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Rule 58.Trial Procedure

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

In one sentenceLays out the default order of proceedings at both jury and bench trials — jury selection, opening statements, evidence, closing arguments, and instructions — plus rules on juror illness, a party's failure to appear, and testimony given by remote means.

Full Text of Rule 58

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

A. MANNER OF PROCEEDINGS ON TRIAL BY THE COURT Trial by the court shall proceed in the manner prescribed in subsection B(3) through subsection B(6) of this rule, unless the court, for good cause stated in the record, otherwise directs.
B. MANNER OF PROCEEDINGS ON JURY TRIAL Trial by a jury shall proceed in the following manner unless the court, for good cause stated in the record, otherwise directs:
(1) The jury must be selected and sworn. Prior to voir dire, each party may, with the court's consent, present a short statement of the facts to the entire jury panel.
(2) After the jury is sworn, the court will instruct the jury concerning its duties, its conduct, the order of proceedings, the procedure for submitting written questions to witnesses if permitted, and the legal principles that will govern the proceedings.
(3) The plaintiff may concisely state plaintiff's case and the issues to be tried; the defendant then, in like manner, may state defendant's case based upon any defense or counterclaim or both.
(4) The plaintiff will introduce the evidence on plaintiff's case in chief, and when plaintiff has concluded, the defendant may do likewise.
(5) The parties respectively may introduce rebutting evidence only unless the court, in furtherance of justice permits them to introduce evidence on the original cause of action, defense, or counterclaim.
(6) When the evidence is concluded, unless the case is submitted by both sides to the jury without argument, the plaintiff may commence and conclude the argument to the jury. The plaintiff may initially waive argument and, if the defendant then argues the case to the jury, the plaintiff will have the right to reply to the argument of the defendant, but not otherwise.
(7) Not more than two counsel may address the jury on behalf of the plaintiff or defendant. Plaintiff and defendant shall each be afforded a minimum of two hours to address the jury, irrespective of how that time is allocated among that side's counsel.
(8) After the evidence is concluded, the court will instruct the jury. The court may instruct the jury before or after the closing arguments.
(9) With the court's consent, jurors may be permitted to submit to the court written questions directed to witnesses or to the court. The court must afford the parties an opportunity, outside of the presence of the jury, to object to questions submitted by jurors.
C. SEPARATION OF JURY BEFORE SUBMISSION OF CAUSE; ADMONITION The jurors may be kept together in charge of a proper officer, or may, in the discretion of the court, at any time before the submission of the cause to them, be permitted to separate; in either case, the jurors may be admonished by the court that it is their duty not to converse with any other person, or among themselves, on any subject connected with the trial, or to express any opinion thereon, until the case is finally submitted to them.
D. PROCEEDINGS IF JUROR BECOMES SICK If, after the formation of the jury, and before verdict, a juror becomes sick, so as to be unable to perform the duty of a juror, the court may order such juror to be discharged. In that case, unless an alternate juror, seated under Rule 57F., is available to replace the discharged juror or unless the parties agree to proceed with the remaining jurors, a new juror may be sworn, and the trial may begin anew; or the jury may be discharged, and a new jury then or afterwards formed.
E. FAILURE TO APPEAR FOR TRIAL When a party who has filed an appearance fails to appear for trial, the court may, in its discretion, proceed to trial and judgment without further notice to the non-appearing party.
F. TESTIMONY BY REMOTE MEANS
(1) Subject to court approval, the parties may stipulate that testimony be taken by remote means. The oath or affirmation may be administered to the witness either in the presence of the person administering the oath, or by remote means, at the discretion of the court.
(2) "Remote means" is defined as any form of real-time electronic communication that permits all participants to hear and speak with each other simultaneously.
(3) Testimony by remote means must be recorded using the court's official recording system, if suitable equipment is available; otherwise, such testimony must be recorded at the expense of and by the party requesting the testimony. Any alternative method and manner of recording is subject to the approval of the court.
(4) A request for testimony by remote means must be made within the time allowed by ORS 45.400 (2).
End

Amendment History

[CCP 12/2/78; § E added by CCP 12/10/94; §§ A, B(1) - B (9) amended by CCP 12/9/2000, eff. 1/1/2002; §§ A-D amended, § F added by CCP 12/10/22, eff. 1/1/2024.]

Plain-English Summary

Rule 58 sets the default script for how a trial unfolds. A bench trial follows the same sequence as the back half of a jury trial — sections B(3) through B(6) — unless the court has good cause, stated on the record, to depart from it. A jury trial begins with selecting and swearing the jury; with the court's consent, each party may give the panel a short factual preview before voir dire. Once sworn, the jury hears preliminary instructions on its duties, conduct, and the order of proceedings. Then come opening statements, the plaintiff's case-in-chief, the defendant's case, and rebuttal evidence. Closing arguments follow: the plaintiff typically opens and has the final word, though a plaintiff who waives the opening argument still gets to reply if the defendant argues the case. No more than two lawyers per side may address the jury, but each side gets at least two hours to do it, however that time is split among counsel. The court instructs the jury after the evidence closes, either before or after closing arguments, and with the court's permission, jurors may submit written questions for witnesses, subject to the parties' chance to object outside the jury's hearing.

The rule also covers what happens around the edges of trial. The jury may be sequestered or, at the court's discretion, allowed to separate before the case is submitted for deliberation, with an admonition either way not to discuss the case or form opinions about it. If a juror becomes too sick to continue, the court can discharge that juror and, absent an available alternate or the parties' agreement to proceed with fewer jurors, either swear in a replacement and start the trial over or discharge the whole jury and empanel a new one. And if a party who has appeared in the case fails to show up for trial, the court may proceed to trial and judgment without giving that party further notice.

Finally, section F addresses testimony taken by remote means — any real-time electronic communication letting everyone hear and speak with each other at once. The parties may stipulate to it, subject to court approval, and the oath may be administered in person or remotely. The testimony must be recorded on the court's official system where available, or at the requesting party's expense otherwise, and any request to testify remotely must be made within the time ORS 45.400(2) allows.

Frequently Asked Questions

Can the plaintiff always get the last word in closing arguments?

Usually, yes. The plaintiff typically opens and closes the argument to the jury. But if the plaintiff waives the opening argument, a reply is only available if the defendant chooses to argue the case; if the defendant doesn't argue, the plaintiff doesn't get a second turn.

How much time does each side get for closing argument?

At least two hours per side, no matter how that time is divided among a side's lawyers. No more than two lawyers per side may address the jury.

What happens if a juror gets sick during trial?

The court may discharge that juror. Unless an alternate is available or the parties agree to continue with the remaining jurors, the court then either swears in a new juror and starts the trial over or discharges the jury entirely and forms a new one.

Can witnesses testify remotely in an Oregon civil trial?

Yes, if the parties stipulate and the court approves. The oath can be given in person or remotely, the testimony must be recorded, and the request must be made within the time ORS 45.400(2) allows.

Source & verification. The rule text is reproduced verbatim from the official Oregon Rules of Civil Procedure (ORCP 58). 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
Also known as: oregon trial order of proceedingsclosing argument time limit oregonremote testimony oregon civil trialjuror becomes ill during trialfailure to appear for trial oregon