Many, many years ago (2006!) I challenged readers of this OLR blog with a question AND promised to post an answer: “Do any and all of these rules allow for “out of cycle” amendments: UTCR, SLR, ORCP, and ORAP?” I can’t find a 2006 blog post that would have answered the question so here is my “I’m still learning” answer and corrections are welcome:
UTCR (August 1st) — Qualified. See UTCR 1.050(1)(c).
SLR (February 1st) — Qualified. See ORS 3.220(2)(b).
ORCP (January 1, biennial) – Proposed rules must be approved by the Legislature. Out of cycle amendment not likely and highly unusual. The relationship between the CCP and the legislature is pretty specific, see ORS 1.725 et seq., and permitting informal rule amendments would create the potential for much mischief. However, if the legislature were to sit in special session, there is nothing that would prevent an “out-of-cycle” amendment in that way. And see, especially, the information at the Oregon Council on Court Procedures – and sign up for their email updates – and read their meeting minutes. Enlightening, fascinating, and totally wonkish. I recommend it to every new lawyer.
ORAP (January 1, biennial) — Qualified. See ORAP 1.10(2). Check the order(s) establishing the ORAP Committee, but generally out-of-cycle amendments are permitted if certain conditions are met. Permanent and Temporary Rules are published in the Advance Sheets. Temporary Rules lapse if not made Permanent.