Rule 1.040.Local Rules of Court not Permitted; Exception
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 1.040
Plain-English Summary
One sentence, and it sets the default for the whole system. A circuit court has no free-standing power to write its own procedure. It may make or enforce a local rule only as provided in UTCR 1.030, 1.050, and 1.060, and outside those provisions the answer is no.
Each cross-reference does different work. UTCR 1.050 is the main door: it is the authority to adopt supplementary local rules and the annual notice, submission, review, and filing process that produces them. UTCR 1.060 governs how any such rule is numbered. UTCR 1.030 looks backward, letting a judge keep a previous SLR or court practice in place for a case that was already pending when a statewide change landed.
The practical payoff is predictability. A lawyer who reads the UTCR and the district's published SLR should know what the court expects. That promise is enforced on the back end by UTCR 1.050, which requires a court to write any local practice into its SLR and bars enforcement or sanction for an unwritten practice unless the court first gives a reasonable chance to cure the violation.
Frequently Asked Questions
Can an Oregon circuit court have its own rules?
Only as supplementary local rules adopted under UTCR 1.050 and numbered under UTCR 1.060, plus the narrow carry-over UTCR 1.030 allows for a case already pending when a statewide change lands. A court cannot issue procedure by memo, standing order, or posted notice and then enforce it as a rule.
Is an unwritten courtroom practice a local rule?
If the court expects or requires parties and attorneys to comply with it, UTCR 1.050 says it belongs in the SLR. That covers a local practice, procedure, form, or other requirement. Leaving it out of the SLR does not make it freely enforceable. Under UTCR 1.050(3) the court may not enforce an unwritten local practice, or impose any sanction for breaking it, until it has first given the party or attorney a reasonable opportunity to cure the violation by complying.
Why does this rule point to UTCR 1.030?
Because 1.030 is the one place a court may apply an older local rule or practice. When a statewide rule supersedes an inconsistent SLR, a judge may still order that a case pending on the effective date proceed under the previous SLR or practice where justice requires it. That order is permitted local rule enforcement, so 1.040 has to make room for it.
Who approves a local rule in Oregon?
Local rules run through the process in UTCR 1.050. The presiding judge submits the district's rules to the Office of the State Court Administrator, the UTCR Committee reviews them, and the Chief Justice or designee issues any disapprovals. A rule the Chief Justice disapproves must be addressed before the final set is filed.
Does this rule apply to Oregon's appellate courts?
No. By its terms it speaks to circuit courts. Appellate practice is governed by the Oregon Rules of Appellate Procedure, a different ruleset, and the UTCR do not reach it.