Rule 2.050.Attorney Fees on Written Instruments
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 2.050
Plain-English Summary
When a fee award rests on a written instrument, the court wants to read the instrument. This rule makes that automatic: submit the original or a true copy along with the requested judgment. The one way out is already having put it in front of the court, because the requirement lifts where a true copy is attached to or set out in the pleadings.
The rule reaches further than the clause you are relying on. It also applies to reciprocal fees claimed under ORS 20.096, an Oregon statute, so a party claiming fees on the reciprocal basis that statute provides still has to put the instrument before the court.
If neither an original nor a copy can be produced, the rule does not end the claim. The court may require proof by affidavit or testimony instead. Where an affidavit is called for, keep UTCR 2.120 in mind: unless a statute or another UTCR rule mandates otherwise, a declaration under penalty of perjury may be used in place of an affidavit these rules require or allow.
Frequently Asked Questions
Do I have to give the court the contract to get attorney fees?
If the fee claim is based on a written instrument, yes. Submit the original or a true copy of the instrument to the court with the requested judgment.
What if a copy is already attached to my pleadings?
Then you do not need to submit it again. The requirement does not apply where a true copy of the instrument is attached to or set out in the pleadings.
Does the court want the original or is a copy enough?
Either. The rule asks for the original or a true copy. That is a lighter requirement than UTCR 2.060 imposes for a negotiable instrument, where the original has to be tendered before judgment is entered.
What if neither the original nor a copy is available?
The court may require proof by affidavit or testimony. The claim does not fail for want of the paper, but you will need to establish the instrument some other way and the choice of method rests with the court.
Does this apply to fees claimed under Oregon's reciprocal fee statute?
Yes. The rule says expressly that it also applies to reciprocal fees claimed under ORS 20.096, so the instrument still has to reach the court when your fee claim rests on the reciprocal basis that statute provides.