Oregon Rules of Civil Procedure

8/11/2019 Oregon Rules of Civil Procedure

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Oregon Rules of Civil Procedure were amended or repealed by the Legislative Assembly duringits 2012 regular session. See the table of Oregon Rules of Civil Procedure amended or repealedduring the 2012 regular session: 2012 A&R Tables

OREGON RULES OF CIVIL PROCEDURE

SCOPE; CONSTRUCTION; APPLICATION; RULE; CITATION

1 A Scope1 B Construction1 C Application1 D Rule defined and local rules 1 E Use of de claration under penalty of perjury in lieu of affidavit; declaration defined 1 F Electronic filing

1 G CitationFORM OF ACTION2 One form of actionCOMMENCEMENT3 Commencement of actionJURISDICTION(Personal)4 Personal jurisdiction4 A Local presence or status4 B Special jurisdiction statutes4 C Local act or omission4 D Local injury; foreign act4 E Local services, goods, or contracts4 F Local property4 G Director or officer of a domestic corporation4 H Taxes or assessments4 I Insurance or insurers

4 J Securities4 K Certain marital and domestic relations actions4 L Other actions4 M Personal representative4 N Joinder of claims in the same action4 O Defendant defined
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(In Rem)5 Jurisdiction in rem(Without Service)6 Personal jurisdiction without service of summons

SUMMONS7 A Definitions7 B Issuance7 C(1) Contents7 C(1) (a) Title7 C(1) (b) Direction to defendant7 C(1) (c) Subscription; post office address7 C(2) Time for response

7 C(3) Notice to party served7 C(3) (a) In general7 C(3) (b) Service for counterclaim7 C(3) (c) Service on persons liable for attorney fees7 D Manner of service7 D(1) Notice required7 D(2) Service methods7 D(2) (a) Personal service7 D(2) (b) Substituted service

7 D(2) (c) Office service7 D(2) (d) Service by mail7 D(2) (d)(i) Generally7 D(2) (d)(ii) Calculation of time7 D(3) Particular defendants7 D(3) (a) Individuals7 D(3) (a)(i) Generally7 D(3) (a)(ii) Minors

7 D(3) (a)(iii) Incapacitated persons7 D(3) (a)(iv) Tenant of a mail agent7 D(3) (b) Corporations including, but not limited to, professional corporations and

cooperatives7 D(3) (b)(i) Primary service method7 D(3) (b)(ii) Alternatives7 D(3) (c) Limited liability companies


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7 D(3) (c)(i) Primary service method7 D(3) (c)(ii) Alternatives7 D(3) (d) Limited partnerships7 D(3) (d)(i) Primary service method

7 D(3) (d)(ii) Alternatives7 D(3) (e) General partnerships and limited liability partnerships7 D(3) (f) Other unincorporated association subject to suit under a common name7 D(3) (g) State7 D(3) (h) Public bodies7 D(3) (i) Vessel owners and charterers7 D(4) Particular actions involving motor vehicles7 D(4) (a) Actions arising out of use of roads, highways, streets, or premises open to the

public; service by mail7 D(4) (b) Notification of change of address7 D(5) Service in foreign country7 D(6) Court order for service; service by publication7 D(6) (a) Court order for service by other method7 D(6) (b) Contents of published summons7 D(6) (c) Where published7 D(6) (d) Mailing summons and complaint7 D(6) (e) Unknown heirs or persons

7 D(6) (f) Defending before or after judgment7 D(6) (g) Defendant who cannot be served7 E By whom served; compensation7 F Return; proof of service7 F(1) Return of summons7 F(2) Proof of service7 F(2) (a) Service other than publication7 F(2) (a)(i) Certificate of service when summons not served by sheriff or deputy

7 F(2) (a)(ii) Certificate of service by sheriff or deputy7 F(2) (b) Publication7 F(2) (c) Making and certifying affidavit7 F(2) (d) Form of certificate, affidavit or declaration7 F(3) Written admission7 F(4) Failure to make proof; validity of service7 G Disregard of error; actual notice


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PROCESS8 A Process8 B Where county is a party8 C Service or execution

8 D Proof of service or executionSERVICE AND FILING OF PLEADINGS AND OTHER PAPERS9 A Service; when required9 B Service; how made9 C Filing; proof of service9 D When filing not required9 E Filing with the court defined9 F Service by telephonic facsimile communication device

9 G Service by e-mailTIME10 A Computation10 B Unaffected by expiration of term10 C Additional time after service by mail11 (Reserved for Expansion)PLEADINGS LIBERALLY CONSTRUED; DISREGARD OF ERROR12 A Liberal construction12 B Disregard of error or defect not affecting substantial right

KINDS OF PLEADINGS ALLOWED; FORMER PLEADINGS ABOLISHED13 A Pleadings13 B Pleadings allowed13 C Pleadings abolishedMOTIONS14 A Motions; in writing; grounds14 B FormTIME FOR FILING PLEADINGS OR MOTIONS

15 A Time for filing motions and pleadings15 B Pleading after motion15 C Responding to amended pleading15 D Enlarging time to plead or do other actFORM OF PLEADINGS16 A Captions; names of parties16 B Concise and direct statement; paragraphs; separate statement of claims or defenses


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16 C Consistency in pleading alternative statements16 D Adoption by referenceSIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONS17 A Signing by party or attorney; certificate

17 B Pleadings, motions and other papers not signed17 C Certifications to court17 D Sanctions17 E Rule not applicable to discoveryCLAIMS FOR RELIEF18 Claims for reliefRESPONSIVE PLEADINGS19 A Defenses; form of denials

19 B Affirmative defenses19 C Effect of failure to denySPECIAL PLEADING RULES20 A Conditions precedent20 B Judgment or other determination of court or officer; how pleaded20 C Private statute; how pleaded20 D Corporate existence of city or county and of ordinances or comprehensive plans

generally; how pleaded20 E Libel or slander action

20 F Official document or act20 G Recitals and negative pregnants20 H Fictitious parties20 I Designation of unknown heirs in actions relating to property20 J Designation of unknown personsDEFENSES AND OBJECTIONS; HOW PRESENTED; BY PLEADING OR MOTION;MOTION FOR JUDGMENT ON THE PLEADINGS21 A How presented

21 B Motion for judgment on the pleadings21 C Preliminary hearings21 D Motion to make more definite and certain21 E Motion to strike21 F Consolidation of defenses in motion21 G Waiver or preservation of certain defensesCOUNTERCLAIMS, CROSS-CLAIMS, AND THIRD PARTY CLAIMS


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22 A Counterclaims22 B Cross-claim against codefendant22 C Third party practice22 D Joinder of additional parties

22 E Separate trialAMENDED AND SUPPLEMENTAL PLEADINGS23 A Amendments23 B Amendments to conform to the evidence23 C Relation back of amendments23 D How amendment made23 E Supplemental pleadingsJOINDER OF CLAIMS

24 A Permissive joinder24 B Forcible entry and detainer and rental due24 C Separate statementEFFECT OF PROCEEDING AFTER MOTION OR AMENDMENT25 A Amendment or pleading over after motion; non-waiver of defenses or objections25 B Amendment of pleading; objections to amended pleading not waived25 C Denial of motion; non-waiver by filing responsive pleadingREAL PARTY IN INTEREST; CAPACITY OF PARTNERSHIPS AND ASSOCIATIONS26 A Real party in interest

26 B Partnerships and associationsMINOR OR INCAPACITATED PARTIES27 A Appearance of minor parties by guardian or conservator27 B Appearance of incapacitated person by conservator or guardianJOINDER OF PARTIES28 A Permissive joinder as plaintiffs or defendants28 B Separate trialsJOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION

29 A Persons to be joined if feasible29 B Determination by court whenever joinder not feasible29 C Exception of class actionsMISJOINDER AND NONJOINDER OF PARTIES30 Misjoinder and nonjoinder of partiesINTERPLEADER31 A Parties


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31 B Procedure31 C Attorney feesCLASS ACTIONS32 A Requirement for class action

32 B Class action maintainable32 C Determination by order whether class action to be maintained32 D Dismissal or compromise of class actions; court approval required; when notice

required32 E Court authority over conduct of class actions32 F Notice and exclusion32 G Commencement or maintenance of class actions regarding particular issues;

subclasses

32 H Notice and demand required prior to commencement of action for damages32 I Limitation on maintenance of class actions for damages32 J Application of sections H and I of this rule to actions for equitable relief; amendment

of complaints for equitable relief to request damages permitted32 K Coordination of pending class actions sharing common question of law or fact32 L Form of judgment32 M Attorney fees, costs, disbursements, and litigation expenses32 N Statute of limitationsINTERVENTION

33 A Definition33 B Intervention of right33 C Permissive intervention33 D ProcedureSUBSTITUTION OF PARTIES34 A Nonabatement of action by death, disability, or transfer34 B Death of a party; continued proceedings34 C Disability of a party; continued proceedings

34 D Death of a party; surviving parties34 E Transfer of interest34 F Public officers; death or separation from office34 G Procedure35 (Reserved for Expansion)GENERAL PROVISIONS GOVERNING DISCOVERY36 A Discovery methods


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36 B Scope of discovery36 B(1) In general36 B(2) Insurance agreements or policies36 B(3) Trial preparation materials

36 C Court order limiting extent of disclosurePERPETUATION OF TESTIMONY OR EVIDENCE BEFORE ACTION OR PENDINGAPPEAL37 A Before action37 A(1) Petition37 A(2) Notice and service37 A(3) Order and examination37 B Pending appeal

37 C Perpetuation by action37 D Filing of depositionsPERSONS WHO MAY ADMINISTER OATHS FOR DEPOSITIONS; FOREIGNDEPOSITIONS38 A Within Oregon38 B Outside the state38 C Foreign depositions and subpoenas38 C(1) Definitions38 C(2) Issuance of subpoena

38 C(3) Service of subpoena38 C(4) Effects of request for subpoena38 C(5) Motions38 C(6) Uniformity of application and constructionDEPOSITIONS UPON ORAL EXAMINATION39 A When deposition may be taken39 B Order for deposition or production of prisoner39 C Notice of examination

39 C(1) General requirements39 C(2) Special notice39 C(3) Shorter or longer time39 C(4) Non-stenographic recording39 C(5) Production of documents and things39 C(6) Deposition of organization39 C(7) Deposition by telephone


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39 D Examination; record; oath; objections39 D(1) Examination; cross-examination; oath39 D(2) Record of examination39 D(3) Objections

39 D(4) Written questions as alternative39 E Motion for court assistance; expenses39 E(1) Motion for court assistance39 E(2) Allowance of expenses39 F Submission to witness; changes; statement39 F(1) Necessity of submission to witness for examination39 F(2) Procedure after examination39 F(3) No request for examination

39 G Certification; filing; exhibits; copies39 G(1) Certification39 G(2) Filing39 G(3) Exhibits39 G(4) Copies39 H Payment of expenses upon failure to appear39 H(1) Failure of party to attend39 H(2) Failure of witness to attend39 I Perpetuation of testimony after commencement of action

DEPOSITIONS UPON WRITTEN QUESTIONS40 A Serving questions; notice40 B Officer to take responses and prepare recordEFFECT OF ERRORS ANDIRREGULARITIES IN DEPOSITIONS41 A As to notice41 B As to disqualification of officer41 C As to taking of deposition

41 D As to completion and return of deposition42 (Reserved for Expansion)PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FORINSPECTION AND OTHER PURPOSES43 A Scope43 B Procedure43 C Writing called for need not be offered


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43 D Persons not parties43 E Electronically stored informationPHYSICAL AND MENTAL EXAMINATION OF PERSONS; REPORTS OFEXAMINATIONS

44 A Order for examination44 B Report of examining physician or psychologist44 C Reports of examinations; claims for damages for injuries44 D Report; effect of failure to comply44 D(1) Preparation of written report44 D(2) Failure to comply or make report or request report44 E Access to individually identifiable health informationREQUESTS FOR ADMISSION

45 A Request for admission45 B Response45 C Motion to determine sufficiency45 D Effect of admission45 E Form of response45 F NumberFAILURE TO MAKE DISCOVERY; SANCTIONS46 A Motion for order compelling discovery46 A(1) Appropriate court

46 A(1) (a) Parties46 A(1) (b) Non-parties46 A(2) Motion46 A(3) Evasive or incomplete answer46 A(4) Award of expenses of motion46 B Failure to comply with order46 B(1) Sanctions by court in the county where the deponent is located46 B(2) Sanctions by court in which action is pending

46 B(3) Payment of expenses46 C Expenses on failure to admit46 D Failure of party to attend at own deposition or respond to request for inspection or to

inform of question regarding the existence of coverage of liability insurance policySUMMARY JUDGMENT47 A For claimant47 B For defending party


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47 C Motion and proceedings thereon47 D Form of affidavits and declarations; defense required47 E Affidavit or declaration of attorney when expert opinion required47 F When affidavits or declarations are unavailable

47 G Affidavits or declarations made in bad faith47 H Multiple parties or claims; limited judgment48 (Reserved for Expansion)49 (Reserved for Expansion)JURY TRIAL50 Jury trial of rightISSUES; TRIAL BY JURY OR BY THE COURT51 A Issues

51 B Issues of law; how tried51 C Issues of fact; how tried51 D Advisory jury and jury trial by consentPOSTPONEMENT OF CASES52 A Postponement52 B Absence of evidenceCONSOLIDATION; SEPARATE TRIALS53 A Joint hearing or trial; consolidation of actions53 B Separate trials

DISMISSAL OF ACTIONS; COMPROMISE54 A Voluntary dismissal; effect thereof54 A(1) By plaintiff; by stipulation54 A(2) By order of court54 A(3) Costs and disbursements54 B Involuntary dismissal54 B(1) Failure to comply with rule or order54 B(2) Insufficiency of evidence

54 B(3) Dismissal for want of prosecution; notice54 B(4) Effect of judgment of dismissal54 C Dismissal of counterclaim, cross-claim, or third party claim54 D Costs of previously dismissed action54 E Offer to allow judgment; effect of acceptance or rejection54 F Settlement conferencesSUBPOENA


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55 A Defined; form55 B For production of books, papers, documents, or tangible things and to permit

inspection55 C Issuance

55 C(1) By whom issued55 C(2) By clerk in blank55 D Service; service on law enforcement agency; service by mail; proof of service55 D(1) Service55 D(2) Service on law enforcement agency55 D(3) Service by mail55 D(4) Service by mail; exception55 D(5) Proof of service

55 E Subpoena for hearing or trial; prisoners55 F Subpoena for taking depositions or requiring production of books, papers, documents,or tangible things; place of production and examination

55 F(1) Subpoena for taking deposition55 F(2) Place of examination55 F(3) Production without examination or deposition55 G Disobedience of subpoena; refusal to be sworn or answer as a witness55 H Individually identifiable health information55 H(1) Definitions

55 H(2) Mode of compliance55 H(3) Affidavit or declaration of custodian of records55 H(4) Personal attendance of custodian of records may be required55 H(5) Tender and payment of fees55 H(6) Scope of discoveryTRIAL BY JURY56 Trial by jury defined56 A Twelve-person juries

56 B Six-person juriesJURORS57 A Challenging compliance with selection procedures57 A(1) Motion57 A(2) Stay of proceedings57 A(3) Exclusive means of challenge57 B Jury; how drawn


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57 C Examination of jurors57 D Challenges57 D(1) Challenges for cause; grounds57 D(2) Peremptory challenges; number

57 D(3) Conduct of peremptory challenges57 D(4) Challenge of peremptory challenge exercised on basis of race, ethnicity or sex57 E Oath of jury57 F Alternate jurorsTRIAL PROCEDURE58 A Manner of proceedings on trial by the court58 B Manner of proceedings on jury trial58 C Separation of jury before submission of cause; admonition

58 D Proceedings if juror becomes sick58 E Failure to appear for trialINSTRUCTIONS TO JURY AND DELIBERATION59 A Proposed instructions59 B Charging the jury59 C Deliberation59 C(1) Exhibits59 C(2) Written statement of issues59 C(3) Copies of documents

59 C(4) Notes59 C(5) Custody of and communications with jury59 C(6) Separation during deliberation59 C(7) Juror's use of private knowledge or information59 D Further instructions59 E Comments on evidence59 F Discharge of jury without verdict59 F(1) When jury may be discharged

59 F(2) New trial when jury discharged59 G Return of jury verdict59 G(1) Declaration of verdict59 G(2) Number of jurors concurring59 G(3) Polling the jury59 G(4) Informal or insufficient verdict59 G(5) Completion of verdict; form and entry


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59 H Necessity of noting exception on error in statement of issues or instructions given orrefused

59 H(1) Statement of issues or instructions given or refused59 H(2) Exceptions must be specific and on the record

MOTION FOR DIRECTED VERDICT60 Motion for a directed verdictVERDICTS, GENERAL AND SPECIAL61 A General verdict61 B Special verdict61 C General verdict accompanied by answer to interrogatories61 D Action for specific personal propertyFINDINGS OF FACT

62 A Necessity62 B Proposed findings; objections62 C Entry of judgment62 D Extending or lessening time62 E Necessity62 F Effect of findings of factJUDGMENT NOTWITHSTANDING THE VERDICT63 A Grounds63 B Reserving ruling on directed verdict motion

63 C Alternative motion for new trial63 D(1) Time for motion and ruling63 D(2) Effect of notice of appeal63 E Duties of the clerk63 F Motion for new trial after judgment notwithstanding the verdict

NEW TRIALS64 A New trial defined64 B Jury trial; grounds for new trial

64 C New trial in case tried without a jury64 D Specification of grounds of motion; when motion must be on affidavits or

declarations64 E When counteraffidavits or counterdeclarations are allowed; former proceedings

considered64 F(1) Time of motion; counteraffidavits or counterdeclarations; hearing and determination64 F(2) Effect of notice of appeal


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64 G New trial on court's own initiativeREFEREES65 A In general65 A(1) Appointment

65 A(2) Compensation65 A(3) Delinquent fees65 B Reference65 B(1) Reference by agreement65 B(2) Reference without agreement65 C Powers65 C(1) Order of reference65 C(2) Power under order of reference

65 C(3) Record65 D Proceedings65 D(1) Meetings65 D(2) Witnesses65 D(3) Accounts65 E Report65 E(1) Contents65 E(2) Filing65 E(3) Effect

SUBMITTED CONTROVERSY66 A Submission without action66 A(1) Contents of submission66 A(2) Who must sign the submission66 A(3) Effect of the submission66 B Submission of pending case66 B(1) Pleadings deemed abandoned66 B(2) Provisional remedies

JUDGMENTS67 A Definitions67 B Judgment for less than all claims or parties in action67 C Demand for judgment67 D Judgment in action for recovery of personal property67 E Judgment in action against partnership, unincorporated association, or parties jointly

indebted


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67 E(1) Partnership and unincorporated association67 E(2) Joint obligations; effect of judgment67 F Judgment by stipulation67 F(1) Availability of judgment by stipulation

67 F(2) Filing; assent in open court67 G Judgment on portion of claim exceeding counterclaimALLOWANCE AND TAXATION OF ATTORNEY FEES AND COSTS ANDDISBURSEMENTS68 A Definitions68 A(1) Attorney fees68 A(2) Costs and disbursements68 B Allowance of costs and disbursements

68 C Award of and entry of judgment for attorney fees and costs and disbursements68 C(1) Application of this section to award of attorney fees68 C(2) Alleging right to attorney fees68 C(3) Proof68 C(4) Procedure for seeking attorney fees or costs and disbursements68 C(4) (a) Filing and serving statement of attorney fees and costs and disbursements68 C(4) (b) Objections68 C(4) (c) Hearing on objections68 C(4) (d) No timely objections

68 C(4) (e) Findings and conclusions68 C(5) Judgment concerning attorney fees or costs and disbursements68 C(5) (a) As part of judgment68 C(5) (b) By supplemental judgment; notice68 C(6) Avoidance of multiple collection of attorney fees and costs and disbursements68 C(6) (a) Separate judgments for separate claims68 C(6) (b) Separate judgments for the same claimDEFAULT ORDERS AND JUDGMENTS

69 A In general69 B Intent to appear; notice of intent to apply for an order of default69 C Motion for order of default69 D Motion for judgment by default69 E Certain motor vehicle cases69 F Setting aside an order of default or judgment by defaultRELIEF FROM JUDGMENT OR ORDER


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71 A Clerical mistakes71 B Mistakes; inadvertence; excusable neglect; newly discovered evidence, etc.71 B(1) By motion71 B(2) When appeal pending

71 C Relief from judgment by other means71 D Writs and bills abolishedSTAY OF PROCEEDINGS TO ENFORCE JUDGMENT72 A Immediate execution; discretionary stay72 B Other stays72 C Stay or injunction in favor of public body72 D Stay of judgment as to multiple claims or multiple partiesJUDGMENTS BY CONFESSION

73 A Judgments which may be confessed73 A(1) For money due; where allowed73 A(2) Consumer transactions73 B Statement by defendant73 C Application by plaintiff73 D Confession by joint debtors74 (Reserved for Expansion)75 (Reserved for Expansion)76 (Reserved for Expansion)

77 (Reserved for Expansion)ORDER OR JUDGMENT FOR SPECIFIC ACTS78 A Judgment requiring performance considered equivalent thereto78 B Enforcement; contempt78 C ApplicationTEMPORARY RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS79 A Availability generally79 A(1) Circumstances

79 A(2) Time79 B Temporary restraining order79 B(1) Notice79 B(2) Contents of order; duration79 B(3) Hearing on preliminary injunction79 B(4) Adverse party's motion to dissolve or modify79 B(5) Temporary restraining orders not extended by implication


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81 A(9) Provisional process81 A(10) Security interest81 A(11) Sheriff81 A(12) Writ

81 B Service of notices or orders; proof of service81 B(1) Service81 B(2) Proof of service81 C Adverse claimants81 C(1) Summary release of attachment81 C(2) Continuation of attachmentSECURITY; BONDS AND UNDERTAKINGS; JUSTIFICATION OF SURETIES82 A Security required

82 A(1) Restraining orders; preliminary injunctions82 A(2) Receivers82 A(3) Attachment or claim and delivery82 A(4) Other provisional process82 A(5) Form of security or bond82 A(6) Modification of security requirements by court82 B Security; proceedings against sureties82 C Approval by clerk82 D Qualifications of sureties

82 D(1) Individuals82 D(2) Corporations82 E Affidavits or declarations of sureties82 E(1) Individuals82 E(2) Corporations82 E(3) Service82 F Objections to sureties82 G Hearing on objections to sureties

82 G(1) Request for hearing82 G(2) Information to be furnished82 G(3) Surety insurersPROVISIONAL PROCESS83 A Requirements for issuance83 B Provisional process prohibited in certain consumer transactions83 C Evidence admissible; choice of remedies available to court


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83 D Issuance of provisional process where damage to property threatened83 E Restraining order to protect property83 F Appearance; hearing; service of show cause order; content; effect of service on

person in possession of property

83 G Waiver; order without hearing83 H Authority of court on sustaining validity of underlying claim; provisional process;

restraining orderATTACHMENT84 A Actions in which attachment allowed84 A(1) Order for provisional process84 A(2) Actions in which attachment allowed84 A(3) Exception for financial institution

84 B Property that may be attached84 C Attachment by claim of lien84 C(1) Property subject to claim of lien84 C(2) Form of claim; filing84 C(2) (a) Form84 C(2) (b) Filing84 D Writ of attachment84 D(1) Issuance; contents; to whom directed; issuance of several writs84 D(2) Manner of executing writ

84 D(2) (a) Personal property not in possession of third party84 D(2) (b) Other personal property84 D(3) Notice to defendant84 D(4) Return of writ; inventory84 D(5) Indemnity to sheriff84 E Disposition of attached property after judgment84 E(1) Judgment for plaintiff84 E(2) Judgment not for plaintiff

84 F Redelivery of attached property84 F(1) Order and bond84 F(2) Defense of suretyCLAIM AND DELIVERY85 A Claim and delivery85 B Delivery by sheriff under provisional process order85 C Custody and delivery of property


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85 D Filing of order by sheriff85 E Dismissal prohibited

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

Rules 1 through 64 were promulgated originally on December 2, 1978, and submitted to theLegislative Assembly at its 1979 Regular Session by the Council on Court Procedures pursuantto ORS 1.735. Rules 65 through 85, and amendments of previously adopted rules, were

promulgated originally on December 13, 1980, and submitted to the Legislative Assembly at its1981 Regular Session by the Council. Some of the rules have been amended by the LegislativeAssembly.

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

[CCP 12/2/78] indicates the rule was promulgated by the Council on Court Procedures onDecember 2, 1978.

[CCP 12/13/80] indicates the rule was promulgated by the Council on December 13, 1980.[CCP 12/2/78; amended by CCP 12/13/80] indicates the rule was promulgated by the

Council on December 2, 1978, and amended by the Council by promulgation on December 13,1980.

[CCP 12/2/78; amended by 1979 c.284 7; D amended by 1981 c.898 3] indicates that therule was amended by section 7, chapter 284, Oregon Laws 1979, and that section D of the rulewas amended by section 3, chapter 898, Oregon Laws 1981.

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

[CCP 12/2/78; amended by CCP 12/13/80; 1981 c.912 1]indicates that the rule was amended by the Council on December 13, 1980, and by section 1,chapter 912, Oregon Laws 1981.

[CCP 12/2/78; 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 Laws1979, that section D of the rule was amended by the Council on December 13, 1980, and thatsection D of the rule was amended by section 4, chapter 898, Oregon Laws 1981.

[CCP 12/2/78; 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 thatsections E, F and G of the rule were adopted by the Council by promulgation on December 13,1980, and that section F was deleted and that section G was redesignated by the Council by

promulgation on December 14, 1996.

SCOPE; CONSTRUCTION; APPLICATION; RULE; CITATIONRULE 1

A Scope. These rules govern procedure and practice in all circuit courts of this state, except inthe small claims department of circuit courts, for all civil actions and special proceedingswhether cognizable as cases at law, in equity, or of statutory origin except where a different

procedure is specified by statute or rule. These rules shall also govern practice and procedure inall civil actions and special proceedings, whether cognizable as cases at law, in equity, or of


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statutory origin, for the small claims department of circuit courts and for all other courts of thisstate to the extent they are made applicable to such courts by rule or statute. Reference in theserules to actions shall include all civil actions and special proceedings whether cognizable ascases at law, in equity or of statutory origin.

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

C Application. 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 the opinion of the court theirapplication in a particular action pending when the rules take effect would not be feasible orwould work injustice, in which event the former procedure applies.

D Rule defined and local rules. References to these rules shall include Oregon Rules ofCivil Procedure numbered 1 through 85. General references to rule or rules shall mean onlyrule or rules of pleading, practice, and procedure established by ORS 1.745, or promulgated

under ORS 1.006, 1.735, 2.130, and 305.425, unless otherwise defined or limited. These rules donot preclude a court in which they apply from regulating pleading, practice, and procedure in anymanner not inconsistent with these rules.

E Use of declaration under pe nalty of perjury in lieu of affidavit; declaration defined. Adeclaration under penalty of perjury may be used in lieu of any affidavit required or allowed bythese rules. A declaration under penalty of perjury may be made without notice to adverse

parties, must be signed by the declarant, and must include the following sentence in prominentletters immediately above the signature of the declarant: I hereby declare that the abovestatement is true to the best of my knowledge and belief, and that I understand it is made for useas evidence in court and is subject to penalty for perjury. As used in these rules, declarationmeans a declaration under penalty of perjury.

F Electronic filing. Any reference in these rules to any document, except a summons, which isexchanged, served, entered, or filed during the course of civil litigation shall be construed toinclude electronic images or other digital information in addition to printed versions of suchitems, as may be permitted by rules of the court in which the action is pending.

G Citation. These rules may be referred to as ORCP and may be cited, for example, by citationof Rule 7, section D, subsection (3), paragraph (a), subparagraph (iv), part (A), as ORCP 7D(3)(a)(iv)(A).

[CCP 12/2/78; amended by 1979 c.284 7; D amended by 1981 c.898 3; D amended by 1981s.s. c.1 21; E amended by CCP 12/13/86; A amended by 1995 c.658 117; amended by 2003c.194 1; F adopted and former F redesignated as G and D,E,G amended by CCP12/13/08]

FORM OF ACTIONRULE 2


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One form 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 thosedistinctions specifically provided for by these rules, by statute, or by the Constitution of thisstate.

[CCP 12/2/78]COMMENCEMENTRULE 3

Commencement of 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)RULE 4

Personal jurisdiction. A court of this state having jurisdiction of the subject matter has jurisdiction over a party served in an action pursuant to Rule 7 under any of the followingcircumstances:

A Local presence or status. In any action, whether arising within or without this state, against adefendant who when the action is commenced:

A(1) Is a natural person present within this state when served; orA(2) Is a natural person domiciled within this state; orA(3) Is a corporation created by or under the laws of this state; orA(4) Is engaged in substantial and not isolated activities within this state, whether such

activities are wholly interstate, intrastate, or otherwise; orA(5) Has expressly consented to the exercise of personal jurisdiction over such defendant.

B Special jurisdiction statutes. In any action which may be brought under statutes or rules ofthis state that specifically confer grounds for personal jurisdiction over the defendant.

C Local act or omission. In any action claiming injury to person or property within or withoutthis state arising out of an act or omission within this state by the defendant.

D Local injury; foreign act. In any action claiming injury to person or property within this statearising out of an act or omission outside this state by the defendant, provided in addition that atthe time of the injury, either:

D(1) Solicitation or service activities were carried on within this state by or on behalf of thedefendant; or

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


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E Local 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 party for the

plaintiff's benefit, by the defendant to perform services within this state 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 defendant within this

state or services actually performed for the defendant by the plaintiff within this state, if such performance within this state was authorized or ratified by the defendant; orE(3) Arises out of a promise, made anywhere to the plaintiff or to some third party for the

plaintiff's benefit, by the defendant to deliver or receive within this state or to send from thisstate goods, documents of title, or other things of value; or

E(4) Relates to goods, documents of title, or other things of value sent from this state by thedefendant to the plaintiff or to a third person on the plaintiff's order or direction; or

E(5) Relates to goods, documents of title, or other things of value actually received in thisstate by the plaintiff from the defendant or by the defendant from the plaintiff, without regard towhere delivery to carrier occurred.

F Local property. In any action which arises out of the ownership, use, or possession of real property situated in this state or the ownership, use, or possession of other tangible property,assets, or things of value which were within this state at the time of such ownership, use, or

possession; including, but not limited to, actions to recover a deficiency judgment upon anymortgage, conditional sale contract, or other security agreement relating to such property,executed by the defendant or predecessor to whose obligation the defendant has succeeded.

G Director or officer of a domestic corporation. In any action against a defendant who is orwas an officer or director of a domestic corporation where the action arises out of the defendant'sconduct as such officer or director or out of the activities of such corporation while the defendantheld office as a director or officer.

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

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

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

I(2) The person, property, or risk insured was located within this state when the event out ofwhich 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 within this state,regardless of where the person, property, or risk insured was located.

J Securities. In any action arising under the Oregon Securities Law, including an action brought 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 sells a securityin this state, directly or indirectly, unless the security or the sale is exempt from ORS 59.055; or


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

K Certain marital and domestic relations actions.K(1) In any action to determine a question of status instituted under ORS chapter 106 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 or 107, ifthe parties to a marriage have concurrently maintained the same or separate residences ordomiciles within this state for a period of six months, notwithstanding departure from this stateand acquisition of a residence or domicile in another state or country before filing of such action;

but if an action to enforce personal obligations arising under ORS chapter 106 or 107 is notcommenced within one year following the date upon which the party who left the state acquireda residence or domicile in another state or country, no jurisdiction is conferred by this subsectionin any such action.

K(3) In any proceeding to establish paternity under ORS chapter 109 or 110, or any actionfor declaration of paternity where the primary purpose of the action is to establish responsibility

for child support, when the act of sexual intercourse which resulted in the birth of the child isalleged to have taken place in this state.

L Other 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 in this state is notinconsistent with the Constitution of this state or the Constitution of the United States.

M Personal representative. In any action against a personal representative to enforce a claimagainst the deceased person represented where one or more of the grounds stated in sections Athrough L would have furnished a basis for jurisdiction over the deceased had the deceased beenliving. It is immaterial whether the action is commenced during the lifetime of the deceased.

N Joinder of claims in the same action. In any action brought in reliance upon jurisdictionalgrounds stated in sections B through L, there cannot be joined in the same action any other claimor cause against the defendant unless grounds exist under this rule, or other rule or statute, for

personal jurisdiction over the defendant as to the claim or cause to be joined.

O Defendant defined. For purposes of this rule and Rules 5 and 6, defendant includes any party subject to the jurisdiction of the court.

[CCP 12/2/78; K amended by 1979 c.284 8; M amended by CCP 12/13/80; E amended byCCP 12/10/88 and 1/6/89; K amended by 1993 c.33 364; J amended by 1995 c.79 401; Kamended by 1995 c.608 40; K amended by 2003 c.14 13]

(In Rem)RULE 5

Jurisdiction in rem. A court of this state having jurisdiction of the subject matter may exercise jurisdiction in rem on the grounds stated in this section. A judgment in rem may affect theinterests of a defendant in the status, property, or thing acted upon only if a summons has been


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served upon the defendant pursuant to Rule 7 or other applicable rule or statute. Jurisdiction inrem may be invoked in any of the following cases:

A When the subject of the action is real or personal property in this state and the defendanthas or claims a lien or interest, actual or contingent, therein, or the relief demanded consistswholly or partially in excluding the defendant from any interest or lien therein. This section also

shall apply when any such defendant is unknown.B When the action is to foreclose, redeem from, or satisfy a mortgage, claim, or lien uponreal property within this state.

[CCP 12/2/78]

(Without Service)RULE 6

Personal jurisdiction without service of summons. A court of this state having jurisdiction ofthe subject matter may, without a summons having been served upon a party, exercise

jurisdiction in an action over a party with respect to any counterclaim asserted against that partyin an action which the party has commenced in this state and also over any party who appears inthe action and waives the defense of lack of jurisdiction over the person, insufficiency ofsummons or process, or insufficiency of service of summons or process, as provided in Rule 21G. Where jurisdiction is exercised under Rule 5, a defendant may appear in an action and defendon the merits, without being subject to personal jurisdiction by virtue of this rule.

[CCP 12/2/78]

SUMMONSRULE 7

A Definitions. For purposes of this rule, plaintiff shall include any party issuing summons a nddefendant shall include any party upon whom service of summons is sought. For purposes ofthis rule, a true copy of a summons and complaint means an exact and complete copy of theoriginal summons and complaint.

B Issuance. Any time after the action is commenced, plaintiff or plaintiff's attorney may issue asmany original summonses as either may elect and deliver such summonses to a personauthorized to serve summonses under section E of this rule. A summons is issued whensubscribed by plaintiff or an active member of the Oregon 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 which the complaint

is filed and the names of the parties to the action.C(1)(b) Direction to defendant. A direction to the defendant requiring defendant to appear

and defend within the time required by subsection (2) of this section and a notification todefendant that in case of failure to do so, the plaintiff will apply to the court for the reliefdemanded in the complaint.


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

C(2) Time for response. If the summons is served by any manner other than publication,the defendant shall appear and defend within 30 days from the date of service. If the summons is

served by publication pursuant to subsection D(6) of this rule, the defendant shall appear anddefend within 30 days from the date stated in the summons. The date so stated in the summonsshall be the date of the first publication.

C(3) Notice to party served.C(3)(a) In general. All summonses, other than a summons referred to in paragraph (b) or (c)

of this subsection, shall contain a notice printed in type size equal to at least 8-point type whichmay be substantially in the following form:

_____________________________________________________________________________

NOTICE TO DEFENDANT:READ THESE PAPERS CAREFULLY!

You must appear in this case or the other side will win automatically. To appear youmust file with the court a legal document called a motion or answer. The motion oranswer must be given to the court clerk or administrator within 30 days along with the requiredfiling 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. If you need help in finding

an attorney, you may contact the Oregon State Bar's Lawyer Referral Service online atwww.oregonstatebar.org or by calling (503) 684-3763 (in the Portland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.

_____________________________________________________________________________

C(3)(b) Service for counterclaim. A summons to join a party to respond to a counterclaim pursuant to Rule 22 D (1) shall contain a notice printed in type size equal to at least 8-point typewhich may be substantially in the following form:

_____________________________________________________________________________

NOTICE TO DEFENDANT:READ THESE PAPERS CAREFULLY!

You must appear to protect your rights in this matter. To appear you must file with thecourt 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 filing fee. It must be in

proper form and have proof of service on the defendant's attorney or, if the defendant does nothave an attorney, proof of service on the defendant.

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

_____________________________________________________________________________


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C(3)(c) Service on persons liable for attorney fees. A summons to join a party pursuant toRule 22 D(2) shall contain a notice printed in type size equal to at least 8-point type which may

be substantially in the following form: _____________________________________________________________________________

NOTICE TO DEFENDANT:READ THESE PAPERS CAREFULLY!You may be liable for attorney fees in this case. Should plaintiff in this case not prevail, a

judgment for reasonable attorney fees will be entered against you, as provided by the agreementto which defendant alleges you are a party.

You must appear to protect your rights in this matter. To appear you must f ile with thecourt 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 filing fee. It must be in

proper form and have proof of service on the defendant's attorney or, if the defendant does nothave an attorney, proof of service on the defendant.

If you have questions, you should see an attorney immediately. If you need help in finding

an attorney, you may contact the Oregon State Bar's Lawyer Referral Service online atwww.oregonstatebar.org or by calling (503) 684-3763 (in the Portland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.

_____________________________________________________________________________

D Manner of service.D(1) Notice required. Summons shall be served, either within or without this state, in any

manner reasonably calculated, under all the circumstances, to apprise the defendant of theexistence and pendency of the action and to afford a reasonable opportunity to appear anddefend. Summons may be served in a manner specified in this rule or by any other rule or statuteon the defendant or upon an agent authorized by appointment or law to accept service ofsummons for the defendant. Service may be made, subject to the restrictions and requirements ofthis rule, by the following methods: personal service of true copies of the summons and thecomplaint upon defendant or an agent of defendant authorized to receive process; substitutedservice by leaving true copies of the summons and the complaint at a person's dwelling house orusual place of abode; 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; or, service by

publication.D(2) Service methods.D(2)(a) Personal service. Personal service may be made by delivery of a true copy of the

summons and a true copy of the complaint to the person to be served.D(2)(b) Substituted service. Substituted service may be made by delivering true copies of

the summons and the complaint at the dwelling house or usual place of abode of the person to beserved, to any person 14 years of age or older residing in the dwelling house or usual place ofabode of the person to be served. Where substituted service is used, the plaintiff, as soon asreasonably possible, shall cause to be mailed, by first class mail, true copies of the summons andthe complaint to the defendant at defendant's dwelling house or usual place of abode, togetherwith a statement of the date, time, and place at which substituted service was made. For the

purpose of computing any period of time prescribed or allowed by these rules or by statute,substituted service shall be complete upon such mailing.


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D(2)(c) Office service. If the person to be served maintains an office for the conduct of business, office service may be made by leaving true copies of the summons and the complaint atsuch office during normal working hours with the person who is apparently in charge. Whereoffice service is used, the plaintiff, as soon as reasonably possible, shall cause to be mailed, byfirst class mail, true copies of the summons and the complaint to the defendant at defendant's

dwelling house or usual place of abode or defendant's place of business or such other place underthe circumstances that is most reasonably calculated to apprise the defendant of the existence and pendency of the action, 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 or allowed bythese rules or by statute, office service shall be complete upon such mailing.

D(2)(d) Service by mail. D(2)(d)(i) Generally. When required or allowed by this rule or by statute, except as

otherwise permitted, service by mail shall be made by mailing true copies of the summons andthe complaint to the defendant by first class mail and by any of the following: certified,registered, or express mail with return receipt requested. For purposes of this section, first classmail does not include certified, registered, or express mail, return receipt requested, or any other

form of mail which may delay or hinder actual delivery of mail to the addressee.D(2)(d)(ii) Calculation of time. For the purpose of computing any period of time provided by these rules or by statute, service by mail, except as otherwise provided, shall be complete onthe day the defendant, or other person authorized by appointment or law, signs a receipt for themailing, or three days 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 first occurs.

D(3) Particular defendants. Service may be made upon specified defendants as follows:D(3)(a) Individuals. D(3)(a)(i) Generally. Upon an individual defendant, by personal delivery of true copies of

the summons and the complaint to such defendant or other person authorized by appointment orlaw to receive service of summons on behalf of such defendant, by substituted service, or byoffice service. Service may also be made upon an individual defendant to whom neithersubparagraph (ii) nor (iii) of this paragraph applies by a mailing made in accordance with

paragraph (2)(d) of this section provided the defendant signs a receipt for the certified,registered, or express mailing, in which case service shall be complete on the date on which thedefendant signs a receipt for the mailing.

D(3)(a)(ii) Minors. Upon a minor under the age of 14 years, by service in the mannerspecified in subparagraph (i) of this paragraph upon such minor and, also, upon such minor'sfather, mother, conservator of the minor's estate, or guardian, or, if there be none, then upon any

person having the care or control of the minor, or with whom such minor resides, or in whoseservice such minor is employed, or upon a guardian ad litem appointed pursuant to Rule 27 A(2).

D(3)(a)(iii) Incapacitated persons. Upon a person who is incapacitated or financiallyincapable, as defined by ORS 125.005, by service in the manner specified in subparagraph (i) ofthis paragraph upon such person and, also, upon the conservator of such person's estate orguardian, or, if there be none, upon a guardian ad litem appointed pursuant to Rule 27 B(2).

D(3)(a)(iv) Tenant of a mail agent. Upon an individual defendant who is a tenant of amail agent within the meaning of ORS 646A.340 by delivering true copies of the summonsand the complaint to any person apparently in charge of the place where the mail agent receivesmail for the tenant, provided that:

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


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

Service shall be complete on the latest date resulting from the application of subparagraphD(2)(d)(ii) of this rule to all mailings required by this subparagraph unless the defendant signs areceipt for the mailing, in which case service is complete on the day the defendant signs thereceipt.

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 a registeredagent, officer, or director of the corporation; or by personal service upon any clerk on duty in theoffice of a registered agent.

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

(A) by substituted service upon such registered agent, officer, or director;(B) by personal service on any clerk or agent of the corporation who may be found in thecounty where the action is filed;

(C) by mailing in the manner specified in paragraph (2)(d) of this section true copies of thesummons and the complaint to the office of the registered agent or to the last registered office ofthe corporation, if any, as shown by the records on file in the office of the Secretary of State; or,if the corporation is not authorized to transact business in this state at the time of the transaction,event, or occurrence upon which the action is based occurred, to the principal office or place of

business of the corporation, 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) 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 registered

agent, manager, or (for a member-managed limited liability company) member of a limitedliability company; or by personal service upon any clerk on duty in the office of a registeredagent.

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

(A) by substituted service upon such registered agent, manager, or (for a member-managedlimited liability company) member of a limited liability company;

(B) by personal service on any clerk or agent of the limited liability company who may befound in the county where the action is filed;

(C) by mailing in the manner specified in paragraph (2)(d) of this section true copies of thesummons and the complaint to the office of the registered agent or to the last registered office ofthe limited liability company, as shown by the records on file in the office of the Secretary ofState or, if the limited liability company is not authorized to transact business in this state at thetime of the transaction, event, or occurrence upon which the action is based occurred, to the

principal office or place of business of the limited liability company, and in any case to any


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highways, streets, or premises open to the public as defined by law of this state if the plaintiffmakes at least one attempt to serve a defendant who operated such motor vehicle, or caused it to

be operated on the defendant's behalf, by a method authorized by subsection (3) of this sectionexcept service by mail pursuant to subparagraph (3)(a)(i) of this section and, as shown by itsreturn, did not effect service, the plaintiff may then serve that defendant by mailings made in

accordance with paragraph (2)(d) of this section addressed to that defendant at:(A) any residence address provided by that defendant at the scene of the accident;(B) the current residence address, if any, of that defendant shown in the driver records of the

Department of Transportation; and(C) any other address of that defendant known to the plaintiff at the time of making the

mailings required by (A) and (B) that reasonably might result in actual notice to that defendant.Sufficient service pursuant to this subparagraph may be shown if the proof of service

includes a true copy of the envelope in which each of the certified, registered, or expressmailings required by (A), (B), and (C) above was made showing that it was returned to sender asundeliverable or that the defendant did not sign the receipt. For the purpose of computing any

period of time prescribed or allowed by these rules or by statute, service under this subparagraph

shall be complete on the latest date on which any of the mailings required by (A), (B), and (C)above is made. If the mailing required by (C) is omitted because the plaintiff did not know of anyaddress other than those specified in (A) and (B) above, 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 (i) of this paragraph may berecovered as provided in Rule 68.

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

D(4)(b) Notification of change of address. Any person who; while operating a motorvehicle upon the roads, highways, streets, or premises open to the public as defined by law ofthis state; is involved in any accident, collision, or other event giving rise to liability shallforthwith notify the Department of Transportation of any change of such defendant's addressoccurring within three years after such accident, collision, or event.

D(5) Service in foreign country. When service is to be effected upon a party in a foreigncountry, it is also sufficient if service of true copies of the summons and the complaint is made inthe manner prescribed by the law of the foreign country for service in that country in its courts ofgeneral jurisdiction, or as directed by the foreign authority in response to letters rogatory, or asdirected by order of the court. However, in all cases such service shall be reasonably calculatedto 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 by affidavit

or declaration that service cannot be made by any method otherwise specified in these rules orother rule or statute, the court, at its discretion, may order service by any method or combinationof methods which under the circumstances is most reasonably calculated to apprise the defendantof the existence and pendency of the action, including but not limited to: publication ofsummons; mailing without publication to a specified post office address of the defendant by firstclass mail and any of the following: certified, registered, or express mail, return receiptrequested; or posting at specified locations. If service is ordered by any manner other than

publication, the court may order a time for response.


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D(6)(b) Contents of published summons. In addition to the contents of a summons asdescribed in section C of this rule, a published summons shall also contain a summary statementof the object of the complaint and the demand for relief, and the notice required in subsectionC(3) shall state: The 'motion' or 'answer' (or 'reply') must be given to the court clerk oradministrator within 30 days of the date of first publication specified herein along with the

required filing fee. The published summons shall also contain the date of the first publication ofthe summons.D(6)(c) Where published. An order for publication shall direct publication to be made in a

newspaper of general circulation in the county where the action is commenced or, if there is nosuch newspaper, then in a newspaper to be designated as most likely to give notice to the personto be served. Such publication shall be four times in successive calendar weeks. If the plaintiffknows of a specific location other than the county where the action is commenced where

publication might reasonably result in actual notice to the defendant, the plaintiff shall so state inthe affidavit or declaration required by paragraph (a) of this subsection, and the court may order

publication in a comparable manner at such location in addition to, or in lieu of, publication inthe county where the action is commenced.

D(6)(d) Mailing summons and complaint. If the court orders service by publication andthe plaintiff knows or with reasonable diligence can ascertain the defendant's current address, the plaintiff shall mail true copies of the summons and the complaint to the defendant at suchaddress by first class mail and any of the following: certified, registered, or express mail, returnreceipt requested. If the plaintiff does not know and cannot upon diligent inquiry ascertain thecurrent address of any defendant, true copies of the summons and the complaint shall be mailed

by the methods specified above to the defendant at the defendant's last known address. If the plaintiff does not know, and cannot ascertain upon diligent inquiry, the defendant's current andlast known addresses, a mailing of copies of the summons and the complaint is not required.

D(6)(e) Unknown heirs or persons. If service cannot be made by another method describedin this section because defendants are unknown heirs or persons as described in sections I and Jof Rule 20, the action shall proceed against the unknown heirs or persons in the same manner asagainst named defendants served by publication and with like effect; and any such unknownheirs or persons who have or claim any right, estate, lien, or interest in the property incontroversy, at the time of the commencement of the action, and served by publication, shall be

bound and concluded by the judgment in the action, if the same is in favor of the plaintiff, aseffectively as if the action was brought against such defendants by name.

D(6)(f) Defending before or after judgment. A defendant against whom publication isordered or such defendant's representatives, on application and sufficient cause shown, at anytime before judgment, shall be allowed to defend the action. A defendant against whom

publication is ordered or such defendant's representatives may, upon good cause shown and uponsuch terms as may be proper, be allowed to defend after judgment and within one year after entryof judgment. If the defense is successful, and the judgment or any part thereof has been collectedor otherwise enforced, restitution may be ordered by the court, but the title to property sold uponexecution issued on such 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 subsection (3) of thissection if: (i) service pursuant to subparagraph (4)(a)(i) of this section is not authorized, and the

plaintiff attempted service of summons by all of the methods authorized by subsection (3) of this


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section and was unable to complete service, or (ii) if the plaintiff knew that service by suchmethods could not be accomplished.

E By whom served; compensation. A summons may be served by any competent person 18years of age or older who is a resident of the state where service is made or of this state and is

not a party to the action nor, except as provided in ORS 180.260, an officer, director, oremployee of, nor attorney for, any party, corporate or otherwise. However, service pursuant tosubparagraph D(2)(d)(i) of this rule may be made by an attorney for any party. Compensation toa sheriff or a sheriff's deputy in this state who serves a summons shall be prescribed by statute orrule. If any other person serves the summons, a reasonable fee may be paid for service. Thiscompensation shall be part of disbursements and shall be recovered as provided in Rule 68.

F Return; proof of service.F(1) Return of summons. The summons shall be promptly returned to the clerk with whom

the complaint is filed with proof of service or mailing, or that defendant cannot be found. Thesummons may be returned by first class mail.

F(2) Proof of service. Proof of service of summons or mailing may be made as follows:F(2)(a) Service other than publication. Service other than publication shall be proved by:F(2)(a)(i) Certificate of service when summons not served by sheriff or deputy. If the

summons is not served by a sheriff or a sheriff's deputy, the certificate of the server indicating:the time, place, and manner of service; that the server is a competent person 18 years of age orolder and a resident of the state of service or this state and is not a party to nor an officer,director, or employee of, nor attorney for any party, corporate or otherwise; and that the serverknew that the person, firm, or corporation served is the identical one named in the action. If thedefendant is not personally served, the server shall state in the certificate when, where, and withwhom true copies of the summons and the complaint were left or describe in detail the mannerand circumstances of service. If true copies of the summons and the complaint were mailed, thecertificate may be made by the person completing the mailing or the attorney for any party andshall state the circumstances of mailing and the return receipt shall be attached.

F(2)(a)(ii) Certificate of service by sheriff or deputy. If the summons is served by a sheriffor a sheriff's deputy, the sheriff's or deputy's certificate of service indicating the time, place, andmanner of service, and if defendant is not personally served, when, where, and with whom truecopies of the summons and the complaint were left or describing in detail the manner andcircumstances of service. If true copies of the summons and the complaint were mailed, thecertificate shall state the circumstances of mailing and the return receipt shall be attached.

F(2)(b) Publication. Service by publication shall be proved by an affidavit or by adeclaration.

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

Affidavit of Publication

State of Oregon )) ss.

County of )


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I, ________, being first duly sworn, depose and say that I am the ________ (here set forththe title or job description of the person making the affidavit), of the ________, a newspaper ofgeneral 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 publishedin the entire issue of said newspaper four 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 OregonMy commission expires

____ day of ______., 2___.

_____________________________________________________________________________

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

State of Oregon )) ss.

County of )

I, ________, say that I am the ________ (here set forth the title or job description of the person making the declaration), 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 saidnewspaper four times in the following issues: (here set forth dates of issues in which the samewas published).

I hereby declare that the above statement is true to the best of my knowledge and belief, and thatI understand it is made for use as evidence in court and is subject to penalty for perjury.

____________ ____________

___ day of ______, 2___. _____________________________________________________________________________

F(2)(c) Making and certifying affidavit. The affidavit of service may be made andcertified before a notary public, or other official authorized to administer oaths and acting assuch by authority of the United States, or any state or territory of the United States, or theDistrict of Columbia, and the official seal, if any, of such person shall be affixed to the affidavit.The signature of such notary or other official, when so attested by the affixing of the official seal,if any, of such person, shall be prima facie evidence of authority to make and certify suchaffidavit.


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

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

F(4) Failure to make proof; validity of service. If summons has been properly served,failure to make or file a proper proof of service shall not affect the validity of the service.G Disregard of error; actual notice. Failure to comply with provisions of this rule relating tothe form of summons, issuance of summons, or who may serve summons shall not affect thevalidity of service of summons or the existence of jurisdiction over the person if the courtdetermines that the defendant received actual notice of the substance and pendency of the action.The court may allow amendment to a summons, affidavit, declaration, or certificate of service ofsummons. The court shall disregard any error in the content of summons that does not materially

prejudice the substantive rights of the party against whom summons was issued. If service ismade in any manner complying with subsection D(1) of this rule, the court shall also disregardany error in the service of summons that does not violate the due process rights of the party

against whom summons was issued.[CCP 12/2/78; amended by 1979 c.284 9; D amended by CCP 12/13/80; D,E amended by1981 c.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; D amended by CCP12/15/90; C,E amended by CCP 12/12/92; D amended by 1995 c.79 402 and 1995 c.66499; 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,Gamended and H deleted by CCP 12/9/06; C amended by 2007 c.129 23; D amended by CCP12/13/08 and 2009 c.11 4; C amended by 2011 c.398 3]

PROCESSRULE 8

A Process. All process authorized to be issued by any court or officer thereof shall run in thename of the State of Oregon and be signed by the officer issuing the same, and if such process isissued by a clerk of court, the seal of office of such clerk shall be affixed to such process.Summonses and subpoenas are not process and are covered by Rule 7 and Rule 55, respectively.

B Where county is a party. Process in an action where any county is a party shall be served onthe county clerk or the person exercising the duties of that office, or if the office is vacant, uponthe chairperson of the governing body of the county, or in the absence of the chairperson, anymember thereof.

C Service or execution. Any civil process may be served or executed on Sunday or any otherlegal holiday. No limitation or prohibition stated in ORS 1.060 shall apply to such service orexecution of any civil process on a Sunday or other legal holiday.

D Proof of service or execution. Proof of service or execution of process shall be made as provided in Rule 7 F.


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[CCP 12/2/78; A amended and D deleted and E redesignated by CCP 12/9/06]

SERVICE AND FILING OF PLEADINGS AND OTHER PAPERSRULE 9

A Service; when required. Except as otherwise provided in these rules, every order; every pleading subsequent to the original complaint; every written motion other than one which may beheard ex parte; and every written request, notice, appearance, demand, offer of judgment,designation of record on appeal, and similar document shall be served upon each of the parties.

No service need be made on parties in default for failure to appear except that pleadings assertingnew or additional claims for relief against them shall be served upon them in the manner

provided for service of summons in Rule 7.

B Service; how made. Whenever under these rules service is required or permitted to be madeupon a party, and that party is represented by an attorney, the service shall be made upon the

attorney unless otherwise ordered by the court. Service upon the attorney or upon a party shall bemade by delivering a copy to such attorney or party, by mailing it to such attorney's or party'slast known address or, if the party is represented by an attorney, by telephonic facsimilecommunication device or e-mail as provided in sections F or G of this rule. Delivery of a copywithin this rule means: handing it to the person to be served; or leaving it at such person's officewith such person's clerk or person apparently in charge thereof; or, if there is no one in charge,leaving it in a conspicuous place therein; or, if the office is closed or the person to be served hasno office, leaving it at such person's dwelling house or usual place of abode with some personover 14 years of age then residing therein. A party who has appeared without providing anappropriate address for service may be served by filing a copy of the pleading or otherdocuments with the court. Service by mail is complete upon mailing. Service of any notice orother document to bring a party into contempt may only be upon such party personally.

C Filing; proof of service. Except as provided by section D of this rule, all papers required to beserved upon a party by section A of this rule shall be filed with the court within a reasonabletime after service. Except as otherwise provided in Rule 7 and Rule 8, proof of service of all

papers required or permitted to be served may be by written acknowledgment of service, byaffidavit or declaration of the person making service, or by certificate of an attorney. Such proofof service may be made upon the papers served or as a separate document attached to the papers.Where service is made by telephonic facsimile communication device or e-mail, proof of serviceshall be made by affidavit or declaration of the person making service, or by certificate of anattorney or sheriff. Attached to such affidavit, declaration, or certificate shall be the printedconfirmation of receipt of the message generated by the transmitting machine, if facsimilecommunication is used. If service is made by e-mail under section G of this rule, the personmaking service must certify that he or she received confirmation that the message was received,either by return e-mail, automatically generated message, telephonic facsimile, or orally.

D When filing not required. Notices of deposition, requests made pursuant to Rule 43, andanswers and responses thereto shall not be filed with the court. This rule shall not preclude their


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use as exhibits or as evidence on a motion or at trial. Offers of compromise made pursuant toRule 54 E shall not be filed with the court except as provided in Rule 54 E(3).

E Filing with the court defined. The filing of pleadings and other documents with the court asrequired by these rules shall be made by filing them with the clerk of the court or the person

exercising the duties of that office. The clerk or the person exercising the duties of that officeshall endorse upon such pleading or document the time of day, the day of the month, the month,and the year. The clerk or person exercising the duties of that office is not required to receive forfiling any document unless the name of the court, the title of the cause and the document, thenames of the parties, and the attorney for the party requesting filing, if there be one, are legiblyendorsed on the front of the document, nor unless the contents thereof are legible.

F Service by telephonic facsimile communication device. Whenever under these rules serviceis required or permitted to be made upon a party, and that party is represented by an attorney, theservice may be made upon the attorney by means of a telephonic facsimile communicationdevice if the attorney maintains such a device at the attorney's office and the device is operating

at the time service is made. Service in this manner shall be equivalent to service by mail for purposes of Rule 10 C.

G Service by e-mail. Service by e-mail is prohibited unless attorneys agree in writing to e-mailservice. This agreement must provide the names and e-mail addresses of all attorneys and theattorneys' designees, if any, to be served. Any attorney may withdraw his or her agreement at anytime, upon proper notice via e-mail and any one of the other methods authorized by this rule.Service is effective under this method when the sender has received confirmation that theattachment has been received by the designated recipient. Confirmation of receipt does notinclude an automatically generated message that the recipient is out of the office or otherwiseunavailable.

[CCP 12/2/78; amended by 1979 c.284 10; B amended by CCP 12/13/80; B amended byCCP 12/4/82; C,D,E amended by CCP 12/13/86; amended by 1989 c.295 1; C amended by2003 c.194 6; F amended by CCP 12/11/04; A,B,E amended by CCP 12/9/06 and 2007c.129 24,25,26; C amended by CCP 12/9/06 and 2007 c.255 15; G adopted by CCP12/9/06; D amended by CCP 12/11/10]

TIMERULE 10

A Computation. In computing any period of time prescribed or allowed by these rules, by thelocal rules of any court or by order of court, the day of the act, event, or default from which thedesignated period of time begins to run shall not be included. The last day of the period socomputed shall be included, unless it is a Saturday or a legal holiday, including Sunday, in whichevent the period runs until the end of the next day which is not a Saturday or a legal holiday. Ifthe period so computed relates to serving a public officer or filing a document at a public office,and if the last day falls on a day when that particular office is closed before the end of or for allof the normal work day, the last day shall be excluded in computing the period of time withinwhich service is to be made or the document is to be filed, in which event the period runs until


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the close of office hours on the next day the office is open for business. When the period of time prescribed or allowed (without regard to section C of this rule) is less than 7 days, intermediateSaturdays and legal holidays, including Sundays, shall be excluded in the computation. As usedin this rule, legal holiday means legal holiday as defined in ORS 187.010 and 187.020. Thissection does not apply to any time limitation governed by ORS 174.120.

B Unaffected by expiration of term. The period of time provided for the doing of any act or thetaking of any proceeding is not affected or limited by the continued existence or expiration of aterm of court. The continued existence or expiration of a term of court in no way affects the

power of a court to do any act or take any proceeding in any civil action which is pending beforeit.

C Additional time after service by mail. Except for service of summons, whenever a party hasthe right or is required to do some act or take some proceedings within a prescribed period afterthe service of a notice or other paper upon such party and the notice or paper is served by mail, 3days shall be added to the prescribed period.

[CCP 12/2/78; C amended by CCP 12/13/80; A amended by CCP 12/10/88 and 1/6/89; Aamended by 2002 s.s.1 c.10 9]

RULE 11 (Reserved for Expansion)

PLEADINGS LIBERALLY CONSTRUED; DISREGARD OF ERRORRULE 12

A Liberal construction. All pleadings shall be liberally construed with a view of substantial justice between the parties.

B Disregard of error or defect not affecting substantial right. The court shall, in every stageof an action, disregard any error or defect in the pleadings or proceedings which does not affectthe substantial rights of the adverse party.

[CCP 12/2/78]

KINDS OF PLEADINGS ALLOWED; FORMER PLEADINGS ABOLISHEDRULE 13

A Pleadings. The pleadings are the written statements by the parties of the facts constitutingtheir respective claims and defenses.

B Pleadings allowed. There shall be a complaint and an answer. An answer may include acounterclaim against a plaintiff, including a party joined under Rule 22 D, and a cross-claimagainst a defendant, including a party joined under Rule 22 D. A pleading against any person

joined under Rule 22 C is a third party complaint. There shall be an answer to a cross-claim anda third party complaint. There shall be a reply to a counterclaim denominated as such and a reply


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to assert any affirmative allegations in avoidance of any defenses asserted in an answer. Thereshall be no other pleading unless the court orders otherwise.

C Pleadings abolished. Demurrers and pleas shall not be used.

[CCP 12/2/78; amended by 1979 c.284 11]MOTIONSRULE 14

A Motions; in writing; grounds. An application for an order is a motion. Every motion, unlessmade during trial, shall be in writing, shall state with particularity the grounds therefor, and shallset forth the relief or order sought.

B Form. The rules applicable to captions, signing, and other matters of form of pleadings,including Rule 17 A, apply to all motions and other papers provided for by these rules.

[CCP 12/2/78; amended by 1979 c.284 12]

TIME FOR FILING PLEADINGS OR MOTIONSRULE 15

A Time for filing motions and pleadings. A motion or answer to the complaint or third partycomplaint and the reply to a counterclaim or answer to a cross-claim shall be filed with the clerk

by the time required by Rule 7 C(2) to appear and defend. Any other motion or responsive pleading shall be filed not later than 10 days after service of the pleading moved against or towhich the responsive pleading is directed.

B Pleading after motion.B(1) If the court denies a motion, any responsive pleading required shall be filed within 10

days after service of the order, unless the order otherwise directs.B(2) If the court grants a motion and an amended pleading is allowed or required, such

pleading shall be filed within 10 days after service of the order, unless the order otherwisedirects.

C Responding to amended pleading. A party shall respond to an amended pleading within thetime remaining for response to the original pleading or within 10 days after service of theamended pleading, whichever period may be the longer, unless the court otherwise directs.

D Enlarging time to plead or do other act. The court may, in its discretion, and upon suchterms as may be just, allow an answer or reply to be made, or allow any other pleading or motionafter the time limited by the procedural rules, or by an order enlarge such time.

[CCP 12/2/78; A amended by 1979 c.284 13; A amended by CCP 12/10/94]

FORM OF PLEADINGS


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RULE 16

A Captions; names of parties. Every pleading shall contain a caption setting forth the name ofthe court, the title of the action, the register number of the cause, and a designation in accordancewith Rule 13 B. In the complaint the title of the action shall include the names of all the parties,

but in other pleadings it is sufficient to state the name of the first party on each side with anappropriate indication of other parties.

B Concise and direct statement; paragraphs; separate statement of claims or defenses. Every pleading shall consist of plain and concise statements in paragraphs consecutivelynumbered throughout the pleading with Arabic numerals, the contents of which shall be limitedas far as practicable to a statement of a single set of circumstances, and a paragraph may bereferred to by number in all succeeding pleadings. Each separate claim or defense shall beseparately stated. Within each claim alternative theories of recovery shall be identified asseparate counts.

C Consistency in pleading alternative statements. Inconsistent claims or defenses are notobjectionable, and when a party is in doubt as to which of two or more statements of fact is true,the party may allege them in the alternative. A party may also state as many separate claims ordefenses as the party has, regardless of consistency and whether based upon legal or equitablegrounds or upon both. All statements shall be made subject to the obligation set forth in Rule 17.

D Adoption by reference. Statements in a pleading may be adopted by reference in a different part of the same pleading.

[CCP 12/2/78; B amended by CCP 12/8/84; B amended by CCP 12/13/86]

SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONSRULE 17

A Signing by party or attorney; certificate. Every pleading, motion and other document of a party represente

Oregon Rules of Civil Procedure

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