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Oregon Rules of Civil Procedure (ORCP): Effective Dates

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This is a follow-up to my previous post about researching the history of an ORCP rule. (And thank you again to the staff at the Oregon Council on Court Procedures!)

Rules of civil procedure are promulgated in December of even-numbered years, submitted to the legislature at the beginning of the (odd-numbered year) legislative session, and become effective January 1 of the following EVEN-NUMBERED year. So the rules that we promulgate at our December 11, 2010, meeting will be looked at by the legislature in 2011 and will become effective January 1, 2012.

Statutory authority of the Council is found in ORS 1.735.”

2009 ORS 1.735Rules of procedure; limitation on scope and substance; submission of rules to members of bar and Legislative Assembly.

(1) The Council on Court Procedures shall promulgate rules governing pleading, practice and procedure, including rules governing form and service of summons and process and personal and in rem jurisdiction, in all civil proceedings in all courts of the state which shall not abridge, enlarge or modify the substantive rights of any litigant. The rules authorized by this section do not include rules of evidence and rules of appellate procedure. The rules thus adopted and any amendments which may be adopted from time to time, together with a list of statutory sections superseded thereby, shall be submitted to the Legislative Assembly at the beginning of each regular session and shall go into effect on January 1 following the close of that session unless the Legislative Assembly shall provide an earlier effective date. The Legislative Assembly may, by statute, amend, repeal or supplement any of the rules.

(2) A promulgation, amendment or repeal of a rule by the council is invalid and does not become effective unless the exact language of the proposed promulgation, amendment or repeal is published or distributed to all members of the bar at least 30 days before the meeting at which the council plans to take final action on the promulgation, amendment or repeal. If the language of the proposed promulgation, amendment or repeal is changed by the council after consideration of the language at the meeting, the council must publish or distribute notification of the change to all members of the bar within 60 days after the meeting. All changes made to proposed promulgations, amendments or repeals of rules pursuant to the provisions of this subsection must be clearly identified when the promulgation, amendment or repeal is submitted to the Legislative Assembly under subsection (1) of this section. [1977 c.890 §3; 1979 c.284 §1; 1983 c.751 §6; 1993 c.772 §2; 2003 c.110 §1]”

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One response to “Oregon Rules of Civil Procedure (ORCP): Effective Dates”

  1. bruce says:

    I note that the ORCP's don't require the sheriff, or whomeve else serves a legal document, to notify the party hiring him when service is accomplished. I discovered this when I had the Lincoln County Sheriff serve some judgment debtor interrogatories, and after much waiting and wondering I finally contacted the Civil Process section in Newport and was advised that the reason I hadn't been notified was that I hadn't proved a self-addressed and stamped envelope. I could find nothing in the Rules or ORS's which made the Sheriff wrong. Surely this is an oversight, something which an amendment to the ORCP's could fix.

    Bruce L. Melkonian
    Retired lawyer

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