Rule 83.Provisional Process

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

In one sentenceRule 83 sets the procedure for obtaining provisional process in Oregon — the sworn petition a plaintiff must file, when a court can act before a hearing, how the show-cause hearing works, and when the court must order the process to issue.

Full Text of Rule 83

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

A. REQUIREMENTS FOR ISSUANCE To obtain an order for issuance of provisional process the plaintiff shall cause to be filed with the clerk of the court from which such process is sought a sworn petition and any necessary supplementary affidavits or declarations requesting specific provisional process and showing, to the best knowledge, information, and belief of the plaintiff, affiant or declarant that the action is one in which provisional process may issue, and:

(1) The name and residence or place of business of the defendant;

(2) Whether the underlying claim is based on a consumer transaction and whether provisional process in a consumer good is sought;

(3)

(a) If the provisional process sought is claim and delivery, a description of the claimed property in particularity sufficient to make possible its identification, and the plaintiff's estimate of the value and location of the property;

(b) If the provisional process sought is a restraining order, a statement of the particular acts sought to be restrained;

(4) Whether the plaintiff's claim to provisional process is based upon ownership, entitlement to possession, a security interest or otherwise;

(5) A copy or verbatim recital of any writing or portion of a writing, if plaintiff relies upon a writing, which evidences the origin or source of the plaintiff's claim to provisional process;

(6) Whether the claimed property is wrongfully detained by the defendant or another person;

(7) Whether the claimed property has been taken by public authority for a tax, assessment, or fine;

(8) If the plaintiff claims that the defendant has waived the right to be heard, a copy of the writing evidencing such waiver and a statement of when and in what manner the waiver occurred;

(9) Facts, if any, which tend to establish that there is a substantial danger that the defendant or another person is engaging in, or is about to engage in, conduct which would place the claimed property in danger of destruction, serious harm, concealment, removal from this state, or transfer to an innocent purchaser;

(10) Facts, if any, which tend to establish that without restraint immediate and irreparable injury, damage, or loss will occur;

(11) Facts, if any, which tend to establish that there is substantial danger that the defendant or another person probably would not comply with a temporary restraining order; and

(12) That there is no reasonable probability that the defendant can establish a successful defense to the underlying claim.

B. PROVISIONAL PROCESS PROHIBITED IN CERTAIN CONSUMER TRANSACTIONS No court shall order issuance of provisional process to effect attachment of a consumer good or to effect attachment of any property if the underlying claim is based on a consumer transaction. Provisional process authorized by Rule 85 may issue in consumer transactions.

C. EVIDENCE ADMISSIBLE; CHOICE OF REMEDIES AVAILABLE TO COURT

(1) The court shall consider the affidavit, declaration or petition filed under section A. of this rule and may consider other evidence including, but not limited to, an affidavit, a declaration, a deposition, an exhibit or oral testimony.

(2) If from the affidavit, declaration or petition or other evidence, if any, the court finds that a complaint on the underlying claim has been filed and that there is probable cause for sustaining the validity of the underlying claim, the court shall consider whether it shall order issuance of provisional process, as provided in section D. of this rule, or a restraining order, as provided in section E. of this rule, in addition to a show cause order. The finding under this subsection is subject to dissolution upon hearing.

D. ISSUANCE OF PROVISIONAL PROCESS WHERE DAMAGE TO PROPERTY THREATENED Subject to section B. of this rule, if the court finds that before hearing on a show cause order the defendant or other person in possession or control of the claimed property is engaging in, or is about to engage in, conduct which would place the claimed property in danger of destruction, serious harm, concealment, removal from this state, or transfer to an innocent purchaser or that the defendant or other person in possession or control of the claimed property would not comply with a temporary restraining order, and if Rule 82A. has been complied with, the court shall order issuance of provisional process in property which probably would be the subject of such destruction, harm, concealment, removal, transfer, or violation. Where real property is subject to provisional process as provided by this section, the plaintiff shall have recorded in the County Clerk Lien Record a certified copy of that order.

E. RESTRAINING ORDER TO PROTECT PROPERTY Subject to section B. of this rule, where hearing on a show cause order is pending or where the court finds that because of impending injury, destruction, transfer, removal, or concealment of the property in which provisional process is sought there is probable cause to believe that immediate and irreparable injury, damage, or loss to the plaintiff is imminent, and if Rule 82A. has been complied with, the court in its discretion may issue a temporary order directed to the defendant and each other person in possession or control of the claimed property restraining the defendant and each such other person from injuring, destroying, transferring, removing, or otherwise disposing of property and requiring the defendant and each such other person to appear at a time and place fixed by the court and show cause why such restraint should not continue during pendency of the proceeding on the underlying claim. Such order shall conform to the requirements of Rule 79D. A restraining order under this section does not create a lien.

F. APPEARANCE; HEARING; SERVICE OF SHOW CAUSE ORDER; CONTENT; EFFECT OF SERVICE ON PERSON IN POSSESSION OF PROPERTY

(1) Subject to section B. of this rule, the court shall issue an order directed to the defendant and each person having possession or control of the claimed property requiring the defendant and each such other person to appear for hearing at a place fixed by the court and at a fixed time after the third day after service of the order and before the seventh day after service of the order to show cause why provisional process should not issue. Upon request of the plaintiff the hearing date may be set later than the seventh day.

(2) The show cause order issued under subsection (1) of this section shall be served on the defendant and on each other person to whom the order is directed.

(3) The order shall:

(a) State that the defendant may file affidavits or declarations with the court and may present testimony at the hearing; and

(b) State that if the defendant fails to appear at the hearing the court will order issuance of the specific provisional process sought.

(4) If at the time fixed for hearing the show cause order under subsection (1) of this section has not been served on the defendant but has been served on a person in possession or control of the property, and if Rule 82A. has been complied with, the court may restrain the person so served from injuring, destroying, transferring, removing, or concealing the property pending further order of the court or continue a temporary restraining order issued under section E. of this rule. Such order shall conform to the requirements of Rule 79D. Any restraining order issued under this subsection does not create a lien.

G. WAIVER; ORDER WITHOUT HEARING If after service of the order issued under subsection F.(1) of this rule, the defendant by a writing executed by or on behalf of the defendant after service of the order expressly declares that defendant is aware of the right to be heard and does not want to be heard, that defendant expressly waives the right to be heard, that defendant understands that upon signing the writing the court will order issuance of the provisional process sought so that the possession or control of the claimed property will be taken from the defendant or another person, the court, subject to section B. of this rule without hearing shall order issuance of provisional process.

H. AUTHORITY OF COURT ON SUSTAINING VALIDITY OF UNDERLYING CLAIM; PROVISIONAL PROCESS; RESTRAINING ORDER

(1) Subject to section B. of this rule, if the court on hearing on a show cause order issued under section F. of this rule finds that there is probable cause for sustaining the validity of the underlying claim and if Rule 82A. has been complied with, the court shall order issuance of provisional process. The order shall describe with particularity the provisional process which may be issued.

(2) Subject to section B. of this rule, if the court on hearing on a show cause order issued under section F. of this rule finds that there is probable cause for sustaining the validity of the underlying claim but that the provisional process sought cannot properly be ordered, and if Rule 82A. has been complied with, the court in its discretion may continue or issue a restraining order of the nature described in section E. of this rule. If a restraining order is issued, it shall conform to the requirements of Rule 79D. A restraining order under this subsection does not create a lien.

End

Amendment History

[CCP 12/13/80; § E amended by 1987 c.586 § 44; §§ A amended by 1991 c.83 § 6 ; § D amended by 1991 c.83 § 7 ; §§ A, C, G amended by 2003 c.194 § 18 eff. 1/1/04; CCP 12/11/04 eff. 1/1/06; § F amended by 2005 c.22 § 4b eff. 1/1/06]

Plain-English Summary

Rule 83 is the engine room for Oregon’s provisional remedies. To ask a court for provisional process — attachment, claim and delivery, or a restraining order tied to one of those remedies — the plaintiff has to file a sworn petition, backed by affidavits or declarations if needed, addressing points like who the defendant is, whether the underlying claim comes from a consumer transaction, the description, value, and location of any property involved, the source of the plaintiff’s claim to it, and any facts showing the property’s in danger of being destroyed, hidden, moved out of state, or sold to an innocent buyer. Attachment can’t reach a consumer good, or any other property, when the underlying claim arises from a consumer transaction — the one exception being claim and delivery under Rule 85, which stays available even in consumer cases.

If the court finds probable cause for the underlying claim and sees a real danger that the property will be moved, damaged, hidden, or sold before a hearing can happen — or that the defendant wouldn’t comply with a temporary restraining order — it can order the provisional process to issue right away, or issue a temporary restraining order to protect the property, before the defendant is ever heard, so long as the plaintiff has already posted the security Rule 82 requires. Otherwise the usual path is a show-cause order: the defendant and anyone holding the property must appear at a hearing set for sometime between the third and seventh day after service, where the defendant can file affidavits and testify, and where failing to show up means the court will order the process the plaintiff asked for.

A defendant can also skip the hearing by signing a written waiver that expressly gives up the right to be heard, letting the court order the process without any hearing at all. And once the hearing does happen, a court that finds probable cause for the underlying claim must order the specific provisional process requested; if probable cause exists but that particular process isn’t available, the court can instead issue or continue a restraining order — conforming to Rule 79D and creating no lien — to hold the property in place until the underlying claim is resolved.

Frequently Asked Questions

What must a plaintiff show to obtain an order for provisional process?

The plaintiff must file a sworn petition, with any needed supplementary affidavits or declarations, addressing points such as the defendant’s name and address, whether the claim arises from a consumer transaction, a description and estimated value of any property involved, the source of the plaintiff’s claim to it, and facts showing the property’s in danger of destruction, concealment, removal, or transfer before a hearing can be held.

Can provisional process be used to attach property connected to a consumer transaction?

No, with one exception. No court can order attachment of a consumer good, or of any property, if the underlying claim is based on a consumer transaction. Claim and delivery under Rule 85, though, can still issue in a consumer transaction.

Can a court order provisional process before the defendant gets a hearing?

Yes, in narrow circumstances. If, before a show-cause hearing can be held, the court finds the defendant or another person is about to destroy, hide, remove, or transfer the property, or wouldn’t comply with a temporary restraining order, and the security Rule 82 requires has been posted, the court has to order the provisional process to issue.

How soon must a show-cause hearing be held after the defendant is served?

At a time set by the court that falls after the third day and before the seventh day after service of the order, unless the plaintiff asks for a later date.

Can a defendant waive the right to a hearing on provisional process?

Yes. If, after being served, the defendant signs a writing expressly stating that the defendant is aware of the right to be heard, doesn’t want to be heard, and understands the court will order the provisional process to issue, the court will order it without a hearing.

What must the court find at the show-cause hearing to order provisional process?

The court must find probable cause for sustaining the validity of the underlying claim, and the resulting order must describe with particularity the provisional process that may issue. If probable cause exists but the specific process sought isn’t available, the court can instead continue or issue a restraining order to protect the property.

Does a restraining order issued to protect property under Rule 83 create a lien on the property?

No. A restraining order issued under Rule 83 to protect property while provisional process is sought has to conform to the requirements of Rule 79D, but it doesn’t create a lien on the property.

Source & verification. The rule text is reproduced verbatim from the official Oregon Rules of Civil Procedure (ORCP 83). 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 provisional process petitionhow to get a writ of attachment in oregonshow cause hearing oregon attachmentoregon restraining order to protect property before judgmentprovisional remedy procedure oregon