# ORCP 1: Rule 1. Scope

> Oregon · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R1

## Section

- **Citation:** ORCP 1
- **Heading:** Rule 1. Scope
- **Jurisdiction:** Oregon
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Oregon Court Rules / Oregon Rules of Civil Procedure / ORCP 1

## Text

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]

FORM OF
ACTION

## Nearby sections

- [ORCP 1 Rule 1. Scope](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R1.md)
- [ORCP 2 Rule 2](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R2.md)
- [ORCP 3 Rule 3](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R3.md)
- [ORCP 4 Rule 4](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R4.md)
- [ORCP 5 Rule 5](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R5.md)
- [ORCP 6 Rule 6](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R6.md)
- [ORCP 7 Rule 7. Definitions](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R7.md)
- [ORCP 8 Rule 8. Process](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R8.md)
- [ORCP 9 Rule 9. Service;
when required](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R9.md)
- [ORCP 10 Rule 10. Computation](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R10.md)
- [ORCP 11 Rule 11](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R11.md)
- [ORCP 12 Rule 12. Liberal
construction](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R12.md)
- [ORCP 13 Rule 13. Pleadings](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R13.md)
- [ORCP 14 Rule 14. Motions;
in writing; grounds](https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_OR_ORCP_R1. Check the current official text before relying on it. Not legal advice.
