Oregon Statutes 419B.812 – Issuance of summons; time for hearing on petition
(1) As used in this section and ORS § 419B.815, 419B.819 and 419B.824, a ‘true copy’ of a summons or petition means an exact and complete copy of the original summons or petition with a certificate upon the copy signed by an attorney of record or a party that indicates that the copy is exact and complete.
Terms Used In Oregon Statutes 419B.812
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Summons: Another word for subpoena used by the criminal justice system.
(2) A summons under ORS § 419B.815 or 419B.819 must be titled ‘In the matter of_____, a child’ and must contain the name of the person to be served and the address at which the summons and petition may be served.
(3) The summons must be issued no later than 30 days after the filing of a petition alleging jurisdiction under ORS § 419B.100, a petition to establish a permanent guardianship under ORS § 419B.365 or a petition seeking termination of parental rights under ORS § 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508.
(4) The petitioner, the petitioner’s attorney, the juvenile department, the district attorney, the Attorney General or the Department of Human Services may issue a summons.
(5) The summons must be signed by the:
(a) Petitioner;
(b) Petitioner’s attorney;
(c) Juvenile department;
(d) District attorney;
(e) Attorney General; or
(f) Department of Human Services.
(6) The summons must be served with a true copy of the petition.
(7) The summons and petition 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.
(8) The summons and petition may be transmitted by telegraph, facsimile or electronic mail as provided in ORS § 419B.848 (3).
(9) The court shall fix the date and time for the hearing on a petition at a reasonable time after service or, if service is by publication, final publication of the summons. The time may not be less than 24 hours after service or, if service is by publication, final publication in a proceeding to establish jurisdiction under ORS § 419B.100 and may not be less than 10 days after service or, if service is by publication, final publication in a proceeding to establish permanent guardianship or terminate parental rights. [2001 c.622 § 5; 2003 c.205 § 1; 2017 c.737 § 10]