Oregon Rules of Civil Procedure – ORCP 1

The rules of civil procedure apply in all Oregon circuit courts, except small claims court and “except where a different procedure is specified by statute or rule.”  ORCP 1A.  The ORCP does not apply to mandamus proceedings, State ex re Dewberry v. Kulongoski, 346 Or 260, 210 P3d 884 (2009), or in appellate courts.  Strawn v. Farmers Ins. Co., 233 Or App 401, 406 n.3, 226 P3d 86 (2010), aff’d in part, rev’d in part on other grounds, 350 Or 336 (2011).

Have you ever wondered where to find the rule that declarations may be used instead of affidavits?  Look at ORCP 1E: “A declaration under penalty of perjury may be used in lieu of any affidavit required or allowed by these rules.”  This subsection became effective on January 1, 2004.  Relying on this rule, you may submit a declaration instead of an affidavit in support of summary judgment motions (see ORCP 47E).