72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2087
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Committee on
Judiciary for Oregon State Bar and Council on Court Procedures)
CHAPTER ................
AN ACT
Relating to the Council on Court Procedures; amending ORS 1.730
and 1.735.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 1.735 is amended to read:
1.735. (1) The Council on Court Procedures shall promulgate
rules governing pleading, practice and procedure, including rules
governing form and service of summons and process and personal
and in rem jurisdiction, in all civil proceedings in all courts
of the state which shall not abridge, enlarge { - , - } or
modify the substantive rights of any litigant. The rules
authorized by this section do not include rules of evidence and
rules of appellate procedure. The rules thus adopted and any
amendments which may be adopted from time to time, together with
a list of statutory sections superseded thereby, shall be
submitted to the Legislative Assembly at the beginning of each
regular session and shall go into effect on January 1 following
the close of that session unless the Legislative Assembly shall
provide an earlier effective date. The Legislative Assembly may,
by statute, amend, repeal or supplement any of the rules.
(2) A promulgation, amendment or repeal of a rule by the
council is invalid and does not become effective unless the exact
language of the proposed promulgation, { - modification - }
{ + amendment + } or repeal is published or distributed to all
members of the bar at least 30 days before the meeting at which
{ - final action is taken - } { + the council plans to take
final action + } on the promulgation,
{ - modification - } { + amendment + }or repeal. { + If the
language of the proposed promulgation, amendment or repeal is
changed by the council after consideration of the language at the
meeting, the council must publish or distribute notification of
the change to all members of the bar within 60 days after the
meeting. All changes made to proposed promulgations, amendments
or repeals of rules pursuant to the provisions of this subsection
must be clearly identified when the promulgation, amendment or
repeal is submitted to the Legislative Assembly under subsection
(1) of this section. + }
SECTION 2. ORS 1.730 is amended to read:
1.730. (1) There is created a Council on Court Procedures
consisting of:
Enrolled House Bill 2087 (HB 2087-INTRO) Page 1
(a) One judge of the Supreme Court, chosen by the Supreme
Court.
(b) One judge of the Court of Appeals, chosen by the Court of
Appeals.
(c) Eight judges of the circuit court, chosen by the Executive
Committee of the Circuit Judges Association.
(d) Twelve members of the Oregon State Bar, appointed by the
Board of Governors of the Oregon State Bar. The Board of
Governors, in making the appointments referred to in this
section, shall include but not be limited to appointments from
members of the bar active in civil trial practice, to the end
that the lawyer members of the council shall be broadly
representative of the trial bar and the regions of the state.
(e) One public member, chosen by the Supreme Court.
(2)(a) A quorum of the council shall be constituted by a
majority of the members of the council, and an affirmative vote
by a majority of the council is required for action by the
council on all matters other than promulgation of rules under ORS
1.735. An affirmative vote of fifteen members of the council
shall be required to promulgate rules pursuant to ORS 1.735.
(b) The council shall adopt rules of procedure and shall
choose, from among its membership, annually, a chairperson to
preside over the meetings of the council.
(3)(a) All meetings of the council shall be held in compliance
with the provisions of ORS 192.610 to 192.690.
(b) In addition to the requirements imposed by paragraph (a) of
this subsection, with respect to the public hearings required by
ORS 1.740 and with respect to any meeting at which final action
will be taken on the promulgation, { - modification - }
{ + amendment + } or repeal of a rule under ORS 1.735, the
council shall cause to be published or distributed to all members
of the bar, at least two weeks before such hearing or meeting, a
notice which shall include the time and place and a description
of the substance of the agenda of the hearing or meeting.
(c) The council shall make available upon request a copy of any
rule which it proposes to promulgate, { - modify - }
{ + amend + } or repeal.
(4) Members of the Council on Court Procedures shall serve for
terms of four years and shall be eligible for reappointment to
one additional term, provided that, where an appointing authority
has more than one vacancy to fill, the length of the initial term
shall be fixed at either two or four years by that authority to
accomplish staggered expiration dates of the terms to be filled.
Vacancies occurring shall be filled by the appointing authority
for the unexpired term.
(5) Members of the Council on Court Procedures shall not
receive compensation for their services but may receive actual
and necessary travel or other expenses incurred in the
performance of their official duties as members of the council,
as provided in ORS 292.210 to 292.288.
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Enrolled House Bill 2087 (HB 2087-INTRO) Page 2
Passed by House February 4, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate April 24, 2003
...........................................................
President of Senate
Enrolled House Bill 2087 (HB 2087-INTRO) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2087 (HB 2087-INTRO) Page 4