Rule 13.010.Application of Chapter
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 13.010
Plain-English Summary
Oregon circuit courts run a court-connected arbitration program, and this chapter is its rulebook. The chapter reaches arbitration under ORS 36.400 to 36.425. It does not reach arbitration the parties agreed to privately, arbitration set up under some other statute, matters ORS 36.400 exempts, or a civil action a presiding judge has exempted under ORS 36.405. If your arbitration comes from a contract clause rather than from the court, these rules are not the ones that govern it.
Section (2) opens a door for local variation. A judicial district may adopt a supplementary local rule requiring arbitration proceedings under ORS 742.505 and ORS 742.521 to be conducted under UTCR 13.140, 13.150, 13.170, 13.180, and 13.190, which cover discovery, subpoenas, the prehearing statement of proof, the conduct of the hearing, and documents that come in without their author. Read the local rules for the district where the case sits before assuming the chapter has nothing to say.
The last section speaks to arbitrators rather than to parties. The chapter does not try to answer every question a hearing can raise, and it says so in plain terms. Where the rules leave a gap, the arbitrator fills it, and the rule tells the arbitrator not to hesitate to do that.
Frequently Asked Questions
Does this chapter govern the arbitration clause in my contract?
No. The chapter covers arbitration under ORS 36.400 to 36.425, the program the circuit court runs. Arbitration by private agreement is listed as outside the chapter, along with arbitration under any other statute. A contract arbitration follows the agreement and whatever statute applies to it.
What kinds of cases can be taken out of court arbitration?
The rule names the sources of exclusion. Matters exempt by ORS 36.400 sit outside the program by statute. A civil action can also be exempted by action of a presiding judge under ORS 36.405. The chapter's other rules set out how a party raises the point and when.
What is a supplementary local rule, and why does it matter for arbitration?
A supplementary local rule, or SLR, is adopted by an individual judicial district on top of these statewide rules. Section (2) gives districts a specific power: an SLR can require arbitration proceedings under ORS 742.505 and ORS 742.521 to follow the chapter's rules on discovery, subpoenas, the prehearing statement of proof, conduct of the hearing, and admissible documents.
The rules do not answer my question about the hearing. What happens then?
That gap is deliberate. The rule states that the chapter is not designed to address every question that may arise during an arbitration hearing, that the rules give the arbitrator considerable discretion, and that the arbitrator should not hesitate to exercise it. Raise the question with the arbitrator and expect a ruling rather than a citation.
Are these the same as the Oregon Rules of Civil Procedure?
No. The UTCR and the ORCP are separate bodies of rules. The ORCP govern civil procedure in Oregon courts generally; this chapter governs a court's arbitration program. Another rule in the chapter explains which set applies at which stage of a case sent to arbitration.