Douglas County Courthouse; Photo Credit: Gary Halvorson, Oregon State Archives

 

Baker County Courthouse; Photo Credit: Oregon Judicial Department

 

Coos County Courthouse; Photo Credit: Oregon Judicial Department

 

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?

Suggestions for Amendments

The Council considers proposed rule changes from a wide variety of sources. Council members also consider the potential need for amendments that may arise because of developments in case law, new Oregon statutes or federal legislation, innovations in technology, or changes in legal practice. The Council strives to make sure that the rules remain practical and up to date, and promote the fair and efficient administration of justice. The Council welcomes comments and suggestions regarding the Oregon Rules of Civil Procedure.

 

Timeline and Procedures

The Council has a two year cycle for considering amendments to the Oregon Rules of Civil Procedure. The Council endeavors to draft and mantain workable rules that are written clearly, and also scrutinizes suggested amendments to make sure that ill-advised proposals are screened out. In December of each even-numbered year, the Council promulgates proposed rules or amended rules. Proposals that receive a "super majority" vote of the Council become law about a year later, unless the Legislature decides otherwise. In addition, the Council is available as a resource to the Legislature during each session.


What the Council Does not Do

The Oregon Council on Court Procedures is a public rule-making body. It is not a law firm, and does not provide legal advice or services. It also does not decide cases, discipline attorneys or judges, write substantive laws, modify the rules of evidence, or modify the rules of appellate procedure; those responsibilities are carried out by other institutions (see the Resources button for more information).