Rule 13.060.Pleadings in Cases Subject or not Subject to Arbitration

Current through August 1, 2026 · Last verified September 12, 2026

In one sentenceUTCR 13.060 sends all civil actions to arbitration unless a pleading title marks the claim as not subject to mandatory arbitration, a party files a notice stating grounds, or the court removes the case, and it requires that label in every pleading title.

Full Text of Rule 13.060

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(1) All civil actions (including domestic relations cases described under ORS 36.405(1)(b)) will be assigned to arbitration unless one of the following occurs:

(a) The title of a pleading contains the words “CLAIM NOT SUBJECT TO MANDATORY ARBITRATION” in compliance with subsection (3) of this rule.

(b) Any party files a notice, prior to the assignment to arbitration, that the case is not subject to mandatory arbitration. The notice must state grounds sufficient to exempt the case from mandatory arbitration.

(2) Notice under part (1)(a) or (1)(b) of this rule does not prevent any party from asserting by appropriate motion, that the case is subject to mandatory arbitration.

(3) A party must place one or the other of the following in the title of a pleading in the case (including a claim, counterclaim, cross claim, third-party claim, petition, and response): “SUBJECT TO MANDATORY ARBITRATION” or “CLAIM NOT SUBJECT TO MANDATORY ARBITRATION.” When a party places the “NOT SUBJECT” language in the title of the pleading, the party gives notice to the court and other parties that the case is exempted from mandatory arbitration either clearly by statute or under these rules. This language must not be in the title of a pleading for any other purpose. A party’s signature on pleadings containing such language constitutes the party’s certificate of such notice under ORCP 17. In all other instances, the party will place the language in the title indicating the case is subject to mandatory arbitration.

End

Plain-English Summary

The default is arbitration. All civil actions, including the domestic relations cases described under ORS 36.405(1)(b), will be assigned to arbitration unless something takes the case out. The title of a pleading carries the words marking the claim as not subject to mandatory arbitration. A party files a notice before assignment stating grounds sufficient to exempt the case. Or the court orders the case removed under ORS 36.405(2).

Section (3) makes the label mandatory in both directions. Every pleading in the case, which the rule spells out to include a claim, counterclaim, cross claim, third-party claim, petition, and response, must carry one of the prescribed phrases in its title: SUBJECT TO MANDATORY ARBITRATION or CLAIM NOT SUBJECT TO MANDATORY ARBITRATION. There is no third option and no silent option.

The "not subject" label carries weight. Using it tells the court and the other parties that the case is exempted from mandatory arbitration either clearly by statute or under these rules, and a party's signature on a pleading containing that language is the party's certificate of that notice under ORCP 17. The rule also forbids putting the language in a title for any other purpose.

Marking a case does not end the question. A notice under either route does not prevent any party from asserting by appropriate motion that the case is subject to mandatory arbitration after all. The label states a position; it does not decide the question.

Frequently Asked Questions

What do I have to put in the title of my complaint?

Either of the phrases the rule prescribes. If the case belongs in the program, the title says the pleading is subject to mandatory arbitration. If it does not, the title says the claim is not subject to mandatory arbitration. The same requirement runs through every pleading in the case.

What happens if I mark a case as not subject to arbitration and I am wrong?

Your signature on that pleading is a certificate under ORCP 17 that the case is exempt, so the statement is not costless. Any other party may assert by appropriate motion that the case is subject to mandatory arbitration, and the court decides.

Are domestic relations cases arbitrated?

The rule sweeps in the domestic relations cases described under ORS 36.405(1)(b) along with other civil actions. They are assigned to arbitration unless an exit in the rule applies.

Does a counterclaim need the label too?

Yes. The rule lists a claim, counterclaim, cross claim, third-party claim, petition, and response. Each is a pleading whose title must carry either phrase.

How do I keep a case out of arbitration once it is filed?

Before assignment, a party may file a notice that the case is not subject to mandatory arbitration, stating grounds sufficient to exempt it. The court can also order a case removed under ORS 36.405(2). After the case has been assigned, the chapter provides a separate motion with its own short deadline.

Source & verification. The rule text is reproduced verbatim from the official Oregon Uniform Trial Court Rules (UTCR 13.060). Prescribed by the Chief Justice of the Oregon Supreme Court (UTCR 1.020). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

Also known as: UTCR 13.060claim not subject to mandatory arbitrationsubject to mandatory arbitration titlepleading title arbitrationnotice case not subject to arbitrationORCP 17 certificate arbitration