2017 ORS 419B.851¹
Service of process
  • filing
  • proof of service

(1) Except as otherwise provided in ORS 419B.800 (Applicability of ORS 419B.800 to 419B.929) to 419B.929 (Enforcement of certain orders and judgments), every order, every petition and answer subsequent to the original petition, every written motion other than one that may be heard ex parte and every written request and similar paper must be served upon each of the parties.

(2)(a) Whenever under ORS 419B.800 (Applicability of ORS 419B.800 to 419B.929) to 419B.929 (Enforcement of certain orders and judgments) service is required or permitted to be made upon a party, and that party is represented by an attorney, the service must be made upon the attorney unless otherwise ordered by the court. Service upon the attorney or upon a party must be made by:

(A) Delivering a copy to the attorney or party;

(B) Mailing a copy to the attorney’s or party’s last known address;

(C) If the party is represented by an attorney, facsimile communication device as provided in subsection (6) of this section;

(D) Electronic mail as provided in subsection (7)(a) of this section; or

(E) Electronic service through the court’s electronic filing system under subsection (7)(b) of this section.

(b) As used in paragraph (a) of this subsection, “delivery of a copy” means:

(A) Handing it to the person to be served;

(B) Leaving it at the person’s office with the person’s clerk or a person apparently in charge of the office or, if there is no one in charge, leaving it in a conspicuous place in the office; or

(C) If the office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with a person who is over 14 years of age and who resides at the dwelling house or usual place of abode.

(c) A party who has appeared without providing an appropriate address for service may be served by placing a copy of the paper required to be served in the court file. Service by mail is complete upon mailing. Service of any notice or other paper to bring a party into contempt may only be upon such party personally.

(3) When a petition is filed under subsection (1) of this section alleging that a child who is a foreign national is within the jurisdiction of the court, or when a motion is filed requesting implementation of a plan other than return of a ward to the ward’s parent, a copy of the petition or motion shall be served on the consulate for the child or ward’s country.

(4)(a) All papers required to be served upon a party under subsection (1) of this section must be filed with the court within a reasonable time after service.

(b) Except as otherwise provided in ORS 419B.812 (Issuance of summons) to 419B.839 (Required and discretionary summons) and 419B.845 (Restraining order when child abuse alleged), proof of service of all papers required or permitted to be served may be by:

(A) Written acknowledgment of service;

(B) An affidavit of the person making service;

(C) A certificate of an attorney;

(D) When service is made by facsimile communication device, an affidavit or declaration of the person making service or a certificate of an attorney with the printed confirmation of receipt of the message that is generated by the facsimile machine attached to the affidavit or certificate;

(E) When service is made by electronic mail under subsection (7)(a) of this section, an affidavit or declaration of the person making the service, or certificate of an attorney, stating either that the party consented to service by electronic mail or that the person received confirmation that the message and attachment were received by the party and specifying the method by which the person received confirmation from the party; or

(F) If service is made by electronic service under subsection (7)(b) of this section, an affidavit or declaration of the person making service, or by certificate of an attorney, specifying that service was completed by electronic service.

(c) The proof of service required under paragraph (b)(E) or (F) of this subsection may not be by receipt of an automatically generated message indicating that the party is out of the office or an automatically generated delivery status notification.

(d) Proof of service may be made upon the papers served or as a separate document attached to the papers.

(5) The filing of any papers with the court must 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 indorse the time of day, day of the month, month and year upon the paper. The clerk or person exercising the duties of that office is not required to receive any paper for filing unless:

(a) The contents of the paper are legible; and

(b) All of the following are legibly indorsed on the front of the paper:

(A) The name of the court;

(B) The title of the cause and the paper;

(C) The names of the parties; and

(D) If there is one, the name of the attorney for the parties requesting filing.

(6) Whenever under ORS 419B.800 (Applicability of ORS 419B.800 to 419B.929) to 419B.929 (Enforcement of certain orders and judgments) service is required or permitted to be made upon a party and that party is represented by an attorney, the service may be made upon the attorney by means of a facsimile if the attorney maintains such a device at the attorney’s office and the device is operating at the time service is made.

(7) Whenever under ORS 419B.800 (Applicability of ORS 419B.800 to 419B.929) to 419B.929 (Enforcement of certain orders and judgments) service is required or permitted to be made upon a party, unless the party or the party’s attorney is exempted from service by electronic mail or electronic service by an order of the court, the service may be made by one of the following means:

(a) Electronic mail. Service by electronic mail is complete under this subsection on confirmation of receipt of the electronic mail or, if the party has consented to service by electronic mail, on transmission of the electronic mail. A party or a party’s attorney must provide the name and electronic mail address of that party or that attorney on any document served by electronic mail. A party or attorney who has made service by electronic mail must notify other parties in writing of any changes to that party’s or that attorney’s electronic mail address.

(b) Electronic service using the electronic filing system provided by the Judicial Department in the manner prescribed in rules adopted by the Chief Justice of the Supreme Court. [2001 c.622 §15; 2003 c.143 §5; 2003 c.396 §34b; 2017 c.737 §9]

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appoint­ment of “independent counsel” to represent the child in every adop­tion or termina­tion of parental rights pro­ceed­ing. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When sec­ond termina­tion of parental rights pro­ceed­ing was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first pro­ceed­ing. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are al­ways implicated in construc­tion and applica­tion of pro­vi­sions of this chapter. Depart­ment of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)

1 Legislative Counsel Committee, CHAPTER 419B—Juvenile Code: Dependency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 419B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.