JURY TRIAL OF RIGHT The right of trial by jury as declared by the Oregon Constitution or as given by a statute shall be preserved to the parties inviolate.
Rule 50.Jury Trial
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceWhenever the Oregon Constitution or a statute gives a party the right to a jury trial in a civil case, this rule guarantees that the courts will honor it and forbids narrowing that right through procedural rulemaking.
Full Text of Rule 50
Amendment History
[CCP 12/2/78] Library References Steverson, Interspousal Tort Claims in a Divorce Action in Oregon, 31 Willamette L. Rev. 757 (1995).
Plain-English Summary
Rule 50 states a single guarantee: if the Oregon Constitution or a statute entitles a party to a jury trial in a civil case, the courts must honor that entitlement in full. The rule insists the right be preserved inviolate, language that tells judges they cannot chip away at it through case management decisions, local practice, or convenience.
The rule does not create the right to a jury trial on its own. It draws on two sources: the Oregon Constitution, principally Article I, section 17, and Article VII (Amended), section 3, and any statute that grants a jury trial in a particular kind of case. Where neither source grants the right, Rule 51 explains how the court decides whether the case still goes to a jury.
Frequently Asked Questions
Does Rule 50 create a right to a jury trial in every civil case?
No. Rule 50 preserves whatever right to a jury trial already exists under the Oregon Constitution or a statute — it does not expand that right to cases where the constitution and statutes do not provide one. Rule 51 sets out how a court decides whether a jury right exists and what happens when it does not.
Can the parties agree to skip a jury and let a judge decide the case?
Yes. Rule 51 C allows the parties to waive a jury trial by written stipulation filed with the court, or by an oral stipulation made in open court and entered in the record. Rule 50 protects the right to a jury trial, but that protection belongs to the parties, and they can choose not to exercise it.
What does it mean for the right to a jury trial to be preserved inviolate?
It means the courts cannot narrow or condition the right through case management or local practice. Any limit on the right to a jury trial has to come from the same sources that create it — the Oregon Constitution or a statute — not from a court’s own procedural choices.
Where does the right to a jury trial in an Oregon civil case come from?
From two places: the Oregon Constitution, principally Article I, section 17, and Article VII (Amended), section 3, and any statute that grants a jury trial for a specific type of case. Rule 50 does not list these sources itself; it commits the courts to honoring whatever right they create.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 50). 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 jury trial rightright to jury trial in oregonjury trial guarantee oregon civil caseconstitutional right to jury trial oregon