Service and return of summons
- • posting
- • contents
- • use of facsimile
(1) Except as provided in this section, the summons shall be served and returned as in other actions.
(2) The clerk shall enter the first appearance date on the summons. That date shall be seven days after the judicial day next following payment of filing fees unless no judge is available for first appearance at that time, in which case the clerk may extend the first appearance date for up to seven additional days. At the request of the plaintiff, the clerk may enter a date more than seven days after the judicial day next following payment of filing fees if a judge will be available.
(3) Notwithstanding ORCP 10, by the end of the judicial day next following the payment of filing fees:
(a) The clerk shall mail the summons and complaint by first class mail to the defendant at the premises.
(b) The process server shall serve the defendant with the summons and complaint at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching the summons and complaint in a secure manner to the main entrance to that portion of the premises of which the defendant has possession.
(4) A sheriff may serve a facsimile of a summons and complaint that is transmitted to the sheriff by a trial court administrator or another sheriff by means of facsimile communication. A copy of the facsimile must be attached to the sheriff’s return of service. Before transmitting a summons and complaint to a sheriff under this subsection, the person sending the facsimile must receive confirmation by telephone from the sheriff’s office that a telephonic facsimile communication device is available and operating.
(5) The process server shall indicate the manner in which service was accomplished by promptly filing with the clerk a certificate of service as provided by ORCP 7 F(2)(a).
(6) In the case of premises to which ORS chapter 90 applies, the summons shall inform the defendant of the procedures, rights and responsibilities of the parties as specified in ORS 105.137 (Effect of failure of party to appear). [Amended by 1975 c.256 §11; 1977 c.327 §1; 1979 c.854 §2; 1981 c.753 §11; 1983 c.303 §6; 1983 c.581 §3; 1985 c.588 §14; 1995 c.559 §48; 1997 c.577 §33; 2007 c.255 §3; 2017 c.252 §27]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.