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Rule 1.Scope; Construction; Application; Rule; Citation

Current through June 1, 2026 · Last verified July 11, 2026

In one sentenceRule 1 sets the boundaries for the whole rule book: which courts and cases it covers, how to read it, what counts as a signature, affidavit, or declaration, and how to cite a rule by section, subsection, paragraph, subparagraph, and part.

Full Text of Rule 1

Text sizeJump to: A. B. C. D. E. F. G.

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.
(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.
(2) As used in these rules, “signature” and “signed” mean the person's name subscribed on the document.
(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.
(4) As used in these rules, “declaration” means a statement signed under penalty of perjury.
(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.
(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.”
(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).
End

Amendment History

[CCP 12/2/78; amended by 1979 c.284 § 7; § D amended by 1981 c.898 § 3; § D amended by 1981 s.s.c.1 § 21; § E amended by CCP 12/13/86; § A amended by 1995 c.658 § 117 7/18/95; § E added by 2003 c.194 § 1 eff. 1/1/04; § F added by CCP 12/13/08 eff. 1/1/10; § E amended by 2013 c.218 § 9 eff. 1/1/2014; § E amended by CCP 12/6/14, eff. 1/1/2016; amended 12/14/2024.]

Plain-English Summary

Rule 1 works like the instructions printed on the box before you open the rules themselves. Sections A through C mark out where the Oregon Rules of Civil Procedure apply — Oregon’s circuit courts, for nearly every civil case, whether it used to be called an action at law or a suit in equity — and note that small-claims departments and other Oregon courts follow these rules only when a separate rule or statute extends them there. Section B says to read every rule with one goal in mind: reaching a just, speedy, and inexpensive result. Section C explains how a rule change affects cases already in progress — the new version applies unless a judge decides that would be unworkable or unjust, in which case the older procedure controls.

Section D defines the vocabulary the rest of the rules lean on. “These rules” means Oregon Rules of Civil Procedure 1 through 85 as a set, and a plain “rule” or “rules” means one promulgated through the state’s own rulemaking process — a definition that leaves individual courts free to adopt their own local rules on anything these rules don’t already cover. A “signature” is a person’s name written on a document. An “affidavit” is a statement sworn or affirmed before someone authorized to administer oaths. A “declaration” is a statement signed under penalty of perjury instead. And wherever a rule says “attorney,” “lawyer,” or “counsel,” that includes associate members of the Oregon State Bar acting within the scope their associate license allows.

Sections E through G round out the housekeeping. A declaration can stand in for an affidavit almost anywhere these rules call for one, as long as it carries specific language above the signature — one version for declarants signing inside the United States, another for declarants who are physically outside the country when they sign. Section F confirms that documents these rules mention exchanging, serving, entering, or filing can take electronic form as well as paper, subject to whatever the court where the case is pending allows. And section G explains how to cite a rule with precision, breaking a citation down into section, subsection, paragraph, subparagraph, and part — for example, ORCP 7 D(3)(a)(iv)(A).

Frequently Asked Questions

What is the difference between an affidavit and a declaration under these rules?

An affidavit is a statement sworn or affirmed before someone authorized to administer oaths, such as a notary. A declaration is a statement the signer certifies as true under penalty of perjury, without needing to appear before anyone to take an oath. Rule 1 lets a declaration stand in for an affidavit almost anywhere these rules call for one, provided it carries the required language above the signature.

Does a declaration need different wording depending on where it is signed?

Yes. A declaration signed within the United States must include a sentence, printed prominently just above the signature, stating that the statement is true to the best of the declarant’s knowledge and belief and is made for use as evidence subject to the penalty for perjury. A declaration signed outside the United States (and outside Puerto Rico, the Virgin Islands, and other U.S. territories) must instead include language confirming the declarant’s location, along with the date and place of signing.

Can documents be filed electronically under the Oregon Rules of Civil Procedure?

Yes. Rule 1 F treats any reference in these rules to a document being exchanged, served, entered, or filed as covering electronic images or other digital versions of that document, in addition to paper. Whether a specific court accepts electronic filing in a given case still depends on that court’s own rules.

How do I read a citation like ORCP 7 D(3)(a)(iv)(A)?

Rule 1 G explains the format using that exact example: it breaks a citation down as Rule 7, section D, subsection (3), paragraph (a), subparagraph (iv), part (A) — each level nested inside the one before it, from the broadest (the section, a bare letter like D) down to the narrowest (a part, a capital letter in parentheses like (A)).

Does an “attorney” under these rules always mean a fully licensed, active-status lawyer?

Not always. Rule 1 D(5) says that wherever these rules refer to an “attorney,” “lawyer,” or “counsel,” that includes an associate member of the Oregon State Bar practicing within the scope of practice the associate license allows, not only attorneys admitted to full, active membership.

Do the Oregon Rules of Civil Procedure apply in small claims court?

Only to a limited extent. Rule 1 A says these rules govern the small claims department of circuit courts, and other Oregon courts besides the circuit courts, only when a separate rule or statute makes them applicable there. Absent that kind of cross-reference, a small claims case follows its own, separate procedure.

Source & verification. The rule text is reproduced verbatim from the official Oregon Rules of Civil Procedure (ORCP 1). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. · Official source
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