test_5_6

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  • Please advise your client what each of the following sections says

    1. If scientific, technical, or other specialized knowledge will assist the trier of

    fact to understand the evidence or to determine a fact in issue, a witness

    qualified as an expert by knowledge, skill, experience, training, or education,

    may testify thereto in the form of an opinion or otherwise. Where an expert

    witness testifies to an opinion based on a new or novel scientific

    methodology or principle, the proponent of the opinion has the burden of

    showing the methodology or scientific principle on which the opinion is

    based is sufficiently established to have gained general acceptance in the

    particular field in which it belongs.

    2. At any scheduled call of a calendar or at any conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge may note the default on the record and enter an order as follows:

    (a) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest;

    (b) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross-claims;

    (c) If no party appears, the judge may make such order as appears just.

    3. Judges should inform litigants that they have the right to retain counsel and

    the right to be represented by counsel throughout the course of the

    proceedings. Judges should also acknowledge that parties have a right to

    represent themselves. Judges should confirm that the self-represented litigant

    is not an attorney, understands the right to retain counsel, and will proceed

    without an attorney. Judges also may wish to discuss with the litigant what it

    means to represent oneself in litigation.

    4. The court will deny any motion made pursuant to ORCP 21 and 23, except a

    motion to dismiss: (a) for failure to state a claim; or, (b) for lack of

    jurisdiction, unless the moving party, before filing the motion, makes a good

    faith effort to confer with the other party(ies) concerning the issues in

    dispute.

  • 5. In criminal cases, the parties must notify the court immediately of any

    decision that a case will be dismissed or a change of plea entered. In all

    other cases, the parties must immediately notify the court of a decision to

    settle, dismiss, or otherwise resolve a case. After receipt of the notice, a

    court may require the parties to put the decision on the record, give written

    notice to the parties that the case will be dismissed unless an appropriate

    judgment is tendered to the court within 28 days, or both.

    6. No waiver of trial by jury in civil cases in circuit court shall be deemed to

    have occurred unless the parties notify the court of such a waiver before 5:00

    p.m. of the last judicial day before trial. Thereafter, a jury trial may not be

    waived without the consent of the court. Failure to timely notify the court of

    a waiver before the day of trial may result in an assessment by the judge on

    one or both of the parties for the per diem fee and mileage costs of bringing

    in the jury panel for that trial.

    7. In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the

    notice of appeal required by Rule 3 must be filed with the district clerk

    within 30 days after entry of the judgment or order appealed from.

    8. Unless federal law provides otherwise, an individualother than a minor, an

    incompetent person, or a person whose waiver has been filedmay be

    served at a place not within any judicial district of the United States: (1) by

    any internationally agreed means of service that is reasonably calculated to

    give notice, such as those authorized by the Hague Convention on the

    Service Abroad of Judicial and Extrajudicial Documents; (2) if there is no

    internationally agreed means, or if an international agreement allows but

    does not specify other means, by a method that is reasonably calculated to

    give notice: (A) as prescribed by the foreign countrys law for service in that

    country in an action in its courts of general jurisdiction; (B) as the foreign

    authority directs in response to a letter rogatory or letter of request; or (C)

    unless prohibited by the foreign countrys law, by: (i) delivering a copy of

    the summons and of the complaint to the individual personally; or (ii) using

    any form of mail that the clerk addresses and sends to the individual and that

    requires a signed receipt; or (3) by other means not prohibited by

    international agreement, as the court orders.