ORCP 1: Scope; Construction; Application; Rule; Citation

A Scope. These rules govern practice and procedure in all circuit courts of this state, except in the small claims department of circuit courts, for all civil actions and special proceedings, whether cognizable as cases at law, in equity, or of statutory origin, except where a different procedure is specified by statute or rule. These rules also govern practice and procedure in all civil actions and special proceedings, whether cognizable as cases at law, in equity, or of statutory origin, for the small claims department of circuit courts and for all other courts of this state to the extent they are made applicable to those courts by rule or statute. Reference in these rules to actions includes all civil actions and special proceedings, whether cognizable as cases at law, in equity, or of statutory origin.

B Construction. These rules will be construed to secure the just, speedy, and inexpensive determination of every action.

C Application. These rules, and amendments thereto, apply to all actions pending at the time of or filed after their effective date, except to the extent that, in the opinion of the court, their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.

D Definitions.

D(1) References to “these rules” include Oregon Rules of Civil Procedure numbered 1 through 85. General references to a “rule” or “rules” mean only a rule or rules of pleading, practice, and procedure established by ORS 1.745, or promulgated under ORS 1.006, 1.735, 2.130, and 305.425, unless otherwise defined or limited. These rules do not preclude a court in which they apply from regulating pleading, practice, and procedure in any manner not inconsistent with these rules.

D(2) As used in these rules, “signature” and “signed” mean the person's name subscribed on the document.

D(3) As used in these rules, “affidavit” means a statement, confirmed by the oath or affirmation of the party signing it, that is sworn to or affirmed before a person authorized by law to administer oaths in the place where the affidavit is signed.

D(4) As used in these rules, “declaration” means a statement signed under penalty of perjury.

D(5) All references in these rules to “attorney,” “lawyer,” or “counsel” include an associate member of the Oregon State Bar practicing law in the member's approved scope of practice.

E Use of declaration under penalty of perjury in lieu of affidavit. A declaration may be used in lieu of any affidavit required or allowed by these rules. The signature for declarations may be in the form approved for electronic filing in accordance with these rules or any other rule of court.

E(1) Declaration made within the United States. A declaration made within the United States must be signed by the declarant and must include the following sentence in prominent letters immediately above the signature of the declarant: “I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.”

E(2) Declaration made outside the boundaries of the United States. A declaration made outside the boundaries of the United States as defined in ORS 194.805 (1) must be signed by the declarant and must include the following language in prominent letters immediately above the signature of the declarant: “I declare under penalty of perjury under the laws of Oregon that the foregoing is true and correct, and that I am physically outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. Executed on the _____ (day) of _____ (month), _____ (year) at __________ (city or other location), __________ (country).”

F Electronic filing. Any reference in these rules to any document that is exchanged, served, entered, or filed during the course of civil litigation will be construed to include electronic images or other digital information in addition to printed versions, as may be permitted by rules of the court in which the action is pending.

G Citation. These rules may be referred to as ORCP and may be cited, for example, by citation of Rule 7, section D, subsection (3), paragraph (a), subparagraph (iv), part (A), as ORCP 7 D(3)(a)(iv)(A).