Rule 2.070.Notice in Pleadings
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 2.070
Plain-English Summary
This rule is a signpost. It does not create a notice of its own; it collects the three notices this rule requires in the title of a pleading and tells you that all of them apply to a claim, a counterclaim, a cross claim, and a third-party claim alike. That last point does the real work, because it is easy to remember the requirement when drafting a complaint and forget it when drafting a counterclaim.
The first is arbitration. UTCR 13.060 requires a party to place either SUBJECT TO MANDATORY ARBITRATION or CLAIM NOT SUBJECT TO MANDATORY ARBITRATION in the title of a pleading, and it warns that the exempting language must not be used for any other purpose. A signature on a pleading carrying that language certifies the notice.
The other two live in UTCR 5.090. Subsection (1) requires notice to the court when a party asserts a disputed water right, by caption or by separate document. Subsection (2) requires specific language in the title of a pleading that contains a claim triggering the court's duty to give notice under ORS 31.250 and ORS 31.272, which concern actions against a health care practitioner or a health care facility. Check all three before the pleading goes out the door.
Frequently Asked Questions
What has to appear in the title of a pleading in Oregon circuit court?
Whatever the three provisions this rule points to require: the mandatory arbitration language under UTCR 13.060, the water rights notice under UTCR 5.090(1), and the health care claim language under UTCR 5.090(2). Beyond those, UTCR 2.010 governs what the document title must say about the filing and the filing party.
Does the arbitration language belong on a counterclaim too?
Yes. This rule applies to the title of a pleading including a claim, counterclaim, cross claim, or third-party claim, so a responsive pleading that adds a claim is covered in the same way the complaint is.
Where do I find the exact arbitration wording?
In UTCR 13.060, which gives the two alternatives and explains when each is used. The rule also cautions that the not-subject language must not appear in a title for any other purpose, so it is not a phrase to add out of caution.
What if my case involves water rights?
UTCR 5.090(1) applies. If a party asserts a disputed water right at any point in the case, notice must go to the court, and if the original complaint's caption did not state it, the notice takes the form of a separate signed document that includes the caption, the case number, and a statement that the case involves water rights.
What about a claim against a health care practitioner or facility?
UTCR 5.090(2) requires specific language in the title of a pleading containing a claim that creates a duty for the court to notify the parties under ORS 31.250 and ORS 31.272. Like the arbitration language, it must not be used in a title for any other purpose.