Oregon Rules of Civil Procedure

Oregon's rules for serving a summons and complaint are in the Oregon Rules of Civil Procedure (ORCP), mainly Rule 7. Subpoenas are covered by ORCP 55.

Oregon doesn't license process servers. Any qualified adult can serve a summons, but a private server who delivers a writ of garnishment needs errors and omissions insurance under ORS 18.652.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the Oregon State Legislature ORCP page or ask an attorney before relying on it.

Oregon process servers

• Become a process server in Oregon
• Hire a process server in Oregon

Quick facts: process serving in Oregon

• Who can serve: Any competent person 18 or older who lives in Oregon or in the state where service is made, and who isn't a party or a party's officer, director, employee or attorney (ORCP 7 E).
• Licensing: None for serving a summons. Delivering a writ of garnishment requires at least $100,000 per occurrence in errors and omissions insurance (ORS 18.652).
• Deadline to serve: Serve within 60 days of filing for the case to count as started on the filing date for the statute of limitations (ORS 12.020). If no proof of service is filed by day 63, the court sends a notice of dismissal (UTCR 7.020).
• Substituted service: Leave the papers at the person's home with someone 14 or older who lives there, then mail a copy (ORCP 7 D(2)(b)).
• Proof of service: A private server signs a certificate of service with the details of the service (ORCP 7 F).
• Time to respond: 30 days after service (ORCP 7 C(2)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Oregon. It tracks every attempt with date, time, GPS and photos, and generates certificates and affidavits of service from the job.

Register for ServeManager

Do you need a license to serve process in Oregon?

No. Oregon has no state license, registration or certification for process servers. Under ORCP 7 E, a server must be:

• A competent person, 18 or older
• A resident of Oregon, or of the state where the papers are served
• Not a party to the case, and not an officer, director, employee or attorney of a party (with a narrow exception under ORS 180.260)

The one extra rule is for garnishments. A person other than a sheriff can't deliver a writ of garnishment unless they carry errors and omissions insurance with limits of at least $100,000 per occurrence, from a company authorized in Oregon (ORS 18.652(4)).

For a step-by-step guide, see Become a Process Server in Oregon.

How to serve a summons in Oregon

The server delivers true copies of the summons and complaint. ORCP 7 D(1) says any method is valid if it's reasonably calculated to tell the defendant about the case and give them a chance to respond.

Personal service: ORCP 7 D(2)(a)

Hand true copies of the summons and complaint directly to the person being served.

Substituted service: ORCP 7 D(2)(b)

Leave copies at the person's dwelling house or usual place of abode with someone who lives there and is 14 or older. The plaintiff must then promptly mail a copy by first-class mail to the same address, with a statement of the date, time and place of service. Service is complete when the mailing is sent.

Office service: ORCP 7 D(2)(c)

If the person keeps an office for business, leave copies during normal working hours with the person who appears to be in charge. The plaintiff then mails a copy by first-class mail to the person's home, business or another address most likely to reach them, with the date, time and place of service.

Service by mail: ORCP 7 D(2)(d)

Mail service is allowed only where a rule or statute allows it. It must go by first-class mail and by certified, registered or express mail with return receipt requested. For an individual, mail service counts when the defendant signs the receipt.

Alternative service by court order: ORCP 7 D(6)

If you can't serve by any other method, the plaintiff can ask the court, with an affidavit or declaration, to order another method reasonably calculated to give notice. Options include:

• Publication in a newspaper of general circulation in the county, four times in successive weeks
• Posting, such as at the courthouse
• Mailing to a post office box or other address
• Electronic service by email, text message, fax or a post to a social media account

For electronic service, the affidavit must show that a diligent search didn't turn up a usable home, mailing or work address, that the defendant recently used that account or number, and facts suggesting they'll actually see it. The subject line, first line of the text, first fax page or top of the post must identify the case.

When the court orders alternative service, the plaintiff also mails copies to the defendant's current or last known address, if one can be found. See What is service by publication?

Service outside Oregon: ORCP 7 E

Oregon's methods can be used outside the state. The server must be 18 or older and live in Oregon or in the state where the papers are served.

Serving businesses and other entities

Find registered agents with the Oregon Secretary of State business search.

• Corporations (ORCP 7 D(3)(b)): Serve the registered agent, an officer or a director by personal or office service, or hand the papers to a clerk on duty at the registered agent's office. If you can't find them, other options include substituted service on those people, mail to the registered office, or service on the Secretary of State under ORS 60.121 or 60.731.
• LLCs (ORCP 7 D(3)): Serve the registered agent, a manager or, for a member-managed LLC, a member. Service on the Secretary of State under ORS 63.121 is an alternative.
• Limited partnerships: Serve the registered agent or a general partner. Service on the Secretary of State is an alternative.
• General partnerships and LLPs: Personally serve a partner or an authorized agent.
• State of Oregon: Personally serve the Attorney General, or leave copies at the Attorney General's office with a deputy, assistant or clerk.
• Counties, cities, school districts and other public bodies: Serve an officer, director, managing agent or attorney of the public body by personal or office service.

Serving a subpoena in Oregon

A party, the party's attorney or any other person 18 or older can serve a subpoena (ORCP 55 A(4)). For a witness 14 or older, deliver the subpoena personally, with the fee for one day's attendance and the mileage allowed by law, unless the witness says they don't want payment.

A subpoena that only asks for documents can be served by mail. A subpoena to appear can be mailed only if the witness agrees ahead of time, fee arrangements are made, and the signed receipt comes back more than 3 days before the appearance date (ORCP 55 B(2)(c)). Proof of service is made the same way as for a summons.

Proof of service

The summons goes back to the court clerk promptly, with proof of service or a statement that the defendant couldn't be found (ORCP 7 F).

A private server's certificate of service states:

• The documents served
• The time, place and manner of service
• That the server meets the requirements of ORCP 7 E
• That the server knew the person served was the right person
• For substituted or office service, the name of the person the papers were left with, or a description of them

For a mailing, describe the mailing and attach any return receipt. A declaration under penalty of perjury under ORCP 1 E can be used in place of an affidavit. If service was valid, failing to file proof doesn't make it invalid.

Hire an Oregon process server

Find agencies across the state in the Oregon process server directory.

More Oregon resources

• Become a Process Server in Oregon
• Courts in Oregon
• Oregon Rules of Civil Procedure (Oregon State Legislature)
• Uniform Trial Court Rules (Oregon Judicial Department)
• Registered agents and service of process (Oregon Secretary of State)

This page is a general overview of Oregon law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.