Rule 23.040.Case Management
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 23.040
Plain-English Summary
A case in the OCLC is under the direct supervision of a single judge for all purposes. That includes referral to mediation, assignment to a settlement judge, and trial. One judge sees the whole arc of the case, which is the point of the assignment.
Before the date set for the case management conference, the parties have homework. They must explore early resolution of the case and prepare a discovery plan. They must confer about the matters to be raised at the conference and try to agree on as many issues as they can. Then they report the results of that conference to the court. The judge is meant to arrive at the conference with a set of narrowed questions, not an empty agenda.
The second round of work comes no later than 10 days before trial, unless the OCLC judge has ordered otherwise. The parties confer and disclose all their exhibits to each other, except impeachment exhibits. They number the exhibits. They agree on admissibility wherever they can. They file an exhibit list with the court and give it to the judge, showing the status of each exhibit. Where they still have substantive objections to an exhibit, they try to agree at least on foundation, and any such agreement is noted on the list they file.
Once that is done, the OCLC judge confers with the parties to resolve whatever exhibit disputes are left, along with any other matter a stipulation could settle to make the trial run better. The exchange is not paperwork for its own sake; it sets up the conversation that clears the trial.
Frequently Asked Questions
Who manages a case in the Oregon Complex Litigation Court?
A single OCLC judge, for all purposes. That judge supervises the case directly, including sending it to mediation, assigning it to a settlement judge, and trying it.
What do the parties have to do before an OCLC case management conference?
All of it before the date the court sets for the conference. Explore early resolution of the case and prepare a discovery plan. Confer about what will be raised at the conference. Try to reach agreement on as many issues as possible. Report the results of that conference to the court when you get there.
When do exhibits have to be exchanged in an OCLC case?
No later than 10 days before trial, unless the OCLC judge orders a different schedule. By then the parties must have disclosed and numbered their exhibits, worked toward agreement on admissibility, and filed an exhibit list with the court showing the status of each one.
Do impeachment exhibits have to be disclosed before trial in the OCLC?
No. The pretrial disclosure covers all exhibits except impeachment exhibits, so material held back to test a witness on the stand stays back.
What happens after the parties exchange and list their exhibits?
The OCLC judge confers with them. The purpose is to settle any remaining disputes over exhibits and to find other stipulations that would make the trial more efficient, so the courtroom time goes to the contested questions.