CJO 2026-021 — Adoption of Amendments to the Uniform Trial Court Rules — physical PDF page 24
A-23 7. 18.040—FORM OF ORDER OR JUDGMENT Adopted a new rule regarding requirements for the form of a proposed order or judgment filed in an FED action. See related items A.4–A.6. ACTION TAKEN No motion was made to change the committee’s preliminary recommendation of approval. Accordingly, by committee convention, the October 24, 2025, preliminary recommendation became the committee’s final recommendation of approval. EXPLANATION See also the background explanation for related item A.4. The new rule imposes requirements for the form of a proposed order or judgment filed in an eviction action. At the fall 2025 meeting, the proponent provided the following testimony: • Whether an eviction action is subject to ORS chapter 90 is ultimately a legal determination. Plaintiffs sometimes mistakenly assert that an action is subject to ORS chapter 90 and defendants sometimes dispute the plaintiff’s assertion. It is important that the court determine whether an action is in fact subject to ORS chapter 90. • Creating uniformity by requiring that all complaints filed in an eviction action are consistent with a forthcoming statewide OJD form will enable courts to more easily locate information about a case. • If multiple defendants are named in an action, the judgment must clearly describe the judgment rendered as to each defendant because different defendants may be eligible for the set aside or sealing of a judgment or court records at different times. The OJD Advisory Committee on Civil Justice’s Landlord Tenant Law Workgroup plans to work with OJD’s Statewide Forms Workgroup to develop a statewide form with the intent that it will be available by August 1, 2026. NEW RULE 18.040 FORM OF ORDER OR JUDGMENT (1) Any proposed order or judgment submitted to the court must include a finding as to whether the action is subject to ORS chapter 90, in substantially the following form: “[ ] This action is subject to the Residential Landlord and Tenant Act.”
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Publisher URL: https://www.courts.oregon.gov/rules/UTCR/CJO_2026-021.pdf