Oregon State Process Service

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In Oregon, the rules governing the Service of Process are primarily outlined in the Oregon Rules of Civil Procedure (ORCP). Below is an overview of the general rules for serving legal documents in Oregon:

1. Methods of Service

Service of process in Oregon may be carried out in several ways, including:

A. Personal Service (ORCP 7 D(3)(a))

  • Delivering a copy of the summons and complaint directly to the individual being served.
  • The documents must be handed directly to the defendant or left in their physical presence with clear notification.

B. Substitute Service (ORCP 7 D(3)(b))

  • If the person cannot be personally served, the documents can be left at the individual’s dwelling house or usual place of abode with someone 14 years of age or older who resides there.

C. Office Service (ORCP 7 D(3)(c))

  • If the person works at an office and has no dwelling house or usual place of abode known, documents can be left with someone in charge of the office during normal working hours.

D. By Mail (ORCP 7 D(2)(d))

  • Documents can be served by first-class mail and certified mail, return receipt requested. Service by mail must comply with specific rules for proof of delivery.

E. Publication (ORCP 7 D(6))

  • In cases where the defendant cannot be located, service by publication may be permitted with court approval. It must be done in a manner reasonably calculated to notify the defendant.

2. Timeframe for Service

  • Generally, service of process must occur within 60 days of filing the complaint.

3. Who Can Serve

  • Service must be performed by a person aged 18 or older who is not a party to the case. This includes:
    • Professional process servers
    • County sheriffs

4. Proof of Service

  • After service, a certificate of service or affidavit of service must be filed with the court. This document must include:
    • The method of service
    • The name of the individual served
    • The time and place of service
    • Confirmation of service compliance with the applicable rules.

Special Considerations

  • Corporations and Businesses: Service upon a corporation must generally be made by delivering documents to a registered agent, officer, or managing agent.

State Agencies or Officials: Service on the state or a public officer must adhere to the specific rules set forth in ORCP 7 D.