ORAP 12.15

The practice and procedure for coordination of class actions in circuit court shall be as

follows:

(1) A motion filed pursuant to ORCP 32 K shall set forth the grounds for

coordination and may be accompanied by an affidavit. Service by mail shall be made on all

counsel and the trial court administrators of the courts where the cases are pending. If the

motion is filed by a party, the presiding judge shall allow or deny it within 10 days. If the

motion is allowed, the presiding judge shall immediately request the Supreme Court to assign a

judge to determine whether coordination is appropriate and to forward to the Supreme Court a

copy of the motion and of the papers filed in support and in opposition to the motion.

(2) The Supreme Court will assign a judge, pursuant to ORCP 32 K(1)(a), within

seven days after receiving a request for the assignment, and shall notify by mail all counsel and

trial court administrators of the identity and address of the assigned judge. The Supreme Court

shall forward to the assigned judge copies of all papers accompanying the request for

appointment.

(3) Within 14 days after the Supreme Court designates the assigned judge, any party

may file a memorandum in favor of coordination and serve it on all counsel. Any party may

serve and file a memorandum in opposition to coordination within 21 days after the Supreme

Court designates the assigned judge. The assigned judge may take testimony and hear oral

argument on the issue of coordination. Within 28 days after being designated by the Supreme

Court, the assigned judge shall determine which, if any, cases are to be coordinated and, if any

are coordinated, recommend the court in which they shall proceed.

(4) In the absence of a stay order, a case which is being considered for coordination

may proceed as if no motion for coordination had been filed, but no trial shall be commenced

and no judgment shall be entered in that action.

(5) If the assigned judge orders coordination, the judge shall send a copy of the order

to the Chief Justice and to all counsel and the trial court administrators of the respective trial

courts. The Chief Justice shall sign an order within 14 days designating a trial judge and the

court where the coordinated cases will proceed and shall serve all counsel and trial court

administrators with a copy of the order. An order coordinating the cases shall operate as a stay

of all proceedings in the coordinated cases except as otherwise permitted by the trial judge

designated to hear them. If the assigned judge denies coordination, the judge shall send a copy

of the order to the Chief Justice and to all counsel and the trial court administrators of the

respective trial courts.

(6) The trial judge designated to hear the coordinated cases shall have full power to

control pleadings, discovery, notices, conferences, hearings, and the schedule of the trial or trials

in any manner the judge deems appropriate with due consideration to the convenience of the

witnesses, parties, and counsel, efficient judicial administration, and the ends of justice. The trial

judge may decoordinate all or some or one of the cases and may order any issue tried separately.

The trial judge shall pass on motions filed under ORCP 32 K(3) to include an additional case or

cases.

(7) On a showing of good cause, any time limit in this rule may be extended for a

period not exceeding seven days by the judge before whom the issue of coordination is then

pending.