ORAP 16.45

(1) Registration as an eFiler with the eFiling system constitutes consent to receive

service via the electronic service function of the eFiling system.

(2) (a) Except as provided in subsection (3), a party eFiling a document may use

the eFiling system's eService function to accomplish service of that document on any other

party's attorney or on a self-represented party, if that party's attorney or the self-represented party

is a registered eFiler.[fn 1] The eFiling system will generate an email to the attorney or self-represented party being eServed that includes a link to the document that was eFiled. To access

the eFiled document, the attorney or self-represented party who has been eServed must log in to

the eFiling system.

(b) eService is effective under this rule when the eFiler has received a

confirmation email stating that the eFiled document has been received by the eFiling

system.

(3) A party eFiling a document must accomplish service via paper service or other

form of service permitted by ORCP 9, if:

(a) The document to be served:

(i) initiates a case in the Court of Appeals;

(ii) initiates a case in the Supreme Court under that court's original

jurisdiction;

(iii) is a first motion for extension of time to file a petition for review in

the Supreme Court; or

(iv) if no motion for extension of time has been filed, is a petition for

review in the Supreme Court;

(b) The party to be served is self-represented and is not a registered eFiler; or

(c) The attorney to be served is not a licensee of the Oregon State Bar and is

not a registered eFiler, or is a licensee of the Oregon State Bar but has obtained a waiver

to the mandatory eFiling requirement under ORAP 16.60.

(4) All eFiled documents must be accompanied by a proof of service under ORAP

1.35(2)(e). The proof of service must certify service on all parties regardless of the means by

which service was accomplished, including eService. The proof of service must state that

service was accomplished at the person's email address as recorded on the date of service in the

eFiling system and need not include that person's email address or mailing address.

(5) If an eFiled document is not eServed by the eFiling system because of an error in

the transmission of the document or other technical problem experienced by the eFiler, the court

may, upon satisfactory proof, permit the service date of the document to relate back to the date

that the eFiler first attempted to eServe the document. A party must show satisfactory proof by

filing and serving an accompanying letter explaining the circumstances, together with any

supporting documentation.