ORS 1.735
Rules 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thus adopted and any amendments which may be adopted from time to time, together with a list of statutory sections superseded thereby, shall be submitted to the Legislative Assembly at the beginning of each odd-numbered year regular session and shall go into effect on January 1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; 2011 c.545 §27]

Source: Section 1.735 — Rules of procedure; limitation on scope and substance; submission of rules to members of bar and Legislative Assembly, https://www.­oregonlegislature.­gov/bills_laws/ors/ors001.­html.

Notes of Decisions

Default procedures of ORCP 7D do not differ substantively from section which that rule replaced and do not violate this section. Harp v. Loux, 54 Or App 840, 636 P2d 976 (1981), Sup Ct review denied

Language “abridge, enlarge or modify the substantive rights of any litigant” allows Council on Court Procedures to determine and make rules regarding procedural steps a litigant must follow to enforce rights but does not allow council to promulgate rules that alter litigant’s rights, duties or remedies available under substantive law. Heritage Properties v. Wells Fargo Bank, 318 Or App 470, 508 P3d 577 (2022)

Law Review Citations

57 OLR 505, 521 (1978)

1.001
State policy for courts 1.002
Supreme Court 1.003
Chief Justice’s powers to appoint Chief Judge and presiding judges 1.004
Supreme Court rules governing coordination of class actions 1.005
Credit card transactions for fees, security deposits, fines and other court-imposed obligations 1.006
Supreme Court rules 1.007
Judicial Department Revolving Account 1.008
Personnel plan, fiscal plan and property plan 1.009
Judicial Department Operating Account 1.010
Powers of courts in administration of court business and proceedings 1.012
State Court Technology Fund 1.020
Contempt punishment 1.025
Duty of court and court officers to require performance of duties relating to administration of justice 1.030
Seal 1.040
Sittings of court to be public 1.050
Time for decision on submitted questions 1.060
Days for transaction of judicial business 1.070
When court deemed appointed for next judicial day 1.080
Place of holding court 1.085
Chief Justice to designate principal location for sitting of courts 1.090
Trial elsewhere than at usual location on agreement of parties 1.110
Adjournment when judge does not attend 1.120
Proceedings unaffected by vacancy in office 1.130
Power to adjourn proceedings 1.140
Manner of addressing application or proceeding to court or judge 1.150
Proceedings to be in English 1.160
Means to carry jurisdiction into effect 1.171
Powers and duties of presiding judge for judicial district 1.175
Docket priorities 1.176
Capital improvements to county courthouses 1.177
State plan for security, emergency preparedness and business continuity for court facilities 1.178
State Court Facilities and Security Account 1.180
Advisory committees on court security and emergency preparedness 1.182
Court facilities security accounts 1.185
County to provide courtrooms, offices and jury rooms 1.187
State to provide supplies and personal property for courts 1.188
Surcharge on fines for courthouse 1.189
Courthouse surcharge accounts 1.194
Definitions for ORS 1.194 to 1.200 1.195
Reports on liquidated and delinquent accounts of state courts 1.196
Agreement for reciprocal offsets 1.197
Assignment of liquidated and delinquent accounts to collection agencies 1.198
Exemptions from requirements of ORS 1.197 1.199
Policies and procedures for exempting accounts from requirements of ORS 1.197 and for ceasing collection efforts 1.200
Effect of ORS 1.194 to 1.200 on authority of judge 1.202
Fee for establishing and administering account for judgment that includes monetary obligation 1.210
Judicial officer defined 1.212
Oath of office for judges 1.220
Judicial officer or partner acting as attorney 1.230
Powers of a judge out of court 1.240
Powers of judicial officers 1.250
Punishment for contempt 1.260
Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts 1.270
Powers of other judicial officers 1.290
Leaves of absence 1.300
Senior judge 1.303
Disability of judge 1.305
Commencement of judicial term of office 1.310
Involuntary retirement of judges for disability 1.410
Commission on Judicial Fitness and Disability 1.415
Powers and duties of commission 1.420
Investigation 1.425
Commission proceedings upon receipt of complaint of disability 1.430
Supreme Court review 1.440
Status of records of proceedings under ORS 1.420 or 1.425 1.450
Status of testimony in proceedings under ORS 1.420 or 1.425 1.460
Judge not to participate in proceedings involving self except in defense 1.470
Service of process 1.475
Procedure when process not obeyed 1.480
Officers 1.525
Uniform citation and petition forms for certain offenses 1.550
Private counsel for judges 1.560
Procedure for employment of private counsel 1.570
Claims for compensation of private counsel 1.600
Appointment pro tempore to Supreme Court or Court of Appeals 1.605
Compensation and expenses for judges under ORS 1.600 1.615
Appointment pro tempore to tax court or circuit court 1.625
Compensation and expenses for judges under ORS 1.615 1.635
Appointment pro tempore of eligible person to tax court or circuit court 1.645
Transfer, challenge, disqualification, supervision of person appointed under ORS 1.635 1.655
Extension and termination of appointment under ORS 1.635 1.665
Compensation and expenses of persons appointed under ORS 1.635 1.675
Judge pro tempore ineligible to participate in selection or removal of Chief Justice, Chief Judge or presiding judge 1.725
Legislative findings 1.730
Council on Court Procedures 1.735
Rules of procedure 1.740
Employment of staff 1.745
Laws on civil pleading, practice and procedure deemed rules of court until changed 1.750
Legislative Counsel to publish rules 1.755
Gifts, grants and donations 1.760
Legislative advisory committee 1.810
Judicial conference 1.820
Function of conference 1.830
Meetings 1.840
Annual report 1.851
Local criminal justice advisory councils 1.855
State Court Administrator to establish registry of justice and municipal courts 1.860
Reports relating to municipal courts and justice courts
Green check means up to date. Up to date

Current through early 2026

§ 1.735’s source at oregon​.gov