"These rules govern procedure and practice 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. "
ORCP 1 A
The original Council on Court Procedures drafted a comprehensive set of civil trial court rules bearing the title “Oregon Rules of Civil Procedure” (“ORCP”) for submission to the 1979 Legislature. The Legislature, with a few changes, adopted the ORCP by statute to become effective January 1, 1980.
Since enactment of the original ORCP, the primary function of the Council has been to amend the ORCP from time to time whenever the need for, or utility of, amendment is demonstrated. ORCP amendments are formally reported to the Legislature at the beginning of each odd-numbered regular session. Amendments become effective as law on the January 1 following adjournment of a session unless the Legislature, by statute, amends, rescinds, or supplements them. The Legislature has reserved not only the power to rescind or to modify ORCP amendments reported to it by the Council, but also to amend the ORCP on its own initiative, a power it has exercised from time to time.