NEW! Oregon Civil Pleading and Litigation, 2020 Edition

Lead the way to justice for your clients with this new resource, a must-have for any Oregon lawyer who handles civil cases. Whether you litigate often or only try one case per year, the tools you need are in Oregon Civil Pleading and Litigation.

You spoke. We listened. In response to member feedback, OSB Legal Publications has combined and updated all of the material previously published in Oregon Civil Pleading and Practice and Oregon Civil Litigation Manual into a three-volume resource: Oregon Civil Pleading and Litigation. We also added topics not previously included, such as appellate considerations for trial counsel and litigation technology.

Written and peer-reviewed by expert litigators, this book will guide you from the initial client interview and evaluation of a case to posttrial matters and preparing for the appeals process. Includes citations to and discussion of over 2,500 cases and 2,400 statutes and rules, as well as 150 forms.

TABLE OF CONTENTS

Volume 1

1          Oregon State Courts: Overview and Rules
2          Case Intake and Evaluation
3          Jurisdiction: In Personam and In Rem
4          Venue
5          The Complaint
6          Parties–General Considerations and Procedure
7          Individual Parties and Representative Capacity
8          Business Entities as Parties
9          Governmental Units and Officers
10        Pleading Damages
11        Declaratory Judgments
12        Amended and Supplemental Pleadings
13        Interpleader and Intervention
14        Service, Summons, and Notice Requirements
15        Removal
16        Answers, Affirmative Defenses, Counterclaims, and Replies
17        Claim Preclusion, Issue Preclusion, and Related Doctrines
18        Cross-Claims, Third-Party Practice, and Joinder

Volume 2

19        Pretrial and ORCP 21 Motions
20        TROs and Injunctions
21        Receivers
22        Provisional Process
23        Scope of Discovery and E-Discovery
24        Discovery Requests: Medical Records and Examinations
25        Discovery Requests: Production and Inspection; Admission
26        Depositions
27        Subpoenas
28        Summary Judgment
29        Stipulations–Purpose, Types, and Techniques
30        Default
31        Negotiation, Settlement, and Compromise
32        Trial Notebook
33        Trial Memoranda
34        Trial Motions
35        Jury Selection: Voir Dire
36        Litigation Technology

Volume 3

37        Jury Instructions
38        Verdicts and Findings
39        Appellate Considerations for Trial Counsel
40        Posttrial Matters
41        Appealability of Judgments and Orders
42        Mandamus
43        Writs of Review and Proceedings in Quo Warranto
44        Bonds and Undertakings
45        Postjudgment Collections
46        Costs, Disbursements, and Attorney Fees
47        Class Actions
48        Pleading and Practice in Tribal Courts

Table of Forms 
Table of Statutes and Rules 
Table of Cases 

A special thank you to the following editors and authors for their time and contribution to this new edition:

Steve Larson, Caroline Crowne, Janet Schroer, Dan Skerritt, Kip Childs, Michael Willes, Jason Pistacchio, Paul A.C. Berg, Thomas R. Johnson, Kevin Schock, Jeff Bradford, Thomas K. Doyle, Josh Stadtler, Chelsea Glynn, Stacie Damazo, Frank Weiss, Sadie Concepcion, Steven Wilker, Stephanie Jo Grant, Sharon Rudnick, Aaron Landau, Nicholas Dazer, Renee Rothauge, Clark “Chip” Horner, Per Ramfjord, Jacob C. Goldberg, Megan Reuther, Jeremy Sacks, Kennon Scott, Andrew T. Ho, Keil Mueller, Daniel L. Keppler, Brian Gingerich, Steven C. Berman, Leslie S. Johnson, Colleen Munoz, Teresa Pearson, Eleanor Dubay, Ian Christy, Erica Clausen, Thomas D’Amore, Jason Poss, David B. Markowitz, Stanton Gallegos, Donna Lee, Joseph L. Franco, J. Matthew Donohue, Alex Hadduck, Hon. Susie Norby, Eric R. Mills, Lindsay Duncan, Michael B. Merchant, Margaret E. Schroeder, Matthew Colley, Nicholas D. Rogers, David Elkanich, Dayna Underhill, Joshua Stadtler, Timothy W. Grabe, Peter Hawkes, Evan Christopher, Amy Edwards, Crystal Chase, Robert Koch, Xin Xu, Thomas W. Brown, Julie A. Smith, Hillary Taylor, Susan D. Marmaduke, Erica Tatoian, Holly Pettit, Laurie R. Hager, Susan S. Ford, Cody Berne, Yoona Park, Jen Wagner, Lydia Andreson-Dana, and Robert James Miller.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413. 

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OSB Sees Assistant Disciplinary Counsel

Assistant Disciplinary Counsel – Litigation

The Oregon State Bar is looking for someone to provide counsel to the OSB in the evaluation, investigation, and, where appropriate, litigation through trial and appeal of ethics complaints made against Oregon lawyers.

Please visit http://www.osbar.org/osbcenter/openings.html for job details.

The Oregon State Bar is an Equal Opportunity Employer.

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Oregon Cannabis Codebook, 2020 Edition

Cannabis, both medical and recreational, has been legal in Oregon since 2015. The legislatures and agencies continue to add to the statutes and rules to address this rapidly evolving area of law. Get the latest edition of Oregon Cannabis Codebook and have the statutes and related administrative rules in this growing area of law at your fingertips.

Includes:

Volume 1 – Statutes

ORS chapter 475B—Cannabis Regulation—is provided in its entirety

Below is a list of some of the areas of law included in volume 1 of the Cannabis Codebook. Relevant statutes are provided from the following ORS chapters:

Property Rights and Transactions:
ORS chapter 90 – Residential landlord and tenant
ORS chapter 105 – Property rights

Criminal Procedure:
ORS chapter 135 – Arraignment and pretrial provisions
ORS chapter 137 – Judgment and execution; parole and probation
ORS chapter 144 – Parole; post-prison supervision
ORS chapter 146 – Investigations of deaths, injuries, and missing persons

Crimes and Punishments:
ORS chapter 161 – Crimes and punishments
ORS chapter 163 – Offenses against persons
ORS chapter 166 – Offenses against public order
ORS chapter 167 – Offenses against general welfare

Revenue and Taxation:
ORS chapter 316 – personal tax
ORS chapter 317 – corporation excise tax

Human Services and Juvenile Code:
ORS chapters 419A–419C – Juvenile Code
ORS chapter 420 – Youth correction facilities
ORS chapter 423 – Corrections and crime control administration

Mental Health and Substance Abuse Treatment:
ORS chapter 430 – Substance abuse treatment programs

Agriculture:
ORS chapter 571 – Licensed agricultural crops

Occupations and Professions:
ORS chapter 676 – health professions
ORS chapter 689 – pharmacists; drug outlets and sales

Oregon Vehicle Code:
ORS chapter 801 – Oregon Vehicle Code
ORS chapter 807 – Driving privileges
ORS chapter 809 – Refusal, suspension, and cancellation of driving privileges
ORS chapter 811 – Rules of the road
ORS chapter 813 – Driving under the influence

New legislation enacted by the 2019 Legislature includes provisions affecting production and licensing of marijuana and cannabis; new provisions relating to expungement of marijuana-related convictions, and reduction of offense classification of marijuana convictions; and new provisions relating to agreements with other states regarding delivery of marijuana between states and cross-jurisdictional enforcement of marijuana-related businesses.

Volume 2 – Administrative Rules

The following divisions are provided in their entirety:

OAR chapter 333 division 7 – Marijuana labeling, concentration limits, and testing
OAR chapter 333 division 8 – Medical marijuana
OAR chapter 603, division 48 – Industrial hemp
OAR chapter 845 division 25 – Recreational marijuana

Below is a list of some of the areas of law included in volume 2 of the Cannabis Codebook. Relevant rules are taken from the following OAR chapters and divisions:

Department of Revenue:
OAR chapter 150, division 475 – Marijuana point-of-sale tax

Criminal Justice Commission:
OAR chapter 213, division 19 – drug offense subcategories

Oregon Health Authority:
OAR chapter 333, division 15 – standards for reducing sale of inhalant delivery systems
OAR chapter 333, division 64 – accreditation of laboratories
OAR chapter 415, division 54 – DUII, drug evaluation and screening

Department of Human Services – Self-sufficiency programs:
OAR chapter 461, division 120 – eligibility requirements
OAR chapter 461, division 160 – calculating benefits
OAR chapter 461, division 165 – issuing benefits
OAR chapter 461, division 195 – liens and overpayments

Department of Transportation:
OAR chapter 735, division 61 – third-party testing for Class C driver license
OAR chapter 735, division 64 – special driver permits
OAR chapter 735, division 70 – driver licenses

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413. 

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New! Rights of Foreign Nationals, 2020 Edition: What to Know When Your Client Is Not a U.S. Citizen

This second edition of Rights of Foreign Nationals addresses issues affecting foreign nationals living in Oregon by combining relevant statutes, rules, and cases on matters such as domestic relations, employment, personal injuries, criminal offenses, business law, and public benefits. It includes a brand new chapter on airport issues. This valuable reference will help lawyers avoid potential pitfalls, and highlights situations in which standard advice for a citizen client might be inappropriate for a noncitizen client.

TABLE OF CONTENTS

1 Automobile Issues
2 Business Law
3 Criminal Law—Immigration Consequences Arising from Criminal Actions of U.S. Citizens and Noncitizens
4 Employment Issues
5 Family Law
6 Housing
7 Public and Financial Benefits
8 Tax Law
9 Noncitizen Juveniles: Special Rules and Challenges
10 Noncitizen Survivors of Crimes and Domestic Abuse
11 Estate Planning
12 Airport and Boarder Issues

Table of Statutes and Rules
Table of Cases
Subject Index

A special thank you to the following editors and authors for their time and contribution to this new edition:

Teresa Statler, Philip Hornik, Mark Kinzler, Turid Owren, David N. Shamloo, Michael Dale, Christ Frost, Bradley Lechman-Su, Aukjen Ingraham, William J. Ohle, David Henretty, Megan Dorton, Beth Englander, Carol-Ann Simon, Siovhan Sheridan-Ayala, Michael M. Moore, Lucas, A. Welliver, and Bradley Maier.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413. 

 

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Oregon Insurance Law Codebook, 2020 Edition

• 2 volumes; perfect bound
• 1,008 pages
• Publication Date: May 2020

This two-volume codebook puts the Oregon Insurance Law Code at your fingertips. This codebook serves as a companion to Insurance Law in Oregon, but is also a useful stand-alone resource. It includes 2018 and 2019 legislation. This publication is not available on BarBooks™.

The codebook includes the following ORS chapters in their entirety:

ORS Chapter 731—Administration and General Provisions
ORS Chapter 732—Organization and Corporate Procedures of Domestic Insurers; Regulation of Insurers Generally
ORS Chapter 733—Accounting and Investments
ORS Chapter 734—Rehabilitation, Liquidation and Conservation of Insurers
ORS Chapter 735—Alternative Insurance
ORS Chapter 737—Rates and Rating Organizations
ORS Chapter 741—Health Insurance Exchange
ORS Chapter 742—Insurance Policies Generally; Property and Casualty Policies
ORS Chapter 743—Health and Life Insurance
ORS Chapter 743A—Health Insurance: Reimbursement of Claims
ORS Chapter 743B—Health Benefit Plans: Individual and Group
ORS Chapter 744—Insurance Producers: Life Settlement Providers, Brokers and Contracts; Adjusters; Consultants; Third Party Administrators; Reinsurance Intermediaries; Limited Licenses
ORS Chapter 746—Trade Practices
ORS Chapter 748—Fraternal Benefit Societies
ORS Chapter 750—Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations
ORS Chapter 752—Professional Liability Funds

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413. 

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Insurance Law in Oregon, 2020 Edition

• 2 volumes; loose-leaf
• 1,500 pages ~
• Publication Date: May 2020
• Editorial Review Board: William Earle, Chris Carson, Emily Miller, Ronald Clark, and Seth Row

This new edition of Insurance Law in Oregon is completely reorganized and updated, with 12 chapters covering new subject matter never before included in this publication. Our expert authors explain the fundamental issues of insurance law, such as interpreting policy language and the insurer’s duty to defend, settle, and pay. In addition, they address cutting edge issues, such as cyber and privacy insurance and employment practices liability insurance. This comprehensive resource will make a perfect addition to your library.

TABLE OF CONTENTS

1 Elements of an Insurance Policy

2 Reading, Understanding, and Interpreting Insurance Policies
3 Reformation of Policies
4 Termination
5 Surplus-lines Insurance
6 Agents and Brokers
7 Powers and Duties of Adjusters
8 Discovery and Evidence of Insurance in Noninsurance Litigation
9 Insurable Interest
10 Property Insurance: Statutory Fire Insurance Policy
11 Exclusions and Causation
12 Conditions
13 Business Interruption and Extra Expense
14 Intentional Conduct
15 Payment of Loss after a Fire
16 Duty to Defend, Settle, and Indemnify
17 Conflicts of Interest
18 CGL—Bodily Injury and Property Damage
19 CGL—Personal and Advertising Injury
20 Liability, Comprehensive, and Collision
21 UM and UIM Coverage
22 PIP Coverage
23 Commercial Auto and Garage Liability
24 Aviation Insurance
25 Construction
26 Cyber Insurance
27 Directors’ and Officers’ Insurance
28 Employment Practices Liability Insurance
29 Environmental Liability Insurance
30 Farmers, Ranch, and Agricultural
31 Homeowners
32 Inland Marine and Cargo
33 Life, Health, Disability, and Accident
34 Introduction to Wet Marine Insurance
35 Professional-Liability Insurance
36 Steps to Take Following Property Loss
37 Steps to Take on Liability Claims—Representing the Insured
38 Steps to Take on Liability Coverage Claims—Representing the Insurer
39 Proving Existence and Terms of Coverage
40 First-Party Claims and Pleadings
41 [RESERVED FOR EXPANSION]
42 Extracontractual Claims and Bad Faith
43 Environmental Claims
44 “Other Insurance” and Allocation
45 Attorney Fees
46 Mediation and Settlement

A special thank you to the following editors and authors for their time and contribution to this new edition:

William Earle, Chris Carson, Emily Miller, Ronald Clark, Seth Row, Jacki Mitchson, Ivan Resendiz Gutierrez, Michael B. Merchant, Matthew D. Colley, Martin W. Jaqua, Thomas A. Ped, Taryn M. Basauri, Melia Marie Shears, Eric E. Meyer, Bernard S. Moore, Robert S. May, Douglas M. Bragg, Kevin S. Mapes, Lloyd Bernstein, Dwain Clifford, Dan Thenell, Margaret E. Schroeder, Michael Farnell, Shanelle A. Honda, Gabriel Le Chevallier, Paul Mockford, Kevin Sasse, Jack Levy, Vicki M. Smith, Rick A. Lee, Kyle Sturm, Heather Beasley, John R. Bachofner, Katie D. Buxman, Cliff J. Wilson, Hilary A. Boyd, Jonathan M. Hoffman, Andrew Guess, James Walker, Erica Clausen, Katelyn Fulton, Frank Langfitt, David J. Riewald, Margaret Van Valkenburg, Chester D. Hill, Brian Talcott, Darren Beatty, Megan Glor, Hans Huggler, Michael J. Knapp, Jeremy Bordelon, Scott Sell, Jay W. Beattie, Chris M. Parker, Francis J. (FJ) Maloney, III, Scott A. MacLaren, Christine A. Webb, Rick Pope, Everett W. Jack, Drew Passmore, Steve Rizzo, Shaun Morgan, Ryan M. DesJardins, Krisopher L. Kolta, W. Blake Mikkelsen, Clint Tapper, Lou Ferreira, Guy Thompson, Richard Williams, Robert Bonaparte, Dean Heiling, Hon. Karsten Rasmussen, and Audrey L. Stone

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413. 

 

 

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OSB Seeks Assistant Disciplinary Counsel

Assistant Disciplinary Counsel – Investigation

The Oregon State Bar is looking for someone to provide counsel to the OSB in the evaluation, investigation, and, where appropriate, negotiated resolution of ethics complaints made against Oregon lawyers.

Please visit http://www.osbar.org/osbcenter/openings.html for job details.

The Oregon State Bar is an Equal Opportunity Employer.

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NEW! Oregon Probate and Uniform Trust Codebook, 2019 Edition

This small paperback codebook puts the essential probate and uniform trust code statutes at your fingertips. Serves as a companion to Administering Trusts in Oregon, but is also a useful stand-alone resource. Includes significant 2019 legislation. This publication is not available on BarBooks™.

Includes:

  • ORS Chapter 111 — General Provisions
  • ORS Chapter 112 — Interstate Succession and Wills
  • ORS Chapter 113 — Initiation of Estate Proceedings
  • ORS Chapter 114 — Administration of Estates Generally
  • ORS Chapter 115 — Claims; Actions and Suits
  • ORS Chapter 116 — Accounting, Distribution and Closing
  • ORS Chapter 117 — Estates of Absentees
  • ORS Chapter 118 — Estate Tax
  • ORS Chapter 128 — Trusts; Charitable Activities
  • ORS Chapter 129 — Uniform Principal and Income Act
  • ORS Chapter 130 — Uniform Trust Code

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

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New! Oregon Uniform Jury Instructions, 2019 Supplements

With Oregon Uniform Jury Instructions you will always be prepared for trial with up-to-date and customizable jury instructions, save time by using instructions already drafted by the experts, and represent your clients with confidence using the comments to the instructions.


Oregon Uniform Civil Jury Instructions

  • 1 New instruction
  • 10 Revised instructions

In 2019, The Uniform Civil Jury Instructions Committee updated 10 instructions and issued one new instruction. The committee completed its multi-year review of the disability-discrimination instructions, completely reorganizing them and issuing a new instruction. The committee also updated instructions in the areas of fiduciary duty and condemnation.

Oregon Uniform Criminal Instructions

  • 2 New instruction
  • 19 Revised instructions
  • 11 Instructions were reviewed for accuracy

In 2019, the Uniform Criminal Jury Instructions Committee significantly revised a number of instructions, including those dealing with attempt, physical injury, failure to appear, sex abuse, and harassment. It also wrote two new instructions on vouching and modified evidence. Other instructions have been updated with recent case law.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or toll-free in Oregon, 1-800-452-8260, x 413.

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OSB Seeks Assistant Disciplinary Counsel

Assistant Disciplinary Counsel – Litigation

The Oregon State Bar is looking for someone to provide counsel to the OSB in the evaluation, investigation, and, where appropriate, litigation through trial and appeal of ethics complaints made against Oregon lawyers.

Please visit http://www.osbar.org/osbcenter/openings.html for job details.

The Oregon State Bar is an Equal Opportunity Employer.

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