Rule 13.040.Relationship to Court Jurisdiction and Applicable Rules
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 13.040
Plain-English Summary
Arbitration under this chapter is not a departure from the circuit court. A case filed there stays under that court's jurisdiction in all phases of the proceedings, arbitration included. The arbitrator holds only the authority these rules expressly give, and every other issue is for the court of jurisdiction to decide.
The switch in rulebooks turns on assignment. Until a case is assigned to the arbitrator, the Oregon Rules of Civil Procedure apply. After assignment, these arbitration rules apply, except where an arbitration rule itself says that an ORCP applies, which the chapter's discovery and subpoena rules both do.
Pending motions travel with the case. Once a case is assigned to arbitration, all motions against the pleadings, all discovery motions, and all similar pretrial motions not yet resolved go to the arbitrator and to no other decision maker. The arbitrator's determination on them applies only during the arbitration proceeding. File a request for trial de novo and those matters can be raised again. And if the arbitrator's ruling on a pretrial motion will prejudice a party at that trial, the rule lets that party take an appropriate motion to the court.
Frequently Asked Questions
Do the Oregon Rules of Civil Procedure still apply after my case goes to arbitration?
They apply until the case is assigned to the arbitrator. After that, the arbitration rules take over, with a carve-out: where an arbitration rule states that an ORCP applies, it does. Discovery and subpoenas are the clearest examples of that carve-out.
Who decides a motion that was already pending when the case was assigned?
The arbitrator. The rule sweeps in motions against the pleadings, discovery motions, and similar unresolved pretrial motions and sends them to the arbitrator alone.
Does the arbitrator's ruling on a pretrial motion bind the judge later?
No. The rule limits the effect of that determination to the arbitration proceeding itself. If a request for trial de novo is filed, the same matters may be raised again before the court.
Can I go to the court before the trial de novo if a ruling hurts me?
Yes, in a narrow situation. If the arbitrator's decision on a pretrial motion will prejudice a party on trial de novo, that party may file an appropriate motion with the court. The rule gives you a valve rather than a full appeal.
Does arbitration move my case out of circuit court?
No. The case remains under the jurisdiction of the court where it was filed at every phase, including arbitration. What changes is who rules on what, not where the case lives.