Oregon Statutes 52.110 – Service; form, contents and requisites of summons
(1) At any time after the action is commenced by the filing of a complaint with the justice of the peace, the plaintiff may cause a summons to be served on the defendant. It shall be subscribed by the plaintiff or plaintiff’s attorney or the justice of the peace. It shall specify the name of the court in which the complaint is filed and shall contain the title of the cause specifying the names of the parties to the action, plaintiff and defendant. It shall be directed to the defendant and shall require the defendant to appear and defend within the time required by ORCP 7 C(2) or, in case of failure to so appear and defend, the plaintiff will take judgment against the defendant for the money, property or other relief demanded in the complaint, with costs and disbursements of the action.
Terms Used In Oregon Statutes 52.110
- 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.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
(2) A summons shall contain a notice printed in type size equal to at least 8-point type which may be substantially in the following form:
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NOTICE TO DEFENDANT:
READ THESE PAPERS
CAREFULLY!
You must ‘appear’ in this case or the other side will win automatically. To ‘appear’ you must file with the court a legal paper called a ‘motion’ or ‘answer.’ The ‘motion’ or ‘answer’ must be given to the justice of the peace within 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff.
If you have questions, you should see an attorney immediately.
______________________________________________________________________________ [Amended by 1983 c.673 § 10]