Rule 9. Service; when required

A Service;

when required. Except as otherwise provided in these rules, every order; every pleading

subsequent to the original complaint; every written motion other than one that

may be heard ex parte; and every written request, notice, appearance, demand,

offer to allow judgment, designation of record on appeal, and similar document

shall be served on each of the parties. No service need be made on parties in

default for failure to appear except that pleadings asserting new or additional

claims for relief against them shall be served on them in the manner provided

for service of summons in Rule 7.

B Service;

how made. Except as otherwise provided in Rule 7 or Rule 8, whenever under these rules

service is required or permitted to be made on a party, and that party is

represented by an attorney, the service shall be made on the attorney unless

otherwise ordered by the court. Service on the attorney or on a party shall be

made by delivering a copy to that attorney or party; by mailing it to the

attorney's or party's last known address; by e-mail as provided in section G of

this rule; by electronic service as provided in section H of this rule; or, if

the party is represented by an attorney, by facsimile communication as provided

in section F of this rule. Delivery of a copy within this rule means: handing

it to the person to be served; or leaving it at the person's office with the

person who is apparently in charge; or, if there is no one in charge, leaving

the copy in a conspicuous place therein; or, if the office is closed or the

person to be served has no office, leaving the copy at the person's dwelling

house or usual place of abode with some person 14 years of age or older then

residing therein. A party who has appeared without providing an appropriate

address for service may be served by filing the pleading or other document with

the court. Service by mail is complete on mailing

or, if the office is closed or the

person to be served has no office, leaving the copy at the person's dwelling

house or usual place of abode with some person 14 years of age or older then

residing therein. A party who has appeared without providing an appropriate

address for service may be served by filing the pleading or other document with

the court. Service by mail is complete on mailing. Service of any notice or

other document to bring a party into contempt may be only on that party

personally.

C Filing;

proof of service.

C(1) Generally. Except as provided by section D of this rule, all documents

required to be served on a party by section A of this rule shall be filed with

the court within a reasonable time after service. Except as otherwise provided

in Rule 7 and Rule 8, proof of service of all documents required or permitted

to be served may be by written acknowledgment of service, by affidavit or

declaration of the person making service, or by certificate of an attorney.

Proof of service may be made on the document served or as a separate document

attached thereto.

C(2) Proof of service by facsimile communication. If service is made by

facsimile communication under section F of this rule, proof of service shall be

made by affidavit or by declaration of the person making service, or by

certificate of an attorney and the person making service shall attach to the affidavit,

declaration, or certificate printed confirmation of receipt of the message

generated by the transmitting technology.

e communication. If service is made by

facsimile communication under section F of this rule, proof of service shall be

made by affidavit or by declaration of the person making service, or by

certificate of an attorney and the person making service shall attach to the affidavit,

declaration, or certificate printed confirmation of receipt of the message

generated by the transmitting technology.

C(3) Proof of service by e-mail. If service is made by e-mail under section G

of this rule, proof of service shall be made by affidavit or by declaration of

the person making service, or by certificate of an attorney, stating either

that the other party has consented to service by e-mail or that he or she

received confirmation that the message and attachment were received by the

designated recipient and specifying the method by which the sender received

confirmation. An automatically generated message indicating that the recipient

is out of the office or is otherwise unavailable cannot support the required

certification, nor can an automatically generated e-mail delivery status

notification.

C(4) Proof of service by electronic service. If service is made by electronic

service under section H of this rule, proof of service shall be made by

affidavit or by declaration of the person making service, or by certificate of

an attorney, specifying that service was completed by electronic service.

C(5) Proof of service on a party without a service address. Service on a

party who has appeared without providing an appropriate address for service

shall be by affidavit or by declaration of the person filing the document, or

by certificate of an attorney, that service by filing as provided in section B

of this rule is appropriate.

specifying that service was completed by electronic service.

C(5) Proof of service on a party without a service address. Service on a

party who has appeared without providing an appropriate address for service

shall be by affidavit or by declaration of the person filing the document, or

by certificate of an attorney, that service by filing as provided in section B

of this rule is appropriate.

D When

filing not required. Notices of deposition, requests made pursuant to Rule 43, and answers and

responses thereto shall not be filed with the court. This rule shall not

preclude their use as exhibits or as evidence on a motion or at trial. Offers

to allow judgment made pursuant to Rule 54 E shall not be filed with the court

except as provided in Rule 54 E(3).

E Filing

with the court defined. The filing of pleadings and other documents with the court as

required by these rules shall be made by filing them with the clerk of the

court or the person exercising the duties of that office. The clerk or the

person exercising the duties of that office shall endorse on the pleading or

document the time of day, the day of the month, the month, and the year. The

clerk or person exercising the duties of that office is not required to receive

for filing any document unless a caption that includes the name of the court;

the case number of the action, if one has been assigned; the title of the

document; and the names of the parties are legibly displayed on the front of

the document, nor unless the contents of the document are legible. Further, the

clerk is not required to receive for filing any document that does not include

the name, address, and telephone number of the party or the attorney for the

party, if the party is represented.

on, if one has been assigned; the title of the

document; and the names of the parties are legibly displayed on the front of

the document, nor unless the contents of the document are legible. Further, the

clerk is not required to receive for filing any document that does not include

the name, address, and telephone number of the party or the attorney for the

party, if the party is represented.

F Service

by facsimile communication. Whenever under these rules service is required or permitted

to be made on a party, and that party is represented by an attorney, the

service may be made on the attorney by means of facsimile communication if the

attorney has such technology available and said technology is operating at the

time service is made. Service in this manner shall be subject to Rule 10 B.

Facsimile communication includes: a telephonic facsimile communication device;

a facsimile server or other computerized system capable of receiving and

storing incoming facsimile communications electronically and then routing them

to users on paper or via e-mail; or an internet facsimile service that allows

users to send and receive facsimiles from their personal computers using an

existing e-mail account.

G Service

by e-mail. Whenever under these rules service is required or permitted to be made on a

party, unless the party or the party's attorney is exempted from service by

e-mail by an order of the court, the service may be made by means of e-mail.

Service is complete under this rule on confirmation of receipt of the e-mail

or, if the receiving party has consented to service by e-mail, on transmission

of the e-mail. Any party or any party's attorney must provide the name and

e-mail address of that party or that attorney and that attorney's designee, if

any, on any document served by e-mail. Any party or attorney who has

communicated by e-mail or by electronic service must notify the other parties

in writing of any changes to that party's or that attorney's e-mail address

l, on transmission

of the e-mail. Any party or any party's attorney must provide the name and

e-mail address of that party or that attorney and that attorney's designee, if

any, on any document served by e-mail. Any party or attorney who has

communicated by e-mail or by electronic service must notify the other parties

in writing of any changes to that party's or that attorney's e-mail address.

Service in this manner shall be subject to Rule 10 B.

H Service

by electronic service. As used in these rules, “electronic service” means using an

electronic filing system provided by the Oregon Judicial Department and in the

manner prescribed in rules adopted by the Chief Justice of the Oregon Supreme

Court.

[CCP 12/2/78;

amended by 1979 c.284 §10; §B amended by CCP 12/13/80; §B amended by CCP

12/4/82; §§C,D,E amended by CCP 12/13/86; amended by 1989 c.295 §1; §C amended

by 2003 c.194 §6; §F amended by CCP 12/11/04; §§A,B,E amended by CCP 12/9/06

and 2007 c.129 §§24,25,26; §C amended by CCP 12/9/06 and 2007 c.255 §15; §G

adopted by CCP 12/9/06; §D amended by CCP 12/11/10; §§A,B,C,D,E,G amended by

CCP 12/6/14; §F amended by CCP 12/6/14 and 2015 c.212 §7; §H adopted by CCP

12/6/14; §§A,B,C,E,F,G amended by CCP 12/3/16]

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