Otnes v. PCC Structurals, Inc.

Plaintiff submitted a motion on the last permissible day which was rejected for failure to pay the filing fee. Upon notification, Plaintiff immediately corrected and requested that the filing date relate back to original submission date under Uniform Trial Court Rule (UTCR) 21.080(5). The trial court, Appellate Commissioner, and Oregon Court of Appeals determined Plaintiff’s motion was untimely, but each did so on a different basis. Plaintiff argued UTCR 21.080(5) does not require a person to “justify” or “excuse” the filing failure, only that a reason is provided. Defendant argued Plaintiff did not provide a sufficient reason or alternatively, UTCR 21.080(5) does not apply when a document is rejected for failure to pay a filing fee as required under ORS 21.100. UTCR 21.080(5) authorizes a trial court to relate the filing date of a rejected document back to the original date the document was tendered for filing, if the filing party cures the deficiency identified by the trial court within three days. The Court ruled that UTCR 21.080(5)(a) on its face only requires a requestor to submit a cover letter with a reason. UTCR 21.080(5) does not require that the statements made are correct or even attest to their veracity. Refiling may be contested on the requirements that the document was refiled within three days and the deficiency was corrected. REVERSED AND REMANDED.