UTCR 13.060

(1) All civil actions (including domestic relations cases described under

ORS 36.405(1)(b)) will be assigned to arbitration unless one of the following

occurs:

(a) The title of a pleading contains the words “CLAIM NOT SUBJECT TO

MANDATORY ARBITRATION” in compliance with subsection (3) of this rule.

(b) Any party files a notice, prior to the assignment to arbitration, that the case is

not subject to mandatory arbitration. The notice must state grounds sufficient

to exempt the case from mandatory arbitration.

(c) The court orders the case removed from mandatory arbitration under

ORS 36.405(2).

(2) Notice under part (1)(a) or (1)(b) of this rule does not prevent any party from

asserting by appropriate motion, that the case is subject to mandatory arbitration.

(3) A party must place one or the other of the following in the title of a pleading in the

case (including a claim, counterclaim, cross claim, third-party claim, petition, and

response): “SUBJECT TO MANDATORY ARBITRATION” or “CLAIM NOT

SUBJECT TO MANDATORY ARBITRATION.” When a party places the “NOT

SUBJECT” language in the title of the pleading, the party gives notice to the court

and other parties that the case is exempted from mandatory arbitration either

clearly by statute or under these rules. This language must not be in the title of a

pleading for any other purpose. A party’s signature on pleadings containing such

language constitutes the party’s certificate of such notice under ORCP 17. In all

other instances, the party will place the language in the title indicating the case is

subject to mandatory arbitration.