Watch Those Timelines – and Those Court Rules:
From the Nov 1st OJD Media Release (full case here):
Mary Lee Husted, Respondent, v. SCI Oregon Funeral Services, Inc., Appellant. Landau, P. J.Plaintiff prevailed on a claim against defendant, and a general judgment was entered on May 18, 2005. On May 23, 2005, the trial court signed an amended general judgment, but that amended general judgment was never entered. On June 7, 2005, plaintiff submitted a statement of costs, disbursements, and attorney fees. Defendant objected on the ground that the statement had not been filed within 14 days, as required by ORCP 68 C(4)(a). The court concluded that the amended judgment had been entered on May 24, 2005, and, as a result, plaintiff’s statement was timely filed. The court entered a supplemental judgment awarding the attorney fees requested. Defendant appeals, arguing that the trial court erred in concluding that plaintiff’s statement of costs, disbursements, and attorney fees had been timely filed. Held: Under ORCP 68 C(4)(a), plaintiff had 14 days from entry of judgment to file the statement of costs, disbursements, and attorney fees. The record shows that a general judgment was entered on May 18, 2005. It shows that no other general judgment has been entered. Plaintiff therefore had 14 days from that date to file her statement. She filed well beyond that deadline. Her filing therefore was untimely. Reversed.