Rule 7. Definitions
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Oregon Court Rules › Oregon Rules of Civil Procedure › ORCP 7
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A
Definitions. For purposes of this rule, “plaintiff” shall include any party issuing summons
and “defendant” shall include any party on whom service of summons is sought.
For purposes of this rule, a “true copy” of a summons and complaint means an
exact and complete copy of the original summons and complaint.
B Issuance. Any time after the action
is commenced, plaintiff or plaintiff's attorney may issue as many original
summonses as either may elect and deliver such summonses to a person authorized
to serve summonses under section E of this rule. A summons is issued when
subscribed by plaintiff or an active licensee of the Oregon State Bar.
C Contents,
time for response, and required notices.
C(1) Contents. The summons shall contain:
C(1)(a) Title. The title of the cause, specifying the name of the court in which
the complaint is filed and the names of the parties to the action.
C(1)(b) Direction to defendant. A direction to the defendant requiring defendant
to appear and defend within the time required by subsection C(2) of this rule
and a notification to defendant that, in case of failure to do so, the
plaintiff will apply to the court for the relief demanded in the complaint.
C(1)(c) Subscription; post office address. A subscription by the plaintiff or by
an active licensee of the Oregon State Bar, with the addition of the post
office address at which papers in the action may be served by mail.
C(2) Time for response. If the summons is served by any manner other than
publication, the defendant shall appear and defend within 30 days from the date
of service. If the summons is served by publication pursuant to subparagraph
D(6)(a)(i) of this rule, the defendant shall appear and defend within 30 days
from the date stated in the summons. The date so stated in the summons shall be
the date of the first publication.
C(3) Notice to party served.
nner other than
publication, the defendant shall appear and defend within 30 days from the date
of service. If the summons is served by publication pursuant to subparagraph
D(6)(a)(i) of this rule, the defendant shall appear and defend within 30 days
from the date stated in the summons. The date so stated in the summons shall be
the date of the first publication.
C(3) Notice to party served.
C(3)(a) In general. All summonses, other than a summons referred to in paragraph
C(3)(b) or C(3)(c) of this rule, shall contain a notice printed in type size
equal to at least 8-point type that may be substantially in the following form:
NOTICE TO DEFENDANT:
READ THESE PAPERS
CAREFULLY!
You
must “appear” in this case or the other side will win automatically. To “appear”
you must file with the court a legal document called a “motion” or “answer.”
The “motion” or “answer” must be given to the court clerk or administrator
within 30 days along with the required filing fee. It must be in proper form
and have proof of service on the plaintiff's attorney or, if the plaintiff does
not have an attorney, proof of service on the plaintiff.
If
you have questions, you should see an attorney immediately. If you need help in
finding an attorney, you may contact the Oregon State Bar's Lawyer Referral
Service online at www.oregonstatebar.org or by calling (503) 684-3763 (in the
Portland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.
C(3)(b) Service for counterclaim or cross-claim. A summons to join a party to
respond to a counterclaim or a cross-claim pursuant to Rule 22 D(1) shall
contain a notice printed in type size equal to at least 8-point type that may
be substantially in the following form:
NOTICE TO DEFENDANT:
READ THESE PAPERS
CAREFULLY!
nd metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.
C(3)(b) Service for counterclaim or cross-claim. A summons to join a party to
respond to a counterclaim or a cross-claim pursuant to Rule 22 D(1) shall
contain a notice printed in type size equal to at least 8-point type that may
be substantially in the following form:
NOTICE TO DEFENDANT:
READ THESE PAPERS
CAREFULLY!
You
must “appear” to protect your rights in this matter. To “appear” you must file
with the court a legal document called a “motion,” a “reply” to a counterclaim,
or an “answer” to a cross-claim. The “motion,” “reply,” or “answer” must be
given to the court clerk or administrator within 30 days along with the
required filing fee. It must be in proper form and have proof of service on the
defendant's attorney or, if the defendant does not have an attorney, proof of
service on the defendant.
If
you have questions, you should see an attorney immediately. If you need help in
finding an attorney, you may contact the Oregon State Bar's Lawyer Referral
Service online at www.oregonstatebar.org or by calling (503) 684-3763 (in the
Portland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.
C(3)(c) Service on persons liable for attorney fees. A summons to join a party
pursuant to Rule 22 D(2) shall contain a notice printed in type size equal to
at least 8-point type that may be substantially in the following form:
NOTICE TO DEFENDANT:
READ THESE PAPERS
CAREFULLY!
You
may be liable for attorney fees in this case. Should plaintiff in this case not
prevail, a judgment for reasonable attorney fees may be entered against you, as
provided by the agreement to which defendant alleges you are a party.
notice printed in type size equal to
at least 8-point type that may be substantially in the following form:
NOTICE TO DEFENDANT:
READ THESE PAPERS
CAREFULLY!
You
may be liable for attorney fees in this case. Should plaintiff in this case not
prevail, a judgment for reasonable attorney fees may be entered against you, as
provided by the agreement to which defendant alleges you are a party.
You
must “appear” to protect your rights in this matter. To “appear” you must file
with the court a legal document called a “motion” or “reply.” The “motion” or “reply”
must be given to the court clerk or administrator within 30 days along with the
required filing fee. It must be in proper form and have proof of service on the
defendant's attorney or, if the defendant does not have an attorney, proof of
service on the defendant.
If
you have questions, you should see an attorney immediately. If you need help in
finding an attorney, you may contact the Oregon State Bar's Lawyer Referral
Service online at www.oregonstatebar.org or by calling (503) 684-3763 (in the
Portland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.
D Manner of
service.
D(1) Notice required. Summons shall be served, either within or without this
state, in any manner reasonably calculated, under all the circumstances, to
apprise the defendant of the existence and pendency of the action and to afford
a reasonable opportunity to appear and defend. Summons may be served in a
manner specified in this rule or by any other rule or statute on the defendant
or on an agent authorized by appointment or law to accept service of summons
for the defendant
n any manner reasonably calculated, under all the circumstances, to
apprise the defendant of the existence and pendency of the action and to afford
a reasonable opportunity to appear and defend. Summons may be served in a
manner specified in this rule or by any other rule or statute on the defendant
or on an agent authorized by appointment or law to accept service of summons
for the defendant. Service may be made, subject to the restrictions and
requirements of this rule, by the following methods: personal service of true
copies of the summons and the complaint on defendant or an agent of defendant
authorized to receive process; substituted service by leaving true copies of
the summons and the complaint at a person's dwelling house or usual place of
abode; office service by leaving true copies of the summons and the complaint
with a person who is apparently in charge of an office; service by mail; or
service by publication.
D(2) Service methods.
D(2)(a) Personal service. Personal service may be made by delivery of a true
copy of the summons and a true copy of the complaint to the person to be
served.
D(2)(b) Substituted service. Substituted service may be made by delivering true
copies of the summons and the complaint at the dwelling house or usual place of
abode of the person to be served to any person 14 years of age or older
residing in the dwelling house or usual place of abode of the person to be
served. Where substituted service is used, the plaintiff, as soon as reasonably
possible, shall cause to be mailed by first class mail true copies of the
summons and the complaint to the defendant at defendant's dwelling house or usual
place of abode, together with a statement of the date, time, and place at which
substituted service was made. For the purpose of computing any period of time
prescribed or allowed by these rules or by statute, substituted service shall
be complete on the mailing.
be mailed by first class mail true copies of the
summons and the complaint to the defendant at defendant's dwelling house or usual
place of abode, together with a statement of the date, time, and place at which
substituted service was made. For the purpose of computing any period of time
prescribed or allowed by these rules or by statute, substituted service shall
be complete on the mailing.
D(2)(c) Office service. If the person to be served maintains an office for the
conduct of business, office service may be made by leaving true copies of the
summons and the complaint at that office during normal working hours with the
person who is apparently in charge. Where office service is used, the
plaintiff, as soon as reasonably possible, shall cause to be mailed by first
class mail true copies of the summons and the complaint to the defendant at
defendant's dwelling house or usual place of abode or defendant's place of
business or any other place under the circumstances that is most reasonably
calculated to apprise the defendant of the existence and pendency of the
action, together with a statement of the date, time, and place at which office
service was made. For the purpose of computing any period of time prescribed or
allowed by these rules or by statute, office service shall be complete on the
mailing.
D(2)(d) Service by mail.
D(2)(d)(i) Generally. When service by mail is required or allowed by this rule or
by statute, except as otherwise permitted, service by mail shall be made by
mailing true copies of the summons and the complaint to the defendant by first
class mail and by any of the following: certified, registered, or express mail
with return receipt requested. For purposes of this paragraph, “first class
mail” does not include certified, registered, or express mail, return receipt
requested, or any other form of mail that may delay or hinder actual delivery
of mail to the addressee.
of the summons and the complaint to the defendant by first
class mail and by any of the following: certified, registered, or express mail
with return receipt requested. For purposes of this paragraph, “first class
mail” does not include certified, registered, or express mail, return receipt
requested, or any other form of mail that may delay or hinder actual delivery
of mail to the addressee.
D(2)(d)(ii) Calculation of time. For the purpose of computing any period of time
provided by these rules or by statute, service by mail, except as otherwise
provided, shall be complete on the day the defendant, or other person
authorized by appointment or law, signs a receipt for the mailing, or 3 days
after the mailing if mailed to an address within the state, or 7 days after the
mailing if mailed to an address outside the state, whichever first occurs.
D(3) Particular defendants. Service may be made on specified defendants as
follows:
D(3)(a) Individuals.
D(3)(a)(i) Generally. On an individual defendant, by personal delivery of true
copies of the summons and the complaint to the defendant or other person
authorized by appointment or law to receive service of summons on behalf of the
defendant, by substituted service, or by office service. Service may also be
made on an individual defendant or other person authorized to receive service
to whom neither subparagraph D(3)(a)(ii) nor D(3)(a)(iii) of this rule applies
by a mailing made in accordance with paragraph D(2)(d) of this rule provided
the defendant or other person authorized to receive service signs a receipt for
the certified, registered, or express mailing, in which case service shall be
complete on the date on which the defendant signs a receipt for the mailing.
vice
to whom neither subparagraph D(3)(a)(ii) nor D(3)(a)(iii) of this rule applies
by a mailing made in accordance with paragraph D(2)(d) of this rule provided
the defendant or other person authorized to receive service signs a receipt for
the certified, registered, or express mailing, in which case service shall be
complete on the date on which the defendant signs a receipt for the mailing.
D(3)(a)(ii) Minors. On a minor under 14 years of age, by service in the manner
specified in subparagraph D(3)(a)(i) of this rule on the minor; and
additionally on the minor's father, mother, conservator of the minor's estate,
or guardian, or, if there be none, then on any person having the care or
control of the minor, or with whom the minor resides, or in whose service the
minor is employed, or on a guardian ad litem appointed pursuant to Rule 27 B.
D(3)(a)(iii) Incapacitated persons. On a person who is incapacitated or is
financially incapable, as both terms are defined by ORS 125.005, by service in
the manner specified in subparagraph D(3)(a)(i) of this rule on the person and,
also, on the conservator of the person's estate or guardian or, if there be
none, on a guardian ad litem appointed pursuant to Rule 27 B.
D(3)(a)(iv) Tenant of a mail agent. On an individual defendant who is a “tenant” of
a “mail agent” within the meaning of ORS 646A.340, by delivering true copies of
the summons and the complaint to any person apparently in charge of the place
where the mail agent receives mail for the tenant, provided that:
D(3)(a)(iv)(A)
the plaintiff makes a diligent inquiry but cannot find the defendant; and
(3)(a)(iv) Tenant of a mail agent. On an individual defendant who is a “tenant” of
a “mail agent” within the meaning of ORS 646A.340, by delivering true copies of
the summons and the complaint to any person apparently in charge of the place
where the mail agent receives mail for the tenant, provided that:
D(3)(a)(iv)(A)
the plaintiff makes a diligent inquiry but cannot find the defendant; and
D(3)(a)(iv)(B)
the plaintiff, as soon as reasonably possible after delivery, causes true
copies of the summons and the complaint to be mailed by first class mail to the
defendant at the address at which the mail agent receives mail for the
defendant and to any other mailing address of the defendant then known to the
plaintiff, together with a statement of the date, time, and place at which the
plaintiff delivered the copies of the summons and the complaint. Service shall
be complete on the latest date resulting from the application of subparagraph
D(2)(d)(ii) of this rule to all mailings required by this subparagraph unless
the defendant signs a receipt for the mailing, in which case service is
complete on the day the defendant signs the receipt.
D(3)(b) Corporations including, but not limited to, professional corporations and
cooperatives. On a domestic or foreign corporation:
D(3)(b)(i) Primary service method. By personal service or office service on a
registered agent, officer, or director of the corporation; or by personal
service on any clerk on duty in the office of a registered agent.
D(3)(b)(ii) Alternatives. True copies of the summons and the complaint may be
served:
D(3)(b)(ii)(A)
by substituted service on the registered agent, officer, or director;
D(3)(b)(ii)(B)
by personal service on any clerk or agent of the corporation;
on a
registered agent, officer, or director of the corporation; or by personal
service on any clerk on duty in the office of a registered agent.
D(3)(b)(ii) Alternatives. True copies of the summons and the complaint may be
served:
D(3)(b)(ii)(A)
by substituted service on the registered agent, officer, or director;
D(3)(b)(ii)(B)
by personal service on any clerk or agent of the corporation;
D(3)(b)(ii)(C)
by mailing in the manner specified in paragraph D(2)(d) of this rule true
copies of the summons and the complaint to: the office of the registered agent
or to the last registered office of the corporation, if any, as shown by the
records on file in the office of the Secretary of State; or, if the corporation
is not authorized to transact business in this state at the time of the
transaction, event, or occurrence on which the action is based occurred, to the
principal office or place of business of the corporation; and, in any case, to
any address the use of which the plaintiff knows or has reason to believe is
most likely to result in actual notice; or
D(3)(b)(ii)(D)
on the Secretary of State in the manner provided in ORS 60.121 or 60.731.
D(3)(c) Limited liability companies. On a limited liability company:
D(3)(c)(i) Primary service method. By personal service or office service on a
registered agent, manager, or (for a member-managed limited liability company)
member of a limited liability company; or by personal service on any clerk on
duty in the office of a registered agent.
D(3)(c)(ii) Alternatives. True copies of the summons and the complaint may be
served:
D(3)(c)(ii)(A)
by substituted service on the registered agent, manager, or (for a
member-managed limited liability company) member of a limited liability
company;
D(3)(c)(ii)(B)
by personal service on any clerk or agent of the limited liability company;
clerk on
duty in the office of a registered agent.
D(3)(c)(ii) Alternatives. True copies of the summons and the complaint may be
served:
D(3)(c)(ii)(A)
by substituted service on the registered agent, manager, or (for a
member-managed limited liability company) member of a limited liability
company;
D(3)(c)(ii)(B)
by personal service on any clerk or agent of the limited liability company;
D(3)(c)(ii)(C)
by mailing in the manner specified in paragraph D(2)(d) of this rule true
copies of the summons and the complaint to: the office of the registered agent
or to the last registered office of the limited liability company, if any, as
shown by the records on file in the office of the Secretary of State; or, if
the limited liability company is not authorized to transact business in this
state at the time of the transaction, event, or occurrence on which the action
is based occurred, to the principal office or place of business of the limited
liability company; and, in any case, to any address the use of which the
plaintiff knows or has reason to believe is most likely to result in actual
notice; or
D(3)(c)(ii)(D)
on the Secretary of State in the manner provided in ORS 63.121.
D(3)(d) Limited partnerships. On a domestic or foreign limited partnership:
D(3)(d)(i) Primary service method. By personal service or office service on a
registered agent or a general partner of a limited partnership; or by personal
service on any clerk on duty in the office of a registered agent.
D(3)(d)(ii) Alternatives. True copies of the summons and the complaint may be
served:
D(3)(d)(ii)(A)
by substituted service on the registered agent or general partner of a limited
partnership;
vice method. By personal service or office service on a
registered agent or a general partner of a limited partnership; or by personal
service on any clerk on duty in the office of a registered agent.
D(3)(d)(ii) Alternatives. True copies of the summons and the complaint may be
served:
D(3)(d)(ii)(A)
by substituted service on the registered agent or general partner of a limited
partnership;
D(3)(d)(ii)(B)
by mailing in the manner specified in paragraph D(2)(d) of this rule true
copies of the summons and the complaint to: the office of the registered agent
or to the last registered office of the limited partnership, if any, as shown
by the records on file in the office of the Secretary of State; or, if the
limited partnership is not authorized to transact business in this state at the
time of the transaction, event, or occurrence on which the action is based
occurred, to the principal office or place of business of the limited
partnership; and, in any case, to any address the use of which the plaintiff
knows or has reason to believe is most likely to result in actual notice; or
D(3)(d)(ii)(C)
on the Secretary of State in the manner provided in ORS 70.040 or 70.045.
D(3)(e) General partnerships and limited liability partnerships. On any general
partnership or limited liability partnership by personal service on a partner
or any agent authorized by appointment or law to receive service of summons for
the partnership or limited liability partnership.
D(3)(f) Other unincorporated associations subject to suit under a common name. On any other unincorporated association subject to suit under a common name by
personal service on an officer, managing agent, or agent authorized by
appointment or law to receive service of summons for the unincorporated
association.
D(3)(g) State. On the state, by personal service on the Attorney General or by
leaving true copies of the summons and the complaint at the Attorney General's
office with a deputy, assistant, or clerk.
ubject to suit under a common name by
personal service on an officer, managing agent, or agent authorized by
appointment or law to receive service of summons for the unincorporated
association.
D(3)(g) State. On the state, by personal service on the Attorney General or by
leaving true copies of the summons and the complaint at the Attorney General's
office with a deputy, assistant, or clerk.
D(3)(h) Public bodies. On any county; incorporated city; school district; or
other public corporation, commission, board, or agency by personal service or
office service on an officer, director, managing agent, or attorney thereof.
D(3)(i) Vessel owners and charterers. On any foreign steamship owner or
steamship charterer by personal service on a vessel master in the owner's or
charterer's employment or any agent authorized by the owner or charterer to
provide services to a vessel calling at a port in the State of Oregon, or a
port in the State of Washington on that portion of the Columbia River forming a
common boundary with Oregon.
D(4) Particular actions involving motor vehicles.
D(4)(a) Actions arising out of use of roads, highways, streets, or premises open to
the public; service by mail.
D(4)(a)(i)
In any action arising out of any accident, collision, or other event giving
rise to liability in which a motor vehicle may be involved while being operated
on the roads, highways, streets, or premises open to the public as defined by
law of this state if the plaintiff makes at least one attempt to serve a
defendant who operated such motor vehicle, or caused it to be operated on the
defendant's behalf, by a method authorized by subsection D(3) of this rule
except service by mail pursuant to subparagraph D(3)(a)(i) of this rule and, as
shown by its return, did not effect service, the plaintiff may then serve that
defendant by mailings made in accordance with paragraph D(2)(d) of this rule
addressed to that defendant at:
ch motor vehicle, or caused it to be operated on the
defendant's behalf, by a method authorized by subsection D(3) of this rule
except service by mail pursuant to subparagraph D(3)(a)(i) of this rule and, as
shown by its return, did not effect service, the plaintiff may then serve that
defendant by mailings made in accordance with paragraph D(2)(d) of this rule
addressed to that defendant at:
D(4)(a)(i)(A)
any residence address provided by that defendant at the scene of the accident;
D(4)(a)(i)(B)
the current residence address, if any, of that defendant shown in the driver
records of the Department of Transportation; and
D(4)(a)(i)(C)
any other address of that defendant known to the plaintiff at the time of
making the mailings required by parts D(4)(a)(i)(A) and D(4)(a)(i)(B) of this
rule that reasonably might result in actual notice to that defendant.
Sufficient service pursuant to this subparagraph may be shown if the proof of
service includes a true copy of the envelope in which each of the certified,
registered, or express mailings required by parts D(4)(a)(i)(A), D(4)(a)(i)(B),
and D(4)(a)(i)(C) of this rule was made showing that it was returned to sender
as undeliverable or that the defendant did not sign the receipt. For the
purpose of computing any period of time prescribed or allowed by these rules or
by statute, service under this subparagraph shall be complete on the latest
date on which any of the mailings required by parts D(4)(a)(i)(A),
D(4)(a)(i)(B), and D(4)(a)(i)(C) of this rule is made. If the mailing required
by part D(4)(a)(i)(C) of this rule is omitted because the plaintiff did not
know of any address other than those specified in parts D(4)(a)(i)(A) and
D(4)(a)(i)(B) of this rule, the proof of service shall so certify.
D(4)(a)(ii)
Any fee charged by the Department of Transportation for providing address
information concerning a party served pursuant to subparagraph D(4)(a)(i) of
this rule may be recovered as provided in Rule 68.
s omitted because the plaintiff did not
know of any address other than those specified in parts D(4)(a)(i)(A) and
D(4)(a)(i)(B) of this rule, the proof of service shall so certify.
D(4)(a)(ii)
Any fee charged by the Department of Transportation for providing address
information concerning a party served pursuant to subparagraph D(4)(a)(i) of
this rule may be recovered as provided in Rule 68.
D(4)(a)(iii)
The requirements for obtaining an order of default against a defendant served
pursuant to subparagraph D(4)(a)(i) of this rule are as provided in Rule 69 E.
D(4)(b) Notification of change of address. Any person who; while operating a
motor vehicle on the roads, highways, streets, or premises open to the public
as defined by law of this state; is involved in any accident, collision, or
other event giving rise to liability shall forthwith notify the Department of
Transportation of any change of the person's address occurring within 3 years
after the accident, collision, or event.
D(5) Service in foreign country. When service is to be effected on a party in
a foreign country, it is also sufficient if service of true copies of the
summons and the complaint is made in the manner prescribed by the law of the
foreign country for service in that country in its courts of general
jurisdiction, or as directed by the foreign authority in response to letters
rogatory, or as directed by order of the court. However, in all cases service
shall be reasonably calculated to give actual notice.
ficient if service of true copies of the
summons and the complaint is made in the manner prescribed by the law of the
foreign country for service in that country in its courts of general
jurisdiction, or as directed by the foreign authority in response to letters
rogatory, or as directed by order of the court. However, in all cases service
shall be reasonably calculated to give actual notice.
D(6) Court order for service by other method. When it appears that service is
not possible under any method otherwise specified in these rules or other rule
or statute, then a motion supported by affidavit or declaration may be filed to
request a discretionary court order to allow alternative service by any method
or combination of methods that, under the circumstances, is most reasonably
calculated to apprise the defendant of the existence and pendency of the
action. If the court orders alternative service and the plaintiff knows or with
reasonable diligence can ascertain the defendant's current address, the
plaintiff must mail true copies of the summons and the complaint to the
defendant at that address by first class mail and any of the following:
certified, registered, or express mail, return receipt requested. If the
plaintiff does not know, and with reasonable diligence cannot ascertain, the
current address of any defendant, the plaintiff must mail true copies of the
summons and the complaint by the methods specified above to the defendant at the
defendant's last known address. If the plaintiff does not know, and with
reasonable diligence cannot ascertain, the defendant's current and last known
addresses, a mailing of copies of the summons and the complaint is not
required.
the
current address of any defendant, the plaintiff must mail true copies of the
summons and the complaint by the methods specified above to the defendant at the
defendant's last known address. If the plaintiff does not know, and with
reasonable diligence cannot ascertain, the defendant's current and last known
addresses, a mailing of copies of the summons and the complaint is not
required.
D(6)(a) Non-electronic alternative service. Non-electronic forms of alternative
service may include, but are not limited to, publication of summons; mailing
without publication to a specified post office address of the defendant by
first class mail as well as either by certified, registered, or express mail
with return receipt requested; or posting at specified locations. The court may
specify a response time in accordance with subsection C(2) of this rule.
D(6)(a)(i) Alternative service by publication. In addition to the contents of a
summons as described in section C of this rule, a published summons must also
contain a summary statement of the object of the complaint and the demand for
relief, and the notice required in subsection C(3) of this rule must state: “The
motion or answer or reply must be given to the court clerk or administrator
within 30 days of the date of first publication specified herein along with the
required filing fee.” The published summons must also contain the date of the
first publication of the summons.
the object of the complaint and the demand for
relief, and the notice required in subsection C(3) of this rule must state: “The
motion or answer or reply must be given to the court clerk or administrator
within 30 days of the date of first publication specified herein along with the
required filing fee.” The published summons must also contain the date of the
first publication of the summons.
D(6)(a)(i)(A) Where published. An order for publication must direct publication to be
made in a newspaper of general circulation in the county where the action is
commenced or, if there is no such newspaper, then in a newspaper to be
designated as most likely to give notice to the person to be served. The
summons must be published four times in successive calendar weeks. If the
plaintiff knows of a specific location other than the county in which the
action is commenced where publication might reasonably result in actual notice
to the defendant, the plaintiff must so state in the affidavit or declaration
required by paragraph D(6) of this rule, and the court may order publication in
a comparable manner at that location in addition to, or in lieu of, publication
in the county in which the action is commenced.
D(6)(a)(ii) Alternative service by posting. The court may order service by posting
true copies of the summons and complaint at a designated location in the
courthouse where the action is commenced and at any other location that the
affidavit or declaration required by subsection D(6) of this rule indicates
that the posting might reasonably result in actual notice to the defendant.
commenced.
D(6)(a)(ii) Alternative service by posting. The court may order service by posting
true copies of the summons and complaint at a designated location in the
courthouse where the action is commenced and at any other location that the
affidavit or declaration required by subsection D(6) of this rule indicates
that the posting might reasonably result in actual notice to the defendant.
D(6)(b) Electronic alternative service. Electronic forms of alternative service
may include, but are not limited to: e-mail; text message; facsimile
transmission as defined in Rule 9 F; or posting to a social media account. The
affidavit or declaration filed with a motion for electronic alternative service
must include: verification that diligent inquiry revealed that the defendant's
residence address, mailing address, and place of employment are unlikely to
accomplish service; the reason that plaintiff believes the defendant has
recently sent and received transmissions from the specific e-mail address or
telephone or facsimile number, or maintains an active social media account on
the specific platform the plaintiff asks to use; and facts that indicate the
intended recipient is likely to personally receive the electronic transmission.
The certificate of service must verify compliance with subparagraph D(6)(b)(i)
and subparagraph D(6)(b)(ii) of this rule. An amended certificate of service
must be filed if it later becomes evident that the intended recipient did not
personally receive the electronic transmission.
use; and facts that indicate the
intended recipient is likely to personally receive the electronic transmission.
The certificate of service must verify compliance with subparagraph D(6)(b)(i)
and subparagraph D(6)(b)(ii) of this rule. An amended certificate of service
must be filed if it later becomes evident that the intended recipient did not
personally receive the electronic transmission.
D(6)(b)(i) Content of electronic transmissions. If the court allows service by a
specific electronic method, the case name, case number, and name of the court
in which the action is pending must be prominently positioned where it is most
likely to be read first. For e-mail service, those details must appear in the
subject line. For text message service, they must appear in the first line of
the first text. For facsimile service, they must appear at the top of the first
page. For posting to a social media account, they must appear in the top lines
of the posting.
D(6)(b)(ii) Format of electronic transmissions. If the court allows alternative
service by an electronic method, the summons, complaint, and any other
documents must be attached in a file format that is capable of showing a true
copy of the original document. When an electronic method is incapable of
transferring transmissions that exceed a certain size, the plaintiff must not
exceed those express size limitations. If the size of the attachments exceeds
the limitations of any electronic method allowed, then multiple sequential
transmissions may be sent immediately after the initial transmission to
complete service.
copy of the original document. When an electronic method is incapable of
transferring transmissions that exceed a certain size, the plaintiff must not
exceed those express size limitations. If the size of the attachments exceeds
the limitations of any electronic method allowed, then multiple sequential
transmissions may be sent immediately after the initial transmission to
complete service.
D(6)(c) Unknown heirs or persons. If service cannot be made by another method
described in this section because defendants are unknown heirs or persons as
described in Rule 20 I and J, the action will proceed against the unknown heirs
or persons in the same manner as against named defendants served by publication
and with like effect; and any unknown heirs or persons who have or claim any
right, estate, lien, or interest in the property in controversy at the time of
the commencement of the action, and who are served by publication, will be
bound and concluded by the judgment in the action, if the same is in favor of
the plaintiff, as effectively as if the action had been brought against those
defendants by name.
D(6)(d) Defending before or after judgment. A defendant against whom service
pursuant to this subsection is ordered or that defendant's representatives, on
application and sufficient cause shown, at any time before judgment will be
allowed to defend the action. A defendant against whom service pursuant to this
subsection is ordered or that defendant's representatives may, on good cause
shown and on any terms that may be proper, be allowed to defend after judgment
and within one year after entry of judgment. If the defense is successful, and
the judgment or any part thereof has been collected or otherwise enforced,
restitution may be ordered by the court, but the title to property sold on
execution issued on that judgment, to a purchaser in good faith, will not be affected
thereby.
nd on any terms that may be proper, be allowed to defend after judgment
and within one year after entry of judgment. If the defense is successful, and
the judgment or any part thereof has been collected or otherwise enforced,
restitution may be ordered by the court, but the title to property sold on
execution issued on that judgment, to a purchaser in good faith, will not be affected
thereby.
D(6)(e) Defendant who cannot be served. Within the meaning of this subsection, a
defendant cannot be served with summons by any method authorized by subsection
D(3) of this rule if service pursuant to subparagraph D(4)(a)(i) of this rule
is not applicable, the plaintiff attempted service of summons by all of the
methods authorized by subsection D(3) of this rule, and the plaintiff was
unable to complete service; or if the plaintiff knew that service by these
methods could not be accomplished.
E By whom
served; compensation. A summons may be served by any competent person 18 years of age or older who is
a resident of the state where service is made or of this state and is neither a
party to the action, corporate or otherwise, nor any party's officer, director,
employee, or attorney, except as provided in ORS 180.260. However, service
pursuant to subparagraph D(2)(d)(i), as well as the mailings specified in
paragraphs D(2)(b) and D(2)(c) and part D(3)(a)(iv)(B) of this rule, may be
made by an attorney for any party. Compensation to a sheriff or a sheriff's
deputy in this state who serves a summons shall be prescribed by statute or
rule. If any other person serves the summons, a reasonable fee may be paid for
service. This compensation shall be part of disbursements and shall be
recovered as provided in Rule 68.
F Return;
proof of service.
F(1) Return of summons. The summons shall be promptly returned to the clerk
with whom the complaint is filed with proof of service or mailing, or that
defendant cannot be found. The summons may be returned by first class mail.
a reasonable fee may be paid for
service. This compensation shall be part of disbursements and shall be
recovered as provided in Rule 68.
F Return;
proof of service.
F(1) Return of summons. The summons shall be promptly returned to the clerk
with whom the complaint is filed with proof of service or mailing, or that
defendant cannot be found. The summons may be returned by first class mail.
F(2) Proof of service. Proof of service of summons or mailing may be made as
follows:
F(2)(a) Service other than publication. Service other than publication shall be
proved by:
F(2)(a)(i) Certificate of service when summons not served by sheriff or deputy. If
the summons is not served by a sheriff or a sheriff's deputy, the certificate
of the server indicating: the specific documents that were served; the time,
place, and manner of service; that the server is a competent person 18 years of
age or older and a resident of the state of service or this state and is not a
party to nor an officer, director, or employee of, nor attorney for any party,
corporate or otherwise; and that the server knew that the person, firm, or
corporation served is the identical one named in the action. If the defendant
is not personally served, the server shall state in the certificate when,
where, and with whom true copies of the summons and the complaint were left or
describe in detail the manner and circumstances of service. If true copies of
the summons and the complaint were mailed, the certificate may be made by the
person completing the mailing or the attorney for any party and shall state the
circumstances of mailing and the return receipt, if any, shall be attached.
hen,
where, and with whom true copies of the summons and the complaint were left or
describe in detail the manner and circumstances of service. If true copies of
the summons and the complaint were mailed, the certificate may be made by the
person completing the mailing or the attorney for any party and shall state the
circumstances of mailing and the return receipt, if any, shall be attached.
F(2)(a)(ii) Certificate of service by sheriff or deputy. If the summons is served by
a sheriff or a sheriff's deputy, the sheriff's or deputy's certificate of
service indicating: the specific documents that were served; the time, place,
and manner of service; and, if defendant is not personally served, when, where,
and with whom true copies of the summons and the complaint were left or
describing in detail the manner and circumstances of service. If true copies of
the summons and the complaint were mailed, the certificate shall state the
circumstances of mailing and the return receipt, if any, shall be attached.
F(2)(b) Publication. Service by publication shall be proved by an affidavit or
by a declaration.
F(2)(b)(i)
A publication by affidavit shall be in substantially the following form:
Affidavit of Publication
State of Oregon )
) ss.
County of )
I,
______, being first duly sworn, depose and say that I am the ______ (here set
forth the title or job description of the person making the affidavit), of the ______,
a newspaper of general circulation published at ______ in the aforesaid county
and state; that I know from my personal knowledge that the ______, a printed
copy of which is hereto annexed, was published in the entire issue of said
newspaper four times in the following issues: (here set forth dates of issues
in which the same was published).
Subscribed and
sworn to before me this ______ day of _____, 2______.
_______________________
Notary Public for
Oregon
My commission
expires
____ day of ____ , 2 ____ .
owledge that the ______, a printed
copy of which is hereto annexed, was published in the entire issue of said
newspaper four times in the following issues: (here set forth dates of issues
in which the same was published).
Subscribed and
sworn to before me this ______ day of _____, 2______.
_______________________
Notary Public for
Oregon
My commission
expires
____ day of ____ , 2 ____ .
F(2)(b)(ii)
A publication by declaration shall be in substantially the following form:
Declaration of Publication
State of Oregon )
) ss.
County of )
I,
______, say that I am the ______ (here set forth the title or job description
of the person making the declaration), of the ______, a newspaper of
general circulation published at ______ in the aforesaid county and
state; that I know from my personal knowledge that the ______, a printed copy
of which is hereto annexed, was published in the entire issue of said newspaper
four times in the following issues: (here set forth dates of issues in which
the same was published).
I hereby
declare that the above statement is true to the best of my knowledge and
belief, and that I understand it is made for use as evidence in court and is
subject to penalty for perjury.
________________________
___
day of _____, 2____
F(2)(c) Making and certifying affidavit. The affidavit of service may be made
and certified before a notary public, or other official authorized to
administer oaths and acting in that capacity by authority of the United States,
or any state or territory of the United States, or the District of Columbia,
and the official seal, if any, of that person shall be affixed to the
affidavit. The signature of the notary or other official, when so attested by
the affixing of the official seal, if any, of that person, shall be prima facie
evidence of authority to make and certify the affidavit.
y authority of the United States,
or any state or territory of the United States, or the District of Columbia,
and the official seal, if any, of that person shall be affixed to the
affidavit. The signature of the notary or other official, when so attested by
the affixing of the official seal, if any, of that person, shall be prima facie
evidence of authority to make and certify the affidavit.
F(2)(d) Form of certificate, affidavit, or declaration. A certificate,
affidavit, or declaration containing proof of service may be made on the
summons or as a separate document attached to the summons.
F(3) Written admission. In any case proof may be made by written admission of
the defendant.
F(4) Failure to make proof; validity of service. If summons has been properly
served, failure to make or file a proper proof of service shall not affect the
validity of the service.
G Disregard
of error; actual notice. Failure to comply with provisions of this rule relating to
the form of a summons, issuance of a summons, or who may serve a summons shall
not affect the validity of service of that summons or the existence of
jurisdiction over the person if the court determines that the defendant
received actual notice of the substance and pendency of the action. The court
may allow amendment to a summons, affidavit, declaration, or certificate of
service of summons. The court shall disregard any error in the content of a
summons that does not materially prejudice the substantive rights of the party
against whom the summons was issued. If service is made in any manner complying
with subsection D(1) of this rule, the court shall also disregard any error in
the service of a summons that does not violate the due process rights of the
party against whom the summons was issued.
sregard any error in the content of a
summons that does not materially prejudice the substantive rights of the party
against whom the summons was issued. If service is made in any manner complying
with subsection D(1) of this rule, the court shall also disregard any error in
the service of a summons that does not violate the due process rights of the
party against whom the summons was issued.
[CCP 12/2/78;
amended by 1979 c.284 §9; §D amended by CCP 12/13/80; §§D,E amended by 1981
c.898 §§4,5; §§D,F amended by CCP 12/4/82; §§D,F amended by 1983 c.751 §§3,4; §C(2)
amended by CCP 12/8/84; §D(4) amended by CCP 12/10/88 and 1/6/89; §D amended by
CCP 12/15/90; §§C,E amended by CCP 12/12/92; §D amended by 1995 c.79 §402 and
1995 c.664 §99; §§B,C,D,F,G amended and D(7) redesignated as D(6)(g) by CCP
12/14/96; §§D,E amended by CCP 12/12/98; §D amended by CCP 12/9/00; amended by
2003 c.194 §5; §§A,B,D,F,G amended and §H deleted by CCP 12/9/06; §C amended by
2007 c.129 §23; §D amended by CCP 12/13/08 and 2009 c.11 §4; §C amended by 2011
c.398 §3; §§C,D,F,G amended by CCP 12/6/14; §§C,D,E amended by CCP 12/8/18; §§A,D,F
amended by CCP 12/10/22; §§B,C amended by 2025 c.32 §§115,116]
PROCESS
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