Rule 19.010.Scope, Construction, Application
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 19.010
Plain-English Summary
The chapter governs contempt proceedings under ORS 33.015 to 33.155, and the rule states its own purpose: to promote efficient and fair resolution of those proceedings. That purpose is not decoration. The rules that follow hand courts discretion to adjust procedure, and this is the standard against which those adjustments are measured.
The second sentence of the first subsection is about who owns these rules. They will be changed only by action of the entire Supreme Court. The UTCR are otherwise amended by order of the Chief Justice under UTCR 1.020, so this chapter sits on a different footing, a point the chapter's reporter's note traces back to the contempt rules the Supreme Court adopted before they were folded into the UTCR.
The rule also leaves room for what the rules and statutes do not address. Courts keep their inherent authority in contempt proceedings over matters not covered by rule or statute, so long as exercising that authority fosters efficient and fair resolution of the matter. The grant and the limit arrive in the same sentence.
Frequently Asked Questions
Which contempt cases do these rules cover?
Contempt proceedings under ORS 33.015 to 33.155. Within that range the chapter reaches both tracks, since the rules that follow address proceedings for remedial sanctions under ORS 33.055 and proceedings for punitive sanctions under ORS 33.065.
Who can change the contempt rules?
The entire Supreme Court. The rule says these rules will be changed only by action of the entire court, which distinguishes the chapter from the rest of the UTCR, amended by order of the Chief Justice under UTCR 1.020.
Can a judge do something the contempt rules do not mention?
Yes, within limits. The rules do not preclude a court from exercising its inherent authority in contempt proceedings over matters not covered by rule or statute, provided that exercise fosters efficient and fair resolution of the matter.
Do these rules replace the contempt statutes?
No. They operate inside the statutory scheme, which is why the scope is written by reference to ORS 33.015 to 33.155 and why the inherent authority provision reserves only matters not covered by rule or statute.
Does the stated purpose do any work?
It does. UTCR 19.040 lets a court modify a rule of procedure in a remedial contempt proceeding only when the change fosters fair and efficient resolution, and UTCR 19.050 conditions the joinder of other claims on fair resolution of the contempt matter. The purpose in this rule is the test those provisions apply.