Lane County Court Rules Deskbook

Transcription

1 Lane County Court Rules Deskbook Oregon Rules of Civil Procedure Uniform Trial Court Rules Lane County Supplemental Local Rules Oregon Evidence Code Edited and Compiled by Neil Miller & Katie Drow 2 nd Draft Posted in PDF on lanecounty.org on 7/7/2017 All suggestions or errors may be sent to lclawlib@co.lane.or.us. 1

2 Contents OREGON RULES OF CIVIL PROCEDURE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE 11 (Reserved for Expansion) RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE

3 RULE RULE RULE RULE RULE 35 (Reserved for Expansion) RULE RULE RULE RULE RULE RULE RULE 42 (Reserved for Expansion) RULE RULE RULE RULE RULE RULES 48 and 49 (Reserved for Expansion) RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE RULE

4 RULE RULE RULE RULE RULE RULE RULE RULE RULE RULES 74 through RULE RULE RULE RULE RULE RULE RULE RULE Uniform Trial Court Rules UTCR Scope of these rules UTCR Amendment of these rules; effective date UTCR Transition to these rules UTCR Local rules of court not permitted; exception UTCR Promulgation of SLR; review of SLR; enforceability of local practices UTCR Numbering of court rules UTCR Citation of court rules UTCR Format and location of court rules UTCR Sanctions UTCR Relief from application of court rules UTCR Definitions UTCR Disbursing monies; motion and order UTCR Time computation UTCR Requests for extended retention of court records

5 UTCR Hours of court operation UTCR Filing of documents with courts; local SLR UTCR Court websites; hours of court operation UTCR Information on free or low-cost local legal services UTCR Form of documents UTCR Certificate of service UTCR Matters under advisement more than 60 days UTCR Attorney fees on written instruments UTCR Entering judgment on face of negotiable instrument UTCR Notice of arbitration in pleadings UTCR Communication with court UTCR Filings for consolidated cases UTCR Protected personal information, not contact information, requirements and procedures to segregate when submitting UTCR Protected personal information, not contact information, procedures to segregate when information already exists in a case file UTCR Affidavits UTCR Family law confidential personal information UTCR Proper apparel UTCR Proper apparel for incarcerated witnesses and defendants appearing in criminal proceedings UTCR Manner of address UTCR Advice to clients and witnesses of courtroom formalities UTCR Proper position of parties before court UTCR Defendant in criminal trial UTCR Persons permitted within bar of court UTCR Procedure for swearing witnesses UTCR Undue recognition or familiarity by judge UTCR Proper use of court chambers UTCR Conferences in chambers UTCR Communication with jurors UTCR Disclosure of related matters when seeking court order UTCR Resignation of attorneys UTCR No reaction to jury verdict UTCR Explanation of proceedings to jurors

6 UTCR Association of out-of-state counsel (pro hac vice) UTCR Media or other public access coverage of court events UTCR Oral argument on motions in criminal cases UTCR Motion to suppress evidence UTCR Dismissal of charges following successful completion of diversion UTCR Appearance at criminal proceedings by means of simultaneous electronic transmission UTCR Electronic citations (1) As used in this rule: (a) Electronic citation means a violation complaint or a criminal citation electronically filed in circuit court by a filing agency pursuant to ORS or ORS (b) Filing agency means a law enforcement agency or a parking enforcement agency filing an electronic citation (c) Trial court administrator means the trial court administrator for the circuit court in which the electronic citation is filed (2) A circuit court, upon approval of the State Court Administrator, may authorize the filing of electronic citations. A circuit court s request to the State Court Administrator for approval of the use of electronic citations must: (a) Describe the understanding reached with the filing agency, and (b) Describe the manner in which the electronic citations will be accommodated by Oregon Judicial Department systems and computer technology (3) The State Court Administrator may establish appropriate conditions and procedures to be followed by a court and its partners in an electronic citation program to assure that the process for electronic citations can be accommodated by Oregon Judicial Department systems and computer technology (4) The transmission of information and images as provided in this rule must be tested and meet completely the system requirements for electronically uploading information and images into the Oregon Judicial Department s automated information systems. Testing shall be administered by Oregon Judicial Department staff (5) A filing agency must satisfy all of the following requirements when filing an electronic citation in circuit court: (a) The filing agency must obtain from the trial court administrator written approval before filing electronic citations (b) For a violation complaint, the electronic citation information must include all of the information required by ORS (2)(a) UTCR Crime victims rights--prosecutor s notification and crime victims rights violation claim UTCR Conferring on motions under ORCP 21, 23 and UTCR Points and authorities to accompany motion and other requirements

7 UTCR Opposing party s response; time for filing response and reply UTCR Motions to be determined by the presiding judge or designee UTCR Oral argument on motions in civil cases; appearance at nonevidentiary hearings and motions by telecommunication UTCR Stipulated and ex parte matters (4) Ex parte matters that are presented conventionally shall be presented anytime during court hours, except as modified by SLR promulgated pursuant to UTCR Until such local rules are adopted, stipulated and ex parte matters may be personally presented anytime during court hours UTCR Motion for leave to amend pleading UTCR Statement for attorney fees, costs, and disbursements UTCR Notice to court in water rights cases UTCR Submission of proposed orders or judgments (1) Except as provided in subsection (3) of this rule, any proposed judgment or proposed order submitted to the court must be: (a) Served on each counsel not less than 3 days prior to submission to the court, or (b) Accompanied by a stipulation by each counsel that no objection exists as to the judgment or order, or (c) Served on a self-represented party not less than 7 days prior to submission to the court and be accompanied by notice of the time period to object (2) Except as provided in subsection (4) of this rule, any proposed judgment or order submitted to the court must include, following the space for judicial signature, a dated and signed certificate that describes: (a) The manner of compliance with any applicable service requirement under this rule; and (b) The reason that the submission is ready for judicial signature or otherwise states that any objection is ready for resolution, identifying the reason in substantially the following form: This proposed order or judgment is ready for judicial signature because: [ ] Each party affected by this order or judgment has stipulated to the order or judgment, as shown by each party s signature on the document being submitted [ ] Each party affected by this order or judgment has approved the order or judgment, as shown by each party s signature on the document being submitted or by written confirmation of approval sent to me [ ] I have served a copy of this order or judgment on each party entitled to service and: a. [ ] No objection has been served on me b. [ ] I received objections that I could not resolve with a party despite reasonable efforts to do so. I have filed a copy of the objections I received and indicated which objections remain unresolved c. [ ] After conferring about objections, [role and name of objecting party] agreed to independently file any remaining objection [ ] Service is not required pursuant to subsection (3) of this rule, or by statute, rule, or otherwise UTCR Class actions

8 UTCR Notice to the department of justice, crime victims assistance section, of punitive damages UTCR Interstate deposition instruments-obtaining an Oregon commission UTCR Oregon discovery in foreign proceedings UTCR Expedited civil jury cases UTCR Sealed documents UTCR Conferences in civil proceedings UTCR Court notification on settlement or change of plea UTCR Postponement of trial UTCR Resolving scheduling conflicts UTCR Submission of trial memoranda and trial exhibits UTCR Proposed jury instructions and verdict forms UTCR Jury instructions UTCR Marking exhibits UTCR Peremptory challenges in civil cases UTCR Examination of witnesses UTCR Special and general findings in separate document UTCR Disposition of exhibits UTCR Waiver of jury trial in civil cases UTCR Procedures for use of hazardous substance UTCR Weapons and dangerous instruments in the courtroom UTCR Controlled substances in the courtroom UTCR Juror handling of controlled, hazardous, or infectious substances and chemicals UTCR Weapons and hazardous substances in the court facilities UTCR Evidence submitted in an electronic format UTCR Pretrial settlement conferences UTCR Pleas, negotiations, discovery and trial dates in criminal cases UTCR Setting trial date in civil cases UTCR Complex cases UTCR Notify court of settlements and other matters UTCR Effect of bankruptcy petition UTCR Americans with Disabilities Act (ADA) accommodation UTCR Foreign language interpreters UTCR Interpreters requests for information

9 UTCR Actions for dissolution of marriage, separate maintenance and annulment, and child support UTCR Support orders UTCR Prejudgment relief under ORS (1) UTCR Judgment modification proceedings UTCR Filing DCS work sheets required in child support cases UTCR Standardized parenting plans UTCR Statutory restraining order to prevent dissipation of assets in certain domestic relations actions (Adopted out-of-cycle on December 5, 2003, pursuant to CJO ; effective January 1, 2004.) UTCR Certificate regarding pending child support proceedings and/or existing child support orders and/or judgments (Adopted out-of-cycle on December 5, 2003, pursuant to CJO ; effective January 1, 2004.) UTCR Procedure for waiver of marriage fee under ORS UTCR Limited Scope representation UTCR Mailing probate materials to the court UTCR Approval of bonds UTCR Addresses and telephone numbers required UTCR Settlement of personal injury claims in probate cases UTCR Restricted accounts UTCR Fees in estates, guardianships and conservatorships UTCR Summary determination of claim under ORS (1)(a) and UTCR Oral objections in protective proceedings and notice of free and low-cost legal services UTCR Form of accountings UTCR Fiduciary disclosure in accountings UTCR Vouchers and depository statements UTCR Return of vouchers and depository statements UTCR Appointment of guardians in adoptions UTCR Presentation of adoption judgments UTCR Change of name and change of sex proceedings UTCR Court visitor s report UTCR Protective Proceeding--Confidential Information Order UTCR Petition for review of order of suspension under ORS UTCR Preparation and delivery of the record on review UTCR Form of transcript of oral proceedings UTCR Settlement of the record

10 UTCR Petitioner s memorandum of points and authorities UTCR Opposing party s response UTCR Setting hearing date UTCR Oral argument at hearing UTCR Entry of judgment UTCR Application for court appointed counsel UTCR Compensation and appointment of court appointed counsel UTCR Admission or stipulation to jurisdiction; dismissal UTCR Predisposition investigation UTCR Temporary suspension of visitation rights when termination petition filed UTCR Application of chapter UTCR Arbitration commission UTCR Relationship to court jurisdiction and applicable rules UTCR Arbitration when case already set for trial UTCR Pleadings in cases subject or not subject to arbitration UTCR Exemption from arbitration UTCR Assignment to arbitrator UTCR Arbitrators UTCR Authority of arbitrators UTCR Arbitrator s oath UTCR Compensation of arbitrator UTCR Restrictions on communication between arbitrator, parties and attorneys UTCR Discovery UTCR Subpoena UTCR Scheduling of the hearing UTCR Prehearing statement of proof UTCR Conduct of hearing UTCR Certain documents admissible UTCR Absence of party at hearing UTCR Form and content of award UTCR Filing of an award UTCR Judgment on award UTCR Request for trial de novo

11 UTCR Procedure at trial de novo UTCR Trial docket UTCR Pretrial settlement conferences and arbitration UTCR Small claims forms UTCR Dismissal of small claims for want of prosecution UTCR Scope, construction, application UTCR Initiating instrument requirements and maximum sanctions UTCR Allowing remedial sanctions UTCR Applicability of ORCP and other UTCR UTCR Exceptions to and limitations on applicable ORCP in remedial proceedings UTCR Definitions UTCR Applicability; local rules of court not permitted UTCR Filers UTCR Format of documents to be filed electronically UTCR Payment of fees UTCR Files of the court UTCR Special filing requirements UTCR Electronic filing deadlines UTCR Electronic signatures UTCR Electronic service UTCR Hyperlinks UTCR Retention of documents by filers UTCR Protected information UTCR Mandatory Electronic Filing UTCR Oregon complex litigation court UTCR Assignment of cases to the OCLC UTCR Removal of cases from the OCLC UTCR Case management UTCR Case management conference; case management order UTCR Settlements and discontinuances Supplemental Local Rules Lane County Rule Addresses and Telephone Numbers Rule Filing of Documents

12 Rule Court Web Site Rule Proposed Orders Rule Return of a Document to a Party Rule Stipulated or Ex Parte matters for Which the Documents Must be Presented Conventionally and May Not be Electronically Filed Rule Appropriate Attire Defined Rule Resignation of Counsel Rule Attorney of Record in Pending Cases Rule Media or Other Public Access Coverage in Areas Outside of Courtrooms Rule Personal Communication Devices Rule Testimony by Judge of the Circuit Court, Trial Court Administrator, Staff Rule Motions and Demurrers in Criminal Cases Rule Oral Stipulations Rule Motions in Civil Cases Rule Testimony by Judge of the Circuit Court, Trial Court Administrator, Staff Rule Points and Authorities Rule Initiating Conference Call for Nonevidentiary Hearing Rule Presentation of Ex Parte Orders Rule STREAMLINED JURY TRIAL PROJECT Rule Settlement Conferences Rule Motion to Postpone Rule Exhibits--Audio and Video Recordings Rule Hearing of Post-Trial Motions Rule Schedules of Vacation and Other Unavailable Days Rule Assignment of Cases for Trial Rule SETTLEMENT OF DOMESTIC RELATIONS CASES Rule Hours of Trial Rule Motion Days Rule Show Cause Hearings Rule Parenting Time Enforcement Proceedings Rule Criminal Call Rule Commercial Court Rule Settlement of Domestic Relations Cases

13 Rule Contempt Show Cause Procedures Rule Custody or Parenting Time Issues in Paternity Cases Rule Mandatory Parent Education Program Rule Property Lists Rule Orders to Show Cause Prior to Trial Rule Pre-Judgment Temporary Custody and Parenting Time Rule Bifurcation of Custody Issue Rule Post-Judgment Modification Proceedings: Status Quo Hearings Rule Parenting Time Enforcement Proceedings Rule Custody and Parenting Time Mediation Rule Probate Commissioner Rule Filing Probate Matters Rule Ex Parte Orders in Decedents Estates, Guardianships and Conservatorships Rule Scheduling Conferences and Hearings Rule Filing Delinquencies or Deficiencies Rule Representation Rule Notice to Surety Rule Personal Injury Settlement Petitions Rule Objection to Petition for Appointment of Guardian/Conservator Rule Guardianships Rule Guardians Rule NON-PROFESSIONAL FIDUCIARY EDUCATIONAL PROGRAM Rule Adoptions Rule Form of Accounts Rule Presentation of Accounts in Decedents Estates Rule Presentation of Accounts in Conservatorships Rule Appearance in Juvenile Court for Termination of Parental Rights Cases Rule Mandatory Mediation Rule Court Control; Agreements Rule Notice Rule Mediation Process--Court-Connected Program Rule Mediation Process--Independent Mediators Rule Referral to Arbitration; Motions

14 Rule Compensation of Arbitrators Rule Applicable Supplementary Local Rules Rule Mediation Rule Violations Bureau Rule Violation Cases--Attorneys Rule Pretrial Motions and Demurrers Rule Other Applicable Supplementary Local Rules Rule Trial by Affidavit--Violations Oregon Evidence Code Rule 100 Short title Rule 101 Applicability of Oregon Evidence Code Rule 102 Purpose and construction Rule 103 Rulings on evidence Rule 104 Preliminary questions Rule 105. Limited admissibility Rule 106. When part of transaction proved, whole admissible Rule 201 (JUDICIAL NOTICE) Rule 202. Law that is judicially noticed Rule 305. Allocation of the burden of persuasion Rule 306. Instructions on the burden of persuasion Rule 307. Allocation of the burden of producing evidence Rule 308. Presumptions in civil proceedings Rule 309. Presumptions in criminal proceedings Rule 310. Conflicting presumptions Rule 311. Presumptions Rule 401. Definition of relevant evidence Rule 402. Relevant evidence generally admissible Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay Rule 404. Character evidence; evidence of other crimes, wrongs or acts Rule 405. Methods of proving character Rule 406. Habit; routine practice Rule 407. Subsequent remedial measures Rule 408. Compromise and offers to compromise

15 Rule 409. Payment of medical and similar expenses Rule 410. Withdrawn plea or statement not admissible Rule 411. Liability insurance Rule 412. Sex offense cases; relevance of victim s past behavior or manner of dress Rule 503. Lawyer-client privilege Rule 504. Psychotherapist-patient privilege Rule 505. Spousal privilege Rule 506. Member of clergy-penitent privilege Rule 507. Counselor-client privilege Rule 508a. Stenographer-employer privilege Rule 509. Public officer privilege Rule 510. Identity of informer Rule 511. Waiver of privilege by voluntary disclosure Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege Rule 513. Comment upon or inference from claim of privilege Rule 514. Effect on existing privileges Rule 601. General rule of competency Rule 602. Lack of personal knowledge Rule 603. Oath or affirmation Rule 604. Interpreters Rule 605. Competency of judge as witness Rule 606. Competency of juror as witness Rule 607. Who may impeach Rule 608. Evidence of character and conduct of witness Rule 609. Impeachment by evidence of conviction of crime; exceptions Rule 610. Religious beliefs or opinions Rule 611. Mode and order of interrogation and presentation Rule 612. Writing used to refresh memory Rule 613. Prior statements of witnesses Rule 615. Exclusion of witnesses Rule 701. Opinion testimony by lay witnesses Rule 702. Testimony by experts Rule 703. Bases of opinion testimony by experts

16 Rule 704. Opinion on ultimate issue Rule 705. Disclosure of fact or data underlying expert opinion Rule 706. Impeachment of expert witness by learned treatise Rule 801. Definitions for ORS to Rule 802. Hearsay rule Rule 803. Hearsay exceptions; availability of declarant immaterial Rule 804. Hearsay exceptions when the declarant is unavailable Rule 805 Hearsay within hearsay Rule 806 Attacking and supporting credibility of declarant Rule 901 Requirement of authentication or identification Rule 902 Self-authentication Rule 903 Subscribing witness testimony unnecessary Rule 1001 Definitions for ORS to Rule 1002 Requirement of original Rule 1003 Admissibility of duplicates Rule 1004 Admissibility of other evidence of contents Rule 1005 Public records Rule 1006 Summaries Rule 1007 Testimony or written admission of party Rule 1008 Functions of court and jury

17 ORCP OREGON RULES OF CIVIL PROCEDURE RULE 1 SCOPE; CONSTRUCTION; APPLICATION; RULE; CITATION A Scope. These rules govern procedure and practice in all circuit courts of this state, except in the small claims department of circuit courts, for all civil actions and special proceedings whether 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 in all civil actions and special proceedings, whether cognizable as cases at law, in equity, or of statutory origin, for the small claims department of circuit courts and for all other courts of this state to the extent they are made applicable to those courts by rule or statute. Reference in these rules to actions shall include all civil actions and special proceedings whether cognizable as cases at law, in equity or of statutory origin. B Construction. These rules shall be construed to secure the just, speedy, and inexpensive determination of every action. C Application. These rules, and amendments thereto, shall apply to all actions pending at the time of or filed after their effective date, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies. D Rule defined and local rules. References to these rules shall include Oregon Rules of Civil Procedure numbered 1 through 85. General references to rule or rules shall mean only rule or rules of pleading, practice, and procedure established by ORS 1.745, or promulgated under ORS 1.006, 1.735, 2.130, and , unless otherwise defined or limited. These rules do not preclude a court in which they apply from regulating pleading, practice, and procedure in any manner not inconsistent with these rules. E Use of declaration under penalty of perjury in lieu of affidavit. E(1) Definition. As used in these rules, declaration means a declaration under penalty of perjury. A declaration may be used in lieu of any affidavit required or allowed by these rules. A declaration may be made without notice to adverse parties. E(2) Declaration made within the United States. A declaration made within the United States must be signed by the declarant and must include the following sentence in prominent letters immediately above the signature of the declarant: I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury. E(3) Declaration made outside the boundaries of the United States. A declaration made outside the boundaries of the United States as defined in ORS (1) must be signed by the declarant and must include the following language in prominent letters immediately following the signature of the declarant: I declare under penalty of perjury under the laws of Oregon that the foregoing is true and correct, and that I am physically outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. Executed on the (day) of (month), (year) at (city or other location), (country). 17

18 ORCP F Electronic filing. Any reference in these rules to any document, except a summons, that is exchanged, served, entered, or filed during the course of civil litigation shall be construed to include electronic images or other digital information in addition to printed versions, 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 citation of Rule 7, section D, subsection (3), paragraph (a), subparagraph (iv), part (A), as ORCP 7 D(3)(a)(iv)(A). [CCP 12/2/78; amended by 1979 c.284 7; D amended by 1981 c.898 3; D amended by 1981 s.s. c.1 21; E amended by CCP 12/13/86; A amended by 1995 c ; amended by 2003 c.194 1; F adopted and former F redesignated as G and D,E,G amended by CCP 12/13/08; E amended by 2013 c.218 9; A,E,F amended by CCP 12/6/14] RULE 2 FORM OF ACTION One form of action. There shall be one form of action known as a civil action. All procedural distinctions between actions at law and suits in equity are hereby abolished, except for those distinctions specifically provided for by these rules, by statute, or by the Constitution of this state. [CCP 12/2/78] RULE 3 COMMENCEMENT Commencement of action. Other than for purposes of statutes of limitations, an action shall be commenced by filing a complaint with the clerk of the court. [CCP 12/2/78] RULE 4 JURISDICTION (Personal) 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 following circumstances: A Local presence or status. In any action, whether arising within or without this state, against a defendant who when the action is commenced: A(1) Is a natural person present within this state when served; or A(2) Is a natural person domiciled within this state; or A(3) Is a corporation created by or under the laws of this state; or A(4) Is engaged in substantial and not isolated activities within this state, whether such activities are wholly interstate, intrastate, or otherwise; or A(5) Has expressly consented to the exercise of personal jurisdiction over such defendant. B Special jurisdiction statutes. In any action which may be brought under statutes or rules of this 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 without this 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 state arising out of an act or omission outside this state by the defendant, provided in addition that at the time of the injury, either: 18

19 ORCP D(1) Solicitation or service activities were carried on within this state by or on behalf of the defendant; or D(2) Products, materials, or things distributed, processed, serviced, or manufactured by the defendant were used or consumed within this state in the ordinary course of trade. 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; or E(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 this state 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 the defendant 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 this state by the plaintiff from the defendant or by the defendant from the plaintiff, without regard to where 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 19 state at the time of such ownership, use, or possession; including, but not limited to, actions to recover a deficiency judgment upon any mortgage, 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 or was an officer or director of a domestic corporation where the action arises out of the defendant s conduct as such officer or director or out of the activities of such corporation while the defendant held 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 in addition 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 of which the cause of action is claimed to arise occurred; or I(3) The event out of which the cause of action is claimed to arise occurred 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 security in this state, directly or indirectly, unless the

20 ORCP security or the sale is exempt from ORS ; or 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, if the parties to a marriage have concurrently maintained the same or separate residences or domiciles within this state for a period of six months, notwithstanding departure from this state and 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 not commenced within one year following the date upon which the party who left the state acquired a residence or domicile in another state or country, no jurisdiction is conferred by this subsection in any such action. K(3) In any proceeding to establish paternity under ORS chapter 109 or 110, or any action for 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 is alleged to have taken place in this state. L Other actions. Notwithstanding a failure to satisfy the requirement of sections B through K of this rule, in any action where prosecution of the action against a defendant in this state is not inconsistent with the Constitution of this state or the Constitution of the United States. 20 M Personal representative. In any action against a personal representative to enforce a claim against the deceased person represented where one or more of the grounds stated in sections A through L would have furnished a basis for jurisdiction over the deceased had the deceased been living. 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 jurisdictional grounds stated in sections B through L, there cannot be joined in the same action any other claim or 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 by CCP 12/10/88 and 1/6/89; K amended by 1993 c ; J amended by 1995 c ; K amended by 1995 c ; K amended by 2003 c.14 13] RULE 5 (In Rem) 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 the interests of a defendant in the status, property, or thing acted upon only if a summons has been served upon the defendant pursuant to Rule 7 or other applicable rule or statute. Jurisdiction in rem 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 defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded

21 ORCP consists wholly 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 upon real property within this state. [CCP 12/2/78] RULE 6 (Without Service) Personal jurisdiction without service of summons. A court of this state having jurisdiction of the 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 party in an action which the party has commenced in this state and also over any party who appears in the action and waives the defense of lack of jurisdiction over the person, insufficiency of summons or process, or insufficiency of service of summons or process, as provided in Rule 21 G. Where jurisdiction is exercised under Rule 5, a defendant may appear in an action and defend on the merits, without being subject to personal jurisdiction by virtue of this rule. [CCP 12/2/78] RULE 7 A Definitions. For purposes of this rule, plaintiff shall include any party issuing summons and defendant shall include any party upon whom service of summons is sought. For purposes of this rule, a true copy of a summons and complaint means an exact and complete copy of the original summons and complaint. B Issuance. Any time after the action is commenced, plaintiff or plaintiff's attorney may issue as many original summonses as either may elect and deliver such summonses to a person authorized to serve summonses under section E of this rule. A summons is issued when 21 subscribed 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 C(2) of this rule and a notification to defendant that, in case of failure to do so, the plaintiff will apply to the court for the relief demanded in the complaint. C(1)(c) Subscription; post office address. A subscription by the plaintiff or by an active member of the Oregon State Bar, with the addition of the post office address at which papers in the action may be served by mail. C(2) Time for response. If the summons is served by any manner other 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 and defend within 30 days from the date stated in the summons. The date so stated in the summons shall 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 C(3)(b) or C(3)(c) of this rule, shall contain a notice printed in type size equal to at least 8-point type that may 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 you must file with the court a legal document called a motion or answer. The motion or answer must be given to the court clerk or

22 ORCP administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff's attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff. If you have questions, you should see an attorney immediately. If you need help in finding an attorney, you may contact the Oregon State Bar's Lawyer Referral Service online at or by calling (503) (in the Portland metropolitan area) or tollfree elsewhere in Oregon at (800) C(3)(b) Service for counterclaim or crossclaim. A summons to join a party to respond to a counterclaim or a cross-claim pursuant to Rule 22 D(1) shall contain a notice printed in type size equal to at least 8-point type that 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 the court a legal document called a motion, a reply to a counterclaim, or an answer to a cross-claim. The motion, reply, or answer must be given to the court clerk or administrator 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 not have 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 at or by calling (503) (in the Portland metropolitan area) or tollfree elsewhere in Oregon at (800) C(3)(c) Service on persons liable for attorney fees. A summons to join a party pursuant to Rule 22 D(2) shall contain a notice 22 printed in type size equal to at least 8-point type that 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 may be entered against you, as provided by the agreement to which defendant alleges you are a party. You must appear to protect your rights in this matter. To appear you must file with the court a legal document called a motion or reply. The motion or reply must be given to the 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 not have 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 at or by calling (503) (in the Portland metropolitan area) or tollfree elsewhere in Oregon at (800) 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 the existence and pendency of the action and to afford a reasonable opportunity to appear and defend. Summons may be served in a manner specified in this rule or by any other rule or statute on the defendant or upon an agent authorized by appointment or law to accept service of summons for the defendant. Service may be made, subject to the restrictions and requirements of this rule, by the following methods: personal service of true copies of the

23 ORCP summons and the complaint upon defendant or an agent of defendant authorized to receive process; substituted service by leaving true copies of the summons and the complaint at a person's dwelling house or usual place of abode; office service by leaving true copies of the summons and the complaint with 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 be served to any person 14 years of age or older residing in the dwelling house or usual place of abode of the person to be served. Where substituted service is used, the plaintiff, as soon as reasonably possible, shall cause to be mailed by first class mail true copies of the summons and the complaint to the defendant at defendant's dwelling house or usual place of abode, together with 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 the mailing. 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 at that office during normal working hours with the person who is apparently in charge. Where office service is used, the plaintiff, as soon as reasonably possible, shall cause to be mailed by first 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 any other place under the 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 23 which office service was made. For the purpose of computing any period of time prescribed or allowed by these rules or by statute, office service shall be complete upon the mailing. D(2)(d) Service by mail. D(2)(d)(i) Generally. When service by mail is 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 and the 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 class mail does not include certified, registered, or express mail, return receipt requested, or any other form of mail that 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 on the day the defendant, or other person authorized by appointment or law, 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 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 the defendant or other person authorized by appointment or law to receive service of summons on behalf of the defendant, by substituted service, or by office service. Service may also be made upon an individual defendant or other person authorized to receive service to whom neither subparagraph D(3)(a)(ii) nor D(3)(a)(iii) of this rule applies by a mailing made in accordance with paragraph D(2)(d) of this rule provided the defendant or other person authorized to receive service signs a receipt for the certified, registered, or express mailing, in which case service shall be complete on the date on which the defendant signs a receipt for the mailing.

24 ORCP D(3)(a)(ii) Minors. Upon a minor under 14 years of age, by service in the manner specified in subparagraph D(3)(a)(i) of this rule upon the minor; and additionally upon the minor's father, 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 the minor resides, or in whose service the minor is employed, or upon a guardian ad litem appointed pursuant to Rule 27 B. D(3)(a)(iii) Incapacitated persons. Upon a person who is incapacitated or is financially incapable, as both terms are defined by ORS , by service in the manner specified in subparagraph D(3)(a)(i) of this rule upon the person and, also, upon the conservator of the person's estate or guardian or, if there be none, upon a guardian ad litem appointed pursuant to Rule 27 B. D(3)(a)(iv) Tenant of a mail agent. Upon an individual defendant who is a tenant of a mail agent within the meaning of ORS 646A.340, by delivering true copies of the summons and the complaint to any person apparently in charge of the place where the mail agent receives mail for the tenant, provided that: D(3)(a)(iv)(A) the plaintiff makes a diligent inquiry but cannot find the defendant; and D(3)(a)(iv)(B) the plaintiff, as soon as reasonably possible after delivery, causes true copies of the summons and the complaint to be mailed by first class mail to the defendant at the address at which the mail agent receives mail for the defendant and to any other mailing address of the defendant then known to the plaintiff, together with a statement of the date, time, and place at which the plaintiff delivered the copies of the summons and the complaint. Service shall be complete on the latest date resulting from the application of subparagraph D(2)(d)(ii) of this rule to all mailings required by this subparagraph unless the defendant signs a receipt for the mailing, in which case service is complete on the day the defendant signs the receipt. D(3)(b) Corporations including, but not limited to, professional corporations and 24 cooperatives. Upon a domestic or foreign corporation: D(3)(b)(i) Primary service method. By personal service or office service upon a registered agent, officer, or director of the corporation; or by personal service upon any clerk on duty in the office of a registered agent. D(3)(b)(ii) Alternatives. If a registered agent, officer, or director cannot be found in the county where the action is filed, true copies of the summons and the complaint may be served: D(3)(b)(ii)(A) by substituted service upon the registered agent, officer, or director; D(3)(b)(ii)(B) by personal service on any clerk or agent of the corporation who may be found in the county where the action is filed; D(3)(b)(ii)(C) by mailing in the manner specified in paragraph D(2)(d) of this rule true copies of the summons and the complaint to: the office of the registered agent or to the last registered office of the 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 knows or has reason to believe is most likely to result in actual notice; or D(3)(b)(ii)(D) upon the Secretary of State in the manner provided in ORS or 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 membermanaged limited liability company) member of a limited liability company; or by personal service upon any clerk on duty in the office of a registered agent. D(3)(c)(ii) Alternatives. If a registered agent, manager, or (for a member-managed limited liability company) member of a limited liability company cannot be found in the county where the action is filed, true copies of the summons and the complaint may be served: