Rule 19.040.Applicability of ORCP and Other UTCR
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 19.040
Plain-English Summary
Priority comes first. To the extent the rules in this chapter are inconsistent with other applicable rules, this chapter governs contempt proceedings under ORS 33.015 to 33.155. Everything that follows operates except as otherwise provided in the chapter.
Then the routing. For remedial contempt proceedings under ORS 33.055, the Oregon Rules of Civil Procedure apply to the original proceeding and the Oregon Rules of Appellate Procedure to the appeal, and the UTCR that govern civil proceedings apply to the original proceeding as well. For punitive contempt proceedings under ORS 33.065, the UTCR and the ORAP that govern criminal proceedings apply, respectively, to the original proceeding and the appeal. Remedial contempt is handled like a civil case, punitive contempt like a criminal one.
The second subsection gives the court a release valve, and only in remedial proceedings. On its own motion or that of a party, a court may determine that a specific rule of procedure would not foster the fair and efficient resolution of the contempt proceeding. It may then modify that rule or adopt a different one for all or part of the proceeding, as long as the replacement fosters fair and efficient resolution. The rule names examples: increasing or decreasing time limits, limiting or excluding responsive pleadings, or both, and modifying other rule provisions.
The power comes with a notice duty. The court must give all parties notice describing the modified or new rule, in writing or on the record or both. A procedural change nobody was told about is not a change anyone can follow.
Frequently Asked Questions
Which procedural rules apply to a contempt case in Oregon?
It depends on the sanction sought. A remedial proceeding under ORS 33.055 runs on the ORCP and on the UTCR that govern civil proceedings, with the ORAP on appeal. A punitive proceeding under ORS 33.065 runs on the UTCR and ORAP that govern criminal proceedings. Where this chapter conflicts with any of them, this chapter governs.
Do the ORCP apply to punitive contempt?
The rule assigns the ORCP to original proceedings for remedial sanctions. Punitive proceedings are routed instead to the UTCR and ORAP that govern criminal proceedings, so a punitive contempt case is not run on the civil rules.
Can a judge change the procedural rules in a contempt case?
In a remedial proceeding, yes. On its own motion or a party's, the court may find that a specific rule would not foster fair and efficient resolution and may modify it or adopt a different rule for all or part of the proceeding. Time limits may be lengthened or shortened, responsive pleadings limited or excluded, and other provisions modified.
Does the court have to tell the parties about a modified rule?
Yes. The court must give all parties to the proceeding notice describing the modified or new rule, and the notice must be in writing or on the record or both.
What happens when this chapter conflicts with another rule?
This chapter wins. To the extent its rules are inconsistent with other applicable rules, they govern contempt proceedings under ORS 33.015 to 33.155, and UTCR 19.050 then carves further exceptions out of the civil rules for remedial proceedings.