Civil Trial Procedure vi FACULTY Courtney Angeli, Buchanan Angeli Altschul Sullivan LLP, Portland. Ms. Angeli has extensive experience litigating employment cases and providing comprehensive employment law counseling and training to employers. She is past president of the Federal Bar Association Oregon Chapter. Ms. Angeli is a regular speaker and writer on employment law issues and has made numerous joint presentations with federal judges for the Federal Bar Association. She is regularly quoted in the press for her opinion on employment law matters. She has received the Senior Professional in Human Resources (SPHR) certification from the Human Resources Certification Institute (HRCI). John Bachofner, Jordan Ramis PC, Vancouver. Mr. Bachofner’s practice focuses on litigation and jury trials, as well as insurance coverage, product liability, general business, bankruptcy, and creditors’ rights issues. He is the chair of Jordan Ramis PC’s Litigation Group, past chair of the Oregon State Bar Litigation Section, and an elected member of the OSB Board of Governors. He has taken or defended hundreds of depositions, and he is frequently involved as an expert or arbitrator in binding arbitration of matters. Mr. Bachofner is a frequent lecturer on creditor’s rights, insurance coverage, business, and litigation topics. The Honorable Channing Bennett, Marion County Circuit Court, Salem. Judge Bennett was appointed by Governor Kate Brown in January 2016. Before that, he was a hearings referee, judge pro tem, assigned to the Criminal Annex, overseeing 90 percent of the county’s criminal cases and leading the annex through the transition to eCourt. In his earlier private practice, he specialized in civil litigation with an emphasis on employment, business, and civil rights law. David Eder, Thuemmel Uhle and Eder, Portland. Mr. Eder practices in the areas of personal injury and wrongful death, DUII defense, and criminal law. He previously was an assistant city attorney with the City of Beaverton, handling thousands of vehicle-related cases as well as civil litigation and major crimes work. In 2011, he served as an instructor at the National Advocacy Center on the topic of jury selection. He is past chair of the Oregon New Lawyers Division. In 2010, he developed a program to help underemployed and unemployed lawyers receive training from nonprofit organizations; the program was named as the American Bar Association Young Lawyer Section Program of the Year. Stanton Gallegos, Markowitz Herbold PC, Portland. Mr. Gallegos represents businesses and nonprofits in complex litigation, including cases involving securities, shareholder disputes, breach of contract, ERISA, products liability, class actions, employment discrimination claims, and other torts. He has extensive experience in matters involving securities and financial investments, where he has represented financial institutions and individual investors in matters relating to the sale of mortgage- backed securities, failed investment funds, and challenges to merger transactions. Stanton also represents clients on appeals in state and federal courts, both as parties and as amicus curiae. Mr. Gallegos is a member of the Oregon Hispanic Bar Association board, the Owen M. Panner Inn of Court, the Multnomah Bar Association, the Federal Bar Association, the Federal Bar Council, and the New York City Bar Association. He is admitted to practice in Oregon, Washington, and New York and before the United States Supreme Court. Steve Larson, Stoll Berne PC, Portland. Mr. Larson has expertise in class actions, consumer cases, antitrust litigation, securities litigation, corporate disputes, intellectual property disputes, unfair competition claims, employment matters, and disputes involving family wealth. He regularly represents individuals and businesses in federal and state court and has obtained class-wide recovery in multiple class actions. Mr. Larson is an active member and past vice president of the Oregon State Bar. As well, he is a member of the Multnomah Bar Association Board of Directors, the American Bar Association Litigation Section and Antitrust Section, the Oregon Trial Lawyers Association, and the National Consumer Law Center Partners Council. He is admitted to practice before the U.S. Supreme Court. Fundamentals of Oregon Civil Trial Procedure vii FACULTY (Continued) Gretchen Mandekor, Rosenbaum Law Group PC, Portland.