Rule 19.020.Initiating Instrument Requirements and Maximum Sanctions
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 19.020
Plain-English Summary
The caption carries the identifying information. The party seeking sanctions is designated the plaintiff and the alleged contemnor the defendant. The caption states the word remedial or punitive, as appropriate, and adds the words violation of restraining order where that fits. If the matter arises from an existing circuit court case, the caption identifies it with a line relating the contempt proceeding to that court and case number.
The first paragraph handles origins more broadly. If the matter arises from an existing circuit court case, or from any other existing court case or agency proceeding, the first paragraph gives the court or agency name, the case or proceeding name and number, and the nature of that case.
The body is where the stakes are set. The instrument states the maximum sanctions the party seeks and, for each one, whether the party considers it remedial or punitive. If remedial sanctions are sought, it includes a notice substantially in the form set out at ORCP 7, a rule of the Oregon Rules of Civil Procedure rather than of these rules. A party seeking confinement must say so in the instrument or its body.
The pleading then becomes a ceiling. The court cannot impose a sanction greater than the sanction sought, and the rule supplies the ranking: a punitive sanction is presumed greater than a remedial one, a punitive sanction of confinement is presumed greater than other punitive sanctions, and a remedial sanction of confinement is presumed greater than other remedial sanctions. Ask for less than the case warrants and the ceiling stays where the pleading put it, unless the instrument is amended.
Frequently Asked Questions
What has to be in the caption of an Oregon contempt filing?
The party seeking sanctions designated as plaintiff and the alleged contemnor as defendant, the word remedial or punitive as appropriate, the words violation of restraining order if that applies, and, when the matter arises from an existing circuit court case, a line relating it to that court and case number.
Do I have to state the sanction I am asking for?
Yes. The instrument or the body of the complaint must state the maximum sanctions sought and, as to each, whether the party seeking it considers the sanction remedial or punitive. Those statements define what the court can do.
Can the court impose a harsher sanction than the one requested?
No. The court shall not impose a sanction greater than the sanction sought. The rule also tells the court how to compare: punitive is presumed greater than remedial, and confinement is presumed greater than other sanctions of the same kind.
What if I want the contemnor confined?
Say so expressly. If the filing party seeks a sanction of confinement, the instrument or the body of the instrument must include a statement that such a sanction is being sought. Confinement also sits at the top of the presumptions, so it cannot be reached by implication.
What notice goes with a request for remedial sanctions?
A notice substantially in the form set out at ORCP 7. That is a rule of the Oregon Rules of Civil Procedure, a different body of rules from the UTCR, and the contempt rule borrows its notice form rather than writing one of its own.