Rule 5.090.Notice to Court in Water Rights Cases; Notice to Court in Cases Subject to ORS 31.250 and 31.272, Regarding Commencing an Action Against a Health Care Provider or a Health Care Facility
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 5.090
Plain-English Summary
UTCR 5.090 puts a flagging duty on parties in settings that look unrelated but work the same way. In each, the subject matter creates something the court must do, and the court needs to know the case is one of those cases.
The water rights half is triggered whenever, at any point in a case, a party asserts a disputed water right. That party must give notice to the court that the case involves water rights. If the caption of the original complaint that begins the case already says so, nothing further is needed. If it does not, the notice is a separate document that carries the case caption and case number, states that the case involves water rights, and is signed by the attorney or the party.
The health care half works through the title of the pleading. If a pleading contains a claim that creates a duty on the court to provide notice to the parties under ORS 31.250 and ORS 31.272, the party must place the words ADVERSE HEALTH CARE INCIDENT SUBJECT TO COURT NOTICE in the title. The duty reaches any such claim, counterclaim, cross claim, or third-party claim.
That title language is a certification, not a label of convenience. The rule forbids its use in a pleading title for any other purpose, and it makes a party's signature on the pleading a certificate under ORCP 17 running both directions: that the pleading does contain a qualifying claim when the language appears, and that it does not when the language is left off.
Frequently Asked Questions
How do I tell the court my case involves water rights?
If the caption of the original complaint says so, you already have. Otherwise file a separate document that includes the caption of the case and the case number, states that the case involves water rights, and is signed by the attorney or the party.
When does the water rights notice have to be given?
The duty arises whenever a party asserts a disputed water right, at any time during the case. A dispute that surfaces in an amended pleading or later in the litigation triggers the notice just as one raised at the outset would.
What language goes in the title of a pleading involving a health care claim?
The words ADVERSE HEALTH CARE INCIDENT SUBJECT TO COURT NOTICE, placed in the title of the pleading. The requirement applies when the pleading contains a claim that creates a duty on the court to provide notice to the parties under ORS 31.250 and ORS 31.272.
What happens if I use that title language when the pleading has no such claim?
The rule says the language must not be in the title of a pleading for any other purpose. Your signature on the pleading is a certificate under ORCP 17 that the pleading contains a qualifying claim if the language is there, so using it loosely is a certification problem, not a formatting slip.
Does the health care title requirement apply to counterclaims and third-party claims?
Yes. The rule reaches any claim, counterclaim, cross claim, or third-party claim that creates the court's notice duty. A defendant who pleads such a claim carries the same labeling obligation as a plaintiff.