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Oregon Rules of Civil Procedure

Where do the Oregon Rules of Civil Procedure come from and how are they changed? If a particular rule is not effective or has been rendered obsolete by technology, or by practice, how may it be amended? The Council on Court Procedures was formed by the Legislature in 1977 to draft and to systematically update the Oregon Rules of Civil Procedure. The enabling legislation is found at ORS 1.725 through ORS 1.760. Well-crafted, fair, and balanced procedural rules for the filing, prosecution, and defense of civil disputes ensure that all Oregonians have a forum in which to seek redress of private grievances fairly and equitably.

 

 CURRENT OREGON RULES OF CIVIL PROCEDURE

Effective January 1, 2008


CHANGES TO OREGON RULES OF CIVIL PROCEDURE

EFFECTIVE JANUARY 1, 2010*

*Legislative amendment to ORCP 32 was effective June 25, 2009 (by emergency clause)

 

PAST COUNCIL PROMULGATIONS

ORCP 7 Summons
ORCP 8 Process
ORCP 9 Service and Filing of Pleadings and Other Papers
ORCP 32 Class Actions
ORCP 43 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
ORCP 55 Subpoena
ORCP 63 Judgment Notwithstanding the Verdict
ORCP 64 New Trials
ORCP 69 Default Orders and Judgments
*The Legislature did not vote to amend, repeal, or supplement any of the Council’s promulgated rules; therefore, the Council’s amendments took effect on January 1, 2008. The Legislature did make non-substantive amendments to Rules 7 and 9 (see link above).
 
ORCP 9
Service and Filing of Pleadings and Other Papers
ORCP 46
Failure to Make Discovery; Sanctions
ORCP 54
Dismissal of Actions; Compromise
ORCP 59
Instructions to Jury and Deliberation
ORCP 67
Judgments
ORCP 83
Provisional Process
*Effective 01/01/06, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.
 
ORCP 34
Substitution of Parties
ORCP 43
Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
ORCP 47
Summary Judgment
ORCP 44
Physical and Mental Examination of Persons; Reports of Examination
ORCP 55
Subpoena
ORCP 59
Instructions to Jury and Deliberation
ORCP 62
Findings of Fact
ORCP 68
Allowance and Taxation of Attorney Fees and Costs and Disbursements
*Effective 01/01/04, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.

ORCP 7
Summons
ORCP 21
Defenses and Objections; How Presented; By Pleading or Motion; Motion for Judgment on the Pleadings
ORCP 32
Class Actions
ORCP 58
Trial Procedure
*Effective 01/01/02, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.
 
ORCP 7
Summons
ORCP 39
Depositions Upon Oral Examination
ORCP 55
Subpoena
ORCP 68
Allowance and Taxation of Attorney Fees and Costs and Disbursements
*Effective 01/01/00, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.

ORCP 7
Summons
ORCP 17
Signing of Pleadings, Motions and Other Papers; Sanctions
ORCP 39
Depositions Upon Oral Examination
ORCP 52
Postponement of Cases
ORCP 55
Subpoena
ORCP 68
Allowance and Taxation of Attorney Fees and Costs and Disbursements
ORCP 69
Default Orders and Judgments
ORCP 72
Stay of Proceedings to Enforce Judgment
*Effective 01/01/98, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.

ORCP 15
Time for Filing Pleadings or Motions
ORCP 22
Counterclaims, Cross-Claims, and Third Party Claims
ORCP 32
Class Actions
ORCP 55
Subpoena
ORCP 57
Jurors
ORCP 58
Trial Procedure
ORCP 69
Default Orders and Judgments
*Effective 01/01/96, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.
 
ORCP 7
Summons
ORCP 32
Class Actions
ORCP 38
Persons Who May Administer Oaths for Depositions; Foreign Depositions
ORCP 39
Depositions Upon Oral Examination
ORCP 46
Failure to Make Discovery; Sanctions
ORCP 68
Allowance and Taxation of Attorney Fees and Costs and Disbursements
ORCP 69
Default Orders and Judgments
*Effective 01/01/94, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.
 
ORCP 7
Summons
ORCP 18
Claims for Relief
ORCP 27
Minor or Incapacitated Persons
ORCP 43
Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
ORCP 55
Subpoena
ORCP 68
Allowance and Taxation of Attorney Fees and Costs and Disbursements
ORCP 69
Default Orders and Judgments
ORCP 70
Form and Entry of Judgment
*Effective 01/01/92, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.
 
ORCP 4
Jurisdiction (Personal)
ORCP 7
Summons
ORCP 10
Time
ORCP 44
Physical and Mental Examination of Persons; Reports of Examination
ORCP 55
Subpoena
ORCP 68
Allowance and Taxation of Attorney Fees and Costs and Disbursements
ORCP 69
Default Orders and Judgments
ORCP 71
Relief from Judgment or Order
ORCP 80
Receivers
*Effective 01/01/90, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.
 
ORCP 1
Scope; Construction; Application; Rule; Citation
ORCP 9
Service and Filing of Pleadings and Other Papers
ORCP 16
Form of Pleadings
ORCP 17
Signing of Pleadings, Motions, and Other Papers; Sanctions
ORCP 39
Depositions Upon Oral Examination
ORCP 44
Physical and Mental Examination of Persons; Reports of Examinations
ORCP 55
Subpoena
ORCP 69
Default Orders and Judgments
ORCP 78
Order or Judgment for Specific Acts
*Effective 01/01/88, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.
 
ORCP 7
Summons
ORCP 16
Form of Pleadings
ORCP 21
Defenses and Objections; How Presented; By Pleading or Motion; Motion for Judgment on the Pleadings
ORCP 32
Class Actions
ORCP 47
Summary Judgment
ORCP 54
Dismissal of Actions; Compromise
ORCP 57
Jurors
ORCP 68
Allowance and Taxation of Attorney Fees and Costs and Disbursements
*Effective 01/01/86, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.
 
ORCP 7
Summons
ORCP 9
Service and Filing of Pleadings and Other Papers
ORCP 21
Defenses and Objections; How Presented; By Pleading or Motion; Motion for Judgment on the Pleadings
ORCP 22
Counterclaims, Cross-Claims, and Third Party Claims
ORCP 40
Depositions Upon Written Questions
ORCP 44
Physical and Mental Exmaination of Persons; Reports of Examinations
ORCP 47
Summary Judgment
ORCP 55
Subpoena
ORCP 59
Instructions to Jury and Deliberation
ORCP 63
Judgment Notwithstanding the Verdict
*Effective 01/01/84, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.
 
ORCP 65 (NEW)
Referees
ORCP 66 (NEW)
Submitted Controversy
ORCP 67 (NEW)
Judgments
ORCP 68 (NEW)
Allowance and Taxation of Attorney Fees, Costs, and Disbursements
ORCP 69 (NEW)
Default
ORCP 70 (NEW)
Form and Entry of Judgment
ORCP 71 (NEW)
Relief from Judgment or Order
ORCP 72 (NEW)
Stay of Proceedings to Enforce Judgment
ORCP 73 (NEW)
Judgments by Confession
ORCP 74
Reserved
ORCP 75
Reserved
ORCP 76
Reserved
ORCP 77
Reserved
ORCP 78 (NEW)
Order or Judgment for Specific Acts
ORCP 79 (NEW)
Temporary Restraining Orders and Preliminary Injunctions
ORCP 80 (NEW)
Receivers
ORCP 81 (NEW)
Definitions; Notice of Levy; Service; Adverse Claimants
ORCP 82 (NEW)
Security; Bonds and Undertakings; Justification of Sureties
ORCP 83 (NEW)
Provisional Process
ORCP 84 (NEW)
Attachment
ORCP 85 (NEW)
Claim and Delivery
ORCP 4 (AMENDED)
Personal Jurisdiction
ORCP 7 (AMENDED)
Summons
ORCP 9 (AMENDED)
Service and Filing of Pleadings and Other Papers
ORCP 10 (AMENDED)
Time
ORCP 21 (AMENDED)
Defenses and Objections; How Presented; by Pleading or Motion; Motion for Judgment on the Pleadings
ORCP 22 (AMENDED)
Counterclaims, Cross-Claims, and Third Party Claims
ORCP 23 (AMENDED)
Amended and Supplemental Pleadings
ORCP 25 (AMENDED)
Effect of Proceeding after Motion or Amendment
ORCP 26 (AMENDED)
Real Party in Interest; Capacity of Partnerships and Associations
ORCP 32 (AMENDED)
Class Actions
ORCP 36 (AMENDED)
General Provisions Governing Discovery
ORCP 39 (AMENDED)
Depositions upon Oral Examination
ORCP 46 (AMENDED)
Failure to Make Oiscovery; Sanctions
ORCP 52 (AMENDED)
Postponement of Cases
ORCP 54 (AMENDED)
Dismissal of Actions; Compromise
ORCP 55 (AMENDED)
Subpoena
ORCP 60 (AMENDED)
Motion for Directed Verdict
ORCP 63 (AMENDED)
Judgment Notwithstanding the Verdict
ORCP 64 (AMENDED)
New Trials
ORS SECTIONS AMENDED
20.100; 20.220; 23.040; 23.050; 23.310; 29.178
ORS SECTIONS SUPERSEDED
CHAPTER 17
17.003, 17.705, 17.710, 17.720, 17.725, 17.730, 17.735, 17.740, 17.745, 17.750, 17.755, 17.760, 17.765

CHAPTER 18
18.010, 18.030, 18.040, 18.050, 18.060, 18.070, 18.080, 18.090, 18.100, 18.110, 18.115, 18.120, 18.125, 18.135, 18.160

CHAPTER 20
20.010, 20.020, 20.040, 20.050, 20.055, 20.060, 20.110, 20.210, 20.230

CHAPTER 23
23.020, 23.080, 23.090, 23.740, 23.810, 23.820, 23.830, 23.840, 23.850, 23.860, 23.870, 23.880, 23.890, 23.900, 23.910, 23.920, 23.930

CHAPTER 26
26.010, 26.020, 26.030, 26.040, 26.110, 26.120, 26.130

CHAPTER 27
27.010, 27.020, 27.030

CHAPTER 29
29.010, 29.020, 29.025, 29.030, 29.035, 29.045, 29.050, 29.055, 29.060, 29.065, 29.070, 29.075, 29.080, 29.085, 29.090, 29.095, 29.110, 29.120, 29.130, 29.140, 29.50, 29.160, 29.170, 29.180, 29.190, 29.200, 29.210, 29.220, 29.230, 29.240, 29.250, 29.260, 29.270, 29.280, 29.290, 29.300, 29.310, 29.320, 29.330, 29.340, 29.350, 29.360, 29.370, 29.380, 29.390, 29.400, 29.410, 29.520, 29.530, 29.540, 29.550, 29.560, 29.570, 29.580, 29.590, 29.600, 29.610, 29.620, 29.630, 29.640, 29.650, 29.660, 29.670, 29.680, 29.690, 29.700, 29.710, 29.720, 29.730, 29.740

CHAPTER 31
31.010, 31.020, 31.030, 31.040

CHAPTER 32
32.010, 32.020, 32.030, 32.040, 32.050, 32.060

CHAPTER 34
34.820

CHAPTER 45
45.050

RECOMMENDED STATUTORY AMENDMENT
ORCP 7
*Effective 01/01/82, subject to amendment by the Legislature. A document which includes any changes by the Legislature will be posted in the near future.

ORCP 1
Scope; Construction; Application; Citation
ORCP 2
One Form of Action
ORCP 3
Commencement of Action
ORCP 4
Personal Jurisdiction
ORCP 5
Jurisdiction in Rem
ORCP 6
Personal Jurisdiction Without Service of Summons.
ORCP 7
Summons
ORCP 8
Process
ORCP 9
Service and Filing of Pleadings and Other Papers
ORCP 10
Time
ORCP 12
Pleadings Liberally Construed; Disregard of Error
ORCP 13
Kinds of Pleadings Allowed; Former Pleadings Abolished
ORCP 14
Motions
ORCP 15
Time for Filing Pleadings or Motions
ORCP 16
Form of Pleading
ORCP 17
Subscription of Pleadings
ORCP 18
Claims for Relief
ORCP 19
Responsive Pleadings
ORCP 20
Special Pleading Rules
ORCP 21
Defenses and Objections; How Presented: by Pleading or Motion; Motion for Judgment On the Pleadings
ORCP 22
Counterclaims, Cross-claims, and Third Party Claims
ORCP 23
Amended and Supplemental Pleadings
ORCP 24
Joinder of Claims
ORCP 26
Real Party in Interest
ORCP 27
Minor or Incapacitated Parties
ORCP 28
Joinder of Parties
ORCP 29
Joinder of Persons Needed for Just Adjudication
ORCP 30
Misjoinder and Nonjoinder of Parties
ORCP 31
Interpleader
ORCP 32
Class Actions
ORCP 33
Intervention
ORCP 34
 Substitution of Parties
ORCP 36
General Provisions Governing Discovery
ORCP 37
Perpetuation of Testimony or Evidence Before Action or Pending Appeal
ORCP 38
Persons Who May Administer Oaths for Depositions; Foreign Depositions
ORCP 39
Depositions upon Oral Examination
ORCP 40
Depositions upon Written Questions
ORCP 41
Effect of Errors and Irregularities in Depositions
ORCP 43
Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
ORCP 44
Physical and Mental Examination of Persons; Reports of Examinations
ORCP 45
Requests for Admission
ORCP 46
Failure to Make Discovery; Sanctions
ORCP 47
Summary Judgment
ORCP 50
Jury Trial of Right
ORCP 51
Issues; Trial by Jury or by the Court
ORCP 52
Postponement of Cases
ORCP 53
Consolidation; Separate Trials
ORCP 54
Dismissal of Actions; Compromise
ORCP 55
Subpoena
ORCP 56
Trial by Jury Defined
ORCP 57
Jurors
ORCP 58
Trial Procedure
ORCP 59
Instructions to Jury and Deliberation
ORCP 60
Motion for a Directed Verdict
ORCP 61
Verdicts, General and Special
ORCP 62
Findings of Fact
ORCP 63
Judgment Notwithstanding the Verdict
ORCP 64
New Trials
ORS SECTIONS SUPERSEDED
CHAPTER 11
11.010, 11.020, 11.050, 11.060

CHAPTER 13
13.010, 13.020, 13.030, 13.041, 13.051, 13.060, 13.070, 13.080, 13.090, 13.110, 13.120, 13.130, 13.140, 13.150, 13.161, 13.170, 13.180, 13.190, 13.210, 13.220, 13.230, 13.240, 13.250, 13.260, 13.270, 13.280, 13.290, 13.300, 13.320, 13.330, 13.340, 13.350, 13.360, 13.370, 13.380, 13.390

CHAPTER 14
14.010, 14.020, 14.035

CHAPTER 15
15.010, 15.020, 15.030, 15.040, 15.060, 15.070, 15.080, 15.085, 15.090, 15.110, 15.120, 15.130, 15.140, 15.150, 15.160, 15.170, 15.180, 15.190, 15.200, 15.210, 15.220

CHAPTER 16
16.010, 16.020, 16.030, 16.040, 16.050, 16.060, 16.070, 16.080, 16.090, 16.100, 16.110, 16.120, 16.130, 16.140, 16.150, 16.210, 16.221, 16.240, 16.250, 16.260, 16.270, 16.280, 16.290, 16.305,
16.315, 16.320, 16.325, 16.330, 16.340, 16.360, 16.370, 16.380, 16.390, 16.400, 16.410, 16.420, 16.430, 16.460, 16.480, 16.490, 16.500, 16.510, 16.530, 16.540, 16.610, 16.620, 16.630, 16.640,
16.650, 16.660, 16.710, 16.720, 16.730, 16.740, 16.760, 16.765, 16.770, 16.780, 16.790, 16.800, 16.810, 16.820, 16.830, 16.840, 16.850, 16.860, 16.870, 16.880

CHAPTER 17
17.002, 17.010, 17.015, 17.020, 17.025, 17.030, 17.033, 17.035, 17.040, 17.045, 17.050, 17.055, 17.105, 17.110, 17.115, 17.120, 17.125, 17.130, 17.135, 17.140, 17.145, 17.150, 17.155, 17.160, 17.165, 17.170, 17.175, 17.180, 17.185, 17.190, 17.205, 17.210, 17.215, 17.220, 17.225, 17.235, 17.240, 17.245, 17.255, 17.305, 17.310, 17.320, 17.325, 17.330, 17.335, 17.340, 17.345, 17.350, 17.355, 17.360, 17.405, 17.410, 17.415, 17.420, 17.425, 17.431, 17.435, 17.441, 17.505, 17.510, 17.515, 17.605, 17.610, 17.615, 17.620, 17.625, 17.630

CHAPTER 18
18.020, 18.105, 18.140, 18.210, 18.220, 18.230, 18.240, 18.250, 18.260, 18.310

CHAPTER 20
20.030

CHAPTER 23
23.010

CHAPTER 29
29.040, 29.510

CHAPTER 30
30.350

CHAPTER 35
35.225

CHAPTER 41
41.616, 41.617, 41.618, 41.620, 41.622, 41.626, 41.631, 41.635, 41.915, 41.920, 41.925, 41.935, 41.940

CHAPTER 44
44.110, 44.120, 44.130, 44.140, 44.160, 44.171, 44.180, 44.190, 44.200, 44.210, 44.220, 44.230, 44.610, 44.620, 44.630, 44.640

CHAPTER 45
45.030, 45.110, 45.120, 45.140, 45.151, 45.161, 45.171, 45.185, 45.190, 45.200, 45.230, 45.240, 45.280, 45.320, 45.325, 45.330, 45.340, 45.350, 45.360, 45.370, 45.410, 45.420, 45.430, 45.440,
45.450, 45.460, 45.470, 45.910

CHAPTER 46
46.110, 45.155, 46.160

CHAPTER 52
52.150, 52.160

CHAPTER 174
174.120


CHAPTER 441
441.810