Oregon Statutes 419B.833 – Proof of service of summons or mailing
(1) Except for service by publication, proof of service of summons or mailing must be made by:
Terms Used In Oregon Statutes 419B.833
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) The certificate of the server if the summons is not served by a sheriff or a sheriff’s deputy. The certificate must indicate the time, place and manner of service, that the server is a competent person of at least 18 years of age and is a resident of the state of service or of this state and that the server reasonably believes that the person served is the identical one named in the summons. If the person served was not personally served, the server shall state in the certificate when, where and with whom a copy of the summons and petition was left or describe in detail the manner and circumstances of service. If the summons and petition were mailed, the certificate may be made by the person completing the mailing or the attorney for any party and must state the circumstances of mailing and have the return receipt attached.
(b) The sheriff’s or sheriff’s deputy’s certificate of service if the summons is served by a sheriff or a sheriff’s deputy. The certificate must indicate the time, place and manner of service and, if the person served was not personally served, when, where and with whom a copy of the summons and petition was left or describe in detail the manner and circumstances of service. If the summons and petition were mailed, the certificate must state the circumstances of mailing and have the return receipt attached.
(2) Service by publication must be proved by an affidavit in substantially the following form:
______________________________________________________________________________
I, ________, being first duly sworn, depose and say that I am the ________ (here set forth the title or job description of the person making the affidavit), of the________, a newspaper of general circulation published at ________ in the aforesaid county and state; that I know from my personal knowledge that the________, a printed copy of which is hereto annexed, was published in the entire issue of said newspaper three times in the following issues: (here set forth dates of issues in which the same was published).
Subscribed and sworn to before me this _____ day of____________, 2___.
__________________
Notary Public for Oregon
My commission expires:____________.
______________________________________________________________________________
(3) The affidavit of service may be made and certified before a notary public or other official authorized to administer oaths by the United States, any state or territory of the United States or the District of Columbia. The notary public or official shall affix the notary’s or official’s official seal, if any, to the affidavit. The signature of the notary or other official, when attested by the affixing of the official seal of the person, is prima facie evidence of authority to make and certify the affidavit.
(4) A certificate or affidavit containing proof of service may be made upon the summons or as a separate document attached to the summons.
(5) In addition to the other ways specified in this section, proof of service may be made by a written acceptance of service by the person who was served.
(6) If summons has been properly served, failure to make or file a proper proof of service does not affect the validity of the service. [2001 c.622 § 11]