Oregon Statutes 419B.818 – Form of summons under ORS 419B.815
The summons for appearance in a proceeding to establish jurisdiction under ORS § 419B.100 must be in substantially the following form:
Terms Used In Oregon Statutes 419B.818
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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.
______________________________________________________________________________
TO: Name and address
IN THE NAME OF THE STATE OF OREGON:
You are directed:
_____To appear in person before this Court at _______________ (address), Courtroom #_____, ____________, Oregon, on: the _____ day of_____, 2___, at ___ o’clock__.m. for a hearing on the allegations of the petition and at any subsequent court-ordered hearing. You must appear personally in the courtroom on the date and at the time listed above. An attorney may not attend the hearing in your place. However, if you are the child at issue in this proceeding and you have an attorney, you may rely upon your attorney to appear at the hearing on your behalf.
_____To appear in person before this Court at _______________ (address), Courtroom #_____, ____________, Oregon, on the _____ day of_____, 2___, at ___ o’clock__.m. to admit or deny the allegations of the petition and at any subsequent court-ordered hearing. You must appear personally in the courtroom on the date and at the time listed above. An attorney may not attend the hearing in your place. However, if you are the child at issue in this proceeding and you have an attorney, you may rely upon your attorney to appear at the hearing on your behalf.
_____To file a written answer to the petition no later than 30 days after the date you were served with this summons and to appear at any court-ordered hearing. An attorney may not attend any court-ordered hearing in your place. However, if you are the child at issue in this proceeding and you have an attorney, you may rely upon your attorney to file and to appear at the hearing on your behalf.
NOTICE:
READ THESE PAPERS CAREFULLY!!
A petition has been filed to establish jurisdiction under ORS § 419B.100. A copy of the petition is attached.
No later than 30 days from the date the petition is filed, each person about whom allegations have been made in the petition must admit or deny the allegations. Unless directed otherwise above, the admission or denial may be made orally at the hearing or filed with the court in writing.
If you do not appear or file a written answer as directed above, or do not appear at any subsequent court-ordered hearing, the Court may proceed without further notice and take jurisdiction of the child(ren) either on the date specified in this summons or on a future date, and make such orders and take such action as authorized by law including, but not limited to, establishing wardship over the child, ordering the removal of the child(ren) from the legal and physical custody of the parent(s) or guardian(s) and, if the petition alleges that the child(ren) has (have) been physically or sexually abused, restraining you from having contact with, or attempting to contact, the child(ren) and requiring you to move from the household in which the child(ren) resides (reside).
RIGHTS AND OBLIGATIONS
You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you are the child or the parent or legal guardian of the child and you cannot afford to hire an attorney and you meet the state’s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the juvenile court immediately. Phone _____ for further information. If you are represented by an attorney, it is your responsibility to maintain contact with your attorney and to keep your attorney advised of your whereabouts.
If you are a parent or other person legally obligated to support the child(ren), you have the obligation to support the child(ren). You may be required to pay for compensation and reasonable expenses for the child(ren)’s attorney. You may be required to pay support for the child(ren) while the child(ren) is (are) in state financed or state supported custody. You may be required to provide health insurance coverage for the child(ren) while the child(ren) is (are) in state financed or state supported custody. You may be required to pay other costs that arise from the child(ren) being in the jurisdiction of the Court. If you are ordered to pay for the child(ren)’s support or there is an existing order of support from a divorce or other proceeding, that support order may be assigned to the state to apply to the costs of the child(ren)’s care.
If this summons requires you to appear before the court to admit or deny the allegations of the petition or requires you to file a written answer to the petition and you contest the petition, the court will schedule a hearing on the allegations of the petition and order you to appear personally and may schedule other hearings related to the petition and order you to appear personally. If you are ordered to appear, you must appear personally in the courtroom, unless the court has granted you an exception in advance under ORS § 419B.918 to appear by other means including, but not limited to, telephonic or other electronic means. If you are the child at issue in this proceeding and you have an attorney, your attorney may appear in your place.
If your rights are adversely affected by the court’s judgment or decision regarding jurisdiction or disposition, you have the right to appeal under ORS § 419A.200. If you decide to appeal a judgment or decision of the court, you must file a notice of appeal no later than 30 days after the entry of the court’s judgment or decision as provided in ORS § 419A.200. You have a right to be represented by an attorney in an appeal under ORS § 419A.200. If you are the child or the parent or legal guardian of the child and you cannot afford to hire an attorney and you meet the state’s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense in an appeal under ORS § 419A.200, you must contact the juvenile court immediately.
Phone _____ for further information.
By: (Name and Title)
Date Issued: ____________
______________________________________________________________________________ [2001 c.622 § 7; 2003 c.73 § 68; 2003 c.205 § 8; 2007 c.497 § 5; 2011 c.116 § 1]