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Rule 67.Judgments

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

In one sentenceRule 67 defines what counts as a judgment or an order in Oregon, and sets the rules for judgments on fewer than all claims or parties, for relief beyond what the pleadings requested, and for judgments entered by stipulation or against joint obligors.

Full Text of Rule 67

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

A. DEFINITIONS "Judgment" as used in these rules has the meaning given that term in ORS 18.005. "Order" as used in these rules means any other determination by a court or judge that is intermediate in nature.
B. JUDGMENT FOR LESS THAN ALL CLAIMS OR PARTIES IN ACTION When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third party claim, or when multiple parties are involved, the court may render a limited judgment as to one or more but fewer than all of the claims or parties. A judge may render a limited judgment under this section only if the judge determines that there is no just reason for delay.
C. RELIEF GRANTED Every judgment shall grant the relief to which the party in whose favor it is rendered is entitled. A judgment for relief different in kind from or exceeding the amount prayed for in the pleadings may not be rendered unless reasonable notice and opportunity to be heard are given to any party against whom the judgment is to be entered.
D. JUDGMENT IN ACTION FOR RECOVERY OF PERSONAL PROPERTY In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession of the property, or for the value of the property in case a delivery cannot be had, and for damages for the detention of the property. If the property has been delivered to the plaintiff and the defendant claims a return of the property, judgment for the defendant may be for a return of the property, or the value of the property in case a return cannot be had, and damages for taking and withholding the property.
E. JUDGMENT IN ACTION AGAINST PARTNERSHIP, UNINCORPORATED ASSOCIATION, OR PARTIES JOINTLY INDEBTED
(1) Partnership and unincorporated association. Judgment in an action against a partnership or unincorporated association that is sued in any name that it has assumed or by which it is known may be entered against that partnership or association and shall bind the joint property of all of the partners or associates.
(2) Joint obligations; effect of judgment. In any action against parties jointly indebted upon a joint obligation, contract, or liability, judgment may be taken against less than all of those parties and a default, dismissal, or judgment in favor of or against less than all of those parties in an action does not preclude a judgment in the same action in favor of or against the remaining parties.
F. JUDGMENT BY STIPULATION
(1) Availability of judgment by stipulation. At any time after commencement of an action, a judgment may be given upon stipulation that a judgment for a specified amount or for a specific relief may be entered. The stipulation shall be by the party or parties against whom judgment is to be entered and the party or parties in whose favor judgment is to be entered. If the stipulation provides for attorney fees, costs, and disbursements, they may be entered as part of the judgment according to the stipulation.
(2) Filing; assent in open court. The stipulation for judgment may be in a writing signed by the parties, their attorneys, or their authorized representatives. That writing shall be filed in accordance with Rule 9. The stipulation may be subjoined or appended to, and part of, a proposed form of judgment. If not in writing, the stipulation shall be assented to by all parties thereto in open court.
G. JUDGMENT ON PORTION OF CLAIM EXCEEDING COUNTERCLAIM The court may direct entry of a limited judgment as to that portion of any claim that exceeds a counterclaim asserted by the party or parties against whom the judgment is entered, if the party or parties have admitted the claim and asserted a counterclaim amounting to less than the claim.
End

Amendment History

[CCP 12/13/80; §§ A, B, G amended by 2003 c.576 §§ 90 , 261, 568 eff. 1/1/04; § C amended by CCP 12/11/04 eff. 1/1/06; §§ C, D, E, F, G amended by CCP 12/6/14, eff. 1/1/2016.]

Plain-English Summary

Rule 67 opens with definitions: “judgment” carries the meaning given in ORS 18.005, and “order” covers any other court determination that is intermediate rather than final. From there, section C sets the baseline rule for every judgment — it has to grant the relief the winning party is entitled to, and a court cannot award relief different in kind from, or greater than, what the pleadings asked for unless the party who would be bound got reasonable notice and a chance to be heard first. Section B addresses cases with more than one claim (a claim, counterclaim, cross-claim, or third-party claim) or more than one party: the court can enter a limited judgment covering some but not all of them, but only once the judge decides there is no just reason to delay entering it — a way to let a party collect on a resolved piece of the case without waiting on the rest.

The remaining sections cover specific judgment forms. In an action to recover personal property, judgment can order the property’s return, or its value if return is not possible, plus damages for the time it was wrongfully held, running in either direction depending on who prevails. A judgment against a partnership or unincorporated association sued in its own assumed or known name binds the joint property of its partners or associates, and a judgment against parties who are jointly indebted can be taken against fewer than all of them, without shutting the door on a later judgment for or against the rest in the same case. Parties can also enter judgment by stipulation at any point after the case begins — in writing, or announced in open court — and the stipulation can build in agreed attorney fees, costs, and disbursements. Finally, when a defendant admits a claim but asserts a smaller counterclaim against it, the court can enter a limited judgment on the undisputed excess right away, rather than making the plaintiff wait for the counterclaim to be resolved.

Frequently Asked Questions

What is the difference between a judgment and an order in Oregon?

Rule 67 A defines a judgment as having the meaning given in ORS 18.005, while an order is any other court determination that is intermediate in nature rather than final.

Can an Oregon court decide part of a case and let the rest continue?

Yes. Rule 67 B allows a limited judgment on one or more, but fewer than all, of the claims or parties in a case with multiple claims or parties, but only if the judge determines there is no just reason for delay.

Can a judgment award more than what the complaint asked for?

Only if the party against whom the judgment will be entered was given reasonable notice and an opportunity to be heard on the different or greater relief, per Rule 67 C.

Can the parties just agree on a judgment instead of trying the case?

Yes. Rule 67 F allows judgment by stipulation, in a signed writing or by assent in open court, and the stipulation can include agreed attorney fees, costs, and disbursements as part of the judgment.

What happens to a judgment against a partnership sued under its business name?

Under Rule 67 E(1), the judgment may be entered against the partnership or association in that name and binds the joint property of all the partners or associates.

Source & verification. The rule text is reproduced verbatim from the official Oregon Rules of Civil Procedure (ORCP 67). 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 civil judgment ruleslimited judgment oregonjudgment by stipulation oregonwhat counts as a judgment in oregon