HOW TO SERVE LEGAL PAPERS IN OREGON

This article will provide guidance on How To Serve legal papers in Oregon. In Oregon, anybody over 18 who is not a party to the lawsuit may serve Oregon Process Service.  These notifications to the recipients must be included in an Oregon summons. However, in Oregon, substituted service may be performed on anybody fourteen years or older at home.

Plaintiff can prepare as many original summonses as they would like and can send such summonses to a person authorized to serve the summons. A summons is issued when signed by the plaintiff or a current member of the Oregon State Bar.

HOW TO SERVE SUMMONS IN OREGON

The summons must contain:[A.] Title; [B.] direction to defendant requiring them to appear within the stipulated as well as  notification of plaintiff application for the relief demanded in case of failure to do so in the complaint [C.] Subscription; Post Office Address; [D.] Time for Response [E.] Notice to Party Served in order to adhere to Oregon Process Service

Summons must be served reasonably designed to forewarn the defendant of the existence and pendency of the action and to give a reasonable opportunity to present and defend as per Oregon Process Service. Summons may be served in a manner subject to the restrictions and requirements of the law, by [A.] personal service of summons upon the defendant or an agent of the defendant authorized to receive Oregon Process Service; [B.] substituted service by leaving a copy of summons and complaint at a person’s dwelling house or usual place of abode; [C.]  office service by leaving with a person who is apparently in charge of an office; Oregon Process Service by mail; or, [D.] service by publication.

Personal service may be made by delivering a true copy of the summons and a true copy of the complaint to the person to be served.

Substituted service may be performed by giving a genuine copy of the summons and the complaint at the living household or regular site of the residence of the person to be served. Oregon Process Service may be made to any individual fourteen years old or older living in the dwelling house of the defendant.   Where substituted service is used, the plaintiff must mail a true copy of the summons and the complaint to the defendant with a statement of the date, time, and place at which substituted service was made. For computing, Oregon Process Service, any length of time specified or authorized by law; substituted service needs to be complete on the mailing.

Suppose the person to be served keeps an office for business activity. In that case, office service may be performed by leaving a true copy of the summons and the complaint within regular working hours with the person who is ostensibly in charge. Where this office service has been used, the plaintiff must send a true copy of the summons and the complaint to the defendant at the defendant’s usual place of abode or defendant’s place of business or such other place that is most reasonably calculated to properly inform the defendant of the presence and pendency of the action. This Oregon Process Service should be done by first class mail together with an assertion of the date, time, and location at which office service was made.

Oregon Process Service by mail must be determined by sending a true copy of the summons and the complaint to the defendant by first-class mail as well as [A.] certified or registered mail, [B.] return receipt requested, or [C.] express mail. It must be known that ’first-class mail’ does not include certified or registered or any other type of mail that may delay or impede the delivery of mail to the recipient.

Service by mail will be complete on the day the defendant signs a receipt for the mailing or three days after the mailing if mailed to an address within the state, or seven days after the mailing if mailed to an address outside of the state, whichever first occurs as per Oregon Process Service.

PROCESS SERVICE OPTIONS IN OREGON

Upon an individual defendant, according to personal service on the defendant or an agent authorized to start receiving Oregon Process Service of summons or, even if defendant individually is not found at defendant’s dwelling house or usual place of abode, then substituted service or office service may be done upon the individual. Upon an individual defendant who is a ‘tenant’ of a ‘mail agent’ within the meaning of ORS 646.221 by delivering a true copy of the summons and the complaint to any person apparently in charge of the place where the mail agent receives mail for the tenant,  as long as they make a diligent inquiry but cannot find the defendant; and after delivery ensures that true copy of the summons and the complaint is mailed by first-class mail to the defendant at the address at which the mail agent receives mail.

Corporations and limited partnerships will accept personal service or a higher officer of the corporation or by Oregon Process Service upon any clerk on duty in the office of a registered agent. If a registered agent or officer cannot be found in the county where the action is filed, the summons may be served: by [A.] substituted service; or [B.] by personal service on any clerk or agent of the corporation or limited partnership who may be found in the county where the action is filed; or [C.]  by mailing a copy of the summons and complaint to the office of the registered agent or the last registered office of the corporation. However, if the corporation or limited partnership is not authorized to transact business at the moment, Oregon Process Service may be served to the principal office or place of business. Essentially, this would be a location most likely to be able to receive Oregon Process Service. 

Oregon Process Service on the state should be done by personal service upon the Attorney General or by leaving a copy of the summons and complaint at the Attorney General’s office with a deputy, assistant, or clerk. Compensation to a sheriff or a sheriff’s deputy must be provided as well. Additionally, if any other person serves the summons, a reasonable fee may be paid for the Oregon Process Service. 

HOW TO FILE A RETURN OF SERVICE IN OREGON

The summons will be promptly returned to the clerk with whom the complaint is filed with proof of Oregon Process Service or mailing or that defendant cannot be found. The summons may be returned by first-class mail. The proof of service is imperative as well, wherein Oregon Process Service will be established with a certificate of service when the summons is not served by the sheriff or deputy. If the summons and complaint were mailed, the certificate might be made by the person completing the mailing or the attorney for any party. The certificate will essentially state the circumstances of mailing, and the return receipt shall be attached.

Failure to comply with the form of summons or who can serve them will not affect the validity of service of summons or the jurisdiction over the person if the court determines that the defendant received actual notice of the substance and pendency of the action. The court may allow an amendment to a summons or affidavit or certificate of service of summons. Essentially, any mistake in the summons’ content that does not materially prejudice the substantive rights of the party against whom the summons was issued can be ruled by the court. 

HOW TO SERVE A SUBPOENA IN OREGON

A subpoena is a writ or order oriented to a person, and it may necessitate their attendance at a particular time and place to testify as a witness on behalf of a particular party. However, a subpoena may require them to produce books, papers, documents, or tangible things and permit inspection at a particular time and place. A subpoena mandating attendance to appear as a witness demands that the witness stay until the testimony is concluded.  Still, at the conclusion of each day’s attendance, a witness may demand the party the payment of legal witness costs for the next day. If this payment is not provided, the witness is not required to stay longer in attendance. Every subpoena must contain the name of the court and the subject of the action.

A subpoena may be issued in blank by the clerk of the court in which the action is pending. A judge or justice of the court could also issue this. It may also be issued by an attorney of record of the party to the action on whose behalf the witness is required to appear.

WHO CAN BE SUBPOENAED IN OREGON

A resident of Oregon who is not a party to the action may be subpoenaed to appear for an examination or to produce books, papers, documents, or tangible things only in the county where they reside or at another convenient location as the court determines. A nonresident of this state who is not a party to the case may be subpoenaed to appear for an examination or to produce books, papers, documents, or physical items only in the county in which the subpoena was issued or at such other convenient location as per Oregon Process Service.

A party issuing a subpoena may direct the person to whom it is directed, other than a hospital, to provide books, papers, documents, or physical items by mail or other means, at the time and location indicated in the subpoena, without requiring examination of the originals or requiring a deposition. The individual to whom the subpoena is aimed will be compliant only if the person produces copies of the specified items in a specified manner and confirms that the copies are true copies of all the items centered around the subpoena. If any items are not included, the person must explain why they are not included.

Disobedience to a subpoena or a refusal to be sworn or answer as a witness may be punished as contempt by of the court. Upon hearing or trial, if the witness is a party and disobeys a subpoena or refuses to be sworn or answer as a witness, such party’s complaint, answer, or reply may be stricken.

HOW TO SUBPOENA HOSPITAL RECORDS IN OREGON

Hospital records may be obtained by subpoena only under strict Oregon Process Service specifications. If, however, disclosure of any requested records is constrained and limited by state or federal law, the protected records will not be divulged in reply to the subpoena unless adhering to Oregon Process Service standards. Without express permission or court order, the release of the sought documents that are not thus protected will be deemed to constitute compliance with the subpoena. Suppose the subpoena is accompanied by authorized permission or court order. In that case, the production of all records sought is deemed a part of the production of the documents relevant to the subpoena.

Suppose the subpoena is served upon the custodian of hospital records in an action in which the hospital is not a party. The subpoena requires the production of all or part of the records of the hospital relating to the care of a patient at the hospital. In that case, it is sufficient compliance with Oregon Process Service if a custodian delivers by mail or otherwise a true and correct copy of all the records responsive to the subpoena within five days after receipt. Delivery should be accompanied by an affidavit with the copy being photographic or microphotographic reproduction.

After filing and notifying all parties who have appeared, any party or the attorney of record of a party can examine the copy of the records in the presence of the custodian of the court files. Otherwise, it must remain sealed and be unsealed only on the judge’s order during the trial, deposition, or other hearing. The records must be unsealed in the attendance of all parties who appeared at the trial, deposition, or hearing in person or via counsel. Records that are not brought into evidence or are not needed as part of the record should be returned to the hospital’s custodian of records.

The records should be accompanied by the affidavit of a custodian of the hospital records, stating [A.] that the affiant is a duly authorized custodian of the records and has authority to certify records; [B.]  that the copy is a true copy of all the records responsive to the subpoena; [C.] that the records were prepared by the personnel of the hospital, staff physicians, or persons acting under the control of either, in the ordinary course of hospital business, at or near the time of the act, condition, or event described or referred to therein.

If the hospital has none or only some of the records described, the affiant should put this in the affidavit and will send only those records that they have custody over. Additionally, if more than one person knows the facts required to be stated in the affidavit, more than one affidavit may be made.

HOW TO SUBPOENA MEDICAL RECORDS IN OREGON

A subpoena duces tecum for medical records served on a custodian or another keeper of medical records is not valid unless proof of service of a copy of the subpoena is provided. Proof of Oregon Process Service can be done on the patient or health care recipient or upon the attorney for the patient or health care recipient, made in the same manner as proof of service of a summons. This proof is attached to the subpoena served on the custodian or other keeper of medical records.

If a patient or health care recipient is represented by an attorney, a true copy of a subpoena duces tecum for the patient’s or health care recipient’s medical records must be served on the attorney not less than fourteen days before the subpoena is served on a custodian or other keeper of medical records. The court may reduce or extend the fourteen-day Oregon Process Service term upon a showing of good cause. Suppose the patient or health care receiver is not represented by an attorney. In that case, the patient must be supplied with a true copy of the subpoena at least fourteen days before the custodian or another keeper of medical data is served with the subpoena.

If a true copy of a subpoena duces tecum for medical records of a patient or health care recipient cannot be served, and counsel does not represent the patient or health care recipient, a subpoena duces tecum for medical records served on a custodian or other keeper of medical records is valid if the attorney for the person serving the subpoena attaches to the subpoena the affidavit of the attorney attesting to [A.] that reasonable efforts were made to serve the copy of the subpoena on the patient or health care recipient, but that the patient or health care recipient could not be served; [B.] the party subpoenaing the records is unaware of any attorney who is representing the patient or health care recipient; and [C.] to the best knowledge of the party subpoenaing the records, the patient or health care recipient does not know that the records are being subpoenaed.

how to domesticate an OUT-OF-STATE SUBPOENA in Oregon

Issuing an out-of-state subpoena pursuant to the Uniform Interstate Deposition and Discovery Act (UIDDA)-Oregon, the clerk of the court in the county where discovery is to be performed in this state must be presented with a foreign subpoena before it may be requested that a subpoena be issued under this section. Subpoenas issued under this law do not obligate a person to appear in court in Oregon.

Second, the clerk of a court in this state must swiftly issue a summons to the person to whom the international subpoena is sent, in line with that court’s process.

A subpoena issued for a foreign defendant must include: [A.]   the terminology appropriate for the subpoena from abroad; and [B.]  part of the subpoena, it must include or be accompanied with the names, addresses, and phone numbers of all counsel of record and of any party that is not represented by counsel.

for assistance serving legal papers in Oregon

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Sources

1. If the summons is served in 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 under subsection D(6) of this rule, the defendant shall appear and defend within 30 days from the date stated in the summons. The date stated in the summons shall be the date of the first publication.

2. 2011 Oregon Revised Statutes ORS Volume 14, Chapters 645 – 669 ORS Chapter 646 646.221 [1991 c.465 1; renumbered 646A.340 in 2007]

3. OR Rev Stat § 646.221 (through Leg Sess 2011)