Constitutional, Statutory, and Other Related Citations
NOTE: Id. (or id. § ___, if applicable) can be used as a subsequent reference citation to constitutional provisions, statutory and code provisions (both current provisions and older codes), legislative commentary, and other types of sources discussed in this section.
Article I , section 17, of the Oregon Constitution provides that * * *. (first reference)
Article VII (Amended), section 1, provides that * * *. (subsequent reference)
Or Const, Art I, § 17.
Or Const, Art VII (Amended), § 3.
Or Const, Art VII (Original).
Or Const, Art XI, § 11b(2)(b).
Or Const, Art I, § 11(1857). (denoting the original version of Article I, section 11, NOT the current version)
NOTE: (1) The word "Article" is always shown as beginning with an uppercase "A." (2) The article number is always a Roman numeral. (3) "Amended" begins with an uppercase "A." (4) In narrative, the word "section" is always lowercase except in a heading or subheading. (5) Do not use periods after abbreviations. (6) Original Article VII was replaced in 1910, which is why it is referred to as amended.
Oregon Laws 1989, chapter 790, section 87. (narrative form)
Oregon Laws 1990, chapter 2, sections 45 to 47 (Special Session). (narrative form)
Oregon Laws 1995, chapter 790, section 84, directs the commission to * * *. (narrative form)
Or Laws 1989, ch 790, § 87. (citation form)
Or Laws 1990, ch 2, §§ 3-10 (Spec Sess). (citation form)
NOTE: Insert a space after a section or paragraph symbol; when using two such symbols, no space separates them.
Statutes that have not been assigned by the legislature to an ORS chapter often are compiled into the ORS in small typeface at the place in the ORS where Legislative Counsel decides they logically belong. See ORS Preface, viii (2001). Refer to such statutes as follows:
Oregon Laws 1997, chapter 30, section 2(1), compiled as a note after ORS 659.010(1997). (narrative form, first reference)
Oregon Laws 1997, chapter 30, section 2(1). (narrative form, subsequent reference)
Or Laws 1997, ch 30, § 2(1), compiled as a note after ORS 659.010(1997). (citation form, first reference)
Or Laws 1997, ch 30, § 2(1). (short citation form)
Oregon Laws 2005, chapter 463, section 1, compiled as a note before ORS 136.001(2005). (narrative form, first reference)
Oregon Laws 2005, chapter 463, section 1. (narrative form, subsequent reference)
Or Laws 2005, ch 463, § 1, compiled as a note before ORS 136.001(2005). (citation form, first reference)
Or Laws 2005, ch 463, § 1. (short citation form)
Occasionally, Legislative Counsel will compile such statutes so that they appear as legislatively placed statutes, e.g., ORS 475A.010, ORS 475A.040, and other civil forfeiture statutes. Those statutes are cited in the same manner as legislatively placed statutes, as explained in paragraph 5 below.
Some of these compilations are organized by chapters, which incorporate several titles, and others are organized by titles, which incorporate several chapters. It is advisable to include page numbers when citing the Deady compilations, because the various codes are not numbered and there are no indices or general tables of contents to guide the reader to the proper location regarding particular sections of a code (e.g., Criminal Code, Civil Code, etc., each of which is made up of multiple chapters). Some older cases incorporate neither chapters nor titles; for such codes, cite to the applicable section and page numbers.
General Laws of Oregon, Crim Code, ch XVIII, § 659, p 435 (Deady & Lane 1843-1872).
General Laws of Oregon, Civ Code, ch IV, title I, § 313, p 226 (Deady 1845-1864).
The Codes and General Laws of Oregon, ch XVIII, title IV, § 2933 (Hill 1887).
The Codes and General Laws of Oregon, ch I, title VIII, § 67 (Hill 2d ed 1892).
The Codes and Statutes of Oregon, title V, ch I, § 339 (Bellinger & Cotton 1901).
Lord's Oregon Laws, title VI, ch V, § 442(1910).
Oregon Laws, title I, ch III, § 39(1920).
Oregon Code, title XXVIII, ch 1, § 28-101(1930).
Statutes of Oregon, An Act Regulating Proceedings to Vacate Charters and Letters Patent, and to Prevent the Usurpation of an Office of Franchise, ch 1, § 1, p 139 (1854).
OCLA § 3-505.
OCLA § 10-902a (1944-47 pocket part).
Always use the abbreviated form (ORS) in both narrative references and citations.
ORS 161.155(1)(a)(A). [chapter 161][section 155] [subsection (1)][paragraph (a)][subparagraph (A)]
Numbered paragraphs within a section are referred to as subsections, lettered paragraphs as paragraphs. For example, ORS 305.220(1)(a) would be referred to in text individually as paragraph (a) of subsection (1), when referring to (1)(a) collectively, use paragraph (1)(a).
ORS chapter 554. (when referring to an entire chapter)
ORS 30.150 to 30.175; ORS 250.035(2)(a) to (c). (when referring to a statutory sequence)
ORS 30.866 and ORS 163.730. (when referring to two statutes)
ORS 250.035(2)(a) and (b). (when referring to two parts of the same statute)
ORS ch 554. (when citing an entire chapter)
ORS 30.150 - 30.175; ORS 250.035(2)(a) - (c). (when citing a statu-tory sequence)
ORS 30.866; ORS 163.730. (when citing two statutes)
ORS 250.035(2)(a), (b). (when citing two parts of the same statute)
NOTE: When citing a sequence of statutes in citation, do not use "et seq." instead, set out the first and last statutes of the sequence.
When citing a repealed or renumbered ORS (or OAR), the narrative and citation forms are the same. The word former is set in italics. Only a repealed or renumbered statute, not an amended statute, is referred to as "former."
Former ORS 19.023(2)(a) (1995), renumbered as ORS 19.205(2)(a) (1997). (first reference; "1995" will usually refer to the year of the statute in effect when the facts of the case occurred (although the author may make a different choice, depending on context); "1997" refers to year that the statute was renumbered)
Former ORS 19.023(2)(a) (1995). (subsequent reference)
Former ORS 736.317(1961), repealed by Or Laws 1967, ch 482, § 1. (first reference)
Former ORS 736.317(1961). (subsequent reference)
When a statute has been renumbered or repealed, the author should cite the version in effect at the time of the events in the case, including subsequent history on the first reference and then including the year of that version in subsequent references.
ORS 308.370 - 308.375 (1987), amended by Or Laws 1991, ch 459, §§ 117-120. (citation form, first reference)
ORS 308.370 - 308.375 (1987). (citation form, subsequent reference)
NOTE: (1) The above examples for amended statutes require inclusion of the year parenthetically at the end of all citations (separated by a space). However, it also is acceptable to include a footnote at the outset of the opinion, after citing the older statute in full, that explains that all statutory citations that follow are to a particular year. In that event, it is not necessary to include the parenthetical year in subsequent references. (2) When setting out ORS citations or other authorities, be consistent in the use of punctuation, e.g.,
The state appeals from a pretrial judgment dismissing an indictment that charged defendant with manufacture of a controlled substance, ORS 475.992(1); delivery of a controlled substance to minor, ORS 475.999; and criminal conspiracy, ORS 161.450.
In general, when a statute has been amended, the author may:
If a statute has been amended or renumbered more than once, then the best practice is to include the full subsequent history on the first reference or at least in a footnote (example: cite all amendments, not just the one at issue).
Always use the abbreviated form (OEC) in both narrative references and citations when referring to or citing a specific rule. Use "Oregon Evidence Code" (not "OEC") when referring to the code as a whole. Do not cite the ORS number, e.g.,
OEC 801(3).
OEC 103 Commentary (1981).
Legislative Commentary to OEC 401, reprinted in Laird C. Kirkpatrick, Oregon Evidence § 401.02, Art IV-4 (4th ed 2002).
Parts of the Oregon Evidence Code suggest that * * *. (narrative form)
When quoting the Oregon Evidence Code, or when quoting a statute that quotes the Oregon Evidence Code, replace any ORS reference with the corresponding OEC rule number in brackets, e.g.,
OEC 405(2)(a) provides:
"In all cases in which character or a trait of character of a person is admissible under [OEC 404(1)], proof may also be made of specific instances of the conduct of the person."
Always use the abbreviated form (ORCP) in both narrative references and citations when referring to or citing a specific rule. Use "Oregon Rules of Civil Procedure" (not "ORCPs") when referring to the rules as a whole. Always add a space after the rule number when referring to a section of the rule, e.g.,
ORCP 71 B(1)(b)(i). [rule 71] [section B][subsection (1)][paragraph (b)][sub-paragraph (i)].
ORCP 7 C(3)(a) to (c). (narrative form, when citing a sequence)
ORCP 7 C(3)(a) - (c). (citation form, when citing a sequence)
ORCP 7 C(3)(a) and (c). (narrative form, when referring to two paragraphs of the same rule)
ORCP 7 C(3)(a), (c). (citation form, when citing two paragraphs of the same rule)
Nothing in the Oregon Rules of Civil Procedure points to a contrary conclu-sion. (narrative form)
ORCP 71 B(1)(c) or ORCP 71 C (when citing two parts of a rule).
When citing the drafts, comments, and history of the ORCPs, cite the bound volumes, i.e.:
Council on Court Procedures, 4 Legislative History Relating to Promulgation of Oregon Rules of Civil Procedure (1/1/78 through 12/31/78), June 28, 1978, Draft and Proposed Comment to Rule 6, 33(1979).
When citing the permanent comments to the enacted ORCPs, cite the Merrill handbook, i.e.:
Council on Court Procedures, Staff Comment to Rule 9, reprinted in Frederic R. Merrill, Oregon Rules of Civil Procedure: A Handbook 28-29 (1981).
Always use the abbreviated form (ORAP) in both narrative references and citations when referring to or citing a specific rule. Use "Oregon Rules of Appellate Procedure" (not "ORAPs") when referring to the rules as a whole, e.g.,
ORAP 9.15(1).
The Oregon Rules of Appellate Procedure set out a process for initiating a case.
NOTE: Follow the links at www.courts.oregon.gov to find the most current version of the Oregon Rules of Appellate Procedure, which occasionally are temporarily amended by Chief Justice-Chief Judge Order.
Always use the abbreviated form (OAR) in both narrative references and citations when referring to or citing a specific rule. Use "Oregon Administrative Rules" not "OARs" when referring to the rules as a whole, e.g.,
OAR 253-004-0001. (narrative and citation form, when referring to or citing a specific paragraph)
OAR chapter 253, division 4. (narrative form, when referring to an entire division)
OAR chapter 253, division 4, Appendix 3. (narrative form, when referring to an appendix)
OAR ch 253, App 3. (citation form)
OAR 660-022-0077 to 660-022-0080. (narrative form when referring to a series)
OAR 660-022-0077 - 660-022-0080. (citation form when referring to a series)
OAR 435-001-0025 (May 12, 2002). (indicates that a rule has been amended)
Former OAR 255-80-005(2) (May 31, 1985). (indicates that a rule has been renumbered or repealed)
OAR 150-305.265(14)-(A). (when citing chapter 150, place hyphens and periods as published for each rule)
Nothing in the Oregon Administrative Rules suggests that * * *. (narrative form)
UTCR 7.020(5). (narrative and citation form, when referring to or citing a specific rule)
Multnomah Circuit Court Supplementary Local Rule (SLR) 5.045(1). (first reference)
SLR 5.045(2). (short citation form)
The Uniform Trial Court Rules contain several provisions * * *. (narrative form)
Uniform Civil Jury Instruction 10.10. (narrative form)
UCJI 10.10. (citation form)
Uniform Criminal Jury Instruction 3.1. (narrative form)
UCrJI 3.1. (citation form)
Edward D. Lucas, 41 Van Natta 2272, 2274-75 (1989), rev'd on other grounds, Lucas v. Clark, 106 Or App 687, 809 P2d 712 (1991).
Stefansky v. Grant County, 12 Or LUBA 91(1984).
Holland v. City of Cannon Beach, ___ Or LUBA ___, ___ (LUBA No 02-060, Oct 1, 2002) (slip op at 10).
Jefferson County v. OPEU, 18 PECBR 285(1999).
Terrance E. Webb, EAB Decision 96-AB-876 (Apr 16, 1996).
35 Op Atty Gen 710 (1972).
47 Op Atty Gen ___ (No 8216, Sept 7, 1994). (slip opinion)
Attorney General Letter of Advice to Rep Clayton Klein (OP-4519) (Dec 1, 2003).
Citation form will vary, depending on the code at issue. Check the official code or ordinance itself for its proper name and short citation form, e.g., the Eugene Municipal Code provides for citation to "EC." Otherwise, use the name of the code (or an abbreviation after the first reference or citation) and the number of the code provision, e.g.,
Eugene Code (EC) 3.005. (narrative and citation, first reference)
EC 3.005. (narrative and citation, subsequent reference)
Portland City Code (PCC) 14A.40.050. (narrative and citation, first reference)
PCC 14A.40.050. (narrative and citation, subsequent reference)
Senate Bill (SB) 123 (1997); House Bill (HB) 1234 (1997). (narrative form, first reference)
SB 123; HB 1234. (subsequent reference)
SB 123 (1997); HB 1234(1997). (citation form)
HB 2759 (1993), -1 amendments (Apr 13, 1993).
Senate Joint Resolution (SJR) 5 (1997); House Joint Resolution (HJR) 10 (1997). (narrative form, first reference)
SJR 5 (1997); HJR 10(1997). (citation form, first reference)
SJR 5; HJR 10. (narrative or citation form, subsequent reference)
Testimony, House Committee on Human Resources, HB 2762, Mar 17, 1981, Ex C (statement of Rep Bob Smith).
Tape Recording, House Committee on Judiciary, Subcommittee on Crime and Corrections, SB 833, June 9, 1993, Tape 126, Side A (statement of Sen Ron Cease).
Tape Recording, Senate Committee on Criminal Law and Procedure, SB 100, Mar 31, 1971, Tape 1, Side A (statement of Attorney General Joe Jones).
Audio Recording, House Committee on Judiciary, HB 2460, Apr 16, 2001, at 2:10:38 (comments of Rep Amy Smith and Rep Barbara Jones), https://olis.oregonlegislature.gov (accessed Jan 2, 2013).
Exhibit F, House Labor Committee, SB 89, June 15, 1983 (accompanying statement of BOLI representative Paul Smith).
Judgments / Enforcement of Judgments: Judgments Report (HB 2646), Oregon Law Commission, Feb 6, 2003, 12 (Judgments Report). [The parenthetical indicates the short title by which it will be referred.]
Minutes, Criminal Law Revision Commission, Jan 22, 1971, 12.
NOTE: For legislative committees, minutes should be cited as authority only to explain a committee vote or action taken, such as approving a bill with a do-pass recommendation. Any citation to discussion about a bill in the committee should be drawn from the audio recording of the hearing or work session, not the minutes.
Commentary to Criminal Law Revision Commission Proposed Oregon Criminal Code, Final Draft and Report § 122, 131 (July 1970).
Commentary to Criminal Law Revision Commission Proposed Oregon Criminal Procedure Code, Final Draft and Report § 28, 22 (Nov 1972).
Commentary § 29 at 7. (short citation form)
Legislative Comment 1 to ORS 72.7030, reprinted in Legislative Counsel Committee, Oregon's Uniform Commercial Code with Comments and Index and Tables 101 (1962).
Legislative Comment 1 to ORS 72.7030 at 102. (short citation form)
Initiative Petition 136 (2001) (IP 136). (narrative form, first reference; citation form)
IP 136. (narrative form, subsequent reference; citation form)
Ballot Measure 40 (1996). (narrative form, first reference; citation form)
Measure 40. (narrative form, subsequent reference; short citation form)
Official Voters' Pamphlet, General Election, Nov 7, 2000, 309. (citation form, first reference)
Voters' Pamphlet at 310. (subsequent reference)
The voters' pamphlet for the 2000 General Election suggests that * * *. (nar-rative form)
NOTE: The above examples refer to statewide measures. If citing a local measure, then follow the format set out above, but insert the appropriate local numbering, e.g., Ballot Measure 10-06 (1992).
Elections Division, Oregon Secretary of State, State Initiative & Referendum Manual [page] (Jan 2016), [link] (accessed Sept 19, 2017).
Oregon Sentencing Guidelines Implementation Manual 131 (1989).
NOTE: Do not use "RPC" or "RPCs" when speaking generally about the Rules of Professional Conduct; instead, cite the rules separately.
The Bar's complaint alleges that the lawyer violated Rule of Professional Conduct (RPC) 8.4(a)(3) (conduct involving dishonesty, fraud, deceit, or misrepresentation). (narrative form, first reference to any RPC)
The lawyer contends that he did not violate RPC 8.4(a)(3). (narrative form, subsequent RPC reference)
The lawyer contends that he did not violate any rule of professional conduct. (narrative form)
NOTE: The rule on pages 36 to 37 referring to the use of "former" with repealed and renumbered, but not amended, statutes, does not apply to rules of professional conduct. With rules of professional conduct, "former" is used to refer to amended, as well as repealed and renumbered, rules. If citing to a former rule, then include the year.
This is a reinstatement proceeding under Bar Rule of Procedure (BR) 8.8. (narrative form, first reference to any BR)
BR 10.1. (narrative form, subsequent reference; citation form)
American Bar Association's Standards for Imposing Lawyer Sanctions (1991) (amended 1992) (ABA Standards), Standard 5.21. (narrative or citation form, first reference)
ABA Standard 9.32(a). (narrative or citation forms, subsequent reference when citing a particular standard)
ABA Standards at 7. (citation form, subsequent reference when citing a particular page in the hardcopy manual)
ABA Standards at 7 (defining "injury," in part, as "harm to * * * the profession") (citation form for definitions appearing on a particular page in the hardcopy manual)
ABA Standard 9.22(i) (amended 1992). (narrative or citation form, subsequent reference when citing a standard contained in only the 1992 amendments)
NOTE: The copyright for the ABA Standards was updated in 2005, but the rules were not amended in 2005; therefore, the year for the amended version is 1992. The 1992 version is available online at https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/sanction_standards.pdf_
The courts do not cite briefs in the instant case in their opinions; occasionally, however, an opinion might cite a brief in another case (for example, if the brief expanded on a legal theory that the court had addressed only briefly in that other case). When citing a brief or any other official court filing, follow this format: Full name of the document, include the jump / pinpoint citation (if any), followed by the name of the case and its full citation (if rendered), and case number.
Appellant's Opening Brief at 10, State v. Doyle, 213 Or App 456, 111 P3d 87 (2007) (CA A123456).
Douglas County Circuit Court Case No 12345
If citing an event in a register of actions in the Oregon eCourt Case Information system (OECI, register of actions for Oregon circuit courts):
Motion for Stay, Filed May 1, 2014, State v. Adios (CR456789)
General Judgment, Entered June 15, 2015, State v. Adios (CR456789)
NOTE: Use the OECI "Created Date" for court-issued entries such as orders or judgments (date of entry); otherwise, use the date in the OECI Date column (date of filing of a received filing).
The Fifth Amendment to the United States Constitution. (narrative form)
The Due Process Clause of the Fourteenth Amendment to the United States Constitution. (narrative form)
US Const, Amend V. (citation form)
US Const, Art I, § 2. (citation form)
FRE 410.
FRCP 12.
FRCrP 12.
Pub L 95-473, § 11503, 92 Stat 1445-46 (1978). (citation form)
42 USC § 1983 (1982); 15 USC §§ 2051, 2053 (1982). (citation form)
42 USC section 1983; 15 USC sections 2051 and 2053. (narrative form, first reference)
section 1983. (narrative form, subsequent reference) (the "s" in section is lowercase unless it starts the sentence)
NOTE: As with ORS citations, include the year only if not citing the version currently in force.
HR Rep No 1395, 95th Cong, 2d Sess, reprinted in 1978 USCCAN 3009, 3018.
S Rep No 445, 87th Cong, 1st Sess (1961), 451-91. (if not in USCCAN)
Hearings on SB 927 Before the Subcomm on Surface Transportation of the S Comm on Commerce, 90th Cong, 1st Sess, 23 (Aug 7, 1967) (prepared statement of Jim Doe, on behalf of the American Medical Association).
116 Cong Rec S2024 (Jan 3, 1970).
IRC § 61 (1982). (citation form)
Internal Revenue Code (IRC) section 61(1982). (narrative form)
IRC section 61. (narrative form, subsequent reference)
Treasury Regulation section 1.166-1(c). (narrative form)
Treas Reg § 1.72-16(a) (2001). (citation form)
20 CFR § 552.3 (2009). (citation form)
Rev Rul 83-137, 1983-2 CB 41.
NOTE: Cite CB first, and then to IRB if CB unavailable.
Priv Ltr Rul 86-01-013 (Sept 30, 1985).
Tech Adv Mem 85-04-005 (Sept 28, 1984).
Uniform Child Custody Jurisdiction and Enforcement Act § 202 comment, 9 ULA 649, 674(1997).
Uniform Probate Code § 2-101(b), 42-43 (9th ed 1990).
1 ORS 164.125 has been amended since defendant committed his crime; however, because those amendments do not affect our analysis, we refer to the current version of the statute in this opinion.