History of the Council
Oregon's rules governing procedures in the trial courts had been enacted as statutes by the Legislature. The 1977 Legislature, recognizing that no coordinated system for continuing review of the Oregon laws relating to civil procedure existed, created the Council on Court Procedures to coordinate and study proposals related to civil procedure and to promulgate comprehensive rules of civil procedure governing pleading, procedure, and practice in all of Oregon's trial courts. The Council's authorizing statute is ORS 1.730.
Origins
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.
Ongoing Responsibilities
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.
