OTLA Trial Lawyer Spring 2021

4 Trial Lawyer • Spring 2021 By Judge Debra Velure Lane County Circuit Court W hen I was serving as a judicial clerk in Lane County in 1993 after I graduated from University of Oregon School of Law, there was a saying “A case isn’t complex until the motion is granted.” What I have come to learn during my practice is that many cases deserve such a designation and the pro- cesses that are available once a case is designated complex allow for a more efficient and fair resolution of the case — even if that means trial. After four years in private practice, I was hired as associate counsel for Hyun- dai Semiconductor, an international company based in Eugene. In this posi- tion, I assisted in managing a $33 million dispute involving the original construc- tion of the facility which included arbitrations in two states, construction View From The Bench Judge Debra Velure The straightforward path to a complex case liens filed by 45 parties in Lane County Circuit Court and an entire floor of a downtown Portland law firm devoted to housing document production. The Lane County case was designated “complex.” While this is one example of a complex case, there are many other cases that may seem “simple” in comparison to the Hyundai matter, but would benefit from being placed on a complex litigation track. After leaving Hyundai, I devoted a significant amount of my practice to the defense of construction defect, legal malpractice, section 1983 and personal injury cases, and have served as the as- signed judge in matters that received the advantage of being designated “complex” cases. Case designation For circuit court cases in Oregon, when requested, a presiding judge may designate a case as “complex” UTCR 7.030(2) by considering, among other factors, “the number of parties involved, the complexity of the legal issues, the expected extent and difficulty of discov- ery and the anticipated length of trial.” While relatively new to the bench, I have been assigned cases designated as com- plex involving construction defects of a commercial building where the building owner brought direct claims against 13 parties including the general, subcontrac- tors, architects, engineers and manufac- tures of components; a lawsuit against Department of Human Services, a pedi- atric group of doctors and an individual treating physician regarding the death of a 10-month-old boy while attending daycare; personal injury matters involv- ing commercial defendants where company headquarters are out-of-state; and a medical malpractice lawsuit alleg- ing negligence claims against the doctor and hospital for an allegedly failed fusion surgery. One benefit of a complex case desig- nation is the presiding judge will assign the matter to a specific trial court judge. UTCR 7.030(3). The assigned judge can then be more readily available to counsel to address more urgent, unanticipated issues that might arise and have consis- tency with rulings from a single judge. Also, the rule that a case must be tried within 12 months is expanded to two years. UTCR 7.030(4). However, parties should not seek a complex case designa- tion simply to avoid the timelines of the Coos County “rocket docket” or Lane County’s “Concord” speed approach to the trial docket. Instead, practitioners need to realize a case designated as com- plex will require heightened attention and devotion of significant time and resources beyond that of a case that re- mains on the general trial docket. If I am assigned as a judge in a com- plex case, my staff will reach out to the attorneys to schedule a case management conference. Attorneys should approach