Oregon Statutes 105.135 – 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.
Terms Used In Oregon Statutes 105.135
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)(a) The clerk shall calculate the first appearance, which shall be:
(A) Seven days after the judicial day next following payment of the filing fees; or
(B) If the claim for possession is brought under ORS § 90.392 or 90.394 for nonpayment as defined in ORS § 90.395, 15 days after the judicial day next following payment of the filing fees.
(b) The clerk may delay the first appearance by up to seven days to accommodate dates on which a judge is unavailable to conduct the first appearance and, if possible, to accommodate dates that the plaintiff has indicated unavailability.
(c) The clerk shall enter the first appearance date on the summons.
(d) If the claim for possession is based on nonpayment as defined in ORS § 90.395, the clerk shall include as part of the summons a copy of the notice described in ORS § 105.136.
(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. [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; 2023 c.13 § 60]