OregonRules of Civil Procedure (2017)

SCOPE;CONSTRUCTION; APPLICATION;

RULE;CITATION

1A Scope

1B Construction

1C Application

1D "Rule" defined and local rules

1E Use of declaration under penalty of perjury in lieu ofaffidavit

1E(1) Definition

1E(2) Declaration made within the United States

1E(3) Declaration made outside the boundaries of the United States

1F Electronic filing

1G Citation

FORMOF ACTION

2 Oneform of action

COMMENCEMENT

3 Commencementof action

JURISDICTION

(Personal)

4 Personaljurisdiction

4A Local presence or status

4B Special jurisdiction statutes

4C Local act or omission

4D Local injury; foreign act

4E Local services, goods, or contracts

4F Local property

4G Director or officer of a domestic corporation

4H Taxes or assessments

4I Insurance or insurers

4J Securities

4K Certain marital and domestic relations actions

4L Other actions

4M Personal representative

4N Joinder of claims in the same action

4O Defendant defined

(InRem)

5 Jurisdictionin rem

(WithoutService)

6 Personaljurisdiction without service of summons

SUMMONS

7A Definitions

7B Issuance

7C(1) Contents

7C(1) (a) Title

7C(1) (b) Direction to defendant

7C(1) (c) Subscription; post office address

7C(2) Time for response

7C(3) Notice to party served

7C(3) (a) In general

7C(3) (b) Service for counterclaim or cross-claim

7C(3) (c) Service on persons liable for attorney fees

7D Manner of service

7D(1) Notice required

7D(2) Service methods

7D(2) (a) Personal service

7D(2) (b) Substituted service

7D(2) (c) Office service

7D(2) (d) Service by mail

7D(2) (d)(i) Generally

7D(2) (d)(ii) Calculation of time

7D(3) Particular defendants

7D(3) (a) Individuals

7D(3) (a)(i) Generally

7D(3) (a)(ii) Minors

7D(3) (a)(iii) Incapacitated persons

7D(3) (a)(iv) Tenant of a mail agent

7D(3) (b) Corporations including, but not limited to, professionalcorporations and cooperatives

7D(3) (b)(i) Primary service method

7D(3) (b)(ii) Alternatives

7D(3) (c) Limited liability companies

7D(3) (c)(i) Primary service method

7D(3) (c)(ii) Alternatives

7D(3) (d) Limited partnerships

7D(3) (d)(i) Primary service method

7D(3) (d)(ii) Alternatives

7D(3) (e) General partnerships and limited liability partnerships

7D(3) (f) Other unincorporated associations subject to suit under acommon name

7D(3) (g) State

7D(3) (h) Public bodies

7D(3) (i) Vessel owners and charterers

7D(4) Particular actions involving motor vehicles

7D(4) (a) Actions arising out of use of roads, highways, streets, orpremises open to the public; service by mail

7D(4) (b) Notification of change of address

7D(5) Service in foreign country

7D(6) Court order for service; service by publication

7D(6) (a) Court order for service by other method

7D(6) (b) Contents of published summons

7D(6) (c) Where published

7D(6) (d) Mailing summons and complaint

7D(6) (e) Unknown heirs or persons

7D(6) (f) Defending before or after judgment

7D(6) (g) Defendant who cannot be served

7E By whom served; compensation

7F Return; proof of service

7F(1) Return of summons

7F(2) Proof of service

7F(2) (a) Service other than publication

7F(2) (a)(i) Certificate of service when summons not served by sheriffor deputy

7F(2) (a)(ii) Certificate of service by sheriff or deputy

7F(2) (b) Publication

7F(2) (c) Making and certifying affidavit

7F(2) (d) Form of certificate, affidavit, or declaration

7F(3) Written admission

7F(4) Failure to make proof; validity of service

7G Disregard of error; actual notice

PROCESS

8A Process

8B Where county is a party

8C Service or execution

8D Proof of service or execution

SERVICEAND FILING OF

PLEADINGSAND OTHER DOCUMENTS

9A Service; when required

9B Service; how made

9C Filing; proof of service

9C(1) Generally

9C(2) Proof of service by facsimile communication

9C(3) Proof of service by e-mail

9C(4) Proof of service by electronic service

9C(5) Proof of service on a party without a service address

9D When filing not required

9E Filing with the court defined

9F Service by facsimile communication

9G Service by e-mail

9H Service by electronic service

TIME

10A Computation

10B Additional time after service by mail, e-mail, facsimilecommunication, or electronic service

11 (Reservedfor Expansion)

PLEADINGSLIBERALLY CONSTRUED;

DISREGARDOF ERROR

12A Liberal construction

12B Disregard of error or defect not affecting substantial right

KINDSOF PLEADINGS ALLOWED;

FORMERPLEADINGS ABOLISHED

13A Pleadings

13B Pleadings allowed

13C Pleadings abolished

MOTIONS

14A Motions; in writing; grounds

14B Form

TIMEFOR FILING PLEADINGS

ORMOTIONS

15A Time for filing motions and pleadings

15B Pleading after motion

15C Responding to amended pleading

15D Enlarging time to plead or do other act

FORMOF PLEADINGS

16A Captions; names of parties

16B Concise and direct statement; paragraphs; separate statement ofclaims or defenses

16C Consistency in pleading alternative statements

16D Adoption by reference

SIGNINGOF PLEADINGS, MOTIONS

ANDOTHER PAPERS; SANCTIONS

17A Signing by party or attorney; certificate

17B Pleadings, motions and other papers not signed

17C Certifications to court

17D Sanctions

17E Rule not applicable to discovery

CLAIMSFOR RELIEF

18 Claimsfor relief

RESPONSIVEPLEADINGS

19A Defenses; form of denials

19B Affirmative defenses

19C Effect of failure to deny

SPECIALPLEADING RULES

20A Conditions precedent

20B Judgment or other determination of court or officer; how pleaded

20C Private statute; how pleaded

20D Corporate existence of city or county and of ordinances orcomprehensive plans generally; how pleaded

20E Libel or slander action

20F Official document or act

20G Recitals and negative pregnants

20H Fictitious parties

20I Designation of unknown heirs in actions relating to property

20J Designation of unknown persons

DEFENSESAND OBJECTIONS; HOW

PRESENTED;BY PLEADING

ORMOTION; MOTION FOR JUDGMENT

ONTHE PLEADINGS

21A How presented

21B Motion for judgment on the pleadings

21C Preliminary hearings

21D Motion to make more definite and certain

21E Motion to strike

21F Consolidation of defenses in motion

21G Waiver or preservation of certain defenses

COUNTERCLAIMS,CROSS-CLAIMS,

ANDTHIRD-PARTY CLAIMS

22A Counterclaims

22B Cross-claim against codefendant

22C Third-party practice

22D Joinder of additional parties

22E Separate trial

AMENDEDAND SUPPLEMENTAL PLEADINGS

23A Amendments

23B Amendments to conform to the evidence

23C Relation back of amendments

23D How amendment made

23E Supplemental pleadings

JOINDEROF CLAIMS

24A Permissive joinder

24B Forcible entry and detainer and rental due

24C Separate statement

EFFECTOF PROCEEDING AFTER

MOTIONOR AMENDMENT

25A Amendment or pleading over after motion; non-waiver of defensesor objections

25B Amendment of pleading; objections to amended pleading not waived

25C Denial of motion; non-waiver by filing responsive pleading

REALPARTY IN INTEREST;

CAPACITYOF PARTNERSHIPS AND ASSOCIATIONS

26A Real party in interest

26B Partnerships and associations

MINOROR INCAPACITATED PARTIES

27A Appearance of parties by guardian or conservator

27B Appointment of guardian ad litem for minors; incapacitated orfinancially incapable parties

27C Discretionary appointment of guardian ad litem for a party witha disability

27D Method of seeking appointment of guardian ad litem

27E Notice of motion seeking appointment of guardian ad litem

27F Contents of notice

27G Hearing

27H Waiver or modification of notice

27I Settlement

JOINDEROF PARTIES

28A Permissive joinder as plaintiffs or defendants

28B Separate trials

JOINDEROF PERSONS NEEDED

FORJUST ADJUDICATION

29A Persons to be joined if feasible

29B Determination by court whenever joinder not feasible

29C Exception of class actions

MISJOINDERAND NONJOINDER

OFPARTIES

30 Misjoinderand nonjoinder of parties

INTERPLEADER

31A Parties

31B Procedure

31C Attorney fees

CLASSACTIONS

32A Requirement for class action

32B Class action maintainable

32C Determination by order whether class action to be maintained

32D Dismissal or compromise of class actions; court approvalrequired; when notice required

32E Court authority over conduct of class actions

32F Notice and exclusion

32G Commencement or maintenance of class actions regardingparticular issues; subclasses

32H Notice and demand required prior to commencement of action fordamages

32I Limitation on maintenance of class actions for damages

32J Application of sections H and I of this rule to actions forequitable relief; amendment of complaints for equitable relief to requestdamages permitted

32K Coordination of pending class actions sharing common question oflaw or fact

32L Form of judgment

32M Attorney fees, costs, disbursements, and litigation expenses

32N Statute of limitations

32O Payment of damages

INTERVENTION

33A Definition

33B Intervention of right

33C Permissive intervention

33D Procedure

SUBSTITUTIONOF PARTIES

34A Nonabatement of action by death, disability, or transfer

34B Death of a party; continued proceedings

34C Disability of a party; continued proceedings

34D Death of a party; surviving parties

34E Transfer of interest

34F Public officers; death or separation from office

34G Procedure

35 (Reservedfor Expansion)

GENERALPROVISIONS

GOVERNINGDISCOVERY

36A Discovery methods

36B Scope of discovery

36B(1) In general

36B(2) Insurance agreements or policies

36B(2) (a) Requirement to disclose

36B(2) (b) Procedure for disclosure

36B(2) (c) Admissibility; applications for insurance

36B(2) (d) Definition

36B(3) Trial preparation materials

36B(3) (a) Materials subject to a showing of substantial need

36B(3) (b) Prior statements

36C Court order limiting extent of disclosure

36C(1) Relief available; grounds for limitation

36C(2) Denial of motion

PERPETUATIONOF TESTIMONY

OREVIDENCE BEFORE ACTION

ORPENDING APPEAL

37A Before action

37A(1) Petition

37A(2) Notice and service

37A(3) Order and examination

37B Pending appeal

37C Perpetuation by action

37D Filing of depositions

PERSONSWHO MAY ADMINISTER

OATHSFOR DEPOSITIONS;

FOREIGNDEPOSITIONS

38A Within Oregon

38B Outside the state

38C Foreign depositions and subpoenas

38C(1) Definitions

38C(2) Issuance of subpoena

38C(3) Service of subpoena

38C(4) Effects of request for subpoena

38C(5) Motions

38C(6) Uniformity of application and construction

DEPOSITIONSUPON ORAL EXAMINATION

39A When deposition may be taken

39B Order for deposition or production of prisoner

39C Notice of examination

39C(1) General requirements

39C(2) Special notice

39C(3) Shorter or longer time

39C(4) Non-stenographic recording

39C(5) Production of documents and things

39C(6) Deposition of organization

39C(7) Deposition by telephone

39D Examination; record; oath; objections

39D(1) Examination; cross-examination; oath

39D(2) Record of examination

39D(3) Objections

39D(4) Written questions as alternative

39E Motion for court assistance; expenses

39E(1) Motion for court assistance

39E(2) Allowance of expenses

39F Submission to witness; changes; statement

39F(1) Necessity of submission to witness for examination

39F(2) Procedure after examination

39F(3) No request for examination

39G Certification; filing; exhibits; copies

39G(1) Certification

39G(2) Filing

39G(3) Exhibits

39G(4) Copies

39H Payment of expenses upon failure to appear

39H(1) Failure of party to attend

39H(2) Failure of witness to attend

39I Perpetuation of testimony after commencement of action

DEPOSITIONSUPON WRITTEN QUESTIONS

40A Serving questions; notice

40B Officer to take responses and prepare record

EFFECTOF ERRORS AND

IRREGULARITIESIN DEPOSITIONS

41A As to notice

41B As to disqualification of officer

41C As to taking of deposition

41D As to completion and return of deposition

42 (Reservedfor Expansion)

PRODUCTIONOF DOCUMENTS AND

THINGSAND ENTERING PROPERTY FOR

INSPECTIONAND OTHER PURPOSES

43A Scope

43A(1) Documents or things

43A(2) Entering property

43B Procedure

43B(1) Generally

43B(2) Time for response

43B(3) Objections

43B(4) Continuing duty

43B(5) Seeking relief under Rule 46 A(2)

43C Writing called for need not be offered

43D Persons not parties

43E Electronically stored information ("ESI")

43E(1) Form in which ESI is to be produced

43E(2) Meetings to resolve issues regarding ESI production; relevance todiscovery motions

PHYSICALAND MENTAL EXAMINATION

OFPERSONS; REPORTS OF EXAMINATIONS

44A Order for examination

44B Report of examining physician or psychologist

44C Reports of examinations; claims for damages for injuries

44D Report; effect of failure to comply

44D(1) Preparation of written report

44D(2) Failure to comply or make report or request report

44E Access to individually identifiable health information

REQUESTSFOR ADMISSION

45A Request for admission

45B Response

45C Motion to determine sufficiency

45D Effect of admission

45E Form of response

45F Number

45F(1) Generally

45F(2) Requests related to admissibility of business records

FAILURETO MAKE

DISCOVERY;SANCTIONS

46A Motion for order compelling discovery

46A(1) Appropriate court

46A(1) (a) Parties

46A(1) (b) Non-parties

46A(2) Motion

46A(3) Evasive or incomplete answer

46A(4) Award of expenses of motion

46B Failure to comply with order

46B(1) Sanctions by court in the county where the deponent is located

46B(2) Sanctions by court in which action is pending

46B(2) (a) Establishment of facts

46B(2) (b) Designated matters

46B(2) (c) Strike, stay, or dismissal

46B(2) (d) Contempt of court

46B(2) (e) Inability to produce person

46B(3) Payment of expenses

46C Expenses on failure to admit

46D Failure of party to attend own deposition or to respond torequest for production or inspection

SUMMARYJUDGMENT

47A For claimant

47B For defending party

47C Motion and proceedings thereon

47D Form of affidavits and declarations; defense required

47E Affidavit or declaration of attorney when expert opinionrequired

47F When affidavits or declarations are unavailable

47G Affidavits or declarations made in bad faith

47H Multiple parties or claims; limited judgment

48 (Reservedfor Expansion)

49 (Reservedfor Expansion)

JURYTRIAL

50 Jurytrial of right

ISSUES;TRIAL BY JURY

ORBY THE COURT

51A Issues

51B Issues of law; how tried

51C Issues of fact; how tried

51D Advisory jury and jury trial by consent

POSTPONEMENTOF CASES

52A Postponement

52B Absence of evidence

CONSOLIDATION;SEPARATE TRIALS

53A Joint hearing or trial; consolidation of actions

53B Separate trials

DISMISSALOF ACTIONS; OFFER TO ALLOW JUDGMENT

54A Voluntary dismissal; effect thereof

54A(1) By plaintiff; by stipulation

54A(2) By order of court

54A(3) Costs and disbursements

54B Involuntary dismissal

54B(1) Failure to comply with rule or order

54B(2) Insufficiency of evidence

54B(3) Dismissal for want of prosecution; notice

54B(4) Effect of judgment of dismissal

54C Dismissal of counterclaim, cross-claim, or third party claim

54D Costs of previously dismissed action

54D(1) Previous action dismissed by plaintiffs

54D(2) Previous claim dismissed with prejudice

54E Offer to allow judgment; effect of acceptance or rejection

54E(1) Offer

54E(2) Acceptance of offer

54E(3) Failure to accept offer

54F Settlement conferences

SUBPOENA

55A Defined; form

55B For production of books, papers, documents, or tangible thingsand to permit inspection

55C Purpose; issuance

55C(1) Purpose

55C(1) (a) Civil actions

55C(1) (b) Foreign depositions

55C(1) (c) Other uses

55C(2) By whom issued

55C(2) (a) By the clerk of the court, or a judge or justice of the courtfor civil actions

55C(2) (a)(i) Requirements for subpoenas issued in blank

55C(2) (b) By the clerk of the court for foreign depositions

55C(2) (c) By a judge, justice, or other officer

55C(2) (d) By an attorney

55D Service; service on law enforcement agency; service by mail;proof of service

55D(1) Service

55D(2) Service on law enforcement agency

55D(2) (a) Designated individuals

55D(2) (b) Time limitation

55D(2) (c) Notice to officer

55D(2) (d) "Law enforcement agency" defined

55D(3) Service by mail

55D(3) (a) Contact with willing witness

55D(3) (b) Payment to witness of fees and mileage

55D(3) (c) Time limitations

55D(4) Service by mail of subpoena not accompanied by command to appear

55D(5) Proof of service; qualifications

55E Subpoena for hearing or trial; prisoners

55F Subpoena for taking depositions or requiring production ofbooks, papers, documents, or tangible things; place of production andexamination

55F(1) Subpoena for taking deposition

55F(2) Place of examination

55F(3) Production without examination or deposition

55G Disobedience of subpoena; refusal to be sworn or to answer as awitness

55H Individually identifiable health information

55H(1) Definitions

55H(1) (a) "Individually identifiable health information"

55H(1) (b) "Qualified protective order"

55H(2) Procedure

55H(2) (a) Supporting documentation

55H(2) (b) Objection

55H(2) (c) Time for compliance

55H(2) (d) Method of compliance

55H(2) (e) Inspection of records

55H(2) (f) Service of subpoena

55H(3) Affidavit or declaration of custodian of records

55H(3) (a) Content

55H(3) (b) When custodian has no records or fewer records than requested

55H(3) (c) Multiple affidavits or declarations

55H(4) Personal attendance of custodian of records may be required

55H(4) (a) Required statement

55H(4) (b) Multiple subpoenas

55H(5) Tender and payment of fees

55H(6) Scope of discovery

TRIALBY JURY

56 Trialby jury defined

56A Twelve-person juries

56B Six-person juries

JURORS

57A Challenging compliance with selection procedures

57A(1) Motion

57A(2) Stay of proceedings

57A(3) Exclusive means of challenge

57B Jury; how drawn

57C Examination of jurors

57D Challenges

57D(1) Challenges for cause; grounds

57D(2) Peremptory challenges; number

57D(3) Conduct of peremptory challenges

57D(4) Challenge of peremptory challenge exercised on basis of race,ethnicity, or sex

57E Oath of jury

57F Alternate jurors

57F(1) Definition

57F(2) Decision to allow alternate jurors

57F(3) Peremptory challenges; number

57F(4) Duties and responsibilities

57F(5) Installation and discharge

TRIALPROCEDURE

58A Manner of proceedings on trial by the court

58B Manner of proceedings on jury trial

58C Separation of jury before submission of cause; admonition

58D Proceedings if juror becomes sick

58E Failure to appear for trial

INSTRUCTIONSTO JURY

ANDDELIBERATION

59A Proposed instructions

59B Charging the jury

59C Deliberation

59C(1) Exhibits

59C(2) Written statement of issues

59C(3) Copies of documents

59C(4) Notes

59C(5) Custody of and communications with jury

59C(6) Separation during deliberation

59C(7) Juror's use of private knowledge or information

59D Further instructions

59E Comments on evidence

59F Discharge of jury without verdict

59F(1) When jury may be discharged

59F(2) New trial when jury discharged

59G Return of jury verdict

59G(1) Declaration of verdict

59G(2) Number of jurors concurring

59G(3) Polling the jury

59G(4) Informal or insufficient verdict

59G(5) Completion of verdict; form and entry

59H Necessity of noting exception on error in statement of issues orinstructions given or refused

59H(1) Statement of issues or instructions given or refused

59H(2) Exceptions must be specific and on the record

MOTIONFOR DIRECTED VERDICT

60 Motionfor a directed verdict

VERDICTS,GENERAL AND SPECIAL

61A General verdict

61B Special verdict

61C General verdict accompanied by answer to interrogatories

61D Action for specific personal property

FINDINGSOF FACT

62A Necessity

62B Proposed findings; objections

62C Entry of judgment

62D Extending or lessening time

62E Necessity

62F Effect of findings of fact

JUDGMENTNOTWITHSTANDING

THEVERDICT

63A Grounds

63B Reserving ruling on directed verdict motion

63C Alternative motion for new trial

63D(1) Time for motion and ruling

63D(2) Effect of notice of appeal

63E Duties of the clerk

63F Motion for new trial after judgment notwithstanding the verdict

NEWTRIALS

64A New trial defined

64B Jury trial; grounds for new trial

64C New trial in case tried without a jury

64D Specification of grounds of motion; when motion must be onaffidavits or declarations

64E When counteraffidavits or counterdeclarations are allowed;former proceedings considered

64F(1) Time of motion; counteraffidavits or counterdeclarations; hearingand determination

64F(2) Effect of notice of appeal

64G New trial on court's own initiative

REFEREES

65A In general

65A(1) Appointment

65A(2) Compensation

65A(3) Delinquent fees

65B Reference

65B(1) Reference by agreement

65B(2) Reference without agreement

65C Powers

65C(1) Order of reference

65C(2) Power under order of reference

65C(3) Record

65D Proceedings

65D(1) Meetings

65D(2) Witnesses

65D(3) Accounts

65E Report

65E(1) Contents

65E(2) Filing

65E(3) Effect

SUBMITTEDCONTROVERSY

66A Submission without action

66A(1) Contents of submission

66A(2) Who must sign the submission

66A(3) Effect of the submission

66B Submission of pending case

66B(1) Pleadings deemed abandoned

66B(2) Provisional remedies

JUDGMENTS

67A Definitions

67B Judgment for less than all claims or parties in action

67C Relief granted

67D Judgment in action for recovery of personal property

67E Judgment in action against partnership, unincorporatedassociation, or parties jointly indebted

67E(1) Partnership and unincorporated association

67E(2) Joint obligations; effect of judgment

67F Judgment by stipulation

67F(1) Availability of judgment by stipulation

67F(2) Filing; assent in open court

67G Judgment on portion of claim exceeding counterclaim

PLEADING,ALLOWANCE, AND

TAXATIONOF ATTORNEY

FEESAND COSTS

ANDDISBURSEMENTS

68A Definitions

68A(1) Attorney fees

68A(2) Costs and disbursements

68B Allowance of costs and disbursements

68C Award of and entry of judgment for attorney fees and costs anddisbursements

68C(1) Application of this section to award of attorney fees

68C(2) (a) Alleging right to attorney fees

68C(2) (b) Alternatives

68C(2) (c) Specific amount not required

68C(2) (d) Pleadings or motions responding to allegations of right toattorney fees

68C(3) Proof

68C(4) Procedure for seeking attorney fees or costs and disbursements

68C(4) (a) Filing and serving statement of attorney fees and costs anddisbursements

68C(4) (b) Filing and serving objections

68C(4) (c) Response to objections

68C(4) (d) Amendments and enlargements of time

68C(4) (d)(i) Amendments; supplements

68C(4) (d)(ii) Discretion related to time of filing

68C(4) (e) Hearing on objections

68C(4) (e)(i) How determined

68C(4) (e)(ii) Court's ruling

68C(4) (f) No timely objections

68C(4) (g) Findings and conclusions

68C(5) Judgment concerning attorney fees or costs and disbursements

68C(5) (a) As part of judgment

68C(5) (b) After entry of a judgment

68C(5) (b)(i) After entry of a general or supplemental judgment

68C(5) (b)(ii) After entry of a limited judgment

68C(6) Avoidance of multiple collection of attorney fees and costs anddisbursements

68C(6) (a) Separate judgments for separate claims

68C(6) (b) Separate judgments for the same claim

68C(7) Procedure for seeking attorney fees or costs and disbursementsincurred in enforcing judgments

68C(7) (a) Frequency

68C(7) (b) Procedure

DEFAULTORDERS AND JUDGMENTS

69A In general

69B Intent to appear; notice of intent to apply for an order ofdefault

69C Motion for order of default

69D Motion for judgment by default

69E Certain motor vehicle cases

69F Setting aside an order of default or judgment by default

RELIEFFROM JUDGMENT OR ORDER

71A Clerical mistakes

71B Mistakes; inadvertence; excusable neglect; newly discoveredevidence, etc.

71B(1) By motion

71B(2) When appeal pending

71C Relief from judgment by other means

71D Writs and bills abolished

STAYOF PROCEEDINGS

TOENFORCE JUDGMENT

72A Immediate execution; discretionary stay

72B Other stays

72C Stay or injunction in favor of public body

72D Stay of judgment as to multiple claims or multiple parties

JUDGMENTSBY CONFESSION

73A Judgments that may be confessed

73A(1) For money due; where allowed

73A(2) Consumer transactions

73B Statement by defendant

73C Filing of statement by plaintiff; entry, enforcement ofjudgment

73D Confession by joint debtors

74 (Reservedfor Expansion)

75 (Reservedfor Expansion)

76 (Reservedfor Expansion)

77 (Reservedfor Expansion)

ORDEROR JUDGMENT

FORSPECIFIC ACTS

78A Judgment requiring performance considered equivalent thereto

78B Enforcement; contempt

78C Application

TEMPORARYRESTRAINING ORDERS

ANDPRELIMINARY INJUNCTIONS

79A Availability generally

79A(1) Circumstances

79A(2) Time

79B Temporary restraining order

79B(1) Notice

79B(2) Contents of order; duration

79B(3) Hearing on preliminary injunction

79B(4) Adverse party's motion to dissolve or modify

79B(5) Temporary restraining orders not extended by implication

79C Preliminary injunction

79C(1) Notice

79C(2) Consolidation of hearing with trial on merits

79D Form and scope of injunction or restraining order

79E Scope of rule

79F Writ abolished

RECEIVERS

80A Receiver defined; applicability

80B When appointment of receiver authorized

80B(1) Provisionally to protect property

80B(2) To effectuate judgment

80B(3) To dispose of property, to preserve during appeal or when executionunsatisfied

80B(4) Creditor's action

80B(5) Attaching creditor

80B(6) Protect, preserve, or restrain property subject to execution

80B(7) Corporations and associations; when provided by statute

80B(8) Corporations and associations; to protect property or interest ofstockholders or creditors

80C Appointment of receivers; notice

80D Form of order appointing receivers

80E Notice to persons interested in receivership

80F Special notices

80F(1) Required notice

80F(2) Request for special notice

80F(3) Form and service of notices

80G Termination of receiverships

DEFINITIONS;SERVICE;

ADVERSECLAIMANTS

81A Definitions

81A(1) Attachment

81A(2) Bank

81A(3) Clerk

81A(4) Consumer goods

81A(5) Consumer transaction

81A(6) Issuing officer

81A(7) Levy

81A(8) Plaintiff and defendant

81A(9) Provisional process

81A(10) Security interest

81A(11) Sheriff

81A(12) Writ

81B Service of notices or orders; proof of service

81B(1) Service

81B(2) Proof of service

81C Adverse claimants

81C(1) Summary release of attachment

81C(2) Continuation of attachment

SECURITY;BONDS

ANDUNDERTAKINGS; JUSTIFICATION

OFSURETIES

82A Security required

82A(1) Restraining orders; preliminary injunctions

82A(2) Receivers

82A(3) Attachment or claim and delivery

82A(4) Other provisional process

82A(5) Form of security or bond

82A(6) Modification of security requirements by court

82B Security; proceedings against sureties

82C Approval by clerk

82D Qualifications of sureties

82D(1) Individuals

82D(2) Corporations

82E Affidavits or declarations of sureties

82E(1) Individuals

82E(2) Corporations

82E(3) Service

82F Objections to sureties

82G Hearing on objections to sureties

82G(1) Request for hearing

82G(2) Information to be furnished

82G(3) Surety insurers

PROVISIONALPROCESS

83A Requirements for issuance

83B Provisional process prohibited in certain consumer transactions

83C Evidence admissible; choice of remedies available to court

83D Issuance of provisional process where damage to propertythreatened

83E Restraining order to protect property

83F Appearance; hearing; service of show cause order; content;effect of service on person in possession of property

83G Waiver; order without hearing

83H Authority of court on sustaining validity of underlying claim;provisional process; restraining order

ATTACHMENT

84A Actions in which attachment allowed

84A(1) Order for provisional process

84A(2) Actions in which attachment allowed

84A(3) Exception for financial institution

84B Property that may be attached

84C Attachment by claim of lien

84C(1) Property subject to claim of lien

84C(2) Form of claim; filing

84C(2) (a) Form

84C(2) (b) Filing

84D Writ of attachment

84D(1) Issuance; contents; to whom directed; issuance of several writs

84D(2) Manner of executing writ

84D(2) (a) Personal property not in possession of third party

84D(2) (b) Other personal property

84D(3) Notice to defendant

84D(4) Return of writ; inventory

84D(5) Indemnity to sheriff

84E Disposition of attached property after judgment

84E(1) Judgment for plaintiff

84E(2) Judgment not for plaintiff

84F Redelivery of attached property

84F(1) Order and bond

84F(2) Defense of surety

CLAIMAND DELIVERY

85A Claim and delivery

85B Delivery by sheriff under provisional process order

85C Custody and delivery of property

85D Filing of order by sheriff

85E Dismissal prohibited

Note:The Oregon Rules of Civil Procedure set forth below are printed and publishedin Oregon Revised Statutes pursuant to ORS 1.750.

Rules1 through 64 were promulgated originally on December 2, 1978, and submitted tothe Legislative Assembly at its 1979 Regular Session by the Council on CourtProcedures pursuant to ORS 1.735. Rules 65 through 85, and amendments ofpreviously adopted rules, were promulgated originally on December 13, 1980, andsubmitted to the Legislative Assembly at its 1981 Regular Session by theCouncil. Some of the rules have been amended by the Legislative Assembly.

Thesource of each rule is indicated in a bracketed notation following the text ofthe rule. For example:

[CCP12/2/78] indicates the rule was promulgated by the Council on Court Procedureson December 2, 1978.

[CCP12/13/80] indicates the rule was promulgated by the Council on December 13,1980.

[CCP12/2/78; amended by CCP 12/13/80] indicates the rule was promulgated by theCouncil on December 2, 1978, and amended by the Council by promulgation onDecember 13, 1980.

[CCP12/2/78; amended by 1979 c.284 7; D amended by 1981 c.898 3] indicates thatthe rule was amended by section 7, chapter 284, Oregon Laws 1979, and thatsection D of the rule was amended by section 3, chapter 898, Oregon Laws 1981.

[CCP12/2/78; K amended by 1979 c.284 8; M amended by CCP 12/13/80] indicatesthat section K of the rule was amended by section 8, chapter 284, Oregon Laws1979, and that section M of the rule was amended by the Council on December 13,1980.

[CCP12/2/78; amended by CCP 12/13/80; 1981 c.912 1]

indicatesthat the rule was amended by the Council on December 13, 1980, and by section1, chapter 912, Oregon Laws 1981.

[CCP12/2/78; amended by 1979 c.284 9; D amended by CCP 12/13/80; D amended by1981 c.898 4] indicates that the rule was amended by section 9, chapter 284,Oregon Laws 1979, that section D of the rule was amended by the Council onDecember 13, 1980, and that section D of the rule was amended by section 4,chapter 898, Oregon Laws 1981.

[CCP12/2/78; E,F,G adopted by CCP 12/13/80; F deleted and G redesignated by CCP12/14/96] indicates that the rule was promulgated by the Council on December 2,1978, and that sections E, F and G of the rule were adopted by the Council bypromulgation on December 13, 1980, and that section F was deleted and thatsection G was redesignated by the Council by promulgation on December 14, 1996.

SCOPE;CONSTRUCTION;

APPLICATION;RULE; CITATION

RULE1

AScope.These rules govern procedure and practice in all circuit courts of this state,except in the small claims department of circuit courts, for all civil actionsand special proceedings whether cognizable as cases at law, in equity, or ofstatutory origin except where a different procedure is specified by statute orrule. These rules shall also govern practice and procedure in all civil actionsand special proceedings, whether cognizable as cases at law, in equity, or ofstatutory origin, for the small claims department of circuit courts and for allother courts of this state to the extent they are made applicable to thosecourts by rule or statute. Reference in these rules to actions shall includeall civil actions and special proceedings whether cognizable as cases at law,in equity or of statutory origin.

BConstruction.These rules shall be construed to secure the just, speedy, and inexpensivedetermination of every action.

CApplication.These rules, and amendments thereto, shall apply to all actions pending at thetime of or filed after their effective date, except to the extent that in theopinion of the court their application in a particular action pending when therules take effect would not be feasible or would work injustice, in which eventthe former procedure applies.

D"Rule" defined and local rules. References to "these rules"shall include Oregon Rules of Civil Procedure numbered 1 through 85. Generalreferences to "rule" or "rules" shall mean only rule orrules of pleading, practice, and procedure established by ORS 1.745, orpromulgated under ORS 1.006, 1.735, 2.130, and 305.425, unless otherwisedefined or limited. These rules do not preclude a court in which they applyfrom regulating pleading, practice, and procedure in any manner notinconsistent with these rules.

EUse of declaration under penalty of perjury in lieu of affidavit.

E(1)Definition. As used in these rules, "declaration" means adeclaration under penalty of perjury. A declaration may be used in lieu of anyaffidavit required or allowed by these rules. A declaration may be made withoutnotice to adverse parties.

E(2)Declaration made within the United States. A declaration made within theUnited States must be signed by the declarant and must include the followingsentence in prominent letters immediately above the signature of the declarant:"I hereby declare that the above statement is true to the best of myknowledge and belief, and that I understand it is made for use as evidence incourt and is subject to penalty for perjury."

E(3)Declaration made outside the boundaries of the United States. Adeclaration made outside the boundaries of the United States as defined in ORS194.805 (1) must be signed by the declarant and must include the followinglanguage in prominent letters immediately following the signature of thedeclarant: "I declare under penalty of perjury under the laws of Oregonthat the foregoing is true and correct, and that I am physically outside thegeographic boundaries of the United States, Puerto Rico, the United StatesVirgin Islands, and any territory or insular possession subject to thejurisdiction of the United States. Executed on the ______ (day) of ______(month), ______(year) at__________ (city or other location), __________(country)."

FElectronic filing.Any reference in these rules to any document, except a summons, that isexchanged, served, entered, or filed during the course of civil litigationshall be construed to include electronic images or other digital information inaddition to printed versions, as may be permitted by rules of the court inwhich the action is pending.

GCitation.These rules may be referred to as ORCP and may be cited, for example, bycitation of Rule 7, section D, subsection (3), paragraph (a), subparagraph(iv), part (A), as ORCP 7 D(3)(a)(iv)(A). [CCP 12/2/78; amended by 1979 c.2847; D amended by 1981 c.898 3; D amended by 1981 s.s. c.1 21; E amended byCCP 12/13/86; A amended by 1995 c.658 117; amended by 2003 c.194 1; Fadopted and former F redesignated as G and D,E,G amended by CCP 12/13/08;E amended by 2013 c.218 9; A,E,F amended by CCP 12/6/14]

FORMOF ACTION

RULE2

Oneform of action.There shall be one form of action known as a civil action. All proceduraldistinctions between actions at law and suits in equity are hereby abolished,except for those distinctions specifically provided for by these rules, bystatute, or by the Constitution of this state. [CCP 12/2/78]

COMMENCEMENT

RULE3

Commencementof action.Other than for purposes of statutes of limitations, an action shall becommenced by filing a complaint with the clerk of the court. [CCP 12/2/78]

JURISDICTION

(Personal)

RULE4

Personaljurisdiction.A court of this state having jurisdiction of the subject matter hasjurisdiction over a party served in an action pursuant to Rule 7 under any ofthe following circumstances:

ALocal presence or status. In any action, whether arising within or without this state,against a defendant who when the action is commenced:

A(1)Is a natural person present within this state when served; or

A(2)Is a natural person domiciled within this state; or

A(3)Is a corporation created by or under the laws of this state; or

A(4)Is engaged in substantial and not isolated activities within this state,whether such activities are wholly interstate, intrastate, or otherwise; or

A(5)Has expressly consented to the exercise of personal jurisdiction over suchdefendant.

BSpecial jurisdiction statutes. In any action which may be brought under statutesor rules of this state that specifically confer grounds for personaljurisdiction over the defendant.

CLocal act or omission. In any action claiming injury to person or property within orwithout this state arising out of an act or omission within this state by thedefendant.

DLocal injury; foreign act. In any action claiming injury to person or property withinthis state arising out of an act or omission outside this state by thedefendant, provided in addition that at the time of the injury, either:

D(1)Solicitation or service activities were carried on within this state by or onbehalf of the defendant; or

D(2)Products, materials, or things distributed, processed, serviced, ormanufactured by the defendant were used or consumed within this state in theordinary course of trade.

ELocal services, goods, or contracts. In any action or proceeding which:

E(1)Arises out of a promise, made anywhere to the plaintiff or to some third partyfor the plaintiff's benefit, by the defendant to perform services within thisstate or to pay for services to be performed in this state by the plaintiff; or

E(2)Arises out of services actually performed for the plaintiff by the defendantwithin this state or services actually performed for the defendant by theplaintiff within this state, if such performance within this state wasauthorized or ratified by the defendant; or

E(3)Arises out of a promise, made anywhere to the plaintiff or to some third partyfor the plaintiff's benefit, by the defendant to deliver or receive within thisstate or to send from this state goods, documents of title, or other things ofvalue; or

E(4)Relates to goods, documents of title, or other things of value sent from thisstate by the defendant to the plaintiff or to a third person on the plaintiff'sorder or direction; or

E(5)Relates to goods, documents of title, or other things of value actuallyreceived in this state by the plaintiff from the defendant or by the defendantfrom the plaintiff, without regard to where delivery to carrier occurred.

FLocal property.In any action which arises out of the ownership, use, or possession of realproperty situated in this state or the ownership, use, or possession of othertangible property, assets, or things of value which were within this state atthe time of such ownership, use, or possession; including, but not limited to,actions to recover a deficiency judgment upon any mortgage, conditional salecontract, or other security agreement relating to such property, executed bythe defendant or predecessor to whose obligation the defendant has succeeded.

GDirector or officer of a domestic corporation. In any action against adefendant who is or was an officer or director of a domestic corporation wherethe action arises out of the defendant's conduct as such officer or director orout of the activities of such corporation while the defendant held office as adirector or officer.

HTaxes or assessments.In any action for the collection of taxes or assessments levied, assessed, orotherwise imposed by a taxing authority of this state.

IInsurance or insurers. In any action which arises out of a promise made anywhere tothe plaintiff or some third party by the defendant to insure any person,property, or risk and in addition either:

I(1)The person, property, or risk insured was located in this state at the time ofthe promise; or

I(2)The person, property, or risk insured was located within this state when theevent out of which the cause of action is claimed to arise occurred; or

I(3)The event out of which the cause of action is claimed to arise occurred withinthis state, regardless of where the person, property, or risk insured waslocated.

JSecurities.In any action arising under the Oregon Securities Law, including an actionbrought by the Director of the Department of Consumer and Business Services,against:

J(1)An applicant for registration or registrant, and any person who offers or sellsa security in this state, directly or indirectly, unless the security or thesale is exempt from ORS 59.055; or

J(2)Any person, a resident or nonresident of this state, who has engaged in conductprohibited or made actionable under the Oregon Securities Law.

KCertain marital and domestic relations actions.

K(1)In any action to determine a question of status instituted under ORS chapter106 or 107 when the plaintiff is a resident of or domiciled in this state.

K(2)In any action to enforce personal obligations arising under ORS chapter 106 or107, if the parties to a marriage have concurrently maintained the same orseparate residences or domiciles within this state for a period of six months,notwithstanding departure from this state and acquisition of a residence ordomicile in another state or country before filing of such action; but if anaction to enforce personal obligations arising under ORS chapter 106 or 107 isnot commenced within one year following the date upon which the party who leftthe state acquired a residence or domicile in another state or country, no jurisdictionis conferred by this subsection in any such action.

K(3)In any proceeding to establish parentage under ORS chapter 109 or 110, or anyaction for declaration of parentage where the primary purpose of the action isto establish responsibility for child support, when the act of sexualintercourse which resulted in the birth of the child is alleged to have takenplace in this state.

LOther actions.Notwithstanding a failure to satisfy the requirement of sections B through K ofthis rule, in any action where prosecution of the action against a defendant inthis state is not inconsistent with the Constitution of this state or theConstitution of the United States.

MPersonal representative. In any action against a personal representative to enforce aclaim against the deceased person represented where one or more of the groundsstated in sections A through L would have furnished a basis for jurisdictionover the deceased had the deceased been living. It is immaterial whether theaction is commenced during the lifetime of the deceased.

NJoinder of claims in the same action. In any action brought in reliance uponjurisdictional grounds stated in sections B through L, there cannot be joinedin the same action any other claim or cause against the defendant unlessgrounds exist under this rule, or other rule or statute, for personaljurisdiction over the defendant as to the claim or cause to be joined.

ODefendant defined.For purposes of this rule and Rules 5 and 6, "defendant" includes anyparty subject to the jurisdiction of the court. [CCP 12/2/78; K amended by1979 c.284 8; M amended by CCP 12/13/80; E amended by CCP 12/10/88 and1/6/89; K amended by 1993 c.33 364; J amended by 1995 c.79 401; K amendedby 1995 c.608 40; K amended by 2003 c.14 13; K amended by 2017 c.651 49]

(InRem)

RULE5

Jurisdictionin rem. Acourt of this state having jurisdiction of the subject matter may exercisejurisdiction in rem on the grounds stated in this section. A judgment in remmay affect the interests of a defendant in the status, property, or thing actedupon only if a summons has been served upon the defendant pursuant to Rule 7 orother applicable rule or statute. Jurisdiction in rem may be invoked in any ofthe following cases:

AWhen the subject of the action is real or personal property in this state andthe defendant has or claims a lien or interest, actual or contingent, therein,or the relief demanded consists wholly or partially in excluding the defendantfrom any interest or lien therein. This section also shall apply when any suchdefendant is unknown.

BWhen the action is to foreclose, redeem from, or satisfy a mortgage, claim, orlien upon real property within this state. [CCP 12/2/78]

(WithoutService)

RULE6

Personaljurisdiction without service of summons. A court of this state having jurisdiction of thesubject matter may, without a summons having been served upon a party, exercisejurisdiction in an action over a party with respect to any counterclaimasserted against that party in an action which the party has commenced in thisstate and also over any party who appears in the action and waives the defenseof lack of jurisdiction over the person, insufficiency of summons or process,or insufficiency of service of summons or process, as provided in Rule 21 G.Where jurisdiction is exercised under Rule 5, a defendant may appear in anaction and defend on the merits, without being subject to personal jurisdictionby virtue of this rule. [CCP 12/2/78]

SUMMONS

RULE7

ADefinitions.For purposes of this rule, "plaintiff" shall include any partyissuing summons and "defendant" shall include any party upon whomservice of summons is sought. For purposes of this rule, a "truecopy" of a summons and complaint means an exact and complete copy of theoriginal summons and complaint.

BIssuance.Any time after the action is commenced, plaintiff or plaintiff's attorney mayissue as many original summonses as either may elect and deliver such summonsesto a person authorized to serve summonses under section E of this rule. Asummons is issued when subscribed by plaintiff or an active member of theOregon State Bar.

C(1)Contents.The summons shall contain:

C(1)(a)Title. The title of the cause, specifying the name of the court in whichthe complaint is filed and the names of the parties to the action.

C(1)(b)Direction to defendant. A direction to the defendant requiring defendantto appear and defend within the time required by subsection C(2) of this ruleand a notification to defendant that, in case of failure to do so, theplaintiff will apply to the court for the relief demanded in the complaint.

C(1)(c)Subscription; post office address. A subscription by the plaintiff or byan active member of the Oregon State Bar, with the addition of the post officeaddress at which papers in the action may be served by mail.

C(2)Time for response. If the summons is served by any manner other thanpublication, the defendant shall appear and defend within 30 days from the dateof service. If the summons is served by publication pursuant to subsection D(6)of this rule, the defendant shall appear and defend within 30 days from thedate stated in the summons. The date so stated in the summons shall be the dateof the first publication.

C(3)Notice to party served.

C(3)(a)In general. All summonses, other than a summons referred to in paragraphC(3)(b) or C(3)(c) of this rule, shall contain a notice printed in type sizeequal to at least 8-point type that may be substantially in the following form:

_________________________________________________________________________________________________________

NOTICE TO DEFENDANT:

READ THESE PAPERS

CAREFULLY!

Youmust "appear" in this case or the other side will win automatically.To "appear" you must file with the court a legal document called a"motion" or "answer." The "motion" or"answer" must be given to the court clerk or administrator within 30days along with the required filing fee. It must be in proper form and haveproof of service on the plaintiff's attorney or, if the plaintiff does not havean attorney, proof of service on the plaintiff.

Ifyou have questions, you should see an attorney immediately. If you need help infinding an attorney, you may contact the Oregon State Bar's Lawyer Referral Serviceonline at www.oregonstatebar.org or by calling (503) 684-3763 (in the Portlandmetropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.

_________________________________________________________________________________________________________

C(3)(b)Service for counterclaim or cross-claim. A summons to join a party torespond to a counterclaim or a cross-claim pursuant to Rule 22 D(1) shallcontain a notice printed in type size equal to at least 8-point type that maybe substantially in the following form:

_________________________________________________________________________________________________________

NOTICE TO DEFENDANT:

READ THESE PAPERS

CAREFULLY!

Youmust "appear" to protect your rights in this matter. To"appear" you must file with the court a legal document called a"motion," a "reply" to a counterclaim, or an"answer" to a cross-claim. The "motion," "reply,"or "answer" must be given to the court clerk or administrator within30 days along with the required filing fee. It must be in proper form and haveproof of service on the defendant's attorney or, if the defendant does not havean attorney, proof of service on the defendant.

Ifyou have questions, you should see an attorney immediately. If you need help infinding an attorney, you may contact the Oregon State Bar's Lawyer ReferralService online at www.oregonstatebar.org or by calling (503) 684-3763 (in thePortland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.

_________________________________________________________________________________________________________

C(3)(c)Service on persons liable for attorney fees. A summons to join a partypursuant to Rule 22 D(2) shall contain a notice printed in type size equal toat least 8-point type that may be substantially in the following form:

_________________________________________________________________________________________________________

NOTICE TO DEFENDANT:

READ THESE PAPERS

CAREFULLY!

Youmay be liable for attorney fees in this case. Should plaintiff in this case notprevail, a judgment for reasonable attorney fees may be entered against you, asprovided by the agreement to which defendant alleges you are a party.

Youmust "appear" to protect your rights in this matter. To "appear"you must file with the court a legal document called a "motion" or"reply." The "motion" or "reply" must be given tothe court clerk or administrator within 30 days along with the required filingfee. It must be in proper form and have proof of service on the defendant'sattorney or, if the defendant does not have an attorney, proof of service onthe defendant.

Ifyou have questions, you should see an attorney immediately. If you need help infinding an attorney, you may contact the Oregon State Bar's Lawyer ReferralService online at www.oregonstatebar.org or by calling (503) 684-3763 (in thePortland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.

_________________________________________________________________________________________________________

DManner of service.

D(1)Notice required. Summons shall be served, either within or without thisstate, in any manner reasonably calculated, under all the circumstances, toapprise the defendant of the existence and pendency of the action and to afforda reasonable opportunity to appear and defend. Summons may be served in amanner specified in this rule or by any other rule or statute on the defendantor upon an agent authorized by appointment or law to accept service of summonsfor the defendant. Service may be made, subject to the restrictions andrequirements of this rule, by the following methods: personal service of truecopies of the summons and the complaint upon defendant or an agent of defendantauthorized to receive process; substituted service by leaving true copies ofthe summons and the complaint at a person's dwelling house or usual place ofabode; office service by leaving true copies of the summons and the complaintwith a person who is apparently in charge of an office; service by mail; orservice by publication.

D(2)Service methods.

D(2)(a)Personal service. Personal service may be made by delivery of a truecopy of the summons and a true copy of the complaint to the person to beserved.

D(2)(b)Substituted service. Substituted service may be made by delivering truecopies of the summons and the complaint at the dwelling house or usual place ofabode of the person to be served to any person 14 years of age or olderresiding in the dwelling house or usual place of abode of the person to beserved. Where substituted service is used, the plaintiff, as soon as reasonablypossible, shall cause to be mailed by first class mail true copies of thesummons and the complaint to the defendant at defendant's dwelling house orusual place of abode, together with a statement of the date, time, and place atwhich substituted service was made. For the purpose of computing any period oftime prescribed or allowed by these rules or by statute, substituted serviceshall be complete upon the mailing.

D(2)(c)Office service. If the person to be served maintains an office for theconduct of business, office service may be made by leaving true copies of thesummons and the complaint at that office during normal working hours with theperson who is apparently in charge. Where office service is used, theplaintiff, as soon as reasonably possible, shall cause to be mailed by firstclass mail true copies of the summons and the complaint to the defendant atdefendant's dwelling house or usual place of abode or defendant's place ofbusiness or any other place under the circumstances that is most reasonablycalculated to apprise the defendant of the existence and pendency of theaction, together with a statement of the date, time, and place at which officeservice was made. For the purpose of computing any period of time prescribed orallowed by these rules or by statute, office service shall be complete upon themailing.

D(2)(d)Service by mail.

D(2)(d)(i)Generally. When service by mail is required or allowed by this rule orby statute, except as otherwise permitted, service by mail shall be made bymailing true copies of the summons and the complaint to the defendant by firstclass mail and by any of the following: certified, registered, or express mailwith return receipt requested. For purposes of this section, "first classmail" does not include certified, registered, or express mail, returnreceipt requested, or any other form of mail that may delay or hinder actualdelivery of mail to the addressee.

D(2)(d)(ii)Calculation of time. For the purpose of computing any period of timeprovided by these rules or by statute, service by mail, except as otherwiseprovided, shall be complete on the day the defendant, or other personauthorized by appointment or law, signs a receipt for the mailing, or threedays after the mailing if mailed to an address within the state, or seven daysafter the mailing if mailed to an address outside the state, whichever firstoccurs.

D(3)Particular defendants. Service may be made upon specified defendants asfollows:

D(3)(a)Individuals.

D(3)(a)(i)Generally. Upon an individual defendant, by personal delivery of truecopies of the summons and the complaint to the defendant or other personauthorized by appointment or law to receive service of summons on behalf of thedefendant, by substituted service, or by office service. Service may also bemade upon an individual defendant or other person authorized to receive serviceto whom neither subparagraph D(3)(a)(ii) nor D(3)(a)(iii) of this rule appliesby a mailing made in accordance with paragraph D(2)(d) of this rule providedthe defendant or other person authorized to receive service signs a receipt forthe certified, registered, or express mailing, in which case service shall becomplete on the date on which the defendant signs a receipt for the mailing.

D(3)(a)(ii)Minors. Upon a minor under 14 years of age, by service in the mannerspecified in subparagraph D(3)(a)(i) of this rule upon the minor; and additionallyupon the minor's father, mother, conservator of the minor's estate, orguardian, or, if there be none, then upon any person having the care or controlof the minor, or with whom the minor resides, or in whose service the minor isemployed, or upon a guardian ad litem appointed pursuant to Rule 27 B.

D(3)(a)(iii)Incapacitated persons. Upon a person who is incapacitated or isfinancially incapable, as both terms are defined by ORS 125.005, by service inthe manner specified in subparagraph D(3)(a)(i) of this rule upon the personand, also, upon the conservator of the person's estate or guardian or, if therebe none, upon a guardian ad litem appointed pursuant to Rule 27 B.

D(3)(a)(iv)Tenant of a mail agent. Upon an individual defendant who is a"tenant" of a "mail agent" within the meaning of ORS646A.340, by delivering true copies of the summons and the complaint to anyperson apparently in charge of the place where the mail agent receives mail forthe tenant, provided that:

D(3)(a)(iv)(A)the plaintiff makes a diligent inquiry but cannot find the defendant; and

D(3)(a)(iv)(B)the plaintiff, as soon as reasonably possible after delivery, causes truecopies of the summons and the complaint to be mailed by first class mail to thedefendant at the address at which the mail agent receives mail for thedefendant and to any other mailing address of the defendant then known to theplaintiff, together with a statement of the date, time, and place at which theplaintiff delivered the copies of the summons and the complaint.

Serviceshall be complete on the latest date resulting from the application ofsubparagraph D(2)(d)(ii) of this rule to all mailings required by thissubparagraph unless the defendant signs a receipt for the mailing, in whichcase service is complete on the day the defendant signs the receipt.

D(3)(b)Corporations including, but not limited to, professional corporations andcooperatives. Upon a domestic or foreign corporation:

D(3)(b)(i)Primary service method. By personal service or office service upon aregistered agent, officer, or director of the corporation; or by personalservice upon any clerk on duty in the office of a registered agent.

D(3)(b)(ii)Alternatives. If a registered agent, officer, or director cannot befound in the county where the action is filed, true copies of the summons andthe complaint may be served:

D(3)(b)(ii)(A)by substituted service upon the registered agent, officer, or director;

D(3)(b)(ii)(B)by personal service on any clerk or agent of the corporation who may be foundin the county where the action is filed;

D(3)(b)(ii)(C)by mailing in the manner specified in paragraph D(2)(d) of this rule truecopies of the summons and the complaint to: the office of the registered agentor to the last registered office of the corporation, if any, as shown by therecords on file in the office of the Secretary of State; or, if the corporationis not authorized to transact business in this state at the time of thetransaction, event, or occurrence upon which the action is based occurred, tothe principal office or place of business of the corporation; and, in any case,to any address the use of which the plaintiff knows or has reason to believe ismost likely to result in actual notice; or

D(3)(b)(ii)(D)upon the Secretary of State in the manner provided in ORS 60.121 or 60.731.

D(3)(c)Limited liability companies. Upon a limited liability company:

D(3)(c)(i)Primary service method. By personal service or office service upon a registeredagent, manager, or (for a member-managed limited liability company) member of alimited liability company; or by personal service upon any clerk on duty in theoffice of a registered agent.

D(3)(c)(ii)Alternatives. If a registered agent, manager, or (for a member-managedlimited liability company) member of a limited liability company cannot befound in the county where the action is filed, true copies of the summons andthe complaint may be served:

D(3)(c)(ii)(A)by substituted service upon the registered agent, manager, or (for a member-managedlimited liability company) member of a limited liability company;

D(3)(c)(ii)(B)by personal service on any clerk or agent of the limited liability company whomay be found in the county where the action is filed;

D(3)(c)(ii)(C)by mailing in the manner specified in paragraph D(2)(d) of this rule truecopies of the summons and the complaint to: the office of the registered agentor to the last registered office of the limited liability company, as shown bythe records on file in the office of the Secretary of State; or, if the limitedliability company is not authorized to transact business in this state at thetime of the transaction, event, or occurrence upon which the action is basedoccurred, to the principal office or place of business of the limited liabilitycompany; and, in any case, to any address the use of which the plaintiff knowsor has reason to believe is most likely to result in actual notice; or

D(3)(c)(ii)(D)upon the Secretary of State in the manner provided in ORS 63.121.

D(3)(d)Limited partnerships. Upon a domestic or foreign limited partnership:

D(3)(d)(i)Primary service method. By personal service or office service upon aregistered agent or a general partner of a limited partnership; or by personalservice upon any clerk on duty in the office of a registered agent.

D(3)(d)(ii)Alternatives. If a registered agent or a general partner of a limitedpartnership cannot be found in the county where the action is filed, truecopies of the summons and the complaint may be served:

D(3)(d)(ii)(A)by substituted service upon the registered agent or general partner of alimited partnership;

D(3)(d)(ii)(B)by personal service on any clerk or agent of the limited partnership who may befound in the county where the action is filed;

D(3)(d)(ii)(C)by mailing in the manner specified in paragraph D(2)(d) of this rule truecopies of the summons and the complaint to: the office of the registered agentor to the last registered office of the limited partnership, as shown by therecords on file in the office of the Secretary of State; or, if the limitedpartnership is not authorized to transact business in this state at the time ofthe transaction, event, or occurrence upon which the action is based occurred,to the principal office or place of business of the limited partnership; and,in any case, to any address the use of which the plaintiff knows or has reasonto believe is most likely to result in actual notice; or

D(3)(d)(ii)(D)upon the Secretary of State in the manner provided in ORS 70.040 or 70.045.

D(3)(e)General partnerships and limited liability partnerships. Upon anygeneral partnership or limited liability partnership by personal service upon apartner or any agent authorized by appointment or law to receive service ofsummons for the partnership or limited liability partnership.

D(3)(f)Other unincorporated associations subject to suit under a common name.Upon any other unincorporated association subject to suit under a common nameby personal service upon an officer, managing agent, or agent authorized byappointment or law to receive service of summons for the unincorporatedassociation.

D(3)(g)State. Upon the state, by personal service upon the Attorney General orby leaving true copies of the summons and the complaint at the AttorneyGeneral's office with a deputy, assistant, or clerk.

D(3)(h)Public bodies. Upon any county; incorporated city; school district; orother public corporation, commission, board, or agency by personal service oroffice service upon an officer, director, managing agent, or attorney thereof.

D(3)(i)Vessel owners and charterers. Upon any foreign steamship owner orsteamship charterer by personal service upon a vessel master in the owner's orcharterer's employment or any agent authorized by the owner or charterer toprovide services to a vessel calling at a port in the State of Oregon, or aport in the State of Washington on that portion of the Columbia River forming acommon boundary with Oregon.

D(4)Particular actions involving motor vehicles.

D(4)(a)Actions arising out of use of roads, highways, streets, or premises open tothe public; service by mail.

D(4)(a)(i)In any action arising out of any accident, collision, or other event givingrise to liability in which a motor vehicle may be involved while being operatedupon the roads, highways, streets, or premises open to the public as defined bylaw of this state if the plaintiff makes at least one attempt to serve adefendant who operated such motor vehicle, or caused it to be operated on thedefendant's behalf, by a method authorized by subsection D(3) of this ruleexcept service by mail pursuant to subparagraph D(3)(a)(i) of this rule and, asshown by its return, did not effect service, the plaintiff may then serve thatdefendant by mailings made in accordance with paragraph D(2)(d) of this ruleaddressed to that defendant at:

D(4)(a)(i)(A)any residence address provided by that defendant at the scene of the accident;

D(4)(a)(i)(B)the current residence address, if any, of that defendant shown in the driverrecords of the Department of Transportation; and

D(4)(a)(i)(C)any other address of that defendant known to the plaintiff at the time ofmaking the mailings required by parts D(4)(a)(i)(A) and D(4)(a)(i)(B) of thisrule that reasonably might result in actual notice to that defendant.

Sufficientservice pursuant to this subparagraph may be shown if the proof of serviceincludes a true copy of the envelope in which each of the certified,registered, or express mailings required by parts D(4)(a)(i)(A), D(4)(a)(i)(B),and D(4)(a)(i)(C) of this rule was made showing that it was returned to senderas undeliverable or that the defendant did not sign the receipt. For thepurpose of computing any period of time prescribed or allowed by these rules orby statute, service under this subparagraph shall be complete on the latestdate on which any of the mailings required by parts D(4)(a)(i)(A),D(4)(a)(i)(B), and D(4)(a)(i)(C) of this rule is made. If the mailing requiredby part D(4)(a)(i)(C) of this rule is omitted because the plaintiff did notknow of any address other than those specified in parts D(4)(a)(i)(A) andD(4)(a)(i)(B) of this rule, the proof of service shall so certify.

D(4)(a)(ii)Any fee charged by the Department of Transportation for providing addressinformation concerning a party served pursuant to subparagraph D(4)(a)(i) ofthis rule may be recovered as provided in Rule 68.

D(4)(a)(iii)The requirements for obtaining an order of default against a defendant servedpursuant to subparagraph D(4)(a)(i) of this rule are as provided in Rule 69 E.

D(4)(b)Notification of change of address. Any person who; while operating amotor vehicle upon the roads, highways, streets, or premises open to the publicas defined by law of this state; is involved in any accident, collision, orother event giving rise to liability shall forthwith notify the Department ofTransportation of any change of the person's address occurring within threeyears after the accident, collision, or event.

D(5)Service in foreign country. When service is to be effected upon a partyin a foreign country, it is also sufficient if service of true copies of thesummons and the complaint is made in the manner prescribed by the law of theforeign country for service in that country in its courts of generaljurisdiction, or as directed by the foreign authority in response to lettersrogatory, or as directed by order of the court. However, in all cases serviceshall be reasonably calculated to give actual notice.

D(6)Court order for service; service by publication.

D(6)(a)Court order for service by other method. On motion upon a showing byaffidavit or declaration that service cannot be made by any method otherwisespecified in these rules or other rule or statute, the court, at itsdiscretion, may order service by any method or combination of methods thatunder the circumstances is most reasonably calculated to apprise the defendantof the existence and pendency of the action, including but not limited to:publication of summons; mailing without publication to a specified post officeaddress of the defendant by first class mail and any of the following:certified, registered, or express mail, return receipt requested; or posting atspecified locations. If service is ordered by any manner other thanpublication, the court may order a time for response.

D(6)(b)Contents of published summons. In addition to the contents of a summonsas described in section C of this rule, a published summons shall also containa summary statement of the object of the complaint and the demand for relief,and the notice required in subsection C(3) of this rule shall state: "The or (or ) must be given to the courtclerk or administrator within 30 days of the date of first publicationspecified herein along with the required filing fee." The publishedsummons shall also contain the date of the first publication of the summons.

D(6)(c)Where published. An order for publication shall direct publication to bemade in a newspaper of general circulation in the county where the action iscommenced or, if there is no such newspaper, then in a newspaper to bedesignated as most likely to give notice to the person to be served. Thesummons shall be published four times in successive calendar weeks. If theplaintiff knows of a specific location other than the county in which theaction is commenced where publication might reasonably result in actual noticeto the defendant, the plaintiff shall so state in the affidavit or declarationrequired by paragraph D(6)(a) of this rule, and the court may order publicationin a comparable manner at that location in addition to, or in lieu of,publication in the county in which the action is commenced.

D(6)(d)Mailing summons and complaint. If the court orders service bypublication and the plaintiff knows or with reasonable diligence can ascertainthe defendant's current address, the plaintiff shall mail true copies of thesummons and the complaint to the defendant at that address by first class mailand any of the following: certified, registered, or express mail, returnreceipt requested. If the plaintiff does not know and cannot ascertain upondiligent inquiry the current address of any defendant, true copies of thesummons and the complaint shall be mailed by the methods specified above to thedefendant at the defendant's last known address. If the plaintiff does notknow, and cannot ascertain upon diligent inquiry, the defendant's current andlast known addresses, a mailing of copies of the summons and the complaint isnot required.

D(6)(e)Unknown heirs or persons. If service cannot be made by another methoddescribed in this section because defendants are unknown heirs or persons asdescribed in Rule 20 I and J, the action shall proceed against the unknownheirs or persons in the same manner as against named defendants served bypublication and with like effect; and any unknown heirs or persons who have orclaim any right, estate, lien, or interest in the property in controversy atthe time of the commencement of the action, and who are served by publication,shall be bound and concluded by the judgment in the action, if the same is infavor of the plaintiff, as effectively as if the action had been broughtagainst those defendants by name.

D(6)(f)Defending before or after judgment. A defendant against whom publicationis ordered or that defendant's representatives, on application and sufficientcause shown, at any time before judgment shall be allowed to defend the action.A defendant against whom publication is ordered or that defendant'srepresentatives may, upon good cause shown and upon any terms that may beproper, be allowed to defend after judgment and within one year after entry ofjudgment. If the defense is successful, and the judgment or any part thereofhas been collected or otherwise enforced, restitution may be ordered by thecourt, but the title to property sold upon execution issued on that judgment,to a purchaser in good faith, shall not be affected thereby.

D(6)(g)Defendant who cannot be served. Within the meaning of this subsection, adefendant cannot be served with summons by any method authorized by subsectionD(3) of this rule if: service pursuant to subparagraph D(4)(a)(i) of this ruleis not authorized, and the plaintiff attempted service of summons by all of themethods authorized by subsection D(3) of this rule and was unable to completeservice; or if the plaintiff knew that service by these methods could not beaccomplished.

EBy whom served; compensation. A summons may be served by any competent person18 years of age or older who is a resident of the state where service is madeor of this state and is not a party to the action nor, except as provided inORS 180.260, an officer, director, or employee of, nor attorney for, any party,corporate or otherwise. However, service pursuant to subparagraph D(2)(d)(i) ofthis rule may be made by an attorney for any party. Compensation to a sheriffor a sheriff's deputy in this state who serves a summons shall be prescribed bystatute or rule. If any other person serves the summons, a reasonable fee maybe paid for service. This compensation shall be part of disbursements and shallbe recovered as provided in Rule 68.

FReturn; proof of service.

F(1)Return of summons. The summons shall be promptly returned to the clerkwith whom the complaint is filed with proof of service or mailing, or thatdefendant cannot be found. The summons may be returned by first class mail.

F(2)Proof of service. Proof of service of summons or mailing may be made asfollows:

F(2)(a)Service other than publication. Service other than publication shall beproved by:

F(2)(a)(i)Certificate of service when summons not served by sheriff or deputy. Ifthe summons is not served by a sheriff or a sheriff's deputy, the certificateof the server indicating: the specific documents that were served; the time,place, and manner of service; that the server is a competent person 18 years ofage or older and a resident of the state of service or this state and is not aparty to nor an officer, director, or employee of, nor attorney for any party,corporate or otherwise; and that the server knew that the person, firm, orcorporation served is the identical one named in the action. If the defendantis not personally served, the server shall state in the certificate when,where, and with whom true copies of the summons and the complaint were left ordescribe in detail the manner and circumstances of service. If true copies ofthe summons and the complaint were mailed, the certificate may be made by theperson completing the mailing or the attorney for any party and shall state thecircumstances of mailing and the return receipt, if any, shall be attached.

F(2)(a)(ii)Certificate of service by sheriff or deputy. If the summons is served bya sheriff or a sheriff's deputy, the sheriff's or deputy's certificate ofservice indicating: the specific documents that were served; the time, place,and manner of service; and, if defendant is not personally served, when, where,and with whom true copies of the summons and the complaint were left ordescribing in detail the manner and circumstances of service. If true copies ofthe summons and the complaint were mailed, the certificate shall state thecircumstances of mailing and the return receipt, if any, shall be attached.

F(2)(b)Publication. Service by publication shall be proved by an affidavit orby a declaration.

F(2)(b)(i)A publication by affidavit shall be in substantially the following form:

_________________________________________________________________________________________________________

Affidavit of Publication

State ofOregon )

) ss.

County of )

I,__________, being first duly sworn, depose and say that I am the __________(here set forth the title or job description of the person making theaffidavit), of the __________, a newspaper of general circulation published at __________in the aforesaid county and state; that I know from my personal knowledge thatthe __________, a printed copy of which is hereto annexed, was published in theentire issue of said newspaper four times in the following issues: (here setforth dates of issues in which the same was published).

Subscribedand sworn to before me this ______ day of ______, 2______.

__________________

NotaryPublic for Oregon

Mycommission expires

___day of ______, 2 ___.

_________________________________________________________________________________________________________

F(2)(b)(ii)A publication by declaration shall be in substantially the following form:

_________________________________________________________________________________________________________

Declaration of Publication

State ofOregon )

) ss.

County of )

I,__________, say that I am the __________ (here set forth the title or jobdescription of the person making the declaration), of the__________, anewspaper of general circulation published at__________in theaforesaid 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 ofsaid newspaper four times in the following issues: (here set forth dates ofissues in which the same was published).

Ihereby declare that the above statement is true to the best of my knowledge andbelief, and that I understand it is made for use as evidence in court and issubject to penalty for perjury.

_____________________________

____ day of ______, 2____.

________________________________________________________________________________________________________

F(2)(c)Making and certifying affidavit. The affidavit of service may be madeand certified before a notary public, or other official authorized toadminister oaths and acting in that capacity by authority of the United States,or any state or territory of the United States, or the District of Columbia,and the official seal, if any, of that person shall be affixed to theaffidavit. The signature of the notary or other official, when so attested bythe affixing of the official seal, if any, of that person, shall be prima facieevidence of authority to make and certify the affidavit.

F(2)(d)Form of certificate, affidavit, or declaration. A certificate,affidavit, or declaration containing proof of service may be made upon thesummons or as a separate document attached to the summons.

F(3)Written admission. In any case proof may be made by written admission ofthe defendant.

F(4)Failure to make proof; validity of service. If summons has been properlyserved, failure to make or file a proper proof of service shall not affect thevalidity of the service.

GDisregard of error; actual notice. Failure to comply with provisions of this rulerelating to the form of a summons, issuance of a summons, or who may serve asummons shall not affect the validity of service of that summons or theexistence of jurisdiction over the person if the court determines that thedefendant received actual notice of the substance and pendency of the action.The court may allow amendment to a summons, affidavit, declaration, orcertificate of service of summons. The court shall disregard any error in thecontent of a summons that does not materially prejudice the substantive rightsof the party against whom the summons was issued. If service is made in anymanner complying with subsection D(1) of this rule, the court shall alsodisregard any error in the service of a summons that does not violate the dueprocess rights of the party against whom the summons was issued. [CCP 12/2/78;amended by 1979 c.284 9; D amended by CCP 12/13/80; D,E amended by 1981c.898 4,5; D,F amended by CCP 12/4/82; D,F amended by 1983 c.751 3,4;C(2) amended by CCP 12/8/84; D(4) amended by CCP 12/10/88 and 1/6/89; Damended by CCP 12/15/90; C,E amended by CCP 12/12/92; D amended by 1995 c.79402 and 1995 c.664 99; B,C,D,F,G amended and D(7) redesignated as D(6)(g)by CCP 12/14/96; D,E amended by CCP 12/12/98; D amended by CCP 12/9/00;amended by 2003 c.194 5; A,B,D,F,G amended and H deleted by CCP 12/9/06; Camended by 2007 c.129 23; D amended by CCP 12/13/08 and 2009 c.11 4; Camended by 2011 c.398 3; C,D,F,G amended by CCP 12/6/14]

PROCESS

RULE8

AProcess.All process authorized to be issued by any court or officer thereof shall runin the name of the State of Oregon and be signed by the officer issuing thesame, and if such process is issued by a clerk of court, the seal of office ofsuch clerk shall be affixed to such process. Summonses and subpoenas are notprocess and are covered by Rule 7 and Rule 55, respectively.

BWhere county is a party. Process in an action where any county is a party shall beserved on the county clerk or the person exercising the duties of that office,or if the office is vacant, upon the chairperson of the governing body of the county,or in the absence of the chairperson, any member thereof.

CService or execution.Any civil process may be served or executed on Sunday or any other legalholiday. No limitation or prohibition stated in ORS 1.060 shall apply to suchservice or execution of any civil process on a Sunday or other legal holiday.

DProof of service or execution. Proof of service or execution of process shall bemade as provided in Rule 7 F. [CCP 12/2/78; A amended and D deleted and Eredesignated by CCP 12/9/06]

SERVICEAND FILING OF PLEADINGS

ANDOTHER DOCUMENTS

RULE9

AService; when required. Except as otherwise provided in these rules, every order;every pleading subsequent to the original complaint; every written motion otherthan one that may be heard ex parte; and every written request, notice,appearance, demand, offer to allow judgment, designation of record on appeal,and similar document shall be served on each of the parties. No service need bemade on parties in default for failure to appear except that pleadingsasserting new or additional claims for relief against them shall be served onthem in the manner provided for service of summons in Rule 7.

BService; how made.Except as otherwise provided in Rule 7 or Rule 8, whenever under these rulesservice is required or permitted to be made on a party, and that party isrepresented by an attorney, the service shall be made on the attorney unlessotherwise ordered by the court. Service on the attorney or on a party shall bemade by delivering a copy to that attorney or party; by mailing it to theattorney's or party's last known address; by e-mail as provided in section G ofthis rule; by electronic service as provided in section H of this rule; or, ifthe party is represented by an attorney, by facsimile communication as providedin section F of this rule. Delivery of a copy within this rule means: handingit to the person to be served; or leaving it at the person's office with theperson who is apparently in charge; or, if there is no one in charge, leavingthe copy in a conspicuous place therein; or, if the office is closed or theperson to be served has no office, leaving the copy at the person's dwellinghouse or usual place of abode with some person 14 years of age or older thenresiding therein. A party who has appeared without providing an appropriateaddress for service may be served by filing the pleading or other document withthe court. Service by mail is complete on mailing. Service of any notice orother document to bring a party into contempt may be only on that partypersonally.

CFiling; proof of service.

C(1)Generally. Except as provided by section D of this rule, all documentsrequired to be served on a party by section A of this rule shall be filed withthe court within a reasonable time after service. Except as otherwise providedin Rule 7 and Rule 8, proof of service of all documents required or permittedto be served may be by written acknowledgment of service, by affidavit ordeclaration of the person making service, or by certificate of an attorney.Proof of service may be made on the document served or as a separate documentattached thereto.

C(2)Proof of service by facsimile communication. If service is made byfacsimile communication under section F of this rule, pr