Oregon Legal Research BlogVisit the OJD Court Rules website to link to the February 1st, 2015, Supplementary Local Rules
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Oregon 2015 Supplementary Local Rules Available Now
Articles Tagged with Court Rules
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2014 Promulgated Amendments to the Oregon Rules of Civil Procedure (ORCP)
From the report: AMENDMENTS TO THE OREGON RULES OF CIVIL PROCEDURE promulgated by the COUNCIL ON COURT PROCEDURES,
December 6, 2014
“INTRODUCTION
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Watch for the 2015 Oregon Rules of Appellate Procedure
Find 2015 Amendments at the OJD ORAP website, where you will find a full and updated PDF version of the 2015 ORAP shortly. (Or link from the OJD Court Rules homepage.)
Previous blog post on Out of Cycle Oregon Court Rules Amendments.
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Is there a 2014 Oregon Rules of Civil Procedure (ORCP)?
Nope. The ORCP is updated biennially so the 2013 edition online at the Legislature’s Court Rules website is the current one.
The next ORCP will be the 2015 edition of the ORS (Oregon Revised Statutes), which will appear online in early 2016 (after the 2015 Oregon Legislative session). Sometimes there are “out of cycle” amendments, but they are rare. (See previous blog post on the subject: Out of Cycle Changes to Court Rules.)
The authority on all of this is the Council on Court Procedures. You can read the current ORCP at their website and also track proposed amendments.
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Out-of-Cycle Changes to the Uniform Trial Court Rules (UTCR): Request for Public Comment
From OJD:
“There have been a number of out-of-cycle changes to the Uniform Trial Court Rules (UTCR) to facilitate implementation of the Oregon eCourt Program, increase the fee for a pro hac vice application, correct typographical errors, and correct inaccurate website addresses. You can view the changes at the Current Uniform Trial Court Rules webpage.
We encourage all interested parties to submit comment on these changes. The UTCR Committee will review the comments at the meeting scheduled for October 17, 2014. You can post a comment at the web address mentioned above; mail it to the UTCR Reporter at the Office of the State Court Administrator, Supreme Court Building, 1163 State Street, Salem, Oregon 97301-2563; or email it to utcr@ojd.state.or.us. Please submit your comments so that we receive them by 5:00 p.m., August 29, 2014.”
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Oregon Court Rules Updates: ORAP and eCourt: Out of Cycle Amendments
Lawyers know this, but not all self-represented litigants do: you have to know your Court Rules, in cycle adoptions and out of cycle amendments.
For example: Chief Justice Balmer and Chief Judge Haselton recently signed orders adopting temporary amendments to the Oregon Rules of Appellate Procedure (ORAP):
These are new rules regarding PDF-Archival (PDF-A) documents, documents filed under seal, filing deadlines, embedded audio or video files, and much more. See these Chief Justice Orders:
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Proposed Changes to the Oregon Uniform Trial Court Rules (UTCR)
Visit the OJD website for information about the UTCR and proposed changes.
This is also the website you check for Interim Chief Justice Orders (CJO) and Rules Adopted Out-of-Cycle.
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Vanornum II: Are Oregon Rules of Civil Procedure Statutes or Rules?
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:
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Oregon Council on Court Procedures (OCCP): Legislative and Administrative History of Oregon Rules of Civil Procedure (ORCP)
I’ve blogged before about the very useful Oregon Council on Court Procedures website. For those who remember plowing through the print versions of these documents … this website is a miracle!
And if you want to know some history about the OCCP, this website a good place to begin. (As for why the ORCP is buried in the ORS, between Chapters 11 and 12, you’ll need to wait for another OLR blog post. I asked Legislative Counsel this question not long ago but have yet to write up the answer.)
Legislative vs. Administrative Histories:
1) It is not unusual for a legal researcher to ask for a “legislative” history of a statute, when in fact there was no legislature involved in the statute’s, or rule’s, enactment or promulgation.