Rule 1. Scope

A Scope. These rules govern

practice and procedure in all circuit courts of this state, except in the small

claims department of circuit courts, for all civil actions and special

proceedings, whether cognizable as cases at law, in equity, or of statutory

origin, except where a different procedure is specified by statute or rule.

These rules also govern practice and procedure in all civil actions and special

proceedings, whether cognizable as cases at law, in equity, or of statutory

origin, for the small claims department of circuit courts and for all other

courts of this state to the extent they are made applicable to those courts by

rule or statute. Reference in these rules to actions includes all civil actions

and special proceedings, whether cognizable as cases at law, in equity, or of

statutory origin.

B

Construction. These rules will be construed to secure the just, speedy, and inexpensive

determination of every action.

C

Application. These rules, and amendments thereto, apply to all actions pending at the time

of or filed after their effective date, except to the extent that, in the

opinion of the court, their application in a particular action pending when the

rules take effect would not be feasible or would work injustice, in which event

the former procedure applies.

D

Definitions.

D(1)

References to “these rules” include Oregon Rules of Civil Procedure numbered 1

through 85. General references to a “rule” or “rules” mean only a rule or rules

of pleading, practice, and procedure established by ORS 1.745, or promulgated

under ORS 1.006, 1.735, 2.130, and 305.425, unless otherwise defined or

limited. These rules do not preclude a court in which they apply from regulating

pleading, practice, and procedure in any manner not inconsistent with these

rules.

D(2)

As used in these rules, “signature” and “signed” mean the person's name

subscribed on the document.

d procedure established by ORS 1.745, or promulgated

under ORS 1.006, 1.735, 2.130, and 305.425, unless otherwise defined or

limited. These rules do not preclude a court in which they apply from regulating

pleading, practice, and procedure in any manner not inconsistent with these

rules.

D(2)

As used in these rules, “signature” and “signed” mean the person's name

subscribed on the document.

D(3)

As used in these rules, “affidavit” means a statement, confirmed by the oath or

affirmation of the party signing it, that is sworn to or affirmed before a

person authorized by law to administer oaths in the place where the affidavit

is signed.

D(4)

As used in these rules, “declaration” means a statement signed under penalty of

perjury.

D(5)

All references in these rules to “attorney,” “lawyer,” or “counsel” include an

associate member of the Oregon State Bar practicing law in the member's

approved scope of practice.

E Use of

declaration under penalty of perjury in lieu of affidavit. A declaration may be used

in lieu of any affidavit required or allowed by these rules. The signature for

declarations may be in the form approved for electronic filing in accordance

with these rules or any other rule of court.

E(1) Declaration made within the United States. A declaration made within the

United States must be signed by the declarant and must include the following

sentence in prominent letters immediately above the signature of the declarant:

“I hereby declare that the above statement is true to the best of my knowledge

and belief, and that I understand it is made for use as evidence in court and

is subject to penalty for perjury.”

United States. A declaration made within the

United States must be signed by the declarant and must include the following

sentence in prominent letters immediately above the signature of the declarant:

“I hereby declare that the above statement is true to the best of my knowledge

and belief, and that I understand it is made for use as evidence in court and

is subject to penalty for perjury.”

E(2) Declaration made outside the boundaries of the United States. A

declaration made outside the boundaries of the United States as defined in ORS

194.805 (1) must be signed by the declarant and must include the following

language in prominent letters immediately above the signature of the declarant:

“I declare under penalty of perjury under the laws of Oregon that the foregoing

is true and correct, and that I am physically outside the geographic boundaries

of the United States, Puerto Rico, the United States Virgin Islands, and any

territory or insular possession subject to the jurisdiction of the United

States. Executed on the _____ (day) of _____ (month), _____ (year)

at __________ (city or other location), __________ (country).”

F

Electronic filing. Any reference in these rules to any document that is exchanged, served,

entered, or filed during the course of civil litigation will be construed to

include electronic images or other digital information in addition to printed

versions, as may be permitted by rules of the court in which the action is

pending.

G Citation. These rules may be

referred to as ORCP and may be cited, for example, by citation of Rule 7,

section D, subsection (3), paragraph (a), subparagraph (iv), part (A), as ORCP

7 D(3)(a)(iv)(A).

tigation will be construed to

include electronic images or other digital information in addition to printed

versions, as may be permitted by rules of the court in which the action is

pending.

G Citation. These rules may be

referred to as ORCP and may be cited, for example, by citation of Rule 7,

section D, subsection (3), paragraph (a), subparagraph (iv), part (A), as ORCP

7 D(3)(a)(iv)(A).

[CCP 12/2/78;

amended by 1979 c.284 §7; §D amended by 1981 c.898 §3; §D amended by 1981 s.s.

c.1 §21; §E amended by CCP 12/13/86; §A amended by 1995 c.658 §117; amended by

2003 c.194 §1; §F adopted and former §F redesignated as §G and §§D,E,G amended

by CCP 12/13/08; §E amended by 2013 c.218 §9; §§A,E,F amended by CCP 12/6/14; §§A,B,C,D,E,F

amended by CCP 12/14/24]

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