Or. Rev. Stat. § 105.135

Service and return of summons; posting; contents; use of facsimile

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105.135 Service and return of summons; posting; contents; use of facsimile. (1) Except as provided in this section, the summons shall be served and returned as in other actions.

(2)(a) The clerk shall calculate the first appearance, which shall be:

(A) Seven days after the judicial day next following payment of the filing fees; or

(B) If the claim for possession is brought under ORS 90.392 or 90.394 for nonpayment as defined in ORS 90.395, 15 days after the judicial day next following payment of the filing fees.

(b) The clerk may delay the first appearance by up to seven days to accommodate dates on which a judge is unavailable to conduct the first appearance and, if possible, to accommodate dates that the plaintiff has indicated unavailability.

(d) If the claim for possession is based on nonpayment as defined in ORS 90.395, the clerk shall include as part of the summons a copy of the notice described in ORS 105.136.

(3) Notwithstanding ORCP 10, by the end of the judicial day next following the payment of filing fees:

(a) The clerk shall mail the summons and complaint by first class mail to the defendant at the premises.

(b) The process server shall serve the defendant with the summons and complaint at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching the summons and complaint in a secure manner to the main entrance to that portion of the premises of which the defendant has possession.

(4) A sheriff may serve a facsimile of a summons and complaint that is transmitted to the sheriff by a trial court administrator or another sheriff by means of facsimile communication. A copy of the facsimile must be attached to the sheriff’s return of service. Before transmitting a summons and complaint to a sheriff under this subsection, the person sending the facsimile must receive confirmation by telephone from the sheriff’s office that a telephonic facsimile communication device is available and operating.

(5) The process server shall indicate the manner in which service was accomplished by promptly filing with the clerk a certificate of service as provided by ORCP 7 F(2)(a).

(6) In the case of premises to which ORS chapter 90 applies, the summons shall inform the defendant of the procedures, rights and responsibilities of the parties as specified in ORS 105.137. [Amended by 1975 c.256 §11; 1977 c.327 §1; 1979 c.854 §2; 1981 c.753 §11; 1983 c.303 §6; 1983 c.581 §3; 1985 c.588 §14; 1995 c.559 §48; 1997 c.577 §33; 2007 c.255 §3; 2017 c.252 §27; 2023 c.13 §60]

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1970–2022 · leading case: BALBOA APARTMENTS v. Patrick

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BALBOA APARTMENTS v. Patrick (2011) or · cites it 17× “Defendant filed an answer and defense, alleging that, among other things, plaintiff failed to serve her within one day of payment of the filing fee, as required by ORS 105.135. Defendant requested dismissal of the action.”

Lindsey v. Normet (1972) scotus · cites it 4× “[6] Ore. Rev. Stat. § 105.135. [7] Id., § 105.”

Godfrey v. Fred Meyer Stores (2005) orctapp · cites it 2× “155(1) ("[W]here this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods: (a) Personal delivery to the landlord or tenant; [or] (b) First class mail to the landlord or tenant[.”

Balboa Apartments v. Patrick (2010) orctapp · cites it 26× “” ORS 105.135 provides, in part: “(1) Except as provided in this section, the summons shall be served and returned as in other actions.”

C.O. Homes, LLC v. Cleveland (2020) or “ORS 105.135(2), ORS 105.113. If the tenant does not want a trial and does not contest the action, attorney fees may not be awarded to the landlord.”

South State Investment Co. v. Brigum (1980) or · cites it 20× “” (Emphasis added) ORS 105.135 provided: "(1) Except as provided in subsection (2) of this section, the summons shall be served and returned as in other actions.”

LEXTON-ANCIRA, INCORPORATED v. Kay (1974) or · cites it 4× “Dooley, Presiding Judge of the above Court; and if you fail to answer, for want thereof the plaintiff will take judgment against you for the restitution of those certain premises described in plaintiff’s complaint.”

Grove v. Hindquarter Corp. (1980) orctapp · cites it 2× “The statutory proceeding is summary in nature: service of the summons must be made not less than three nor more than seven days before the day of trial appointed by the court (ORS 105.135(3)) and no continuance may be granted for a longer period than two days unless the…”

Class v. Carter (1982) or “ORS 105.135. Postponements of more than two days require an undertaking.”

Jordan v. Duprel (1981) sd “The Court’s rationale was predicated on two basic points: (1) the purpose of a FED statute is to provide a landlord with a quick mode of judicial relief so as to avoid any loss of rent monies; and (2) the statute itself does not, in fact, unduly prejudice a tenant as he has as…”

South State Investment Co. v. Brigum (1979) orctapp · cites it 5× “Defend-it was not personally served with the summons in íe action, and the sheriff resorted to the substituted srvice provisions of ORS 105.135(2) and (4): "(2) The sheriff, in his attempt to serve the summons * * * shall make one service attempt.”

Columbia Crossings, LLC v. Mathis (2022) orctapp · cites it 6× “” On May 9, 2019, and again during trial on May 17, 2019, defendants moved to dismiss the FED action because plaintiff had not served them in accordance with ORS 105.135. The trial court denied both of those motions after finding that plaintiff had sufficiently complied with ORS…”

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— Or. Rev. Stat. § 105.135(1) — 1 case