Rule 2.120.Affidavits
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 2.120
Plain-English Summary
A single sentence of rule text removes a recurring errand. Wherever the UTCR require or allow an affidavit, a declaration under penalty of perjury may be used instead, so long as it is in substantially the same form ORCP 1E specifies. For most filings that means the statement you prepare yourself will do.
Two things override it. A statute may mandate an affidavit, and this rule yields to that. Another UTCR rule may do the same, and one does: UTCR 2.130 provides that, notwithstanding this rule, a declaration may not be used in place of an affidavit of consent required to inspect another party's Confidential Information Form. When a rule goes out of its way to say so, take it at its word.
Note where the form itself comes from. ORCP 1E belongs to the Oregon Rules of Civil Procedure, a separate body of rules from the UTCR, and several UTCR rules point to it by name. Requests to segregate protected personal information under UTCR 2.100 and UTCR 2.110, and a request to inspect segregated information, all call for a declaration in substantially that form.
Frequently Asked Questions
Can I file a declaration instead of an affidavit?
In most situations under these rules, yes. A declaration under penalty of perjury in substantially the form ORCP 1E specifies may be used in lieu of an affidavit that the UTCR require or allow.
When is an affidavit still required?
Where a statute mandates one, and where another UTCR rule does. UTCR 2.130 is the clearest example: it states that notwithstanding this rule, a declaration may not replace the affidavit of consent required before a party or a nonparty inspects another party's Confidential Information Form.
What form does the declaration take?
Substantially the same form as ORCP 1E specifies. The rule does not reproduce the language, so work from that provision rather than from a template of unknown origin.
Which UTCR rules expressly ask for an ORCP 1E declaration?
UTCR 2.100 requires one in a request to segregate protected personal information and in a request to inspect information already segregated. UTCR 2.110 requires one in a request to segregate information already in a case file.
Can I still use an affidavit if I prefer one?
Yes. This rule is permissive. It says a declaration may be used in lieu of an affidavit, which adds an option rather than removing one, so filing the affidavit itself still satisfies a rule that requires or allows it.