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Vanornum II: Are Oregon Rules of Civil Procedure Statutes or Rules?

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[Link to Vanorum I.]

See Justice Landau’s concurring opinion in State of Oregon v. Ian George Vanornum (SC S060715), decided December 27, 2013 (on page PDF page 24 or Opinion page 23 or Concurring page 1)

Excerpt:
LANDAU, J., concurring. I write separately to address an issue that the parties did not raise, but that nevertheless made a difference in the outcome of this case and could well make a difference in future cases. That issue concerns the nature of the Oregon Rules of Civil Procedure — specifically, whether they are statutes. In brief, some are statutes, and some are not. It depends on whether they were affirmatively enacted into law by the legislature….” [Link to full opinion.]

Oregon Rules of Civil Procedure (ORCP)

Council on Court Procedures (CCP)