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eCourt Malpractice Traps and Relation Back
Posted on09/12/2016
eCourt is available twenty-four hours a day, seven days a week.Convenient? Absolutely!But with
convenience comes risk.
Tempted by the generous schedule, it is easy to form the habit of postponing filinguntil shortly
before midnight on the day the filingis due.
While far from ideal,last-minute filingwill succeed if your document is accepted. But therein lies
the trap. Acceptance is not instantaneous. It may take one to three court days before the clerk
processes your document. What happens if the statute of limitations expiresduring this time?
If you receive notice that your filingwas rejected after the statute of limitationshas run, your only
hope is to request relation back. Beyond strict compliance with the rules – which lay out a detailed
scheme for resubmitting your filingand seeking relation back – there are other nuances in play.
Handling relation back correctly means your client’s case goes forward. Mishandling relation back
may result in a legal malpractice claim.
To understand what is at stake, and the specific steps you needto take, let’s begin by reviewingthe
filingprocess:
When is a Filing Accepted?
As noted above, eCourt filingsare not automatically accepted when submitted. Every filingis
reviewedby a court clerk:
 If the court accepts the document for filing,the date and time of filingentered in the register
relate back to the date and time the electronic filingsystem received the document. When
the court accepts the document, the electronic filingsystem will affix the date and time of
submission on the document, thereby indicating the date and time of filingof the document.
UTCR 21.080(4).
 If the court rejects a document submitted electronically for filing,the electronic filingsystem
will send an email to the filerthat explainswhy the court rejected the document, unless the
filerhas elected through system settings not to receive the email. The email will include a
hyperlink to the document. UTCR 21.080(5).
Resubmitting a Rejected Filing
If you receive notice that your filinghas beenrejected after the statute or deadline is expired,
followUTCR 21.080(5)(a) to the letter.Correcting your original filingmistake and resubmitting your
document is not enough to receive relation back.
To apply for relation-back to the original filingdate, follow these steps:
1. Diagnose and fix your filingerror. The rejection notice issued by the electronic filingsystem
will explainwhy the court rejected your document.
2. Resubmit the document within 3 days of the date of rejection. If the third day following
rejection is not a judicial day, then resubmit the filingthe next judicial day. Resubmission
means submission of the document through the electronic filingsystem or physical delivery
of the document to the court. UTCR 21.080(5)(a).

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3. Include a cover letter with your resubmitted filingthat contains the followinginformation:
A. the date of the original submission
B. the date of the rejection
C. an explanation of the reason you are requesting the date of filingto relate back to the
original submission
D. include the words “RESUBMISSION OF REJECTED FILING, RELATION-BACK DATE OF
FILING REQUESTED” in the subject line of your cover letter. UTCR 21.080(5)(a)(i).
4. If your resubmission is filedelectronically the words “RESUBMISSION OF REJECTED FILING,
RELATION-BACK DATE OF FILING REQUESTED” must also be included in the Filing Comments
Field.UTCR 21.080(5)(a)(ii).
Mistakes Happen
If you apply for relation back and realize that you did not fullycomply with UTCR 21.080(5)(a), what
should you do? If you are within the three day window for resubmission, there is no harm in
trying again. The rule does not limit filers to a single resubmission attempt. Resubmit your filinga
second time, with the proper cover letter and required information in the filingcomments field.Be
aware that getting relation back – even when you meet the technical requirements set forth in
UTCR 21.080(5) – is withinthe court’s discretion and not guaranteed. While every effort is made to
ensure uniform application of the rules, practices may vary from jurisdiction to jurisdiction.
Furthermore, responding parties may object to a request for relation back withinthe time limitsas
provided by law for the type of document being filed.UTCR 21.080(5)(b).
These are important points for eFilers to grasp. Even if you fully and timely comply with UTCR
21.080(5), getting relation back is not an automatic right. Your best defense is to do it right the
first time and followthe tips at the end of this article.
Technical Difficulties
There is one other basis for requesting relation back. If the eFilingsystem is temporarily unavailable
or if an error in the transmission of the document or other technical problem prevents the eFiling
system from receiving a document, the court may, upon satisfactory proof, permit relation back.
UTCR 21.080(6).
A filer seekingrelation back due to “technical difficulties”must follow the same steps as any other
filerresubmitting a rejected filing.(See the steps described above in Resubmitting a Rejected Filing.)
In addition, the fileris permitted to attach supporting exhibitsthat substantiate the system
malfunction.
PRACTICE TIP: Slightly different language is required in the cover letter and filing comments field if
relation back is sought under UTCR 21.080(6): “RESUBMISSION OF REJECTED FILING, SUBMISSION
UNSUCCESSFUL, RELATION-BACK DATE OF FILING REQUESTED.”
CAVEAT: Technical problems with the filer’s equipment or attempted transmission within the filer’s
control will not generally excuse an untimely filing.
UTCR 21.080(6).

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What If Relation Back is Denied?
If relation back is denied, contact the claims attorneys at the Professional Liability Fund.
Staying Out of Trouble
Avoid fallinginto the relation-back malpractice trap by followingthese tips:
 Read Chapter 21 of the Uniform Trial Court Rules. Monitor amendments, a number of which
have been adopted out-of-cycle.
 Reviewthe eCourt resources and practice aids available on the Professional Liability
Fund website. Select Practice Management, then Forms, and under “Filtered by Category,”
choose “eCourt.” [Or search this blog for eCourt posts.]
 Read “The Nuts and Bolts of Oregon eCourt,” and “Zero Tolerance for e-FilingError,” by yours
truly in the Oregon State Bar Bulletin.
 Attend eCourt CLEs and training sessions.
 Seek advice from colleagues with eFiling experience.
 Call the Professional Liability Fund if a filingmishap occurs.
[All Rights Reserved 2016 Beverly Michaelis]