ORCP History by Biennium

Promulgated Rules

On December 10, 2022, the Council on Court Procedures voted to promulgate amendments to the Oregon Rules of Civil Procedure (Rule 7, Rule 39, Rule 55, Rule 57, Rule 58, and Rule 68).

These amendments were submitted to the 2023 Legislative Assembly. Pursuant to ORS 1.735, they will become effective January 1, 2024, as the Legislative Assembly did not modify the action of the Council.

The amended rules in the document are set out with both the current and amended language. New language is shown in boldface with underlining, and language to be deleted is italicized and bracketed.

Please note that, during its December 10, 2022, meeting, the Council made changes to the previously published version of ORCP 55 for the following reason:

ORCP 55: The Council voted not to promulgate any of the changes that would have affected the operation or meaning of Rule 55 but, rather, only to adopt the two minor changes intended to insert a missing internal reference and correct a word choice to make it consistent with the Council’s grammatical preference.

Note also that, at the December 10, 2022, meeting, the Council’s published proposed new Rule 35, relating to vexatious litigants, received an affirmative vote of a majority of the Council but failed to achieve an affirmance by the required supermajority and, thus, is not among the promulgated rules.

Staff Comments to Promulgated Rules

Coming Soon

Promulgated Rules

On December 12, 2020, the Council voted to promulgate amendments to five of the Oregon Rules of Civil Procedure (Rules 15, 21, 27, 31, and 55). These promulgated amendments were sent to the Legislature at the beginning of the legislative session in January of 2021 and will became effective as law on January 1, 2022.

The promulgated amendments can be found here and the Council's promulgation letter to the Oregon Legislature can be found here.

Staff Comments to Promulgated Rules

Coming Soon

Promulgated Rules

On December 8, 2018, the Council voted to promulgate amendments to nine of the Oregon Rules of Civil Procedure (Rules 7, 15, 16, 22, 38, 43, 44, 55, and 65). These promulgated amendments were sent to the Legislature at the beginning of the legislative session in January of 2019 and became effective as law on January 1, 2020.

The promulgated amendments can be found here. A cross-reference chart for the reorganized Rule 55 can be found here.

Staff Comments to Promulgated Rules

Staff Comments

These staff comments are provided as a convenience to those who read the Oregon Rules of Civil Procedure and have a general question as to the impetus for a particular amendment during the 2017‐2019 biennium. Language in the staff comments was circulated to members of the Council on Court Procedures, but was not voted on or approved by the Council. The comments are neither legislative history for purposes of construction, as in statutory construction, to determine the intent of the Council in making any amendment, nor do they establish the meaning of any rule that has been amended. For the purpose of construing the Oregon Rules of Civil Procedure, the only authoritative legislative history is found in the Council's minutes of its deliberations, located on this website. If the Legislative Assembly amended a rule, the legislative history for the Legislature's amendment can be found at www.oregonlegislature.gov.

Promulgated Rules

On December 3, 2016, the Council promulgated amendments to eight of the Oregon Rules of Civil Procedure (Rules 9, 22, 27, 36, 43, 45, 47, and 57). These promulgated amendments were sent to the Legislature at the beginning of the legislative session in February of 2017 and became effective as law on January 1, 2018.

Please note that, during its December 3 meeting, the Council made technical changes to the previously published versions of ORCP 9, ORCP 27, and ORCP 45 for one or more of the following reasons:

1. to reflect the correct base text of the existing rule that was erroneously not used during the amendment process;
2. to conform to the conventions and language of the existing Oregon Rules of Civil Procedure; and/or
3. to clarify the intention of the rule changes.

The Council also chose not to adopt changes to ORCP 36 that would affect the meaning and operation of the rule, but did adopt grammatical, stylistic, and formatting changes included in all published versions of ORCP 36, as well as some additional changes for the reasons listed above.

Staff Comments to Promulgated Rules

Staff Comments

These staff comments are provided as a convenience to those who read the Oregon Rules of Civil Procedure and have a general question as to the impetus for a particular amendment during the 2015‐2017 biennium. Language in the staff comments was circulated to members of the Council on Court Procedures, but was not voted on or approved by the Council. The comments are neither legislative history for purposes of construction, as in statutory construction, to determine the intent of the Council in making any amendment, nor do they establish the meaning of any rule that has been amended. For the purpose of construing the Oregon Rules of Civil Procedure, the only authoritative legislative history is found in the Council's minutes of its deliberations, located on this website. If the Legislative Assembly amended a rule, the legislative history for the Legislature's amendment can be found at www.oregonlegislature.gov.

Draft Histories of Promulgated Rules

As the committes and the Council worked on amending the ORCP, these rules went through several iterations. Below is a history of the draft amendments for each rule.

ORCP 9
ORCP 22
ORCP 27: No changes between original draft and promulgation
ORCP 36
ORCP 43
ORCP 45
ORCP 47
ORCP 57: No changes between original draft and promulgation

Promulgated Rules

Promulgated Rules Effective January 1, 2016

The Legislature also passed HB 2911, repealing ORCP 10 B and incorporating the Council's promulgated amendments to Rules 9 F and 10 C (now 10 B), making those amendments effective on June 2, 2015.

The Oregon Legislature also passed HB 2700 amending ORCP 32, effective March 4, 2015.

Staff Comments to Promulgated Rules

Staff Comments

These staff comments are provided as a convenience to those who read the Oregon Rules of Civil Procedure and have a general question as to the impetus for a particular amendment during the 2013‐2015 biennium. Language in the staff comments was circulated to members of the Council on Court Procedures, but was not voted on or approved by the Council. The comments are neither legislative history for purposes of construction, as in statutory construction, to determine the intent of the Council in making any amendment, nor do they establish the meaning of any rule that has been amended. For the purpose of construing the Oregon Rules of Civil Procedure, the only authoritative legislative history is found in the Council's minutes of its deliberations, located on this website. If the Legislative Assembly amended a rule, the legislative history for the Legislature's amendment can be found at www.oregonlegislature.gov.

Draft Histories of Promulgated Rules

As the committes and the Council worked on amending the ORCP, these rules went through several iterations. Below is a history of the draft amendments for each rule.

ORCP 1
ORCP 7
ORCP 9
ORCP 10
ORCP 27
ORCP 46
ORCP 54
ORCP 55
ORCP 67
ORCP 68
ORCP 69
ORCP 73

Promulgated Rules

Promulgated Rules

(Includes amendments made by 77th Legislative Assembly)

Effective January 1, 2014, except for amendments to ORCP 79 E, effective July 29, 2013, by emergency clause.

Draft Histories of Promulgated Rules

ORCP 17
ORCP 19
ORCP 39
ORCP 55
ORCP 57
ORCP 59
ORCP 68

Promulgated Rules

Promulgated Rules

Effective January 1, 2012

(Except amendments to ORCP 7 effective June 17, 2011)

Promulgated Rules with Legislative Amendments

Draft Histories of Promulgated Rules

ORCP 9
ORCP 21
ORCP 36
ORCP 38
ORCP 43
ORCP 54
ORCP 69
ORCP 71

Promulgated Rules

Promulgated Rules

Effective January 1, 2010

Promulgated Rules with Legislative Amendments

Draft Histories of Promulgated Rules

ORCP 1
ORCP 7
ORCP 54
ORCP 55
ORCP 59
ORCP 69

Promulgated Rules

Promulgated Rules

Effective January 1, 2008

Promulgated Rules with Legislative Amendments

Draft Histories of Promulgated Rules

ORCP 7
ORCP 8
ORCP 9
ORCP 32
ORCP 43
ORCP 55
ORCP 63
ORCP 64
ORCP 69

Promulgated Rules

Promulgated Rules

Effective January 1, 2006

Promulgated Rules

Promulgated Rules

Effective January 1, 2004

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 2002

Memoranda & Correspondence

1999-2001 Correspondence
1999-2001 Memoranda

Committee Work Product

ORS 1 Committee
ORCP 7 Committee
ORCP 21 Committee
ORCP 22 Committee
ORCP 34 Committee
ORCP 44/45 Committee
ORCP 44A Committee
ORCP 54 Committee
ORCP 55-57 Committee

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 2000

Memoranda & Correspondence

1997-1999 Correspondence
1997-1999 Memoranda

Committee Work Product

ORCP 7 Committee
ORCP 39 Committee
ORCP 55 Committee
ORCP 68 Committee

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 1998

Memoranda & Correspondence

1995-1997 Correspondence
1995-1997 Memoranda

Committee Work Product

Rule 7 Committee
Rule 17 Committee
Rule 39 Committee
Rule 52 Committee
Rule 55 Committee
Rule 68 Committee
Rule 72 Committee

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 1996

Memoranda & Correspondence

1993-1995 Memoranda
1993-1995 Correspondence

Committee Work Product

Rule 7 Committee
Rule 15A Committee
Rule 57 Committee
Rule 68 Committee
Rule 69 Committee
Class Action Committee
Council Mission Committee
Hospital Records Committee

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 1994

Memoranda 

1991-1993 Memoranda

Committee Work Product

Rule 7 Committee
Rule 36 Committee
Rule 39 Committee
Rule 55 Committee
Rule 68 Committee
Rule 69 Committee
Class Action Committee
Six Person Juries Committee

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 1992

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 1990

Summary of 1990 Changes to ORCP

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 1988

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 1986

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 1984

Summary of 3rd Biennium Rule Changes

Minutes (with Agenda)

08-08-81 Minutes
10-10-81 Minutes
11-14-81 Minutes
01-23-82 Minutes
06-19-82 Minutes
07-31-82 Minutes
09-11-82 Minutes
09-30-82 Minutes
10-23-82 Minutes
12-04-82 Minutes

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 1982

Draft Histories by Rule

Rule 1
Rule 4
Rule 7
Rule 9
Rule 10
Rule 13
Rule 14
Rule 15
Rule 16
Rule 17
Rule 21
Rule 22
Rule 23
Rule 24
Rule 25
Rule 26
Rule 27
Rule 28
Rule 29
Rule 31
Rule 32
Rule 33
Rule 34
Rule 36
Rule 37
Rule 38
Rule 39
Rule 42
Rule 43
Rule 44
Rule 45
Rule 46
Rule 47
Rule 50
Rule 51
Rule 52
Rule 53
Rule 54
Rule 55

Promulgated Rules

Promulgated Rules (Includes Staff Comments)

Effective January 1, 1980

Memoranda & Correspondence

Comment Letters
Memoranda

Draft Histories by Rule/Subject

Introductory Comment
Rule 1
Rule 2
Rule 3
Rule 4
Rule 5
Rule 6
Rule 7
Rule 8
Rule 9
Rule 10
Rule 11
Rule 12
Rule 13
Rule 14
Rule 15
Rule 16
Rule 17
Rule 18
Rule 19
Rule 20
Rule 21
Rule 22
Rule 23
Rule 24
Rule 25
Rule 26
Rule 27
Rule 28
Rule 29
Rule 30
Rule 31
Rule 32
Rule 33
Rule 34
Rule 35
Rule 36
Rule 37
Rule 38
Rule 39
Rule 40
Rule 41
Rule 42
Rule 43
Rule 44
Rule 45
Rule 46
Rule 47
Rule 48
Rule 49
Rule 50