Oregon Statutes 419B.822 – Form of summons under ORS 419B.819
The summons for appearance in a proceeding to establish permanent guardianship under ORS § 419B.365 or to terminate parental rights under ORS § 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 must be in substantially the following form:
Terms Used In Oregon Statutes 419B.822
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
___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.
___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.
NOTICE:
READ THESE PAPERS CAREFULLY!!
A petition has been filed to:
___Establish a permanent guardianship under ORS § 419B.365.
___Terminate your parental rights under ORS § 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508.
A copy of the petition is attached.
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 (establish a permanent guardianship) (terminate your parental rights) 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.
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 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 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.
By: (Name and Title)
Date Issued: ____________
______________________________________________________________________________ [2003 c.205 § 7; 2007 c.497 § 8]